DECLARATION OF PROTECTIVE COVENANTS, RESERVATIONS, RESTRICTIONS, EASEMENTS AND OWNERS MAINTENANCE ASSOCIATION OF TIMBERWOOD VILLAGE SUBDIVISION

THIS DECLARATION made this ____ day of ______________, 1999, by Bellmore, L.L.C., a West Virginia Limited Liability Company.

WHEREAS, the undersigned Bellmore, L.L.C., is owner and developer of that certain tract of real estate in Mill Creek District of Berkeley County, West Virginia, comprising what is know as Lots 1 through 52 , Timberwood Village Subdivision, as shown upon a plat thereof dated _______________ prepared by _________________, and recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Plat Cabinet No. _____, at Slide ________, and

            WHEREAS, to promote the orderly development of the Lots in Timberwood Village Subdivision by a general plan providing for future maintenance and property owners protections, the developers hereby desire to establish the following covenants, reservations, restrictions, easements and maintenance obligations.

            THEREFORE, THIS DECLARATION WITNESSETH: That the said owners hereby certify, covenant and declare that Lots 1 through and including 52 , Timberwood Village Subdivision, are subject to and shall hereafter be sold subject to the following covenants, restrictions, reservations, conditions and association obligations which shall run with the land and accrue to the owners of all lots in said subdivision, to wit:

          1.  Each lot conveyed in the subdivision shall be used for residential purposes solely. Each such lot shall be improved by not more than one single-family residence. A private garage and appurtenant structures usual and incidental to such single-family type residences and all driveways shall be concrete, paved, macadam, or a like substance. Any private detached garages or appurtenant structures shall be consistent with the general design of the residence and shall contain a minimum of 120 square feet of floor space and have a 10-foot width minimum.

          2. Unless otherwise designated by plat notations, no building, no swimming pool, nor solid fence shall be constructed nearer than 20 feet to the line of any street upon which it faces, nor nearer than 10 feet to any side lot line.

          3. No structure shall be greater than two stories in height, exclusive of an attic and basement. One-story residential structures, including but not limited to architectural design types generally known and designated as cape cod, rancher and split foyer, shall contain no less than 1,000 square feet interior living floor area on the ground floor for a one-story dwelling, and must have 24-foot width minimum, and for a two-story dwelling, not less that 1,248 total interior living floor area which shall include a minimum of 624 square feet interior living floor area on the ground floor and must have a 24' x 26' minimum foundation size. Porches, carports, garages and breezeways shall not be considered part of the interior living floor area. All homes must have broken roof lines.

          4. All residences shall have exterior finish of standard conventional finish materials, and no asbestos shingle, imitation brick or asphalt materials, nor real or imitation log, nor slab siding shall be used as a finished exterior wall upon any structure. Where concrete block, cinder block, tile block or similar construction material is used above the ground level such walls shall be covered with brick or stone exterior or a parged finish, or stamped concrete finish.

          5. No structure of a temporary or permanent nature shall be occupied on any lot. No trailer, mobile home, basement, tent, shack, garage or any steel-framed mobile unit or other partially completed or temporary buildings shall be occupied upon any lot either temporarily or permanently. No residential building shall be occupied for living purposes until the entire exterior thereof has been fully completed.

          6. When a residence building is constructed upon any lot, each such lot owner shall provide for off-street parking for at least two automobiles by a driveway or other off street parking upon such lot, and a carport or garage space for such use shall constitute adequate provision for such off-street parking. No camping, boat trailers, nor travel trailers shall be parked or stored in such off street parking or storage area.

          7. No heavy trucks, vans, boats, trailers, truck type tractors, nor construction machinery shall be parked, stored or maintained in front of any completed residence on such lot nor upon the street or streets in said subdivision, except for temporary use during actual construction of a residence, street or utilities or for temporary use such as moving or delivering.

          8. Each lot shall be kept free from trash, rubbish, junk and abandoned, unlicensed or inoperable motor vehicles or machinery. Weeds, brush and undergrowth shall be kept mowed or under control so as not to create a nuisance or unsightly condition. Further, any motor vehicles shall be inspected and licensed by the proper authority.

          9. No livestock nor poultry shall be maintained upon the premises of any lot. No commercial breeding of pets such as dogs, cats or other birds or animals, shall be conducted upon any lot. No dog runs or kennels shall be permitted on any lot. Any pets shall be contained at all times upon a leash or within the confines of the boundaries of the homeowner having such pet.

        10. No business nor trade activities shall be conducted upon any lot. Such prohibition shall include professional offices and other part-time commercial activities.

        11.  Said lots shall not be further subdivided.

        12. No type of fence shall be permitted in the front yard of said tract. Any other fences, including but not limited to barrier shrubs, chainlink fences or solid fences, shall not exceed 48 inches in height, except for a privacy fence which shall not exceed 72 inches, and shall be located in the rear of the homesite. There shall be no setback for the location of said fencing.

        13. Homeowners Association. The Developer hereby dedicates the roads to the Association and owners of properties within said Subdivision, Timberwood Village Subdivision, provided however, that such dedication shall not inhibit convenient access to any lot within said Subdivision. For purposes of road maintenance, traffic control, general planting and seeding within roadway areas, and all common community services of every kind and nature required and desired within said Subdivision for the general use and benefit of all lot owners, each and every lot owner, by accepting a deed of any lot in said Subdivision, agrees to and shall be a member of and shall be subject to the obligations and duly enacted Articles, By-Laws, Rules and Policies of the Timberwood Village Homeowners Association, Inc., a non-profit non-stock corporation. It is also understood that each lot owner in said Subdivision shall be obligated to pay One Hundred Dollars and 00/100 ($100.00) Road Maintenance Fee on the first day of each year beginning January 1, 2000, to the Timberwood Village Homeowners Association, Inc., and to pay such other fees and assessments as established by the Association. The road maintenance fee may be increased at any time by a vote of the property owners, so long as such increase complies with the provisions of West Virginia Code Annotated Section 36B-1-203(2). In no event shall the annual average common expense liability of any unit, exclusive of optional user fees, and any insurance premiums paid by the Association, exceed $300.00, as adjusted pursuant to Section 36B-1-114 of the West Virginia Code Annotated. It is the express intention that this Subdivision is considered a limited expense liability planned community pursuant to Section 36B-1-203 of the West Virginia Code Annotated. In voting, a property owner shall be entitled to one vote for each lot owned. The annual road maintenance fee may be increased by vote count that equals a majority of the number of lots within the Subdivision. Bellmore, L.L.C., the Developer shall be exempt from the payment of Association dues. The Developer, on behalf of the Association, may collect Association dues and act on behalf of the Association until the Association is activated.

     Any fees or assessments, together with interest and costs, shall be a personal liability and obligation of the lot owner and shall also be a lien upon the lot against which such assessment is made. The Association shall have the right to file among the Land Records of Berkeley County, West Virginia, a duly executed and acknowledged Notice of Lien with respect to each lot and its owner for which any assessment remains unpaid. However, said assessment shall be a lien whether or not filed in said courthouse. Said lien shall be subordinated to any recorded mortgage, deed of trust, or vendor’s lien to the extent the assessment is for an obligation accruing after the recordation of said mortgage, deed of trust, or vendor’s lien.

     Each fee simple owner of a lot upon which a Drainage Easement or Storm Water Management Area is located shall have the authority and liability to cut the grass and otherwise maintain that area, including maintenance of the drainage flow as originally established. No lot owner shall obstruct or alter the drainage or storm water management within the Subdivision.

        14. Reservations. The Declarants hereby reserve unto themselves, their successors or assigns the right to erect, install and maintain telephone, electric light poles, conduits, equipment, sewer, gas, water lines, drainage ditches and structures, or to grant easements or rights-of-ways therefore, with the right of ingress and egress thereto, for the purpose of erection, installation, or maintenance on, over or under a strip of land as set forth on the Plat recorded in Plat Cabinet _____, at Slide ______. Within all reserved easement areas, no structures, planting or other material shall be placed or permitted or remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of or the flow of drainage channels or easements. The easement area of each lot, and any improvements thereon shall be maintained continuously by the owner of the lot, with the exception of any improvements for which the Association, a public authority or utility is liable.

        15. The developing owners, Bellmore, L.L.C., reserve the right to use, allow, or permit the use of all streets, roads, and alleys in the Subdivision now or hereinafter laid out or designated for street purposes for the location and installation of all public utilities or common services, including pipes, wires, lines or facilities. The said developers hereby further reserve the right to make any alterations, amendments, revisions or changes to the plat or plat plans hereinafter mentioned, including changes in the size of unsold lots and the relocation of streets and alleys, provided that no changes shall be made in the boundary line of any lot which has been sold. The Developers shall ensure that such change shall not thereafter deprive any lot which has been sold of free and undisturbed ingress and egress to the public highways and roads.

        16. The developing owners, Bellmore, L.L.C., for themselves, their heirs, successors and assigns, shall have the right to use the roads within the Subdivision for purposes of ingress to and egress from all of the developers’ real property adjacent to this Subdivision or as set forth on the survey of Plat Cabinet _____, at Slide ______, and for future properties that may be acquired by developers, their successors, heirs or assigns. Although said additional properties may be added to the declaration herein, the developers herein specifically reserve unto themselves, their heirs, devisees, successors and assigns, the right to use said roads within the Subdivision for said additional properties, even though said surrounding or adjacent properties of the developers may not be made subject to this declaration.

        17. The developing owner, Bellmore, L.L.C., reserve the right to specify or designate the location of public utility poles, hydrants, junction boxes, guy wires or any above ground installations which may affect or interfere with the ingress and egress to and from any lot subject to this Declaration.

        18. Enforcement. The property owners Association, the developing owners, or any lot owner shall have the right to enforce all rights, restrictions, covenants, conditions, easements, reservations, liens or charges now or hereinafter imposed or authorized by the provisions of this declaration or hereinafter authorized by the property owners Association. The waiver or failure by the Association or by any owner to enforce any violation or breach as to any lien, charge, covenant or restriction herein set forth or authorized shall not be construed or deemed as a waiver of rights or as an amendment hereto preventing subsequent enforcement.

        19. Severability. The invalidation or adverse finding by valid decree of a court of record of any one or more of the covenants, restrictions, easements, reservations, or authority of the property owners Association as herein set forth or authorized shall in on way affect any of the other provisions set forth herein and the remaining provisions herein shall remain in full force and effect.

        20. Incorporation by Reference. All of the foregoing matters set forth in the Declaration shall be incorporated by reference hereto in subsequent deeds for all lots set forth in this Declaration and shall be binding and effective as though set forth verbatim in said deeds.

        21. Additional Lot Owners. No realty other than that described above shall be deemed subject to this Declaration, unless and until specifically made subject hereto. Additional lands owned by the developer or which may be acquired by the developers may, from time to time, be added to this Declaration and be subject to the conditions, restrictions, covenants, reservations and liens and other obligations set forth herein. The developers are under no obligation, however, to include adjoining properties within the Declaration, nor are the developers under any obligation to continue the same or similar restrictions for adjoining properties, even though said additional properties may benefit from access through the streets and roads set forth on the aforementioned plat. Additional lots or property may be added to this Declaration by filing of record a supplementary declaration of covenants, conditions, restrictions, easements and reservations with respect to the additional property which shall extend the scheme of covenants and restrictions and other obligations of this Declaration and the association obligations to such additional properties. Such supplementary declaration may contain such complementary additional and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such supplementary declaration revoke, modify, or add to the covenants established by this Declaration within the existing property.

        22. Term. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for such successive periods of five (5) years, unless an instrument signed by seventy (70) percent of the then owners of the lots has been recorded, such agreement amending said covenants in whole or in part.

WITNESS the following signatures and seals this _____ day of _______________, 1999.

                                                                    Bellmore, L.L.C. Limited Liability Company

BY:________________________________

its:________________________________

STATE OF WEST VIRGINIA
COUNTY OF BERKELEY, to-wit:

The foregoing instrument was acknowledged before me this ___ day of _____________, 1999, by _______________, as ____________, of Bellmore, L.L.C., Limited Liability Company

__________________________
Notary Public

My Commission expires:

_________________________

THIS INSTRUMENT PREPARED BY

David D. Pill, Esq., Pill & Pill, Attorneys at Law
1444A Edwin Miller Blvd., Martinsburg, WV 25401

AFTER RECORDING, PLEASE RETURN TO SAME

File #32811 Timberwood Village Subdivision

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