Horseshoe Bend Restrictions & Covenants

Declarant hereby declares that all of the property included within the numbered lots one (1) through ninety (90) shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part hereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof.

Section 1: Definitions

"Association" shall mean and refer to the Horseshoe Ben Estates Homeowners Association, its successors and assigns.

"Owner" shall mean and refer to the record owners, whether one or more persons or entities, or a fee simple title to any lot which is a part of the properties, including contract sellers but excluding those having such interest merely as security for the performance or an obligation.

"Properties" shall mean and refer to those certain numbered lots hereinbefore described, and such additions thereto as my hereafter be brought within the jurisdiction of the Association, if any, provided however that areas shown upon the aforesaid plat which are not contained within the numbered lots of this subdivision shall not be subject to these covenants unless and until expressly made subject to said covenants by the Declarant.

"Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners, including any stormwater management and drainage facilities whether contained within easements or owned by the Association in fee simple. The initial Common Area will be described in a separate deed recorded subsequent to this instrument.

"Lot" shall mean and refer to any numbered plot of land within the subdivision.

"Declarant" shall mean and refer to New River Development, LLC, a Virginia Limited Liability Company, or to any person(s) or entity who acquires substantially all of the assets of or otherwise succeeds to the interest of the Declarant in New River Development, LLC, provided however that the purchase of a lot in this Subdivision shall not be deemed to be a succession to the interest of the Declarant unless the purchaser is expressly conveyed the rights of the Declarant under this Declaration.

Section 2: Lots Sold for Single Family Residential Purposes Only

Individual tracts shall be used for residential purposes only. No structure shall be erected, altered, placed or permitted to remain on any portion of any tract, shown on said map, other than a single-family dwelling an appurtenances thereto, including a detached garage. No more than one residence may be erected or built on any one lot. A residence may be erected or built on any one lot. A residence is hereby defined so as to include no more than three detached accessory structures. The accessory structures shall not be constructed prior to the construction of the main residence. Residences may be occupied by no more than one family and its domiciled servants and employees and temporary guests.

Section 3: Time for Completion of Structures

The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergencies or natural calamities.

Section 4: Requirements for Structures

In addition to all applicable building codes, zoning and other restrictions now existing or hereinafter enacted, any structure constructed on a lot in the subdivision will conform to the following:

1. The principal residence shall have a minimum of eighteen hundred (1,800) square feet of usable floor space, excluding basements, garages, porches, storage rooms, breezeways and terraces. Where the principal residence to be erected on a parcel is to be multi-story dwelling, it shall contain a minimum of one thousand (1000) square feet of living on the ground floor with the hereinabove exclusion as to garages, etc., to apply.
2. The type of construction and the materials used shall be at least equal to the requirements of FHA Title II standards.
3. The exterior building material of all structures to be erected shall be of a permanent type exterior, other than cinderblock or stucco. No cinderblock or stucco house shall be erected on any tract. Exterior finish of the house must be at ground level. (The cinderblocks used in the foundation of a structure are not to show above ground level.)
4. No mobile homes, trailers, double-wide or triple wide homes, modular homes, or prefabricated structures shall be occupied or placed on any lot.
5. All fuel storage tanks, coal, coal bins, and trash and garbage receptacles shall be buried in the ground or placed in an enclosure which screens them from the public and neighbors view.
6. No permanent exterior clothes lines will be permitted.
7. Satellite dishes shall not exceed 24 inches in diameter. They shall only be permitted behind the house, but not outside set back limits.

Section 5: Further Subdivision of Lots Prohibited

No lot shall be in any way further subdivided or divided, however lot line revisions between lot owners shall be permitted so long as all applicable zoning and municipal subdivision requirements are met and the combination of lots so that one residence is built on one and one half lots or two lots shall be permitted. If a residence is erected on one and one half lots, no residence may be erected on the remaining half lot unless combined with another lot.

Section 6: Restriction on Commercial Activity

No person shall engage in any commercial activity that shall constitute a nuisance. Declarant or a committee designated by the Declarant shall have the right to cause any person to cease and desist any activity which Declarant deems to be a nuisance.

Section 7: Covenant for Underground Utilities

No overhead wires, poles or overhead facilities of any kind for electrical or telephone service will be permitted to run to the individual residences or outbuildings. Main service lines for this subdivision installed by the Declarant or utility companies shall be permitted to run overhead. Nothing herein shall be construed to prevent street lighting, dusk to dawn lights, or ornamental yard lighting services by underground wires or cables.

Section 8: Storage of Recreational and Other Vehicles

All boats and campers, motor homes and and other recreation vehicles shall be parked in inconspicuous places so as not to become a visible nuisance.

Page 2 of Covenants/Restrictions

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