STATE OF NORTH CAROLINA AMENDMENT TO
COUNTY OF HENDERSON PROTECTIVE COVENANTS

THIS AMENDMENT TO PROTECTIVE COVENANTS is made this ______ day of January, 2003 by the HOMEOWNERS ASSOCIATION OF ESTATES OF THE SALISBURY, INC. (Association”).

WITNESSETH:

WHEREAS, CERTAIN Protective Covenants were recorded by Frank W. Kasey and wife, Zelda T. Kasey, creating certain restrictions, covenants, agreements, rights and duties affecting all of those lots shown on that plat of ESTATES OF THE SALISBURUY as recorded on Plat Slides 714 and 715, Henderson County Registry, and Protective Covenants being recorded in Deed Book 744, at page 51, Henderson County Registry; and

WHEREAS, pursuant to such protective Covenants, Frank W. Kasey and wife, Zelda T. Kasey incorporated the Association pursuant to the provisions set forth in paragraph 25 of the above-referenced Protective Covenants; and

WHEREAS, The Association has hereto amended paragraph 12 of the Protective Covenants by instruments dated June 22, 1999, and recorded in Deed Book ____, Page ____, Henderson County Registry; and

WHEREAS, the Association desires to amend a paragraph 12 of the Protective Covenants, to remove the wording included in the June 22, 1999 amendment referenced hereinabove; and

WHEREAS, the above-referenced Protective Covenants provide for a “Committee” to be appointed by the “Owner” )originally Frank W. Kasey and Zelda T. Kasey); and

WHEREAS, the original above-referenced “Owners” have conveyed to the Association all rights, duties, and responsibilities for appointment of the “Committee” described in the Protective Covenants; and

WHEREAS, paragraph 12 of the said Protective Covenants specifically delegates to the “Committee”, its successors and assigns “the right to modify said paragraph 12, in its sole discretion”; and

WHEREAS, the Association has delegated original “Committee” responsibilities, rights, and duties unto the Association Board of Directors, who in turn has designated the president of the Association as the “Committee”;

NOW THEREFORE, the Association, on behalf of itself, and each and every present or future lot owner in the above-described subdivision known as “Estates of the Salisbury” covenant and agree as follows:

1. That paragraph 12 of the Protective Covenants recorded in Deed Book 744, at page 51 Henderson County Registry, as amended, be further amended to delete the following sustenance at the end of the paragraph(which sentence was added in the prior amendment):

“Notwithstanding anything else in this paragraph 12 to the contract, modular construction of residences upon; lots within the subdivision shall be permitted, but such modular construction must meet both of the following construction standards: 1) the North Carolina State Building Code for residential construction, and 2) any such dwelling constructed may not have any permanent steel frame as part of it’s permanent construction.”

2. Except as amended pursuant to this Amendment to Protective Covenants, all of the Protective Covenants set forth in Deed Book 744, Page 51, Henderson County Registry shall remain in full force and effect.

This 7th day of January 2002.

HOMEOWNERS ASSOCIATION OF ESTATES OF THE SALISBURY. INC.

Attest: ________________ By: _____________________
Elaine Maciorowski, Secretary Cary Galloway, President

(Corporate Seal) Board of Directors

By: ___________________ (Seal)
Cary Galloway, Director and “Committee”

By: ___________________ (SEAL)
Elaine Maciorowski, Director

By: ___________________ (SEAL)
Joel Hoover, Director

By: ___________________ (SEAL)
Tim Brewer, Director

By: ___________________ (SEAL)
Hue Collins, Treasurer

State of North Carolina Henderson County.

I, a Notary Public of the County and State aforesaid, certify that Elaine Maciorowski personally came before me this day and acknowledged that she is Secretary of Homeowners Association of Estates of the Salisbury, Inc., a North Carolina Non-profit Corporation and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its___________ President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and official stamp or seal, this 7 day of January 2002

My commission expires 10/27/2006

______________________ Notary Public
Lucia Cruz

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON

I, Lucia Cruz, a Notary Public for said County and State, certify that Cart Galloway, Elaine Maciorowski, Joel Hoover and Tim Brewer each a Director of the Homeowners Association if the Estates of the Salisbury, Inc. and Cary Galloway being he “Committee; referred to in Deed Book 744, at Page 51, Henderson County Registry, personally came before me this day and acknowledge the due execution of the foregoing instrument in writing by himself or herself for the uses and purposes therein set forth.

Witness my hand and Notarial Seal this the 7th day of January, 2002

______________________
Notary Public

My Commission Expires: 10/27/2006

North Carolina, Henderson County The foregoing certificate(s) of Lucia D. Cruz Notary Public and certified to be correct, this instrument presented for registration and recorded in this office this 5th day of March, 2003 at 8:50am in book 1092, page 6

__________________________________________-
Register of Deeds Deputy

STATE OF NORTH CAROLINA AMENDMENT TO
COUNTY OF HENDERSON PROTECTIVE COVENANTS

THIS AMENDMENT TO PROTECTIVE COVENANTS is made this 22nd day of June, 1999 by the HOMEOWNERS ASSOCIATION OD ESTAES OF THE SALISBURY, INC. (Association”).

WITNESSETH:

WHEREAS, certain Protective Covenants were recorded by Frank W. Kasey and wife, Zelda T. Kasey, creating certain restrictions, covenants, agreements, rights and duties affecting all of those lots shown on that plat of ESTATES OF THE SALISBURY as recorded on Plat Slides 714 and 715, Henderson County Registry, said Protective Covenants being recorded in Deed Book 744,a t page 51, Henderson County Registry; and

WHEREAS, pursuant to such Protective Covenants, Frank W. Kasey and wife, Zelda TR. Kasey incorporated the Association pursuant to the provisions set forth in paragraph 25 of the above-referenced Protective Covenants; and

WHEREAS, the Association desires to amend a paragraph set forth in the said Protective Covenants, namely paragraph 12 regarding the type and character building construction and materials allowed to be located on lots within the subdivision; and

WHEREAS, the above-referenced Protective Covenants provided for a “Committee” to be appointed by the “Owner” (originally Frank W. Kasey and Zelda T. Kasey); and

WHEREAS, the original above-referenced “Owners” have conveyed to the Association al rights, duties, and responsibilities for appointment of the “Committee” described in the Protective Covenants; and

WHEREAS, paragraph 12 of said Protective Covenants specifically delegates to the “Committee” its successors and assigns “the right to modify said 12, in its sole discretion; and

WHEREAS, the Association has delegated original “Committee” responsibilities, rights, and duties unto the Association Board of Directors, who in turn has designated the president of the Association as the “Committee”.

NOW THEREFORE, the Association, on behalf of itself, and each and every present or future lot owner in the above-described subdivision known as “Estates of the Salisbury” covenant and agree as follows:

1. That paragraph 12 of the Protective Covenants recorded in Deed Book 744, at Page 51 Henderson County Registry, be amended to add to following sentence at the end of the paragraph:

“Notwithstanding anything else in this Paragraph 12 to the contrary, modular construction of residence upon lots within the subdivision shall be permitted, but such modular construction must meet both of the following construction standards: 1) the North Carolina State Building Code for residential construction, and 2) any such dwelling constructed may not have any permanent steel frame as part of it’s permanent construction.”

2. Except as amended pursuant to this Amendment to Protective Covenants, all of the Protective Covenants set forth in Deed Book 744, Page 51, Henderson County Registry shall remain in full force and effect.

THIS THE 22ND DAY OF June, 1999.

HOMEOWNERS ASSOCIATION OF ESTATES OF THE SALISBURY, INC.

Attest: ___________________ BY: ________________________
Doris Abramson, Secretary Julie Uzelac, President

(Corporate Seal)
Board of Directors:

BY: ____________________ (SEAL)
Julie Uzelac, Director and “Committee”

BY: ____________________(SEAL)
Doris Abramson, Director

BY: ____________________ (SEAL)
Bob Moore, Director

BY: ____________________ (SEAL)
Larry Rhodes, Director

State of North Carolina Henderson County.
I, a Notary Public of the County and State aforesaid, certify that Doris Abramson personally came before me this day and acknowledge that she is Secretary of Homeowners Association of Estates of the Salisbury, Inc., a North Carolina Non-profit Corporation amend that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ______ President, sealed with its corporate seal and attested by her as its Secretary Witness my hand and official stamp or seal, this 22 day of, June 1999.

My commission expires 04/03/2001

R Ann McKinney Notary Public

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON

I, R Anne McKinney, a Notary Public for said County and State, certify that Julie Uzelac, Larry Rhoades, Doris Abramson and Bob Moore each a Director of the Homeowners Association of the Estates of the Salisbury, Inc. and Julie Uzelac being the “Committee” referred to in Deed Book 744,a t Page 51, Henderson County Registry, personally came before me this day and acknowledged the due execution of the foregoing instrument in writing by himself or herself for the uses and purposes therein set forth.

My Commission Expires: 04/23/2001

North Carolina, Henderson County.

The foregoing certificate(s) of
R. Ann McKinney
Notary Public and certified to be correct this instrument presented for registration and recorded in this office this 25 day of June , 1999 at 11:30am in Book 992, page 203

_________________          __________________
Register of Deeds                   Deputy