ALLEGHANY COUNTY, NC - DEEDS - Roaring Gap, Incorporated to George C. Tudor, 30 Dec 1925 ----¤¤¤¤---- THIS DEED, MADE this the 30th day of December 1925, by Roaring Gap Incorporated, a corporation organized and existing under the laws of North Carolina, party of the first part, to George C. Tudor, party of the second part. That the said party of the first part in consideration of Ten Dollars and other valuable considerations to it paid by the party of the second part, the receipt of which is hereby acknowledged, and in further consideration of, and subject to the covenants, agreements, restrictions and conditions hereinafter contained, has given, granted, bargained and sold, and by these presents does give, grant, bargain, sell and convey to the said party of the second party his heirs and assigns, forever, all that lot of parcel of land situate in the County of Alleghany, State of North Carolina described as Lot No. 128 as shown on the map of Roaring Gap, recorded in the office of the Register of Deeds of Alleghany County in book 28 page 695 to which reference is hereby made for an accurate description thereof. TO HAVE AND TO HOLD the above described land premises together with all the privileges and appurtenances thereunto belonging or in any wise appertaining unto the party of the second part his heirs and assigns forever, subject to the covenants, agreements, restrictions and conditions hereinafter contained. Whereas the lot or parcel of land hereinbefore described is a part of a boundary of land as shown on the plat hereinbefore specifically referred to the property of the party of the first part, which said land within said boundary has been developed and designed to be used for residential, club and recreational purposes and for such other purposes as the party of the first part may from time to time determine;and whereas, the parties hereto desire for the benefit of their own property and for the benefit of future purchasers and owners of residential lots within the said boundary and for the benefit of lands contained within said boundary, that the lots conveyed for residential purposes shall be developed and used exclusively for said purpose; NOW THEREFORE the party of the second part for the benefit of himself and his heirs, executors, administrators, assigns and successors in title to said land hereby conveyed do covenant to and with the said party of the first part;its successors and assigns as follows: 1. That there will not be erected or maintained on the above described land, or any part thereof, any commercial or manufacturing building or establishment nor will any building thereon be used as a boarding house or hospital, sanatorium, asylum. or institution of like or kindred nature, nor will any swine, poultry, or livestock be kept on said land[this however shall not be construed to apply to pet domestic animals]but that said lot or parcel of land shall be used, kept and maintained solely and exclusively for the purpose of a private residence, private garage and other out-houses used in connection with said residence. 2. That said lot of land will not be conveyed or leased to, nor occupied by, any member of the Jewish Race. 3. That said lot will not be conveyed or leased to, nor occupied by, any member of the negro race, nor to any person of negro desent;this provision however shall not apply to servants in the employ of the owner or occupant of said lot residing on the lot in connection with their employment. 4. That no building or other structure will be erected or maintained on said land, nor will any addition to, or alteration of any building or structure be made until the plans and specifications showing the nature, kind, shape, height, materials, location and color scheme shall have been submitted to, and approved in writing by the party of the first part, or its duly authorized agent, and a copy of such plans and specifications as finally approved shall be delivered to the party of the first part. 5. That no building or other structure will be erected or maintained nearer to the street, road or drive on whish the aforesaid lot fronts or abuts than 30 feet. 6. That the party of the second part, heirs, assigns and successors in title will pay to the party of the first part, its successors and assigns, on or before the first day of June of each year, a sum not to exceed one per cent[1%] of the taxable value of the aforesaid land fixed from time to timeby the proper tax authorities of the County in which it is, or may be located, for the maintenance and care of the streets, roads and driveways in the property of Roaring Gap, Incorporated, or for fire and police protection, or for such other purposes as may in the opinion of the Directors of Roaring Gap, Incorporated be for the owners of property at Roaring Gap, until such time as said property may be incorporated in a town or city. The assessments made each year will be fixed by the Board of Directors of Roaring Gap, Incorporated, not to exceed, however. one per cent [1%] of the taxable value as aforesaid, and if the amount assessed is not paid on or before the first day of June of any year, it shall thereupon become a lien on the aforesaid land, enforceable by the party of the first part by proper action in ant court having jurisdiction. It is agreed that the foregoing covenants, agreements, restrictions and conditions shall run with the land and shall be kept, observed and performed by and shall be binding upon the party of the second part, his heirs, executors, administrators, assigns and successors in title until the first day of January, A. D. 1950, and that upon said date all covenants and agreements on the part of the party of the second part and that the restrictions and conditions herein contained, shall terminate and therefore be of no effect. It is expressly agreed and understood that the party of the first part has the right to convey any part of the lands shown on the plat aforesaid for purposes other than residences and as to such lands the aforesaid covenants, agreements, restrictions and conditions will not apply. The party of the first part covenants to and with the party of the second part, his heirs and assigns that it is seized in fee of the above described land, and has full right to convey same;that the same is free from any and all encumbrances;and that it will warrant and defend the title to the same against the lawful claims of all persons whatsoever, subject to the covenants, agreements, conditions and restrictions herein contained. IN WITNESS WHEREOF, Roaring Gap, Incorporated has caused this deed to be signed in its name by its President, attested by its Secretary, and its corporate seal to be duly affixed, all by the order of its Board of Directors, this the day and year first above written. ROARING GAP, INCORPORATED By Leonard Tufts President R. G. Stockton Secretary STATE of NORTH CAROLINA Forsyth County This 27 day of January A. D. , 1926, personally came before me R. G. Stockton, who being by me duly sworn says that he knows the corporate seal of Roaring Gap, Incorporated and is acquainted with Leonard Tufts who is the President of said Corporation and that he, R, G. Stockton is the Secretary of said Corporation and saw the said President sign the foregoing instrument, and saw the said Common Seal of said Corporation affixed to said instrument by said President and that he, the said R. G. Stockton, signed his name in attestation of the exercution of said instrument in the presence of the President of said Corporation. Witness my hand and official seal this the 27 day of January A. D., 1926 W. B. Pollard. notary public ___________________________________________________________________ Copyright. All rights reserved. http://www. rootsweb. com/~usgenweb/copyright. htm This file was contributed for use in the USGenWeb Archives by: Bynum E. Tudor Jr BYNUMTUDOR@aol.com ___________________________________________________________________