OLD SOUTH COVENANTS

Property Subject to Declaration. The real property which is subject to this Declaration ("Lots") is situate in the Madison Magisterial District of Washington County, Virginia, and is known, numbered, designated and described as Lot Nos. 1 through 15, inclusive (each of which is herein referred to as a "Lot" or, collectively, "Lots") as the same are shown and described on those certain plats entitled in part "FINAL PLAT OLDE SOUTH", prepared by Addison Surveyors and dated April 8, 2022, which plat is of record in the Office of the Clerk of the Circuit Court of Washington County, Virginia in Plat Bok 87, Pages 51 and 52 ("Plat"), reference to which is hereby made for a more particular description of the real property hereby affected by this Declaration, and being a part of the real property conveyed unto the Grantor by Deed dated August 20, 1994 and recorded in the Office of the clerk of the Circuit Court of Washington County, Virginia in Deed Book 900, Page 350, reference of which is hereby made for a more particular description of the source of the real property hereby affected. All notes set forth on the Plat are incorporated herein by reference, the same as if said notes were set forth herein in full.Use Restrictions.All lots in Olde South Estates shall be used for residential purposes or those types of usages as set forth in the R2 zoning ordinance of Washington County, Virginia. This provision shall not exclude the use of said Lots or parcels of land for garages and gardens used in connection with said residence.No mercantile business of any kind or description shall be conducted on said property by any Lot owner or assignee thereof, and this is to be construed to also forbid the operation of boarding houses, rooming houses and tourist homes, without the written consent of the Developer, which consent may be withheld, conditioned or delayed by the Developer for any reason.No noxious noise-producing or offensive activity shall be carried on upon any Lot or street, nor shall anything be done thereon which may be or become an annoyance or nuisance to owners within Olde South Estates.No vehicle, travel home, camper or boat shall be parked on any street or public right-of-way within Olde South Estates. All recreational vehicles, boats, personal watercraft, and campers must be kept in enclosed, attached garages except for periods of cleaning, loading, and repair, all of which cannot exceed twenty-four hours.No inoperable or junk vehicle may be stored or maintained on any Lot. No outside clotheslines shall be erected or placed on any Lot.Grazing animals, livestock, bees, snakes, goats, sheep, pigs, wild or undomesticated animals, or poultry of any kind shall not be raised, bred or kept on any Lot, and animals of any kind, including dogs and cats, shall not be kept, bred, or maintained for any commercial purposes. Dogs and/or cats are allowed, provided that such pets shall be kept on each owner's Lot through invisible fencing or other means and shall not be allowed to roam free. Pet owners must comply with all applicable leash laws promulgated by Washington County or the Commonwealth of Virginia.Each Lot shall have a white, vinyl post mailbox and at least one LED Dusk to Dawn light at the driveway entrance, which items shall be purchased at cost from the Developer or a Developer-approved source to ensure uniformity throughout the development.All HVAC systems and propane tanks shall be suitably enclosed and screened from view.Only signs advertising a Lot for sale or signs used by a builder during the construction and sales periods of residences will be permitted. Such signs shall not be more than five (5) square feet in size.Trash, garbage, or other waste shall be kept in sanitary containers with suitable and attractive housing, and no Lot shall be used for the dumping of any kind of waste material, including building materials. Garbage containers shall not be placed on the street for garbage pickup until after 4:00 pm the day before scheduled garbage pickup, and shall be removed from the street area within twelve hours of pickup.All lawns shall be neatly mowed and maintained before, during, and after the construction of any dwelling thereon.All fencing, whether man made or live plantings, both as to kind, construction and location, must be approved by the Developer prior to its installation, construction or replacement, and in no event wil the Developer approve tall, man-made or natural property borders, such as privacy fences or tall-growing trees or shrubs. The Developer will approve white vinyl fencing up ot 52" in height, but not any fence of a "chain link" or "wire" construction—restricted Improvements.Restricted Improvements.No outside toilets, hog pens, barns, stables, or chicken houses shall be constructed on any of the Lots.No house trailer or mobile-type home shall be parked or used for living purposes on any Lot, and occupancy of a basement in an incomplete residence as a living quarters is prohibited.Building Regulations.No single-family residence shall be built on any Lot which shall contain less than 1800 square feet of floor space of living area, exclusive of basement, carport, breezeway, porches, terraces, and garages. All utility service lines servicing dwellings are to be installed from underground service connections.In-ground swimming pools and spas are allowed, provided that their location and design are approved by the Developer prior to construction.All dwellings shall comply with the building, setback, and zoning rules and regulations of Washington County, Virginia. For the purpose of setbacks, eaves, steps, and open porches shall not be considered a part of a building.No residence in Olde South Estates shall have exposed, above-grade on the exterior walls and foundations thereof any concrete, concrete blocks or cinder blocks, either plain or stucco however, this shall not exclude the use of ornamental concrete blocks on and around patios, courts, and porches in connection with residences.No shell-type home, that is to say, a residence for which the exterior only is completed by a contractor or distributor of such residence with the owner to complete the interior of the residence at a later date, shall be erected on any Lot in Olde South Estates.All residences in Olde South Estates, when constructed, shall have a driveway leading from the street in front of said residence to one of the sides or back thereof.No residence shall be erected without having a suitable walkway constructed for ingress and egress to the front door thereof, unless said front door opens on a porch or terrace which extends to the line of the driveway leading to the residence.All driveways must be paved with either concrete or a bituminous asphalt mix within three months after issuance of a Certificate of Occupancy unless weather prevents it.There shall be a minimum of eight (8) pieces of shrubbery placed about each residence in Olde South Estates, which shrubbery shall be placed at the time the residence is constructed or within a reasonable time thereafter. Building PlansLot owners shall submit three (3) sets of building plans to the Developer prior to securing a Building Permit. The Developer shall have ten (10) days to review and either approve or disapprove in whole or in part the building plans. If approved, two (2) signed copies will be returned to the owner, one of which will be used to secure the building permit.The plans shall show the location of:The size and location of all improvements on the LotThe main floor elevation relative to the street.The roof pitches) and roofing materialThe type and color of exterior building material, including windows and siding.All roofs must be covered in slate (real or synthetic), cedar shake, metal standing seam (colors of zinc gray, charcoal, gray, or copper only), architectural shingles, terra cotta, or tin, all of which must be prior approved by the Developer in writing.Acceptable exterior residence coverings are stone, cultural stone, brick, ProViatTM or similar insulated vinyl siding, HardieTM board, and similar others as allowed after Developer review.Acceptable residence styles are farm, ranch, cape cod, traditional, and country. Due to the environment, no contemporary style residences will be approved.The Developer may reject any plans (i) due to their non-compliance with the provisions of this Declaration, and (ii) in order to ensure harmony of external design, materials, and location in relation to surrounding structures. Construction or Destruction of Dwelling. If any portion of a dwelling or other Lot structure is damaged or destroyed by fire or other casualty, the owner shall, with all due diligence, promptly rebuild, repair, or reconstruct such structure in a manner that will substantially restore it to its apparent condition immediately prior to the casualty. When original construction or reconstruction is begun, work thereon must be pursued diligently and completed within one (1) year. fI for any reason work is discontinued and there is no substantial progress towards completion for a continuous period of three (3) months, then the Developer shall have the right to notify the owner of record of the premises of its intentions herein, enter the premises, and take such steps as may be required to correct an undesirable appearance, and the owner of the Lot shall be liable for all costs and expenses incurred therewith, including all reasonable attorney fees incurred to enforce the Developer's rights herein. Use of Lots as a Street. No Lot or portion of any Lot may be used for a roadway or a street to access to any property lying outside the boundaries of Olde South Estates without the written consent of the Developer, which consent may be withheld, conditioned or delayed by the Developer for any reason however, this restriction and reservation shall not apply to the Developer, and the Developer hereby expressly reserves the right to use or grant rights to others to use any (i) Lot or part thereof that it may now or hereafter own, (ii) street, (iti) easement area, or (iv) common area for a roadway, street or easement to access or service property lying outside the boundaries of Olde South Estates without the consent of any Lot owner.Further Subdivision. No Lot owner or successor in title thereto shall further subdivide any Lot without the written consent of the Developer, which consent may be withheld, conditioned, or delayed for any reason however, the Developer hereby expressly reserves the right to further subdivide or modify the boundaries of Lots. The Developer reserves the right to grant utility, access, and use easements over, across, and to any portions of the subdivision to third parties, in its sole discretion. Any easements granted in favor of said third parties shall inure to the benefit of said third parties, their beneficiaries, and assigns. Developer Rights. The Developer reserves the right and privilege, but shall have no obligation, to enter upon any Lot in Olde South Estates before the construction of any residence thereon to mow, cut, and remove grass and weeds upon all of the Lots in the said subdivision and remove such grass and weeds.Transfer of Developer Rights. The original Developer may, at any time, either (i) transfer and assign its rights and duties hereunder, either in whole or in part, to any other party or entity by the recordation of an instrument in the aforesaid Clerk's Office, at which time the assignee shall have all the rights and duties originally granted herein to the original Developer, or (i) resign as the Developer, either of which may be done without consent of any other party. In the event that the original Developer resigns without naming a successor Developer, then the owners of a majority of the Lots in Olde South Estates may name a successor Developer. Upon the original Developer's assignment or resignation, the original Developer shall have no further rights, duties, or liabilities arising from its role as the original Developer. All references in this Declaration ot the Developer shall mean any successor Developer.Term. These covenants shall run with the land and shall be binding on al of the Lots in Olde South Estates, and shall inure to the benefit of al persons owning said Lots for a period of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless modified by an instrument signed by a majority of the owners of the total number of Lots in Olde South Estates and recorded in the aforesaid Clerk's Office.Enforcement. If any person or future owners) of any Lot in Olde South Estates shall violate or attempt to violate any of the covenants, reservations or restrictions herein, the Developer or any other Lot owner may prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any of the said provisions, and either prevent such persons from so doing, or recover damages for such violations. In any such action, the prevailing party in such action shall be entitled to recover from the other party their reasonable attorney fees. Severability. Invalidation of any one of these covenants by a Court of competent jurisdiction shall in no way affect any of the other provisions, which shall remain in full force and effect and binding upon all Lot owners in Olde South Estates.Modification. Additions to, deletions from or modifications of this Declaration may be made at any time by an instrument signed by the Developer and a majority of the owners of the total number of Lots in Olde South Estates and recorded in the aforesaid Clerk's Office. Notwithstanding anything to the contrary herein, the Developer reserves the right, in its sole discretion, to modify or waive any restriction or condition outlined in this Declaration as the same would otherwise apply to any one or more Lots in the Olde South Estates. Headings. The paragraph headings in this Declaration are for ease of reference only and shall not be considered in construing any provision herein.