Declarant reserves the right to subject additional properties to the terms and provisions of these Protective Covenants by recordation of an amendment hereto specifically describing such property. The property which may be made subject to the terms and provisions of these Protective Covenants is described on Exhibit A attached hereto, but may include additional adjacent properties thereto (adjacent being defined as inclusive of properties across a right of way or water body). All or any part of such property may be subjected hereto; such property may be subjected hereto in one or more sections. However, to the extent that any portion of such property has not been subjected to the terms and provisions of these Protective Covenants by recordation of an amendment to these Protective Covenants in the office of the Register of Deeds of Craven County, which amendment specifically exercises such right, on or before December 31, 2008, this right shall terminate. Lots and Living Units made subject to the terms and provisions of these Protective Covenants by amendment shall be liable for payment of dues as specified in such amendment; but in no event, except as specifically provided for herein, shall dues for Lots and Living Units within each Community be payable later than the conveyance by Declarant of any Lot or Living Unit within said Community to a third party. Notwithstanding this provision, to the extent that Declarant conveys unsubdivided property or multiple Lots to a third party builder/developer for the purpose of such third party constructing thereon Living Units, said property need not be subjected to the terms of these Protective Covenants until such time as Living Units are constructed thereon, and dues need not be paid until such time as specified in the amendment subjecting such properties to the terms of these Protective Covenants, which time may be at time of conveyance of such Living Unit to a third party following completion of construction.
Declarant may alter or change the particular building and site utilization restrictions and provisions contained within these Protective Covenants for different Communities within Taberna. The particular building restrictions and site utilization restrictions contained within the amendment hereto subjecting additional property to the terms and conditions hereof shall be binding upon the properties described in such amendment; to the extent that there are no such modifications contained . in such amendment, however, all of these terms, provisions and conditions, including all building restrictions and site utilization restrictions contained herein, shall be fully applicable to such annexed properties. Notwithstanding this right of the Declarant to impose different restrictions on properties annexed hereto, all such annexed properties shall be subject to the architectural standards and review procedures contained in Section 5 of the Protective Covenants, and shall further be made subject to the following restrictions (it being the intent of Declarant not to annex the Taberna Golf Club to the provisions of the Protective Covenants).
- Except as more fully set out in this sub-paragraph, all Lots shall be limited to residential utilization only. There is shown on the plat of Phase I of Taberna, dated August 11, 1995 (Exhibit B attached hereto) three tracts labeled Weyerhaeuser Real Estate Company Commercial. Two of those tracts are located between US Highway 70 and the Atlantic and North Carolina Railroad right-of-way, and the third tract is more fully described on Exhibit A-l attached hereto. Non-residential usage shall be allowed on those three tracts. Nothing shall prohibit the utilization of property within Taberna for recreational purposes, with facilities appurtenant thereto.
- The owner of each Lot and Living Unit must be a member of the Association. Nothing herein or in any amendment hereto shall obligate the owner of any non-residential property to be a member of the Association.
- The owner of each Lot and Living Unit must pay dues and assessments to the Association as specified within these Protective Covenants. Nothing contained herein or in any amendment hereto shall obligate the owner of any non-residential property to pay dues or assessments to the Association, but contributions for road maintenance may be required by agreement between Declarant and the owners of such non-residential tracts.
- There shall be no more than Eight Hundred Twenty Five (825) Living Units within the property described on Exhibit A.
No amendment hereto annexing additional properties shall in any way alter any of the terms, provisions or conditions of these Protective Covenants as the same relate to the property described in Section 2. hereinbefore. Any amendment altering such terms, provisions or conditions relating to the property described in Section I hereinbefore must be adopted in accordance with the provisions of Section 9 hereinafter.