283832295 FILED, RECORDED, INDEXED

05/15/283 11:09:40:623

Rec Fee: $15.00 St Fee: $0.00

Co Fee: $0.00 Rags:9Lexinqton County ROD Debra H. GunterRESTRICTIONS Bk:Pq 8214:66

STATE OF SOUTH CAROLINA ) DECLARATION OF PROTECTIVE) COVENANTS, CONDITIONS AND

) RESTRICTIONS OF

COUNTY OF LEXINGTON ) WAVERLY PLACE PHASE IV

THIS declaration made and published this 14th day of May, 2003, by Lacey &Associates L.L.C. hereinafter referred to as Developer and Waverly Place Phase IVHomeowners Association, hereinafter referred to as Association.

WITNESSETH:

THAT whereas, the Developer is the owner of certain lands situated in the City ofLexington, County of Lexington, State of South Carolina, known as Waverlv Place PhaseFour Townhomes, as shown upon a bonded plat there prepared by Civil Engineering ofColumbia dated March 17, 2003, and recorded in the office of the register of deeds forLexington County in record book 8186 at page 288, and incorporated herein by referencethereto, and made a part and parcel hereof, and should be referred to for a more completeand accurate description of subject property, and

WHEREAS, the Developer desires to develop on said propeity a residentialcommunity o be known as WAVERLY PLACE PHASE TV and has deemed it desirablefor the preservation of the value of said property to have an organization which shall bedelegated and assigned, as hereinafter set forth, the power of maintaining andadministering and enforcing the terms and conditions hereinafter set forth in thisagreement, and also to perform any other functions that may be desirable to improve theenjoyment of living in WAVERLY PLACE PHASE IV and

WHEREAS, it is to the interest, benefit and advantage of the Developer and theAssociation and to each and every person who shall hereafter purchase a lot in saidsubdivision, that certain protective covenants governing and regulating the use andoccupancy of the same, and certain easements, reservations, and servitudes be imposedupon said property, and the same be established, set forth and declared to be covenantsrunning with the land.

NOW THEREFORE, for and in consideration of the premises and the benefits tobe derived by the Developer and the Association, and each and every subsequent ownerof any of the lots of said subdivision, the Developer does hereby set up, establish,promulgate and declare the following protective covenants to apply to all of said lots andto all persons owning said lots, or any of them hereafter:

ARTICLE I

RESIDENTIAL USE. BUILDINGS AND LOCATION OF STRUCTURES

1. All of the above-described lots shall be used for residential purposes only for theerection of one single-family dwelling. No structure shall be erected, altered,placed or permitted to remain on any residential lot other than one single-familyresidence.

2. No house trailer or heavy construction equipment, buses or commercial vehiclesshall be parked or stored in the subdivision except for construction purposesduring construction period. Camping vehicles, utility trailers, and outboard orinboard motorboats shall only be parked, placed, or stored in designated areas.

3. No lot shall be subdivided or its boundary lines changed, nor shall application forsame be made to the City of Lexington, except with the written consent of theDeveloper. However, the Developer hereby expressly reserves unto itself and itssuccessor, assigns, the full right and privilege to re-plat and change the boundarylines or subdivide any lot or lots owned by it, provided, however, that such rightand privilege shall not affect any lots already sold and provided that no suchresurvey shall be less in area than the smallest lot now shown in the subdivisionfrom which such resurveyed lot may be carved. In all cases or resubdivision ofany lots, the setback line and the side and rear line restrictions and the drainageand utility easements as set forth in these covenants shall be applicable to suchlots as resubdivided.

4. Zoning ordinances, restrictions and regulations of the City of Lexington, and itsvarious agencies applicable to the subject property shall be observed. In the eventof any conflict between any provision of these Declarations and such ordinances,restrictions or regulations, the more restrictive provision shall apply.

ARTICLE II

ARCHITECTURAL CONTROL COMMITTEE

1. Any person desiring to construct, repair, maintain, place, replace or reconstructany Improvement on any lot or to make any improvements, alteration or changesto any Improvement, in addition to obtaining any and all applicable propertyowner or governmental approvals, shall submit plans and any otherdocumentation required by the Architectural Control Committee to theArchitectural Control Committee, which shall evaluate, approve, disapprove orrefuse to approve in writing such plans in light of conformity and harmony ofexternal design with existing structures in the subdivision and as to the location ofthe improvement with respect to the topography and finished ground elevation.The Architectural Control Committee shall have complete discretion to approveor disapprove plans for any improvement, including for purely aesthetic reasons,and to withliold review of any and all plans submitted to it from an Owner who isnot in good standing as a Member of the Association, including without limitationmembers who owe past due assessments on any lot in the community.Improvement shall mean and refer to any thing or object upon any portion of theproperty including by way of illustration and not limitation, any dwelling or

building or part thereof, garage, porch, shed, mailbox, greenhouse, or bathhouse,coop or cage, covered or uncovered patio, siding, doors, fixtures, equipment, andappliances (including without limitation the heating and air-conditioning systemfor the dwelling), furniture, glass, lights and light fixtures (exterior), awnings,window boxes, window treatments, window screens, screen or glass-enclosedporches, balconies, decks, chutes, flues, painting, ducts, conduits, wires, pipes,plumbing, and other like apparatus, roofing, fencing, siding materials,playgrounds, playground equipment, tree houses and yard art, statuary, basketballgoals (permanent or temporary), or other temporary or permanent sportsequipment, fence, curbing, paving, driveways, walkways, wall or hedge, radio,television, wireless cable, or video antenna, satellite dishes, yard, lawn,landscaping, trees, shrubs, bushes, grass, well, septic system, sign, appurtenance,or signboard, whether temporary or permanent; any excavation, fill, ditch,diversion dam or other thing or device which affects or alters the natural flow ofwaters from, through, under or across any portion of the property, or which affectsor alters the flow of any waters in any natural or artificial stream, wash ordrainage channel from, upon or across any portion of the property; and anychange in the grade of any portion of the property of more than six (6) inches. Theforegoing items are listed only as examples of items that would constituteImprovements, if constructed or located on the property, and their inclusion in thisdefinition does not imply that each such item will be approved by theArchitectural Control Committee. The Architectural Control Committee shall becomposed of the Board of Directors or their appointed designees.

(Amended October 23, 2015)

2. Membership in the Architectural Control Committee shall be solely byappointment of the Developer until all of the lots which are now or may hereafterbe made subject to these Declarations shall have been improved by theconstruction of a. residential building unless said Developer shall in its solddiscretion earlier assign its rights of appointment to the Association. Thereafter,right of membership appointment shall be assigned by the Developer andAssociation.

ARTICLE III

LAND USE RESTRICTIONS

1. No poultry, swine, cows, goats, horses, mules or other farm animals or fowls orbait farms shall be maintained on any lot. No animal ot any kind shall be raised,bred or kept in the community, except domestic cats, dogs (each limited in weightto less than 40 pounds), and other typical household pets, up to a maximum oftwo (2) pets per lot, so long as the following are fully complied with:

A. Any Owner maintaining a domestic cat or dog weighing more than 40pounds is limited to one cat or dog total.

B. No animal shall interfere with, intimidate, threaten or have a reasonablelikelihood of interfering with, intimidating, or threatening, any person, therights of any owner or the peaceful and quiet enjoyment of thecondominium by any owner.

C. No animal shall constitute a nuisance, in the sole discretion of the Boardof Directors.

D. No animal shall be kept, bred, or maintained for commercial purposes.

E. The owner shall be responsible for the immediate and proper disposal ofall waste matter of all animals.

F. No outside animals shall be permitted and feeding areas for animals shallnot be maintained outside unless within the fenced in yard of the Owner toprevent the intrusion of wild or nuisance animals.

G. This section shall not be construed to restrict service or assistance animals.(Amended October 23, 2015)

2. No vegetable garden may be planted on any lot except in the rear or backyard ofany lot.

3. No noxious or offensive trade or activity shall be carried on upon any lot nor shallanything be done thereon which may be or become an annoyance or nuisance tothe neighborhood, nor should any such condition be permitted to exist. All lawns,yards, and grounds of each lot shall be maintained in a neat and orderly mannerconsistent with the standards and character of the development. All portions of thelot, to include front and back yards, shall be kept in a neat and orderly conditionand the owner shall prevent any underbrush, weeds, or other unsightly plants togrow upon the lot. No vehicle repairs or oil changes shall be carried out on theproperty with the exception of changing flat tires.

(Amended October 23, 2015)

4. Television, radio and CB antennas are not permitted without the prior writtenapproval of the Architectural Control Committee.

5. No portion of a lot, to include the front and back yards, shall be used ormaintained as a dumping ground for rubbish, trash, garbage, j unk, other waste orunwanted household items, to include without limitation, old furniture, electronicdevices, spare tires, automobile parts, broken items, etc. All garbage shall be keptin clean and sanitary closed containers. No garbage or domestic trash shall bedisposed of by burning or burying on any lot within this subdivision or adjacentproperty.

(Amended October 23, 2015)

6. No signs may be placed on any lot except "For Sale" and "For Rent signs, but inno event shall a signed exceed two (2) feet by three (3) feet in area.

7. Fences shall not be permitted to extend in front of the residence on a lot and mustbe approved by the architectural control committee as set forth hereinabove.

8. No junked or abandoned vehicles shall be allowed or permitted to be on any lot orcommon area for a period exceeding thirty (30) days, and any vehicle not bearinga cuiTcnt license plate issued by the South Carolina Department of Highways andPublic Transportation shall be considered abandoned.

9. No swimming pools, hot tubs or other structures containing large amounts ofwater, in the sole discretion of the Board, shall be permitted on any portion of alot.

(Amended October 23, 2015)

10. No owner shall make any changes or improvements to common area propertyabsent prior written approval of the Board, to include the addition or removal oflandscaping or ground cover. No owner shall place any personal property on anyportion of the common area, to include the parking areas.

(Amended October 22, 2015)

11. No passenger vehicles, buses, trailers or mobile homes, motorcycles, boats, boattrailers, all-terrain vehicles, go-carts, campers, vans or vehicles on blocks,unlicensed vehicles, or like vehicles shall be kept stored used, or parked on anystreet or cul de sac within the community, in the common area, or on any lot;provided, however, that two (2) passenger vehicles per unit may be parked inapproved designated private parking spaces. No unsafe parking shall be allowedon any streets in the community. All parking spaces contained in common areasshall be subject to any parking regulations created by the Board ot Directors.

(Amended October 23, 2015)

ARTICLE IV

RESERVATIONS OF EASEMENTS

1. Easements for the installation and maintenance of utilities and drainage facilitiesare reserved by the Developer over the rear ten (10) feet of each lot and over five(5^ feet from each side lot line, except where such side lines compose a commonwall to the individual residences, and overall areas designated as easements uponthe aforesaid plat of Waverlv PLACE PHASE IV provided that in the event of:resubdivision of any of the said lots under the provisions of Paragraph 3 of Article1 hereof, such side easements shall apply to the side lot lines of the lots asresubdivided in lieu ot the side lot line of the lots as shown on the original platreferred to above, unless the installation of utilities and drainage facilities shallhave been substantially completed, in which event the easement originallyreserved shall apply. Where an easement with larger dimensions is shown on saidplat, the larger easement shall apply instead of the easement herein reserved.

2. If any portion of a residence encroaches upon any other lot as a result ofconstruction, or reconstruction, ot the buildings, or it any such encroachment shalloccur hereafter as a result of settling or shifting of the buildings, there shall exist avalid easement for these encroachments and for the maintenance of the same solong as the residence stands.

ARTICLE V

MEMBERSHIP IN THE ASSOCIATION AND VOTING RIGHTS OF ITS MEMBERS

I. Membership. All owners of a single-family residential building lot or lots inWAVERLY PLACE PHASE IV shall thereby become members of theAssociation for so long as such ownership continues. Provided, however, that noperson or corporation in taking title as security for the payment of money or forthe performance of any obligations shall thereby so become entitled tomembership. Ownership of property as qualification for membership is definedherein as follows: Ownership of any such lot under recorded deed, whether theowner is occupant or not, or ownership under a bond for title or contract ofpurchase, if the same be accompanied by an actual occupancy of the lot inquestion. Ownership within the meaning and intention hereof shall cease upon thesale of any such lot of another by the owner thereof. Sale of any such lot withinthe meaning hereof shall mean and shall be effective upon the recording of anydeed conveying such lot to another, or the termination of occupancy of theproperty by the owner thereof accompanied by the giving of such owner toanother of a bond for title or contract of sale with respect to such lot.

The Developer shall be a member of the Association so long as it is an owner ofone or more residential lots as shown on the aforesaid plat.

Members of the Association shall consist of two classes. Class A members andClass B members, who respectively shall have the rights, voting privileges andduties as set forth in the bylaws of the Association and as hereinafter set forth, to-wit:

A. Class A members for the owners of the lots in WAVERLY PLACEPHASE IV shall initially consist of the Developer, who shall be entitled tovoting privileges, in the amount of one (1) vote for each residential lotowned by it in WAVERLY PLACE PHASE IV.

B. Class B members shall consist of all other owners of residential lots inWAVERLY PLACE PHASE IV, other than the Developer. Class Bmembers shall not have voting privileges until the Developer shall haveconveyed eighty percent (80%) of the residential lots as shown on theaforementioned plat, at which time Class B members shall automaticallybecome Class A members. In the event that a Class B member shall ownmore than one contiguous lot upon which only one residence isconstructed, such member, upon becoming a Class A member, shall beentitled to only one (1) vote and shall likewise only be subject to theimposition of dues and assessments calculated for a single lot pursuant toArticle VI of these Declarations, provided said residence is partiallyphysically located on each such contiguous lot. A corporation owning oneor more lots in WAVERLY PLACE PHASE IV shall have one (I) vote foreach lot owned, but no member, stockholder, director, employee or officerof such corporation shall acquire thereby any rights individually tobecome a member of the Association.

Duties of the Association.

A. It shall be the duty of the Association to impose and collect such dues,assessments, and other charges as it may deem necessary in accordancewith Article VI hereof, and to landscape and maintain the beautification ofall common areas and green spaces of WAVERLY PLACE PHASE TV asshown on the platthereof. In addition, the Association shall also repair andmaintain all roadways, sidewalks and parking areas of said Subdivisionlocated as shown on subdivision development plat incorporated herein.The Association may, in its discretion, have the additional duty ofrequiring all lot owners to maintain their property in accordance with thestandards set forth herein.

B. Maintenance of liability insurance for the Association in such amounts asshall be determined by its Board of Directors to protect the Associationagainst claims for which the Board of Directors determine should becovered, including, without limitation, insurance for the officers anddirectors in connection with their management of the Association.

ARTICLE VI

COVENANTS AND ASSESSMENTS IN FAVOR OF THE ASSOCIATION

1. Imposition of Assessment. Each member of the Association, as defined in ArticleV of these Declarations, obligates himself, herself, or itself, and by the ownershipof a residential lot in WAVERLY PLACE PHASE IV shall be deemed tocovenant and agree to pay the Association when due the annual or specialassessment for any dues or charges established hereby or by its Board of Directorsfrom time to time hereinafter provided. In no event shall ownership by theDeveloper of any residential, lot in WAVERLY PLACE PHASE IV beconstrued as imposing upon the Developer the duty or obligation of payingany dues, assessments, or other charges to the Association for such lots orareas.

Each residential building lot on the aforementioned plat of WAVERLY PLACEPHASE TV shall be made subject to a continuing lien to secure the payment foreach annual or special assessment or charge when due.

2. Amount of the Assessment. Such annual or special assessment or charge shall bein an amount to be fixed from year to year by the Board of Directors of theAssociation provided, however, that the amount of each annual or specialassessment shall be in equal amounts with respect to each lot subject to suchcharge or assessment under the terms of these Declarations. Such annualassessment is presently fixed at Two Hundred Forty and No/I 00 Dollars($240.00) per lot, subject to be changed by majority vote at the annual meeting ofthe Association. Also, special assessments may be imposed by majority vote at anannual meeting or special meeting of the Association called in accordance with itsbylaws.

Each such annual assessment shall be due and payable in quarterly installments,in advance on January 1, April 1, July 1, and October 1 of each year, beginningOctober 1, 2003. The initial quarterly payment shall be prorated at the closing ofany lot or property. Special assessments imposed in accordance with theseDeclarations and the bylaws of the Association shall be due and payable at suchtime as the Association designates.

3. Use of the Assessment. The amount so paid to the Association shall beadministered by the Association and may be used for the payment of expensesincurred for the following purposes:

A. Maintenance of entrance sites, entranceways, medians, common areas,green spaces of WAVERLY PLACE PHASE IV. including, but notlimited to, the primary entranceway to WAVERLY PLACE PHASE IValong the right of way of Old Chapin Road;

B. Maintenance of sanitary sewer lines from the exterior wall of eachresidential unit to the municipal sewer line;

C. For such puiposes as set forth in the bylaws of the Association as theynow exist or as the same may be hereafter amended;

D. For such other lawful purposes as the Board of Directors of theAssociation shall determine.

4. Dedication of Common Areas. Green Space, etc. The Developer shall convey titleto the common areas and green spaces of WAVERLY PLACE PFIASE TV,including, but not limited to, the primary entranceway to WAVERLY PLACEPHASE IV along the right of way of Old Chapin Road to the Association at suchtime as it, in its sole discretion, deems proper but not later than such time aseighty percent (80%) of the residential building lots located in WAVERLYPLACE PHASE TV shall have been conveyed or made subject to a contract ofsale from the Developer.

ARTICLE VII

ADDITIONAL PROPERTY SUBJECT TO THESE DECLARATIONS

1. Additional contiguous real estate which the Developer may decide to add to thescheme of the development herein set forth may be subjected to and placed withinthe jurisdiction of the Association upon the written designation of the Developerat the sole option of the Developer extending the terms of these Declarations tosuch other property, and the same shall be effective upon the fding of same forrecord in the Office of the Register of Deeds for Lexington County, State of SouthCarolina. Such supplementary declarations or agreements may contain suchmodifications of the terms of these Declarations as may be deemed necessary orappropriate by the Developer to reflect the different character, if any, of saidadditional real estate. In no event, however, shall such supplementary declarations

be construed so as to revoke or modify the terms hereof with respect to theproperty shown on the aforementioned plat of WAVERLY PLACE PHASEIV.

2. The Developer reserves unto itself and its successors and assigns, or heirs andassigns, as the case may be, the full and absolute right to extend the streets, roads,parking areas, utilities, storm drainage systems, and water and sanitary sewersystems to such additional real estate as may be added to the scheme of thedevelopment as herein set forth.

ARTICLE Vlll

REMEDIES FOR VIOLATIONS OF THESE DECLARATIONS

In the event of a violation or breach of any of the declarations and restrictionscontained herein by any owner, or agent of such owner, the owners of the lots inWAVERLY PLACE PHASE IV or the Association or the Architectural Control

Committee or any of them jointly or severally shall have the right to proceed at law or inequity to compel the compliance to the terms hereof or to prevent the violation or breachof the covenants herein contained or recover damages for such violation. In addition tothe foregoing, the Developer or the Association or the ACC have the right, wheneverthere shall have heen built on any lot in the Subdivision any structure or other conditioncreated which is in violation of these restrictions, to enter upon the property where suchviolations exists and summarily abate or remove the same at the expense of the owner, ifafter 30 days written notice of such violation, it shall not have been corrected by the lotowner. Any such entry and abatement or removal shall not be deemed a trespass. Thefailure to enforce any rights, reservations, restrictions or conditions contained in thisDeclaration, however long continued, shall not he deemed a waiver of the right to do sohereafter as to the same breach or as to a breach occurring prior or subsequent thereto andshall not bar or affect its enforcement. Provided, however, that no violation of anycovenant or restriction shall constitute a forfeiture or reversion of title hereunder.

In the event the Developer, the Association, the ACC or the owners of any lot or lots inWaverly Place Phase IV shall bring an action at law or in equity as provided hereinabove,the prevailing party in any such action shall be entitled to recover attorneys' fees and costof such action in an amount to be determined by the court of competent jurisdictionhearing same.

Notwithstanding the foregoing, in the event that any owner fails to comply with any ofthe provisions of the Declaration, the By-Laws of the Association, the architecturalrequirements and regulations established and amended by the Board of Directors, relatingto any portion of the community, including without limitation violations occurring onlots, common areas, and streets, the Board of Directors may issue a monetary fine againstthe responsible lot owner(s) in amounts as it determines in its sole discretion, which shallbe considered an assessment and which is a lien on the lot ol that owner(s). Prior toissuing a fine, the owner shall be given a violation notice with a reasonable time to curethe violation. If the violation is not cured within this time period, the fine shall be addedto the owner's account to be collected pursuant to the Association's collections policy.

(Amended October 23, 2015)

ARTICLE IX

SEVERABILITY CLAUSE

The invalidation of any one or more paragraphs or portions of these Declarationsand agreements by judgment or decree of court or competent jurisdiction shall in no wayaffect any of the other provisions, which shall remain in force and effect.

ARTICLE X

EFFECTIVE PERIOD

These Declarations and agreements shall be effective immediately upon the filingof the same for record in the Office of the Register of Deeds, Lexington County, SouthCarolina; shall thereupon run with the land and be binding upon all persons or parties andtheir heirs, successors or assigns claiming title under or through the Developer, for aperiod of twenty (20) years from the date hereof, and shall be continued automaticallyand without further notice from that time for a period often (10) years thereafter forsuccessive periods often (10) years without limitation, unless by a vote of a two-thirds(2/3) majority of the then owners of the lots it is agreed to change said covenants inwhole or in part. These restrictions may be amended from time to time by the owners oftwo-thirds (2/3) of the lots in said subdivision.

So long as the Developer shall hold title to any portion of the hereinabovedescribed property, the Developer as well as its successors, assigns, or heirs, as the casemay be, shall have, and are hereby granted, the exclusive right, exercisable at any timeand from time to time, to amend or to grant exceptions to these Declarations and towaive, repeal or vary these Declarations in any one or more respects whenever in the soleand controlled opinion of the Developer, such waiver, repeal or variance shall not bematerially detrimental to the general nature in development of WAVERLY PLACEPEIASE IV as a residential area.

The Developer has caused these presents to be executed by a majority of its dulyauthorized members this 14th day of May, 2003.

The Association has caused these presents to be executed by its directors this 14thday of May, 2003.