COUNTY OF HENDERSON

FIRST AMENDMENT TO DECLARATIONS OF RESTRICTIVE
COVENANTS, LIMITATIONS AND USES AT CINNAMCN WOODS

THIS Amendment to Declarations of Restrictive Covenants, limitations and Uses at Cinnamon Woods is made and entered into this 20TH day of FEBRUARY , 1992, by and among the Undersigned owners of all of the lots in Butt Mountain Estates Subdivision and the undersigned owners of seventy five percent (75%) of the lots in CINNAMON WOODS Subdivision, each of Henderson County, North Carolina.

W I T N E S S E T H :

WHEREAS, there exists certain Declarations of Restrictive Covenants governing the use of property lying within Cinnamon Woods Subdivision, as appear of record as Exhibit B to the Consent Judgment recorded in Deed Book 688, at Page 351, of the Henderson County, North Carolina, Registry; and said Restrictive Covenants do contain a provision for amendments by any party, person, firm or corporation; and,

WHEREAS, the above named parties are all of the owners and/or interested parties in Lots in that property known as Butt Mountain Estates Subdivision as appears on a plat thereof recorded in Plat Cabinet A, Slide 243A , Henderson County Registry, and seventy five percent (75%) of the lots in Cinnamon Woods Subdivision as appears on plats thereof, recorded in Plat Cabinet A, Slide 243A, and Plat Cabinet A, Slide 244, of the Henderson County, North Carolina, Registry; and,

Under the terms of the above described Consent Judgment, “no changes or modifications shall be made in the Restrictive Covenants...without the express written consent of all Plaintiffs, their executors, heirs, successors or assigns,” and this Amendment to Declarations of Restrictive Covenants, Limitations and Uses at Cinnamon Woods is made and entered into by and between the undersigned and the named Plaintiffs in said Consent Judgment, for the purposes hereinafter set forth; and,

WHEREAS, the undersigned desires to make certain amendments and to place additional limitations and restrictions upon the use of said property, with respect to Cinnamon Woods Subdivision recorded in Plat Cabinet A, Slides 243A and 244 of the Henderson County Registry;

NOW, THEREFORE, the following additional Declarations and Restrictive Covenants shall become binding upon all persons owing any of said lots in Cinnamon Woods Subdivision as shown on plats thereof recorded in Plat Cabinet A, Slide 243A and 244, and said restrictions shall remain and run with the land:

RESTRICTION AS TO MOBILE HOME. All homes must be constructed on site, or be a Modular Home or a Panelized Home. A “Modular Home” shall be defined to mean a factory built home which requires that the parts/modulars be transported by a flat bed truck to the site, as opposed to a Mobile Home which is delivered to the homesite on its own frame and wheels. A "Panelized Home" shall be defined as one in which the wall and floor sections are made in a factory, transported to the homesite on a truck, and assembled on a concrete foundation. Mobile homes and/or trailers are strictly prohibited from being located on any of the subdivision lots.

All other Declarations and Restrictive Covenants of record affecting Cinnamon Woods Subdivision shall be and remain in full force and effect.

IN WITNESS WHEREOF, the undersigned, all of the lot owners of Butt Mountain Estates Subdivision and Cinnamon Woods Subdivision, have set their hands and seals, all the day and year first above written.