Covenants. Book 834 Page 296 NORTH CAROLINA CALDWELL COUNTY RESERVATIONS, CONDITIONS AND RESTRICTIVE COVENANTS ON THE

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1 Covenants Book 834 Page 296 NORTH CAROLINA CALDWELL COUNTY RESERVATIONS, CONDITIONS AND RESTRICTIVE COVENANTS ON THE PROPERTY OF GOLD CREEK SUBDIVISION Plat Book 12, Page 70 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DOUGLAS McARTHUR HOLLOWAY and wife, DARNELL YOUNG HOLLOWAY, owners of all of the property shown on the map recorded In Plat Book 12, at Page 70, in the Office of the Register of Deeds for Caldwell County, North Carolina, do hereby place upon said property the following restrictive covenants, reservations and restrictions, to run with said lands, as set forth hereinafter and do hereby covenant that all lots in said subdivision, except as hereinafter described, shall be sold subject to such covenants, reservations and restrictions: 1. Covenants to run with land : These covenants are to run with the land and shall be binding on all parties and all persons and successors in interest, claiming under them until January 1, 2005, at which time said covenants shall be automatically extended for continuous successive periods of ten (10) years, unless after said date, by a vote of those persons then owning a majority of said lots, it Is agreed to amend, cancel or alter said covenants In whole or in part. For voting purposes, joint owners, partners or tenants In common may individually vote their pro-rata share to be determined by their share of ownership. Owners by the entirety shall each have the privilege of voting a one-half share. Spouses with marital Interests shall have no vote. Each lot in the subdivision shall be given one vote. 2. Remedies for violations: If the owner or owners of any lot shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision as shown on said plat to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing, or to recover damages for such violation. An enforcement of any legal right hereunder shall not be a waiver of other rights accorded hereby or otherwise.

2 3. Invalidation: Invalidation: of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full farce and effect. 4. Residential lots: All lots 1n said subdivision, as shown on the referenced plat, except as hereinafter mentioned, are hereby restricted to single family residential use. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single dwelling. No structures of a temporary character, including but not limited to trailers, mobile homes, shacks, lean-to's, or tents may be placed or erected on said lots. Detached buildings, separate garages and out buildings, storage or otherwise, are not permitted. None of the said numbered lots as shown on said recorded plat shall be re-subdivided so as to create an additional building lot, except that Douglas McArthur Holloway and wife, Darnell Young Holloway, reserve the right to subdivide any of the said lots. Where a residence has been erected on a plot consisting of two or more lots, none of sold lots shall thereafter be sold separately until said residence has been removed there from. No structure shall BOOK 834 Page 297 be erected, altered, placed or permitted to remain on any lot other than one detached, single-family dwelling. No trailer, camping vehicle, tent, basement, shack garage or other outbuilding erected con those lots shall be used at any time as a residence, temporarily or permanently. 5. Construction of buildings: The exterior of all dwellings constructed in this subdivision shall be principally of brick, stone, wood or aluminum siding, which siding shall be no less than eight inches in width, or combinations of any of the said materials. Manufactured homes and mobile homes are not permitted. All homes constructed in this subdivision shall contain a minimum or fourteen hundred (1,400) square feet of heated and finished floor space, exclusive of porches, garages, breezeways and basements. If the home as constructed has 1 or 2 or more stories, or is a split-level, a minimum of one thousand (1,000) square feet must be on the main level. No cement or cinder blocks shall appear above ground level. The exterior of any such house or building shall be completed within twelve (12) calendar months from the date on which the construction thereof is commenced. No building materials shall be stored on any lot except for the purpose of construction on such lot. All driveways must be paved with either asphalt, brick, concrete or similar material. The driveway surface must be lower than the street to prevent damage from road equipment. No parts of any lots are to be used for ingress and egress of adjoining property without the written consent of Douglas McArthur Holloway and his wife, Darnell Young Holloway. 6. No trade or business: No trade or business and no noxious or offensive activity shall be carried on upon any tract or lot, nor shall anything be

3 done thereon which may become an annoyance or nuisance to the neighborhood. No livestock, goats, poultry, or animals other than two household pets may be kept on this property. Household pets should not be allowed to roam the neighborhood or otherwise become a nuisance. Household pets shall include only caged birds and tame and domesticated dogs and cats. The provisions hereof shall not be deemed to permit the keeping of domestic fowl such as chickens, geese, ducks or guinea. Animals used for hunting or stalking prey are also forbidden. No sign or billboard of any kind shall be erected or allowed to remain on any lot other than a "For Sale" sign or signs used by a builder to advertise the property during the construction and sales period and no such sign permitted shall be larger than eighteen inches square. All residences shall be owner occupied and no such buildings shall be leased, rented, let, sublet, assigned temporarily or loaned to third persons. 7. Other use restrictions: The assembly or disassembly of a motor vehicle shall not be conducted within the subdivision. No junked vehicles are allowed within the subdivision. The use of firearms such as rifles, handguns and shotguns are not allowed. The use of bows and arrows, BB guns and pump guns is also prohibited. No motor vehicles or motor bikes are permitted in parks or walkways, except for maintenance vehicles. All vehicles must be parked off of street rights-of-way except for temporary parking in case of emergency. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers which are concealed from public: view. All equipment for the storage of waste materials shall be kept in a clean and sanitary condition. Any area disturbed due to grading, erosion, etc., must be landscaped or stabilized and reseeded by its current owners. All efforts should be made to blend lots together. No open drain lines or discharge of any kind into Lake Hickory or Gold Creek is allowed, except for the natural flow of surface water. No elevated tanks of any kind shall be erected, placed or permitted on any part of the subdivision; provided that nothing herein shall prevent Douglas McArthur Holloway and Darnell Young Holloway from erecting, placing Book 834 Page 298 or permitting the placing of tanks and other water, or utility system apparatus within such subdivision for the use of the water or utility serving such premises. Any tanks for use In connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or welled sufficiently to conceal them from the view from neighboring lots, roads or streets. 8. Building set-back lines: All buildings constructed, including eaves, gutters and overhangs, shall be at least thirty-five (35) feet from the front property line, except for Lots Nos. 1, 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, which said lots are subject to a forty (40) foot front setback line. No buildings, including eaves, gutters and overhangs, shall be built nearer than ten feet from side property lines or thirty-five (35) feet from rear property lines. No part of any fence shall be nearer to the front property line than the front of the dwelling house. In addition, on corner lots, fences must be kept twenty-five (25) feet from all street rights-of-way.

4 Fences must be fifteen (15) feet or more from the back property line on Lots Nos. 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and Utilities and rights-of-way : These lots are subject to existing rightsof-way of the North Carolina Board of Transportation, Power Company and Telephone Company and Cable Television Company. Hereby reserved is a ten (10) foot easement along the front, rear and side lines of all lots for any future utility needs such as telephone, electrical, water, sewer, gas transmission or communication lines. Lots numbered 35 through 45 shall have a fifteen (15) foot easement along their rear property lines which may be used by other lot owners within the subdivision for utilities, access and maintenance. This fifteen (15) foot easement shall be unrestricted at all times; no fences or other improvements will be permitted in this easement which would restrict its use by maintenance vehicles or people. Water runoff from rain, snow, etc., from higher elevations, must be received by lower laying lots. Community service lines such as water and sewer may be run wherever necessary to get the proper lift or fall. All disturbed areas are to be reseeded by the current owners of the lot. 10. Property Owners Association: At the appropriate time, Douglas McArthur Holloway and wife, Darnell Young Holloway, shall sponsor the formation of a Property Owners Association to maintain the beauty, safety, setting and attraction of the development and the comfort and pleasure of the development inhabitants, which Association shall be composed of the owners of lots upon the development. Appropriate rules and regulations to effect the purpose of such Association shall be promulgated by the Holloways. The Association shall be for the further purpose of maintaining roads, traffic control, general planting within roadway and common areas, and all community services of every kind and nature required or desired within the subdivision for the general use and benefit of all lot owners. Each and every lot owner, in accepting a deed for any lot within the subdivision, agrees to and shall be a member of and be subject to the obligations and duly enacted bylaws and rules of the Association. The Association will be a non-profit association, which will have authority to levy and assess dues and special assessments and shall be governed by a Board elected annually by majority vote of lot owners, each lot being entitled to one vote. Douglas McArthur Holloway and Darnell Young Holloway shall have the right to grant and convey all their rights to enforce these covenants, conditions, reservations and restrictions to the Association at such time as in their sole judgment the Association is ready to undertake the obligation of enforcing and exercising them. Upon such conveyance and grant, the Association shall have and shall succeed to, all rights and duties with the same powers as the grantors. All of the rights reserved herein to Douglas McArthur Holloway and wile, Darnell Young Holloway, are alienable, inheritable and assignable. The Holloways also reserve to themselves, their heirs and assigns, the right to use all parks, walkways, r1ghts-of-way, access areas, ponds or other common areas within the subdivision. 11. Zoning - State and Federal laws and regulations : All purchasers of lots within the subdivision are put on notice that all, or some, areas within the Subdivision are subject to local zoning ordinances, Federal and State laws concerning land control, use and other matters and that these ordinances, rules, laws, and regulations may from time to time change as allowed by law.

5 Duke Power Company and its assigns and successors; also may have certain enforceable regulations concerning water front use and access. 12. Exempt lots : Take notice that Lots Nos. 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 as shown on the plat of the Gold Creek Subdivision, recorded in the Caldwell County Registry-in Plat Book, at Page, are hereby exempted from these covenants, restrictions, reservations and rules in their entirety. These lots may be used for multi-family dwellings, condominiums, lakes, common areas, marinas, waste treatment plants, public service facilities, schools or for any other purpose allowed by law. IN WITNESS WHEREOF, the undersigned have caused these presents to be signed and sealed this the day of, NORTH CAROLINA CATAWBA COUNTY I,, Notary Public, do hereby certify that Douglas McArthur Holloway and wife, Darnell Young Holloway, personally appeared before mss this day and acknowledged the due execution of the foregoing instrument WITNESS my hand and notarial seal, this day of 'Notary Public My Commission Expires: (SEAL) Covenants Phase IV Book 1024 Page 1212 NORTH CAROLINA CALDWELL COUNTY RESERVATIONS, CONDITIONS AND RESTRICTIVE COVENANTS FOR GOLD CREEK BAY Book 1024 Page 1212

6 (GOLD CREEK - PHASE IV) Plat Book 14 at Page 170 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DOUGLAS McARTHUR HOLLOWAY and wife, DARNELL YOUNG HOLLOWAY, owners of all of the property shown on the map recorded in Plat Book 14 at Page 170, in the office of the Register of Deeds for Caldwell County, North Carolina, do hereby place upon said property the following restrictive covenants, reservations and restrictions, to run with said lands, as set forth hereinafter, and do hereby covenant that all lots in said subdivision, except as hereinafter described, shall be sold subject to such covenants, reservations and restrictions: 1. Covenants to run with land : These covenants are to run with the land and shall be binding on all parties and all purchasers and successors in interest, claiming under them until January 1, 2005, at which time said covenants shall be automatically extended for continuous successive periods of ten (10) years, unless after said date, by a vote of those persons then owning a majority of said lots, it is agreed to amend, cancel or alter said covenants in whole or in part. For voting purposes, joint owners, partners or tenants in common may individually vote their pro-rate share to be determined by their share of ownership. Owners by the entirety shall each have the privilege of voting a one-half share. Spouse with marital interests shall have no vote. Each lot in the subdivision shall be given one vote. 2. Remedies for -violations: If the owner or owners of any lot shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision as shown on said plat to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing, or to recover damages for such violation. An enforcement of any legal right hereunder shall not be a waiver of other rights accorded hereby or otherwise. 3. Invalidation : Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 4. Residential lots: All lots in said subdivision, as shown on the referenced plat, except as hereinafter mentioned are hereby restricted to single family residential use. No structure shall to erected, altered, placed or permitted to remain on any lot other Book 1021 Page 1213 than one detached single dwelling. No structures of a temporary character, including but not limited to trailers, mobile homes, shacks, lean-to's or tents may be placed or erected on said lots. Detached buildings, separate garages and out buildings, storage or otherwise, are not permitted. None of the said numbered lots as shown on said recorded plat shall be re-subdivided so as to create an additional building lot, except that Douglas McArthur Holloway and wife, Darnell Young Holloway, reserve the right to subdivide any of the said lots. Where a residence has been erected on a plat consisting of two or more lots, none of said lots shall thereafter be sold separately until said residence has been removed there from. No structure shall be erected, altered, placed or permitted to remain on anylot other than one detached, single-family dwelling. No trailer, camping vehicle, tent, basement, shack, garage or other outbuilding erected on these lots, shall be used at any time as a residence, temporarily or permanently.

7 5. Construction of buildings: The exterior of all dwellings constructed in this subdivision shall be principally of brick, stone, wood, stucco or aluminum siding, which siding shall have a vertical height of no less than four inches, or combinations of any of the said materials. Manufactured homes and mobile homes are not permitted. All homes constructed in this subdivision shall contain a minimum of fourteen hundred (1, 00) square feet of heated and finished floor space, exclusive of porches, garages, breezeways and basements. If the home as constructed has 1 1/2 or more stories, or is a split-level, a minimum of 850 square feet of finished and heated floor area must be on the main level. The main level shall consist of all floors within 2 feet elevation of each other. No cement or cinder blocks shall appear above ground level. The exterior of any such house or building shall be completed within twelve (12) calendar months from the date on which the construction thereof is commenced. No building materials shall be stored on any lot except for the purpose of construction on such lot. All driveways must be paved with either asphalt, brick, concrete or similar materials. The driveway surface must be lower than the street to prevent damage from road equipment. No parts of any lots are to be used for ingress and egress of adjoining property without the written consent of Douglas McArthur Holloway and wife, Darnell Young Holloway. 6. No trade or business. No trade or business and no noxious or offensive activity shall be carried on upon any tract or lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. No livestock, goats, poultry, or animals other than two household pets may be kept on this property. Household pets should not be allowed to roam the neighborhood or otherwise become a nuisance. Household pets shall include only caged birds and tame and domesticated dogs and cats. The provisions hereof shall not be deemed to permit the keeping of domestic fowl such we chickens, geese, ducks or guinea. Animals used for hunting or stalking prey are also forbidden. No sign or billboard of any kind shall be erected or allowed to remain on any lot other than a "For Sale sign or signs used by a builder to Book 1024 Page 1214 advertise the property during the construction and sales period and no such sign permitted shall be larger than eighteen inches square. All residences shall be owner occupied and no such buildings shall be leased, rented, let, sublet, assigned temporarily or loaned to third persons. 7. Other use restriction : The assembly or disassembly of a motor vehicle shall not be conducted within the subdivision. No junked vehicles are allowed within the subdivision. The use of firearms such as rifles, handguns and shotguns are not allowed. The use of bows and arrows, B-B guns and pump guns is also prohibited. No motor vehicles or motor bikes are permitted in parks or walkways, except for maintenance vehicles. All vehicles must be parked off of street rights-of-way except for temporary parking in case of emergency. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers which are concealed from public view. All equipment for the storage of waste materials shall be kept in a clean and sanitary condition. Any area disturbed due to grading, erosion, etc., must be landscaped or stabilized and reseeded by its current owners. All efforts should be made to blend lots together. No open drain lines or discharge of any kind into Lake Hickory or Gold Creek is allowed, except for the natural flow of surface water. No elevated tanks of any kind shall be erected, placed or permitted on any part of the subdivision, provided that nothing herein shall prevent Douglas McArthur Holloway and Darnell Young Holloway from erecting, placing or permitting the placing of tanks and other water, or utility system apparatus within such subdivision for the use of the water or utility serving such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or welled sufficiently to conceal them from the view from neighboring lots, roads, or streets. No electric receiving devices, including TV/Radio Antennas, dishes or other hardware, including but not limited to fences may be placed closer to the street than the front of the dwelling. Corner lots need to keep such devices 25 feet from side streets. 8. Building set-back lines : All buildings constructed, including eaves, gutters and overhangs, shall be at least thirty (30) feet from the front property line, at least ten (10) feet from side property lines, and at least twenty-five (25) feet from the rear property line. No part of any fence shall be nearer to the front property line than the front of the dwelling. In addition, on corner lots, fences must be kept twenty-five (25) feet from all street rights-of-way.

8 9. Utilities and rights-of-way: These lots are subject to existing rights-of-way of the North Carolina Board of Transportation, Power Company and Cable Television Company. Hereby reserved is a ten (10) foot easement along the front, rear and side lines of all lots for any future utility needs such as telephone, electrical, water, sewer, gas Book 1024 Page 1215 transmission or communication lines. Water run-off from rain, snow, etc., from higher elevations, must be received by lower laying lots. Community service lines such as water and sewer may be run wherever necessary to get the proper lift or fall. All disturbed areas are to be reseeded by the current owners of the lot. Lots 77, 78, 79 80, 81, 82, 83, 84, 85, 86 and 87 contain a 15 foot easement across the back, for public walkway, greenway and utilities. No fences or other obstacles may be placed within this area. Lot owners have the option of landscaping and maintaining this area. The developer or his assigns have the option of keeping the 15 foot easement open in a fashion that would allow the use of maintenance equipment. No riding vehicles, manual or Self propelled, are permitted in this area except for development, maintenance, lawn care, fire protection, utility service, police protection, security patrol or special events approved by the developer or his assigns. Riding vehicles Shall include, but not be limited to, bicycles, motor bikes, electric cars, golf carts, autos, trucks and go-karts. 10. Property Owners Association. All property owners in Gold Creek Bay are subject to the by-laws of the Gold Creek Home Owners Association, Inc., as recorded September 14, 1988 in Book 014 at Page 104 of the Caldwell County Registry, and are subject to the restrictions of Gold Creek Phase I, Phase II, and Phase III, except where modified herein for Gold Creek Bay. The Association is for the purpose of maintaining the beauty, safety, Setting and attraction of the development and the comfort and pleasure of the inhabitants. Further purpose of the Association shall to maintain roads, traffic control, general planting within roadway and common areas, and all community services of every kind and nature required or desired within the subdivision for the general use and benefit of all lot owners. Each and every lot owner, in accepting a deed for any lot within the subdivision, agrees to and shall be a member of and be subject to the obligations and duly enacted by-laws and rules of the Association. The Association will be a non-profit association, which will have authority to levy and assess dues and special assessments and Shall be governed by a Board elected annually by majority vote of lot owners, each lot being entitled to one vote. Douglas McArthur Holloway and Darnell Young Holloway shall have the right to grant and convey all their rights to enforce these covenants, conditions, reservations and restrictions to the Association at such time as in their sole judgment the Association is ready to undertake the obligation of enforcing and exercising them. Upon such conveyance and grant, the Association shall have and shall succeed to, all rights and duties with the same powers as the grantors. All of the rights reserved herein to Douglas McArthur Holloway and wife, Darnell Young Holloway, are alienable, inheritable and assignable. The Holloways also reserve to themselves, their heirs and assigns, the right to use all parks, walkways, rights-of-way, access areas, ponds or other common areas within the subdivision. 11. Zoning - State and Federal laws and regulations. All purchasers of lots within the subdivision are put on notice that Book 1024 Page 1216 all, or some, areas within the subdivision are subject to local zoning ordinances, Federal and State laws concerning land control, use and other matters and that these ordinances, rules, laws and regulations may from time to time change as allowed by law. Duke Power Company and its assigns and successors also may have certain enforceable regulations concerning aster front use and access.

9 IN WITNESS WHEREOF, the undersigned have caused these presents to be signed and sealed this the 30 day of August, NORTH CAROLINA CATAWBA COUNTY Notary Seal and signatures on record Amendment To Covenants (Gold Creek Bay - Phase IV) NORTH CAROLINA Douglas McArthur Holloway (SEAL) Darnell Young Holloway (SEAL) BOOK 1028 PAGE 0360 AMENDMENT TO RESERVATIONS, CONDITIONS AND RESTRICTIVE COVENANTS FOR GOLD CREEK BAY (GOLD CREEK - PHASE IV) Plat Book 14 at Page 170 as recorded in Book 1023 at Pg 1213, Caldwell County Registry. CALDWELL COUNTY PURSUANT TO the rights of Douglas McArthur Holloway and wife, Darnell Young Holloway as outlined in paragraph 10 of Reservations, Conditions and Restrictive Covenants for Gold Creek Bay (Gold Creek Phase IV) as recorded in Book 1023 at Page 1212 of the Caldwell County Registry, and prior to conveyance to the Property Owners Association, Paragraph 5 of said document is amended to read as follows: 5. Construction of buildings : The exterior of all dwellings constructed in this subdivision shall be principally of brick, stone, wood, stucco, aluminum or vinyl siding, which siding shall have a vertical height of no less then four inches, or combinations of any of the said materials. Manufactured homes and mobile homes are not permitted. All homes constructed in this subdivision shall contain a minimum of fourteen hundred (1,400) square feet of heated

10 and finished floor space, exclusive of porches, garages, breezeways and basements. If the home as constructed has 1 1/2 or more stories, or is a split-level, a minimum of 850 square feet of finished and heated floor area must be on the main level. The main level shall consist of all floors within 2 feet elevation of each other. No cement or cinder blocks shall appear above ground level. The exterior of any such house or building shall be completed within twelve (12) calendar months from the date on which the construction thereof is commenced. No building materials shall be stored on any lot except for the purpose of construction on such lot. All driveways must be paved with either asphalt, brick, concrete or similar materials. The driveway surface must be lower than the street to prevent damage from road equipment. No parts of any lots are to be used for ingress and egress of adjoining property without the written consent of Douglas McArthur Holloway and wife, Darned Young Holloway. IN WITNESS WHEREOF, the undersigned have caused these presents to be signed and sealed this the 21st day of September, Signed Douglas McARTHUR Holloway ( SEAL) Darnell Young Holloway ( SEAL ) (Signatures on file) BOOK 1028 PAGE 0361 NORTH CAROLINA CATAWBA COUNTY I (Carolyn R. Sigmon (Signature)) Notary Public in and for said County, and State,-do hereby certify that Douglas McArthur Holloway and wife Darnell Holloway, personally appeared before me this day and acknowledged the due execution of the foregoing instrument The preceding certificate of Carolyn R. Sigmon NP of Catawba County, NC is certified to be correct. This the 29 day of October Lois Green (Signature) Register of Deeds of Caldwell County Presented for registration at 3:10 o'clock P.M.this 29 day of October, 1990, and recorded in the office of the Register of Deeds for Caldwell County, N.C., in Book 1028 at Page 360 Lois Green (Signature) Register of Deeds of Caldwell County (Lois Green date stamp on file)

11 Covenants Phase V Book 1142 Page 0137 Filed Lois Green 95 AUG 17 A10:41 NORTH CAROUNA Book 1142 Page 0137 RESERVATIONS, CONDITIONS AND RESTRICTIVE COVENANTS FOR GOLD CREEK PHASE V CALDWELL COUNTY KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Keith Charlie Gragg and Luther Charlie Gragg, owners of all of the property shown on the map recorded in Plat Book 16 at page 95 in the Office of the Register of Deeds for Caldwell County, North Carolina, do hereby place upon said property the following restrictive covenants, reservations and restrictions, to run with said lands, as set forth hereinafter, and do hereby covenant that all said lots in said subdivision, except as hereinafter described, shall be sold subject to such covenants, reservations and restrictions: 1. Covenants to run with the land: These covenants are to run with the land and shall be binding on all parties and all purchasers and successors in interest, claiming under them until January 1, 2010, at which time said covenants shall be automatically extended for continuous successive periods of ten (10) years, unless after said date, by a vote of those persons then owning a majority of said lots, it is agreed to amend, cancel or alter said covenants in whole or in part. For voting purposes, joint owners, partners or tenants in common may individually vote their pro-rate share to be determined by their share of ownership. Owners by the entirety shall each have the privilege of voting a onehalf share. Spouse with marital interests shall have no vote. Each lot in the subdivision shall be given one vote. 2. Remedies for violations: If the owner or owners of any lot shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision as shown on said plat to prosecute and proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing, or to recover damages for such violation. An enforcement of any legal right hereunder shall not be a waiver of other rights accorded hereby or otherwise. 3. Invalidation: Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 4. Residential Lots: All lots in said subdivision, as shown on the referenced plat, except as hereinafter mentioned, are hereby restricted to single family residential use. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single dwelling. No structures of a temporary character, including but not limited to trailers, mobile homes, shacks, lean-to s or tents may be placed or erected on said lots. Detached buildings, separate garages and out buildings, storage or otherwise, are not permitted. None of the said numbered lots as shown on said recorded plat shall be re-subdivided so as to create an additional building lot, except that Keith Charlie Gragg and Luther Charlie Gragg, reserve the right to subdivide any of the said lots. Where a residence has been erected on a plat consisting of two a more lots, none of the said lots shall thereafter be sold separately until said residence has been removed therefrom. No structure shall be erected, altered, placed or permitted to retain on any lot other than one detached. single-family dwelling. No trailer, camping vehicle, tent, basement, shack, garage or other outbuilding erected on these lots shall be used at any time as a residence, temporarily or permanently. 5. Construction of Buildings: The exterior of all dwellings constructed in this subdivision shall be principally of brick, stone, wood, stucco or alumimun vinyl siding, which siding shall have a vertical height of no more than four inches, or combination of any of the said materials. Manufactured homes and mobile homes are not permitted. All homes constructed in this subdivision shall contain a minimum of fourteen hundred (1,400) square feet of heated and finished floor space, exclusive of porches, garages. breezeways and basements. If the home as constructed has more than 1 1/2 or more stories, or is a split-level, a minimum of 850 square feet of finished and heated floor space must be on the main level. The Book 1142 Page 0138 main level shall consist of all floors within 2 feet elevation of each other. No cement or cinder blocks shall appear above ground level. The exterior of any such house or building shall be completed within twelve (12) calendar months from the date on which the construction thereof is commenced. No building materials shall be stored on any lot except for the purpose of construction on such lot. All driveways must be paved with either asphalt, brick, concrete or similar materials. The driveway surface must be lower than the street to prevent damage from road

12 equipment. No parts of any lots are to be used for ingress and egress of adjoining property without the written consent of Keith Charlie Gragg and Luther Charlie Gragg. 6. No trade or business: No trade or business and no noxious or offensive activity shall be carried on upon any tract or lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. No livestock. goats, poultry, or animals other than two household pets may be kept an this property. Household pets should not be allowed to roam the neighborhood or otherwise become a nuisance. Household pets shall include only caged birds and tame and domesticated dogs and cats. The provisions hereof shall not be deemed to permit the keeping of domestic fowl such as chickens, geese, ducks or guinea. Animals used for hunting or stalking prey are also forbidden. No sign or billboard of any kind shall be erected or allowed to remain on any lot other than a "For Sale" sign or signs used by a builder to advertise the property during the construction and sales period and no such sign permitted shall be larger than eighteen inches square. All residences shall be owner occupied and no such buildings shall be leased, rented, let, sublet, assigned temporarily or loaned to third persons. 7. Other use restrictions: The assembly or disassembly of a motor vehicle shall not be conducted within the subdivision. No junked vehicles are allowed within the subdivision. The use of firearms such as rifles, handguns, and shotguns are not allowed. The use of bows and arrows, B-B guns and pump guns is also prohibited. No motor vehicles or motor bikes are permitted in parks or walkways, except for maintenance vehicles. All vehicles must be parked off of street rights-of-way except for temporary panting in case of emergency. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers which are concealed from public view. All equipment for the storage of waste material shall be kept in a clean and sanitary condition. Any area disturbed due to grading, erosion. etc., must be landscaped or stabilized and reseeded by its current owners. All efforts should be made to blend lots together. No open drainlines or discharge of any kind into Lake Hickory or Gold Creek is allowed, except for the natural flow of surface water. No elevated tanks of any kind shall be erected, placed or permitted to remain on any part of the subdivision, provided that nothing herein shall prevent Keith Charlie Gragg end Luther Charlie Gragg from erecting, placing a permitting the placing of tanks and other water, or utility system apparatus within such subdivision for the use of the water or utility serving such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or welled sufficiently to conceal them from the view from neighboring lots, roads, or streets. No electric receiving devices, including TV/radio antennas, dishes or other hardware, including but not limited to fences may be placed closer to the street than the front of the dwelling. Corner lots need to keep such devices twenty-five (25) feet from side streets. 8. Building set-back lines: All buildings constructed, including eaves, gutters and overhangs, shall be at least thirty (30) feet from the front property line, at least ten (10) feet from side property lines, and at least twenty-five (25) feet from the new property line. No part of any fence shall be nearer to the front property line then the front of the dwelling. In addition, on corner lots, fences must be kept twenty-five (25) feet from all street rights-of-way. 9. Utilities and rights-of-way: These lots are subject to existing rights-of-way of the North Carolina Board of Transportation, Power Company and Telephone Company and Cable Television Company. Hereby reserved is a ten (10) foot easement along the front, rear and side lines of all lob for any future utility needs such as telephone, electrical, water, sewer, gas, transmission or communication lines. Water run-off from rain, snow, etc. from higher elevations, must be received by lower laying lots. Community service lines such as water and sewer may be run wherever necessary to get the proper lift or fall. All disturbed areas are to be reseeded by the current owners of the lot. Lots 77, 78, 79, 80, 81, 82, 83, Book 1142 Page , 83, 86 and 87 contain a 15 foot easement across the back, for public walkway, grcenway, and utilities. No fences or other obstacles may be placed within this area. The developer or his assigns have the option of keeping the 15 foot easement open in a fashion that would allow the use of maintenance equipment. No riding vehicles, manual or self propelled, are permitted in this area except for development, maintenance, lawn care, fire protection. utility service, police protection, security patrol or special events approved by the developer or his assigns. Riding vehicles shall include. but not be limited to, bicycles, motor bikes, electric carts, golf carts, autos. trucks, and go-carts. 10. Property Owners Association: All property owners in Gold Creek Phase V are subject to the by-laws of the Gold Creek Home Owners Association. Inc., as recorded September 14, 1988 in Book 014, to Page 104 of the Caldwell County Registry, and are subject to the restrictions of Gold Creek Phase 1, Phase It, Phase 111, and Phase IV (Gold Creek Bay). except where modified herein for Gold Creek Phase V. The Association is for the purpose of maintaining the beauty. safety, setting and attraction of the development and the comfort and pleasure of the inhabitants. Further purpose of the Association shall be to maintain roads, traffic control, general planting within roadway and common areas, and all community services of every kind and nature required or desired within the

13 subdivision for the general use and benefit of all lot owners. Each and every lot owner, in accepting a deed for any lot within the subdivision, agrees to and shall be a members of and be subject to the obligations and duly enacted bylaws and rules of the Association. The Association will be a non-profit association, which will have authority to levy and assess dues and special assessments and shall be governed by a Board elected annually by majority vote of lot owners, each lot being entitled to one vote. Keith Charlie Gregg and Luther Charlie Gragg shall have the right to grant and convey all their rights to enforce these covenants, conditions, reservations and restrictions to the Association at such time as in their sole judgment the Association is ready to undertake the obligation of enforcing and exercising them. Upon such conveyance and grant, the Association shall have and shall succeed to, all rights and duties with the same powers as the grantors. All of the rights reserved herein to Keith Charlie Gragg and Luther Charlie Gragg, are alienable, inheritable and assignable. The Greggs also reserve to themselves, their heirs and assigns, the right to use all pants, walkways, rights-of-way, access areas, ponds or other common areas within the subdivision. 11. Zoning- State and Federal laws and regulations: All purchasers of lots within the subdivision are put on notice that all, or some, areas within the subdivision are subject to local zoning ordinances, Federal and State laws concerning land control, use and other maters and that these ordinances, rules. laws and regulations may from time to time change as allowed by law. Duke Power Company and its assigns and successors also may have certain enforceable regulations concerning water front use and access. Book 1142 Page 0140 IN WITNESS WHEREOF, the undersigned have caused these presents to be signed and sealed this the 4 _ day of August (seal) (SEAL) NORTH CAROLINA CALDWELL COUNTY I, Jodie L. Carpenter. Notary public in and for said County and State, do hereby certify that Keith Charlie Gragg and Luther Charlie Gragg, personally appeared before me this day and acknowledged the due execution of the forgoing instrument. Witness my hand and notarial seal, this 4th day of August My commission expires: Auaust The forgoing certificate of Jodie L. Carpenter is certified to be correct. This the 17 day of August Presented for registration at 10 : 41 o'clock A M. this 17 day of August, 1995, and recorded in the office of the Register of Deeds for Caldwell County, N.C. in Book at Page 137