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3336 L DECLARATION OF PROTECTIVE COVENANTS, RESERVA nONS

RESTRICTIONS, EASEMENTS AND OWNERS MAINTENANCE ASSOCIATION OF APPLB KNOLLS ESTATES SUBmVISION

TIfIS DECLARATION made this 19th day of September, 2003, by Apple Knolls,

L L.C., a West Virginia limited li!lhility company

WHEREAS, the Declarant i~ owner: and developer of that certain tttJclofrca! . .

esUlte in Hedgesville District, Bcrkeley County, compriSing what is known as Lo!s lA,

IB,2 through 24,50 throull:h 60. and 64 through 78, mcluding Fwzy Peach Drive. in

Applc Knolls Estates Subdivision, a.~ shown upon a plat thereof dated Febntary 2, 1995,

prepared by Rickie G. Davy, WV U.S #535, and recorded in the Office of the Clerk of

the County Cornnrission of Berkelcy County, W~1. Virginia, in Plat Cabil1et No. 10, at

Slides 82 and 83

WHEReAS, to promote the orderly development of the Lot~ 1 A, Ill, 2 through

24, sO through 60, and 64 through 7R, jnc~lIding Fuzzy Peach Drive, in Apple Knolls . I

F.states Subdivision by a genenll plan providing for future maintenance and property I •

owner~ protection, the Developer hexeby ~csires to establish the following coven.1nts,

reservfltions, restrictions, eSlSemcnts and maintenance assessments.

THEREFORE, TInS DECLARATION wn"NESSETH' Thallhe said Declanml

hereby certifies, covenants, and declares that Lots lA, lB, 2 through 24, 50 thrOUgh 60,

and 64 through 78, ineluding Fuzzy Peach Drive, in Apple Knolls Estates Suhdivision,

are subject to and shall hereafter be sold subject to the following cuvenants, restrictions,

resen>!tlion.~, con.dition!laM association obligatio.lIS which Rhall run with the hmd and

accrue to the OWtleI:i ofalliots in said subdivision, to-wil-

1. Each lot conveyed in this subdivision shall be u'3ed sulely for t8sidmtial

purposes No lot shall be inlproved by more than One structure for occupancy, which I

structure sball be a :<:ingle-farnily residene6. Each residence must have at least H one bay !

atl .. '1ched garage, and any attached gnrnges or appurlenant sttUl'!UrcS shall. conform to t~e

exterior finish materials of the residence. Detached garages shall be permitted so long as

they contain a minimum of240 squlU'c feet with outside dimensions of 121ect by 2{) feet.

Any private storage building shall be consistent with the general design of the residence

snd $hall contain a maximum of 120 square feet of floor space snd have a minimum eigJlt

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(8) foot width. Storage buildings wIth metal exterior surfaces are hereby expressly

prohibited.

:2 Unless otherwise designated by pIal depiction or notations, no building,

swimming PQol, Or any other permanent structnre shall be constructed nearer than forty

(40) fect to any front lot line, twenty (20) feet to any side lot line, or twcnty (20) feet to

any rear lot Ii ne. No solid fonees shalll}e permitted on :laid lots with the exception of

those immediately surrounding a swimming pool area, which fence may be up to six (6)

fcet in heigbt. All other fence...; ~hall ~ot ~xceed fiye (5) feet in height All fencing

material I11lL<:t be pressure-treated lumber Ot chain-link, lIDless other material is approve(!

by Developer.

3. Declnrant shall approve all plans., bluepdnts and specifications for

rosidcnees to be ?onstructed on any lot. Ruch approval shall not be unreasonably

withheld.. No structure shall be greater than. two stories in height, exclusive of an attic

and basl,'mcnt. One-story rvsidmltiaI structure..~, inchlding, btlt nO! limited to, architectural

design typC's generally known !lIJ.d designated as rallcher, shall cOntain no less th..'Ul 1,800 i

square feet intt.nor living floor area on th~ grolUld floor Two-story residential structurcs I 1

shall contain not less than J., 700 tolal intdpor living f1001' area, which shall include a

minimum of 750 square feet interior livmg floor area on the ground floor A Cape Cod

residential structure shall contain nolless than 1,800 total inte.rlor living floor area which

shall include:'i minimum of 1,200 square fccL Split-foyer and hi-level residential

stnlctllres shall be prohibited. Porches, eaIports,. garages and breezewa.ys shall not bc

considered part of the interior living floor area.

4. The exterior finish OD. all residences shall he composed of brick. vinyl

siding, cedar siding, or stone veneer. AIly other exterior material finishea requested shall

be submitted lo the Declarant for approval

5 No structure of a t.emporary nalurc shall be occupied on any lot. No

trailer, mobile home, manufactured hom~, basement, lonl, shack, garage or any steel-I

frattled mobilc unit or other par:tially coniplctc or temporary buildings shall be occupied

upon any lot either ltlmpornrllyor pennaneutly. No residential building shall be occupied

for living purposes until the entire exterior thereof has been fully completed and an

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occupancy pt:mlit has been jssued by the appropriate governmental entity having

authori.ty over adherence to local building codes.

6. No signs, billboards, or advertising of any nature shall be erected, placed,

or maintained on the Lots l.n said Subdivision, nor upon any building erected thereon,

except address identification signs and normal "For Salt)" siglJs and signs adveltising or

promotin.g the Development or construction by the l)eclanmt or its construction

company. A right of way along the entrance and ail roads shall allow for a ~Ibdivision

identitication sign and street ilicntificatioh signs.

7 if a residence building is ~om:trllctl.".d upon any lot, each such lot oWJ)er

shall provide for off-Slrcct pal'king by dTivewllY or other off-street parking upon such lot

for at lcast two automobiles, exchlding full-slze vans, boata, trailerll, motor home.<;, b\lSOS,

delivt:ry trucks and troctOT trailers. All driveways mlL'rt be surfaced within six (6) months

of l~mpletion ofre.<:idencc with (',()llcrcte, asphalt, macadam OT a similar 5ubstance. A

carport or garage spact\ for such USc shall constitute adequate provision for such off-street

p3Ikins.

Any vehicle, excluding a recreational motor home, with a gross vehicle w\,'ight of

L\OOO pounds 'or greater shall not be pcrinitted to be parked on any lot. Full-size vao.s, .

boats, trailers, campers, motor homes and other permitted residential use vehicle.~ ~b.alI be I

ptuked to the side or rear of the home ill a dedicated permanent parking area whi{:h shall

be graveled Or paved.

8. Each lot shall be kept free from trash, ruhbish, j link and abandoned.,

unlicense.cl or inoperable motor vehicles or machinery Landscaping shall be completed.

sin1l11tancously with completion of a residence or as soon thereaftcr as weather condltions

will allow, inclUding the grading and seeding of all disturbed areas. Weeds, brush al)d

undergrowth shall be kept mowed or unu\,'I control so as not to crcate a nuisance or

llnsightly condition.. All molor voW.cles shall be insptlCtcd and licensed bytbe proper

authority

No 1ll).I!.iolls or offensive activity ~hall be pex-mitted on any 101, nor shall atlylhing

i be done thereon, which may be or bcconle an lIllD.oyance, hS:i:ard, or nuisance. Thel'e

shall not be m.aintained upon any Lot, any planl, anim.al, device 01' thing of any !:ort, the

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nonnal activities of which is in any way noxious, dangerous .. unsightly, unpleasant, or of

such a natorc as may diminisl1 or dt::Stroy the enjoyment oftne prOperty

9. No livestock, poultry, or other undomesticated animals shall be kept or

maintained upon the premises of any lot No commercial breedlug ofpets, such as dogs,

cats, birds, or other domesticated animals shall be con(l\rctcd upon any lot. All pets shall

be kept inside residence betwecm the hours of 11'00 p.m. and 1:00 a.m. Dog rLlnS, dog

houses or kennels s~a11 be ])CITIlitte<l On any lot All pels shall be contained at all time.q

upon a leash or within the confines of thc boundaries of the hOll1eowner having such I)et.

10.. No business, trade, Or conimercial acuvitie.o: shall be conducted upon any

. i lot with the exception of markcting and sales operations by the Developer \Ul~il such time

a.~ the last lot is sold and the reaidence is completed thereon. Such prohibition sball

includc professional offices and other part-time commercial t'ICtivities ..

11" Said lots shall not be fllrther subdivided or any boundary line Changed

except by the Declarnnt.

@ The Declarant hereby dedicates the rOt\ds to the A~soci.ation and property

owners within said Subdivib1.0n, Apple Knolls Estates, provided that such dedication shall

not inhibit convenient access to any lot within said Subdivision F'orpurposcs of road

maintenance,. traffic control, genoml pi anti OS Nld seeding withi.1l roadway area.~" and all

common comnmnity services of (lVery ki~d and nature requited and desired within said !

Subdivision for the general \lse and benefit of all lot OWlle,.s, each and every lot owner, by

accepting a deed for any lot in said Subilivision, agrees to the obligations imposed by

dulyenacled Artic.les, By~Laws and rules and shall be a member otthc Apple '«/lolls

Estates Homeowner's Association, Inc ..• a non-profit, non-stock corporation. It is also

understood that each lot owner in said Suhdivision shall be obUgated to pay Three

~ul1dred ;md 00/100 Dollars ($300.00) Road and Common Area Maintenance Fee on the

first day of each year beginning January 1,2003, to the Apple Knolls Homeowner's

Association, Inc", antl to pay such other tees and a.<;sessments as established by the

Association. TIle maintenance fee may ~e increased at allY time by a vote of the property

ownem, SO long as such lnoreasc eomplids with the provisions ofWcst Virginia Code

Annotated S~tion 368-1-203(2). Tn no event shall the annual average common expense

liability of any unit, eXClusive of optional user fees, and any insur.mce premi.ums paid by

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~}e association, exceed $500 00, as adjusted put.uom to Section 36B-l-t14 of the West

Virginia Code .Annotated It is !he express intention th81 this subdivision is considered a

limited ""pense liability planned community pursuant to Seclion 36B-t-203 of the Wet

Virginia Code Annotated, In voting. a property owner shall be entitled to one vote fot'

each lot owned. The anmml road and common area maintenance feo may be increa.~ed by

vote count that equals a majority of the number of lots within the subdivision.

The Declarant shall be ~x.empt from the payment of {he f'-'CS outlined herein 'nl,e

Declarant, on behalf of the a,,()('ialion, may collect fees ant! acl on behalf of the

association until the association is activated upon the sale ofthe last lot or at an earlier

date at th~ election of the beveloper Any fees or asses1tmel'J1S1 t.ogelhcr with interest and.

costs, shall be a pC[:;Ionalliability and ohligntion <.,f ilio lot owner and shall 2.1110 be It lien

upon the lot against which such asses:<;1nent is II1i:lclc, The Association shall have the right

to file among the Land Record. of Berkeley CounlY, West Virginia, a duly OXeC\lle<! ",d

acknowledged Notice of Lien with respect 10 each lot and itc: owner fotwhich any

assessment remain's unpaid, However, said assessment shHll be a lien whether or not fited

in said land records. Said at..'D. shall be subordinate to any rocordcd mortgage, deed of

trust, or vendor's lien to the extl:nl the lS$essment is for an obligation accroing after the

recordation of said mortgage, deed of trust, or vendor'. linc.

I

13. The Dcclarants hereby reservo unto themselves, theit sucCe$$QJ"5 or

... ign •• the following right" (1) the right 10 creel, install and maintain linos, polos,

ditches .. swales~ conduit and equipment n6ct.'Ssary for utility seIVice and stOmlWQler

purposes. including, bUl not limited to. telephanc:, ciectric" cahle, se-wer, natural gas,

water and drainagl:; (2) the right to grant easements or rights-of-way therefore; (3) the

right of ingress aad egress thereto, for the purposc of crcction,ln.~lfation, or

maintenance on,. over or under the areag de.siC.llated on the subdivision plat.

W ithln all reserved ea.'reY11ent areaS:. no structures, planting or other matelial shaH

be placed Of' permitted to remain which may damage Or intt:rfcre with the installation and

maintenance of utilities or which may change the direction, obstmct OT retard wafer flow

in drainage areas. The casement area and any improvements thereon. shall be maintained

COILtinuOU:ily by the o'"'-'ller of the lot in conjunction and cooperation with the association,

Mar · 14· 2008 3:10PM

public authority Or utility company wlric~ expressly asslUDCS responsibility for

maintenance, n:pair and upkeep.

Each fee simple owner of a lot upon which a Drainage E<L~ement Or Storm Wate.l'

Management Area is located shall have the authority and liabHity to ClIt the gTIls~ 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 wa!er management

within the Subdivision.

Declarant rcserve.'1 the right to use, allow, or pennit the use of all streets, roads,

and alleYll in the subdivision, now or hereinafter laid Ollt or designated for street

PliIpOSes, for tho location and installation of all public utilities or conunon services,

including pipes, wires, lines or fa.cilities. 'Declarant rcserve.'l the right to specify Or

dcsigllate the location of public utility poles. hydrants, junction boxes, guide wires or any

above ground 01' below ground installations which may affect Or interfere with the ingress

and egress to and from any lot subject 1.0 this Declaration.

The Declarant hereby further reserves the right to make any alterations,

amendments, revisions or changes to the plat or plat plans hereinbefor.e mentioned,

including changes .in the size of unsold lots and the relocation of stre:--ets an.d aUe)"!;,

provided that no change BhalJ. be made in the boundary line of any lot whi('.h has been

sold. The Developers shall ensure that st!-Ch change shall not thereailer deprive allY lot

which has been sold of free and undistl1TQed ingress and egress to the public highways

and roads.

14. Apple Knoll!; f.states Horrieowner's Association, Inc., the lJeveloper, or

any lot owner shall havc the right to enforce all rights, restl'jctions, eovenan~, conditions,

eMements, reservati ODS, liens or charges nOW Or hmrinafter imllOSOO or authorized by the

proviSions of this Declaration or hereinafter authorized by the Homeowm:r's Association.

The waiver or failure by the Association or by any owner to enforce compliance with any

provision for any lien, charge, covenant, or restriction upon violation or breach thereof

shall not be constructed as a waiver of rights or as an amendment hereto preventing

sub~quent enfOl'cement.

15 The invali&tt.ion Or advcrse flndingby valid decree ofa court of final

authority of any ODe or more of the covenants, resttjctions, easement.s, reservations, or

No .2267 p. 6 .

· 1 . 2 3:

provisions herein set forth or authorized shall in no way affect any of the other provisions

sct forth herein. The rCIllaining provisj O~$ herein shall remain in full force and etlect

16. Decl!tranl hereby reseJ."VeS the right to develop adjoining realty with

schemes of development or restrictions which may differ from the scheme and

restrictions evidL"JIced herein. No realty other than that described above shall be deemed

subject to this Declaration, unless and until specifically made subject hereto Additional

land.c; owned by the Developer Or which may be acquired by the Developer. may. twm

timc to time, be added to this Declaration and be subject to the conditions, restrictions ..

covenants, resm:vations .. and liens and olht:r obligations set forth herein. The Developer

is under 00 obligation to include adjoining propt:rtics within this Declaration, nor is the

devcloper uuder any obligation to colJtio.ue the same or similar restrictions for adjoining

propcrties, notwithstanding any benefit the additional property owncrs may receive from

access by thc streets and r<)!l.t!s set forth dn the aforementioned pl~. Additional lots or

pro}lerty may bo addcd to thjs Declaration by filing of record a ~uppler.oentnty declaration

of covenants, conditions, restrictions, easements and reservations with respect to the

additional property which shall extenu the scheme of coven.ants and restrictions and oth~

obligations ofthis Declaration and the association obligations to such additional

propertie.<:. Snch supplementary declaration ma.y contain such complimentary additions

and modifioations oftne covenants and rcstrictions contained in this beclaratIon as may

be nGCcssary to reflect lhe different chamctel', if aJ.ly, of the addcll properties and as are

not inconsistent with the scheme of this Declaration. ill no event shall such

supplementary declaratiOIl revoke, modify, or add to the CQve-.nants eslHblished by Ibis

declara.tion within the existingproporty

17 The..c;e covenants are to nm with the land and shall be binding On all parties

and all persons claiming under them for a pt,-nod of twenty (20) years from the date of

recording of this document. After which time, said covenants shall be automatically

extcnded for S1.lccessive five (5) ycar period, unJe.~s an inst.l1lment signed by seventy (70)

pereont pf thc then owners of the lots has belm recorded amending said covenants in

whole or in part

p.

.' Mar.14. 2008 3:11 PM

I8. All of the aforegoing matten; set forth in this Declaration shall he

incorporated by reference heret() in subsequent deeds fur. all lots idt."D.lificd in this

Declaration a.tld shall be bindlo.g and effcctive as though set forth verbatim in said deeds.

WlTNESS the following signatur~ and seals this _lrctay of ~<:iprgM.tv.., 2003

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

Appitl Knolls, LLC, A west Virginia limited liability C01llp8ny

By --'~ __ _ Member

The foregoing instruIIlCIlt was acknowledged before me this ~'-day of e, _ r-J 0&fJUn\~b . --.J2003, bY~"Xba \. Q:\i~ ..... ----.J asa

Member of Apple Knolls, LLC, a West Virginia limited liability company

My Conunission Expires; !Kl:;).. Lo k._3-<--__

STATE OF W~ST VIRGINIA COUNTY OF BERKELEY, to-wit:

...... -fo . . \1~'-.1= regomg InstruIIlent was acknowledged befoIe mil this _, day of

~Hi]'xJ\ hQ6..-> 2003, bYl)e('~PlC"\f'{ 2)\cgD , a~ a

Member of Apple Knolls, LLC, a West Virginia limited liability company.

My Conmrission Expires: -~+",=>.l'<--H-""""",'---

8

No .2267 p. 8

· .. .... Mar . 14 . 2008 3: II PM

STATE OF Wl3ST VIRGINIA COUNTY OF.' l3ERKELEY, to-wit:

The foregoing instrument was acknowledged belore me this 6y of

\'i.(tO f)I, b~, 2003, by ~~~f\OCia-' ;Sdh..) , M a

Member of Apple Knolls, LLC, a West Virginia limited liability company

STATE OF WP$T vntGINTA COUNTY OF BHRKELEY. to-wi.t:

The foregoing instrument was acknowledged before me lhis & day of

&(3J.fWRA __ ,2003, h/?i:b)\± -]:\1.~_ ,as a

Member of Apple Knolls, D.C, a We'll Virginia limite<llillbility company CfRCIALSI;IIl

NOfARYPUBUC lIT"'T~ QFl\SITVIRCIMA

KRISTINE A RAMEY . ,.-~ ~~;.w:"G401 : ~ ~ Mycnrm1')~ If9U~"lII'JU2~~ ~"!":t ~01"0 • • ~ .... ... """ ..... . _ __ ... ....... . . :

My Commission Bxpires: -'lt~(Q it ")

This instrument prepared by Kanetle L. Huyett, Co.otnd & Huyett, 55 Meri<liHD. Parkway, Strite 103, Maltinsburg, west Virgini1l25401

BERKE~EY COUNTY, WV FIl,.lOO

S~ptemb~r 25, eoOg 10;c2;20

JOHN W. SMALL JR. COUNTY GL!;RK

TRANSACTION NO: 200?,O~2

BOOK OF DE:EDS 9:-0 k: 0071;3 P~9g I 0030b

1111111111111111111

No .226 7 p. 9

,Mar .14.2008 3:12PM

3.J3S'V AMENDMENT TO DECLARA~lON OF PROTECT!VE COVENANTS, EtESERVATION$, RESTRICTIONS, EASEMENTS AND OWNERS

~~ ASSOCIATION OF APPLE KNOLLS ~STATES SUBDIVISION

THIS AMBNDMENT TO DECLARATION OF PRO'l'J::C'IIVE COVENANTS,

RESERV~TrONS, RES~RICtlONS, EASF.MENTS nND OWNERS MAINTENANCE

~SSOCIATION OF APPLE KNOLLS BSTATES SUBDIVISION, made this 19th

day of september, 2()O:~, by Apple' Kn()l.ls, LLC, An'l<"rican Homes by

Onited Builders, l.LC, 'theodore M. TJehr and PaJltela IL Lehr.,

hereinafter called property owner.s.

WHEMnS, by Declaration or Covenants, Condit, ions,

Restd ctions and F.asements dated September 19, :>'003, and recorded

in the Of.f.ice of the Clerk of Um Cotmty Commission of 8erkeley

County, West Virginia in Deed Book ~ ut Page ,3ob , the

OWner and Developer, Apple Knoll.s, L1C, subiected r.eal property

known as Lots lA, 18, 2 through '-4, 50 through 60" OInd 64 through

78, includirtg Fuz7.Y l?each Drive, in Apple Knolll'l F.states

Stlbdivi3.1.0n. to a.Ll the rights, r.eservations, rest.r;,ctions,

covenanl~~;, conditions, easement::;, rights-of-w<lY, ] .lens, charges

<lncl assG.'SSulents more full y ,set forth in said Declaration; ;;lnd

VlHEREAS, the property 'owners dl'!:;i.r.e at this tim~ Lo OI.mend

said covenants and restr.ictions pertaining to Lot 7S, Phase 1,

Apple Knolls Estates Subdivision;

NOW TIIE!\EFOR~ WITNESSETH: The above p.roperty owners, belll1:l

the property owners of Lot 75, Fha'se 1, Apple KnollS Estates

sut:>cti vision, Hedgesville D,i, str ict, Ber ke] ey Coullty, We:;t

Virginia, a:; :ohown on the Plat of Survey of Apple Knoll~; Estates

Subdivision, rcco.rded i,n plat Cabinet 10 at Slide 8.7., do hereby

amend and supplG.'ment the De!=laraLion of. CovenanL!;, Conditions,

RGlstrict,ions .md E<Jsements o.s enumerated below.

Para9raph 2 :;hall be amonded as follows;

Unless otherwise deSignated by plat depiction or notations, no

building, swimming pOol, or any other per.manent structul'Q 5hOl.ll

be constructed nearer than th~rty-nine (39) feet to any Eront

line, twenty (20) feet to <JIIy side lot line, or twenty (20) feet

to any I.'ear lot line. No aoliel fences l'Iha.l.l be permitted on sOl,icl

10Ls with the exception of those immediately su.rl'ounding a

No .2267 p. 10,

Mar ,14, 2008 3:12PM , ~ '. ' to

swiromitl(;J pool ar~a, which fence Dlay be up to six (6) feet in

helght. All other fences shall not exceed five (5) f.eet in

height. All fenc:ing material must be pressure-tL'eatac:! lumber or

ch~in-link, unless other material is approved by Oeveloper,

STATE OF WEST VIRGINIA COUNTY OF BERKELEY, to-.d t:

AlII..:.ri<;:<>n Homes by urdi:od

Bui~'lders, L.L,C.. ~

B~..... ~-~--= . .. 'J. c' "'- .dO c= ..

ItB ~ JllJ.D.~rr.1'-:7_-

il /~)

IT no;-iliCl,, ;)J4;<f)!PftJ a NotOlJ:'Y Public in and foc the County and St9-,te aforesaic:J,j do hereby cerH.ty that 'n('~t:pjOd(C)ia:lL, of Apple KnollB, L.L.C .. , who s;gJled the name ~a\ company "-On behalf o f. the company at; j ts 11 D a I'ItL, 011

the 0 day of September, 2003 .. !lR'1CIA\.8EN.

NOTIIRY PUBLIO $TAlEOFWEllTWla"""

(NO' . KR~~~~EY MIIlTTlNSBlJIl(!, 'NY 2~OI

...... .-~_ ....... ~ ... '~~~.;.,;taf1lt~~~o')I'. , .

My Commission Ex~ir~~ 2./.:U.eltj

VIRGiNIA

and f o r the

(NO

My

No,2267 P, 11

Mar .14. 2008 3:1 2PM

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

I, 11 r;,sfi L. . , " a Notary Publ :i c in and for tb .. plJ9n;orad St)l!e afo,Cf,lsai , do herf,lby certify that I -C . (if . .::i~h , of American HOI'nl'!3 by United Builders,

L.L . . , who Sign d':~~ flame of said c~mp(lny on behalf of t.he company as io:;s .otUtb(A . on the .fl'!::. day of Sept.ember. 20'03 .

omew.8EAL NOtARY PUBUC

(NO GT7.n; CfI'MSt'IIfICmA

• _ KRI~~~'I;V, :.~;. ~ t'Om~'!;';~~~~~~ ~I~"'- · ~-.""""'''''' '' I

~y Commi3aion Expires' f/4&./.;~

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

I, r2(o·ha /'1. tlMtff' a Notary Public:: tn and for lhe County ant:tate aforesaid do her.eby certify' ~hat ~, t... Sf ' of Americ::an l:iomes by Unjted BuildG:.rs, L. L. c., who;;ic;;ned the name of said c::~pany on bG:hal f of the company CiS its ll!..<1lW' • on t:he ~ day of Sf.'ptembcr, 2003.

1

f) 1 ,(j{u'f.. c/ kC~/JU.Li7L Notary Pub}, C d

My Commission ~xpirQs

STA'n: OF WF.ST VIRGINI7\

COUNTY OF J~ERKF';JEY I tc:t.t.!.1

I, L)J'i5mCt.,d~, a NOI:ar.y Public itl ,I!ld for the County and St3te aforesaid,:do herQ~ ce~tify thaL Theodore M. Lehr and Pamela R. Lehr, otl.the ~ tlay of September, 2 003.

am..-w.CMl NOTARY PU8U0

GT"ltOFVIEBTWIQrM tmlSllNE A. JW.1t;Y

40 IWIIIUt C>RJvE ~9URG. wv 2S401

Mv awnrm~On ~J\IJCU)t~ iI!01~ ~

My Commiss ion Expi r e:> ~LR..iJ.l..

THls INSTnlTM~NT WAS PRE~nRED BY ~ND bFTER RECORD1NG, PLEAS~

RETURN TO: Kan!2t.te L. tluy~l.:.t

Conrad & Huyett, Att.orneys at Law 55 ~eridian Par.kway, SUiLe +03 Martinsburg, Wv 25401

File 116818

BERKELEY COUNTY, WV FIL.ED

September ~~, E003 lO;SO;l~

JOHN W. SMALL JR. COUI~TY CLERK

TRANSACT~ON NQ; eQ03033a~e

BOO~ OF DEEDS' Bcol(: 00743 P".g~H 00319

IWIIIIIIIIIlIIIIII~1

No .2267 p. 1! ,

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