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HomeMy WebLinkAboutScan_0429 ~ -; '"".-. p' 4-08 ') Id oondltionl, re\trlotionl, and Ii.itationa. appl~ing to the laid property and whioh are intended to bl. and shall be aooepted as oo.,enants running with laid land. and whioh shall be binding alike upon the hell's, representati.,es and assigns of the 50id part, or parties Q{ ~h8 .800Dd part. and on the partiel of t~e first part, who b, aooeptanoe of this instru- ment agree to abide by. perform and adhere to 8aid oonditions. restriotiona and limitationa. a. ona ot the express oonditions of thes8 presents, but only for the period ending Januar, let, 1936. 1. That no buildings Ihall be ereoted on the said land exoept for pri.,ate dwelling purpose., ex~ept usual and neoes.ar1 out-buildings. and that the said dwelling ho~.e exoll- live of the out-building., 8hall 008t not les8 than ~2600.00. whioh prioe B~all not inolude arohiteotural expense. or fee8, and shall not inolude any other olasB of impro.,ement. so.,e and exoept the aotual materlal and oonetruotion ooet of the eaid ..elling house. 2. That not more than one residenoe, together with usual and ne.eBsar, out-bulldingR. Bhall be ereoted on eaoh of laid lots. 3. That no unlawful or immoral use 8hall be made ot the premiBeB hereby oon.,eyed. nor 8hall the some be uae4 for any oommeroial purpose; nor shall the some or ony part thereof. or any interest thereln be lold. released or otherwiae oonveyed to any persona other than the Cauoa8lan reoe; provided, that nothing herein oontained shall prevent the keeping and ~intaining usual and neoeBsary 86rvant8 OD the property tor reasonable tami1y use. 1hiB ~ro.,lBion. howe.,ef, shIll not oause forfeiture unless the holder of the free in uhown to be at tault. ~. That no building shall be OODatruoted or ereoted at a less diBtanoe than twent, feet from the tront line of said lot, .ar either of them. 6. That if 8ald part of the Beoond part. her heire. representatives or assign8. or any hold8r ot the propert, hereby oonveyod by virtue of any Judioial prooeedings. shall till to oomply with any ot the abo.,e and foregoing reetriotions. oonditlons or liuitationB .ithin sixt, daJ8 after written notioe by mail to the laid partieB o! the seoond part. their heire. personal representatives. or a8si.gns. or sny ot them, at the last known address. by the 8ait partits of the first part, their SllooeBooro. personal represontati.,es or assigns. or either ~f them. then the Baid above d@uctibed and oonveyed property shall immediatel1 re.,ert to the said partieB of the first pert, their suooeS80fS or assigns, who ShBIl be entitled to immediately enter upon sBid property without notioe. and take possession of the eame with full title in tee simple. together with all inprovements thereon. and no waiver at any of theBe oonditions. limitations or restriotions. expreused or impli~d. or failure for any length of time to enforoe the 8ame shall oonstitute a bar to suoh enforoement at any time. It is further understood and agreed that partieB ot the first part will not make any de.d to any lot in Biltmore Park prior to January IBt. 1916. without the aforesaid provisionl and reatriotioD8. J ];.. i ., I I I, TOGETHER with all the t'ne~Dts. hereditaments and appurtenanoes. with every privilege, right, titl.. inter8st end eltate. do.er sn4 right of dower. re.,ersion. relil8inder and eaBe- .ent thereto belonging or in anywise appertaining; TO HAVE ~ID TO HOLD in tee 8imple forever. AID the 88id partie. of the first pert do oovenant with the lui4 party of the seoond part that thlY are lawtully 8el.ed of the 8aid premiBes; that they are free of all inoumbranoe. an~ thet the, ha." good right and lawful authority to .el1 the 8sme; an' that said partie. of the first part do htr.b~ fully warrant the title to aald laud. and will detto4 the 88me again8t the lawful olai.. of all perlon. Whomaoe.,.r, ,] " ;/;!~~~~;{~~\~~]~~J~~i~t~~~~~t ----. - -~.__.. . - --- .~ -' . ':.- - ~.:.::~~: .::.....~'~;~~ill!~~~~~{{. ..