AMENDED AND RESTATED SUPPLEMENTARY DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS

The Meadows at FoxcroftThe Meadows Homes Association

[NOTE: Original copy with homeowner signatures recorded in Book 29618 at page 723 in the Mecklenburg Public Registry.]

THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA.

THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.

Prepared by and return to:Horack Talley Pharr & Lowndes, PA Cynthia Jones2600 One Wells Fargo Center301 South College Street Charlotte, NC 28202

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AMENDED AND RESTATED SUPPLEMENTARY DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS

WHEREAS, the original Declaration of Covenants, Conditions, and Restrictions for Foxcroft East was recorded in Book 3166, page 287, in the Mecklenburg Public Registry (“Original Declaration”);

WHEREAS, the Supplementary Declaration of Covenants, Conditions, and Restrictions for The Meadows at Foxcroft was recorded in Book 3542, page 235, in the Mecklenburg Public Registry (“Supplementary Declaration”);

WHEREAS, this amended and restated Declaration replaces the Supplementary Declaration in its entirety; and

WHEREAS, Owners of not less than 75% of the Lots have approved this amended and restated Declaration of Covenants, Conditions, and Restrictions.

NOW THEREFORE, The Meadows Homes Association (“Association”) declares that all properties described herein shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, and easements.

ARTICLE I. DEFINITIONS

1. “Association” means The Meadows Homes Association, a North Carolina non-profit corporation, its successors and/or assigns.

2. “Board” means the Board of Directors of the Association, appointed and elected in accordance with its Bylaws.

3. “Common Area” means all the real property owned by the Association for the common use and enjoyment of the Owners. The Common Area is described as follows:

All of that land designated “Townhouse Common Area” on the plat entitled “The Meadows at Foxcroft, Stage 1”, which appears on record in Map Book 17 at Page 29 in the Mecklenburg Public Registry.

4. “Common Expenses” means expenses incurred or anticipated to be incurred by the Association for the benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate under the Association’s Governing Documents.

5. “Contract Purchaser” means a person who, under a real estate installment purchase agreement, takes possession of a residence but does not receive the deed and title until all installment payments have been made.

6. “Contract Seller” means a person who, under a real estate installment purchase agreement,

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permits the buyer to take possession of the property, but does not transfer legal title until all installment payments have been made.

7. “Declaration” means this amended and restated Supplementary Declaration of Covenants, Conditions and Restrictions.

8. “Governing Documents” means the Association’s articles of incorporation, the Original Declaration, the Declaration, the Association’s Bylaws, and the Rules or Guidelines adopted by the Association.

9. “Lot” means any plot of land, with delineated boundary lines, appearing on any recorded subdivision map of the Properties except the Common Area.

10. “Member” means every person or entity who holds membership in the Association.

11. “Owner” means the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including Contract Sellers, but excluding those having an interest in a lot merely as security for an obligation.

12. “Properties” means the “existing property” described in Section II.1 hereof, and any additions thereto under Section II.2.

ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION

1. Existing Property . The property subject to this Declaration is located in Mecklenburg County, North Carolina and is described as follows:

A tract of land containing approximately seven acres, bounded on the North by Simsbury Road, on the East by Mullens Ford Road, on the South by Foxcroft East, Phase II, and on the West by the Governor’s Square subdivision; and more particularly described as The Meadows at Foxcroft, Stage 1, as the same is shown on map thereof recorded in Map Book 17 at Page 29 in the Mecklenburg Public Registry.

2. Additions to Existing Property . Additional land may be brought within the scheme of this Declaration by the Association’s merger or consolidation with other non-profit homeowners associations in accordance with the North Carolina Planned Community Act (N.C.G.S. 47F et. seq.) (“Act”).

ARTICLE III. MEMBERSHIP AND VOTING RIGHTS

1. Membership . Every Owner of a Lot subject to assessment is a Member of the Association. Membership is appurtenant to and may not be separated from ownership of any Lot subject to assessment.

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2. Voting . Voting rights of the membership are appurtenant to ownership of Lots. Each Lot has one vote in the Association. When more than one person owns an interest (other than a leasehold or a security interest) in any Lot all such persons shall be Members; and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot.

ARTICLE IV. PROPERTY RIGHTS

1. Easements of Enjoyment . Every Owner has a right and easement of enjoyment in and to the Common Area, subject to the Association’s right to:

(a) adopt rules regulating use and enjoyment of the Common Area;

(b) charge reasonable fees for the use of recreational facilities in the Common Area; (c) permit use of recreational facilities in the Common Area by persons other than Owners, their families, tenants, and guests upon payment of fees adopted by the Board;

(d) suspend the voting rights and enjoyment rights of an Owner for

(1) any period during which any assessment against the Owner’s Lot remains unpaid for a period of 30 days or longer; and (2) a reasonable period for any infraction of its Declaration, Bylaws, or Rules, or for any period during which the infraction persists;

(e) control use of unassigned parking spaces;

(f) with the written agreement of persons entitled to cast at least eighty percent (80%) of the votes in the Association, convey or subject property to a security interest.

2. Delegation of Use .

(a) The right and easement of enjoyment of the Properties may be delegated by Owners to their families, tenants, and Contract Purchasers who occupy the residence of the Owner within the Properties. Owners waive their rights of enjoyment during periods when such rights are delegated to tenants and Contract Purchasers. If an Owner’s rights are suspended in accordance with paragraph V.1(d) herein, then the Owner may not delegate those rights during the term of their suspension.

(b) Recreational facilities on the Properties may be used by guests of Owners, tenants or Contract Purchasers subject to the Rules of the Association.

3. Parking Rights . Ownership of a Lot entitles the Owner to two parking spaces. The Association may assign the parking spaces for each Lot and may establish rules concerning the types of vehicles that may be parked in them. The Board may adopt additional rules concerning parking, including, but not limited to, the criteria for towing or booting vehicles.

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ARTICLE V. ASSESSMENTS

1. Creation of the Lien and Personal Obligation of Assessments .

(a) Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) annual assessments or charges (sometimes called homeowner association “dues”), (2) special assessments, effective for defined periods of time, to defray the cost of construction, repair, or replacement of capital improvements or to replenish reserve accounts; and (3) personal-reimbursement assessments against an Owner’s Lot to cover (i) fines or penalties for violations of this Declaration or the Association’s Rules; (ii) costs incurred by the Association in bringing the Lot into compliance with the Governing Documents; (iii) costs incurred by the Association in repairing damage to the Common Areas for which the Owner was responsible; or (iv) maintenance, repair, or replacement costs incurred by the Association under Section VII.2(b) below.

(b) Any such assessment or charge, together with interest, late fees, costs, administrative costs, collection costs and reasonable attorney’s fees shall be a charge on the land and a continuing lien upon the property against which the assessment is made. Each such assessment, together with interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the Owner of such property when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them.

2. Use of Assessments . Annual and special assessments shall be used for the construction, maintenance, repair, and replacement of the Common Area and amenities; the exterior maintenance responsibilities of the Association as defined in Article VII; and administrative and operating costs of the Association.

3. Assessment Rate . Annual and special assessments must be fixed at a uniform rate for all Lots except in cases where an assessment may be levied against a specific Lot in accordance with the Act.

4. Annual Assessment Amount. (a) Effective January 1 of each year, annual assessments may be increased by the Board, without a vote of the membership, subject to the limitation that the percentage of any such increase shall not exceed the percentage increase in the Consumer Price Index (CPI-U), published by the Department of Labor, Bureau of Labor Statistics, Washington, D. C., for the 12-month period ending in the preceding month of July. At least 15 days before January 1, the Board shall send written notice of the assessment to every Owner subject thereto.

(b) Annual assessments may be increased without limitation if such increase is approved by Owners entitled to no less than two-thirds (2/3) of the votes represented in person or by proxy at a meeting duly called for this purpose.

5. Approval of Special Assessments. The Association may levy special assessments with the

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approval of Owners entitled to no less than two-thirds (2/3) of the votes represented in person or by proxy at a meeting duly called for this purpose.

6. Notice and Quorum. Written notice of a meeting called for the purpose of taking any action authorized under paragraph 4(b) or Section 5 above shall be sent to all Members not less than 30 days or more than 60 days in advance of the meeting. At the first such meeting, the presence of Members and proxies entitled to cast sixty per cent (60%) of the votes of the Association shall constitute a quorum. If a quorum is not present, another meeting may be called subject to the same notice requirement. The quorum at the subsequent meeting shall be one-half (1/2) that of the preceding meeting. No such subsequent meeting may be held more than 60 days following the preceding meeting.

7. Due Dates . Due dates for payment of annual, special, and personal-reimbursement assessments shall be established by the Board. Owners may pay annual and special assessments in monthly installments.

8. Effect of Nonpayment of Assessments: Remedies of the Association . If any assessment imposed hereunder is not paid within 30 days after the due date, a late charge of up to $20.00 or ten percent (10%) of the delinquency, whichever is greater, may be imposed. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six (6%) per cent per annum. The Association may bring an action at law against the Owner obligated to pay the same or foreclose the lien against the property, and late charges, administrative charges, costs of collection, interest, court costs, trustee’s commissions, and reasonable attorney’s fees of such action or foreclosure shall be added to the amount of such assessment. Owners may not escape liability for the assessments provided for herein by non-use of the Common Area, abandonment of their Lots, or other means.

9. Relationship of the Lien to Mortgages . In accordance with the Act, the liens provided for herein are prior to all liens and encumbrances on a Lot except (i) liens and encumbrances, specifically including, but not limited to, a mortgage or deed of trust on the Lot that were recorded before the filing of the claim of lien in the office of the clerk of the superior court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. The sale or transfer of any Lot shall not affect any assessment lien. However, where a purchaser obtains title to a Lot as a result of foreclosure of a first mortgage or first deed of trust, the purchaser is not liable for assessments that became due prior to the acquisition of title by the purchaser. The term “acquisition of title” means and refers to the recording of a deed conveying title or the time at which the rights of the parties are fixed following the foreclosure of a mortgage or deed of trust, whichever occurs first. The unpaid assessments are common expenses collectible from all Owners, including the purchaser.

10. Exempt Property . All property dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.

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ARTICLE VI. ARCHITECTURAL CONTROL

No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board, or by an architectural control committee appointed by the Board. If the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. The Association may charge a reasonable fee not exceeding $25.00 for receiving each application.

ARTICLE VII. MAINTENANCE RESPONSIBILITIES

1. General . (a) The Association shall be responsible for maintenance upon the Common Area and for some exterior building surfaces as detailed below. Any items not covered on the list below shall be the Owner’s responsibility.

ITEM TO BE MAINTAINED, REPAIRED, OR REPLACED*** RESPONSIBILITYASSN. OWNER

Air conditioning condenser units XAntennas (if approved by Architectural Control Committee) XAppliances XAttic ventilation fans, roof-mounted XBrick building surface, exterior XCaulking, exterior XCaulking, interior XCeiling fans, interior and exterior XCurbs XDoor thresholds XDoorbells XDoors, entry - exterior painting XDoors, entry – interior painting XDoors, entry – interior weather stripping XDoors, entry – lock mechanisms XDoors, entry – repair, replacement XDoors, glass patio XDoors, storm XDownspouts XElectrical switches, sockets, and wall plates, interior and exterior XFaucets, hose bibs, and handles located in common area XFoundation XFront entry landing, exterior (stoop) XGas lines from meter into and within home X

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Gutters XHandrails (Existing at the time Declaration is recorded) XHandrails (installed after Declaration is recorded) XHose bibs, front entry XHose bibs, patio XInsulation, interior walls and attic X

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Landscaping - common areas XLandscaping- shrubs, hedges XLandscaping - trees XLawn maintenance - edging XLawn maintenance - mowing XLawn maintenance – weed removal XLight fixtures, common areas XLight fixtures, exterior, front and back of home XLight fixtures, interior XPainting, exterior XParking spaces XPatio exterior walls XPatio floors XPatio gates XPatio gates, hardware XPenetration points of roof vents, plumbing stacks XRoof decking, sheathing, flashing, shingles, underlayment XRoof ventilating power and wind turbines XRoofs and skylight covers (not part of original construction) installed by Owners over their patio areas

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Sanitary sewer system – house connecting line (a sewer pipe that connects a home’s plumbing system to a lateral or main sewer)

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Sanitary sewer system – lateral ( a pipe or pipes that collect and carry water from house connecting lines to a main sewer)

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Sanitary sewer system – sewer cleanout (a pipe rising from a house connecting line or common lateral to the ground surface with a removable cap or plug)

X

Sanitary sewer system – manholes X

Sanitary sewer system – plumbing fixtures, outlets, and pipes within home XSatellite dishes XShutters XSidewalks XSiding XSmoke detectors, interior XSolar collectors XStairs and associated landings, exterior XStorm doors XStorm drains XStructural members of dwelling, including foundation X

Walls, common area X

Walls, interior XWalls, party X*Walls, patio exterior XWater heaters X

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Water supply lines – mains (lines from water meters into the common area) and water-service lines from mains to home exterior connections

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Windows, including glazing compounds X**Windows, interior hardware XWindows, screen XWiring, interior X

* See Article I X of this Declaration for information on the responsibility of Owners of adjoining Lots for repair of party walls.

** Owners must promptly replace broken glass in windows and doors. Windows may not be painted or covered with foil, cardboard, or similar materials.

***If a structural problem causes damage to one of the items the Association is responsible to repair, replace or maintain the Association may delay repair for the subject item(s) until such time as the Owner repairs the structural issues.

(b) To enable the Association to perform the foregoing maintenance, repair, and replacement, there is hereby reserved to the Association the right to unobstructed access over and upon each Lot at all reasonable times. Owners shall afford other Owners access across their Lots reasonably necessary for them to perform the maintenance, repair, or replacement actions for which they are responsible under this Declaration.

2. Additional Maintenance Responsibilities.

(a) Common Area . If the need for maintenance, repair, or replacement in the Common Area is caused through the willful or negligent act of an Owner, the Owner’s tenants, family, guests, or invitees, the cost (including the Association’s insurance deductible, if any) of such maintenance, repair, or replacement not reimbursed by insurance shall be added to the assessment to which the Owner’s Lot is subject and shall be collectible as an assessment as provided herein.

(b) Lots. If any maintenance, repair, or replacement needed for a portion of the property which is to be maintained by the Association according to the responsibilities set forth herein is caused through the willful or negligent act of the Owner, the Owner’s tenants, family, guests, or invitees, or is caused by a peril insured against under the homeowners policies required under ARTICLE VIII below, the cost of such maintenance, repair, or replacement shall be added to the assessment to which such Lot is subject and shall be collectible as an assessment as provided herein. (c) Agents. If damage is inflicted on any Lot by an agent of the Association in the scope of the agent’s activities as an agent, the Association is liable to repair the damage or to reimburse the Owner for the cost of repair. The Association shall also be liable for any losses to the Owner.

ARTICLE VIII. INSURANCE

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1. Association . The Association shall maintain property, liability, and other insurance policies required or authorized by North Carolina law.

2. Owners . Owners must maintain a North Carolina homeowners policy for coverage of their townhomes. Upon each annual renewal of their policies, Owners must provide a certificate of insurance to the Association’s management company.

ARTICLE IX. PARTY WALLS

1. General . Each wall built as a part of the original construction and placed on the dividing line between Lots constitutes a party wall.

2. North Carolina Law to Apply . To the extent not inconsistent with the provisions of this Article, the general rules of North Carolina law regarding party walls and liability for damage thereto shall apply.

3. Sharing of Repair and Maintenance . The cost of reasonable repair and maintenance of a party wall shall be shared equally by the Owners of the adjoining Lots.

4. Damage Due to Negligence or Willful Act . If a party wall is damaged through the negligence or willful acts or omissions of an Owner of an adjoining Lot, that Owner shall bear the full cost of restoring the wall to a condition substantially the same as before the negligence or willful acts or omissions occurred.

5. Destruction by Fire or Other Casualty . If a party wall is destroyed or damaged by fire or other casualty, without the negligence or willful act or omission of an Owner of an adjoining Lot, either Owner may restore the wall and thereafter be entitled to contribution of half the cost of restoration from the Owner of the adjoining Lot.

6. Weatherproofing . Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements.

7. Right to Contribution Runs With Land . The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title.

8. Arbitration . If a dispute arises concerning a party wall the dispute shall be subject to arbitration. Each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.

ARTICLE X. USE RESTRICTIONS

1. Residential Use . Lots shall be used for residential purposes only, except that part of a residence may be used as a home office not involving regular visits by clients, customers, or suppliers, and without external manifestations visible to neighbors.

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2. Rummage and Moving Sales . The Association may adopt time, place, and manner restrictions on rummage and moving sales.3. Occupancy Limits . The number of occupants of a Lot may not exceed an average of two persons per bedroom.

4. Leases . Residences or portions thereof may be leased, subject to reasonable rules which may be adopted by the Association. Leases must be in writing and must provide that their terms are subject to this Declaration and to the Bylaws and Rules of the Association.

5. Rental Limits . The Board may adopt rules limiting the number of residences that may be rented. These rules shall apply only to persons who become Owners after the rules are adopted, and must provide exemptions to prevent undue hardships.

6. Timesharing . Timesharing and similar programs whereby exclusive use of a residence rotates among participants in the program over a period of years are prohibited.

7. Religious and Holiday Displays . The Association may adopt rules concerning displays of religious and holiday signs, symbols, and decorations that are visible from outside the residence.

8. Flags and Signs . The Association may adopt rules restricting the display of signs and flags. Rules restricting the display of political signs and United States and North Carolina flags must comply with Federal and North Carolina law.

9. Nuisances and Offensive or Hazardous Activity . No activity may be conducted upon any Lot or in any dwelling if the activity constitutes an annoyance or nuisance, a hazardous or offensive use, or threatens the security or safety of others on the Properties.

10. Legal Violations . Activities that violate federal, state, or local laws or regulations are prohibited.

11. Noise. Use of televisions, CD players, iPods, radios, loudspeakers, horns, whistles, or other sound devices (except security alarms) in a manner audible in other residences is prohibited.

12. Fuels. The Association may adopt rules limiting the types and amounts of gasoline, heating, or other fuels that may be kept on the Properties.

13. Fireworks. The use and discharge of firecrackers and other fireworks is prohibited on the Properties.

14. Animals. No animals may be bred, raised, or kept on any Lot or in any dwelling except that no more than a total of four dogs, cats or other usual or common domestic household pets may be kept for other than commercial purposes. Dangerous dogs – that is, dogs with a known propensity to attack unprovoked, to cause injury, or to otherwise endanger the safety of humans or domestic animals – are prohibited. Pets must be registered, licensed, and

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inoculated as required by law.

15. Trash. Trash and recyclable materials may be kept outside the residence only in containers provided by the city. The containers must be kept at the rear of residences except when placed street-side for collection at times established in the Association’s Rules.

16. Clothes and Bedding Drying . Outdoor drying or airing of clothing or bedding is permitted only on patios. Clothes-hanging devices such as lines, reels, poles, frames, etc., must be stored out of sight when not in use.

17. Air Conditioners/Fans . Window air conditioners and fans that protrude past front window screens are prohibited.

18. Rules. The Association may adopt reasonable Rules concerning Owners’ use of their Lots.

ARTICLE XI. EASEMENTS

Easements for the installation and maintenance of driveway, walkway, parking area, water line, gas line, telephone, electric power line, sanitary sewer and storm drainage facilities and for other utility installations are reserved as shown on the recorded plat. The Association may reserve and grant easements for the installation and maintenance of sewerage, utility and drainage facilities over the Common Area. No structure, planting or other material shall be placed or permitted to remain which may interfere with the installation of sewerage disposal facilities and utilities, or which may change or obstruct the flow of water through drainage channels in the easements.

Every portion of a Lot and each townhouse constructed thereon contributing to the support of an abutting townhouse shall be burdened with an easement of support for the benefit of such abutting townhouse. Further, all attachments to the exterior walls of a townhouse which protrude beyond the delineated boundaries of the Lot, and which were constructed in conformity with the plans and specifications, shall be deemed to be included within said delineated boundaries and there is hereby reserved an easement to permit the construction of and continued existence of any such protruding attachment.

ARTICLE XII. GENERAL PROVISIONS

1. Enforcement . The Association, or any Owner, may enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, rules, liens and charges now or hereafter imposed by this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter.

2. Severability . Invalidation of any one of these covenants or restrictions by judgment or court order, shall in no wise affect any other provisions which shall remain in full force and effect.

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3. Amendment . This Declaration may be amended by either the affirmative vote or written agreement signed by Owners of Lots to which at least seventy-five percent (75%) of the votes in the Association are allocated. Any amendment shall be effective upon recording.

[SIGNATURES ON FOLLOWING PAGES]

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Property Address: Owners:

____________________________________

Print Name:

Print Name:

STATE OF NORTH CAROLINA

COUNTY OF

I, the undersigned, a Notary Public for said County and State, do hereby certify that , either personally known to me or proven by satisfactory evidence, personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument in writing for the purposes therein expressed.

20 .WITNESS my hand and official stamp or seal, this day of ,

[SEAL] Print Name:

My Commission Expires:

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SCHEDULE A

BEGINNING at a point located at the southeast corner of Lot 1 in Block 6 of Governor’s Square subdivision as same in shown on map thereof recorded in Map Book 14 at Page 415 in the Mecklenburg Public Registry (said beginning point being also located at the northern margin of Simsbury Road), and running thence 2 lines with the boundary of Block 6 as follows: (1) N. 21-20 W. 525 feet; (2) N. 30-43-03 W. 493.45 feet (to a point which is a corner of Tract 1 above); thence 2 lines with Tract 1, above, as follows: (1) N. 7-39-10W. 97.73 feet; (2) N. 14-44 E. 253 feet; thence 6 new lines as follows: (1) S. 58-00-10 E.353.87 feet; (2) S. 73-30 E. 285 feet to a point in the center line of a proposed extension of Simsbury Road; (3) with the center line of the proposed extension of Simsbury Road S. 38- 55 E. 150 feet; (4) with the center line of the proposed extension of Simsbury Road in a southerly direction with the arc of a circular curve to the right having n radius of 430 feet, a distance of 553.71 feet to a point, an extension of the southwest margin of a proposed street named Mullens Ford Road; (5) with the southwest margin of said proposed Mullens Ford Road S. 39-24-34 E. 607.23 feet; (6) in a southerly direction with the arc of a circular curve to the right having a radius of 690.71 feet, a distance of 38.61 feet to a point in a northerly boundary of property conveyed by Carmel Properties to Alta Enterprises, Inc. by deed filed or to be filed in the Mecklenburg Public Registry in December, 1970; thence 3 lines of the Alta Enterprises, Inc. property as follows: (1) S. 54-55-40 W. 208.9 feet; (2) S. 84-15 W. 94 feet; and (3) N. 78-35 W. 504 feet to a point in the rear lot line of Lot 10 in Block 1 of Governor’s Square subdivision as shown on the aforesaid map thereof; thence with 2 boundaries of Block 1 ( and an extension thereof traversing Simsbury Road) as follows: (1) N. 25-52-45 E. 80 feet and (2) N. 8-51-45 W. 296.04 feet to the point or place of BEGINNING; said property containing 18.470 acres according to a boundary survey thereof by John Yarborough dated February 18, 1971.

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