Book No. 787 Jefferson County

7115

TUSCAWILLA HILLS SUBDIVISION -DUPLEXES

FIRST MODIFICATION OF RESTRICTIVE COVENANTS

KNOW ALL MEN BY THESE PRESENTS: By this agreement dated this 7th day of September, 1994, the undersigned, being the Developer and Owners of Lots Nos. 39B and 397B in Tuscawilla Hills Subdivision, situate in Charles Town District. Jefferson County, West Virginia, which is described on a plat of survey thereof made by Appalachian Surveys, Inc., dated March 26, 1990, entitled "Final Plat, Lots 380 - 395, 396A & 396B and 397A & 397B, Tuscawilla Hi11s", recorded in the Office of the Clerk of the County Commission of Jefferson County, West Virginia, in Plat Book 9, page 42, to which plat and the covenants and restrictions appended thereto reference is hereby made, do hereby agree to modify the covenants and restrictions applicable to said real estate as follows:

ARTICLE ONE: The note set forth as "10 d.)" on the aforesaid plat and incorporated in Restrictive Covenant No. 19 by reference shall be deleted and in its place and stead the following note shall be implemented:

10. d.) Following is a list of the set hack distances for the other side line of each lot:

Lot 380 = 12 feet Lot 381 = 12 feet Lot 382 = 12 feet

Lot 383 = 12 feet Lot 384 = 17.30 feet Lot 385 = 12 feet

Lot 386 = 12 feet Lot 387 = 14 feet Lot 388 = 14 feet

Lot 389 = 16 feet Lot 390 = 18 feet Lot 391 = 13 feet

Lot 392 = 20 feet Lot 393 = 20 feet Lot 394 = 16 feet

Lot 395 = 14 feet Lot 396A = 20 feet Lot 396B = 20 feet

Lot 397A = 16 feet Lot 397B = 18 feet

Otherwise said covenants and restrictions shall remain in full force and effect.

WITNESS the following signatures and seals:

SHENANDOAH DEVELOPMENT CORPORATION, INC.,

a West Virginia corporation

(AFFIX CORPORATE SEAL)

BY: ________________________________________

A.G. Hooper, Jr.

Its President