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DECLARATION OF COVENANTS, CONDITIONS ~ND RESTRICTIONS

FOR CLOVERDALE HEIGHTS

Marcus Enterprises, a partnership, ("Declarant") does

hereby submit the real property in Kabletown Magisterial

District, Jefferson County, West virginia, described in

S<::hedule A-I, to the provisions of the Uniform Common Interest

Ownership Act, West Virginia Code section 36B-1-101, .g..t gg.

( "Act II) for the purpose of creating Cloverdale Heights and

making the improvements shown in the plat and plans attached

aE; Schedules A-l through A-S, and does hereby declare that

the property described on Schedule A-I shall be held and

conveyed subject to the following terms, covenants,

restrictions, and conditions:

ARTICLE I.

Definitions

section 1.1 -Act. The Uniform Common Interest OwnershipAc:t, West Virginia Code section 36B-1-101, g:t.~, as it maybe! amended from time to time.

section 1.2 -Allocated Interests. The undividedinlterest in the Common Elements, the Common Expense liability,anld votes in the Association, allocated to units in the CommonInlterest Community. The Allocated Interests are described inAr'ticle IX of this Declaration and shown on Schedule A-2.

section 1.3 -Association. C1overda1e Heights HomeownersAssociation, Inc., a non-profit corporation organized underWest Virginia Code Section 31-1-1. et seq. It is theAssociation of unit owners pursuant to section 3-101 of theAct.

section 1.4 -Bylaws. The Bylaws of the Association, asthey may be amended from time to time.

section 1.5 -Common Elements. Each portion of theCommon Interest community other than a unit.

section 1.6 -Common Expenses. The expenses or financialliabilities for the operation of the Common Interest'comm~nity.

These include:

Expenses of administration, maintenance, repairor replacement of the Common Elements;

i)

Expenses declared to be Common Expenses by theDocuments or by the Act;

(ii

Expenses agreed upon as Common Expenses by theAssociation; and

(iii)

Such reasonable reserves as may be established bythe Association, whether held in trust or by theAssociation, for repair, replacement or addition

(iv)

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, .'-, ..,

to the Common Elements or any other real lorpersonal property acquired or held by theAssociation.

Section 1.7 -Common Interest Community. The realproperty described in Schedule A-I, subject to the Declarationof Covenants, Conditions and Restrictions of Cloverdalelleights.

Section 1.8 -Construction. Any land disturbingactivity, including surveying, excavating, or digging, or thebuilding,

installing, erecting, Inaintaining, remodeling,reconstructing, renovating, removing, or destroying of anyimprovement.

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.Section 1.9 -Declarant. Marcus Enterpr1ses, iapartnership, or its successor as defined in Sectio~ 1-103(12)

of the Act. !

Section 1.10 -Development Rights. The rights reservedby the Declarant under Article VIII of this Declaration to(i) apd real estate to the Common Interest Community; (ii)create Units, or Common Elements within the Common InterestCommunity;

(iii) subdivide Units or convert units into CommonElements; or (iv) withdraw real estate from the Common

Interest community.~;:

Section 1.11 -Director. A member of the ExecutiveBoard

Section 1.12 -Documents. 'l'he Declaration, Plat andPlans recorded and filed pursuant to the provisions of theAct, the Bylaws, and the I~ules as they be amended from tinle totime.

Any exhibit, schedule, or certification acccrmpanyil1g aDocument is a part of that Document. I

Section 1.13 -Eligible Insurer. An insurer or guarantorof a first Security Interest in a unit which has notified the~ssociation in writing of its name and address and

l that it haslnsured or guaranteed a first Security Interest in a Unit.Such notice shall be deemed to include a request that theeligible insurer be given the notices and other rightsdescribed in Article XVI.

section 1.14 -Eligible Mortgagee. The holdet of a firstSecurity Interest in a Unit which has notified theAssociation,

in writing, of its name and address, and that itholds a first Security Interest in a unit. Such notice shallbe deemed to include a request that the Eligible Mortgagee begiven the notices and other rights described in Article XVI.

section 1.15 -Executive Board.of the Association.

'fhe board of directors

Section 1.16 -Improvements. Any construction,structure, fixture or facilities of any kind of either atemporary or permanent nature, constructed above, at or belowground level, including, but not limited to, a house, garage,carport, shed, patio, terrace, deck, walk, tennis court,swimming pool, antenna, TV satelite dish, fence, wall,driveway,

or parking lot.

Section 1.17 -Limited Common Elements. A portion of theCommon Elements allocated by the Declaration or by operationof Section 2-102 (2) or (4) of tile Act for the exclusive useof one or more but fewer than all of the units.

Section 1.18 -Majority or Majority of unit Owners.owners of more than 50% of the votes in the Association.

The

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section 1.19 -Manager. A person, firm or corporationemployed or engaged to perform management services for theCommon Interest Community and the Association.

section 1.20 -Notice and Comment. The right of a unitOwner to receive notice of an action proposed to be taken byor on behalf of the Association, and the right to commentthereon. The procedures for Notice and Comment are s~t forthin section 24.2 of this Declaration.

Section 1.21 -Notice and }Iearing. The right of a unitOWlrler to receive notice of an action proposed to be taken byor on behalf of the Association, and the rigllt to be heardthereon. The procedures for Notice and }Iearing are set forthin section 24.2 of this Declaration.

section 1.22 -Person. An individual, corpQration,business trust, estate, trust, partnership, association, jointventure, government, government subdivision or agency, orother legal or commercial entity.

section 1.23 -Plat. The plat filed with thisDec:laration as Schedule A-2, as it may be amended front time totiJ1:1e.

section 1.24 -Property. The land and all improvements,easements, rights, and appurtenances which have been submit~edto the provisions of the Act by this Declaration. '

Section 1.25 -Rules. Rules for the use of units andConlmon Elements and for the conduct of persons within theCommon Interest Community, adopted by the Executiv~ Boardpursuant to this Declaration.

section 1.26 -Security Interest. An interest in realest.ate or personal property, created by contract orcolliveyance, which secures payment or performance of anobligation. The term includes a lien created by a mortgage,deed of trust, trust deed, security deed, contract for deed,lall,d sales contract, lease intellded as security, assignmellt oflease or rents intended as security, pledge of an ownershipinterest in an Association, and allY other consellsual lien ortitle retention contract intended as security for anobligation.

section 1.27 -Special Declarant Rights. Rights reservedfor the benefit of a declarant to (i) complete il11prOvementsindicated on plats and plans filed with the Declaratiol1; (ii)exercise any Development right; (iii) maintain sales offices,management offices, Sigl1S advertising the Common IllterestCommunity, and models, including model homes and homesites;(iv) use easements through the Common Elemellts for the purpose

of making improvements within the Common Interest' Community orwithin real estate that may be added to the Common Interestcommunity; or (v) appoint or remove all officer of theAssociation or a master association or any Executive Boardmem:ber during any period of Declarant control.

section 1.29 -Trustee. The entity which may bedesignated by the Executive Board as the Trustee for therecleipt, administration, and disbursement of funds derivedfro]~ insured losses, condemnation awards, special assessmentsfor uninsured losses, and other like sources as defined in theBy1;:\ws. If no Trustee has been designated, the 1'rustee willbe 1the Executive Board from time to time constituted, actingby majority vote, as executed by the president and attested bythe secretary.

section 1.29 -unit. A physical portion of the CommonInterest Community designated for separate ownership or

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ARTICLE II.

Name and 1'ype of Common InterestCommunity and Association

ARTICLE

Description of Land

The entire Common Interest Community is situated in thQKabletown Magisterial District, Jefferson County, West ~Virginia.

A description of the real estate included inCloverdale Heights is contained in Schedule A-I.

ARTICLE IV.

Maximum Number of Units; Boundaries

Section 4.1 -Maximum Number of units. The CommonInt'erest Community upon creation contains fifty seven (57)Units.

As each subdivision is added it contains the number ofUnits shown in the most current Schedule A-2. 'l'he Declarantreslerves the right to create up to a total of one hundredforty (140) Units.

Section 4.2 -Boundaries. Boundaries of each Unitcreiated by the Declaration are shown on Schedule A-2 asnum1bered lots. The identifying number of each unit is shownon :Schedule A-2.

ARTICLE V.Common Elements and

Limited Common Elements

Section 5.1 -The portions of Common Elements on ScheduleA-3 are Limited Common Elements and are assigned to the unitsas ~;tated therein.

Section 5.2 -1'he real estate which is or must becomeCommon Elements is described in Schedule A-4.

AR'l'ICLE

Maintenance,

Repair and.Replacement

Section 6.1 -Common Elements. 'I'he Association shallmaintain, repair and replace all of the portions of theComrRon Elements which are required by this Declaration or theAct to be maintained, repaired or replaced by the UnitOwners.

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Section 6.3 -Limited Common Elements. Any commonexpense associated with tile maintenance, repair, orreplacement of the Limited Common Elements will be assessedagainst the Unit or UI1its to which the Limited Conlmon Elementis assigl1ed, as shown on Schedule A-3. If any such LimitedCommon Element is assigl1ed to more than one Unit, the CommonExpenses attributable to the Limited Common Element will beassessed equally among the Units to which it is assigned.

Section 6.4 -Access. Any person authorized by theExecutive Board shall have the right of access to all portionsof the Property for the purpose of correcting any conditionthreatening a Unit or the Common Elements, and for thepurpose of performing installations, alterations or repairs,and for the purpose of reading, repairing, replacing utilitymeters and related pipes, valves, meters, wires and equipment,provided that requests for entry are made in advance and thatany such entry at a time reasonably convenient to the affectedUnit Owner. In case of an emergency, no such request ornotice is required and such right of entry shall be immediate,and with such force as is apparently necessary to gain ,;Centrance, whether or not the Unit Owner is present at the,time.

Section 6.5 -Repairs Resulting from Negligence. Eachunit Owner will reimburse the Association for any damages tothe Common Elements caused intentionally, negligently, or byhis or her failure to properly maintain, repair, or makereplacements to his or her unit. The Association will beresponsible for damage to Units caused inteJ1tioJ1ally,negligently, or by its failure to maintain, repair, or makereplacements to the Common Elements. If such expense iscaused by misconduct, it will be assessed fo;I.lowiJ1g notice aJ1dhearing.

In cases where the Association has gained entranceto a unit in response to an emergency, the Association shallbe responsible only for securing the premises following theemergency, and shall not be respoJ1sible to the unit Owner forany damages caused to the Unit in gaining entrance to the Unitor in otherwise responding to the emergency. The unit OWJ1ershall be responsible for making all repairs to the Unit whichresult from the emergency and shall hold the Associationharmless from any damages resulting therefrom.

ARTICLE VII.

Subsequently Allocated Limited Common Elements

Those portions of the Common Elements shown on ScheduleA-5 may be subsequently allocated as Limited Common Elementsin accordance with Subsection 8.l(b) and Article XII of tllisDeclaration, or may be assigned by rule of the Executive:Board, or may be limited by rule to visitors only.

ARTICLE VIII.

Development Rights and Other Special Declarant Rights

Section 8.1 -Reservation of Development Rights.IDeclarant reserves the following Development RiglltS:

The

(a) The right by amendment to add real estate to theCommon Interest community. 'I'he real estate to whichthis development right applies is set forth inSchedule A-6.

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The right by amendment to create Units, CommonElements, or Limited Common Elements within tileCommon Interest Community.

The right by amendment to subdivide and combineunits or convert units into Common Elements.

The right by amendment to withdraw real estatefrom the Common Interest Community.

The real estate to which the Development Rightsspecified in Paragraphs (b) and (c) above isset forth in Schedule A-I. '1'he real estate towhich the Development Rights specified in Paragrapll(d) apply is shown on Sclledule A-8.

section 8.2 -Limitations on Development Rights. TheDevelopment Rights reserved in section 8.1 must be exercisedwithin 15 years after the recording of the initialDeclaration.

section 8.3 -Phasing of Development Rights. Any of theDevelopment Rights set forth in section 8~1 above may beexercised with respect to different parcels of real estatewithin the Common Interest Community at different times.Ilowever, no assurances are made by the Declarant as to the:'portions where the Declarant will exercise its DevelopmentRights or the order in which such portions, or all of thereal estate, will be developed. 'l'lle exercise of DevelopmentRights as to some portions will not obligate the Declarant toexercise them as to other portions of the real estate withinthe Common Interest Community.

section 8.4 -Special Declarant Rights. The Declarantreserves the following Special Declarant Rights, to themaximum extent permitted by law, which may be exercised, whereapplicable, anywhere within the Common Interest Community:

(a) To complete Improvements indicated on Plats andPlans filed with the Declaration;

(b) To exercise a Development Right reserved in theDeclaration;

(c) To maintain sales offices, management offices,signs advertising the Common Interest Community,and models;

(d) To use easements through the Common Elements forthe purpose of making Improvements within theCommon Interest Community or within real estatewhich may be added to the Common InterestCommunity. .

To appoint or remove an officer of the Associationor an Executive Board member during a period ofDeclaral1t control subject to the provisions ofsection 8.1 of this Declaration.

(e)

(f) The real estate to which the special declarantrights specified in sections (a) through (e)above is shown on Schedule A-I.

section 8.5 -Models, including model homes andhomesites, Sales Offices and Management Offices. As long asthe Declarant is a unit Owner, the Declarant and its dulyauthorized agents, representatives and employees may maintainany unit owned by the Declarant or any portion of the CommonElements as a model unit or sales office or management office.

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Section 8.6 -Declarant's Easement. Subject to theprovisions of this Declaration, a Declarant has an easementthrough the Common Elements as may be reasonably necessary forthe purpose of discharging the Declarant's obligations or

exercising Special Declarant Rights.

Section 8.7 -Unit Owners' Easement. unit Owners have aneaslement in the Common Elements for purposes of access toth~ir Units and to use the Common Elements and all real estatethat must become Common Elements for all other purposes.

Section 8.8 -Signs and Marketing. The Declarantres,erves the right to post signs and displays in the commonElements to promote sales of Units, and to conduct generalsales, administrative and maintenance activities in a manneras will not unreasonably disturb the rights of unit Owners.

Section 8.9 -Declarant's Personal Property. TheDeclarant reserves the right to retain all personal propertyand equipment used in the sales, management, construction andmaintenance of the premises that has not been represented asproperty of the Associatiol1. 'I'he Declarant reserves the riglltto remove from the property any and all goods and improvementsused in development, marketing and construction, whether ornot they have become fixtures.

Section 8.10 -Declarant Control of the Association.

(a) Subject to Subsection 8.9(b): There shall be aperiod of Declarant control of the Associatiol1,during which the Declarallt, or persons designatedby the Declarant, may appoint and remove theofficers and members of the Executive Board.The period of Declarant control terminates nolater than the earlier of:

sixty (60) days after conveyance of 75percent of the Uilits that may be createdto Unit Owners other than a Declarant;

two years after all Declarants have ceasedto offer units for sale in the ordinarycourse of business; or

(111) two years after any right to add new Unitswas last exercised.

The Declarant may voluntarily surrender the right toappoint and remove officers and members of theExecutive Board before termination of that period,but in that event the Declarant may require, forthe duration of the period of Declarant control,that specified actions of the Association orExecutive Board, as described in a recordedinstrument executed by the Declarant, be approvedby the Declarant before they become effective.

(b) Not later than 60 days after conveyance of 25percent of the Units that may be created to UnitOwners other than a Declarant, at least onemember and not less than 25 percent of themembers of the Executive Board shall be electedby Unit Owners other than the Declarant. Notlater than 60 days after conveyance of 50 per-cent of the units that may be created to UnitOwners other than a Declarant, not less than33-1/3 percent of the members of the ExecutiveBoard must be elected by unit Owners other thanthe Declarant.

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Not later than the termination of any period ofDeclarant control, the Unit Owners shall electan Executive Board of at least three members,at least a majority of whom shall be unit Owners.The Executive Board shall elect the officers.The Executive Board members and officers shalltake office upon election.

Notwithstanding any provision of this Declarationor the Bylaws to the contrary, following noticeunder section 3-108 of the Act, the unit Owners,by a two-thirds vote of all persons present andentitled to vote at a meeting of the unit Ownersat which a quorum is present, may remove a memberof the Executive Board with or without 'cause, otherthan a member appointed by the Declarant.

Section 8.11 -Limitations on Special Declarant Rights.Unless sooner terminated by an amendment to this Declarationexecuted by the Declarant, any Special Declarant Right may beexercised by the Declarant until the earlier of the following:so long as the Declarant (i) is obligated under any warrantyor obligation, (ii) holds a Development Right to createadditional units or Common Elements, (iii) owns any Unit; or(iv) owns any Security Interest in any units; or (v) forfifteen years after recording this Declaration, whichever isearliest. Earlier termination of certain rights may occur bistatute.

section 8.12 -Interference with Special DeclarantRights. Neither the Association nor any unit Owner may take

any action or adopt any rule that will interfere with ordiminish any Special Declarant Right without the prior writtenconsent of the Declarant.

section B.13 -Rigl1tS of Lenders to the Declarant.Additional limitations on the right of the Declarant toexercise Development Rights may be found in Section 16.5 ofthe Declaration.

ARTICLE IX.

Allocated

Interests

section 9.1 -Allocation of Interests. The table showingunit numbers and their Allocated Interests is attached asSchedule A-7. These interests have been allocated inaccordance with the formulas set out in this Article IX.These formulas are to be used in reallocating il1terests ifunits are added to the Common II1terest Commul1ity.

section 9.2 -Formulas for the Allocation of Interests.'J'he Interests allocated to each unit have been calculated onthe fo~lowing formulas:

(a) Liability for the Common Expenses. A percentage ofliability for Common Expenses allocated to each unitis based on the number of units listed on the mostcurrent Schedule A-2. Nothing contained in thisSubsection shall prohibit certain Common Expensesfrom being apportioned to particular units underArticle XII or Article VI of this Declaration.The total amount of Common Expenses shall bedivided by the number of units listed in themost current Schedule A-2 to arrive at a pro-portional share of Common Expenses to beallocated to each unit. Each unit shall beallocated one share of Common Expenses socalculated. As units are added to the

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Common Interest Community, the allocationof expenses sllall be adjusted to reflect tiletotal number of Units sl10wn on the currentSchedule A-2.

(b) Votes. Each Unit in the Common Interest Communityshall have one equal vote. Any specified percentage,portion or fraction of Unit Owners, unless other-wise stated in the documents, means the specifiedpercentage, portion, or fraction of all the votesas allocated according to the number of unitslisted in the most current Schedule A-2. As Unitsare added to the Common Interest Community, eacllunit shall continue to have one equal vote.

section 9.3 -Assignment of Allocated Interests UponCreation of units Pursuant to Exercise of Development Rights.The effective date for assigning Allocated Interests to unitscreated pursuant to section 8.1 of this Declaration shall bethe date on which the amendment creating tile units is recordedon the Land Records of Jefferson County, West Virginia.

ARTICLE X

Restrictions on use, Alienation and Occupancy

section 10.1 -Use and Occupancy Restrictiol1S. Sul:>jectto the Special Declaral1t Rights reserved under Article VIII,the following Use and Occupancy Restrictions apply to allunits and, where applicable, to the Common Elements:

(1) No lot shall be split, divided, or subdivided bysale, resale, gift, devise, transfer or otherwise.

(2) No house trailer or mobile home or any similar itemshall be stored in the open on any lot.

(3) No building of a temporary nature '0. nor trailer, normobile horne, nor tent, except a child's tent, shall be erectedor placed on the property, except that this shall not beconstrued to prohibit the placing of a trailer or any othertemporary structure upon tile premises as all illcidellce to theconstruction of dwelling houses UpOll said premises.

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(4) No temporary building, trailer, basement, tent,shack, garage, barn, outbuilding or other building erected illthe course of construction shall be used temporarily orpermanently as a residence on allY lot.

(5) No more than one dwelling may be erected on any Ollelot.

(6) Garages, carports or car shelters shall be attachedto and remain a part of the main dwelling structure.

(7) When any dwelling structure shall be constructed onany lot, the owner thereof shall cause that portion of suchlot owned by him and not improved by said dwelling structure;other building, appurtenance or driveway to be properlygraded, seeded and suitably planted with grass, trees, orshrubbery.

(8) Each owner shall keep all lots owned by him, and all.improvements therein or thereon, in good order and repair,including but not limited to the seeding, watering and mowingof all lawns, the pruning and cutting of all trees andshrubbery and the painting (or other appropriate externalcare) of all buildings and other improvements, all in a manner

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and with such frequency as is consistent with good propertymanagement.

(9) No manufacturing or commercial establishment of anykind shall be erected on said property and no building erectedthereon shall be used for commercial purposes, nor shall saidproperty in any way be used for other than strictlyresidential purposes, but nothing herein colltained shall beconstrued to prevent a bona fide lease of any dwellil1g houseerected upon said lot for residential purposes

(10) No signs, billboards, or advertising devices of anykind except those used in any subsequent sale of the property,shall be placed or otherwise installed on any lot or buildingwithin the subdivision, except that the Declarant may usesigns to promote the sale of improved or unimproved lotswithin the subdivision.

(11) Domesticated house pets shall be allowed within thesubdivision, provided such pets are contained within a fenced-in area, or secured by a leash, chain or rope. No animalsshall be allowed to roam freely within the subdivisioll. Nolivestock, including but not limited to, cattle, hogs, horses,ponies, chickens, goats, or fowl of any kil1d shall bepermitted on the premises.

(12) No lumber, metals, bulk materials, refuse or trashshall be kept, stored, or allowed to accumulate on any lot,except building materials during the course of construction ofany dwelling. All trash or other refuse must be kept orstored in covered metal or plastic containers. If trash orother refuse is to be disposed of by being picked up andcarried away on a regular and recurring basis, containers maybe placed in the open, on any day that a pick-up is to bemade, at such place on the lot so as to provide access topersons making such pick-up. At all other times suchcontainers shall be stored in such a manner tllat they cannotbe seen from adjacent and surrounding property. No noxious oroffensive activity shall be permitted on any lot, nor any tilingdone thereon which may become a nuisance to'the neighborhood.

(13) No open fires, otller than cooking grills, shall bepermitted on any part of the property. outdoor fireplaces, ifbuilt, and all chimneys shall be provided with fire screel1s.

(14) No outhouses shall be permitted on any part of theproperty. All toilet facilities shall be contained within tiledwelling house and be emptied in to an individual septic tankand drainage field sewage disposal system or a public sewagesystem. All toilet and waste facilities shall be built andmainta'ined in accordance with the requirements of tile WestVirginia state Department of Ilealth.

(15) No unregistered automobiles, trucks, motorcycles,motorbikes, or other vehicles, whether motorized or selfpropelled, shall be parked or placed anywhere within tilesubdivision: nor shall the same be driven or ridden upon anystreets, roadways, alleys or sidewalks within the subdivision,nor upon any lot, open area or trail within the subdivision.No on-street parking shall be permitted of any vehicles, norshall unlicensed or unused vehicles or commercial vehicles beparked or abandoned on any lot.

(16) No motorbikes, trail bikes, motor scooters or thelike, nor any snowmobile shall be driven or ridden anywllerewithin the subdivision. No unregistered motorized vehicleshall be operated anywhere within the subdivisiO11.

(17) No fence shall be perlliitted within the subdivisiOl1except fences constructed of board, stone, hedge, wooden

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picket, or split rail and provided said fences be placed alongthe back property line, along the side property lines topoints not to exceed the rear building line, and across tilelot from said points to the rear corners of the building(dwelling). Privacy fences may be erected around theperimeters of swimming pools and tennis courts. The design ofall private fencing must be approved by the Declarant, itssuccessors or assigns, or their authorized agent prior toconstruction.

(18) Extreme outside lines of dwellings includingattached garage, porch or carport shall not be less thai} forty(40) feet from the lot right of way frontage (front lot line)

nor less than twelve (12) feet from the side or rear lot line.

(19) Dwellings must be completed before being occupiedand all dwellings must be finished on the exterior so as notto detract from the value of other property OWl1ers. Dwell i11~shall not be left with exposed cinder blocks or any type oftemporary siding or sheathil1g. (In 110 instance shall anyexterior be left unfinished more than 180 days from beginl1il1gof construction.) If poured concrete walls are used theymust be painted the matching color of the exterior siding; ifbrick or stone is used as the dwelling face tIle brick orstone must extend to grade level. Any exposed mas,ollry must becovered with brick or stone to grade level.

-(20) outbuildings erected on each lot are to be limited

to those uses related to single-family dwellings and nostructure shall be of unfaced concrete block or unfinishedmaterials. Grantor or his agent shall review all suchstructures to determine that they shall not detract from theappearance of any home.

(21) No dwelling or other improvement shall be erecteduntil the plans and specifications, including exterior colordesign, have been submitted to and approved in writing by theDeclarant, its successors or assigns, or their authorizedagent. This limitation shall expire on December 31, 2000.Approval of plans and specifications shall not be'arbitrarilyor unreasonably withheld. Further, any buildillg colnmellced onsaid p'roperty shall be completed within Olle year of saidcommencemel1t date.

(22) Dwellings must have the following minimum areas ofl~!~~~_/ (Excluding space contained in basements,breezeways, carports, garages and porches.)

a)b)

Single story houses: 1,400 square 'feetSplit foyer houses: 1,400 square feet, 75% ofwhich must be on the first floor; unless agarage is attached to the house, in which case65% of wllich must be on the first floor(exclusive of the garage).Two-story and one and one-half story houses:1,800 square feet, one-half of which must beon the first floor.

c)

(23) Driveways to house sites on all lots shall beconstructed by the unit Owner at his cost with a culvert(metal drain) across the front of said driveway.Specifications for each culvert must be approved by theDeclarant, its successors and assigns, or their authorizedagent.

(24) Declarant reserves unto itself, its successorsand/or assigns, a perpetual utility and/or drainage easement10 feet in uniform width along the front, sides and rear ofeach lot for the purpose of constructing, installing,operating and maintaining underground utility lines, pipes and

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related facilities for the purpose of providing utilityservice within the common interest con\munity and for thepurpose of maintaining proper drainage throughout the CommonInterest Community, except that said easement shall be 20-feetin width along the sides of Lots 56 and 57 which front onJessie Lane.

(25) All public utility services shall be buried belowground on all subdivision lots.

(26) No television, radio, or other type antenna orsatellite dish shall be erected on any portion of a lot exceptbehind the rear line of a residence and not more than 25 feetfrom the rear building line of the residence.

(27) No private or public hunting shall be permittedanywhere within the developed or undeveloped lands of theCommon Interest Community.

(28) No lot shall have access to any road other thanthose of Cloverdale lIeights Development.

(29) No dwelling shall be constructed using a steelframe. If a dwelling is to be constructed using n\odularcomponents, then said dwelling must have a 4/12 roof pitch andthe exterior must have a total brick or stone face on all foursides to grade level. ,

"(30) No churches or houses of worship will be permitted

within the Cloverdale Ileights Development.

(31) The Unit Owner, for himself and his heirs,SUccessors or assigns, acknowledge that the property conveyedto him by deed and being a parcel of the subdivision shall besubject to an annual charge or assessment in such amount asprovided by the Documents.

(~2) Declarant reserves unto itself, its successorsand/or assigns those certain storm drainage easements as areshown on the final plat showing "section 1, Lots 1-57,Cloverdale Ileights" made by Appalachian Surveys, and datedMay 1988, and recorded in the Office of the Clerk of TileCounty commission,»-efferson County West Virginia in PlatBook ~ Page I~ , -tllJi: the purpose of maintaining drainageof storm water throughout the Conlmon Interest Comm~nity.

(33) Declarant r~serves unto itself, its successorsand/or assigns a perpetual sign and utility easement over andupon lots 1 and 9 as shown on the final plat showing "section1, Lots 1-57, Cloverdale Ileights" made by Appalachian SurveysInc.,

dated May, 1988, and recordedJp.~t-he aforesaid clerksoffice in plat book ~ at page/~, 11rr the purpose oferecting,

constructing and maintaining entrance signs, gatesand lights.

Section 10.2 -Restrictions on Alienation.not be conveyed pursuant to a time-sharing plan. A Unit may

A Unit may not be leased or rented for a term of lessthan 30 days. All leases and rental agreements shall be illwriting and subject to the requirements of the Documents andthe Association.

All leases of a Unit shall be deemed to include aprovision that the tenallt will recogllize and attorn to theAssociation as landlord, solely for tIle purpose of having thepower to enforce a violation of the provisions of theDocuments against the tenant, provided the Association givesthe landlord notice of its intent to so enforce, and areasonable opportullity to cure the violation directly, prior

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to the commencement of an enforcement action.

section 10.3 -Declarant's Rights. Notwithstanding theforegoing, as long as the Declarant is a unit Owller, theDeclaral1t and its duly authorized agel1ts, representatives al1demployees may maintain al1Y unit owned by the Declaral1t or anyportion of the Common Elemel1ts as a model unit or salesoffice. The Declarallt may also mail1tail1 managemel1t officesand signs and displays advertising the Common InterestCommunity.

AR'fICLE XI.

Easements and Rights of Way

Section 11.1 -Existing Easements and Rights of Way. Alleasements or rights of way to which the Common InterestCommunity is presently subject are shown on Schedule 1\-2, orare set forth in sections 8.6, 8.7, 10.1, 11.2 and 11.3 ofthis Declaration. In addition, the Commolt Interest Commulli tymay be subject to other easements or rigllts of way grallted bythe Declarant pursuant to its powers under AL-ticle VIII ofthis Declaration.

section 11.2 -Access Right of Way. Declarant reservesunto itself, its successors and/or assigns and invitees aperpetual and non-exclusive easement or right of way for'ingress, egress and access of all kinds over and across all"ofthe Common Elemellts and Limited Comlnol} Elements of the CommonInterest Commullity to and from all points withil} tile CommonInterest Community for all purposes.

section 11.3 -utility Easement. Declarant reserves untoitself, its successors and/or assigns a perpetual easemel1t orright of way over all of the Common Elements alld LimitedCommon Elements within the Common Interest Community for thepurpose of constructing, operating and maintailling undergroundutility lines, pipes, wires, ducts, conduits and other relatedfacilities for the purpose of furnishing utility servicewithin the Common Interest community.

ARTICLE XII.

Allocation and Reallocation of Limited Common Elemel1ts

Common Elements are allocated equally among all units. ACommon Element not previously allocated as a Limited CommonElement may be so allocated only pursuant to the provisions ofthis Article XII. 1\11 allocations will be made by ame11dmentsto the Declaration specifyi11g to which unit or units theLimited Common Element is allocated.

All amendments shall specify to which unit or UI1its theLimited Common Element is allocated.

Such amendment shall require the approval of all.holders~of Security Interests in the affected units, which approval.shall be endorsed thereon. The person executing the amendmentshall provide an executed copy thereof to the Associationwhich, if the amendment complies with the provisions of thisDeclaration and the Act, shall record it. The amendment shallcontain words of conveyance and must be recorded and indexedin the names of the parties and the Common Interest community.

The parties executing the amendment shall be responsiblefor the preparation of the amendment and shall reimburse tileAssociation for its reasonable attorneys' fees in connectiol1with the review of the amel1dment and for the recording costs.

13

ARTICLE XIII

Relocation of Boundaries Between Adjoining Units

section 13.1 -Application and Amendment. Subject toother provisions of law, including land use and healthregulations, the boundaries between adjoining units may berelocated by an amendment to the Declaration upon applicationto the Association by the OWl1ers of the Units affected by therelocation.

If the owners of the adjoining Units havespecified a reallocation between their units of tlleirAllocated Interests, t.he application shall state the proposedreallocations. Unless the Executive Board determines, within \'

30 days after receipt of the applicatioll, that thereallocations are unreasonable, tIle Association shall collsent,

to the reallocation and prepare an amendment that identifiesthe Units involved, states the reallocations and indicates tileAssociation's consent. The amendmellt must be executed bythose Unit Owners affected and contain words of conveyance'between them, and the approval of all holders of SecurityInterests in the affected units sl1all be elldorsed thereon. On recordation, the amendment shall be indexed in the name of the

grantor and the gral1tee, and in the gralltee I s index ill the

name of the Association.

section 13.2 -Recording Amendments. 'I'he Association~;;shall prepare and record Plats or Plans necessary to show thealtered boundaries between adjoining Units, and the Units'dimensions and identifying numbers.

The applicants will pay for the costs of preparation ofthe amendment and its recording, and the reasonable consultantfees of the Association if the Executive Board deems itnecessary to employ a consultant.

AR'rICLE XIV.

Amendments to Declaration

section 14.1 -General. Except in cases of amendments ,/\that may be executed by the Declarant in the exercise of itsDevelopment Rights or by the Association under Article XII ofthis Declaration and § 1-107 of the Act, or by certain U~~Owners under Article XII and section 13.1 of this Declarationand § 2-117 of the Act, and except as limited by Section14.4 and Article XVII of this Declaration, this Declal-ation,including the Plat and Plans, may be amended oilly by vote oragreement of unit Owners of units to which at least sixty-seven percent (67%) of the votes ill the Associatioll areallocated.

The procedure for amendment must follOw theprocedures of § 2-117 of the Act.

..

\

section 14.2 -L:imi tation of Challenges. An action tochallenge the validity of an amendment adopted by theAssociation pursuant to this Article may not be brought morethan one year after the amendment is recorded.

section 14.3 -Recordation of Amendments. Each amendmentto the Declaration must be recorded in each record'lng districtin which a portion of the Common Interest Community is locatedand the amendment is effective only upon recording. Anamendment, except an amendment pursuant to Article XIII ofthis Declaration, must be indexed in the grantee's index inthe name of the Common Interest community and the Associationand in the grantor's index in the name of the partiesexecuting the amendment.

Section 14.4 -When Unanimous Consent Required.to the extent expressly permitted or required by other

Except

14

provisions of the Act, an amendment may not create or increaseSpecial Declarant Rights, increase the number of Units, changethe boundaries of a Unit, the Allocated Interests of a U11it,or the uses to which a unit is restricted, in the absence ofunanimous consent of the unit Owners.

Section 14.5 -Execution of Amendments. An amendment tothe Declaration req\Jired by the Act to be recorded by theAssociation, which has been adopted in accordance with thisDeclaration and the Act, must be prepared, executed, recordedand certified on behalf of the Association by an officer ofthe Association designated for that purpose or, in the absenceof designation, by the president of the Association.

section 14.6 -Special Declarant Rights. provisions inthis Declaration creating Special Declarant Rights may not beamended without the consent of the Declarant.

section 14.7 -Consent of Iioiders of Security Interests.Amendments are subject to the consent requirements of ArticleXVI.

section 14.8 -Amendments to Create units. To exerciseany Development Right reserved under section 8.1 of thisDeclaration, the Declarant shall prepare, execute and recordan amendment to the Declaration. TIle Declarant shall alsorecord either new Plats and Plans necessary to conform to tilerequirements of Subsections (a), (b) and (d) of section 2-109of the Act or new certifications of Schedule A-2 previouslyrecorded if the Schedule otherwise conforms to therequirements of those Subsections.

The amendment to the Declaration shall assign anidentifying number to each new unit created and reallocate theAllocated Interests among all units. The amendment shalldescribe any Common Elements and any Limited Common Elementscreated thereby and designate the unit to which each LimitedCommon Element is allocated to the extent required bySubsection 2-108(a) of the Act.

ARTICLE XV.

Termination

Termination of the Commoll Illterest Commuili ty may beaccomplished only in accordance with § 2-118 of tile Act.

ARTICLE XVI.

Mortgagee Protection

section 16.1 -Introduction. This Article establishescertain standards and covenants which are for the benefit ofthe holders, insurers and guarantors of certain SecurityInterests. This Article is supplemental to, and not insubstitution for, any other provisions of the Documents, butin the case of conflict, this Article shall contr,pl.

section 16.2 -Percentage of Eligible Mortgagees.Wherever in this Declaration tile approval or consent of aspecified percentage of Eligible Mortgagees is required, itshall mean the approval or consent of Eligible Mortgageesholding Security Interests in units which in the aggregatehave allocated to them such specified percentage of votes inthe Association when compared to the total allocated to allunits then subject to Security Interests held by EligibleMortgagees;.

section 16.3 -Notice of Actions. The Association shallgive prompt written notice to each Eligible Mortgagee and

15

Eligible Insurer of

Any condemnation loss or any casualty loss Wllicllaffects a material portion of the Common InterestCommunity or allY Unit in which there is a firstSecurity Illterest held, insured, or guarallteedby such Eligible Mortgagee or Eligible Illsurer,as applicable;

Any delinquency in the payment of Cohthto,n Expenseassessments owed by a unit Owner whose Unit issubject to a first Security Interest held,insured, or guaranteed, by such EligibleMortgagee or Eligible Insurer, as applicable,which remains uncured for a period of sixty(60) days;

(c) Any lapse, cancellation, or material modificationof any insurance policy or fidelity bondmaintained by the Association;

Any proposed action which would require theconsent of a specified percentage of EligibleMortgagees as specified in section 16.4 ofthe Declaration; and

Any judgment rendered against the Association.

section 16.4 -Consent Required

Document Changes. Notwithstanding any lowerrequirement permitted by this Declaration or theAct, no amendment of any material provision ofthe Documents by the Association or unit Ownersdescribed in tl1is Subsection 16.4 (a) may beeffective without the vote of at leastsixty-seven percent (67%) of the unit Owners(or any greater unit Owner vote required inthis Declaration or the Act) and untilapproved in writing by at .least fifty-onepercent (51%) of the Eligible Mortgagees(or any greater Eligible Mortgagee approvalrequired by this Declaration). 'l'heforegoing approval requirements do not applyto amendments effected by the exercise ofany Development Right. Material includes, butis not limited to, any provision affecting:

i)

Assessments, assessment liens orsubordination of assessment liens;

(ii) Voting rights;

(iii Reserves for maintenance, repair andreplacement of Common Elements;

iv) Responsibility for maintenance andrepairs;

(v) Reallocation of interests in the CommonElements or Limited Common Elementsexcept that when Limited Common Elementsare reallocated by agreement betweenunit Owners, only those unit Owners andonly the Eligible Mortgagees holdingSecurity Interests in such units mustapprove such action;

(vi Rights to use Common Elements and LimitedCommon Elements;

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(vii) Definitions of boundaries of Unj.ts exceptthat when boundaries of only adjoiningUnits are involved, or a Unit is beingsubdivided, then only those unit Ownersand the Eligible Mortgagees holdingSecurity Interests in such Unit or,. Unitsmust approve SUCll action;

(viii) Convertibility of units into Common Elementsor Common Elen\ents into Units;

Expansion or contraction of the Con\monInterest Community, or the addition,annexation or withdrawal of property to orfrom the Common Interest Community;

Insurance or fidelity bonds;

Leasing of units;

(xii Imposition of restrictions on a unit Owner'sright to sell or transfer his or her unit;

(xiii Restoration or repair of the project aftera hazard damage or partial condemnation ina manner other than that specified in theDocuments;

(xiv) Termination of the Common Interest communityafter occurrence of substantial destructionor condemnation; and

The benefits of mortgage holders,or guarantors.

insurers

(b) Actions. Notwithstandil1g any lower requirementpermitted by this Declaration or the Act, tileAssociatiol1 may not take any of tile followingactions other thal1 rights reserved'to theDeclarant as Special Declarallt Rights, withoutthe approval of at least 51% of the Eli9ibleMortgagees:

Conveyor encumber the Common Elen1ents orany portion tllereof, as to which an 80%Eligible Mortgagee approval is required.('rhe granting of easements for publicutilities or for other public purposesconsistent with tile intended use of tileCommon Elements by the Common InterestCommunity will not be deemed a transferwithin the meaning of this clause);

The establishment of self-management whenprofessional management had been requiredpreviously by any Eligible Mortgagee;

iii) The restoration or repair of the Property(after a hazard damage or partialcondemnation) in a manner other than thatspecif ied ill the Documents;

( iv) The termination of the Common InterestCommunity for reasons other thansubstantial destruction or conden\nation,as to which a sixty-seven percent (67%)Eligible Mortgagee approval is required:

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The merger of this Common Interest Communitywith any other common interest community;

The granting of any easements, le\~ses,licenses or concessions through or over theCommon Elements (excluding, however, anyutility easements serving or to serve theCommon Interest Community and excluding anyleases, licenses or concessions for no morethan one year);

(vii) 1'he assignment of the future income of tl1eAssociation, including its rigllt to receiveCommon Expense assessments; and

(viii)

Any action taken not to repair or replace theProperty.

(c) The Association may not change the period forcollection of regularly budgeted Common Expenseassessments to less frequently than annuallywithout the consent of all Eligible Mortgagees.

(d) The failure of an Eligible Mortgagee to respondwithin thirty (30) days to any written request ofthe Association for approval of an addition oramendment to tile Documellts shall collsti tute al1 ~~implied approval of the addition or anlel1dment.

Section 16.5 -Development Rights. No Development I~iglltsmay be exercised or vo1uI1tarily abal1doned or termil1ated by tileDeclarant unless all persons holding Security II1terests in tileDevelopment Rights col1sent to the exercise, abandonment, ortermination.

Section 16.6 -Inspection of Books. '!'Ile Associationshall permit any Eligible Mortgagee or Eligible Insurer toinspect the books and records of the Association during normalbusiness hours.

section 16.7 -Financial Statemellts. The Associatiollshall provide any Eligible Mortgagee or Eligible 111surer wl1icl1submits a written request with a copy of an anllual financialstatement within ninety (90) days following tile el1d of eachfiscal year of the Association. Such finallcial statementshall be audited by all independellt certified public accoul1talltif:

(a) the Common Interest Community contains fifty ormore Units, in which case the cost of the auditshall be a Common Expense; or

(b) any Eligible Mortgagee or Eligible Insurer r~questsit, in which case the Eligible Mortgagee orEligible Insurer shall bear the cost of the audit.

section 16.8 -Enforcement. 'I'he provisions of thisArticle are for the benefit of Eligible Mortgagees andEligible Insurers and their successors, and may be enforced byany of them by any available means, at law, or in equity.

Section 16.9 -Attendance at Meetings. Any,.representative of an Eligible Mortgagee or Eligible Insurermay attend and address any meeting which a unit Owner mayattend.

Section 16.10 -Appointment of Trustee. In the event ofdamage or destruction under Article XXI or condemnation of allor a portion of the Common Interest community, any EligibleMortga.gee may require that such proceeds be payable to a

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Trustee established pursuant to section 1.28 of thisDeclaration. Such 'frustee may be required to be a corporatetrustee licensed by the state of West Virginia. Proceeds willthereafter be distributed pursuant to Article XXI or pursuantto a condemnation award. Unless otherwise required, themembers of the Executive Board acting by majority vote throughthe president may act as l'rustee.

ARTICLE XVII

Assessment and Collection of Common Expenses

section 17.1 -Apportionment of Common Expenses. Exceptas provided in section 17.2, all Common Expenses shall beassessed against all Units in accordance with their percentageinterest in the Common Expenses as shown on Schedule A-2 tothis Declaration.

Section 17.2 -Common Expenses Attributable to Fewer thanall units.

Any Common Expense associated with the maintenance,repair or replacement of a Limited Common Elementshall be assessed against tile Unit or units to whichthe Limited Common Element is assigned. If any suchLimited Common Element is assigned to more than oneUnit, the Common Expenses attributable to theLimited Common Element shall be assessed equallyamong the units to which it is assigned.

Any Common Expense for services provided by tileAssociation to an individual unit at the requestof the unit Owner shall be assessed against theUnit which benefits from such service.

Any insurance premium increase attributable to aparticular unit by virtue of activ,ities in orconstruction of the unit shall be assessed againstthat unit.

An assessment to pay a judgment against theAssociation may be made only against tile unitsin the Common Interest Community at the time tilejudgment was entered, in proportion to theirCommon Expense liabilities.

If a Common Expense is caused by the misconductof a unit owner, the Association may assess tllatexpense exclusively against that Unit Owner'sUnit.

(f) Fees, charges, late charges, fines, collectioncosts, and interest charged against a unitOwner pursuant to the Documents and the Act areenforceable as Common Expense assessments.

section 17.4 -Lien.

The Association has a lien on a unit for anassessment levied against the Unit or finesimposed against its unit Owner from the time theassessment or fine becomes due. Fees, charges,late charges, fines and interest charged pursuantto the Act and the Documents are enforceable asassessments under this section. If an assessmentis payable in installments, the full amount of theassessment is a lien from the time the firstinstallment thereof becomes due.

19

A lien under this Section is prior to all otherliens and encumbrances on a unit except: (1) alien and encumbrances recorded before tilerecordation of the Declaration; (2) a firstSecurity Interest on the Unit recorded beforethe date on which tile assessment sought to beenforced became delinquent; and (3) liens forreal estate taxes and other governmentalassessments or cllarges against the unit. Alien under this'Section is also prior .to al:J.Security Interests described in Subdivision (2)of this Subsection to the extent of tile CommonExpense assessments based on the periodic budgetadopted by the Association pursuant to section17.5 of this Article which would Ilave become duein the absence of acceleration during tile sixmonths immediately preceding institution of anaction to enforce either the Association's lienor a Security Interest described in Subdivision(2) of this Subsection. 'I'his Subsection does notaffect the priority of mechanics' or materialmen'sliens, or the priority of a lien for otherassessments made by the Association. A lienunder this section is not subject to tIle provisionsof WV Code section 38-9-3.

Recording of the Declaration constitutes recordnotice alld perfection of the lien. Furtherrecording of a claim of liell for assessmel1t ul1derthis Sectioll is 11ot required.

A lien for an unpaid assessment is extinguishedunless proceedings to enforce the lien areinstituted within three years after the fullamount of the assessment becomes due: provided,that if an Owner of a unit subject to a lien underthis section files a petition for relief under theunited states Bankruptcy Code, the period of timefor instituting proceedings to enforce theAssociation's lien shall be tolled ulltil thirtydays after the automatic stay of proceediJlgsunder section 362 of the Bankruptcy Codeis lifted.

(e) This Section does not prohibit an action torecover sums for which Subsectj.on (a) of thissection creates a lien or prohibit theAssociation from taking a deed in lieu offoreclosure.

f)

A judgment or decree in any action broughtunder this section shall include costs andreasonable attorney's fees for the prevailingparty.

(9) A judgment or decree in an action broughtunder this Section is enforceable byexecution under WV Code Sec. 38-4-1, ~ seg.

(h) The Association's liell must be foreclosedas a mortgage or deed of trust on real estateis foreclosed, or as a lien is foreclosedunder WV Code Sec. 38-5-1, gt §gg.

,

(i) In any action by the Association to collectassessments or to foreclose a lien for unpaidassessments, the court may appoint a receiverof the Ullit OWller to collect all sums allegedto be due from that Ullit OWI1er prior to or durillg

20

the pendency of the action. The court may orderthe receiver to pay any sums held by the receiverto the Association during the pendency of theaction to the extent of the Association's CommonExpense assessments based on a periodic budgetadopted by the Association pursuant to Section17.5 of this Declaration.

If a holder of a first or second SecurityInterest in a unit forecloses that SecurityInterest, the purchaser at the foreclosure saleis not liable for any unpaid assessments againstthat unit which became due before the sale, otherthan the assessments which are prior to thatSecurity Interest under Subsection 17.4 (b) ofthis Declaration. Any unpaid assessments notsatisfied from the proceeds of sale becomeCommon Expenses collectible from all the unitOwners,

including the purchaser.

(k) In the case of forclosure under WV Code Sec.38-5-1, ~ ggg., the Association shall givereasonable notice of its action to each lienholder of a Unit whose interest would be affected.

Any payments received by the Association in thedischarge of a unit Owner's obligation may beapplied to the oldest balance due.

Section 17.5 -Budget Adoption and Ratification. within30 days after adoption of a proposed budget for the CommonInter'est Community, the Executive Board shall provide asummary of the budget to each unit Owner, and shall set a datefor a meeting of the unit Owners to consider ratification ofthe budget not less than 14 nor nlore than 30 days aftermailing of the summary. Unless at that meeting a majority ofall Unit Owners reject the budget, the budget is ratifie,d,whether or not a quorum is present. If the proposed budget isrejecte'd, the periodic budget last ratified by tile unitOwners continues until the Ullit Owners ratify a budgetpropc'sed by the Executive Board.

Section 17.6 -Ratification of Non-budget~d CommonExpense Assessments. If the Executive Board votes to levy aCommon Expense assessment not included in the current budget,other than one enumerated in section 17.2 of this Declaration,in an amount greater than fifteen (15%) percent of the currentannual operating budget, the Executive Board shall submit SUcilCommon Expense to the unit Owners for ratification in the samemanner as a budget under section 17.5.

Section 17.7 -certificate of Payment of Common ExpenseAssessments. The Association upon written request shall

furnish to a Unit Owner a statement in recordable form settingout the amount of unpaid assessments against the Unit. Thestatement must be furnished within [10] days after receipt ofthe request and is binding on the Association, the ExecutiveBoard and each unit Owner.

section 17.8 -Acceleration of Common ExpenseAssef;sments. In the event of default for a period of ten

days by any unit Owner in the payment of any Common Expenseassef;sment levied against his or her Unit, the ExecutiveBoard shall have the right, after Notice and Ilearing, todeclare all unpaid assessments for the pertinent fiscal yearto bE! immediately due and payable.

(10)

section 17.9 -Commencement of Common ExpenseAsse~;sments. Common Expense assessments shall begin on tilefirs1: day of the month in which conveyance of the first UI1it

21

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to a lJnit Owner other than the Declarant occurs. Commonexpense assessments shall be due not less frequently thanannually and according to such rules as may be adopted by theAssociation.

A full years assessment may be required to bepaid at closing by a Unit Owner purchasing a unit from theDeclarant.

section 11.10 -No Waiver of Liability for CommonExpenses. No unit Owner may exempt himself or herself from

liability for payment of the Common Expenses by waiver of theuse or enjoyment of the Common Elements or by abandonment ofthe Unit against which the assessments are made.

section 17.11 -Personal Liability of unit Owners. 'l'heunit Owner of a Unit at the time a Common Expense assessmentor poJ:"tion thereof is due and payable is personally liable forthe assessment. Personal liability for the assessment shallnot pass to a successor in title to the Unit unless lIe or sheagrees to assume the obligation.

AR'rICLE XVIII.

Right to Assign Future Income

The Association may assign its future income, includingits right to receive Common Expense assessments, only by theaffirmative vote of unit Owners of units to which at least //

fifty-one (51%) percent of the votes in the Association areallocated, at a meeting called for that purpose, and theEligible Mortgagee consent described in Article XVI.

AR1'ICLE XIX.

Persons and units subj eat to Documel1ts

section 19.1 -Compliance with Documents. All unitOwners, tenants, mortgagees and occupants of units sllallcomply with the Documents. 'l'he acceptance of a deed or tileexercise of any incident of ownership or the' entering into ofa lease or the entering into occupancy of a Uilit constitutesagreemellt that the provisions of tile Documents are acceptedand ratified by such unit Owner, tenant, mortgagee oroccupant, and all such provisions recorded on the Land Recordsof Jefferson County, West Virginia, are covenants running withthe land and shall bind any Persons having at any time anyinterest or estate in such unit.

section 19.2 -Adoption of the Rules. The Exec'uti veBoard may adopt Rules regarding the use and occupancy of unitsaffecting the Common Elements and Limited Common Elements andthe activities of occupallts, subject to Notice al1d Comment.

ARTICLE Xx.

Insurance

section 20.1 -Coverage. To the extent reasonablyavailable, the Executive Board shall obtain and maintaininsurance coverage as set forth in this Article. If suchinsurance is not reasonably available, and the Executive Doarddetermines that any insurance described herein will not bemaintained, the Executive Board shall cause notice of thatfact to be hand-delivered or sent prepaid by united statesmail to all unit Owners and Eligible Mortgagees at theirrespec~tive last known addresses.

section 20.2 -Property Insurance.

Property insurance covering:(a)

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All Common Elements and property reserved tobecome Common Elements, but excluding land,excavations, foundations, and other itenlsnormally excluded from property policies; and

All personal property owned by the Association

(b)

Amounts.

The Common Elements and reserved CommonElements equal to one hundred percent (100\) of'their actu.al cash value at the time the insuranceis purchased and at each renewal date. Personalproperty owned by the Association for an amountequal to its actual cash value.

The Executive Board is authorized to obtainappraisals periodically for the purpose ofestablishing said replacement cost of the projectfacilities and the actual cash value of the personalproperty, and the cost of such appraisals shall bea Common Expense.

The maximum deductible for insurance policiesshall be $10,000.00 or one percent (1%) of thepolicy face amount. 'I'he policy deductible shall bepaid by the Association as a Common Expense.

(c) Risks Insured Against. 'I'he insurance sl1all affordprotection against "all risks" of direct physicalloss commonly insured against.

(d) other provisions. Insurance policies required bythis Section shall provide that:

Each unit owner is an insured person under thepolicy with respect to liability arisingout of his interest in the Common Elements ormembership in Association.

(ii) The insurer waives the right to subrogationunder the policy against a unit Owner ormember of the household of a Unit Owner;

iii) An act or omission by a unit Owner, unlessacting within the scope of the unit Owner'sauthority on behalf of the Association, willnot void the policy or be a condition torecovery under the policy.

iv) If, at the time of a loss under the policy,there is other insurance in the name ofa unit Owner covering the same riskcovered by the policy, the policy of theAssociation provides primary insurance.

(v) Loss must be adjusted with the Association.

(vi) Insurance proceeds shall be paid to anyinsurance trustee designated in the policyfor that purpose, and in the absence of suchdesignation to the Association, in eithercase to be held in trust for each unit Ownerand such unit Owner's mortgagee.

(vii) The insurer may not cancel or refuse to renewthe policy until thirty (30) 'days afternotice of the proposed cancellation ornon-renewal has been mailed to the.. Assoqiation,each unit Owner and each holder of a Security

23

Interest to whom a certificate or memorandum ofinsurance has been issued, at their respectivelast known addresses.

(viii) '!'he name of the insured shall be substantiallyas follows:

"Cloverdale lleights Homeowners Association forthe use al1d benefit of the il1dividual OWI1ers."

section 20.3 -Liability Insurance. Liability insurance,including medical payments insurance, in an amount determinedby the Executive Board covering all occurrences commonlyinsured against for death, bodily injury and property damageal.-ising out of or in connection with the use, ownership ormaintenance of the Common Elements, and the activities of theAssociation.

(a) other Provisions. Insurance policies 'carriedpursuant to this section shall provide tllat:

i Each Unit Owner is an insured person under tilepolicy with respect to liability arising outof the unit Owner's interest in the CommonElements or membership in the Association.

The insurer waives the right to subrogation.,:under the policy against a unit Owner ormember of the household of a unit Owner;

(iii) An act or omission by a unit Owner, unlessacting within the scope of tile unitOwner's autllority 011 behalf of the Ass~ciation,will not void the policy or be a conditionto recovery under the policy.

If, at the time of a loss under the policy,there is other insurance in the name of aunit Owner covering the same .risk coveredby the policy, the policy of ' the Association

provides primary insurance...

The insurer issuing the policy may not cancelor refuse to renew it until thirty (30) daysafter notice of the proposed cal1cellation ornon-renewal has been mailed to the J\ssociatioll,each UI1it Owner and each holder of a SecurityInterest to whom a certificate or memoral1dumof insurance has been issued at tlleir lastknown addresses.

section 20.4 -unit Owner Policies. An insurance policyiss:ued to the Association does not prevent a unit Owner fromobt.aining insurance for )lis or her own benefit.

section 20.5 -other Insurance. The Association maycarry other insurance which the Executive Board considersappropriate to protect the Association or the unit Owners,including but not limited to Workers' Compensation insural1ceand directors' and officers' liability insurance.

section 20.6 -Premiums.Common Expense.

Insurance premiums shall be a

ARTICLE XXI.

Damage To Or Destruction of Property

section 21.1 -Duty to Restore. A portion of the CommonIntlerest community for which insurance is required under

24

(a) The Cornman Interest Community is terminated;

Repair or replacement would be illegal under astate statute or municipal ordinance governinghealth or safety; or

Eighty percent (80%) of the Unit Owners, includingeach owner of a Unit or assigned Limited CommonElement that will not be rebuilt, vote not torebuild.

S:ection 21.2 -Cost. The cost of repair or replacementin exc:ess of insurance proceeds and reserves is a CommonExpens:e.

S:ection 21.3 -Plans. The Property must be repaired andrestored in accordance with either the original plans andspeci1:ications or other plans and specifications which havebeen approved by the Executive Board, a majority of UnitOwner~; and fifty-one percent (51%) of Eligible Mortgagees.

~

~;ection 21.4 -Replacement of Less Than Entire Property.If the entire Common Interest Community is not replaced orrepai]:ed:

The insurance proceeds attributable to the damagedCommon Elements shall be used to restore thedamaged area to a condition compatible with theremainder of the Common Interest Community;

Except as to the extent that other persons willbe distributees, (i) the insurance proceedsattributable to units or limited Common Elementsthat are not rebuilt must be distributed to theowners of those units and the owners of the units towhich those Limited Common Elements were allocated,or to the lien holders, as their interests mayappear, and (ii) the remainder of the proceeds mustbe distributed to each Unit Owner of lien holder, astheir interests may appear, in proportioll to theCommon Element interests of all the units;

Section 21.5 -Insurance Proceeds. The Trustee, or ifthere is no Trustee, then the Executive Board of theAssociation, acting by the President, shall hold any insuranceproceeds in trust for the Association, unit Owners and lienholders as their interests may appear. Subject to theprovisions of Subsection 21.1 (a) through Subsection 21.1 (c)of this Declaration, the proceeds shall be disburse(:l first forthe repair or restoration of the damaged Property, and theAssociation, unit Owners and lien holders are not entitled toreceive payment of any portion of the proceeds unless there isa surplus of proceeds after the property has been completelyrepaired or restored, or the Common Interest Community isterminated.

Section 21.6 -certificates by the Executive Board. TheTrust,ee, if any, may rely on the following certifications inwriting made by the Executive Board:

(a) Whether or not damaged or destroyed Property is tobe repaired or restored; .

25

(b) The amount or amounts to be paid for repairs orrestoration and the names and addresses of theparties to whom such amounts are to be paid.

Section 21.7 -Certificates by Attorneys or TitleInsu]::-ance Companies. If payments are to be made to UnitOwne]::-s or mortgagees, the Executive Board, and the Trustee, ifany, shall obtain and may rely on a title insurance company oratto]::-ney's title certificate of title or a title insurancepoli(~y based on a search of the Land Records of JeffersonCoun1:y, West Virginia, from the date of the recording of theorigjlnal Declaration stating the names of the Unit Owners andthe I1l10rtgagees.

l\RTICLE XXII.

Rights to Notice and Comment;Notice And Hearing

Section 22.1 -Right to Notice and Comment. Before theExecutive Board amends the Bylaws or the Rules, whenever theDoculillents require that an action be taken after "Notice andComment", and at any other time the Executive BoarddeteJ:-mines, the Unit Owners have the right to receive noticeof the proposed action and the right to comment orally or inwritjLng.

Notice of the proposed action shall be given to eachUnit Owner in writing and shall be delivered personally or bymail to all Unit Owners at such address as appears ,in therecords of the Association, or published in a newsletter orsimiJLar publication which is routinely circulated to all UnitOwneJ:-s. The notice shall be given not less than five (5) daysbefoJ:-e the proposed action is to be taken. It shall invitecomment to the Executive Board orally or in writing beforethe ~;cheduled time of the meeting. The right to Notice andComment does not entitle a Unit Owner to be heard at aformc'lly constituted meeting.

Section 22.2 -Right to Notice and Hearing. Whenever theDocuments require that an action be taken after "Notice andIlearjLng", the following procedure shall be observed: '!'hepart),

proposing to take the action (e.g., the Executive Board,a col1l\mittee, an officer, the Manager, etc.) shall give writtennoti(~e of the proposed action to all unit Owners or occupantsof Units whose interest would be significantly affected by theproposed action. The notice shall include a general statementof the proposed action and the date, time and place of thehearjLng.

At the hearing, the affected person shall have therigh1:, personally or by a representative, to give testimonyoralJLy, in writing or both (as specified in the notice),subjE~ct to reasonable rules of procedure established by thepart)f conducting the meeting to assure a prompt and orderlyresoJLution of the issues. Such evidence shall be consideredin making the decision but shall not bind the decision makers.The affected person shall be notified of the decision in thesame manner in which notice of the meeting was given.

,Section 22.3 -Appeals. Any Person having a right to

Noti(~e and Hearing shall have the right to appeal to theExecutive Board from a decision of persons other than theExecutive Board by filing a written notice of appeal witll theExecutive Board within ten (10) days after being notified ofthe decision. The Executive Board shall conduct a hearingwith:ln thirty (30) days, giving the same notice and observingthe !~ame procedures as were required for the original meeting.

26

Executive Board

section 23.1 -Minutes of Executive Board Meetings. TheExecutive Board shall permit any unit Owner to inspect theminutes of Executive Board meetings during normal businesshours. The minutes shall be available for inspection witllinfifteen (15) days after any such meeting.

section 23.2 -Powers and Duties. The Executive Boardmay act in all instances on behalf of the Association, exceptas provided in this Declaration, the Bylaws or the Act. 'I'heExecutive Board shall have, subject to the limitationscontained in this Declaration and the Act, the powers andduties necessary for the administration of the affairs of theAssociation and of the Common Interest community which shallinclude, but not be limited to, the following:

Adopt and amend Bylaws, Rules and regulations:

Adopt and amend budgets for revenues, expendituresand reserves;

collect assessments for Common Expenses fromUnit Owners; I

Hire and discharge managing agents;

Ilire and discharge employees and agents, other thanmanaging agents, and independent contractors.

Institute, defend or intervene in litigation oradministrative proceedings or seek injunctiverelief for violation of the Association'~Declaration, Bylaws or Rules in the Association'sname on behalf of the Association or two or moreunit Owners on matters affecting the CommonInterest Community;

Make contracts and incur liabilities;

Regulate the use, maintenance, repair,replacement and modification of the CommonElements.

(i) Cause additional improvements to be made as apart of the Common Elements;

(j) Acquire, hold, encumber and convey in tileAssociation's name any right, title or interestto real property or personal property, but CommonElements may be conveyed or subjected to aSecurity Interest only pursuant to § 3-112 of theAct;

Grant easements for any period of time includingpermanent easements, and leases, licenses andconcessions for no more than one year, throughor over the Common Elements;

Impose and receive a payment, fee or charge forthe use, rental or operation of the CommonElements, other than Limited Commoll Elemelltsdescribed in Subsectiol1S (2) alld (4) of § 2-102of the Act, and for services provided toUnit Owners;

Impose a reasonable charge for late payment ofassessments and, after Notice and lIearing, levy

27

reasonable fines for violations of thisDeclaration, Bylaws, Rules and regulations ofthe Association;

Impose a reasonable charge for the preparationand recordation of amendments to this Declaration,resale certificates required by § 4-109 of theAct for a statement of unpaid assessments;

Provide for the indemnification of theAssociation's officers and Executive Board andmaintain Directors' and officers' liabilityinsurance;

Assign the Association's right to future income,including the right to receive Common Expenseassessments;

Exercise any other powers conferred by thisDeclaration or the Bylaws;

Exercise any other power that may be exercisedin this state by legal entities of the sametype as the Association:

Exercise any other power necessary and p,:-operfor the governance and operation of theAssociation; and

By resolution, establish committees of Directors,permanent and standing, to perform any of theabove functions under specifically delegatedadministrative standards, as designated in theresolution establishing the committee. Allcommittees must maintain and publish notice oftheir actions to Unit Owners and the ExecutiveBoard. Ilowever, actions taken by a committeemay be appealed to the Executive Board by anyUnit Owner within forty-five (45) days ofpublication of such notice, and such committeeaction must be ratified, modified or rejected,by the Executive Board at its next regularmeeting.

ARTICLE XXIV

Open Meetings

Section 24.1 -Access. All meetings of the ExecutiveBoard, at which action is to be taken by vote will'be open tothe unit Owners, except as hereafter provided.

Section 24.2 -Notice. Notice of every such meeting willbe g:lven not less than 24 hours prior to the time set for SUCllmeeting, by posting such notice in a conspicuous location inthe Common Interest Community, except that SUCl1 notice willnot be required if an emergency situation requires that themeetjLng be held without delay.

section 24.3 -Executive Sessions. Meetings of ther.xecutive Board may be held in executive session, withoutgiving notice and without the requirement that they be open toUnit Owners, in either of the following situations only:

(a) No action is taken at the executive sessionrequiring the affirmative vote of Directors: or

(b) The action taken at the executive sessioninvolves personnel, pending litigation,contract negotiations, enforcement actions,

28

VA. J.IIGJ.VJ.dual unit owners, or matters-wllich-areto remain confidential by request of tileaffected parties and agreement of the Board.

ARTICLE XXV.

Condemnation

If part or all of the Common Interest Community is takenby any power having the authority of eminent don\ain, allcompensation and damages for and on account of the takingshall be payable in accordanc.e with §1-lO7 of the Act.

ARTICLE XXVI.

Miscellaneous

Section 26.1 -Captions. The captions contained in theDocuments are inserted only as a matter of conven~ence and forreference, and in no way define, limit or describe tile scopeof the Documents nor the intent of any provision thereof.

Section 26.2 -Gender. The use of the masculine genderrefers to the feminine and neuter genders and the use of thesin~Jular includes the plural, and vice versa, whenever thecont:ext of the Documents so require. ~~~

Section 26.3 -Waiver. No provision col1tained in theDocuments is abrogated or waived by reason of any failure toenforce the same, irrespective of the number of violatiol1s orbreaches which may occur.

section 26.4 -Invalidity. The invalidity of anyprov'ision of the Documents does not impair or affect in anymanner the validity, enforceability of effect of theremain,der, and in such event, all of the other provisions ofthe Documents shall continue in full force and effect.

section 26.5 -Conflict. 'l'he Documents are intended tocomply with the requirements of the Act and Chapter 36-0 ofthe West Virginia statutes. In the event of any conflictbetween the Documents and the provisions of the statutes, theprovisions of the statutes shall control. In the event of anyconflict between this Declaration alld any other Documellt, thisDeclaration shall control.

In witness Whereof, Marcus Enterprises, a Gener,..alPartnership, has executed this Declaration this ft" day ofOctober, 1988, by causing Charles C. Marcus, Managing GeneralPartner, pursuant to Article VIII. of the Amended and I~estatedPartnership Agreement of Marcus Enterprises, to sign his namehereto on behalf of said Partnership.

29

STATE OF WEST VIRGINIA,

CO:UNTY OF JEFFERSON, to-wit:

The foregoing instrument was acknowledged before me this

L:?l~&- day of dl'c~~L- , 1988, by CIIARLES C. MARCUS,

Managing General Partner, on behalf of Marcus Enterprises, a

General Partnership.

~My commission expires:

I I r/

N~~t~~~~d.-(AF'FIX NOTARIAL SEAL)

~ ~-~-'-'-'" ~~orFlc'~L SJ:~L

NOTARY PUBLICsr"le OF wl:sr VII1GtNI"MARY L. Y-EESECKER

p o. "". 51In~. W.Va 25428

My Commission e.plr., July 3. t9~5-"--" ~i

",

Prepared by:Wal t:er WashingtonA VE\~ & STEPTOE

104 West Congress StreetCharles Town, West Virginia 25414

CLVDDCL.RE

30

Declaration of Covenants,Conditions and Restrictionsfor Cloverdale IleightsSclledule A-IPage 1 of 1

DESCRIPTION OF REAL ESTATE INCLUDED INTilE COMMON INTEREST COMMUNI'l'Y

Beginning at a point (284), on the southern limitof U. S. Route 340, and a common corner with Ilammer;thence for two lines with trammer SE 60-40.44 183.42feet to a point (261); thence SE 59-17-32 123.90feet to a point (260), a corner with Burns; thenceSE 79-41-56 235.00 feet to (2030); thence SE 79-25-08 1443.43 feet to (258); thence SE 46-28-15 1319.15feet to (256); thence SW 47-39-42 922.00 feet to(255); thence SW 46-33-50 1070.00 feet to (254);thence SW 48-28-04 1530.12: feet to (253); thence NE47-48-56 19.32 feet to (1612); thence NW 52-57-38127.73 feet to (1611); thence NW 44-15-53 1325.46feet to (222); thence NE 39-40-52 794.78 feet to(56); thence NW 50-35-11 785.21 feet to (50); thenceNW 76-42-01 742.82 feet to (605); thence NE 44-14-1047.30 feet to (601): thence NE 37-37-11 444.64 feetto (297); thence NE 45-30-26 343.90 feet to (296);thence NE 51-02-45 294.88 feet to (246); thence NE49-27-05 518.81 feet to (603); thence NE 57-53-26144.85 feet to (282), a point of curv'ature; thencewith the arc of said curve having a radius of1462.50 feet and a central angle of 11-00-00 for adistance of 280.78 feet to (283), a point oftangency; thence NE 49-46-55 65.05 feet to tile pointof beginning (284), containing 196.04 acre~, more orless.

,....

UC'-'.l.UJ.U'-.l.VII VI. \..UVt:!lltJIILS,

Col1ditions and RestrictioJ1Sfor Cloverdale IleightsSchedule 1\-2Page 1 of 12

UNITS, UNI'r DOUND1\RIES, IDEN'rIFYING NUMBEltS,E1\SEMEN'l'S AND RIGll'l'S-OF-WAY

Reference is hereby made to the Final Plat SllOW 1119

Sectj.on 1, Lots 1-57, Cloverdale Ileigl1ts, Kabletown District,

Jefferson County, West

Virginia,

dated 1988,May made

AppaJ.achian Surveys,

Inc.

alld recorded in the Office of

Cler)l~ of the County of Jefferson Count'I t) C' tr J'~. .

page OJ, whJ.ch -

'i, West:..plat-',isv irg jlnia in Plat Book

CommissionI

_L_I at

incoJ:-porated by reference hereill as part of Schedule A-2, al1U

to ",hich plat isreference hereby made for particulara

desc],: iption of the number of inunits contailled the Common

InteJ-:est Community, the boundaries of each SUCll UJ,1it, aJ1d tile

iden1:.ifying number of each unit. A reduced copy of relevallt

port:lons of said plat is attached hereto.

Ueclal:ntloll or Covel'allt~,Colltll\:lol19 nllll Ite",l:.:lc\:.loI19[OJ: cloverdale Ilelgltts \..

Sclletlule 1\-2Pn()e2 of 12

I

,...

, 'I

l)e~J.:.'I:-"\:lol' or CUV~II:.111\:~ rcolld.t\:J.ot,n (\t,~\, 1\"'r;1\:J:J.~\:lotig[OJ: Cluvel:~\nle Ilelyl'\:dn~IIe\l"lg l\-;J.i'aye ). of 12..

I'II

IJeclol:ntloll of

CO

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r

Col1dl\:lol1s

ol1d Ites\:rlc\:.lol's

[or C

lovertln~e

l1e1yllt9S

clletlule }\-2

.l"'nye 4

of 12

,..,,

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,

I

Declaration of Covenants,Conditions and Restrictionsfor Cloverdale lleightsSclledule A-2Page 6of 12

2. Easemel1ts and Rights-of Way

In addition to the easements and ~igllt-of-way set forth ill

the common interest community is subject to tileArticle XI,following easements and rights-of-way: '

A. Those easements and rights-of-way designated the011

Cloverdale Ileigilts,final plat showing section 1, Lots 1-57,

Kabletown District, Jefferson County, West Virgillia, dated May

and recorded il1 tile1988,

Inc.

made by Appalachial1 Surveys,

Office commission of Jeffersol1_-1-__, at page ~~~~: ~

of the Clerk of the County

111 Plat DookWest virginia,County,llerein part ofwhich is by referel1ceplat il1corpora ted as

Schedule A-2, and to which plat reference is llereby made for a

more particular description of tile rights-of-way and easemellts

shown 'thereon.

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.';; ':' ..'",::.. ':,' ,ConditiollS alld Itestrictions: ' :-' .t,:;, ': for Cloverdale Ileiglats' , .;,' Sclledule A-2

,I ..; ,;, " ' ,I , " ",;1 Page 7 of 1.2

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lJeclaratioll of COVeIJf1IJts,Conditions and RestrictiOJJsfor Cloverdale lleiglltsSclJedule A-2Page 8 of 12

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, lJeclnrntion of Covellnllts,~ Col1ditiollS olld Rest:rict:iol1s

'. for Cloverdale Ileights.; Schedule 1\-2" Page 9.'of 12 :

.".' .

D. 1\ right-of-way agreement betweell Marcus Enterprises andthe Potomac EdisOl1 Company, dated 11ay 6, 1909, and recorded illthe Off.lce of tile clerk of the COUI\ty Commissiol' of Jef[ersot\County, West:. Virgil,iain Deed Book 609, at. page 356, asfollows:: I .0 .,'

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Declaration of Covenants,Conditions and Restrictionsfor Cloverdale IleightsSchedule A-4Page 1 of 1

REAL ESTATE WIIICH IS OR MUST BECOME COMMON ELEMENTS

real estate which is or must become Common Elements

are:

The rights-of-way for streets and roads as

the Final Plat showing "Sectiondesign;3.ted on 1, Lots 1-57,Cloverdale Ileights, Kabletown District, Jefferson County, West

v irg in~la" , dated May 1988,

Inc.

made by Appalachian Surveys,

and inrE~corded the Office of the Clerk of the County

Virginia inWest Plat Book

is incorporated by reference, -

herein..

Those storm whichwater management notareas are

included within the boundaries of individual units as

Plat s}10wingdesignated on the Final "section 1, Lots 1-57,

Cloverdale Ileights, Kabletown District, Jefferson County, "lest

Virginia", made bydated May 1988, Appalacl,lian Surveys, Inc.

and reco'rded in Officethe of the Clerk of the County

of Virginia inCounty, West Plat BookCommiss,ion

-1--, clt t:

herein.

(3) The sign and utility easements over and upon Lots 1

and section9, 1, as the same are described in Article XI,

section 11.3 of this Declaration, and designated on the Final

Plat.

The following withinimprovements be included themay

real estate which is or must become Common Elements:

(1)(2)(3)(4)(5)(6)

streets and roadsstreet lightsCluster mailboxesSchool bus sheltersStreet signsEntrance gates and signs.

Declaration of Covenants,Conditions and Restrictionsfor Cloverdale Ileights.Schedule A-6Page 1 of 1

DEVELOPMENT RIGIIT '1'0 ADD REAL ES'1'ATE

to the Commonestaterealaddright todE!veloprnentTherealdescribedfollowingapplies to thecommunityInterestWest

colS the same is shown on the tax maps of the Jeffersonvirginia,

l:ARCELIAX Ml~3.0.,3.1

-4

4.14

4.24

9.04

estate contained in a descriptiol1 attachedthat realAlso,

the Countythe Clerk ofthe Office ofto an order' recorded inWest virginia i~ Deed Book 603,

commission of Jefferson County,

at page 363,

". .descr1.bedcontaining 28.42

acres,

estate,that realAlso,CountytheClerk oftheOffice ofin therecordeddeedin a

in Deed Book 581,West virginia,commission of Jefferson county,

at Page .\51,

Declaration of Covenants,Conditions and Restrictionsfor Cloverdale HeightsSchedule A-7Page 1 of 1

ALLOCATION OF IN'rERESTS

The allocation of interests among units within the Common

Interest ~::ommunity is as follows:

A 1/57th interest each.unit:!; 1 through 57 inclusive:

~~

't; ..~ J.

..': 'O(~' lI; ., ~""

\... Declaration of Covenants,

Conditions and Restrictionsfor Cloverdale IleightsSchedule A-aPage 1 of 1

RIGIIT TO WI'l'lIDRAW REAL ESTATE

The development right withdrawto real estate from the

Common Interest Community applies to a' lO-foot wide strip along

the sidenorth of West Virginia Secondary Route for the340/3

purposes of widening West Virginia Secondary Route 340/3, as the

is Plat showing sectionshown the Final 1, Lots 1-57,same on

Cloverda1.e, West Virginia,Kabletown District, Jefferson County,

dated May' 1988, made by Appalachian Surveys, Inc. and J:"ecorded in, ~/

the Offi<::e of the Clerk of the County commission of Jefferson

whichCounty, ~rest Virginia in Plat Book at page

plat is incorporated by reference herein

The the right to withdrawDeclarant further fromreserves

real estate described in Schedule A-l any unit or proposed

Unit.