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HomeMy WebLinkAboutFinger Lake Estates - Backfile. ,, PUBLIC AUCTION TRUSTEE'S SALE OF LANDS IN FINGER LAKES WEST SUBDIVISION HIGHVIEW WOODS SUBDIVISION AND OTHER REALTY IN FREDERICK COUNTY, VIRGINIA In execution of a deed of trust from Elsie j (Cline) Sheppard and E. Marvin Sheppard, dated June 12, 1973, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 411, at Page 83, the undersigned Substitute Trustee will of- fer for sale at PUBLIC AUCTION the following described property (all references are to in- struments recorded in the aforesaid Clerk's Office): (1) Lots 8, 12, 13, 14, 15 and 16 Section 1, Finger Lakes West, as shown on a plat and survey of Trico Associates, Inc., dated October 25, 1972, and recorded in Deed Book 400, at Page 508. (2) 6.5275 acre tract shown on plat and sur- vey of Trico Associates, recorded in Deed Book 400, at Page 508, which said tract was subdivided into two tracts, one of 211,314 sq. ft. and the other of 73,020 sq. ft., as shown on a plat of Charles H. Kirkland, C.L.S., dated Oc- tober 27, 1973, and recorded in Deed Book 420, at Page 242. (3) Lots 8, 9 and 10, Section 2, Finger Lakes West, as shown on a plat and survey of Trico Associates, Inc., dated October 25, 1972, and recorded in Deed Book 400, at Page 509. (4) All that certain parcel of land containing 22.696 acres, more or less, being the remaining portion of a larger parcel of land originally containing 23.696 acres as shown on a plat and survey of Trico Associates, Inc., dated June 22, 1972, and recorded in Deed Book 411, at Page 86, LESS AND EXCEPT a 1.000 acre parcel as shown on a plat and sur- vey of Charles H. Kirkland, C.L.S., dated Oc- tober 30, 1973, and recorded in Deed Book 420, at Page 243, which said parcel was con- veyed to Melco, Inc., by deed recorded in Deed Book 430, at Page 494. A 1.0231 acre portion of said 22.696 acre tract is shown on said plat and survey, recorded in Deed Book 411, at Page 86, and is improved by dwelling. A portion of said 22.696 acre tracts includes Lot Nos. 1, 14, 15, 16, 19, 20 and 21, Section 1, Highview Woods Subdivision, the Deed of Dedication of which is recorded in Deed Book 444, At Page 277. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia. DATE OF SALE: January 28, 1977, at 2:00 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust, whichever is greater, may be required at the option of the Noteholder; balance due on delivery of deed. AUCTIONEER: Charles R. Duvall George G. Snarr, Jr. Substitute Trustee 42 South Cameron Street Winchester, Virginia 22601 Telephone: 703.667.1096 WINCHESTER EVENING STAR 34 Wednesday, January 5, 1977 PUBLIC AUCTION TRUSTEE'S SALE OF LOT IN FINGER LAKES ESTATES In execution of a deed of trust from Robert G. and Gail S. Wilkins dated January 11, 1974, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 423, at Page 479, the undersigned Substitute Trustee will offer for sale at PUBLIC AUCTION the following described property: All that certain unimproved parcel of land containing 3.1058 acres, located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot. No. 3 on the plat and survey of Finger Lakes Estates West, Sec- tion Two, dated October 25, 1972. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia. DATE OF SALE: January 28, 1977 at 2:30 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust, whichever is greater, may be required at the option of Noteholder; balance due on delivery of deed. AUCTIONEER: Charles R. Duvall GEORGE G. SNARR, JR. Substitute Trustee 42 South Cameron Street Winchester, Virginia 22601 Telephone: 703-667-1096 PUBLIC AUCTION TRUSTEE'S SALE OF LOT IN FINGER LAKES ESTATES In execution of a deed of trust from Joseph N. Dugan dated November 27, 1973, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 422, at Page 72, the undersigned Sub- stitute Trustee will offer for sale at PUBLIC AUCTION the following described property: All that certain unimproved parcel of land containing 3.112 acres, located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot No. 6 on the plat and survey of Finger Lakes Estates West, Sec- tion Two, dated October 25, 1972. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia. DATE OF SALE: January 28, 1977 at 2:20 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust whichever is greater, may be required at the optio n of Noteholder; balance due on delivery of deed. AUCTIONEER: Charles R. Duvall George G. Snarr, Jr., Substitute Trustee 42 S. Cameron St., Winchester, Va. 22601 Telephone: 703.667-1096 PUBLIC AUCTION TRUSTEE'S SALE OF LOT IN FINGER LAKES ESTATES In execution of a deed of trust from Dennis L. and Carol D. Mauck dated November 14, 1973, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 421, at Page 327, the undersigned Substitue Trustee will offer for sale at PUBLIC AUCTION the following described property: All that certain unimproved parcel of land containing 3.3857 acres, located in Back Creek Magisterial District, Frederick County, Virginia, designated as [.at No. 2 on the plat and survey of Finger Lakes Estates West, Sec- tion One, dated October 25, 1972. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia DATE OF SALE: January 28, 1977, at 2:50 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust, whichever is greater, may be required at the option of Noteholder; balance due on delivery of deed AUCTIONEER: Charles R. Duvall GEORI7E G. SNARR, JR. Substitute Trustee 42 Sou-th Cameron Street Winchester, Virginia 22601 Telephone: 703-667-1096 PUBLIC AUCTIQN TRUSTEE'S SALE O1 T IN FINGER LAKES ESTATES In execution of a deed of trust from James H. and Penny G. Connelly dated January 11, 1974, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 423, at Page 489, the undersigned Trustee will offer for sale at PUBLIC AUCTION the following described property: All that certain unimproved parcel of land containing 3.0388 acres, located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot. No. 5 on the plat and survey of Finger Lakes Estates West, Sec- tion Two, dated October 25, 1972. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia DATE OF SALE: January 28, 1977 at 2:40 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust, whichever is greater, may be required at the option of Noteholder; balance due on delivery of deed. AUCTIONEER: Charles R. Duvall GEORGE G. SNARR, JR. Substitute Trustee 42 South Cameron Street Winchester, Virginia 22601 Telephone: 703.667-1096 PUBLIC AUCTION TRUSTEE'S SALE OF LOTS IN FINGER LAKES ESTATES in execution of a deed of trust from E. Mar- vin Sheppard and Elsie L. Sheppard dated November 14 1973, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 421, at Page 194, the undersigned Substitute Trustee will offer for sale at PUBLIC AUCTION the following described property: All those certain unimproved parcels of land containing 3.1506 acres and 3.1758 acres, located in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot Nos. 10 and 11 respectively on the plat and survey of Finger Lakes Estates West, Section One, dated October 25, 1972. PLACE OF SALE: In front of the Courthouse of the Circuit Court of Frederick County, Virginia, in the City of Winchester, Virginia. DATE OF SALE: January 28, 1977, at 2:10 p.m. TERMS OF SALE: Bidder's deposit of $250.00 or 20% of the amount secured by said deed of trust, whichever is greater, may be required at the option of Noteholder; balance due on delivery of deed. AUCTIONEER: Charles R. Duvall GEORGE G. SNARR, JR. Substitute Trustee 42 South Cameron Street Winchester, Virginia 22601 Telephone: 703-667-1096 i � 1 ` 35 UNIVERSAL MARKETING SERVICE., INC. D121) OF DEDICATION (MIN THIS DEED OF DEDICATION, made and dated this 31st day of July, 1973, by Univers'al Marketing Service, Inc., by directior of its Board of Directors by resolution duly adopted by them directing the.proper officers of the corporation to execute this deed of dedication which is with the free will and consent of the Board of Directors of this corporation which is the owner in fee simple of the land described and set forth in the plats attached hereto. That said resolution was duly adopted at a meeting of the ,s said Board of Directors on July 31, 1972. That the.land described in said plats is part of a larger tract or parcel of land which was conveyed to Universal Marketing Service, Inc. by deed from Richard C. Fruland and wife dated January 24,. 197"3. and of record in the Clerk's 1^jffice of t Circuit Court of Frederick County, Virginia, in Deed Book 403, Page 560. The land herein platted and dedicated pursuant to the ,statutes of Virginia are as follows: Section Two of Finger Lake Estates East, containing Lots 7, 8, 9, 10 11, 122 13., 14, 15s 18 and 19. Section Three, of Finger Lake Estates East, containing Lots 16, 17, 20, 21; 222 252 24,1 259 26.1 272 28, 29 and 30. Alsoi dedicated for the use and benefit of the said lot: owners, their agents, guests and invitees, the Bass Lake and Park containing 3.0626 acres as set forth in Section Two, and the roadways 60 feet in width extending from Section One through Sections Two and Three to a right of way throup-h the land of Jack L. Hayes, which right MASSIE Ano SMARR ATTORNEYS AT "W of way at that point is 30 feet in width and extends through WINCHESTER. VIRGINIA various properties to Virginia Secondary Route 704, said right of MASSIF AND SNARR ATTOI;NEVS AT LAW WIICM.LST[R, C1R.I NIA I 600K. 44 FACE M3 way 60 feet in width and of 30 feet in width is hereby dedicated for the purpose of ingress and egress of each of the lot owners in Sections One, Two and Three of Finger Lake Estates East and Itheir agents, guests and invitees, the said plats having been made by Trico Associates, Inc., certified correct by Thomas C. Glass, P.E., and C.L.S. The aforesaid lots are hereby made subject to the following covenants and restrictions which will be deemed covenants running with the land in accruing to the benefit of the Grantor herein and all lot owners in said Sections One, Two and Three of Finger Lake Estates East. 1. No structure or building of any kind, or construc- tion of any sort shall be placed or constructed upon this property unless and until plans and description of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Finger Lake Estates East, or other successor, proprietors or assigns. 2. Except with the written consent of the Architectural Committee, no structure, tent, outside toilet, or other living quarters, temporary or permanent, shall be placed upon any part of the property. The use of house trailer is not permitted in this subdiv W on development known as the Finger Lake Estates East. 3. Buildings may be of a contemporary period or modern design, and may -be constructed of wood, logs, stone, masonry or 'composition, but must be finished or painted in such a manner as not to detract from,or mar the natural beauty of the surroundings 4. No structure may be placed nearer than forty .feet from any front or twenty feet from any side or rear line of any abutting property line. 1 "2 .i. 91ASSIE AND SNARR . ATTDtNEYS AT LAW WINCHESTER. VIRGINIA noc!c ,4 PAce ' 5.64 5. Such lots, andfeach and'•every one thereof, are for i single-family'► residential purposes only and no dwelling house shall. be erected on any of said lots unless the same shall comply as follows: The ground floor area of the main structure, exclu- sive of one-story open porches and garages, shall be not less tha 1,000 sq.,ft. for a one-story dwelling nor less than 720 sq. ft. fora dwelling of more than one story; no construction, or improv meets by lot owners.shall be made upon the areas reserved for easements. 6. No more. than two dwellings may be built on any one lot. 7. Garages, porches, and patios, carports, or car shelters, if built, shall be attached to, and a part of the main dwelling, unless approved in writing by the Architectural Committee for the use of a separate garage or storage facility. 8. Further Subdivision: No lot shall be further subdivided or used .as a roadway for access to any property lying outside the boundaries of Finger Lakes Subdivision without the prior.written consent of said Universal Marketing Service, Inc and the Owners Association having been first obtained and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia. The above restriction against further sub- division shall not apply to a resubdivision of lots which results in an increase in the size of the lots affected. 9. No open fires shall be permitted on any part of the property. Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens. - 3 - I I I f 1 W WE 10. No building shall be used for any other than single-family residential purposes (except on lots otherwise designated by Finger takes Estates East) and no offensive trade or other offensive activity shall be carried on, on said lots, 1 nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 11. No trees over two inches in diameter shall be cut down without permission of the Architectural Committee. 12. No signs of any nature whatsoever shall be permitted to be placed on the property by the purchaser except on name sign'not exceeding 6 inches in height and 36 inches in length. 13. Garbage must be kept in covered metal or plastic containers, and trash, such as tin cans, bottles, papers, etc., shall be kept in garbage or wire containers, and all of it disposed of according to the laws of the State of Virginia and the ordinances of Frederick County, Virginia, and the rules and regulations of the owner and proprietor of this subdivision or it assigns, 14. No rifles, shotguns, or other small arms shooting shall be permitted anywhere in Finger Lakes Estates East, except in areas reserved and designated for such.use by the Finger Lakes Estates East. 15. All roadways, streets and rights of way set forth on said plats are for the right of ingress and egress to lots fro the public highway for lot owners and the guests, agents and invitees of lot owners of Finger Lakes Estates East. 16. Finger Lakes Estates East reserve the right of way MASSIE AN* SUARR ATTOP14CT3 AT LAW entry upon, over, across and through said lots for the purpose of WINCIIf1TER. VIRGINIA - 4 - 0, 0 constructing, operatih, ma'inta*ining,.and repairing pole lines for electrical, and telephone service, and other utiliti&s, reserving to the Finger Lakes'Estates,East the sole right to convey the rights hereby reserved; there is also reserved any drainage, easements as may be shown on any subdivision plat, or shall becoff necessary. No owner of any lot shall interfere with the natural drainage of surface water from such.lots to the detriment of any other property owner. 17. All Membership Applications and Sales Contracts$ including originals, resales, etc., are subject to the approval o Finger Lakes Estates East or other successor proprietors or assigns and the right of said proprietor to refuse said contracts and applications is reserved. 18. No residence shall be occupied until the same has been substantially completed in accordance with its plans and, specifications. 19. All structures constructed or'placed on any lot shall be constructed with a substantial quantity of new material and no used structures shall be relocated or placed on any such lot. 20, All outdoor clothes -poles, clothes lines, and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street, lake, or park within Finger. Lake Estates East. 21. No owner of any lot shall build, or permit the building thereon of any dwelling house that,is to be used as a model house or exhibit unless prior written permission to do so MASSIE AND SPIAnn ATTORNEYS AT LAW WINCHESTER. VIRLINIA shall have been obtained from Finger Lakes Estates East. H DOCK 4M, iACE 56 22. No oil, or natural gas drilling; refining, quarrying, or mining operations of any kind shall be permitted upon, or in any lot, and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, main- tained or permitted on any lot. 23. Any dwelling or outbuilding on any lot in the section or subdivision which may be destroyed in whole or in part by fire, windstorm, or any other cause or act of God must be rebuilt or all debris removed and the lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain longer than six (6) months. 24. in the event an owner of any lot in the subdivisio shall fail to maintain the premises or the improvements situated thereon in a manner satisfactory to the Finger Lakes Estates East the said proprietor shall have the right, through its agents, and employees, to enter upon said lot and repair, maintain and restore the lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior main- tenance shall be badded to and become part of the annual charge to which such lot is subject. 25. Each lot owner is obligated to pay when due the annual assessment to be levied upon each lot owner to defray the cost of maintenance of roads and the other amenities maintained by Finger Lakes Estates East, said fee is to be an assessment in the amount of $48.04 annually. 26. Should any lot owner become delinquent in the pay- men't of dues to Finger Lakes Estates East.for the maintenance of MASSIE AND SMARR "sT°I"`"S,r LAWroads and common facilities, he shall be denied the use of all - 6 - 1 goo . A FACE Sf 8 amenities furnished and ma�nta,ined by''the Finger Lakes Estates East until such time as the delinquency has been eliminated; provided, however, that said' owner shall, at -all. times, have the right to access over the private roads in the subdivision to and from his lot. Such charge shall bear interest from the date of delinquency at the rate of 6% per annum, and shall, upon the date of delinquency, constitute.a lien on each lot to which the delinquency pertains,.the said lien to cover the principal amount of the delinquent charge, interest, and reasonable attorney's fee: .incurred in the collection thereof. Every such lien may be enforced by equitable foreclosure suit fil.ed.in the Circuit Court of Frederick County, Virginia, anytime within three (3) years after the date of delinquency. The remedy of foreclosure is non-exclusive and Finger Lakes Estates East reserves all other remedies provided by law for the collection of such delinquencies. Finger Lakes Estates East has the right to publish the names of delinquent lot owners in such manner as it may deem appropriate. The written dated statement of Finger Lakes Estates East that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 27. Whenever the owner of any lot in the section or subdivision shall receive a bona fide offer to purchase said lot, which offer is acceptable to said owner, or shall independently decide to put said lot on the market, said owner shall offer to sell said lot, at the price and on the same terms contained in said bona fide offer, or (if said owner shall independently have decided to put said lot on the market) at the price and on the MASSIE AND SHARR ATT6RNETS AT LAW wltlCHF,STfR. YiRCINlA terms acceptable to said owner, first, to the owner of the lot on • w 7 s 569 MASOIS RVD ORARR II ATFORri(TS AT LAY? wiT�r.:irmTFa, Y�anTr.tA WK 414 FACE the right of the prospective• seller's lot, next to the owner of the lot on the left of the prospective seller's lot, said offers to be in writing and sent to the last known addresses of said owners as indicated on the tax records of Frederick County and finally to Finger Lakes Estates East, its successors or assigns. Said offerings shall be made successively, and each of said offerees shall have ten (10) days from the date of mailing of the offer within which to accept or refuse such offer. If all said offerees refuse to purchase said lot at the price and on the term; proposed by said owner, said owners shall be free, subject to the limitations contained herein requiring the purchaser to have been approved for membership in Finger Lakes Estates East to sell said lot to the party who shall have made said bona fide offer or (i said owner shall independently have decided to put said lot on the market) to any third party, in either case at a price and on teams not substantially more favorable to the purchaser than those offered as aforesaid, to said owner's neighbors and Finger Lakes Estates East, or its successors or assigns. The "lot on the right for the purpose of this paragraph shall be the next lot on one's right hand as one faces the rear of one's own lot; provided, however, that Finger Lakes Estates East and its successors or assigns shall be exempt from all provisions of this paragraph as to.initial conveyances, re -acquisitions and reconveyances of any and all lots. It is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attached to the deed of conveyance, to be recorded therewith, an affidavit under oath that the provisions o this paragraph have been complied with by said owner or owners i m 4 570 MASSM Afto Sh"a II ATTORNCYS AV LAW WINCH UTCR. VIRGINIA BOOK. 570 making the conveyance and that n6ne-6f the parties having a right of -first refusal have exercised their right to purchase the 1. property, such affidavit shall create a conclusive presumption .that the paragraph has been complied with and any purchaser or purchas'ers, or their.successors in title, may rely upon said affidavit, and shall be fully protected in relying upon said affidavit, as to compliance with.this paragraph and the title to any lot so conveyed shall be 'Valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragraph of the restrictions and covenants. 28. The Architectural Committee shall have the authority to set up regulations as to the height and size require ments for all other types of buildings and structures, including fences, walls, copings, etc. 29. Each property owner erecting a dwelling on his lot shall have six (6) months from the beginning of construction to complete the exterior construction including grading, seeding,, landscaping, etc. 30. The Architectural Committee may allow reasonable variances and adjustments of these restrictions in order to over- come practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein; provided, however, that such is done in conformity with the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental .or injurious to the other property or improvements in the neighbor- hood, the section, or the subdivision. - 9 - :. .,..�.eaxsa...:n.::,„ � � � 1K'+iYY�li>dtNM tkceitoN.C:LI' ':1:�lai<17t:3ib�:i#s -... ' :'�±^fr mwni. {i ... i�4C _ _ .�..`rr�+•xlwl 571 4 MASSIE AND SMARR ATTORNEYS At LAW NIrItnG6FER, YIRCiniA SQGK FAGS .571 31. This owner and proprietor of Finger Lakes Estates East, and its assigns, as -owner and proprietor, reserve the right 'r to add to, subtract from, and change these restrictions in the other subdividing *of its remaining land or other acquired lands. 32. Invalidation: The invalidation by judgment or court order of any one or more of the covenants contained herein shall in no wise affect the validity and enforceability of the remaining provisions hereof. WITNESS the following signature of James R. Morrison, r President of Universal Marketing Service, Inc., and its corporate seal hereto affixed and attested by 9-race., _ r/7d7r1as , its A5 t5 / 3 i a ro`t /­ Secretary, the first date hereinabove written. G' 7 a -� 0PlVlA2ltfP� � •. ZLb1 STATE OF VIRGINIA UNIVERSAL MARKETING SERVICE, INC. By �.f President COUNTY OF FREDERICK, to -wit: I, Ca.,,t.��.c�� -4-4&'�''--- , a Notary Public of and for the State and County aforesaid,•do certify that James R. Morrison, whose name as President of Universal Marketing Service, Inc. is signed to the foregoing writing, bearing date on the 31st day of July, 1973, personally appeared before me in my State and County aforesaid, and in the name and on behalf of the said corporation acknowledged the said writing as the act and deed of tho said corporation and made oath that he is President of the said corporation and that the seal affixed to said writing is the true corporate seal of the -said corporation and that it has been affixed thereto by due authority. Given under my hand this eddy of 1973. My commission expires '2y. CI Notary Public 14 the right of the prospective - seller's lot, next to the owner of the lot on the left of the prospective seller's lot, said offers to be in writing and sent to the last known addresses of said owners as indicated on the tax records of Frederick County and finally to Finger Lakes Estates East, its successors or assigns. Said offerings shall be made successively, and each of said offerees shall have ten (10) days from the date of mailing of the offer within which to accept or refuse such offer. If all said offerees refuse to purchase said lot at the price and on the term; proposed by said owner, said owners shall be free, subject to the limitations contained herein requiring the purchaser to have been approved for membership in Finger Lakes Estates East to sell said lot to the party who shall have made said bona fide offer or (if said owner shall independently have decided to put said lot on the market) to any third party, in either case at a price and on terms not substantially more favorable to the purchaser than those offered as aforesaid, to said owner's neighbors and Finger Lakes Estates East, or its successors or assigns. The "lot on the right for the purpose of this paragraph shall be the next lot on one's right hand as one faces the rear of one's own lot; provided, however, that Finger Lakes Estates East and its successors or assigns shall be exempt from all provisions of this paragraph as to initial conveyances, re -acquisitions and reconveyances of any and all lots. It is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attached to the deed of conveyance, to be recorded therewith, an affidavit under oath that the provisions of MA$516 Aeo /NARK Arto.149rt At uw this paragraph have been complied with by said owner or owners eiacMrArtArrai�A - 8 - MASSIC ANu SNA A110ANEYS AT LA': WINCIMSTIR. VIRCIP11: BOOK, WWE. 570 making the conveyance and tha"t none 'cif the parties having a right of -first refusal have exercised their right to purchase the property, such affidavit shall create a conclusive presumption that the paragraph has been complied with and any purchaser or purchas'ers, or their.successors in title, may rely upon said affidavit, and shall be fully protected in relying upon said affidavit, as to compliance with.th.is.paragraph and the title to any lot so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party wha..tsoever as to compliance with this paragraph of the restrictions and covenants. 28. The Architectural Committee shall have the authority to set up regulations as to the height and size require- ments for all other types of buildings and structures,, including fences, walls, copings, etc. 29. Each property owner erecting a dwelling on his lot shall have six (6) months from the beginning of construction to complete the exterior construction.including grading, seeding,, landscaping, etc. 30. The Architectural Committee may allow reasonable variances and adjustments of these restrictions in order to over- come practical difficulties and prevent unnecessary hardships in the application of the provisions contained herein; provided, however, that such is done in conformity with the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental.o.r injurious to the other property or improvements in the neighbor- hood, the section, or the subdivision. - 9 - �_J �ooK 414 FAU 571 31. This owner and proprietor of Finger Lakes Estates East, and its assigns, as owner and proprietor, reserve the right to add to, subtract from, and change these restrictions in the other subdividing of its remaining land or other acquired lands. 32. Invalidation: The invalidation by judgment or court order of any one or more of the covenants contained herein shall in no wise affect the validity and enforceability of the, remaining provisions hereof. WITNESS the following signature of James R. Morrison, President of Universal Marketing Service, Inc., and its corporate seal hereto affixed and attested by Glace. - Mo"rhds , its St�/s /aV1 f Secretary, the first date hereinabove written. UNIVERSAL MARKETING SERVICE, INC. G y r VA1W�aN0By .. Iv ZL61 �'" President JAb EA L ) 7­ 5'Qc rerd ry STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: a Notary Public of and for the State and County,aforesaid,'do certify that James R. Morrison, whose name as President of Universal Marketing Service, Inc. is signed to the foregoing writing, bearing date on the 31st day of July, 1973, personally appeared before me in my State and County aforesaid, and in the name and on behalf of the said MASSIF AND SNARR corporation acknowledged the said writing as the act and deed of ATTORNEY! AT LAM - *111CMESTER. VIRGINIA - the said corporation and made oath that he is President of the said corporation and that the seal affixed to said.writing is the true corporate seal of the said corpora t ion , and that it has been I affixed thereto by due authority. Given under my hand this �'°� day of �� ' �c,�� 1973. ex ires�_ My commission p Notary Public at*lEila{x lij(iF F*xaf'>F*>FyiF I #3135 UNIVERSAL MARKETING SERVICE, INC. DEED OF DEDICATIOP l.. �l BOCK 4 A ►AGE 6 THIS DEED OF DEDICATION, made and dated this 31st day of July, 1973, by Universal Marketing Service, Inc., by direction of its Board of Directors by resolution duly adopted by them directing the.proper officers of the corporation to execute this deed of dedication which is with the free will and consent of the Board of Directors of this corporation which is the owner in fee simple of the land described and set forth in the plats attached hereto. That said resolution was duly adopted at a meeting of the said Board of Directors on July 31, 1972. That the. land described in said plats is part of a larger tract or parcel of land which was conveyed to Universal Marketing Service, Inc. by deed from Richard C. Fruland and wife dated January 24, 1973, and of record in the Clerk's Office of thf Circuit Court of Frederick County, Virginia, in Deed Book 403, Page 560. The land herein platted and dedicated pursuant to the statutes of Virginia are as follows: Section Two of Finger Lake Estates East, containing Lots 7, 81 9, 10, 11, 121 132 14, 15, 18 and 19. Section Three, of Finger Lake Estates East, containing Lots 16, 17, 20, 21, 229 231, 24, 25, 26, 27, 28, 29 and 30. Also dedicated for the use and benefit of the said lot owners, their agents, guests and invitees, the Bass Lake and Park containing 3.0626 acres as set forth in Section Two, and the roadways 60 feet in width extending from Section One through Sections Two and Three to a right of way through the land of Jack L. Hayes, which right { MASSIE AND 6NARR ATTORNnt ATLA* of way at that point is 30 feet in. width and extends through jjj WINCH JIT[N. VIAGINIA various properties to Virginia Secondary Route 704, said right of 5 ' 1 \, BOOK, 44 PAcE W)3 way 60 feet in width and of 30 feet in width is hereby dedicated for the purpose of ingress and egress of each of the lot owners in Sections One, Two and Three of Finger Lake Estates East and their agents, guests and invitees, the said plats having been made by Trico Associates, Inc., certified correct by Thomas C. Glass, P.E., and C.L.S. The aforesaid lots are hereby made subject to the following covenants and restrictions which will be deemed covenants running with the land in accruing to the benefit of the Grantor herein and all lot owners in said Sections One, Two and Three of Finger Lake Estates East. 1. No structure or building of any kind, or construc- tion of any sort shall be placed or constructed upon this propert3 unless and until plans and description of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Finger Lake Estates East, or other successor, proprietors or assigns. 2. Except with the written consent of the Architectural Committee, no structure, tent, outside toilet, or other living quarters, temporary or permanent, shall be placed upon any part of the property. The use of house trailer is not permitted in this subdivision development known as the Finger Lake Estates East. 3. Buildings may be of a contemporary period or modern i design, and may be constructed of wood, logs, stone, masonry or 1com osition but must be finished or painted in such a manner as P 9 not to detract from,for mar the natural beauty of the surroundings MASSIE AND SNARR ATTORNEYS AT LAW 4. No structure may be placed nearer than forty feet WIh6N[ST[R. •IRGINIA from any front or twenty feet from any side or rear line of any abutting property line. 2 _.. i "OK 414 FAGe YA 5. Such lots, and,each and every one thereof, are for single-family residential purposes only and no dwelling house ` shall be erected on any of said lots unless the same shall comply i as follows: The ground floor area of the main structure, exclu- sive of one-story open porches and garages, shall be not less than 1,000 sq. ft, for a one-story dwelling nor less than 720 sq. ft. fora dwelling of more than one story; no construction, or improve - meets by lot owners.shall be made upon theareas reserved for easements. 6. No more. than two dwellings may be built on any one lot. 7. Garages, porches, and patios, carports, or car shelters, if built, shall be attached to, and a part of the main dwelling, unless approved in writing by the Architectural Committee for the use of a separate garage or storage facility. 8. Further Subdivision: No lot shall be further subdivided or used as a roadway for access to any property lying outside the boundaries of Finger Lakes Subdivision without the prior written consent of said Universal Marketing Service, Inc. and the Owners Association having been first obtained and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia. The above restriction against further sub- division shall not apply to a resubdivision of lots which results in an increase in the size of the lots affected. P 9. No open fires shall be permitted on any part of the ,1 property. Outdoor fireplaces, if built, and all chimneys shall f be provided with fire screens. - 3 - 1� it MASSIE AND $HARR ATIOPNEYS AT LAX WIRCIffSTER, YIRNNIA II �ocr: 4A RU 565 10. No building shall be used for any other than single-family residential purposes (except on lots otherwise designated by Finger Lakes Estates East) and no offensive trade or other offensive activityshall be carried on on said lots, > nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 11. No trees over two inches in diameter shall be cut down without permission of the Architectural Committee. 12. No signs of any nature whatsoever shall be permitted to be placed on the property by the purchaser except on name sign not exceeding 6 inches in height and 36 inches in length. 13. Garbage must be kept in covered metal or plastic g P containers, and trash, such as tin cans, bottles, papers,*etc., shall be kept in garbage or wire containers, and all of it disposed of according to the laws of the State of Virginia and the ordinances of Frederick County, Virginia, and the rules and regulations of the owner and proprietor of this subdivision or it assigns. 14. No rifles, shotguns, or other small arms shooting shall be permitted anywhere in Finger Lakes Estates East, except in areas reserved and designated for such.use by the Finger Lakes Estates East. 15. All roadways, streets and rights of way set forth on said plats are for the right of ingress and egress to lots fro the public highway for lot owners and the guests, agents and invitees of lot owners of Finger Lakes Estates East. 16. Finger Lakes Estates East reserve the right of way entry upon, over, across and through said lots for the purpose of - 4 - 44, "Act constructing, operating, maintaining and repairing pole lines for electrical.and telephone service, and other utilities, reserving to the Finger Lakes Estates East the sole right to convey the rights hereby reserved; there is also reserved any drainage easements as may be shown on any subdivision plat, or shall becom necessary. No owner of any lot shall interfere with the natural drainage of surface water from such.lots to the detriment of any other property owner. 17. All Membership Applications and Sales including originals, resales, etc., are subject to the approval o Finger Lakes Estates East or other successor proprietors or assigns and the right of said proprietor to refuse said contracts and applications is reserved. 18. No residence shall be occupied until the same has been substantially completed in accordance with its plans and specifications. 19. All structures constructed or'placed on any lot shall be constructed with a substantial quantity of new material, and no used structures shall be relocated or placed on any such lot. 20. All outdoor clothes -poles, clothes lines, and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street, lake, or park within Finger Lake Estates East. 21. No owner of any lot shall build, or permit the building thereon of any dwelling house that,is to be used.as a model house or exhibit unless prior written permission to do so MASSIE AND SNARR ATTORNEYS AT LAW WINCHtSTCO, VIRGINIA shall have been obtained from Finger Lakes Estates East. 5 I I BOCK 414. mE 567 22. No oil, or natural gas drilling; refining, quarrying, or mining operations of any kind shall be permitted upon, or in any lot, and no derrick or other structure designed f _ for use in boring for oil or natural gas shall be erected, main- � tained or permitted on any lot. 23. Any dwelling or outbuilding on any lot in the section or subdivision which may be destroyed in whole or in part by fire, windstorm, or any other cause or act of God must be rebuilt or all debris removed and the lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain longer than six (6) months. 24. In the event an owner of any lot in the subdivisio shall fail to maintain the premises or the improvements situated thereon in a manner satisfactory to the Finger Lakes Estates East the said proprietor shall have the right, through its agents, and employees, to enter upon said lot and repair, maintain and restore the lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior main- tenance shall be badded to and become part of the annual charge to which such lot is subject. 25. Each lot owner is obligated to pay when due the annual assessment to be levied upon each lot owner to defray the cost of maintenance of roads and the other amenities maintained by Finger Lakes Estates East, said fee is to be an assessment in the amount of $48.00 annually. 26. Should any lot owner become delinquent in the pay- ment of dues to Finger Lakes Estates East.f or the maintenance of MASSIE AND SNARR ATTH LAW roads and common facilities he. shall be denied the use of all � � IN MINGN[{TCA, �IIIGIM IA STIM VI - 6 - I i 567 Jvv ao�K PACE 5f ' amenities furnished and maintained by the Finger Lakes Estates East until such•time as the delinquency has been eliminated; provided, however, that said' owner shall, at all, times, have the i right to access over the private roads in the subdivision to and from his lot. Such charge shall bear interest from the date of delinquency at the rate of 6% per annum, and shall, upon the date of delinquency, constitute a lien on each lot to which the delinquency pertains, the said lien to cover the principal amount *� of the delinquent charge, interest, and reasonable attorney's fee: incurred in the collection thereof. Every such lien may be A_ a enforced by equitable foreclosure suit fil,ed.in the Circuit Court i of Frederick County, Virginia, anytime within three (3) years j after the date of delinquency. The remedy of foreclosure is i non-exclusive and Finger Lakes Estates East reserves all other remedies provided by law for the collection of such delinquencies. Finger Lakes Estates East has the right to publish the names of delinquent lot owners in such manner as it may deem appropriate. The written dated statement of Finger Lakes Estates East that no delinquency exists hereunder as of said date shall be conclusive evidence thereof. 27. Whenever the owner of any lot in the section or I subdivision shall receive a bona fide offer to purchase said lot, which offer is acceptable to said owner, or shall independently decide to put said.lot on the market, said owner shall offer to sell said lot, at the price and on the same terms contained in said bona fide offer, or (if.said owner shall independently have decided to put said lot on the market) at the price and on the i MASSIE Amo SNARR Fg( ATTORNEYS At LAW WINCN[ST[R. YIRCINIA , terms acceptable to said owner, first, to the owner of the lot on ;y _ 7 _ 9 Y 572 A11 it 11 6 0 ir Lo 0 IF 47 14- f5 es iu 01 (mn 45U 2- r - t 0 rA C-D F-- r '.A Im a-%tAC> Coo- q_= C5 CD tv CS. -r N v C:> 7 V-1 GCS u t` -r- Y t TZ G t t--A 10"7 -r * P 1 "(3 0" ,,.. LA or -- t:::, SECTION 1140 C-C7---T— -=. C e: �'tco Assoc ca-mac, Wc. U G % N E. F— V- `-7 & P L -,, 6, t -4 t- a V.=— ;;,—S -•a c-), U V—\ / F— %, <' 0 7- - a Cx C3 --`5 C-) 9ZZ Lid 13 0:1- BOOK FACE `' •zo" 573 I IJ�•pQ .�„ _ . IT 74. 3q �All ��S 0 ti S a•j�4 5• V 1 _r 0� N a 4 2 I 01 - pN O \ ( 1-9 Y .rJ o y N � , ao 2- cow • ./-� 3 � � � >. Nc)- fro. �tj IN k Co OIN IN LU P; Z 1 0 7 r �`�,� �LP i ='yi d � • ( ' ' ' N ^J c� 30035 3 3o�g �i3S.00' 11)5.Do' I BS-cz:C i2.)s on' ISco.Co, 7 4-4 c-71c-)` N "-4� �8' ca%' F TO iz.Z-.iU� \� .r" IV G LA N �r 0 N � Q �d J SECTION THREE PLA•7 G'DP A 1 V (S10tJ O G' A TKO( -LT I r.a (0,;= -T ►-+E L A. A„1 C> G Cn t--A Tv L) l �,J F (2 L. M p Ca C CZ V I CG E ) JA,►,1u.o,Cz`rc� Q�coczr�Eca ,*-a ®IZEE:C-::> C3 ®01G 4 Q `tea F'� �-a 1✓ S Ca G7 f�• M � (V Ce, "r W � L.,A� ii�•-� G7 �' E' Go �. C7' S � � F G?_ �. (7 EV Q 1 � �= er� r� tJ ti '-r-• �•r' � �„I' d (c Cal P-1� (�. . E: -o �., � tJ C�s 1 t...l E Er Gc'_ �-� . P LA 1�1 tV �. GZ. 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A4, lk g , ". r-, . at An V-Sim (C>.-C> Ok 4. ftc�^CD) 0/%Al Ek '3 OF 0r., ? ACRE-5 ACP 0. _FS w c F-' E 3. lase 4CP 3-02GI ACPES A -'I c) AC C- E �-2491 AC-f2E- 3,1444 Ac-eE5 07&9 ACeES "09 ACe-ES 4 -E5 3. 0422 ACP-F5 zA> FINGER, LA I T1AssociATes.. mc E �'-4 C, �-4P-E:co • -S S F C T- I (D 0 N-1 E- 0 r .1 sGGK 4C0 FADE 5G9 C u P- F- 0 ATA G�¢wEsTpEt-ri.. R�D��S ^WC- CFuoao ^' s�. �, 4 a2�I +{'0o��o3s••`S=oza3ao34�5o7'J�s"-'' 99z99�a34�. ,$$SCO �9Z+,,0O� .$U<40<__ 1i8379oC :-_�•7�1 t�GSj_ "OW- O¢�G 4OZ7ZO S -4L aO�32g _ 3Z'Ko 2(d ao17Q C 44 11� E -G L3•_C9 2 ZE., 4070. �6'L 7Lt i�T 61 ._S ap' 36 G Z��a �. }ZS-cti 285 2.5 r , Zs oc 26 CC* E '—.E' --r- �/D•y 2¢•7 2s S1 _ zC o ..44 _� '_, -a -0 6 t e O',� _.4. �41 4fc - 3S•Y eg cc EZ` t5 S jc+^ac 82 ;�' ''� •2 1 '� 37'2 o�,y { 432 �@.. Z$4 3� -9. i4 S i+3' 2 91 CF (� - �, .,i jC0•o403' 48a O iGo :a `'� 6i • 49` 4 " C I 4'�° 3A ,y eT 2S d 9 I pL Hae, O Clq .t Tg DNA F o p '�✓w 3h ,oa 3 al Sa Ace ES o 1� 3 a4 .03 c� �'. CIeFS •0473 'gCeEs ' N . ` z • q ' �949 W� ' • • S �: „ N 2 j R.-LAKESWES SECT t p"-i Twv •. .. en cc.a•c♦ ' I. 3£ ,f o TQico Assoawras, Owc. EtJGIn,iEF:t.S . PERS • 15 a,,CYOR15, -_ __ -. _.___-- _._ - Z.•, .. Z5'7�' `•9'L 4C'4r` .•.� �uii, .tom. vii.ui a cuw ui v l.i� TO INDENTURE OLD DOMINION SAVINGS AND -LOAN ASSOCIATION BMB: smb 11-28- 72 2685 BQOK 400 „lrc t,�'+F) THIS INDENTURE made and dated this day of 1972, by and between ELSIE L. SHEPPARD and E. MARVIN SHEPPARD, her husband, parties of the first part, OLD DOMINI N SAVINGS AND LOAN ASSOCIATION of Winchester, Virginia, party of the second part, 13ENJAMIN M. BUTLER, Trustee, party of the third port, and ?AUL J. GOODE and PIEGGY M. GOODE, his wife, parties of the fourth part. WHEREAS, Elsie L. Sheppard and E. Marvin Sheppard are the )wners of all of the following described premises situate within the County of ?rederick, Virginia, to -wit: All those two certain tracts or parcels of land .ying and being situate in Back Creek Magisterial District, Tract One contains g 14.4306 Acres, more or less, and Tract Two containing 24.9119 Acres, more d 1 1 d F S O )r less, an more particu ar y destxibe as ingcr Lakes, ection ne and section Two on those two certain plats drawn by John W. Veatch, C. L. S. , fated October 25, 1972, attached hereto anti by this reference made a part tereof as if set out in full and being a portion of the same real estate, a )ne-half interest of which was conveyed to Elsie L. Cline (being one and the Same as Elsie L. Sheppard) from Eleanor C. Moskowitz, et vir, by deed lated May 6, 1969, of record in the Clerk's Office of the Circuit Court of rederick County, Virginia, in Deed Book 354, at Page 490, and the remaining me -half interest of which having vested in Elsie L. Cline by intestate succession. WHEREAS, it is the desire of Elsie L. Sheppard and E. Marvii Sheppard to subdivide the same into lots to be known as Finger Lake Estates West. WHEREAS, the said subdivision is exempt from Title II, . Subdivision Ordinance of Frederick County, Virginia, dated January 10, 1966, under Article 11 (2) Subparagraph (a). . I 437 NOW, THEREFORE, THIS INDENTURE WITNESSETH: That for valuable consideration, the benefits that will accrue by reason of this indenture, the said Finger Lake Estates hereby establishes a general g Y plan for the improvement and development of the aforesaid premises, and does hereby establish the covenants, conditions, reservations, and restrictions upon which and subject to which all lots and portions of such lots shall be improved or sold and conveyed by it as owner thereof. Each and every one of these covenants, conditions, reservations, and restrictions is and all are for the benefit of each owner of land in such subdivision, or any interest therein, and shall inure to and pass with each and every parcel of such subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations, and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof, to -wit: Each lot shown in the recorded plats of Finger Lakes Estates West is subject to all the following restrictive covenants which shall be dcemeI covenants real running with the land for the mutual benefit and protestion of all lot owners in the said subdivision: 1. No structure or'builOing of any kind, or construction of any sort shall be placed or constructed upon this property unless and until plans and description of same shall have been submitted in duplicate to, and approved in writing by the Architectural Committee appointed by the Board of Directors of the Finger Lakes Estates West, or other successor proprietors or assigns. 2. Except with the written consent of the: Architectural ucxnx AND BUTLsa Committee:, no structure, tent, outside toilet, or other living quarters, k ATT'OtMRTO AT LAW wevernerrs= VA. 11goa l tI"VTN"Mu1e" temporaryor permanent, shall be placed upon any part of the property. w 2- - I BOOK The use of house trailers is not permitted in this subdivision development known as tile. Finger Lakes Estates West. 3. 13uildings may be of a contemporary period or modern design, and may be constructed of wood, logs, stone, masonry or composition but must be finished or painted in such a manner as not to detract from, or mar the natural beauty of the surroundings. 4. No structure may be placed nearer than forty feet from any front or twenty feet from any side or rear line of any abutting property line. S. Stich lots, and each and every one thereof, are for single- family residential purposes only and no dwelling house shall be erected on any of said lots unless the same shall comply as follows: The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1, 000 sq. ft. for a one-story dwelling nor less than f 720 sq. ft. for a dwelling of more than one story; no construction, or improvements by lot owners shall be made upon the areas reserved for casements. 6. No more than two dwellings may be built on any one lot. 7. Garages, porches, and patios, carports, or car shelters, if built, shall be attached to, and a part of the main dwelling, unless approved in writing by the Architectural Committee for the use of a separate garage or storage facility. 8. Further Subdivision: No lot shall bc; further subdivided or used as a roadway for access to any property lying outside the boundaries of ringer Lakes Subdivision wlthout the prior written consent of raid parties of thc:.tirst part herein and the Owners Association having been first obtained hICICkr. AND nvTLFn and recorded in the Clerk's Office of the Circuit Court of Frederick County, ATT0tINt1Y■ AT LAN W11"Clonarrm. VA.82001 ,I $GUTHCA.ICROII.Tntt. Virginia. The above restriction against further subdivision shall not apply I -3- a i i y 1 MCKRR AND BUTLRH ATTORNRTR AT LAN MIMCftfiRR. VA. 22001 I "WTH CA1I9104 stag" 1 BOCK 4CO 0: to a resubdivision of lots which results in an increase in the size of the lots affected. 9. No open fires shall be permitted on any part of the property Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens. 10. No building shall be used for any other than single-family residential purposes (except on lots otherwise designated by Finger Lakes IEstates West) and no offensive trade or other offensive activity shall be carried on, on said lots, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. 11. No trees over two inches in diameter shall be cut down without permission of the Architectural Committee. 12. No signs of any nature whatsoever shall be permitted to be placed on the property by the purchaser except one name sign not exceeding 6 inches in height and 36 inches in length. 13. Garbage must be kept in covered metal or plastic containci and trash, such as tin cans, bottles, paper, etc. , shall be kept in garbage or wire containers, and all of it disposed of according to the laws of the State of Virginia and the ordinances of Frederick County, Virginia, and the rules and regulations of the owner and proprietor of this subdivision or its assigns. 14. No rifles, shotguns, or other small arms shooting shall be permitted anywhere in Finger Lakes Estates West, except in areas rescrvc and designated for such use by the Finger Lakes Estates West. 15. All roadways, streets and rights of way set forth on said plats are for the right of ingress and egress to lots from the public highway for lot owners and the guests, agents and invitees of lot owners of Finger Lakes Estates West. — 4— eoK 4GC' r,-r CJ . 1 16. Finger Lakes Estates West. reserve the right of way entry upon, over, across and said lots for the of constructing, .through purpose operating, maintaining and repairing pole lines for electrical and telephone ser- vice, and other utilities, reserving to the Finger Lakes Estates West the sole right to convey the rights hereby reserved; there is also reserved any drainafi easements as may be shown on any subdivision plat, or shall become necess y. No owner of any lot shall interfere with the natural drainage of surface water from such lots to the detriment of any other property owner. 17. All Membership Applications and Sales Contracts, including originals, resales, etc. , are subject to the approval of Finger Lakes Estates West or other successor proprietors or assigns and the right of said proprietor to refuse said contracts and applications is reserved. 18. No residence shall be occupied until the same has been substantially completed in accordance with its plans and specifications. 19. All structures constructed or placed on any lot shall be ► constructed with a substantial quantity of new material and no used structures shall be relocated or placed on any such lot. 20. All outdoor clothes poles, clothes lines, and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street, lake, or park within Finger Lake Estates West. 21. No owner of any lot shall build, or permit the building E thereon of any dwelling house that is to be used as a model house or exhibit unless prior written permission to do so shall have been obtained from Finger Lakes Estates West. 22. No oil, or natural gas drilling, refining, quarrying, or { ' mining operations of any kind shall be permitted upon, or in any lot, and no 'i MOCrE AND BVTLPH derrick or other structure designed for use in boring for oil or natural gas ATT'ORNNT/ AT LAW - j WINCIINNTN". VA.22001 -- shall be erected, maintained or permitted on any lot. It SOUTH CAMERON *TR14T S J i 1 { A a l BOOK 4GG i; O' Ci 23. Any dwelling or outbuilding on any lot in the section or I 1 subdivision which may be destroyed in whole or in part by fire, windstorm, or any other cause or act of God must be rebuilt or all debris removed and the lot restored to a sightly, condition with reasonable promptness, provided however, that in no event shall such debris remain longer than six (6) months. 24. In, the event an owner of any lot in the subdivision shall fail to maintain the premises or the improvements situated thereon in a man" satisfactory to the Finger Lakes Estates West, the said proprietor shall have the right, through its agents, and employees, to enter upon said lot and rcPairIII , maintain and restore the lot and the exterior of the buildings and any other improvements erected thereon. The. cost of such exterior maintenance shall be added to and become part of the annual charge to which such lot is subject. 25. Each lot owner is obligated to pay when due the annual assessment to be levi(--.d upon each lot owner to defray the cost of Maintenance of roads and the other amenities maintained by Finger Lakes Estates West, i� said fee is to be an assessment in the amount of .$48.00 annually. i ;i 26. Should any lot owner become: delinquent in the payment of dues to Finger Lakes Estates West for the maintenance of roads and common i facilities, he shall be denied the - use of all amenities furnished and maintaincl1 by the Finger Lakes Estates West until such time as the delinquency has been i eliminated, provided, however, that said owner shall, at all times, have, the right to access over the private roads in the subdivision to and from his lot. Such charge shall bear interest from the date of delinquency at tide rate of ;i 67, per annum, and shall, upon the date of delinquency, constitute a lien can I I I each lot to which the delinquency pertains, the said lien to cover the principal) amount of the delinquent charge, interest, and reasonable attorney's fees N: MVXXX AND 11VTLSR ATTORNRTR AT incurred in the collection thereof. Every such lien may be enforced by equita )le M1Nf NUWTRR. VA. 92001 . °YtMC•"`"O"•'""' foreclosure suit f;l, d in the Circuit Court of Frederick County, Virginia, III' � f i -6- i B00.(�i�JO anytime within three (3) 'years after the date o3 delinquency. The remedy of foreclosure is n6n-exclusive 111d Finger Lakes Estates West reserves all other remedies provided by law for the collection of such delinquencies. eM1 Finger Lakes Estates West has the right to publish the names of delinquent lot owners in such manner as it may deem appropriate. The written dated statement of Finger Lakes Estates West that no delinquency exists hereunder as of said date shall. be conclusive evidence thereof. 27. Whenever the owner of any lot in the section or subdivision shall receive a bona fide offer to purchase said lot, which offer is acceptable to said owner, or shall independently decide to put said lot on the market, said owner shall offer to sell said lot, at the price and on the same terms contained in said bona fide offer, or (if said owner shall independently have decided to put said lot on the market) at the price and on the terms acceptable to first, to the owner of the lot on the right of the said owner, prospective seller's lot, next to the owner of the lot on the left of the prospective seller's . lot, said offers to be in writing and sent to the last known addresses of said owners as indicated on the tax records of Frederick County and finally to Finger Lakes Estates West, its successors or assigns. Said offerings shall be made successively, and each of said offerees shall have ten (10) days from the date of mailing of the offer within which to accept or refuse such offer. If all said offerees refuse to purchase said lot at the price and on the terms f proposed by said owner, said owners shall be free, subject to the limitations I contained herein requiring the purchaser to have been approved for members ip in Finger Lakes Estates West to sell said lot to the party who shall have mad said bona fide offer or (if said owner shall independently have decided to put said lot on the market) to any third party, in either case at a price and on r j MCKICH AND BErMIM terms not substantially more favorable to the purchaser than those offered ' ATTO"HINTO AT "W WMAIM"T►w. VA.22001 as aforesaid, to said owner's neighbors and Finger Lakes Estates West, or II[OYTNCRMLRONSTREET -7- f , t y t. 3 its successors or assigns. The; "lot on the.right" for the purpose of this paragraph shall be the next lot on one's right hand as one faces the rear of one's own lot; provided, however, that Finger Lakes Estates West and its successors or assigns shall be exempt from all provisions of this paragraph as to initial conveyances, re -acquisitions and reconveyances of any and all lots. It is further provided that if the owner or owners of any lot being sold or conveyed shall incorporate in the deed of conveyance, or attached to the deed or conveyance, to be recorded therewith, an affidavit under oath that the provisions of this paragraph have been complied with by said owner or owners making the conveyance and that none of the parties having a right of first refusal have exercised their right to purchase the property, such affidavit shall create a conclusive presumption that the paragraph has been complied with and any purchaser or purchasers, or their successors in title, may rely upon said affidavit, and shall be fully protected in relying upon said affidavit, as to compliance with this paragraph and the title to any lot so conveyed shall be valid in perpetuity and immune from the objection or attack by any person or party whatsoever as to compliance with this paragrap of the restrictions and covenants, 28. The Architectural Committee shall have the authority to set up regulations as to the height and size requirements for all other types of buildings and structures, including fences, walls, copings, etc. 29. Each property owner erecting a dwelling on his lot shall have six (6) months from the beginning of construction to complete the exterior construction including grading, seeding, landscaping, etc. 30. The Architectural Committee may allow reasonable variances and adjustments of these restrictions in order to overcome practic, MCHIM AND IIVTLISR difficulties and prevent unnecessary hardships in the application of the ATTOUPONTS AT LAW "'m"■fTNN. `'4682e01 provisions contained herein; provided, however, that such is done in conform t1 SOYTN 64Y6eON rear " 8- . i BOOK fgc with the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental or injurious to the other property or improvements in the neighborhood, the section, or the subdivision. 31. This owner and proprietor of Finger Lakes Estates West, and its assigns, as owner and proprietor, reserve the right to add to, subtract from, and change these restrictions in the other subdividing of its remaining land or other acquired lands. 32. That land lying along the southern boundary of Route 259 and designated on the attached plat as 'Marvin Sheppard Retained Portion" Is specifically exempt from the restrictive covenants contained herein and may be used for commercial purposes. 33. Invalidation: The invalidation by judgment or court order of any one or more of the covenants contained herein shall in no wise affect the validity and enforceability of the remaining provisions hereof. The party of the second part and the party of the third part ,join in this Indenture for the sole and exclusive purpose of indicating their consent to the subdivision of the subject land and by this instrument do not release or in any wise affect that certain Deed of Trust, dated June 11, 1971, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 377, at Page 360, wherein the subject land was conveye, to Benjamin M. Butler, et al, Trustees, either one of whom may act, in trust to secure a certain bond described therein, payable to Old Dominion Savings and Loan Association. WHEREAS, by deed dated October 27, 1972, Elsie L. Sheppard, et al, conveyed a certain lot to Paul J. Goode and Peggy M. Goode, his wife, parties of the fourth part herein, which lot is described in the aforesaid deed as Lot No. 5 on the plat and survey of Finger Lakes West, Section Two, of record In the aforesaid Clerk's Office in Deed Book 399, at Psge 691. 9- r 1 . 1 C BOOK _ 4011 P. CE .50,5 ' NOW, THEREFORE, IN CONSIDERATION of the sum of One Dollar, ($1.00), cash in hand paid and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties of the fourth part do covenant and agree that the said Lot 5, Finger Lakes Estates West, Sectio Two shall be subject to the restrictive covenants and conditions contained in th's Indenture and that the cam, shall be bindin on their heirs successors in interest and assigns. The above and foregoing subdivision of Finger Lakes Estates West, more particularly described by the aforesaid survey of John W. Veatch C. L. S. , dated October 25, 1972, as appears in the aforesaid plat is with the free consent and in accordance with the desires of the undersigned owners. WITNESS the following signatures and seals: ' y (SEA] ELSIE L. SI1LI P 1 ' // (SEAT E. ARVIN SIIE A _ OLD DOMINION SAVINGS AND LOAN •• a. ��......, ,., ASSOCIATION bl : t 'y,� • � i J • .. ♦ t . • N i By, IL s� : ;�'°'' 1 s,61r '''�•; o EARL W. FOREMAN, VICE PRESIDI Al S L. J , A S, 1 1 SECRETAR -TREASURER MCiCeB AND BVTLSR ?? AT"W"ItT'/ AT LAM Mt/+csssrle>t. A. 211 11 OOYTM CAM[.OM NO[[T r Al EY (SE) �'1�1r~��CIIIL w 10.. r.. Y - 4CP" IPO ► T° AT Sb 0 21,435•15 Q r LAMP Nd4`/s`2'%'R 000 t'OO.G}O' , $FIE�A n 2O, 864.10 (j t ti r yS� olwA 1590PAPP A 0 E17.28' _ r n � 0 0 A 4 24, 320•G4 {� A „ 1A 0 O 0 00 sr 5 2G, 048.91 � u l•' ZG�• /3' 0 2 7, 77-7. 19 0 n 2LgG•41I O O515.Co2" 1 0 O 4t 9 a 11 °SIG. G2' sf 10 ►r1r. O314. 5/ 2 ovrNsRs cEttTI FI"lrrw WET"t UNDE25IGNED OWNE25 DO HE¢EBY CE¢TIFY THAT THE SUbD1VI5rnN SHOWN HEREON IS \VIT'H OUR FREE CONSENT AND IN ACCORDANCE \Y1TH OU2 DMILE9. WE FURTi-IER CE¢TIFY THAT WE SHALL_ NOT RFOUEgT THE rjOAXD OF SFUMPY10OR$OF FR•BDERICK COUNTY V1IZGt1J1A 04 THE: VIRGINIA DEPARTMENT OF HIGHIVAYS TO INCORPOItArE, THE OTKEETS 61401YN HEREON INTO THE HIGHWAY 'SYSTEM UNTIL SAID dbTREET+b ARE CONSTRUCTED TO STANDARDy APPROVED by 5AID VIRGINIA,D6PAWTMENT OF HIGHwAYO. DATE: O/$/7S 4Y' _ - '0Y: I. _ SUALV%'1MAL 9 clelzrW I CATS I H612EbY CEIETI FY THAT THE PLAT SHOWN HEREON IS CO2RECT i THAT IT I`✓ A SL;spIV16ION OF A PDXTIONOF LAND CONVEYED TO ELSI£ FI. SHEPPAIZD AND MARVIN E. SHEPPAP-0 BY DEED DATED MAYO, 1909 AND RECORDED IN DEED BOOK $54 PAGE 490 AMONG THE LAND R6CORD5 OF FREDERICK COUNTY VIRGINIA . GATE: 15y Teico A x s o cm res Imc. R"-fw"As • "AmylEles - S11XV24" s 417 y ZY'r BROAD J7 ///O 6,62RYY/LLE AYE. ,rAZ4J ellel'C// , Y/eG/M/�4 XAeG/N/A JW - 4048 2ZO46 1 1 662- /'V4 1P6o/ c U2ve DATA N3 DELTA AEAVIU6 ACC CIiQCD CHO2D P35ACINO 534. 50 ' 245. rI ' 244. 40' 9 53 74 , Cal 2 35027,04" 276- 13 1170.29' 1 1W7.63' 1 43*o2'41"& NATMID I- TOTAL- ACEA S14OWN ON TH10 PLAT S6 328j a99.9 A VaUAPE FEE7 OQ ' fp8 ACW-W-b .rNCLUDIKG W-6A01% A•5 OMOWN. !O' PATHWAY EASEMENT TO LAIGE -WAVARD orllCR 44 W � �� FINAL PLAT FF - SUBDIVISION SECTION ,A, FRltxR/cw. ,cOVNTYf VIRGINIA y ti .V, A g m a h *4 40h1 4 vt • � N yNW)t4 n v .g 4 aa`0 64 �y y �,•�IC ti �'ofl EASEMENT �P y • 2pr n`'' Y 2 0Zo 7 of 0 e l 7 2ip. o ¢ � o- p Nye � � 6_ 30W Q got 19 n� 26s: ¢ iy 26 // 2 27 "•B h oo I o p. off' 4 6 9 7 i Z5le M 8 % 6 3 ', S 2� 'Itto 9 A 286 ' 4r , e 0I so moo, 32 sz aE 0 3.9 io7 T. 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A3 CAVeC*.p Y.4. W1WCW4U7Ze , YA. PRIMAL- PLAT 14as 2e. , uE t sue -DIVISION SECTION 'BA PMVSRJCK COUNIY9 VlJt QJf4lA L FER LAKE ESTATES