JORGE L. MARTINEZ and wife ODALIZ MARTINEZ & GERARDO J. MARTINEZ and wife ZORAIDA MARTINEZ, being the owners of that certain tract of land. Said tract of land lying and being in Fleetwood Township, Ashe County, North Carolina, wishes to restrict said lands as to the use thereof, as follows:

1. Fleetwood Pines is a residential and recreational community. every residence shall be constructed of a rustic exterior, i.e., logs, stone or wood siding, in order to blend into the natural surroundings. There shall be no foundations constructed of piers or stilts, but foundations shall be of continuous wall design. No block on foundation wall shall be left exposed. There shall be no commercial activity conducted on said premises.

2. Jorge L. Martinez and wife Odaliz Martinez & Gerardo J. Martinez and wife Zoraida Martinez, its successors and assigns, reserves a 10’ easement of right of way for all necessary easements for public utilities within said road rights of way and for road improvement along the perimeter of each tract.

3. No mobile homes (triple-wide, double-wide or single-wide), camper trailers, modular homes or tents shall be permitted on any tract. No recreational vehicles may be used for housing (except during the construction of a residence).

4. Any motors homes, campers, or recreational vehicles, including visitors, may not be parked on or within the rights of way of Fleetwood Pines or within the yards of the residence owners.

5. No swine, livestock or poultry shall be raised or bred on any lot. Household pets such as cats and dogs are permissible provided that they are not bred or maintained for commercial purposes. All pet owners are responsible for cleaning up after their pets.

6. No building shall be erected upon any lot which is closer than twenty-five (25) feet from the street right of way or closer than ten (10) feet from the property line of any other adjoining tract.

7. No inoperable motor vehicles or unsightly junk, unsightly or dilapidated buildings, or other structures shall be allowed on said tract. Said premises may not be used as a dumping ground for rubbish or trash. Trash, garbage and other waste shall be kept in sanitary containers. Any unlicensed vehicle, including cars, buses, tractors, trailers, and all parts thereof, not in a running condition are not permitted on premises.

8. Developer shall not be responsible or liable for any injuries, damages, or thefts that may occur during the use of the roads within the Fleetwood Pines community.

9. There shall be no hunting or discharge of firearms from any roadways or on any property located within this development or adjoining land.

10. All covenants and restrictions set forth shall remain with the land and be binding on all parties and persons claiming under them for a period of twenty five (25) years from the date of recording of this instrument unless an instrument signed by the owners of the majority of the tracts has been recorded in the County Registry agreeing to a modification or change of the same in whole or in part. At the expiration of twenty five (25) years, said covenants shall be automatically extended for successive periods of ten (10) years.

11. Enforcement of these restrictions shall be provided by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

12. The invalidation of any one or more of the foregoing covenants and restrictions by judgment, Court order, or otherwise shall not in any way affect any of the other covenants and restrictions which shall remain in full force and effect as herein provided.

This Declaration of Restrictions shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignees and successors of the respective parties.