Prepared by:  Burton C. Smith, Jr., Attorney, Waynesville, NC
 

DECLARATION OF COVENANTS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND CONDITIONS
 

THIS DECLARATION made this the 30th day of November, 1999 by JAMES WILSON FISHER II, Trustee under the Will of James Wilson Fisher and President of The Grace C. Fisher Family Limited Partnership, [hereinafter called "Developer"], the owner of land situated in Haywood County, North Carolina, known as "FISHER RIDGE SUBDIVISION", being more particularly described as a 7,514 acre tract as shown on the survey and plat by Plemmons Land Surveying recorded December 1, 1999 in Plat Cabinet C, Slot 2272, Haywood County Registry.
 

WHEREAS Developer desires that all of the above-described real property be subject to like covenants, restrictions, reservations, easements, and conditions for not only the mutual benefit and protection of Developer and his heirs, successors and/or assigns, but also to protect the unique character of said real property and to help assure ever-increasing property values in the subdivision;
 

Developer does hereby declare said real property to be subject to the covenants, restrictions, reservations, easements, and conditions as follows:
 

1.  RESIDENTIAL PURPOSES.  Lots should be used for residential purposes only, with the exception that one home office (not to exceed 25% of the total heated living space) used exclusively by the lot owner is permitted in each family dwelling unit.  Other than such home offices, no other commercial use, industrial use, manufacturing use, religious undertaking or use, use for private or public rallies, civic or fraternal organizational headquarters use or use for the on-site distribution of goods or services is permitted.
2.  BUILDING SIZE.  No structure, except as herein provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) single family detached dwelling and one (1) enclosed attached garage, hereinafter referred to as a "family dwelling unit".  No family dwelling unit shall be constructed of less that 1500 square feet of heated living space.  Garages, porches, decks, patios, greenhouses, unfinished basements of cellars shall not be considered "heating living space" in meeting the above requirements.  Each family dwelling unit must have (at a minimum) a garage sufficient in size to accommodate one (1) automobile with a solid and operable garage door operated by an electric garage door opener.
 

3.  DETACHED BUILDINGS.  No additional detached buildings of any kind shall be permitted on any lot.
 

4.  BOUNDARIES.  No lot shall be subdivided nor its boundary lines relocated for any purposes except to merge an additional lot or part thereof so as to create a lot larger than the original.  Developer retains and reserves the right to re-plat any lot or lots shown upon a plat prior to the original conveyance by Developer for any purpose in order to create a modified lot or lots.
 

5.  SETBACKS.  No family dwelling unit shall be placed within twenty  (20) feet of any property line.  No vehicles shall be parked within twenty (20) feet of any property line.  In the event that the plat designates a specific building area for any lot, the family dwelling unit on such lot shall be placed within the designated building area regardless of other setbacks requirements.
 

6.  EASEMENTS.  Developer reserves to himself, his successors and assigns, a perpetual alienable and releasable easement and right of way on, over and under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, stormwater drains, water mains, and other suitable equipment for the conveyance and use of electricity, cable television, security cable equipment, telephone equipment, gas, sewer, water, electronic communications or other private or public conveniences or utilities on, over or under the rear and front fifteen (15) feet of each lot, and fifteen (15) feet along all sides of each lots, and such other areas as shown on the applicable plats.
 

7.  ACCESS.  Entrance to all lots shall be through the main entrance to the subdivision.  No entrance to a lot adjoining a State Road or other easement, roadway or driveway shall be permitted.
 

8.  MOBILE, MANUFACTURED OR MODULAR HOMES.  No mobile homes shall be permitted on any lot at any time.  No family dwelling unit shall consist or have incorporated within it (whether upon wheels or fixed upon a foundation) any trailer or mobile home (whether single-wide, double-wide, or larger).  Provided, however, with the written permission of Developer which permission may be withheld for nay reason, a family dwelling unit may consist of or have incorporated within it prefabricated components that were manufactured off-site if such components are comparable to an otherwise site-built family dwelling unit built in compliance with the applicable State and county building codes and regulations.  This exception does not allow in any event any construction that was at any time a trailer or mobile home (whether single wide, double-wide or larger regardless of whether upon wheels or fixed upon a foundation).
 

9.  RECREATIONAL VEHICLES, CAMPERS AND TEMPORARY STRUCTURES.  No structure of a temporary nature including any recreational vehicle, camper, tent, motor home, travel trailer, or any temporary structure may be used as a residence or occupied for any period of time.  No basement, garage or partially completed building may be occupied for any period of time.  Provided, however, that a contractor may use temporary construction buildings or trailers during any permitted period of construction.  Any such temporary construction buildings or trailers shall be placed as far as possible from all rights-of-way.
 

10.  PLANS.  All plans, specifications, and elevations (including designations of construction materials) must be approved  by Developer in writing prior to commencement of any construction.  Prior to commencing construction, a lot owner must submit to Developer a site plan showing the location and orientation of all buildings, driveways, culverts and other improvements which site plan must be approved by Developer in writing prior to commencement of any construction.  No structure exceeding twenty eight (28) feet in height shall be allowed without the express written consent of Developer.  In the event that a lot owner plans to alter the natural drainage pattern of a lot, the submitted site plan shall show the planned changes in contour and planned drainage pattern of the lot.  After the commencement of any construction, the exterior of all buildings under construction (including doors, windows, trim and finished roofing) must be completed within six (6) months of the date that construction is commenced
 

11.  TYPE OF CONSTRUCTION.  All construction shall be completed with an exterior design and of exterior construction materials that are in the sole discretion and opinion of Developer consistent with the overall design criteria of the subdivision.
 

12.  EXPOSED BLOCK.  No concrete or cement block shall be exposed unless they are faced with stucco, plaster, rock, brick, wood, or other approved finish.
 

13.  GRADING.  Prior to construction of a family dwelling unit to be built with no basement, a lot owner shall complete 100% of the final grading consistent with the submitted and approved plans.  Prior to construction of a family dwelling unit to be built with a basement, a lot owner shall complete 90% of the final grading consistent with the submitted and approved plans.
 

14.  CONSTRUCTION BY CONTRACTOR.  All construction shall be carried out by a properly licensed North Carolina General Contractor maintaining current public liability and premises liability insurance.  No construction shall take place on any lot without all of the proper permits issued by the applicable county and/or State authorities.  All construction shall comply with and be completed in accordance with all of the applicable State and county building codes and regulations.
 

15.  CONSTRUCTION MATERIALS.  No construction materials or building supplies shall be stored in view upon any lot except during a permitted period of construction and any leftover supplies and/or scraps shall be promptly removed from the lot immediately upon completion of such construction.
 

16.  ROAD DAMAGE.  Any damage to any subdivision roadway caused by construction upon a  lot or the delivery of construction materials or equipment to a lot shall be promptly repaired at the sole expense of the lot owner whose construction caused said damage.
 

17.  SIGNS.  No signs of any kind shall be permitted upon any lot at any time except a sign containing the name of the lot owner or occupant and a street number, a sign placed by a lot owner designating a lot of resale and signs placed by Developer designating a lot for sale.  Otherwise, Developer shall have the right to remove any signs that violate this provision and, in so doing, is expressly relieved from any liability for trespass or other tort in connection therewith or arising from such removal.
 

18.  ANIMALS.  No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other commonly domesticated household pets (not specifically prohibited herein) may be kept, provided that such animals are nod bred or maintained for commercial purposes.  Exotic animals including snakes, monkeys, wolves, lions, tigers, and other large cats or animals shall not be allowed.  Pit Bulldogs, Doberman Pinschers or Rottweilers shall not be permitted upon any lot.  Pets, when running loose, shall be kept strictly within the lot boundaries of the lot owner.  At all other times, pets shall be kept securely on a leash.  No pets are permitted if they are kept so as to constitute a nuisance.  No more than two (2) animals shall be kept outdoors on any lot.  Only one fence enclosure shall be allowed per lot and shall not be allowed any closer that fifty (50) feet from any lot line.  Said fence enclosure shall not exceed one hundred (100) square feet in area and shall be constructed in a manner and of such materials as may be approved by Developer consistent with properly submitted plans, specifications and elevations.
 

19.  TANKS.  All fuel or storage tanks of any kind shall be fully buried below ground level.
 

20.  GARBAGE.  Each lot owner shall provide sanitary containers for trash, garbage and other waste.  No trash, garbage, construction debris or other unsightly or offensive material shall be placed upon any lot.  All garbage and refuse containers shall be enclosed or screened from view.
 

21.  METAL BUILDINGS.  No metal storage buildings shall be permitted upon any lot.
 

22.  OUTSIDE STORAGE.  No outside storage of any sort shall be permitted upon any lot.
 

23.  FENCES.  No fences shall be permitted on any lot except as may be approved as to location, construction, materials, height and color in writing by Developer and in no event shall any fence exceed six (6) feet in height.
 

24.  EXTERIOR LIGHTING.  No street-type, dusk-to-dawn or watchdog-type exterior lighting shall be permitted upon any lot without the express written consent of Developer.  Low voltage, low wattage and/or landscape-type lighting is permitted.  Motion and switch-activated lighting (not otherwise excluded) that is attached to a building is permitted.  No exterior lighting of any type that is deemed in the sole discretion and opinion of Developer to be excessive or which materially affects the use or enjoyment of any lot other than that upon which it is located shall be permitted.
 

25.  ABOVEGROUND POOLS.  No aboveground swimming pools (with the exception of small, inflatable "kiddie"-type pools) shall be permitted upon any lot.
 

26.  GARDENS.  Vegetable gardens not to exceed three hundred (300) square feet are permitted provided that they are located in the rear of the family dwelling unit and no closer that thirty (30) feet from any lot line or the edge of any easement or right of way.
 

27.  STRUCTURES FOR RECEIVING ELECTRONIC TRANSMISSIONS.  No equipment for receiving satellite or electronic signal transmissions shall be permitted except one twenty-four inch (24") receiver dish attached to the family dwelling unit in a location to be approved by Developer as part of the plans, specifications and elevations submitted and approved prior to construction upon a lot.
 

28.  DRIVEWAYS.  All driveways shall be paved with asphalt or concrete within three (3) months of the completion of construction of the family dwelling unit.  Each lot owner shall maintain their individual driveway and parking areas in a state of good repair.  Paved areas shall be maintained so as to avoid the growth of vegetation and excessive cracking.  In addition, paved areas shall be maintained with an appropriate covering of paving material to avoid exposed soil.
 

29.  PARKING.  All lot owners of a family dwelling unit shall provide sufficient space for parking any and all vehicles off of the the subdivision roadways.  No parking on the subdivision roadways shall be permitted.  No recreational vehicle, camper, tent, motor home or travel trailer shall be regularly parked or stored on any lot except within the garage or situated in such manner so as to not be visible from subdivision roads.
 

30.  VEHICLES.  No unlicensed, disabled and/or abandoned vehicles shall be permitted upon any lot.  No unlicensed, disabled and/or abandoned vehicles shall be stored upon any lot.  No major repairs shall be permitted to be performed upon any vehicle parked upon any lot.
 

31.  FIRES.  No outdoor fire shall be started upon any lot or within the subdivision.  No leaves, trash, garbage or similar debris shall be burned upon any lot except as may be permitted by Developer.
 

32.  WATER COURSES.  No lakes shall be constructed nor shall the course of any stream be changed upon any lot nor any culverts installed in any stream without the prior written approval of Developer.
 

33.  TREES.  As important design criteria of the subdivision is the maintenance of aesthetically appealing vegetation.  Accordingly, excessive tree removal shall not be permitted and no tree(s) measuring six (6) or more inches in diameter in one point two (2) feet above ground level shall be removed from any lot without the written approval of Developer.  Excepted herein shall be damaged trees, or trees which require emergency removal.  No trees shall be allowed upon any lot that materially affect the use or enjoyment of any adjoining that create in the opinion of Developer a major obstruction to the view from any family dwelling unit.  No damaged tree or trees or other vegetation that pose a threat of damage, injury or blockage to any easement, right of way or family dwelling unit shall be permitted and shall be immediately removed by the lot owner at the sole expense of the lot owner.
 

34.  SEWER.  No sewage shall be emptied or discharged into any creek or upon the open ground.  No sewage disposal system shall be used upon any lot unless such system is designed, located, constructed and maintained in accordance with the requirements, standards, and recommendations of the applicable State and county authorities.  Each sewage system shall be maintained in good condition so that its use and existence shall not constitute a nuisance to any lot owner.  Every family dwelling unit shall have permanent plumbing and running water and a permanent sewage disposal system.  No temporary plumbing, water or sewage systems shall be permitted upon any lot.
 

35.  UNKEMPT CONDITIONS.  It is the responsibility of each lot owner to prevent the creation or continuance of any unclean, unsightly, unkempt condition of buildings or grounds upon their lot.  Developer shall have the right (but not the duty) to enter upon any lot for the purpose of abating any unclean, unsightly or unkempt condition of buildings or grounds that tend to decrease the beauty of the neighborhood as a whole or the specific area.  This right to abate shall include the mowing of any lot not kept regularly and fully mowed.  The cost of such abatement and any damage resulting from such entry shall be the responsibility of and paid by the specific lot owner and shall not be deemed a trespass.
 

36.  EROSION.  Developer shall have the right (but not the duty) to protect other lots and the common areas  of the subdivision from erosion by planting grass, trees, plants and/or shrubs where and to the extent necessary or by such mechanical means necessary to provide drainage ways and/or drains or other means deemed expedient or necessary by Developer to provide against and insure against erosion.
 

37.  ABATEMENT.  Whenever Developer is permitted by these covenants to correct, repair, clean, preserve, clean out or take any act upon any lot or upon the easements of common areas adjacent thereto, entering such lot, easement or common area and taking such action shall not be deemed a trespass.
 

38.  NUISANCE.  No obnoxious or offensive activity shall be permitted upon any lot nor shall anything be done tending to cause embarrassment, discomfort, annoyance or nuisance to any lot owner, tenant, guest thereof thereby diminishing the enjoyment of other lot owners.  No plant, animal, device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of other lot owners by the lot owners, tenants, and quests thereof shall be permitted or maintained.  The operation of dune buggies, minibikes, dirt bikes, three or four wheel ATV's or similar vehicles shall be conclusively presumed to be obnoxious and offensive activities.
 

39.  HUNTING.  No hunting and/or trapping of animals, fowl and/or game shall be permitted upon any lot or within the subdivision and no discharge of firearms, weapons, crossbows and/or bows and arrows for nay purpose shall be permitted upon any lot or within the subdivision.
 

40.  RESPONSIBILITY FOR OTHERS.  Lot owners assume responsibility that all dependents, guests, servants, tenants and visitors shall observe and maintain all of the covenants, restrictions, reservations, easements, conditions, rules and regulations binding the lot owners themselves.
 

41.  MAINTENANCE.  Each lot owner of each lot as of January 1 of each year hereafter shall be subject to the "Annual Maintenance Charge" fixed by Developer in an amount equal to a pro rata share of the total cost to which such charges are devoted and as herein described, utilizing the following formula, total cost divided by the total platted lots.  However, such Annual Maintenance Charge shall be at least $150.00 regardless of the above-described formula.  The assigns of Developer may include a Property Owner's Association which may hereafter be organized.  Each lot owner covenants for himself, his heirs, successors and assigns, that the Annual Maintenance Charge will be paid to Developer, his successors and assigns, on the first day of April in each and every year.  The Annual Maintenance Charge shall be devoted to the maintenance (including repaving) of the subdivision roads, signs, lights, gates, entrance landscaping, drainage or common areas shown on the subdivision plats, and such other subdivision purposes as shall from time to time be determined by Developer, his successors and assigns.  Developer is granted a lien upon the real property of each lot owner for the amount of any unpaid Annual Maintenance Charge.
 

42.  PROPERTY OWNERS' ASSOCIATION.  If a Property Owners' Association is formed, each lot owner is required to join said association and hereby agrees to be bound by the rules and regulations of such association not inconsistent with these covenants and restrictions.  Developer may assign from time to time all or some of his rights and duties under these covenants, restrictions, reservations, easements and conditions to the Property Owners' Association; and, after such assignments, the Property Owners' Association shall be entitled to the full exercises of such rights and duties in the same manner as though exercised by Developer.  In the event of the assignment of a duty, Developer shall thereafter no longer be responsible in any way for the fulfillment of such duty.
 

43.  AMENDMENT AND VARIANCES BY DEVELOPER.  Developer, in his sole discretion, shall have the right to amend these covenants, restrictions, reservations, easements and conditions (in while or in part) at any time by executing a written instrument making said changes and having the same duly recorded in the Registry of Deeds, Haywood County, North Carolina.  Developer also reserves the right, in his sole discretion, to grant variances to these covenants, restrictions, reservations, easements and conditions on an individual basis.  Developer reserves the right in each instance to add additional covenants, restrictions, reservations, easements and conditions in respect to lands conveyed in the future by Developer, and to amend these covenants, restrictions, reservations, easements, and conditions from time to time, but such amendments shall not at any time alter the rights which shall have already been vested in any persons prior to such amendments.  The decision of Developer to grant or not toe grant variances as herein provided is discretionary and shall not be subject in any way to appeal or review by any board, agency, tribunal or court.
 

44.  ACTION BY DEVELOPER.  Whenever any opinion of Developer is required, any exercise of discretion by Developer is required or the written permission of Developer is required, the exercise of such function shall be within the sole, absolute and complete discretion of Developer and shall not be subject in any way to appeal or review by any board, agency, tribunal, or court.  The exercise of such functions by Developer shall not be held subject to or be governed by any standard of reasonability.  
 

45.  RUN WITH THE LAND.  These covenants, restrictions, reservations, easements and conditions shall run with the land and shall be binding on all parties, their respective heirs, successors and assigns.
 

46.  ENFORCEMENT.  Enforcement of these covenants, restrictions, reservations, easements and conditions shall be by any proceeding at law or equity against any person or persons violating or attempting to violate or circumvent any covenants, restrictions, reservations, easements and/or conditions, either to restrain or enjoin violations , or to recover any damages, or by any appropriate proceeding at law or equity against the land to enforce any lien created by these covenants.  The remedies given herein are distinct, cumulative remedies and the exercise of any of them shall not be deemed to exclude the rights of Developer to exercises any or all of the others or those which may be permitted by law or equity.  The failure to enforce any covenants, restrictions, reservations, easements and/or conditions contained herein, however long continued, shall not be deemed a waiver of this right to do so hereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not effect its enforcement.  Enforcement procedures may be instituted by any lot owner, Developer, the successors or assigns of Developer and/or the Property Owners' Association.
 

47.  SEVERABILITY.  Should any covenant, restriction, reservation, easement, condition, article, section, subsection, sentence, clause, phrase or term herein contained be declared void, invalid, illegal or unenforceable, for any reason whatsoever, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no way affect any other provisions herein and such remaining provisions are severable and shall remain in full force and effect.
 

48.  ATTORNEY FEES.  The prevailing party in any action brought under or by virtue of these covenants, restrictions, reservations, easements and conditions or which is applicable in any way to same shall be entitled to recover their full, actual attorney fees as part of the taxable court costs in such action and any legal fees resulting from the violation or attempted violation of these restrictions shall be paid for entirely by the violating party.