Declaration & Amendments

06/07/2016 12:02:22PM

Document #6269805

LANCASTER COUNTY

Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Wood's Edge (Residential-Townhouse and Multi-Family)

BACKGROUND AND PURPOSE

Certain property situate in Manor Township, Lancaster County, Pennsylvania is subject to a certain Declaration of Covenants, Conditions and Restrictions for Wood's Edge (Residential­Townhouse and Multi-Family). This Declaration has been recorded on September 30, 1987, in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 2239, Page 223, et. seq., and has heretofore been amended by a First Amendment which has been recorded on May 2, 1990, in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 2892, Page 363, et. seq., and a Second Amendment which has been recorded on March 1, 1991, in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 3094, Page 213, et. seq. [ NOTE: Info on Third Amendment missing.]

Pursuant to Section 5.2 of the Third Amendment, the Declaration may be amended during the first thirty year period (until September 30, 2017) by an instrument signed by not less than seventy-five percent (75%) of the Owners of all Lots. As Owners of more than seventy-five percent (75%) of the Lots which are subject to the Declaration, the undersigned owners are entitled to amend said Declaration.

[NOTE: The Declaration of 1987 and 1991 called for an instrument signed by not less than ninety percent (90%) of Owners in order to Amend the Declaration. It is almost unheard of to get 90% of any group of people to vote for anything.]

It is the purpose, intent and effect of this Fourth Amendment to further amend the Declaration.

The undersigned agree as follows:

ARTICLE I DEFINITIONS

Section 1.1. Owner.

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

Section 1.2. Property.

The term "Property" is amended so that as amended the term "Property" shall mean and refer to that certain property described in the attached Exhibit "A", and that described in the Supplemental Declaration which has been recorded on March 19, 1993, in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 3822, Page 0121, et. seq., and the Second Supplemental Declaration which has been recorded on December 2, 1994 in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 4512, Page 0075 et. seq., and the Third Supplemental Declaration which has been recorded on July 29, 1997, in the Recorder of Deeds Office at Lancaster, Pennsylvania in Book 5410, Page 0292, et. seq., and a Fourth Supplemental Declaration which has been recorded on December 19, 2002, in the Recorder of Deeds Office at Lancaster, Pennsylvania, Document Id number 5139552 and such additions thereto as may hereafter be specifically declared by Declarant to be subject to the provisions of the Declaration. Nothing herein shall be deemed to limit the rights of Declarant to subject additional parcels of real estate, including but not limited to Common Area, to the provisions of this Declaration.

Section 1.3. Lot.

The term "Lot" shall mean and refer to any portion of the Property (whether improved or unimproved) which is (a) now or hereafter included as a separate parcel on a duly recorded, final subdivision or land development plan and (b) intended and permitted to have one or more attached or detached dwellings erected thereon.

Section 1.4. Declarant.

The term "Declarant" shall mean and refer to The Murry Companies/Sher-Wal, Inc. Joint Venture, its successors and assigns.

Section 1.5. Association.

The term "Association" shall mean and refer to Wood's Edge Homeowner's Association, Inc., a Pennsylvania non-profit corporation, its successors and assigns, to be as defined in Article 4 of this Third Amendment.

Section 1.6. Dwelling Unit.

The term "Dwelling Unit" shall mean and refer to one or more living and/or sleeping rooms arranged for the use of one or more individuals living together as a single household unit with living, cooking and sanitary facilities.

Section 1.7. Common Area.

The term "Common Area" shall mean any portion of the Property (including any improvements thereon) owned, operated and maintained by the Association for the common use and enjoyment of Owners. The initial phase of the townhouse and multi-family section includes no Common Area. However, subsequent phases may include Common Area. If there is established any Common Area to be owned by the Association, the Common Area will be designated as "Common Area" on a duly recorded, final subdivision/land development plan. The term "Common Area" shall not include any portion of the Property unless and until such portion of the Property has been included and designated as "Common Area" on a duly recorded, final subdivision/land development plan. If ingress or egress to any Lot or Dwelling Unit is through any Common Area, any conveyance or encumbrance of the Common Area shall be subject to such Lot Owners' easement for ingress and egress. Common Area cannot be mortgaged without the consent of at least two-thirds (2/3) of the Owners (excluding the Declarant). Each Owner shall have a right and easement (which is appurtenant to title to the Lot) of enjoyment of any Common Area. Such right and easement shall be subject to reasonable rules and regulations of the Association.

ARTICLE II PROPERTY RIGHTS; RESTRICTIONS

Section 2.1. General Restrictions.

The following restrictions are hereby placed on each Lot.

(a) No building or structure shall be erected, constructed, located, maintained or used upon any Lot except one or more attached or detached dwellings, which dwellings shall be used only for residential purposes. This requirement for exclusive residential use shall not prohibit (i) quiet professional offices on any Lot, provided that such professional offices are maintained as a part of the dwelling and in accordance with plans and specifications approved by the Architectural Control Committee (as constituted and appointed pursuant to Article III) or (ii) the Declarant's sales and construction offices or (iii) if approved in writing by Declarant, sales and construction offices maintained by other persons. A private garage for motor vehicles may be built separately or attached to the dwelling, shall be of the same material and conform in architectural design and construction to the dwelling on the Lot upon which the garage is erected and shall not precede the construction of the dwelling

(b) No dwelling house, garage, building or structure of any character (or driveway or fence) shall be erected, constructed.located, maintained or used on any Lot (nor shall any addition to, change, or alteration thereof be made including changes in color scheme) unless and until the specifications and plans showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, location, front and rear facings, roofing, elevations, landscaping and grading plans (together with a statement of the estimated costs) have been submitted to and approved in writing by the Architectural Control Committee and a copy thereof as finally approved lodged permanently with the Architectural Control Committee. The Architectural Control Committee shall have the right to decline to approve any plans and specifications submitted which are not suitable or desirable, in the Committee's opinion, for aesthetic or other reasons, taking into consideration the effect of the building or other structures as planned on the adjacent or neighboring properties and whether the plans are in keeping with and are in general harmony with the surroundings. All construction and landscaping shall be promptly completed in accordance with the approved plans and specifications. There shall be no change or deviation from the approved plans and specifications (including changes in exterior colors of roofs, siding, shutters, etc.) without the prior written approval of the Architectural Control Committee.

(c) One satellite dish no larger than thirty inches in diameter per Lot, placement of which must be approved by the Architectural Review Committee with the goal of minimizing the visibil ity of the dish and interference with lawn maintenance. Satellite dishes shall be for residential use only. Owner shall be responsible for any loss or damage occasioned by the installation, removal or use of the satellite dish.

No other exterior antennae or receiving device shall be erected or maintained on any Lot or improvement thereon.

(d) Except for the erection of temporary chemical toilets during construction of approved improvements, no outside toilet or water closet shall be erected on any Lot.

(e) Each lot shall be kept free of unsightly weeds and rubbish at all times. Lawn grass shall not exceed five inches in height except on unimproved Lots owned by Declarant.

(f) No animal or poultry of any kind shall be kept on any Lot except those commonly recognized as domestic house pets and the total number of such pets shall not exceed two per dwelling unit. Offspring of any domestic house pets which increases the number of such pets to a number in excess of two pets shall be removed within three (3) months after birth. No kennel, doghouse or other pet shelter shall be permitted on any Lot. Domestic pets shall be confined to the Owner's Lot and shall not be permitted to defecate or run free on the Property.

(g) No fences of metal or wire construction, including but not limited to chain link fences, shall be erected on any Lot, except that the foregoing provision shall not apply to fences approved by the Architectural Control Committee and used with respect to racquet or other sports facilities. Fences may be erected of hedge and bush or ornamental construction, or of brick, wood or stone, provided no such fence exceeds three feet, six inches (3'6") in height (for boundary line fences) or six feet (6') in height for interior fences and provided that any fence must first be approved by the Architectural Control Committee. No wood or metal tool, garden, or similar type sheds or structures shall be permitted unless approved by the Architectural Control Committee.

(h) No advertising signs or billboards except real estate signs offering any dwelling unit or Lot for sale, none of which shall exceed four (4) square feet in size, shall be permitted on any Lot. Customary identification signs, however, shall be permitted on a Lot provided the same do not exceed one (1) square foot in size. Developer's entrance signs and project identification signs and builder's job location signs shall be permitted as approved by the Declarant. Mailbox design and location shall be approved by the Architectural Control Committee.

(i) No garbage or trash containers shall be located in the front or side lawn area of any Lot for more than a twenty-four (24) hour period. Any vegetable garden or garden plot shall be maintained not closer than three feet (3') to any Lot boundary line and only to the rear of the improvements erected on the Lot. In the event that any Owner maintains a vegetable garden or garden plot, such Owner shall keep the same free from unsightly weeds, shall remove dead crops and shall control soil erosion. All garbage or trash storage areas shall be screened.

(j) No exterior storage or parking of recreational vehicles, including but not limited to trail motorcycles, mini-bikes, motorcycles, snowmobiles, campers, motor homes, boats, trailers, etc., shall be permitted. No exterior storage or parking of commercial vehicles (except those in the process of making deliveries or providing services) or any vehicle with advertising signage shall be permitted. No vehicles, including without limitation cars, trucks, motorcycles, mini-bikes, snowmobiles, campers, motor homes, boats or trailers, shall be parked on a public street or right-of­way adjoining any Lot either (a) for more than twenty-four consecutive hours or (b) on a regular or recurring basis. Any vehicle, boat or watercraft kept, parked or stored in violation of this Section or any parking rules promulgated by the Board may be towed by the Association without liability to the Association and at the Owner's sole cost and expense.

No junk or junk yards of any kind or character shall be permitted, nor shall accumulation of scrap, used materials, inoperative automobiles, or machinery or other unsightly storage of personal property be permitted.

(k) Except as is reasonable during construction phases, no rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render any such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot or dwelling unit or to the occupants thereof. No noise or other nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or dwelling unit or to the occupants thereof. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any Lot.

(l) No improvements upon any Lot shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. Each Lot Owner shall be responsible for the installation, maintenance and repair of any sidewalks on the Lot or the public street or right-of-way adjoining the Lot.

(m) All utilities including electric, telephone and television cable lines, shall be underground. All utility easements, "clear sight" areas and other easements or rights-of-way shall not be obstructed in any manner including the planting of trees or shrubs.

(n) Each Lot Owner shall be obligated to cause the Lot to conform to, and to maintain all elevations and grading in accordance with, all storm water drainage and water drainage places applicable to the Lot.

(o) All excavated earth within the boundaries of a Lot, in excess of the amount required for proper grading of the Lot, must be deposited at a place specified by the Declarant within the limits of the development or upon adjoining lands of the Declarant, unless written consent is given by the Declarant for other disposition thereof.

(p) No poles or appliances upon which to hang or expose laundry shall be erected or maintained on any Lot.

(q) No utility "night lights", security lights (except for standard flood lights), insect lights or bug lights or bug killers, or other exterior lighting (except for standard lamp posts and walkway lights) shall be permitted unless approved by the Architectural Control Committee.

(r) Flags may be placed on the property either hanging from the building, on a pole projecting from the building or on a freestanding pole. Any freestanding flagpole must be approved by the Architectural Control Committee prior to installation with the goal of minimizing any interference with lawn maintenance. All flags on display must be in good condition and must not obstruct the property number or constitute a hazard to life or property in any way. Any flag on freestanding flagpoles must be lowered and removed at sunset, while flags on or hanging from the building may be permitted to remain overnight provided that they are protected from the elements. No flag or chords will be allowed if they disturb the quite enjoyment of the neighborhood, such as excessive noise that may be created in windy conditions.

The provisions of this Declaration shall run with the land, shall enure to the benefit of and be enforceable by the Declarant, the Association and any Owner. The Declarant, by written and recorded instrument, may waive or amend, as to any Lot, the provisions of this Declaration. Except as amended or waived by such a written and recorded instrument, the violation of any of the provisions of the Declaration is hereby declared to be a nuisance which may be remedied by appropriate legal proceedings. Failure of any person to enforce, Of to restrain the breach of, any provision of this Declaration shall be in no way deemed (i) a waiver of the right to do so or (ii) a waiver of such restriction, condition, covenant or agreement. The Declarant, its legal representatives, successors and assigns, shall not be responsible for or obligated to enforce compliance with the provisions of this Declaration.

Nothing in this Declaration shall limit the right of Declarant to complete excavation, grading and construction of improvements to any Lot, or to alter said excavation, grading and construction of improvements, or to construct such additional improvements as Declarant deems advisable in the course of development of the Property, or to use any structure on a Lot as a construction office or model home or real estate sales or leasing office. Declarant need not seek or obtain Architectural Control Committee approval of any improvement constructed or placed by Declarant on any Lot owned by Declarant. The rights of Declarant pursuant to this Declaration may be assigned by Declarant by recorded instrument which specifically designates a successor Declarant.

ARTICLE III ARCHITECTURAL CONTROL COMMITTEE

No dwelling house, garage, building or structure of any character (or driveway or fence or landscaping) shall be erected, constructed, maintained, located or used on any Lot (nor shall any addition to, change or alteration thereof be made including changes in exterior color scheme) unless and until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme, location, front and rear facings, roofing, elevations, landscaping and grading plans have been submitted to and approved in writing by an Architectural Control Committee composed of three (3) members, two (2) appointed annually by the Board and one Board member. In the event the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval shall be deemed to have been granted. The Committee shall have the right to decline to approve any such plans and specifications submitted which are not suitable or desirable, in its opinion, for aesthetic or other reasons.

ARTICLE IV THE ASSOCIATION

Section 4.1 Membership.

Every Owner shall be a member. Membership shall include an undertaking by each Owner to comply with and be bound by the Association's Articles of Incorporation, By-Laws, and policies. rules and regulations. Membership shall be accompanied by payment into the reserve fund an amount not greater than the first year's assessment in advance. Membership in the Association shall terminate on such member's ceasing to be an Owner. Each member in good standing shall be entitled to vote on each matter submitted to a vote of the members, provided however, that each member shall be an Owner. Each member shall have one vote for each Lot or Dwelling Unit owned by such Owner. For example, if an Owner owned an unimproved Lot, that Owner would be entitled to one (1) vote. If that Lot were improved with one (1) Dwelling Unit, the Owner would be entitled to one (1) vote. If two lots are combined with one Dwelling Unit, that owner is entitled to two (2) votes. If the Lot were improved by two (2) or more Dwelling Units, the Owner would be entitled to a number of votes equal to the number of Dwelling Units on the Lot. Where two (2) or more persons own a Lot or a Dwelling Unit, only one (1) vote for each Lot or Dwelling Unit owned shall be allowed, and such joint owners shall designate and register with the secretary of the Association the name of that Owner entitled to cast such single vote. At membership meetings all votes shall be cast in person, or by proxy registered with the secretary. The Board of Directors is authorized to establish regulations providing for voting by mail. An Owner who is a member of the Association may assign his/her membership rights to the tenant residing in the Owner's Dwelling Unit. Such assignment shall be effected by filing with the secretary of the Association a written notice of assignment signed by the Owner.

Section 4.2. Voting.

As used in this Section, the phrase "majority vote of the Owners" shall mean a majority of the votes cast at a meeting of the Owners at which a quorum is present in person or in proxy.

Section 4.3. Powers and Duties of the Association.

In order to carry forth its rights, duties and obligations, the Association, subject to the provisions of this Third Amendment, shall have the following powers:

(a) Levy Assessments. The Association shall have the power to levy assessments exclusively to promote the health, safety and welfare of the residents in the Property.

(a. 1) Maximum Annual Assessment.

From and after January 1, 1992, the maximum annual assessment per Lot shall not exceed (unless authorized by the majority vote of the Owners) an amount equal to Four Hundred Eighty Dollars ($480) increased ten percent (10%) per year.

The Board of Directors may fix the annual assessment at an amount not in excess of the maximum without a vote of the membership. Annual assessments shall be fixed on a calendar year basis beginning January 1 of each year. Any special assessment shall be fixed by the majority vote of the Owners.

(a.2) Notice and Quorum for any Action Authorized Under Section 4.3(a). Written notice of any meeting called for the purpose of the Owners taking any action authorized under Section 4.3(a) shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of this meeting. At the first such meeting called, the presence of 50 members or proxies entitled to cast votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting (and any meeting thereafter until a quorum is present in person or in proxy) shall be one-half (2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

(a.3) Uniform Rate of Assessment. Except as provided in this Paragraph 4, both annual and special assessments shall be fixed at a uniform rate for all Lots. The assessment, on unimproved Lots (i.e. a lot on which no Dwelling Unit has been completed) owned by a Declarant and on Lots improved with unoccupied Dwelling Units owned by Declarant shall, notwithstanding anything to the contrary, be a rate equal to twenty-five percent (25%) of the assessment rate applicable to Lots owned by Owners other than Declarant.

(a.4) Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence on the first day of the month following the recording of this instrument. The first annual assessment shall be in the amount of $480 and shall be assessed and adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors.

(a.5) Effect of Nonpayment of Assessments: Remedies of the Association; Subordination to the Lien of First Mortgages.

(i) The annual and special assessments plus (i) interest at the rate of fifteen percent (15%) per annum or the maximum interest rate permitted by law, (ii) late payment fees equal to twenty percent (20%) of the assessment if not paid within thirty (30) days of when due, and (iii) costs and expenses of collection, including reasonable attorneys fees in an amount not less than $150, shall be a continuing lien and charge on the Lot against which each such assessment is made. Each such assessment, plus interest, late fees and costs for collection (as provided above) shall also be the personal obligation of the person who was the Owner of the Lot at the time when the assessment fell due. Each Owner further agrees, by acceptance of title to a Lot, that the Association shall be vested with the right and power in its own name to take and prosecute all suits which may, in the opinion of the Association, be necessary or advisable for the collection of such delinquent assessments.

(ii) Each Lot shall be subject to a lien in favor of the Association for any assessment levied against that Lot. Such lien shall (1) date from the date of the assessment, (ii) be enforced in like manner as enforcement of a mortgage lien and (iii) be prior to all other liens and encumbrances on the Lot except

(A) liens for real estate taxes and other governmental assessments or charges against the Lot, (B) liens and encumbrances created prior to the recordation of this Declaration, and (C) mortgages on the Lot given to secure first mortgage holders whenever recorded, whether such recordation occurs prior to or after the date of the assessment or the due date of any installment thereof.

(iii) The Association shall, within ten days after written request from any Lot Owner and for a reasonable charge, furnish each Lot Owner with a certificate setting forth:

(1) the amount of any assessment currently due and owing by said Lot Owner;

(2) the amount of assessments for the current calendar year; and

(3) if then proposed by the Association, the amount of any proposed special assessment and/or the proposed assessment for the next calendar year.

iv) A purchaser of any Lot shall not be liable (and no Lot shall be subject to any lien) for any unpaid assessment greater than the amount set forth in the Association's certificate.

(a.6) Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Dwelling Unit or Lot within the Property, hereby covenants, and each Owner of any Dwelling Unit or Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the assessments as provided for herein and such assessments to be established and collected as provided herein.

(b) Maintenance and Repair. The Association shall provide for the maintenance and repair of any portions of the Property, or other areas, which are designated by the Declarant as "Common Areas" or areas (e.g. detention basins, ponds, similar facilities, etc.) which are to be maintained by the Association. Such areas or property may be conveyed to the Association or may be titled to other persons, as the Association or the Declarant may elect. In addition, the Association shall provide for each Lot lawn mowing, lawn fertilization, lawn weed control and snow removal, subject to the provisions that:

(b. 1 ) Any areas within screened or fenced portions of any Lot shall be maintained by the Lot Owner (no screens or fences or landscaping may be erected or maintained unless approved by the Architectural Control Committee); and

(b.2) The Association may (upon approval by the Board of Directors) remove any shrubbery, trees, etc. from any Lot.

(c) Enforcement. The Association, or any Owner, shall have the right to enforce, all restrictions, conditions, covenants and reservations imposed by the provisions of this Declaration, the Articles of Incorporation, the By-Laws and the Rules and Regulations of the Association. Failure of the Association or any Owner to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter. The Association may, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, the Articles of Incorporation, the By-Laws and the Rules and Regulations of the Association. Any defaulting Owner shall be responsible for all costs, including, court costs and attorneys fees incurred by the Association in relation to enforcement of the Declaration.

(d) Rules and Regulations. The Board of Directors of the Association may adopt such rules and regulations as it deems proper to carry forth its obligations, provided that the Board of Directors may not adopt any rules restricting the ability of an owner to sell, lease, conveyor otherwise alienate his Lot and Dwelling Unit, except as specifically set forth in this Declaration. A copy of said rules, as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner, and may, but need not be, recorded. Upon such mailing, delivery or recordation, said rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In addition, as to any Owner having actual knowledge of any given rules, such rules shall have the same full force and effect and may be enforced against such Owner. Further, the Board of Directors of the Association may amend and repeal the Association's rules and regulations.

(e) Insurance. To obtain and maintain in force at all times policies of insurance, including general liability insurance, workers' compensation insurance and such other insurance, including indemnity and other bonds as the Board shall deem necessary or expedient to carry out the Association's functions as set forth herein and in the Articles and By-Laws of the Association. In addition, the Association may obtain and pay for directors and officers errors and omissions insurance which shall name as insureds all officers and directors of the Association.

(f) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association's property, enforcement of the provisions hereof, or in performing any of the other duties or rights of the Association.

(g) Other Powers. To perform such other acts, whether or not expressly authorized hereby, as may be appropriate or reasonably necessary to carry forth or enforce any of the provisions of this Declaration.

Section 4.4. Liability of Board Members, Declarant and Employees.

Neither any member of the Board, the Declarant nor any employee of the Association shall be personally liable to any Owner, or to any other person, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Declarant, the Board, or any other representatives or employees of the Association and the Association shall indemnify and hold harmless such member of the Board or other person from and of all claims and demands and expenses (including reasonable counsel fees) arising by reason of any alleged wrongful act or omission. Nothing contained herein shall be construed to limit the liability of the Association.

ARTICLE V GENERAL PROVISIONS

Section 5.1 Remedies upon default

In the event of any default by any Owner under the provision of the Declaration, Articles of Incorporation, the By-Laws or Rules and Regulations of the Association, the Association and any Owner, shall have each and all of the rights and remedies which may be provided for in this Declaration, the Articles of Incorporation, the By­Laws and said Rules and Regulations, and those which may be available at law and/or equity, and may prosecute any action or other proceedings against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or specific performance, or for judgment for the payment of money and the collection thereof, or for any combination of the remedies, or for any other relief. No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy. All expenses of the Association in connection with any such actions or proceedings, including court costs and attorney's fees and other fees and expenses, and all damages, permitted by law from the date due until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of respective assessment upon the Lot and upon all of any additions and improvements thereto, and upon any personal property upon the Lot. Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the Association or any Owner.

Section 5.2. Term and Amendment.

The covenants and restrictions of this Declaration shall run with and bind each Lot for a term of thirty (30) years from the date this Declaration is recorded, after which time this Declaration shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy five percent (75%) or such greater percentage specified in the Uniform Planned Community Act of the Owners of all Lots. and thereafter by an instrument signed by not less that specified by law. Any amendment shall not be effective until recorded.

Section 5.3. Severability.

Invalidation of anyone of these covenants or restrictions by judgment or court order shall not affect any other provision, all of which shall remain in full force an effect.

Section 5.4. Rights and Obligations.

The provisions of this Declaration, the Articles of Incorporation, By-Laws and the Rules and Regulations and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the recording or the acceptance of a deed conveying a Lot or any ownership interest in a Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration, the Articles of Incorporation the By-Laws and the Rules and Regulations whether or not mention thereof is made in said deed.

The undersigned Owners ratify and confirm the Multi-Family Declaration as consolidated and amended by this instrument.

IN WITNESS WHEREOF, intending to he legally bound hereby, the undersigned have signed this Fourth Amendment.

THE MURRY COMPANIES/SHER-WAL, INC, JOINT VENTURE

William E. Murry, Attorney in Fact *

* Declarant executing this document as both Declarant and Owner of 16 lots - 1 unimproved lot and 15 improved lots, specifically, those at 130, 134, 136, 138 Langley Square; 416, 420 Stone Creek Road; 105, 107 Sutherland Road; and 267, 308, 316, 333, 336, 344, 416 Whitechapel Road by William E. Murry, Attorney-in-Fact for The Murry Cornpanies/Sher- Wal, Inc. Joint Venture, pursuant to a Limited Power of Attorney recorded in the Office of the Recorder of Deeds for Lancaster County, Pennsylvania on January 6, 2006, Document Id number 5489644.

WOOD'S EDGE HOMEOWNER'S ASSOCIATION. INC.

Susan Sheeler, President **

** HOA executing this document on behalf of the Wood's Edge Homeowners' Association and Owner of 11 unimproved lots.

Joan L. Mattress, Secretary

Robert Wash, Agent ***

* * * Robert Wash executing this document as agent for Owners identified below who represent over 75%1 of all Owners of all lots as required by the Declaration and as authorized by ballot/proxy on tile at the office of the Wood's Edge Homeowner's Association, P.O. Box 7952, Lancaster, PA 17604, (717) 490-1729, www.woodsedgehomeownersassociation.com.

206 of 259 votes were cast approving this Fourth Amendment.

HOMEOWNERS WHO APPROVE OF FOURTH AMENDMENT TO DECLARATION THROUGH ATTORNEY -IN-FACT BY BALLOT/PROXY

Woods Edge

Manor Township

Lancaster County, PA

ALL THAT CERTAIN tract of land situate on the easterly side of Centerville Road, the northerly side of Stone Creek Road, and the southerly side of Cornerstone Drive in Manor Township, Lancaster County, Pennsylvania as shown on the Final Subdivision Plan of Wood's Edge Development prepared by J.E. Engineering/Surveying, Inc., drawing no. 85136-4, dated October 15, 1986, last revised April 14, 1987, recorded in the Office of the Recorder of Deeds for Lancaster County, Pennsylvania in Subdivision Plan Book J, volume 152, page 86.

Subject to the Declaration of Covenants, Conditions and Restrictions for Wood's Edge, recorded on September 30, 1987, in the Office of the Recorder of Deeds for Lancaster County, Pennsylvania in Book 2239, Page 223, et. seq., and as amended on May 2, 1990, recorded in Book 2892, Page 363, et. seq., and on March 1, 1991, recorded in Book 3094, Page 213, et. seq.

TOGETHER WITH property added by Declarant in Supplemental Declarations:

recorded on March 19, 1993 in Book 3822, Page 0121, et. seq.;

on December 2, 1994, in Book 4512, Page 0075 et. seq.;

on July 29, 1997 in Book 5410, Page 0292, et. seq.;

on August 9, 2001 Document ID number 5001777;

and on December 19, 2002, Document ID number 5139552.

BUT EXCLUDING Lot Numbers 46 through 54 (Summitville Court lots) and 57 through 93 (Pine Bridge Lane lots), the "Murry Lots" in Phase I, Section III of Wood's Edge as depicted on the Final Plan for Wood's Edge Development recorded in the Office of the Recorder of Deeds in and for Lancaster County in Plank Book J -176, Page 64.

Excluded pursuant to the Memorandum of Settlement Agreement and Stipulation recorded on October 4, 2001, Document ID number 5013480, subject to the restriction that upon conveyance of a "Murry Lot" to a Third Party, said lot shall be subject to the Declaration, as amended and supplemented or as it may hereafter be further amended and supplemented.

Exhibit A

INSTRUMENT # : 6269805

RECORDED DATE: 06/07/2016 12:02:22 PM

I hereby CERTIFY that this document is recorded in the Recorder of Deeds Office in Lancaster County, Pennsylvania.

Bonnie L. Bowman Recorder of Deeds