Eddisto Plantation Homeowners Association

Eddisto Plantation - Covenants

Last Updated January 9, 2001.

Not to be used for legal purposes. This is not a complete and accurate set as recorded at the Orangeburg County Courthouse since they have been amended since the last update.

By-Laws as of January 9, 2001.

Covenants as of January 9, 2001

INDEX OF DECLARATION OF RESTRICTIVE COVENANTS
“GOVERNORS CREEK, WATERFORD AND MIDDLETON PLACE”
SUBDIVISION OF EDDISTO PLANTATION

PAGE NO.
1. BENEFIT 3

2. RESIDENTIAL USE 3

3. USE APPROVAL OF PLANS 4

4. HOMEOWNERS ASSOCIATION 6

5. INGRESS AND EGRESS 7

6. STRUCTURE SIZE: GOVERNORS CREEK 7
STRUCTURE SIZE: WATERFORD 7
STRUCTURE SIZE: MIDDLETON PLACE 7

7. CONSTRUCTION COMPLETION AND TEMPORARY BUILDINGS 8

8. GARAGES 8

9. TREES 8

10. TANK, EQUIPMENT, CLOTHESLINES, GARBAGE CANS, ETC 8

11. SETBACKS 9

12. SIGNS 9

13. PARKING SPACES 9

14. NUISANCES, ANIMALS, FIREARMS, WEEDS, NOISES, ETC. 9

15. VEHICLES 10

16. MAILBOXES 10

17. DRAINAGE 10

18. OBLIGATION TO REBUILD 10

19. MINING 11

20. FILLING IN AND EXCAVATION 11

21. SUBDIVISION OF LOTS 11

22. UTILITY, STREET, AND DRAINAGE EASEMENTS 11

23. WATER SUPPLY AND SEWAGE 12

24. BOAT HOUSE, DOCKS, ETC. 12

25. RESTRICTIONS ON LAKES, CANALS, PONDS AND
LAKEFRONT AREAS 12

26. BOATS 13

27. RECREATIONAL AND FISHING RIGHTS 13

28. BRIDGES, WALKWAYS, ETC. 13

29. SWIMMING POOLS AND TENNIS COURTS 13

30. ANTENNAE 13

31. AMENDMENT 14

32. FEDERAL LENDING REQUIREMENTS AND
RULES AND REGULATIONS OF STATE AND COUNTY 14

33. ENFORCEMENT 14

34. SEVERABILITY 14

35. SUCCESSORS 15

36. ASSIGNMENT OF OBLIGATIONS 15

37. LIEN CREDITORS 15

38. DURATION 15




STATE OF SOUTH CAROLINA DECLARATION OF RESTRICTIVE
ORANGEBURG COVENANTS
COUNTY OF
"Governors Creek, Waterford, and Middleton Place" Subdivisions of Eddisto Plantation
WHEREAS, The Genoa Group, a South Carolina general partnership, (hereinafter referred to as the "Developer") is the owner and developer of the properties known as Eddisto Plantation containing Four hundred nineteen (419) acres, more or less, and
WHEREAS, said Developer has established a general plan for
the improvement and development of said properties, and WHEREAS, said plan includes the development of four (4) subdivisions known as Laurel Hill, Waterford, Middleton Place, and Governors Creek, which after full development together will be composed of approximately three hundred four (304) residential lots, and

WHEREAS, the subdivisions of Waterford, Middleton Place and Governors Creek (hereinafter individually referred to as "subdivision" and collectively as "subdivisions") will be subject to the same restrictions, conditions and limitations and owners in said subdivisions shall be members of the same homeowners association and the subdivision of Laurel Hill will subject to separate restrictions, conditions and limitations and owners in Laurel Hill shall be required to be members of a separate homeowners association, and WHEREAS , Developer intends to develop said subdivisions in phases and to initially develop and submit the provisions of this Declaration the first phase of said subdivisions consisting of seventy one (71) residential lots, which are more fully described hereinbelow: and,

WHEREAS, the remaining phases of said subdivisions consisting of approximately one hundred and twelve (112) lots may be submitted to the provisions of this Declaration and incorporated with the property and lots described hereinbelow upon future amendments of this Declaration in accordance with the provisions of the paragraph entitled "Annexation and Expansion" hereinbelow.

WHEREAS, in futherance of said development and general plan the Developer is desirous of placing certain protective and restrictive covenants on the seventy seven (77) lots in the said subdivisions described hereinbelow;

NOW, THEREFORE, in consideration of the premises the undersigned does hereby establish the covenants, conditions, reservations, and restrictions upon which and subject to which all lots and portions of such lots shall be improved or sold and conveyed by it as owner thereof.

DESCRIPTION OF PROPERTY: ALL those certain pieces, parcels or lots of land with any improvements thereon situate, lying and being in Limestone Township, School District 5, Orangeburg County, South Carolina, being set forth and shown as Lots J1 through J28, Ll through L6, M1 through M9, M25 through M31, N1 through N10, N27 through N31 and R1 through R6, all of which are designated on a plat of Eddisto Plantation, Phase I, by Eddisto Engineering, Inc. dated December 12, 1989, and recorded in the office of the Clerk of Court for Orangeburg County, South Carolina, in Plat Book 67L at pages 240 & 241.

ANNEXED PROPERTY, Developer reserves the right but shall not be obligated to expand the effect of this Declaration to include all or part of the additional, properties owned by the Developer. Developer shall have the unilateral right to transfer to any other Person this right to expand by an instrument duly recorded. Such expansion may be accomplished by recording a Declaration of Annexation in the RMC office for the County of Orangeburg, State of South Carolina, describing the real property to be annexed to the Property submitting it to the covenants, conditions and limitations contained in this Declaration, including the obligations contained in Paragraph 4, describing it as a project. if the expansion property Parcel in that instance does in fact constitute a Project, and providing for voting rights and assessment allocations as provided for in this Declaration and the by laws of Eddisto Plantation Homeowners Association. Such Declaration of Annexation shall not require the consent of other property owners. Any such expansion shall be effected upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of such Declaration of Annexation, this Declaration shall be, expanded automatically to encompass and include the annexed and expanded properties. Such Declaration of Annexation may add, delete or modify provisions of this Declaration as it applies to the expansion project added. However this Declaration may not be modified with respect to that portion of the property already subject to this Declaration, except as provided below for amendment.

1. Benefit. Each and every one of these covenants, conditions, reservations, and restrictions is and are all for the benefit of each owner of land in such initial subdivisions, or any interest therein, and shall be for the benefit and pass with each and every parcel of such subdivisions, and shall bind the respective successors in interest of the present owner hereof. These covenants, conditions, reservations, and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof.

2. Residential Use. Such lots, and each and every one thereof, are for single family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house, hospital, sanatorium or doctor's office, or other multi family dwelling shall be erected, placed, permitted, or maintained on such premises or on any part thereof. In addition, no industry, business, trade, occupation or profession of any kind, commercial, religious, educational activities or similar activities shall be conducted, maintained, or permitted on such premises or on any part thereof. Nothing herein shall prevent Developer or any builder of homes in said subdivisions from using any lot for the purpose of carrying on business related to the development; improvement; Developer or builder of homes; provided, further, private offices may be maintained in dwellings located on any of the lots so long as such use is incidental to the primary residential use of the dwellings.

3. Approval of Plans. All plans for the construction of private roads and driveways and all building plans for any building, fence, wall, or structure to be erected upon any lot, and the proposed location thereof upon any lot, and any changes after approval thereof, any re modeling, re construction, alteration, or addition to any building, fence, wall, road, driveway, or other structure upon any lot in said subdivisions shall require the approval in writing of the Architectural Review Board. Before beginning the construction of any road, driveway, building, fence, wall, or other structure whatsoever, or re modeling, re construction or altering same, the person or persons desiring to erect, construct, or modify the same shall submit to the Architectural Review Board two complete sets of road or driveway plans, showing the locations, course, and width of same and two complete sets of building plans and specifications for the building, fence, wall, or other structure, as is applicable, so desired to be erected, constructed, or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of the Architectural Review Board, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed, or maintained upon any lot. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway, fence, wall, or other structure is contemplated prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the Architectural Review Board. The Architectural Review Board shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The Architectural Review Board may waive the setback provisions contained in Paragraph Eleven (11) hereinbelow. Said review board shall consist of the managing partners of the Developer and a representative of the homeowners association to be appointed by the said managing partners of the Developer. Decisions by said board shall be binding, absolute and final, as if herein recorded. All decisions of said review board shall be by majority vote. In the event the Architectural Review Board fails to approve or disapprove any proposed property improvements within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this section shall be deemed to have been fully satisfied.

Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Architectural Review Board including, without limitation:

(a) A site plan showing the location of all proposed and existing structures on
the lot, including building setbacks, open space, driveways, walkways, and parking spaces, including the number thereof;
(b) A foundation plan;
(c) A floor plan;
(d) Exterior elevation of all proposed structures and alterations to existing
structures, as such structures will appear after all backfilling and landscaping are completed;
(e) Specifications of materials, color scheme, lighting schemes, exterior
windows, door and cornice detail and other details affecting the exterior of
all proposed structures and alterations to existing structures;
(f) Plans for grading and landscaping;
(g) Location of outside heating and air conditioning systems;
(h) Location of all service lines providing electrical, water, gas and other
utilities to the premises;
(i) Location of septic tanks and all drain lines.

Approval for use in connection with any lot or structure of any plans and specifications shall not be deemed a waiver of the Architectural Review Board's right, in it's discretion, to disapprove similar plans and specifications or any other features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other lot or structure. Further, neither Developer, nor any member of the Architecture Review Board shall be liable in damages to any one submitting plans or specifications for approval under this article, or to any owner of property affected by this declaration, by reason of mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications to the Architectural Review Board for approval and every owner of any lot agrees that they will not bring any action or suit against Developer, or any member of the Architectural Review Board to recover for any such damages. Any employee or agent of the Architectural Review Board may, after reasonable notice, at any reasonable time enter upon any lot and structure thereon for the purpose of ascertaining whether the installation, construction, alteration, or maintenance of any structure or the use of any lot or structure is in compliance with the provisions of this Declaration; and neither the Architectural Review Board, nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

At such time as all of the lots in said subdivisions have been fully developed, permanent improvements constructed thereon, and sold to permanent residents, or the Developer, at its discretion, has relinquished such right to act as the Architectural Review Board, the Developer shall notify all the Eddisto Plantation Homeowners Association to that effect, and, thereafter, the Developer's rights and obligations as the Architectural Review Board shall forthwith terminate and, thereafter, the Homeowners Association shall have the right, power and authority, through a duly recorded written instrument, to establish a successor Architectural Review Board and prescribe rules and regulations pursuant to which such board shall act. Notice to the Homeowners Association by Developer under this provision shall be in writing and shall be deemed written notice to each of the record owners of lots.

Upon the submission to the Architectural Review Board of a landscaping plan in accordance with the above Restrictive Covenants, the lot owner shall deposit with the Developer a refundable landscape deposit in the amount of two Thousand and 00/100 ($2,000.00) Dollars. Upon approval of said landscape plan by the Architectural Review Board, Five Hundred and 00/100 ($500.00) Dollars of said deposit will be refunded to the owner. Upon completion of landscaping in compliance with said landscape plan, the balance of said landscape deposit in the amount of One Thousand five hundred and 00/100 ($1,500.00) Dollars shall be refunded to owner. The approval of the initial landscape plan and the ultimate determination of completion of said landscape plan shall be in the sole discretion of the Architectural Review Board and its decisions shall be binding, absolute and final. If an approved landscape plan is not completed within ninety (180) days of residential occupancy, the Architectural Review Board may expend the balance of the landscape deposit to complete said landscaping in accordance with the plan and any funds expended in excess of the balance of the landscape deposit shall be paid by the owner. Upon failure of the owner to pay any additional landscape expenses, such shall constitute a lien on the property of the owner, subject to the rights of lien creditors attaching prior thereto and enforceable as a mechanics’ lien under the statutory laws of the State of South Carolina.

4. Homeowners Association. For the purpose of maintaining community centers, common areas, gateways, public easements, berms, parkways, roads, grass plots, parking areas, lakes, canals and ponds, and facilities of any kind dedicated to the community use and other open spaces of the subdivisions, which now exist or which may hereafter be installed or constructed therein through annexation or expansion of said subdivisions, and all common community services of every kind and nature required or desired within the said subdivisions for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract for any lot in such premises, agrees to and shall be a member of and be subject to the obligations and duly enacted by laws and rules of the Eddisto Plantation Homeowners Association, a non profit corporation, including the obligation to pay dues and/or assessments and which may be collected by suit in any court of competent jurisdiction. Any unpaid dues and/or assessments shall constitute a lien on lots to which they attach. By acceptance of a deed or by acquiring any ownership interest in any of the real property included within this declaration or any annexation or expansion of said subdivisions, each person or entity, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the provisions restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this declaration and any amendments or supplements thereof. In addition, each such owner by so doing thereby acknowledges that the declaration sets forth a general scheme for the improvement and development of the real property covered hereby, including annexed and expanded property, and hereby evidences his intent that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and shall be binding on all subsequent and future owners, grantees, purchasers, assignees, and transferees thereof. Furthermore, each such owner fully understands and acknowledges that the declaration shall be mutually beneficial to and enforceable by the various owners and future owners. Finally, the acceptance of a deed or acquisition of any legal ownership interest in any of the real property included within this declaration, or any annexed or expanded property, by any person or entity, shall constitute an acknowledgement by said person or entity that he has knowledge of this declaration, has received a copy of this declaration, has read the provisions of this declaration and fully intends to comply therewith.

5. Ingress and Egress. No lot or portion thereof shall be used for purposes of ingress or egress to adjacent or contiguous land or lands.

6. Structure size, Governors Creek: The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on all lots in Governors Creek, initially being Lots LI and L2, M25 through M31 and R1 through R6 shall not be less than 2,500 square feet of heated enclosed space for a one story dwelling nor less than 1,000 square feet for a two or three story structure, provided that all two or three story structures shall have a total of not less than 2,500 square feet of heated enclosed area.

Waterford: The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on all waterfront lots in Waterford, initially being Lots J1 through J28, shall not be less than 2,500 square feet of heated enclosed space for a one story dwelling nor less than 1,000 square feet for a two or three story structure, provided that all two or three story structures shall have a total of not less than 2,500 square feet of heated enclosed area. The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on all other lots in Waterford, initially being Lots N1 through N10, MI through M3, and L3 through L6 shall not be less than 2,500 square feet of heated enclosed space for a one story dwelling nor less than 1,000 square feet for a two or three story structure, provided that all two or three story structures shall have a total of not less than 2,500 square feet of heated enclosed area.

Middleton Place: The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on all lots in Middleton Place, initially being Lots M4 through M9, and N27 through N31 shall not be less than 2,500 square feet of heated enclosed space for a one story dwelling nor less than 1,000 square feet for a two or three story structure, provided that all two or three story structures shall have a total of not less than 2,500 square feet of heated enclosed area. The height of any structure in any of said subdivisions shall be not more than three (3) full stories above ground level. No boundary walls in any of said subdivisions shall be constructed with the height of more than four (4) feet and no boundary line hedge or shrubbery shall be permitted with a height of more than four (4) feet. No wall of any height shall be constructed on any lot until the height, type, design and approximate location thereof shall have been approved in writing by the Architectural Review Board. THESE SQUARE FOOTAGE REQUIREMENTS MAY BE REDUCED BY THE DEVELOPER FOR ANY ANNEXED OR EXPANDED PROPERTIES IN ANY OF SAID SUBDIVISIONS.

7. Construction Completion and Temporary Buildings. When the construction of any structure is once begun, work thereon must be prosecuted diligently and must be completed within a reasonable time. No building shall be occupied during construction, nor shall any structure, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein, and all other covenants, conditions, reservations, and restrictions herein set forth. Prior to occupancy, the owner shall obtain a certificate of completion and compliance from the Architectural Review Board. No temporary house, temporary dwelling, temporary garage, temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon any lot unless approved by the Architectural Review Board and then only during periods of construction. This paragraph shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure on said property, nor the use of adequate sanitary toilet facilities for workmen, which are hereby required during such construction. Nothing herein shall prevent Developer or any builder of homes in said subdivisions from using any lot for the purpose of carrying on business related to the development, improvement and sale of property in said subdivisions owned by such Developer or builder of homes.

8. Garages. No garage or other outbuilding shall be placed, erected, or maintained upon any part of such premises except for use in connection with a residence already constructed or under construction at the time that such garage or other outbuilding is placed or erected upon the property. Nothing herein shall be construed to prevent the incorporation and construction of a garage as a part of such dwelling house. No garage may be altered in such a manner that the number of automobiles which may reasonably be parked therein after the alteration is less than the number of automobiles that could have reasonably been parked in the garage as originally constructed and approved. However, all such alterations shall require the approval for the Architectural Review Board.

9. Trees. No tree with a diameter in excess of five (5) inches at a height of two (2) feet shall be cut without the approval of the Architectural Review Board.
10. Tank, Equipment, Clothes lines, Garbage Cans, etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of any lot, provided, that nothing herein shall prevent the Developer or its successors and assigns, from erecting, placing or permitting the placing of tanks and other water system apparatus or sewage disposal systems on such lots for the purpose of water supply or sewage facilities. Any tanks for use in connection with any residence constructed on said premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring lots, roads, lakes, ponds, canals, or streets. All clothes lines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in to conceal them from the view of neighboring lots, roads, lakes, ponds, canals, or streets. Plans for all enclosures of this nature must be approved by the Architectural Review Board.
11. Setbacks. No building, fence, outbuilding or structure of
any nature shall located closer than forty (40) feet to the street on which said structure shall face or nearer than twenty five (25) feet to any side street or nearer than ten (10) feet to any interior lot line or nearer than twenty five (25) feet to any rear lot line. Structures on lots which are separated from roads or streets by berms, shall not be located closer than ninety (90) feet to the road or street on which said structure shall face. For purposes of this covenant, eaves and steps shall not be considered part of the building, provided, however, this shall not be construed to permit any portion of any building or structure to encroach upon another lot. These setbacks may be waived by the Architectural Review Board.

12. Signs. No signs or other advertising shall be displayed on any lot unless the size, form and number of same are first approved by the Architectural Review Board. However, one "For Sale" sign of not more than eight (8) square feet advertising any lot, improved or unimproved, for sale shall be permitted.

13. Parking Spaces. Each lot owner shall provide parking spaces for a minimum of two (2) automobiles off the street prior to the occupancy of any dwelling constructed thereon.

14. Nuisances, Animals, Firearms, Weeds, Noises. etc. No animals of any kind including by way of illustration and not limitation, horses, cattle, swine, goats, poultry, or fowl shall be kept on any lot. However, household pets not exceeding two (2) in number shall be permitted, provided that same shall be kept exclusively on the premises of the owner. There shall be no discharging of firearms, guns, or pistols of any kind, caliber, type, or any method of propulsion. No weeds, underbrush, junk, stored materials, wrecked or inoperable vehicles or similar or other unsightly growths or objects shall be permitted to grow or remain upon any lot, and no refuge pile or unsightly object shall be allowed to be placed or suffered to remain anywhere thereon. Each owner shall be responsible for and shall maintain all landscaping, grass, driveways, parking areas, structures and grounds located on each lot in good condition and repair and in a neat and attractive manner. In the event that any owner of any property in the said subdivisions shall fail or refuse to keep such premises free from weeds, underbrush, junk, stored materials, wrecked or inoperative vehicles, or refuge piles or other unsightly growths or objects, then the Developer, the Architectural Review Board or Eddisto Plantation Homeowners Association may enter upon such lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass and in the event of such removal a lien shall arise and be created in favor of the Architectural Review Board, Developer or Eddisto Plantation Homeowners Association and against such lot for the full amount chargeable to such lot and such amount shall be due and payable within thirty (30) days after the owner is billed. In addition, no disturbing noises shall be permitted on any lot which interfere with the rights, comforts or convenience of other lot owners. Each lot owner shall be responsible for complying with this paragraph and shall be responsible for the actions of his or her family members, servants, employees, agents, visitors and licensees.

15. Vehicles. No trucks and no commercial type vehicles, except pick up trucks weighing less than 5,000 pounds, shall be stored or parked on any residential lot except while parked in a closed garage nor shall said vehicles be parked on any residential street in the subdivisions except while engaged in transporting to or from a residence in the subdivisions, unless otherwise permitted by the Architectural Review Board. No trailers or habitable motor vehicles of any nature shall be kept on or stored on any part of the property except within an enclosed garage. A pleasure boat on its trailer may be parked or stored on that portion of the lot away from the street lying beyond the front building line but shall not be within the view of neighboring lot owners. No maintenance or repairs shall be performed on any vehicles upon any portion of the property, unless performed in a garage, except in an emergency situation. Notwithstanding the foregoing, all repairs to disabled vehicles within the property must be completed within four (4) hours from its immobilization or the vehicle must be removed.

16. Mailboxes. All mailboxes and supports shall be of standard design and size as specified by the Architectural Review Board. Placement of the mailbox shall be approved by the Board, and shall meet all requirements of the U.S. Postal Service.

17. Drainage. Each owner shall refrain from interference with the established drainage pattern over his lot from adjoining or other lots, and make adequate provision for proper drainage from any such lot in the event the established drainage over his lot is changed or altered. For the purpose hereof, "established drainage" is defined as a drainage which will occur at the time the overall grading of the properties, including the landscaping of each lot, is completed.

18. Obligation to Rebuild. (a) If all or any portion of any residence or structure located upon a lot is damaged or destroyed by vandalism, malicious mischief, fire or other casualty and the owner undertakes to rebuild, repair or reconstruct such, it shall be the duty of the owner to rebuild, repair or reconstruct same in a manner which restores it substantially to its appearance and condition immediately prior to the casualty. (b) The owner of any damaged residence or structure who intends to rebuild, repair or reconstruct such shall be obligated to proceed with all due diligence and commence construction within three (3) months after the damage occurs and complete reconstruction twelve (12) months after the damage occurs, unless prevented by causes beyond his reasonable control. (c) In the event the owner of a residence or structure is precluded from rebuilding by virtue of his mortgagee's required application of insurance proceeds to indebtedness or if the owner is not otherwise able or inclined to rebuild, repair or reconstruct, the owner shall be required to have the premises on which same was formerly situated cleared of debris so as to eliminate any unsightliness which would adversely affect the surrounding neighborhood. If the owner fails or refuses to comply with this provision within three (3) months from the date of such damage or destruction, the Developer or Eddisto Plantation Homeowners Association is hereby specifically authorized (but without obligation) to have such premises cleared of debris and cleaned. The actual cost of such clearing shall give rise to a lien in favor of the Developer or Eddisto Plantation Homeowners Association with the same force and effect as the lien called for in Paragraph 14 hereinabove.

19. Mining. No derrick or other structure designed for use in boring for oil, natural gas or other minerals shall be erected, placed, or permitted upon any part of such premises, nor shall any oil, natural gas, petroleum or other hydrocarbon products or minerals of any kind be produced or extracted therefrom.

20. Filling In and Excavation. No lot or parcel thereof shall be increased in size by filling in the water it abuts. The elevation of a lot shall not be changed so as to materially affect the surface elevation or grade of the surrounding lots. No rock, gravel, or clay shall be excavated or removed from any property for commercial purposes.

21. Subdivision of Lots. No lot shall at any time be divided in any manner or its boundary lines changed or altered. The provisions of this paragraph shall not prohibit the combining of two (2) or more contiguous lots in one (1) larger lot and after combination only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. However, unless the lots are combined or replatted by Developer, the combination of lots shall in no way limit the amount of annual dues payable per lot as required by the Developer or any homeowners association. However, the Developer hereby expressly reserves to itself, its successors and assigns the right to replat any lot or lots; and to take such other steps as are reasonably necessary to make such replatted lot or lots suitable and fit as a building site including, but not limited to, the relocation of easement, walkways, right of ways, private roads, bridges, parks, recreational facilities and other amenities to conform to the new boundaries of said replatted lots.

22. Utility, Street, and Drainage Easements. There are hereby reserved for the purpose of drainage and installing and maintaining utility facilities and for such other purposes incidental to the development of the property the easements as shown on the above described plat. In addition, a perpetual, alienable and releasable easement is reserved by the Developer, its successors and assigns, in, on, under, and over fifteen (15) feet along each side line of each lot (7.5' on each side) and over the front and rear ten (10) feet of each lot for utility installations, utility rights of way, drainage, and maintenance thereof. Within said easements the Developer, its successors or assigns, may erect, maintain, and use electric and telephone poles, gas lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electrical, telephone equipment, gas, sewer, water or public conveniences or utilities. These easements and rights expressly include the right to cut any trees, bushes, or shrubbery, make any gradings of soil, or to take whatever action may be necessary to provide and maintain economical and safe utility installations. All claims for damages, if any, arising out of the construction, maintenance, and repair or on account of temporary or other inconvenience caused thereby against the Developer, or any utility company or any of its agents or servants are hereby waived by the owners. The Developer does further reserve the right to change, lay out anew, or discontinue any street, avenue, or way shown on the plan of development not necessary for ingress and egress to and from an owners’ premises. Within these easements, no structure, vegetation, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of utilities. The easement area of each lot and all improvements on it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

23. Water Supply and Sewage. No individual water supply system shall be permitted, except for irrigation purposes, swimming pools, or other non domestic use. However, no sprinkler or irrigation systems of any type which draw from water in creeks, canals, streams, rivers, lakes, ponds, or other waterways within the property shall be installed, constructed or operated within the property. The public water supply system supplied by the Department of Public Utilities, City of Orangeburg, and any sewage disposal system provided or to be provided by the Developer or the Department of Public Utilities of the City of Orangeburg shall be used as the sole source of water and means of sewage disposal for all purposes on each lot. When said water and/or sewage systems are available to any lot, each owner of a said lot, at his expense, shall connect his water lines and his sewage disposal line to the water distribution main and sewage collection line provided to serve the owner's lot so as to comply with the requirements of such water supply system and sewage collection and disposal system. After such connection, each owner shall pay when due the periodic charges or rates for the furnishing of such services. All connection and tap fees existing on date of connection shall be paid by each lot owner.

24. Boat House. Docks, etc. No boat houses shall be permitted. Boat docks, piers, or any projection of any kind on or over any lake, pond, canal, river, creek, stream, or other waterways in the subdivisions shall not be permitted without first being approved by the Architectural Review Board. The highest projection of any such structure shall not exceed the elevation of the land adjoining such and no such boat dock or pier shall be erected, constructed, maintained, or permitted which will extend beyond ten (10) feet from the lot line paralleling and adjoining the water front of any lake or pond or one (1) foot from the lot line paralleling and adjoining the water front of any canal, river, creek, or stream. All lot owners who construct, or cause to be constructed boat docks or piers must maintain said structures in good repair and keep same clean and orderly in appearance at all times; must paint or otherwise treat with preservatives all wood or metal located above the high water mark, exclusive of pilings, and maintain same in an attractive manner.

25. Restrictions on Lakes, Canals, Pond, and Lakefront Areas.
(a) No pier, dock or other structure or obstruction of any wall, rip rap or any other material, except as permitted under Paragraph 24, hereinabove, shall be built, placed or maintained upon any water front lot on the property or adjacent thereto except with the specific written approval of the Architectural Review Board.
(b) Except with the prior written approval of the Architectural Review Board, no device or material may be constructed, placed or installed upon any lot which shall in any way alter the course or natural boundaries of any stream or body of water or which shall involve or result in the removal of water from any lake, canal, stream or pond.
(c) The use and access to the canal or canals, ponds, and canal access easements located in Governors Creek Subdivision shall be restricted solely to owners in said subdivision.
(d) The maintenance and repair of the lakes, canals and lakefront property shall be shared and prorated among the lot owners as provided by the By laws of Eddisto Plantation Homeowners Association. However, the maintenance and repair of the canal or canals, ponds, and canal access easements located in Governors Creek Subdivision shall be the responsibility of the owners in said subdivision only.
(e) A twenty five (25) foot maintenance easement is reserved by the Developer and Eddisto Plantation Homeowners Association along the rear of each lot fronting on any lake, pond, canal or other body of water.

26. Boats. No boat, rafts, canoes or other watercraft exceeding fourteen (14) feet in length shall be docked at the back of any waterfront lot or used on the ponds, canals, or other bodies of water located in the subdivisions. No such boat shall be used as a temporary residence. In addition, in the use of said boats on the ponds, canals or other water located in said subdivisions, same shall be manually propelled, with the exception that electrical motors not exceeding ten (10) horsepower shall be permitted.

27. Recreational and Fishing Rights. All lot owners shall be entitled to recreational and fishing rights in and to Lake Summit as set out on the above mentioned plat. For purposes of ingress and egress to said lake, an easement is herein provided and designated as "Pond Access" on said plat. Access to said lake shall be solely by use of said easement, with the exception of lot owners fronting on said lake. However, the recreational and fishing rights shall not be utilized nor permitted within twenty five (25) feet of the rear property line of subdivision lots fronting on said lake. No fishing shall be permitted from any public or private road.

28. Bridges, Walkways, etc. The Developer expressly reserves to itself, its successors and assigns, the right to build any bridges, walkways, or fixed spans across any or all natural or manmade canals, creeks, streams, or lagoons, but nothing herein shall create an affirmative obligation to do so.

29. Swimming Pools and Tennis Courts. Swimming pools shall not be nearer than ten (10) feet to any property line and shall not project with their coping more than two (2) feet above the established grade. Swimming pools must be in ground and both swimming pools and tennis courts must be located to the rear of any residence on any lot, unless a different location is authorized by the Architectural Review Board.

30. Antennae. No radio or television transmission or reception towers or antennae shall be erected on any lot, unless cable television is not available to a lot; in which event, customary antennae which do not exceed ten (10) feet in height above the roof ridge of any house shall be permitted. In no event shall free standing transmission or receiving towers be permitted.

31. Amendment. So long as Developer owns ten (10%) of the residential lots subject to this declaration, either initially or by expansion, annexation or addition, Developer may, in its sole discretion amend this declaration as long as such amendment is not in derogation of the interests of any mortgagee of a lot. Any such amendment shall be rights and interests appurtenant to and which run with the land at law.

32. Federal Lending Requirements and Rules and Regulations
of State and County. These restrictions may be altered or changed by the Developer, if required by any federal, state, county or municipal law or regulation which may, or hereafter create any conflict herewith, the effect of which would hinder or hamper the rights of owners within the communities, the marketability of commercial paper, including notes, mortgages or deeds to secure debt taken in connection with the financing of homes to be built upon the above described property, or the acceptance of any right of ways or easements by any such federal, state, or county or municipal authorities.

33. Enforcement. In the event of a violation or breach of any of the restrictions, conditions and limitations contained herein by any lot owner, or agent of such owner, the owners of lots in the neighborhood or subdivisions, or any of them jointly or severally, or the Developer, Eddisto Plantation Homeowners Association, or the Architectural Review Board shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. Said parties shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent their violation. In addition, the Developer or the Architectural Review Board shall have the right, whenever there shall have been built on any lot in the subdivisions any structure which is in violation of these restrictions or which has not been approved by the Architectural Review Board, to enter upon such property where such violation exists and summarily abate or remove the same at the expense of the owner, if after thirty (30) days' written notice of such violation it shall not have been corrected by the owner. Any person entitled to file a legal action for the violation of these covenants shall be entitled to recover cost and reasonable attorney fees as part of such action. Any such entry, abatement and/or removal shall not be deemed a trespass. The failure to enforce any rights, reservations, restrictions, or conditions contained in this Declaration, however long continued, shall not be deemed a waiver of this right to do so and shall not bar or affect its enforcement. 34. Severability, The invalidation by any court of any restriction, covenant, or condition contained herein, or any part thereof, shall in no way affect any of the other restrictions, conditions or covenants, or the remaining portion of any of same which may in part be invalid, but they shall remain in full force and effect.
35. Successors. This Declaration and the restrictions, covenants and conditions contained therein shall be binding upon and for the benefit of the heirs, successors and assigns of the Developer, owners, and all persons or entities claiming thereunder. 36. Assignment of Obligations. The Developer shall have the right to grant and convey all of its rights and obligations acquired hereunder, including the right to enforce these covenants, conditions, reservations and restrictions to the Eddisto Plantation Homeowners Association, and the Association agrees to accept same, at such time as in the sole judgement of said Developer said Association is ready to undertake the obligation of enforcing them. Upon such conveyance or grant, the said Association shall have and shall succeed to all rights and duties with the same powers as if the Association had been named as the developer herein.

37. Lien creditors. The breach of any of the foregoing covenants, conditions, reservations, or restrictions, or any re entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in said subdivisions and any improvements thereon, but the same shall be binding upon and effected against any such mortgagee or trustee or owner thereof, whose title thereto or whose grantor's title is or was acquired by foreclosure, trustee sale, or otherwise.

38. Duration. All covenants, conditions, reservations and restrictions provided for herein shall continue and remain in full force and effect at all times as against the owner of any lot in said subdivisions, regardless of how he acquired title, until the commencement of the calendar year 2010, on which date these covenants, conditions, reservations and restrictions shall terminate and end, and thereafter be of no further legal or equitable effect on said premises or any owner thereof; provided, however, that these covenants, conditions, reservations, and restrictions shall be automatically extended for a period of ten (10) years, and thereafter in successive ten year periods, unless on or before the commencement of the calendar year 2010 or the end of one of such extended periods, the owners of a two thirds majority of the lots in said subdivisions then existing and subject to this declaration shall by written instrument, duly recorded, declare a termination of same. Although these covenants, conditions, reservations, and restrictions may expire as herein provided, any and all reservations for breach of same committed or suffered prior to such expiration shall be absolute. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event, such term shall be reduced to a period of time which shall not violate the Rule Against Perpetuities as set forth under the laws of the State of South Carolina.


IN WITNESS HEREOF, The Genoa Group Partnership has caused these present to be executed in its name by its general partners this 18th day of June, 1990.

IN THE PRESENCE OF: THE GENOA GROUP PARTNERSHIP
/S/James F. Walsh, Jr. /S/ Harris B. Davis

_______________________________ _____________________
Managing Partner


/S/Susan C. Gleaton /S/Marion F. Moore
_______________________________ _____________________
Managing Partner


STATE OF SOUTH CAROLINA
COUNTY OF ORANGEBURG

PERSONALLY appeared before me Susan C. Gleaton and made oath that she saw The Genoa Group Partnership by its managing partners sign, seal and as their act and deed, deliver the within written Declaration and that she with James F. Walsh, Jr., witnessed the execution thereof.

/S/Susan C. Gleaton
________________________________________

SWORN to before me this 18th day of June, 1990.
/S/James F. Walsh (L.S.)
_______________________________
Notary Public for S.C.
My Commission Expires: 4 20 91