SW8061001_Current Permit_20130506

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
May 6, 2013
Craig Rigsbee, Manager
The Hammocks at Port Swansboro, LLC
1143 Hammocks Beach Road
Swansboro, NC 28584
Subject: Stormwater Management Permit No. SW8 061001
The Hammocks at Port Swansboro
Project served by an Offsite System
Onslow County
Dear Mr. Rigsbee:
John Skvarla
Secretary
The Wilmington Regional Office received a complete Stormwater Management Permit Application for The Hammocks
at Port Swansboro on May 6, 2013. Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW8 061001, dated May 6, 2013, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s);
recordation of deed restrictions, certification of the project, procedures for changes of ownership, and transferring the
permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system, to record deed restrictions, to certify the project or to transfer the permit in a timely manner, will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filingg a written petition with the Office of Administrative Hearings (OAH). The written petition
must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty
(30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee
is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Chris Baker at (910)
796-7215.
Sincerely,
Charles Wa ild, P. E., Director
Division of Water Quality
GDS/csb: S:1WQS1StormwateAPermits & Projects120131061001 Offsitel2013 05 permit 061001
cc: David Newsom, P. E., Crystal Cost Engineering, P. A.
John Pierce, P. L. S., John Pierce & Associates, P. S.
Onslow County Building Inspections
Wilmington Regional Oice Stormwater File
15-r I'VVES T0r5 LNG 6&4.s /—, )
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwate�uali�.o�
An Equal Opportunity IAtfirmaUve Acton Employer
NoAhCarolina
Naturaltk

State Stormwater Management Systems
Permit Number SW8061001
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
SERVED BY AN OFF -SITE STORMWATER CONTROL
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended and other applicable Laws, Rules, and Regulations,
PERMISSION IS HEREBY GRANTED TO
The Hammocks at Port Swansboro, LLC
The Hammocks at Port Swansboro
Schooner Drive, Swansboro, Onslow County
FOR THE
construction of impervious areas with runoff to be treated in an offsite permitted stormwater
facility, in compliance with the provisions of SL 2008-211 and Title 15A NCAC 2H .1000
(hereafter collectively referred to as the "stormwater rules') and the approved stormwater
management plans, application, supplement, specifications and other supporting data as
attached and on file with and approved by the Division of Water Quality and considered a
part of this permit. The stormwater runoff from the site will be routed to a wet detention
pond operated and maintained by JEJ Investors, Inc. under the terms and conditions set
forth in the latest version of Permit No. SW8 130105.
This permit shall be effective from the date of issuance until rescinded, and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
The runoff associated with this project has been approved to be discharged into a
stormwater management system permitted under the latest version of SW8 130105.
2. The built -upon area allocated to this development by Stormwater Management Permit
No. SW8 130105, is 98,615 square feet. This project proposes 98,115 square feet.
The amount available for future development is 500 square feet.
3. All stormwater collection and treatment systems must be located in dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all required public rights -of -way, common areas and easements, in
accordance with the approved plans.
4. The runoff from the permitted built -upon area of this project must be directed into the
permitted stormwater system.
Page 2 of 6

State Stormwater Management Systems
Permit Number SW8061001
II. SCHEDULE OF COMPLIANCE
1. This permit is issued contingent on the construction of the permitted offsite stormwater
treatment facility being complete and in compliance with the conditions of permit
number SW8 130105, issued to JEJ Investors, Inc. on May 6, 2013, and as
subsequently revised, modified, or renewed. Prior to the construction of any built -
upon area associated with this permit, the JEJ Investors, Inc. shall have constructed,
operated, maintained, and certified the offsite stormwater management system in
compliance with SW8 130105.
2. The permittee shall construct the proposed stormwater collection system and the built -
upon areas to the dimensions, elevations and grades as shown on the approved
plans.
3. This lot is limited to the amount of built -upon area indicated in the supporting
calculations and per the approved plans. The project must maintain a built -upon area
less than or equal to the amount permitted under Stormwater Permit No. SW8
130105. A total built -upon area in excess of the maximum amount allowed by SW8
130105 will require a modification to SW8 130105.
4. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
5. The permittee is responsible for keeping the stormwater collection system within the
lot property boundaries clear of bash, debris and sediment, and must control the
sediment on the lot in accordance with the requirements of the NC Erosion and
Sediment Control Design Manual. The following minimum maintenance procedures
for the lot and its stormwater collection system shall be performed at the intervals
indicated in the Operation and Maintenance agreement:
a. Routine inspections.
b. Sediment and trash removal.
c. Maintain the vegetated stormwater conveyance swales, graded slopes and the
non -paved areas of the lot in a densely vegetated state.
d. Immediate repair and stabilization of any eroded areas on the lot.
e. Repair or replacement of any of the components of the lot's stormwater collection
and conveyance system such that the lot's runoff is captured and adequate
drainage to the BMP is maintained.
6. !Upon completion of the permitted construction on this lot, and prior to occupancy of
the facility, the permittee shall submit to the Division the completed Designer's
Certification accompanied by an as -built survey of the project's built -upon areas and
stormwater collection / conveyance system.
7. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Redesign of or addition to the maximum approved amount of built -upon area.
c. Further development, subdivision, acquisition or sale of any, all or part of the
project area covered by this permit.
d. The construction of built -upon area within any future development area noted on
the approved plan.
e. Alteration of any component of the approved stormwater conveyance/collection
system shown on the approved plan.
Page 3 of 6

State Stormwater Management Systems
Permit Number SW8061001
8. The Director may determine that other revisions to the project should require a
modification to the permit.
9. This permit shall become void unless the stormwater collection system and built -upon
areas of the lot are constructed and maintained in accordance with the conditions of
this permit and per the supporting documents that are enforceable parts of this permit.
10. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been
made.
III. GENERAL CONDITIONS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application, supplement, and other supporting data. Any other
activities undertaken at this site prior to receipt of the necessary permits or approvals
to do so from any local, state or federal government agency having jurisdiction, are
considered violations of NCGS 143-215.1, and subject to the enforcement procedures
pursuant to NCGS 143-215.6.
2. This permit is not transferable to any person or entity except after notice to and approval
by the Director. The permittee shall submit a completed and signed Name/Ownership.
Change Form, accompanied by the supporting documentation as listed on the form, to the
Division of Water Quality at least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of
an individual lot sale that is subject to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Property Owner's Association. A
permit transfer can only be approved under the following conditions:
i. The Association is legally formed and financially able to carry out the
maintenance requirements of the permit;
ii. The project is in substantial compliance with the permit, as determined by a
DWQ inspection.
c. A name change of the existing permittee;
d. A name change of the project;
e. A mailing address change of the permittee;
3. The approval of a permit transfer request will be considered on its merits and may or
may not be approved.
4. The permittee is responsible for compliance with all terms and conditions of this permit
until such time as the Director approves the permit transfer. Neither the sale of the
project nor the conveyance of common area to a third party shall be considered as an
approved transfer of the permit.
5. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to enforcement action by the Division of Water Quality, in accordance
with North Carolina General Statute 143-215.6A to 143-215.6C.
6. The permittee grants permission for DENR Staff to enter the property for the purpose
of inspecting all components of the permitted stormwater management facility.
Page 4 of 6

State Stormwater Management Systems
Permit Number SW8061001
7. The permit may be modified, revoked and reissued or terminated for cause. The filing
of a request for a permit modification, revocation and reissuance or termination does
not stay any permit condition.
8. Approved plans, application, supplement forms, calculations and specifications for this
project are incorporated by reference and are enforceable parts of the permit. A copy
of this permit, the approved plans and supporting documents shall be maintained on
file by the Permittee for the life of the project.
9. None of the development activities associated with the construction of this project
shall cause a wetland standard violation, a stream standard violation, or other water
quality violation. These violations are subject to civil penalties of up to $25,000.00 per
violation per day pursuant NCGS 143-215.6.
Permit issued this the 6th day of May, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 6

State Stormwater Management Systems
Permit Number SW8061001
Stormwater Project Number SW8 061001
The Hammocks at Port Swainsboro
Onslow County
Designer's Certification — Offsite .Lot
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/ weekly/full time) the
construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on page 2
of this form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Certification Requirements:
.1. The lot contains no more than the maximum permitted amount of built -upon
area.
2. All the built -upon area associated with this permit is graded such that the
runoff drains to the permitted offsite BMP.
3. The lot has been stabilized with permanent vegetation to prevent erosion.
4. Vegetated slopes are no steeper than 3:1.
5. Roof drains are located such that building runoff drains into the system.
.6. The inlet from this project into the approved offsite BMP is located per the
approved plans and does not cause short-circuiting.
7. The stormwater collection system on the lot has not been altered from its
permitted condition.
cc: NCDENR-DWQ
Onslow County Building Inspections
Page 6 of 6

o ` DWQ USE ONLY
Date eceive ^ -.Fee Paid Permit Number
:able Rules: ' ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph 11- Post Construction
all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WO Memt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
The Hammocks at Port Swansboro
2. Location of Project (street address):
NCSR 1511(Hammocks Beach Road)
City:Swansboro County:Onslow Zip:28584
3. Directions to project (from nearest major intersection):
From the intersection of NC 24 and NC 58 in Cape Carteret west on NC 24 approx. 5.2 miles to NCSR 1511,
left on NCSR 1511 approximately 0.2 miles to Schooner Drive left on Schooner Drive
4. Latitude:34° 41' 53.7" N Longitude:77° 08' 42.7" W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): []New ZModification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SWU-102 - Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numberSW8 061001 , its issue date (if known)October 27, 2006 . and the status of
construction: ❑Not Started ZPartially Completed* ❑ Completed* *provide a designer's
certification
2. Specify the type of project (check one):
❑Low Density ZHigh Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, n/a and the previous name of the project, if different than currently
proposed, n/a
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ❑Sedimentation/Erosion Control: ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
--
b. If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
5. Is the project located within 5 miles of a public airport? ZNo ❑Yes
If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org/web/wq/ws/su/statesw/rules laws
Form SWU-101 Version 06Aug2012
9 ECEIVE
FEB 2 6 2013
Page 1 of 6 BY'

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:The Hammocks at Port Swansboro LLC.
Signing Official & Title:Craig Riesbee,M om . � �
b.Contact information for person listed in item 1a above:
Street Address:1143 Hammocks Rea& Road
City:Swansboro State: NC Zip:28584
Mailing Address (if applicable):same
City: State: Zip:
Phone: (919 ) 326-0000 Fax: ( ) n/a
Email:n/a
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official &
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: ( ) Fax:
Email:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official & Title:
b.Contact information for person listed in item 3a above:
Mailing
City:_
Phone:
Email:
4. Local jurisdiction for building permits: Swansboro
State: zip:
Fax: (_ )
Point of Contadjennifer Holland Phone #:
Form SWU-101 Version 06Aug2012 Page 2 of 6
910 ) 326-44288
,AEIft
VEIVE
FEB 2 6 200
BY:

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Project PARTIALLY built. Project as designed incorporated ON -SITE infiltration system Project to be
modified as to reduce size to ONLY that constructed and to allow treatment of stormwater in an OFF -SITE
BMP to be permitted and constructed by others ( The Hammocks at Port of Swansboro Phase II )
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW —1995 ❑ Ph II — Post Construction
3. Stormwater runoff from this project drains to the White Oak River basin.
4. Total Property Area: 3.88 acres 5. Total Coastal Wetlands Area: -0- acres
6. Total Surface Water Area: -0- acres
7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project
Area+.3.88 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landwardfrom the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 58.28 %
9. How many drainage areas does the project have?1 (For high density, count I for each proposed engineered
stormwater BMP. For low density and other projects, use I for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
asm information
Drainage Area _
euna a Area _Drainage
Area _Drainage
Area
Receiving Stream Name
UTQueen Creek
Stream ClassSA;HQW
Stream Index Number
19-41-16
Total amage Area s
s
-site Drainage Area s
s
Off -site Drainage Area s
-
-Proposed Impervious Area (sf)
98,615 s
�% Impervious Area (total)
58.28
Im ervious Surface Area
Drainage Area
_Draffiage Area _
ramage Area _Draffiage
Area
-site Buildings/Lots s
s
-site Streets s
s
-site Parking sf)
Included above
-site Sidewalks (sf)s
Other on -site s
-
-Future s
s
Off -site s
- -
xistmg s
- -
-
Total s
sf
02 2011�1!i
Stream Liass ana lnaex Number can be determined at: ht ortal.ncdenr.or web w csu classi cations '
Impervious area is defined as the built upon area including, but not limited to, buildings, RdrTarkmg areas,
sidewalks, gravel areas, etc.
***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
Form SWU-101 Version 06Aug2012 Page 3 of 6

11. How was the off -site impervious area listed above determined? Provide documentation. As -built survey of
constructed BUA and digital planimeter
Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 15A NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
fromhttp://portal.ncdenr.org/web/­w(ilws/su/bm-D-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms docs . The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at bt42://12ortal.ncdenr.org/web/wq/ws/su/maj2s .)
Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from bttj2://12ortal.ncdenr.org/web/wq/ws/su/statesw/fonns docs .
Ini '
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M(/I/
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http: / /w-wva.envhelp.org/pages /onesWpexpress html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1h mile of the site boundary, include the 1h
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runofrFEEB1VE
o. Drainage areas delineated (included in the main set of plans, not as a separ
p. Vegetated buffers (where required). 2013
BY:
Form SWU-101 Version 06Aug2012 Page 4 of 6

9. Copy of any applicable soils report with the associated SHWT elevations (Please identify VIA
elevations in addition to depths) as well as a map of the boring locations with the existing 1
elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 2630 Page No: 888
11. For corporations and limited liability corporations (LLC): Provide docun-Lentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretaU.state.nc.us/Corporations/CSearch aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from
hftp://12ortal.ncdenr.org/web/wq/ws/su/statesw/forrns dots. Download the latest versions for each
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:David K. Newsom, PE
Consulting Firm: Crystal Coast Engineering. PA
Mailing Address:205-3 Ward Road
City:Swansboro State:NC Zip:28584
Phone: (910 ) 325-0006 Fax: [phone]
Email:cI3 stalcoasteng bizec.rr.com
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item 1a) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
ECEIVED
FEB 262W
Form SWU-101 Version 06Aug2012 Page 5 of 6

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature:
a Notary Public for the State of
do hereby certify that
Date:
--------- County of
personally appeared
before me this _ day of _________________I _______, and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal, ________________________________________________
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) Craig Rigsbee
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will corded, d that the proposed project complies with the requirements of the
applicable stor Vr rubs u ` r 1:�AC 2H .1000 and any other applicable state stormwater requirements.
_ __, doh reby cer. ' that _� T_0.1__
- n� -
before me this day of lYl1�_ P r, A a l and
a stormwater permit. Witness my hand and official seal,
CELIA J. CLINKINBEARD
Notary Public
Onslow Gouty
North Carolina
My Commission Expires tl i
SEAL
Date:
for the tate of -ND_ - ear b � l � County of
1_ ---41______ personally appeared
� noyylVdgg heAi. a execution of -the application for
/) 4Y
My commission expires ii q
�CEIVED
FEB 28200
Form SWU-101 Version 06Aug2012 Page 6 of 6

Permit No.
.(to be peavided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground infiltration trench supplement for each system, design calculations, and plans and specifications
showing all stormwater conveyances and system details.
L PROJECT INFORMATION Project Name : 42ZrAAY%C>C-kS ZA -FC017V LLe_
Contact Person: MY' dw�3� t!is 64rW Phone Number. (el1A ) 3'L(O. -17 C�q
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
worksheet applies to: Trench Sd!t-- 17J a+rN in Drainage Area U T IQ r6'��
(from plans) (from rm mu-101)
H. DESIGN INFORMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type5P-Y'1e*-
Infiltration Rate -2. a C or cf/hr/sf (circle appropriate units)
SHWT Elevation
Trench Design Parameters
Design Volume
Design. Storm
brawdown Time
Perforated Pipe Size
Perforates Oeength
No. Observation Wells
Stone Type (if used)
Stone Void Ratio
,Zq, 6 �6 f nsl (Seasonal High Water Table elevation)
Mb'?j� c.f.
inch event (1.5 inch event for SA waters, I inch event for others)
days
dwq inch diameter cime &%PM -6Mrs
13r1'1 ft.
3� (may be required on a case -by -case basis)
42'i6
Trench Elevations (in feet mean sea level)
Bottom Elevation '11, O fmsl
Storage/Overnow, Elevation 3i . 0 fmsl
Form SWU-107 Rev 3.99 Page 1 of 3

ti W11 Digit)ip 1 MY 106Kim: i X41 i
The following checklist outlines design requirements per the Stonnwater Best Management Practices manual (N.C.
Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15
A NCAC 2H .1008.
- initial in the space provided to indicate that the following desigg requirements have been met and supporting
documentation is attached. If the applicant has designated an agent.- in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
PAW a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
Q� b. System is located at least 100 feet from water supply wells.
QV c. Bottom of system is at least 2 feet above the seasonal high water table (SHWT).
f~� d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e.. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
r{ f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltration
through the bottom only (a hydrogeologic evaluation may be required).
g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour.
h. System is not sited on or in fill material or DWQ approval has been obtained.
L Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
` I stabilized.
Vy j. System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage.
k. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
der/ 1. System captures and infiltrates the runoff from the first Is"ch of rainfall (0� event
for areas draining to SA waters ).
in. Drainage area for the device is less than 5 acres.
�IY-4 n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided.
o. Trench bottom is covered with a layer of clean sand to an average depth ofinches.
` p. Sides of the infiltration trench are lined with geotextile fabric.
\jf W q. Rock used is free of fines (washed stone) and has a large void ratio.
4�1*d r. Side to bottom area ratio is Iess than 4:1.
NW s. Observation wells) are provided (case -by -case basis). 4-cm-
t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)
and detail is shown on plans.
F01a SWU•107 August 1999 page 2 of 3

IV. UNDERGROUND INFMTI2ATION TRENCH OPERATION AND MAMTENANCE AGREEMENT
I. After every n'noff Producing rainfall event and at least monthly mspeot the infiibafion system for erosion, trash
accumulation, grass cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate"vegetative cover, mow vegetative
cover to maintain a maximum height inches, and remove gash. as needed.
p mg t 3. After everyinspe
runoffproducing rainfall event and at least monthlymonthlyct the bypass/overIlow structure for
blockage and deterioration. Remove blockage and repair structure to originally approved design specifications_
4. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability
hty of the system to perform as designed. .
5. The w: ,.er level in any monitoring wells will be recorded after a I inch rainfall event and at least once a month_ Clnonic high water table elevations (within I foot of the bottom of the system for a period of three months)
shall be reported to DWQ immediately.
6. If DWQ determines that the system is failing, the system will immediataely be repaired or replaced to original
design specifications. If the system cannot be repaired to Bonn its design f inction, other stotmwater control
devices as allowed by NCAC 2H .I000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am
procedures. I agree to notify DWQ of any problems with theresponsible o� performance nce of the above maintenance
responsible party, or address. system changes in the name of the project;
Print name:
Address: ,
Phone. Title:
Signature:Date
a Notary Public for the State of -4 Q,l "j .,6& ,,,, County
Of
iAe do hereby certify tl _ C L i -0
appeared before me thisday _ of personally
forgoing infiltration system and acknowledge the due execution of the
requirements_ Witness my hand and official seal,
SEAL o�earteieo►dr9t
...........
... °.� Am
e
M
p � o
6
-MM SWU-107 August 299E Page 3 of 3

Permit No. 1--'7\1 50 64C)ol
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
OFF -SITE SYSTEM SUPPLEMENT
FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any
on -site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and
drainage details for the project.
I. PROJECT INFORMATION
Project Name : The Hammocks at Port Swansboro
Contact Person: David K. Newsom Phone Number: [phone]
Is all drainage from the project directed to the off -site system? (check one): ® Yes ❑ No
II. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system
that will treat runoff from your project):
Permit No. S ujc613 O 1 o s
Project Name:The Hammocks at Port of Swansboro, Phase II
Type of System (wet pond, infiltration basin, etc.):Wet Pond & Wetland in Series
Lot No. (if part of a subdivision):n/a
How much built upon area draining to the permitted treatment system has been allocated to this project?
98,615 sf
III. REQUIRED ITEMS CHECKLIST
Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the
space provided to indicate that the following requirements have been met and supporting documentation is
attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the
agent may initial below. If a requirement has not been met, attach justification.
Form SW401-Off-Site System-Rev.l Page 1 of 2

&9plicants Initi s
a. Deed restrictions limiting the built -upon area on the site have been recorded.
b. Engineers certification for the existing off -site system has been submitted to DWQ.
c. There are no outstanding Notices of Violation for the off -site system.
d.. Off -site system is in compliance with the issued permit.
IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and
ditches will be reseeded or sodded following sediment removal.
3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as
needed based on monthly inspections.
4. The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, will be
inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be
cleared away from grates, curb cuts, velocity reduction devices, and piping.
5. The collection system may not be altered in any way without prior approval from NCDENR Division of
Water Quality.
I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection
system in accordance with the five maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible parry.
Print Name and Title:Craig Rigsbee, Member Organizer
Address:1143 Hammocks Beach Road
Date: //- Z 9-- Aal 2-
The leg&y respcKisible pare should not be a homeowners association unless more than 50% of
resident of the subdivision has been named the president.
1, VG (1( `] • l /i l Y) Its( n ne a n& a Notary Public for the State of 1 V U YTVI UGL r b 1 � � , ,inty of
nsti� V v l _ �, do hreli
�reby certify that _ _ �� 10\ S �
bQ personally appeared before me this
day of Q�QyY1 b� p(O , and acknowledge the due execution of the forgoing document including the stormwater
collection system maintenance requirements. Witness my hand and official seal;
CEUA J. CLINKINBEARD
Notary Public
Onslow County
North Carolino11
1
My Commission Explres !
UiC)'aa-W-&4
Notary Public jjqjjq
My commission expires
gk
Form SWU-106 Rev 8.07 Page 2 of 2

Type: CONSOLIDATED REAL PROPERTY
Recorded: 9/5/2018 11:22:56 AM
Pee Amt: $118.00 Pape 1 of 27
Onslow County, NC
Rebecca L. Pollard Reg. of Deeds
BK 4837 PG 32 - 58
AUG 10 2020
Prepared by: FRANK W. ERW1N, ATTORNEY
BY:_
Board Certified Specialist in Real Property Law- Residential Transactions
Erwin & Simpson, PLLC Attorneys
NORTH CAROLINA AMENDMENT TO MASTER DECLARATION
ONSLOW COUNTY OF RESTRICTIVE COVEN NTS OF
THE HAMMOCKS AT PORT SWANSB()RO
THIS AMENDMENT TO MASTER ,DECLARATION OF RES`i"RICTM
COVENANTS OF THE HAMMOCKS AT PORT SWANSBORO, made this the • �a `day
of August, 2018 , by THE HAMMOCKS AT PORT SWA►NSBORO 4ERIS
--
ASSOCIATION, INC. and MILES E. BOWMAN; TIMOTHY BUR:KE LANDY AND WIFE,
LAURA ANN LANDY; PETER KOVACS .AND WIFE, ADRIANNE KOVACS; PERLA
VIRIDIANA VALDES DETORRICO; DEMETRIC FRANCIS AND WIFE, CINA FRANCIS;
JUDITH L. FRASCO; ALEXIS T. SIUBA; HUEY ESTES RIGSBEE; ANTHONY CRAIG
RIGSBEE; TANJA MICHELLE MENKE; STEVEN L. TEITELL AND WIFE, THERESE
SICWIAT-TEITELL; CHRISTOPHER. M. ICING; DAVID E. MANSFIELD AND WIFE,
JANICE MANSFIELD; LORA BORON AND JOHN HAWKINS, JR.; JONNY SANDY AND
WIFE, MARY ANN SANDY; MICHAEL ANTHONEY FAVATA; LYNDA W. DAWSON;
PRESCOTT MANAGEMENT PARTNERSHIP, a NC General Partnership; CYNTHIA M.
ROSS; ANACEL'IA CERVANTES RABAGO; AND JENNIFER F. KING;
WHEREAS, the Declarant has heretofore caused to be recorded a Declaration of Restrictive
Covenants in Book 2818, Page 932, Onslow County Registry; and
WHEREAS, there was recorded a purported Declaration of Restrictive Covenants in Book
4197, Page 647, Onslow County Registry, which Amendment was not executed by the owners of
the real property and for which no description of the real property was attached and which the
grantors herein understand is of no force and effect; and
ERWIN & SIMPSON Attorneys, PLLC - 'Telephone: [phone]
82S Cum Branch Road, Suite 1 IS, Jacksonvills, NC 28$40
submitted electronically by "E.RWtN & SIMPSON"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the onslow County Register Of Deeds.
Book, 4837 Page: 32 Page 1 of 27

W11 f REAS, the Declaration as above recorded and originally published expressly allowed
the amendment of said Restrictive Covenants according to Article IX, Section 7 thereof; and
WHEREAS, all of those parties whose signatures are affixed hereto are owners of one or
more of the lots or parts of the subdivision as listed after the respective signatures;
WHEREAS, all of those parties whose signatures are affixed hereto join herein to consent
to the amendment as set out herein;
NOW, THEREFORE, theDeclarants do hereby amend the aforesaid Restrictive Covenants
recorded in 2818, Page 932, and hook 4197, Page 647, Onslow County Registry, as follows:
1. NO EFFECT: That the Amendment recorded in .Book 4197, Page 647, Onslow
County Registry shall be and hereby is revoked and shall be deemed of no effect.
2. REVOCATION: Article VI, Section 8 of the Declaration recorded in Book 4197,
Page 647, Onalow County Registry shall be and hereby is revoked and shall be deemed of no effect.
3. AM NDMEN'!I' AND SU13S'1'1TV11ON: Article 11, Section 6 (d) of the
Declaration recorded in Book 2818, Page 932, shall be deleted and the following shall be substituted
in its place. The section shall read amended as follows:
The Association shall maintain lawn grasses (exclusive of shrubs or flowering plants) from
the curb to the front fence, side yard, and rear yard to including, but not limited to mowing,
trimming, edging of curbing and sidewalks and beds, the removal of clippings, any nutrients, weed
control chemicals and insect control as required.
The Association shall maintain a master or individual termite contract on each unit and may
separately bill each owner for the cost thereof.
The exterior maintenance shall be provided by the owner of each lot. In the event any owner
fails to maintain his lot and building thereon the Association shall have the right, obligation and
duty, to provide notice of the owner's duty to maintain and designate specific items to be maintained,
including but not limited to, to pressure wash and paint the exterior or make other repairs due to
neglect. If such maintenance is not completed within fifteen (15) days from the notice, then upon
a meeting of the Board, if the Board deems that the maintenance or repair should be undertaken, then
the Board shall have the right to so undertake. The costs of the maintenance or repair shall be an
ERWIN & SIMPSON Attorneys, PLLC = Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
2
Book: 4837 Page: 32 Page 2 of 27

assessment payable by the owner and against the lot maintained or repaired collectable as any other
assessment.
General rules of law shall apply regarding liability for property damage due to
negligence or willful acts or omissions and all such costs shall be allocated in relation to the person
who would be responsible for repair in the absence of the duty of the Association to maintain.
4. RASE OF AK;UAGE: The Declaration as recorded in Book 2818, Page 932,
Onslow County registry included certain lands subject to the restrictions contained therein but
which have not been developed or built upon for inclusion into the Hammocks at Port Swansboro
subdivision. As such, the €ollowing described 2.69 acres of property shall be and herebyis released
from the operation of and shall no longer be subject to the Declaration recorded in Book 2818, Page
932, Onslow County Registry:
Commencing at an existing N.C.G.S monument entitled "Rink" and having N.C. Grid values of
North 350,991.24 feet and Eastern values of 2,.557,714.42 feet; and running thence from the said
existing N.C.G.S. monument and running South 14 degrees 00 minutes 52 seconds Fast 124.76 feet
to an existing iron stake located along the Southwestern right of way of N.C. Highway 24 (100 foot
right of way); thence leaving the said right of way and running South 32 degrees 21 minutes 09
seconds West 184.95 feet to an existing iron stake, said iron stake also being'THE TRUE POINT
OF BEGINNING: thence from the described beginning and running South 32 degrees 11 minutes
05 seconds Vilest 62.22 feet to an iron stake; thence South 50 degrees 19 minutes 41 seconds West
419.86 feet to an existing iron stake; thence North 39 degrees 23 minutes 19 seconds West 78.53 to
an existing iron stake; thence North 50 degrees 36 minutes 41 seconds East 72.50 feet to an iron
stake; thence North 39 degrees 24 minutes 13 seconds West 201.80 feet to an existing iron stake;
thence North 50 degrees IS minutes 01 seconds East 107.34 foot to an iron stake; thence North 39
degrees 27 minutes 49 seconds West 40.00 feet to an iron stake; thence North 39 degrees 27 minutes
49 seconds West 79.29 feet to an iron stake; thence North 51 degrees 00 minutes 38 seconds East
106.04 feet to an existing iron pipe; thence South 62 degrees 08 minutes 42 seconds Cast 107.99 feet
to an existing iron pipe; thence South 63 degrees 48 minutes 04 seconds East 14.53 feet to an iron
stake; thence South 42 degrees 00 minutes 18 seconds East 24.79 feet to an iron stake; thence South
15 degrees 35 minutes 53 seconds East 31.51 feet to an iron stake; thence North 73 degrees 06
minutes 38 seconds Fast 37.05 feet to an iron stake; thence North 29 degrees 11 minutes 45 seconds
East 32.03 feet to an iron stake; thence South. 60 degrees 54rninutes 22 seconds Best 53.39 feet to
an existing iron stake; thence South 68 degrees 23 minutes 37 seconds East 76.78 feet to an existing
iron stake; theCce South 60 degrees 49 minutes 06 seconds East 98.95 feet to the point and place of
beginning. Containing 2.69 acres and being a portion of the property described in Deed book 2630,
Page 888 of the Onslow County Registry. The courses contained herein are correct in angular
relationship and are referenced to N.C. Grid North. Prepared by John L. Pierce & Associates, P.A.,
John L. Pierce, P.L.S., L-2596, on September 17, 2012, Being all of the property conveyed to JEJ
Investors, LLC by deed recorded in Book. 3868, Page 55, in the Onslow County Registry.
ERNVIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road., Suite 115, Jacksonville, NC 28540
3
Book: 4837 huge: 32 Page 3 of 27

5. INCORPORATION BY REFERENCE: All of the terns, conditions, provisions and
rights reserved by the Declarant as set forth in the Master Declaration as recorded in Book 2818,
Page 932, Onslow County Registry, are incorporated herein by reference.
1N WITNESS WHEREOF, as the above date, Grantor (whetherperson, corporation, limited
liability company, general partnership, limited partnership, or other entity) has signed this instrument
in the ordinary course of business, by the signature(s) below if its duly authorized representative(s),
as the act of such entity.
(SEE A'r CACHED SIGNATUE PAGES)
K:1HOAIHAMMOCKS-PORTS WANS C0173-CV-161RCs\2018 Maintenance Aradrat\Hammocks PS Arad Maintenancc 20180612.wpd
rev 20180614fwe
ERWIN & SIMP +ON Attorneyg, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
4
Book: 4837 Page: 32 Page 4 of 27

THE HAMMOCKS AT PORT SWANSRORO OWNER'S
ASSOCIATION, ]INC.
By:� '
president
NORTH CAROLINA
COUNTY OF ONSLOW
I cmttify that the following person(s) Personally appeared before me this day, each acknowledging
to me that he or she voI ' A"-
-11e f going docWneut for the WPM stated theme and in
the capacity indicated:President, THE HAMMOCKS AT PORT
SWANSBORO OWNER'SATION, INC.
Date O b'' 1 -�_ ,
(Official Signature oNotary)
N'otfty Public
(Nd6xys printed or typed name)
(Official Seal)
My commission expires: , Lce.mbtrj c) �z t4
(SEE ATTACHED SIGNATURE PAGES1
�oteeurrrr1r'
Nv-
��cr►Rr 0
r V a Z w
e
opo
r<<iroreeeet�-
Book: 4837 Page: 32 Page 5 of 27

LOT 21
North Carolina
County of -
1 certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she volun rely signed the *egoing document for the purpose stated therein and
in the capacity indicated:_.._... 1--�Sta-�. o�. c:--i_�
Signature of Notary)
Notary Public
od
NOTARY PUSUC
(Off x0fw 3 , NG
tiny p+re�,_�.. a.�,�. 4040o
My commission expires:'( ? a..t.• (u` Cj )
VHOM IAMMOCKS-PORTSWANS C0173-CV-16\PCsQ018 Maintenance AmdmA1-1ammocks P5 Amd Maintenance 20180612.wpd
rev 20160614f-we
ERWIN & SIMPSON Attorneys, PLIX -'telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 6 of 27

LOT 2t7
North Car La
County 0:' p
L)
L)
1 certify thattho fallowing person(s) personally appeared before me this day, each acknowledging
to me that he or she voluT
ly sigh faregoin document f r the purpose stated therein and
in the capacity indicated� h�t��y _� ►�� �r�
Signature of Notary)
Notary Public
(, otr�ry'sl��rl�'1�W11iante)
NOTARY PUBLIC
( Ltmcio%w',COUNTY, NC
Eupins 340, O
My commission expires: Ft'N,-,� L0 IJ-0- 0
6,
K-.NHOA`diAMMCICKS-1'OR`I:SWANS C'0173-CV-161RCsU018 Maintenance AmdmVFlommocks PS Amd Maintenance 20180612.%vpd
rev 20180614Rvc
CRWIN At SIMPS©N Attorneys, PLIX • Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC' 28540
Book: 4837 Page: 32 Page 7 of 27

LOT '9
Peter Kovacs
(SEAL)
Adrianne Kovacs
North Carolina
County aP� ri t .....
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the pustated therein and
in the capacity indicated..F y and ]big nn andy__ %r S;cC_�• �'tVrvi
/'1 N
Signature of Notary)
WC. r) Ul —i ''1 h' - -i , Notary Public
(`NqM tMW1#MAWped arse)
NOTARY PUBLIC
ry �E NTY, NC
( y� rea 3-10.2020
My corntnission expires: to ,Lo Ij
KAHOAU3AMMOCKS-YORTSWANS C0173-CV-16\RCA2018 Maintenance AnzdmAJ-Iammocks PS Amd Maintenance 20180612.wpd
ro, 2018061+11WC
ERWIN & S1MPSON Attorneys,, PLLC - Telephone: [phone]
825 Guin Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 8 of 27

LOT _10 ��1t,. Urn G�rCl u� /� �� dy `1 rYrGU
� (SEAL)
Perla Virldiana Valdes Detorrico
(SEAL)
North Caro ' a
County of
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voltigtmarily signed the foregoing document for the purpose stated therein and
in the capacity indicated:�'r,`
Signature of'Notmy)
-, Notary Public
fY, NO
340.2020
My commission expires: t'*\"-.,, c,,� Lei.'LQ,�Z)
K-11iOAkFIAM;uTf.)CK5-POR7'4WAOS CO173•CV-I6%CxU018 Maintenance AmdmAFiemmo ks PS Arad Mairnen.►nce?01ltpf 1?.wpd
rev '?bl 8(414A%-e
ERWIN & SIMPSON Attorneys, PLLC-'rolepuonc: [phone]
825 Guin Dranch Road, Suite 115, lacksouville, NC 28540
3ook: 4837 Page: 32 Page 9 of 27

I,GT _5,,-,
�a-, �„�-i ,r -.tea, (SEAL)
Demetric FrancisY.
-'
'rsJ ' (SEAL)
Gina Francis
North Caro >
County
l certify that the following person(s) personally appeared before me this day, each acl.nowledging
to me that he or she voluotarily si xed the foregoing documont fprthe purpose stated therein and
in the capacity indicated: _ n ` t
Cate
Y - / JI
4�
( 1ci Signature of Notary)
Notary Public
(Not���Ji�ed n me)
ARY BLIC
c .;N.; RUNTY, NC
irea 3-10.2020
My conunissioii expires:
K:11dWHAMMOCKS-PORTSWANS C0173-CV-1 G1RQA1-01 S Maintenance Amdmt*111mmvcks 1'S Amd Mninlennncc 201 H0612,mpd
rev 201806 1-1IWC
ERWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 10 of 27

LOT _9. 1 « .. r�- r SEAL
1u f L. Frasco
ISEAL)
North Car
County of�
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the f egoing document for the purpose stated therein and
in the crappacity indicated: urz � k a 5n-�
i
FY. Signature of Notary)
Notary Public
O'' � � TY, NC
My commission expires:
KA110A11•IAW0CK5-P0RTSWANS CU173-CV-161RCe+?0l R Vfaintenance Amdmt\Tlammnckx PS Amd Maintenarnce 20180612-wVd
= 20180614fivc
I':1tWIN & SIMP SON Attorneys, PLLC • "Tulephont: [phone]
825 Gutn Branch Road, Suite 115, Jucksonville, NC 28540
Book: 4837 Rage: t2 Page 11 of 27

(SEAL)
Alexis Skiba
(SEAL)
North Carolina
County of an s
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that lie or she volunt r'ly signed the foregoing document for the purpose stated therein and
in the capacity indicated: -3 1
Signature of Notary]
Notary Public
(No4WjER BWWed
n,9Y iQ_W_ AQIJNIY, NC
My com.tnission expires: `�,C,j - ( fit 2'0 , ov
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ERWIN & SIMfR°SON Attorneys, P13,C . '1 oItphona. [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 12 of 27

LOT 28 P-'4e 4 —.1
Huey Estes, lgsbee '
�.I
(SEAL)
North Caroling County of
of
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily fined the foregoing doc nt for the purpose stated therein. and
in the capacity indicated: f _
(ifficial Signature ol'Notary)Y �, J
Notary Pu
(Notary's .printed or name)
(Official Seal) td►p7�P�►6AP
c
My commission expires:
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rev 20180514fwe
ERWI'N dt SIMPSON Attorneys, PL LC: - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksouville, NC 28540
Book: 4837 Page: 32 Page 13 of 27

L(Yf 26
(SEAL)
North Carolina
County of A10-1d -�r--r_c��" n/
l certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing d Ument for the purpose stated therein and
in the capacity indicated: 1 kh' 'kwA j � t
]Date:
(0 ."Cial SigWiture UFNOtat-y)
; i, Notary Public
(Notary's printed or typed name
(a ,%-
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E.RWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 14 of 27

LOT 25
(SEAL)
North Carolina
County of A-&
I certify that the following person(s) personally appeared before me this day, each acknowledging
to lne that he or she voluntarilk signed the foregomi document for the purpose stated therein and
in the capacity indicated: th►N YM- W ( rou-'cS
Date:.
(U - wal Signature of No
Notary Public
(Not1i typed name
r
YX coniissiQ"x
,,.".1rEvQVER CO�'��.
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E RWIN do SIMPSON Attorneys, PLLC, -'Telephone: [phone]
923 Gum Branch hand, Suite 115, Jacksonville, NC 28540
Book: 4837 Page; 32 Page 16 of 27

Tania INfichelle Menke
(SEAL.)
'unn Carojina
County of f
i certify that the foilowing, persons personaiiv appearod before trie this day. each acKnowieninni;
to me that he or she voluntarily signed the -foregoing document ent for the purpose stated therein and
I C
in the capacity indicated: TILV\
c.
sdzi '5i3i]aWfe 01 10T;ITV1
�.
.4
Notary Public
NI)e-0 I i4111111"t".
(Official Seal)
My commission expires, 69
MiiinteniatiodArtidmt4innininc.lcx.P,4,%"
re%l
Pusoo
=kv(N & SIMPSON Attorneys. PLLC -Tclephone: [phone]
925 Gum Branch Road. Suite 115. Jacksonville. NC 28540
Book. 4837 Page: 32 Page 16 of 27

744C. 1A.
LOT 17 (SEAL)
Steven L. Teitell
(SEAL)
Therese Skwiat-Teltell
North Carolina
County of 1L)
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: —Steven L. Teitell and Therese Skwiat-Teitell
Date:,. � L,
(Offieial Signature of Notary)
L"Lle G" , Notary Public
(Notary's printed or typed name)
NUSEOUAMAN
(Official Seal) NOTARY PUBLIC OF NEW JRERSEY
10 No 2456300
My commission expires: Liy Commission Expires July 18, 2NI
e �Lo a
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ERWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
3ook:4837 Page:32 Page 17 of 27

LOT 3 (SEAL)
ristopher
✓�'` (SEAL)
North Carolina
County of WA14 .
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed he for egoing,document for the purpose stated therein and
in the capacity indicated:
.Date:_VV 31 ;)Oy?
(Offs ial . ig. tare of Notary)
--14-4-IC,- - --,T--. �i4 ?!_9"!._— .— . _, Notary Public
(N
(0
M,
KYLE J QLASMAIN
cial Sg.Notwy
North Carolina
My Commhulm Expiaee Jan.10, 9021
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rev 20180610mv
ERWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gutn Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 18 of 27

LOT _22- u (SE.AL)
4�
David E Mansfield
Janice Mansfield
w
North Carolina -f
�y �7t...
� V;L mil. 0
County of
I certify that the following person(a) persotially appeared before me this day, each a knowl . ging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
itn the capacity indicated: ,�; rnYp rtd and- Arn- Sandy. • _
Si
A--,,,-�
J` Atary.', ,printed or typed natfe)
�Aof Zcial i> ffw
�Mydd�nmi�si�i�xpires: � �4 i ��
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Notary Public
Maintenance Amdnifflammock5 PS Amd Maintenance 20180612.wpd
ERWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suitc 115, Jacksonville, NC 28540
3ook: 4837 Page: 32 Page 19 of 27

LOT i(Tnu....L�(SEAL)
.� OC Boh
qp
0, 61 , ��. �. (SEAL)
J41 Hawkii r // I
North (,.EU't)M
County of ._
I certify that the following person(s) personally appeared before nee this day, each acknowledging
to me that he or she voluntarily signad the foregoing document for the purpose stated therein and
in the capacity indicated: Q�.._ ��' _ ,
Notary Public
(Official Seal)
Myconunissionexpires:� �t
,INNf .4
"0 � �►
•
UNTr`,a`�
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ERWIN & SIMPSON Attorneys, PLLC -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 20 of 27

V Sandy4G
�, - (?A
AA *k
Mary Ann Sandy
North Carolina
County of 1 h r� `I'C) ►
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document�f r the purpose stated therein and
in the capacity indicated:
Date: L V k tQ_
(Official Signature of Notary)
Notary Public
{Not ' (Wintea'rr>%typed name)
M
56Y c s on,oXp * L k
0 o t
�JGHIAS�
ti
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ERWIN & $11MPSON Attumeys, PLLC - TOmplione: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
3ook: 4837 Page: 32 Page 21 of 27

LOT 1
/V- /C�/cat `�4���' � Ct_�.f� (SEAL)
Ivri hael Anthoney Fava
(SEAL)
Owner Name
North Carol'
County of .,
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed theL foregoing document for the purpose stated therein and
in the capacity indicated: __ MLOC"e-1 .�� C G. `�+
0
Signature of Notary)
Notary Public
(No "UBL
NMETa P ed n e)
TTAA UNrv, NO
(oftwirm 34.2020
My commission expires: rt i- bil L() -1,0
KAHOAViAMMOCKS-PORTSWANS C0173-CV-161RC9\2018 Maintenance Amdrn lammocks PS Amd Maintenance 20180612.wpd
rev 20180614414v
ERWIN & SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 22 of 27

LOT# (SEAL)
(SEAL)
North Carolin
County of
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated: , t Nis-, C ; -t,7)
Signature of Notary)
Notary Public
My commission expires:r�-
KAHOA11-tAMMCCKS-POMWANS C0173-eV-16%CG 2018 Maintenance AmdmAllu mocks PS Arad Mainteaonce 20180612.wpd
rc%r 20180614fwc
FRWIN & .9MPSQN Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Pago: 32 Page 23 of 27

LOT#
(SEAL)
North Carolina County of 'A -
County Zo. ,cam
1 certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntaril signed the foregoing docuinent for the purpose stated therein and
1n the capacity indicated: , • ._ � _ __»..�_
ey
1 Signature of Notary)
Notary public
NOTARY PUBLIC
( MM U M XOU 3•iaZ02a
My commission expires: ( t', iL 101
K:1HOAWAMMOCKS-PORTSWANS C0173-CV-16%Cs12018.Maintenance Amdmt\11rtrnnac1a4 PS Amd Maintenance 20180612.wpd
rev 20180614fWe
ERWIN & SEVWSON Attorneys, PLLC - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 24 of 27

LOT 1 g I ---(SEAL)
ynthia M Ross
(SEAL)
North Carolina y
County of _ _ -3t) ,
1 certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily si ned the f regoing document Far the purpose stated therein and
in the capacity indicated: e r1�
ate% 0 `
(O cial Signature of Notary)
O.Q114-1116 A] 11& Notary Public
(Notary's printed or typed name)
%0.1111111lfe
p My,Missiouopires: 1)e Ce4YJ) .'r 3! 9-
UAU ,i�Ult'I'SWANS CO)73-CV.I6%CA201 R Maintemnm AmdmMiumn►txkx rS Amd MuuItcnwux 20I80612.nd
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lsRiWIN & StMPSON Attorneys, PLLC -Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC: 28540
Book: 4837 Page: 32 Page 25 of 27

LOT lam'
(SEE AL.i
Anacelia Cervantes Rabago
(SEAL)
North Carolina
County of 2 CX "
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she voluntarily signed the foregoing document for the purpose stated therein and
in the capacity indicated:..
Date: q=� - 1-I 9,0 \ca_
Ca. ti
(OtCiSignature of Notary)
�._ Notary Public +�����Sr41�1r��,''�J
C. f.
(Notary's printed or typed nacre
NOTARY
(Official Seal) ".0 r PUBLdC
My commission expires: � �� �©�,� N
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rev 21)1$0614rwc
ERWIN & SIMPSON Attorneys, PIAX. - Telephone: [phone]
825 Gum Branch Road, Suite 115, Jacksonville, NC 28540
Book: 4837 Page: 32 Page 26 of 27

LOT i3 _ �L vi 0 LLA 011 C (SEAL)
dr
Jennifer F. King 0MA � It
' (SEAL)
North Car a
County of
I certify that the fallowing person(s) personally appeared before me this day, each acknowledging
to me that he or she v©turn rI gned t �Pr�egoin dac lent for the purpose stated therein and
in the capacity indicated: _�.11t`1 �'-- -- - -- t1(LC` _ _---
� �Icial Sigliature of Notary)
r +"'�` , Notary Public
(Notary's ' . ted or typed name)���'1 fl/ir�tR'�a►
(Official Seal)
My commission expires: _
ko 5 Po,�21
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rev 30186610-ve
ERW IN &. SIMPSON Attorneys, PLLC - Telephone: [phone]
825 Guru 13rancit Road, Suite 115, Jacksonville, NC 28540
3ook: 4837 Page; 32 Page 27 of 27

Pape 1 of 13
0
V�
111 111101111 1t11 1
Dac ID: 002257710013 Type: CRP
Recorded: 02/14/2001 at 08:38:12 AM
Pu Amt: tid0.00 Pags I of 13
Onalwl COUn1:Y. N1:
Maryland N. veshingtan Rep. of Deeds
tw2818Po932-944
STATH 01" NORTH C'AROLINA
COUNTY m t7NSI.o w
UFCLARATION
OF COVENANTS, S, CONDITIONS AND USTR1C:TIONS
OF THE I•lAMMOCKS AT PORT SWANSBORO HON11:0WNL-•RS ASSOCIATION, INC.
T141S is FULARA 1710N. made on the date hereinafter siet forth by The Hammocks at Port
Swansboro, a corporation organized under the laws of the State ol'North Carolina with its principal
office located in Onslow County. North Carolina, hereinafter ref -erred to as " I)cclarant".
WI TN13-SSETH:
WHEREAS, Declarant is the owner of certain property in Swansboro 'Township, Onslow
County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and
incorporated herein by reference.
NOWI Hf:tM"ORE', 1-kelarant hereby deciares that :ill Of 111U propertle% de:,uribed ahuvc
shall be held, sold and conveyed subject to the following casements, restrictions, covenants. and
conditions, which are ror 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
prupettie,4 tit uny part thctea(, their heirs, ituccessurs and assigns wed xhall inure to the hencrlit ol'euch
owner thereof.
ARIML t
DEFINITIONS
Seelion L "Association" shall incan and r&r to I he I laumtlucks at Port Swansboro, Inc..
its successors and assiyrts.
Lmtic�n 2. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities. ofa ree siinpic title to any Lot which is a part of the Properties, including contract
sellers, bUt excluding those having sueh interest merely ab tircurity for the pertartnance of an
obligation.
,eciion 3, "Properties" shall mean and refer to that certain real property hercinbefore
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
book; 2818 Pago, 1877•Curront, 932 84eq: 1

Pays 2 of 13
Sw,L)rt 4, I-Jigihlc First Mortgage Holder" shall n1ean any holder of a first Mortgage,
,%vho tiles with the secretary of the association, notice, that they are holding a mortgage on, the lot.
SC j 5 "Common Area" shall mean all real property (including the improvements
thereto) owned by the Association for the common use and enjoyment of the Owners.
3,ky,figLISii, "Storage Arai' shall tttean Such area that is retained by Declarant for the
storage of boats, recreational vehicles, etc.. -
Seri tq 7,, "Im" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exceptlon of the Common Area.
S fit' t . "llce:lnrant" -hull tneettt -,uid refer to the I lttinmocki at Dort Swangboro. LLC,
its successors and assigns il'such successors and assigns should acquire more than one undeveloped
Lot from the Declarant for the purpose of development.
PROPERTY RIClHTS
tiSS ti�)aj. -1 y e EitNlal4ttt s�E.�,,r c►�cxtt. Every Owner shall have a right and
casement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass
with the title to every Lot, subject to the fulluwing pruvisians:
a_ The right of the Association to suspend the Feting rights and right to uxc of the
recreational facilities. if any, by an Owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its
published rules and regulations: and
b. The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency. authority, or utility for such purposc5 and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective, unless an
instrument agreeing to such dedication or transfer signed by taro -thirds (2i3) of each class of
members and nifty -one percent (S 1 ° c) of the mortgage holders has been recorded,
flee �n 2. f.)el,lrJb?i_gn ") .list. Any Owner may delegate, in accordtmcc with the k�y-
Laws, his right of enjoyment to the Common Area and facilities to the members of the family, his
tenant, or contract purchasers who reside on the property.
2
Book: 2818 Page, 1977-Current: 932 Seq: 2

Page 3 or 13
Section 3. ParkingRights. Ownership of each Lot shrill entitle the Owner or Owners
thereof to the use of not less than two (2) automobile parking spaces, which shall be located near
the Lot together with the right of ingress raid egress in and upon said parking area. The
Association shall insure not less than two (2) vehicle parking spaces for cacti dwelling.
$ectican 4. Common k.Mgrol AM4,, '11e Association shrill govern any and all repairs,
replacements, and maintenance of the Common Control Areas.
SINtiort I—Traltic Island M,ginten nee The Association shall maintain in an orderly
fashion all traffic islands which are landscaped or upon which improvement may be placed oil
any road within the subdivision.
�t c..t y . ,_ _EX=iy XgiWW. e� In addition to maintenance upon the Common Area, the
A%soc►a►ion shall provide exterior maintenance upon each LOt subject to dues and assessments as
follows:
(a) Repair any ibnces and gtttes in the common area;
(h) maintain the lawn grasses froin the curb to the front fence, side yard and rear yard. to
include. but nol limited to mowing, trimming, edge, in and removal of clippings,
apply nutrients, weed control chemicals and insect control chemicals as required:
(e) wash each house at the discretion of the Board of Directors, to prevent unsightly
appearance;
(d) to provide general exterior maintenance to the improvements can the property, less
and except any and all glass and doors;
(e) Provide maintenance, repair and upkeep tit the expense of the owner who fails to
maintain acceptable appearance of his property at the expense of the owner; and
(f) To maintain all streets, front, side and rear lawnri and drainage line-, to include storm
water control lines.
t lUL111
MEMBERSHIP AND VOTING RIGHTS
Section I. McWbershin. Every Owner of a Lot and the :storage area which is subject to
assessment shall be a member of the Association. Membership shall be appurtenance to and may not
be selmated ftom ownership of a iy Lot or storage area which is subject to assessment.
3
Book; Me loose, 1977•Currontt 932 Sm 3

Page 4 of 13
5ectilm.2,1'�tiny„Righty, The Association shall havc two (2) chtsses of voting
tnvinborship!
�tts;h. Thd Class A members shall he all owners. with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned and for the storage area, When more
than one person holds an interest in any .Lot or storage area, all such persons shall be members. The
vote ror such Lot shall be excrcised as they dclorminc, but in no event shall more than one ante be
cast with respect to any Lot.
13, The Class 8 member(s) shall he the Declarant and shall be entitled to
tltrcc (_3)votes for each Lot owned. The Class 13 membership shall cease and be converted to
Class A membership on the happening ofeither ol'the following events, whichever occurs
earl i er:
a. Within One Hundred Twenty Days (120) when the total votes outstanding in the
Class A membership is seventy-five (77%) percent of the total votes outstanding in the Class 8
ntemhership, or
b, On the fifth anniversary of the conveyance of a Lot or other parcel within the
development.
ARTICLE IV
COVENANT FOR MA1N"I'L'NANC E' ASSUS8WNTS
stoic I.'r':atian of the 1 ien and l'crsonal Ohl'['he I)ccltlrant, for
each Lot Uwnvd within the Properties and the storage area, hereby covenants, and each Owner of any
Lot or storage area by acceptance of deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant anti agree to pay to the Association: (1) Annual assessments or charges,
amt (2) Special assessments for capital Improvements, such asscosinctus to be established and
collected as hereinafter provided. The annual and special assessments, together with interest, costs
and rmsona.hle attorney's fees, shall he a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together with interest,
costs and reasonable attorneys fees, shall also he the personal obligation of the person who was the
Owner of such property at the thue when the. assessment fell due. Fhe personal obligation for
delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
4
Beak: 2818 Page, 1977-Current: 932 Seq: 4

Page 5 of 13
Section 2. Purpose ol'Asaess rents. The assessnnents levied by the Association shall be used
exclusively to promote the recreation, health. safety, and welfare ofthc residents in the PropertiLti
and far the improvement and main(enance of any Contnutn Arca, anti ibr the Improvement and
maintenance of any Common Control Area. in addition. surns shall be collected and amassed' to
establish u capital account for capital improvements and repairs to the properties.
section .l imunn Annuai Asses ment. Until Januan. 1 of the year imxncdiaa(ely
hallowing the cott►cyanc4 of the first I ut to an Owner. the ttaaxiaauan annual atss:ssrnetnt shall be
I'welve Mundrud and (H)MN) Dollar ($1200,00) per Lot or storage area and niuy be paid montftly,
yu trterly, se(7ni-annually or annually as detcrmined by the Association, however. this annual
assessment fer must be puid in advance for the first year only at the tithe cif closing.
a. From and alter Junuar% 1 of the year immediately lallu«ing the conveyance of the
first Lot to an Owner. the m.axintum annual assessment may be increased each yrar not more than
ten percent (I U'iu) above the maximum assessment for tltc Previous year without a vote of the
membership.
b. Fronn and ailer .lanuary I of the year immediately following the conveyance c►nlic:
first Lot it) an Owner. the rttcaxinttrm annual asticssmem may be increased ahovc tcn percent
0 ()%) by a vote of htu-thirds (2/3) of each class of members %4hv are %otitng in person or by
proxy. at it meeting duly called for this purpose.
C. Me Ro and nt Directors ma� fix the winual assessment ai an amount not in excess
orthe maximum,
SSS&ion 4. Smeial Msessmenta fnr C'anttal lmnruv_ tnen(s. In addition to the annual
asst.-ssmettts authndved above, the Association may levy. in any assessment year, a slxcial
assessment applicable to that year only for the purpose of defraying. in whole or in part, the cost of
any comitruction. reconstruction. rquiror mplaccrriCnt UfU cal?ital improvvinwtt upon the Common
Area, including fixtures attci personal property related thereto, provided that any such assessment
shall lmve the assent cif two-thirds (2i3) of the votes of each class of members who are voting in
person or by proxy at a meeting dul called for this purpose.
e on. Nticc,ond Uuorurn for Anv.Actiun Authori�c�i t)atdcr 4cctiutua_3 �ttd . Written
notice of any meeting called for the purpose of taking any action authorized tinder Section 3 or 4
S
Book; 2818 Page, 1977.Currantt 932 Soq: 5

Papa G of 19
shall be Sent it) all inenibers not leis than thirty (Io) days nor more than sixty WO) days in advance of
the rneeiint,. At the first Such ineetinl;; cnlh+sl, N: prownc(: )i mernh"S- nr of proxies entitled to casi
fifty percent (jtl%) ol'all the votes ofeach class of')mcmhctship shall constitute at quorum) II'the
required quorum is not present, another meeting may be called subject to (fie same notice
requirement. and the required quoruni at the subsequent meeting shall be one-half (1/2) of the
required quorun) at the preceding: meeting No Stich Subsequenl meeting shall he held more than
sixty (60) days followings tliv precexling ineeting.
,vddva (!.. [: n11.i)rm Ra vtiff'. ltiscs ment. Both aiulual and special assessments must he fixed
ai a uniform rat: liar all l..ots and storage area and shall b collected on a inkinthly basis. ITowc%cr,
flutWlllf'•tilttlttligt this %oction lit an4 other xcolun conntined twfoin, l)vchir'tint shall he ohlig;atud to
pay only Line-lotirih ( 1/4) of the Unilurn) Assessment provided the Lot or storage aura is unoccuried
and has not been deeded by lleclarani to a purchaser.
Sa�ti�hi._7,. U;tte of ('111nntsnc�►nent of �nru;tl Ajj snierits I)uefetes. The arulual
:tsses4inenl. provided for Herein Shall commence as to all Lots Lin the Iirst day of the month
fUllR11'itlt; the C'einvclanee of the Common on ;area. The first annual ati�essment shall he adi"Mod
according; to the number oI'months remaining in the calendar year, 1'hc Board oWiretnors shall fix
the amount of the annual assesslllent against each Lot at least thirty (all) days in advance of each
annual asse,Sment period. Written notice ofthe annual assessment shall he sent to every thsncr
suh.jee.•( thereto. The llLit! dale• sha11114 estahlished by the Soard oo)ireclurs. 'rhe Axscxialitin shall.
upon demand. and fur a reasonable charge, furnish a certificate signed by an officer of the
Association setting 1101111 whether the assessments on a Specified T,ot have been paid. A propwrly
executed ccrtificatr of the Association as to the status of assessments on a Lot is bindings upon the
Association as orthe slate of its iswancl,
Se iun_f�,____I fleet lsf tiitig1�A}tnrltt n1' A. sgti rne_nts: Remedies of the Association. Any
assessnletit not paid within thirty (3tl) clays after the due date shall hear interest from the due date at
the rate often percent (1011/0 see auanunl or Such other rate as the Association may determine. The
Assuciation ivay bring all fiction at law ;igainst floe Owner personally obliONA to pa)y` tlle.itntt', or
foreclose the lien against the property. No owner may evaive or uthenvise escape liabiliy for the
assessments provided for herein by non-use of the Common Area or ahandonment of his kit.
6
Book: 2818 Page, 1977•Current: 932 Seq: 6

Page T of 13
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided
for herein shall lx: subordinate to the lien ot'any first mortgage. Sale or transfer of any Lot shall
not sheet the assessment lien. however, the sate or tranSCer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such a sscssmenty as to
payments which bccame, dues prior to such sale or froWL-r, No Sole or trans&r skull relieve such
Lot front liability for any assessments thereafter becoming due or from the lien thereof.
ARTIL'Lf, V
ARC1411 F.CTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon
the Properties, nor shall any exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature, kind, shap%Y. height, materials. and location of the same
shall have been submitted to and approved in writing m to harinouy ot7extcma►l deacign and toca4tioli
in relation to surrounding structures and topugraphy by the Board of Directors of the Association, or
by an architectural committee composed of three (3) or more representatives appointed by the Board.
In the event said Board, or its designalcd cornmittcc, tails to approve or disapprove such design and
location within thirty (301 days tiller such plans and specification have been submitted to it, approval
will not be required and this Article will be deemed to have been fully complied with.
A.811=..YI
USE 1tl,STRICTIONS
5sLt,:1O I . Land U se agd liuildinu rvP& Nu Lot shall be usad except fin -residential purposes
except in the storage area. No building shall be erected, altered, placed, or permitted to rernain on
any Lot rather than one single family dwelling not to excecd thmv (3) stories in height, unless
approved by Deciarunt. Any building erected, placed or altered on any Lot shall be subject to the
provisions of flit, Article V of this Uccl►►ratio►n ofC'ovenants, Conditions and Restrictions Mating to
Architectural control
Section 2. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood,
S ion 3. femnarary StruetM. No structure of a temporary character, match as a W, sement,
Book; 2018 Page,1977•Current: 932 $eq. 7

Nrlo $ of 13
Will. shuck. garage, burn or other utltbuildilig Ilall he used on any Lett at any time as a residence
either tcI nporarily or pvI1uunetttly •
it als. No livestock orpauIl,-V of any kittd shall br. kept or tnaintaincd un any
Lot or in :my- dwelling( except that dogs. cats or other ctlmmutl homehold pets May he kept or
maintained provided that they are not kept or maintained for commercial purposes and are at all
lltillS not it iitu5ancc to other t5wtlers, prrperly leashed tir coal, led In Lin appro%ed arms. No outer
animals shall be aiiowed without the prior consent elf the Declarant. Declarant tray. at its option,
assign this right to the Association,
e tin L t )ut�jd L_Aj tcroims: No outside radiel or tclev isiott antvnn<t,< shall be erected on any
L.ot or dwelling; unit wmlhin the l''ropenics unlems and mittil perttlission I'M 111V silnle has bl e I grunted
by (fie hiourd of Director~ of the Association or its architectural eonvol committee,
It ('c-ceing�, All drapes. curtains, or other similar materials 11m , at
w indocvs, or ill dQ%, manner so as to be visibly front the outside of any building erected Upon any l .at
shall be of a 4vhitc or neutral huckRround or material,
5ewcit?n_7 } xl ri►1r I iit�.:il light hwths dirutllaor li �ht. inntlfe�t in mn} tix?tue loeatetl on
the exterior of any bUilding or any Lot shall he clear, white or nun -frost lights or bulbs.
` ectitm 8. Storage Area Maintenance. The storage area shall he Ienced withopaque tracing,
nut less than six (6) r'ect in height will, no .recess to any person other than the declarant. Lot owners
and their im itcv.s all hoots, recraational cehiclm etc' -should he shall be regiatcmJ to ,I Iot mkiie.r.
ARMIL- it
Section l.. l tilit� and Urilitiaee. Easements tor installation and ilia imenance of till Iities and
drainage facilitic% are mmerved us shown on the recorded plat tint over the front and real, ton (10) Ictet
of each kit and within all conunuils watlls. W ilhin these aa5etlienls, no structure, planting or other
material shall be placed or permitted. to remain which may interfere with the installation and
niaintenance ofdrainage, or which may obstruct or retard the flow of ►cater.
;'feetlt.�,t1 �•-(''llt}`. jf4.�...��s�'. A'ti. The :1: +',(`.fatten is ht:vcbf tgtmnwd a t?cl't umotil C:Mcliloilt It)
enter any properties, including, any individually owned Lot, liir the sole p111110ae Of Ctfi'CiUMIll4
emergency repair~.
ectLotL3__ hig,tisg and tjnr: Each Prot Owner shall have an unrestricted righl of ingress
8
Book: 2818 Page, 1977-Current: 932 5eq: 8

Paps 9 of 13
and egress to their Lot. 'Phis tight shall peas and inure; to the hencfit ol'ali future Lot Owners.
§'ge Own 4. EiNroA c�nmcnt. Any and all cncFmniunents and violations of less than one
foot shall be deemed a minor violation and each Owner or the Association shall be deemed to
have granted an easement appurtenant to the violating Lot tar said encroachment.
AIt"1'lME VIII
INSURAINC L AND titJp«DS
5e iat 1_.iabilitzlnstu`anc:.. The Association sliall obtain and maintain a Comprehensive
General Liability Insurance policy covering all Common Arcs, public ways and other areas that are
under its supervision. The policy shall provide coverage of at too -it S3M.000.00 lar bodily injury and
property damage for any single occurrence. The premium t'or said policy shall be paid by the
Association.
Section 3. Fidelity Band, 1'hc Association shall have Fidelity Bonds for anyone who either
handles or is responsible fur funds held or administered by the Association, whether or not they
receive comlx*nsation Eire their aervieex. A atanagemant ag,ont that ltattdlns funds For the Association
shall be covered by its own Fidelity [fond,
Rxcept (or fidelity Bonds that a mauagcment agent obtains for its personnel. all other bonds
shall name the Association ag an obligee and their premiums shall be paid by the Association ab a
c ornmon expense.
T'he l idelity [hinds shall be in a sufficient amount to cover the aggregate of the following:
a. the nutximutn funds that will be in the custody of the Association or its
management agent at any time while the bond is in three;
b. the sutra ul'iltrer (3) months assessments of all amounts in the project; and
C. all reserve funds of the Association.
Section 4. Notig to Asssos iatign sod Morteueors. All insurance policies and bonds must
include a provision that culls for ten (10) days written notice to the Association and each holder
ora first inortgage before the bond or insurance can be canceled or substantially modified for any
Matcctn.
Isook; 2814 Poles, iM.Curr,entt $32 $Apo 9

Pago 10 of 13
AR 1_Lc.'l..l _ IN
CIFN17R:' L PROVISION
$gctioit 1...Hie !Association. orally Owner, shall have the right to entorce. by
any proceeding at law or in equity, all restrictions. conditions, cotenants, reservations, liem and
uitarges now or horealler imposad by the pryvisions u1'tliio I]cclaration. Failwe by the AawO.Ition
or b� any Owner to enforce anp covenunt or restriction herein ccmtainrei ~hall in no event be decried
a waiver of the right to do so thereafter.
y�li. lt..x ..... �Asr►!)ili ;, hlvadidation of any cn►;: of these covt:nants or restrictions by
jutlgme►lt art t;uurt otdcr shall in no way effect any other pak\ isions Which shall romaitl ill full Iureo.
and effect.
Section 3. Uacwm_iet rwailability. *I'lte Association shall have current copies of the
Declaration. By-f.;ms, and other rules concerning the project as well as its own books, records and
financial stateinents a\ ailahle For inspct:tion by Lot Uwncrs or by holders, insurers and guttrarttors of
first mortgtagei that iirc wvurcd by Lot,; and improwilieltts within 111c dOVIOpinent, l'hc:tic
documents shall be available during normal business hours and under other reasonable
circumstances.
'('here shall he an annual audited statement prepared each year with copies made available to
the Lot Owner, and ally 1lttldo', in,urer or guarantor ofarly first rnortgage that is %ecured by a I.ot
w ithin the detlot owner or holder insures or guarantees any eligible first n ongagc may
at their expense obtain an audited statement.
titction rt._ C.uittl�i nation pestruction or L.iuui_ atL'Q) L- fhe Association will be deemed to
ropresWnt the. Owncrw ill ally lol,,w s or proceeds front condemnation, destruction or liquidation oCall
or a purl of the C'artunon Areas and shall have the authority to negotiate, settle and otherwise make
agreements on behalfol'all Lot Owners and any and all stuns payable shall be distributed to the Lot
Ott ners and their rnortgalte holders. Any and all funds shall be distributed to each ofthc Lot Owners
in equal ,.hares: I lo%wvcr, all lirwt ttxtrt age holden; whall by given ten (1111 days ncttic p )i to any
dishursemcnls to the Lot Owners.
S ^t'o a. l.itnitaljon on ,'Xbility to Sell and I.ca w, No Lot Owners right to sell. convey,
translcr ur marl agc his Lot shall be restricted. t-lowever, no Lot shall he leased for less thtut thirty
10
Book: 2818 Page, 1977-Current: 932 Seq: 10

Peg• 11 of 13
00) [lays.
See:foie ta. M�trt�a� ee„ nnroval The f"HO►viti$ actions will require the prior Written
approval of at least fifty-one percent (5154) of the eligible mortgage holders: Annexation of
additional properties, other than contained herein, dedication of Conunon Area, and amendment of
this Declaration of C',ovenants, Conditions and Restrictions.
Section 7. AnicWtuant, TbQ covonanis amlivstrictionst oi'this Mclarltion xhidl run with wid
bind the land. for a term of thirty-five (35) years from the date of this Declaration is recorded, after
which time they shall be automatically extended for successive period, often (10) years. This
Declaration may be amended during the lirst twenty (20) year period by an instrument signed by not
lass than sixty, sc%en percent (67"%) oftlle l.ot Owners, and thereafter by an i istrument sighed by non
less than fifty percent (5011,6) of the Lot Owners. i lowever, the Declarant is empowrered to make such
amendments as may be necessary to comply with the Veterans Administration requirement for loan
guarantees within the properties. All material changes. including any transfer of the common area
shall require not less than 30 days advance notice as wall ail notica to ail ellgible first mortgage
holders. Any amendment must be recorded. As long as there is Class B :Membership, the Veterans
Administration andror the Federal Housing Administratiun shall have th4 right to veto amendments
to the Declaration,
Section 8. Annexation. Additional residential property. Common Area anti Conution Control
Area may be annexed to the Propartics by Declarant. Any and all additional land within the area
described in Deed Book 2630, Page 888: and Deed Book 897, Page 765 of the land records of
Onslow County. inay be annexed by the Declarant without theeonsentofnwrnhers within seven (7)
years of the date of this iastrunient, provided that the annexation Is in accord with gencral plan of
developnient and that the number of units dtoes not exceed 135 in number,
Back, Hill Page, 032 $6q, 11

Payo 11 o1 13
IN W11 W.SS �A I ILREOF, the Dee:lara: t hQreto has set their hand and seal this the
�!.., dad of I'abtuary, 1-007.
I'll"'
Man uks at
A Gn e4I 'a fits
Qy --
i�llt 4tr
;Corponue Sisal
Auest By:
Secretaryi'Axsistam Secretary
S"I ME, OF NOR I'll C• ROLINA
('01IN 1'Y Cal• ONSLOW
i. a titre I'uhlI of void <bun4y and titate. Jr hereby cerdi v that
_ perumally cam:: before me this jav and acknowledged that he is
SCCt•Clun of' t he I Iw stinks al flout Swutisbow, 1,1.,4.', a lim lvJ Ifiibilit; company, zind that by the
authority duly gil,rti and as the act uI'tlie company. the foreguing instrument was sikned in its name by its
President, settled 4Yith its curporate seal and avewd by himself as its 5ecretaty. ,
Witness my build and seal, this ,� clay oI February, 2007
N Public
Commission I:,piris:_ �19 7 — ©�
12
Book: 2818 Page, 1977-Current: 932 Seq: 12

Page 13 of 13
Exhibit "A"
Being all of 6.57 acres of that plat entitled " PCR INVESTMENTS, INC d/b/a THE HAMMOCKS AT
PORT SWANSBORO, being part of that property as per Map Book 34, page 119, Swansboro, NC,
prepared by Charles A. Rawls and Associates, dated November 15, 2005 recorded in Map Book
60, 'Page 110, Slide L-1208, Onslow County registry,
Book. 2818 Page, 1977-Current: 932 Seq: 13

Pogo i of iy
V�
#28�IA7 ill8 �91A�+�IYI�p�ftAl�
Doc ID://11110013 TYQ.: CRP
Pe Amtd';60/OOfPagi itof8i38:12 Mt
onalow CovntY. MG
parvland K. Washington Rep. of Doods
5K2818 Po982-944
STATL OI' NORTH CAROLINA
COWrY O>• ONSLO W
AUu 1 a 2020
i
BYE
DECLARATION
0V C0VLNAN'ry, coNi DITIONS AND R STRICTIONS
OF THE HAMMOCKS AT PORT' SWANSBORO 140MEOWNERS ASSOCIATION, INC.
Tl [IS DEVLARMION. made on the date hereinafter set forth by The Ilammocks at fort
Swansboro, a corporation organised under the laws of the State of North Carolina with its principal
office located in Onslow County, North Carolina, hereinafter referred to as " Declarant".
WITNESS[iTll1
WHEREAS, Declarant is the owner of certain property in Swansboro'rownship. Onslow
County, North Carolina, which is more particularly described on Exhibit "A" attached heretic and
incorporated herein by reference.
Nt)1it•', I Hl:RLVORI.. Declarant hereby declarex that an atho propartfes deNvribcd above
shall be held, sold and conveyed subject to the hallowing casements, restrictions, covenants. and
conditions, which nre ror the purpose of protecting the value and desirability of, and which shall run
with, the real property and be binding on all panics having; any right. title or interest in the described
proporties or any port thei ent; their heirs, xuccessorg elnd aAsignx utid Shall inure to did hens tit ofwell
owTter thereof.
AKUM..l l
DEFINITIONS
Section L. "Association" shall ntean and refer to I he I laininucks at Mott Swatisboro, Inc..
its successors and assigns.
5&.$ on Z, "Owner" shall mean and refer to the record owner, whether one or more
persons or entities. ofa fec simpie title to any Lot which is a pall of the properties, including contract
sellers, but e!celttdirtg those having sus h interest merely as security for the performance of an
obligation.
SNtion 1, "Properties' shall mean and refer to that certain real property hereinbefore
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Book; 2010 Page, 1977-Curront; 932 Seq; 1

Page 2 of 13
,r
cc Qu, t4, "i'Agihle First Mortgage Holder" shall mean any holder of a fits .mortga m
who tiles with the secretary of the association, notice, that they are holding a mortgage or, the lot.
S •t'o "Common Area" shall mean all real property (including the improvements
thereto) owned by the Association for the common use and enjoyment ofthe Owners.
c;�i ris "Storag%z Arca" shall mean smolt ttrca that is rctainecl by' 1?cclarartt for the
storage of boats, recreational vehicle:;, etc...
,kgtjgn 7.. "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of the Common Area.
S ..�ir�it9l1$ "licclstrant" ,hall t►tears ;trtd rider to fhe t lammocks at Dort Sw nsboro. UC,
its successors and assigns i f such successors and assigns should acquire more than one undeveloped
Lot from the Declarant for the purpose of development.
AMWEI
5g ' h _n_stt try Cvc�ry Owner shall have a right and
easement ofenjoyment in and to the Common Area which shall be appurtenant to and shall puss
with the title to every Lot, subject to the fulluwing provisions:
a. The right of the Association► to 4uspcnd the eating rights and right to use of the
recreational facilities. if any. by an O«,ter for any period during which any assessment against
Ws Lot rernains unpaid; and fora period not to exceed sixty (60) Clays for any infraction of its
published rules and regulations: and
b. The right of the Association to dedicate or transfer al i or any part of the Common
Area to any public agency. authority, or utility for such purl."es and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by two-thirds (2)3) of each class of
members and Pray-oac perectt (Si°o) of the mortgage holders has been recorded.
S'r do '. l7elygntion of Usc. Any Owner may delegate, in accordance with the By -
Laws, his right of enjoyment to the Common Area and facilities to the members of the family, his
tenant, or contract purchasers who reside on the property.
Book: 2818 Page, 1977-Current: 932 Seq: 2

Page 3 of 13
Section 3. Parking Rights. Owmership of e:Ach Lot shall entitle the Owner or Owners
thereof to the use of not less than two (2) automobile parking spaces, which shall be located near
the Lot together with the right of ingress and egress in and upon said parking area. T[w
Association shall irisurc not less than two (3) vehicle parking spaces for each dwelling.
fiction 4. C ontmon ('onttttl Are4L The association shall govern any and all repairs,
repiacenients. and waintanance of the Comnwn Control .Areas.
N9 is t1 s. In, lalattd_Maintgnance. nw Association shall maintain in an orderly
fashion All traffic islands which arc, landscaped or upon which improvement may be placed on
any road within the subdivision.
S, p�tLi�t¢._[ Kzgripntenancg; In addition to maintenance upon the Common Area, the
Association shall provide exterior maintenance upon each Lost subject to dues and assessments as
roiloww
(a) repair any lenses and gates in the common area;
(h) maintain the lawn grasses from the curh to the front fence, side yard and rear yard, to
include. but nol limited to mowing, trimming, edge, in and removal of clippings,
apply nutrients,;weed control chemicals and insect control chemicals as required:
(c) wash each house at the discretion of the Board of Directors, to prevent unsightly
appearancc;
(d) to provide general exterior maintenance to the improvements on the property, less
and except any eind all glass and doors;
(e) Provide maintenance, repair and upkeep at the expense of the owner who fails to
maintain acceptable appearance of his pmperr at the expense of the fawner; and
(f) To maintain all street.Y, frottt, side and rear lawns and drainage lines to include storm
water control lutes.
MEMBERSHIP AND VOTING RIGHTS
Section 1. lylentbershin. Every Owner of a Lot and the storage° area which is subject to
assessment shall be a member of the Association. Membership shall be appurtenance to and may not
be svrAratcd from ownership of any Lot or storage area which is subject to assessment.
Book: 2818 IA O% 197?-Cti'rertt; $32 Seq; 3

f ago A of 13
5l_Sjigft, 2. `oti11},tIZ1,�tS; 'I he Associa(ion shall have two (2) classes of voting;
membership:
The Class A members shall he all ()wmers. with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned and for the storage area. When nwrc
than one person holds an interest in any Lot or storage area, all such persons shall be members. The
vatc Ior such Lol shtlll by exercised as they cicterminc, but in no event shall more than one vote be
east with respect to any Lot.
Class B. The Class B member(s) shall he the Declarant and shall b4 entitled to
three (3) k otes tier each Lot owned. The Class 13 membership shall cease and be converted to
Class A membership on the happening of either ol'the following events, whichever occurs
earlier:
a. Within One Hundred Twenty Days (120) when the total votes outstanding in the
Class A membership is seventy-five (75"110) percent of the total votes outstanding in the Glass B
membership, or
b, On the fall[ anniversary of the conveyance of a Lot or other parcel within the
development.
ART CIS IV
COVENANT FOR MAIN1'I:dNANCE ASSUSSMEN`I'S
Sectio 1. Creation of the l�•n� end 1'4LS I (ihli xuti()p of Asysasntcnts, l'hc l)cclarant, liar
each I vt owned within the Properties and the storage area, hereby covenants, and ouch Owner of any
Lot or storage; area 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: (1) Annual assessments or charges,
and (2) Special assessments for capital improvemcnts. such assessments to be etabli-shed and
collected as hereinafter provided. The annual and special assessments, together with interest, costs
and reasonable attorney's fees, shall he a charge on the land and shall be a continuing lien upim the
property against which each such asscssincnt is [Wade. Each such assessment, together with interest,
costs and reasonable attorney'i fees, shall also he the personal obligation of the person who was the
Owner of such property at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
4
Book: 2818 Page, 1977-Current: 932 Seq: 4

Page 5 of 13
Section 2, Purpose ol-Assessments. The assessments levied by the .association shall be used
exclusively to protnow thy. recreation:, health, safety. and welfare of the residents in the Properties
and for the improvement and maintenance of ally C'orartion Area- and for the improvement and
maintenance of att) ('amnion Control Arca. In addition. suns shall be collMed and amassed to
establish a capital account for capital improvements and repairs to the propcnies:
Section 3 NiUximum Annual Assessment. I;ntil January I of tile year intrnt:diaiely
tirllowing the corncyance of the first t.ot to an CIwner, thG maxinlunl annual assessrnettt shall be
Twelve Flundmd and 00!l00 Dollar (S1200.00) per Ux or storage area and inky be paid monthly,
quarterly, semi-annually or annually as determined by the Association. However. this annual
asseasnnent fee must lie paid in advance for the final year only to the time of cloning,
a. From and alter January l of tile year immediately rollo%ing the conveyance• of the
first Lot to an Owner. the maximum annual assessment may be increased each year not more than
ten percent (I WIN) abo%c the maximum assessment for the previous year without a vote of the
ntemhership.
b. I-ront and alter ,lanuary 1 of the year immediately Hollowing the conveyance 01 the
first i,ul to an owner, the rnaxinikirn annual assc ssmettt may be increased above ten percent
(10%1 by a vote of th►o-thirds (23) of each class of inembers %kho are voting. in per -on or by
proxy. at a meeting duly tailed for this purpose.
C. Mo Board (it t)irecturs ma) lix the annual assessment at an amount not in excess
of the maximum,
e. 'oa 4. S eciul Asseg tL Ls - C'alsiial lntpru%ell r nls. In addition to the annual
assessments authorized alwve, the Association may levy, in any assessment year, a special
assessment applicable to that veal, only for the purpose ol'defraying. in whole or in pan, the cost of
►ttty constrtwtioll, rkcullstruction. repair or mplacumen(ol'a capital impruvvinunt upon the' Common
Area. including fixture, and personal propert) related theroo, ttrgjjdeti.tha[ any such assessmjnt
-hall have the assent of two thirds (25) of the votes of each class of members who are voting in
person or by proxy at a niecting duly called for this purpose.
eIon L Notice kind -Quorum for Any Action Aue�o izt: j holier ,Swigno 3_euid 4. Written
notice of any meeting culled for the purpose of taking any action authoriZtd under Section 3 or 4
5
Book; 2818 P4196, 1977-Currant; 932 $04: 5

Pago 6 of 13
shall he sent to all incrnhers not Icis than thirty ()u) [lays nor more th.tn silty (bl)) days in advancu of
the rneelinl•: Al th[: Iirt tiuch nuctinG; e;tllE[t, tht: l;resencc ufinemht;n nr c►t'pro�ies t`ntiticcl to ca.r
till) percent (50oi,) of all the wles ref each class of membership shall conslitutc a quorum. It'the
required quorun► is nut l►resent, another niceling tuay be called sub.*( to the sarne notice
requirement. and the required qunt•uni tit the suh:tequent meeting~ shall be one-half ('fz) of the
required tluoritn► at the preceding, tiwvtingl No such dul+sequertt meeting, shall he held more than
sixty (60) day. lidlowing the preceding meeting.
ticc;�it��)_fi,,.. G:nili�rttt (�.itc. ct1'�ltiscs�mcnt. Tioth annual and special assessments mull be ii�cd
at a uniform rat, Ibr all L OA and moruge area and shall be collected on a monthly basis. I lowewr,
(Iutti•iIhStundtile tl►i� %t.e ion or any tither uc:tion contained herein, Deelaranl shall be ohlibatud It'
Flay only one-Iburth 1114) of the 1-.1nilurn► Amesvneni provided the i.ot or storage area is unoccupied
.utd has scat hcen daeded bi l)aclaram to a purchaser.
Sectict�i_.7,_ c �>f (pttt t4ncrment of : m al Asae. neills i)ueDates. "fhe annual
asse"111 n11 provided for herein :shall .:unitnetice its to all Lots on file first day of 11w molilh
fuUoning the noise}ance of (lie C'onrrtu?n Are.), The: first annual asse•smeut shall he adiusted
accordingto the number of months rctnaiiting; in the calendar year. Fhe Iloard of Directors shall IN
the an►ounl of (lie annual assessment against each l.ot at. least thirty (30) days in advance of each
annual assessment period, Written, notice ot'the :mnual assestiment iliall he will It, every Owner
ul,je4t thereto. The dttedate shall h< established ll . the lie►ard ol'Direclors. The Asstx iation shall.
upon demand, and fur a reasonahle charge. Furnish a certificate sig;n[d by in ollicer of the
Association setting; lurth whether the assessments on a specified Lot have been paid. A properly
";;cuted certificate of the Association as to the status of assessments un a l.ot is binding upon the
Association as ut`thc date of it s i;sxunne4,
Suit. K:_.._I'tl'c t nj lutll,p�.nien o ` sestmenrti: Remcdietl;e sSaclattJn. Any
assessment not paid within thirty (30) days after the due date shall bear interest front the due date'it
itie rate of ten peruunt (1 U°/6) per annuni or such other rate as the Association MAY determine. The
AssuQhitiun riu* bring an action at law against tl►e owner personally obligated to pay thy .:one, or
fureclose the, lien against the property, No owner may waive or othcenvise escape liability for the
assessmenis provided for herein by non-use of the Common Area or abandonment ol'his Lot.
6
Book; 28118 Page, 1977-Current: 932 Seq: 6

Page T of 13
Section 9.Subordination of the lien to MortUaes. The lien of the assessments provided
for herein shall be subordinate to the lien of'any ftmi mortgage. Sale or transfer of any Lot shall
not alTect the assessment lien. I lowever, the sate or transfer ol'any Lot puratuuu to mortgage
I'oreclosme or any proceeding in lieu thereof. shall exiinguish the lien of such assessrttents as to
paytnents which bccamc due prior to such sale or transt4r. No lkde or transfer shall relieve such
Lot from liability for any assessments thereafter becoming due or from the lien thereof:
ARTICLE' ' V
ARC1i1TECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon
the Properties, nor shall any exterior addition to or change or alteration therein be: made until the
plans and specifiaa1kins showing the nature, kind, shape. height, materials, and location of the same
shall have been submitted to and V�provgA in writing as to hant}ony ltrextVrn;%l deailpt and I.Uc ittion
in re:lalion to surrounding structures and topography by the Board of Virectom of the Association, or
by an architectural committee composed of tim (3) or more represOnttuives appoinled by the Board.
In fhe event said Board. or it% dcsignatud committee, tails to approve or disapprove such design and
ltTl o iva wi thin thirty (30) days tiller such plans and specification have been submitted to it, approval
will not be. required and this Article will be deemed to have been fully complied with.
AB VI
USE REISMICT1ONS
Section 1. Lund Use and li ildinu Tvoe. No Lot shall be used except liar residential purposes
except in the storage area. No building, shall be erected, uttered, placed, or pertnitted to remain on
any Lot rather than one single family dwelling not to exceed three (3) stories in height, unless
approved by Declarant. Any building erected, placed or altered on any Lot shall be subject to the
provisions of'the /Itnicle: V of this lhtclaratitit, of 'ovMwits, Conditions and Restrictions relating to
architectural control
Section 2. NuisgnVs. No noxious or otTeensive activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance ur nuisance to the
neighborhood.
S,g l�q 3. 't erntx�rary Struciur y. No structure ofa lamporarycharacter, such as basement.
Book: 2818 Page,1977•Current: 932 SeA: 7

l ago ft of 13
tent. shark. garage, horn or other outbuilding -.hall be usa:d on any Lot at any time as a residence
vithcr temporarily or pt:rrttanuul',
yectiorr l�L No livestock or poultry of any kind shall lac kept or maintained on a11v
Lot or in easy dwelling oxcept that does, cats or other common hotlsl hold pets may be kept or
maintained provided that they are not kept or maintained for wraanaercial purposes and the at all
titTjQ.% not a rltlititlli" (0 other (_)w'lierh, properly let►sho;d or conifimed in an apprtal'ed Lima. No Wiwi`
animals shall be uliuwed wi(houf the prior consent of the: Declarant. I) e)arant may. at its option.
assign this right to the Association.
Se ' iut� 5rc Uuttii�i� art nos: No outside radin or fete% isicm antennas shal l by erected an ant
Lot or dwelling unit within the Properties unless and until permission For ttty same has' bceu gralalctl
by the Board of Directors of t11e Assoviation or its archilectural control Conanliltee,
SeytiLlL (a. _ 1ti`iiatlt..jy tiygLWWg�. All drapes. curtains, or other similar materials luuag_ at
windows, or in any manner so as to bt viyibi:: from the outside of and huilding3 erected upon any Lot
snail be of a while or nvutral hackeruund or material.
ti -qt url_7 I-Yfvrirlr f i t.s. All light bulb3 tar t,thcr ligfl►t: illatalltA u1 art} tixttuc Itacatkd on
the exterior afany building or any I,ot shall be clear. white or nun -frost li�!hts or bulbs.
St:ctiur► 8. Storage Aron Maintenance. "The storage area shall be fenced withopaque fencing
not less than six (6)1M in height with no access to any [w.rson other than the declarant. Lot owners
and their in%itacs all boats, reereatior.al %chiclvs, etc. -.should he ~hall he rvgiswred to a Iw owner;
FAST-A4RNTS
�'cetion ll. _.L_ltfhty:.�►n�Urailaitl. }itts,:ments tiarinsutllatitlntoad maintettttnce nt utililiesand
drainage facilities arty reservco as shown on the recorded plan +aid taxer the trout and rear ton (10) fiat
of each lot and within all commons walls. Within these ea%enaents, no structure, planting, or other
material shall be plaved or permitted, to remain which may interfere with the installation and
maintenance of drainage. or which may obstruct or retard the Dow of water.
Thv Association i:s 1wrebN gratu4cl a p%=titwat owwwont it,
enter any properties. including; any individually owned Lot, liar life yule purpose of effmivatin
emergency repairs.
5ectit�n_3,_ tn}yl2 sand Dress Fach Lot Owner .hall have an unrestricted right of ingress
8
Book: 2818 Page, 1977•Current: 932 Seq: 8

Page 8 or 13
and egress to their Lot. This right shall pass anti inure to the benefit ol'ali future Lot Owners.
agction 4, Enc�,Ighmcnt. Any and all encroachrnents and violations of less than one
foot shall be deerned a minor violation and each Owner or the Association shall be deemed to
have granted an easement appurtenant to the violating Lot for said encroachment.
AR7.'I4`I Vie
INSLIKANC E ANU HONIM
8-mlion la l_iabilt; lx Ins urance. The Association .-shall obtain and maintain a Comprehensive
General Liabillty Insurance policy covering all Comment Ares, public ways and other areas that are
under its supervision. 'Mc policy shall provide coverage of at least $300.000,00 l'or bodily injury and
property damage for any single occurrence. 'The premium For said policy shall `be paid by the
Association.
Section 3. Fidelity Bond, 1'he Association shall have Fidelity Bonds for anyone who either
handles or is responsibic for funds held or administered by the Association, whether or not they
raceive cotmxnsation for their setvicett. A management agent that handles funds for tile Asstloiatlon
shall be covvred by its own Fidelity Dona,
Except liar Fidelity Bonds that a manactement agent obtains for its per,onnel, all other bonds
shall name the Association as an obligee and their premiums shall be paid by the Association as a
common expanse.
T'he Fidelity Bonds shall be in a sufficient amount to cover the aggregate of the following:
.t. Utc nraximutrr funds that will be in the custody of the Association or its
management agent at any time while the bond is in force;
b. the sutra ol'tltrce (3) months assessments of all amounts in the project; and
C. all mservo funds of the Association.
Sectign 4 Ngti a to AsIggiatjQn and Mortgggors All insurance policies and bonds must
include a provision that calls for ten (10) days written notice to the Association and each holder
of first mortgage before the bond or insurance can be canceled or substantially modified li)r any
reaaor►.
1169lt; 2119$ Page,19MCUrrentt 832 Sm. 9

Pape 16 of 13
w
_�l-.I..L�.1.1-IN'
GUNI RAL 11Itt)b'ISION
$, cij«gq I1,lttiifc�mcnl. l'hc Association, or any Owner, shall Parr fife right to enli?rcc, by
any proceeding at lawv or in equity. all restrictions, conditions, cot enants, reservations, liens and
charges now OF hattaltiur iftipo+ud by situ ili`M lions t 'this J)"J.1rution. I-*ailuee by the Association
or b) an)' 0%N ner to enforce any covenant or restriction heroin contained shall in no event he deemed
a waiver of the right to do sly thereafter.
yeti,gtaInvalidation of an) oue cal' these covenants or restrictions by
judgment or eourl otdcr :shall in fit-, way errcct holy other provisions which shall terrain if. full ft)t'ee.`
and effect.
Sectiuu ,3 Do-miaent Availability The Association shall have current copies of floe
Declaration. fly-I.ae%s. and other rules concerning the prnjt;ct as well as ifs town books, records and
►financial statetticttts avallahtc for inspection by Lot Ch%nim, kir by htdd;:fs, in turons and guarantors ol`
first morjggcs that are wcured l,v Vots and improvertl nts within the development, Thew
documents shall be available during normal business hours and under other reasonable
circumstances.
There ,hall bean annual audited statement prepared each year with copies made available to
file i.,ot Owner. and uny hold4r. insurer or guartuttor of am• lirwl mortgage that is secured by a Lot
tt Milt tilt: dcvtaupmunt any lot owner or holder insures or guarantees any Cligible first ttloligage may
at their expense obtain an auditt:d statement.
ti; eglign ,l;und tti�> �n Destruction or l.iouidulicLnL Hie Association will be deemed w
repro: ul life Owners in any loaves fir proceeds from eonllentnatitm. destruction or liquidation ol'all
or a part of the Conunon Areas and shall have the authority to negotiate, settle and otherwise make
agreements on behalful'all Lot Owners and any and all sums payable shall be distributed io the Lot
Ortiners and their rnortgage holders. Any and all funds shall be distributed to each of the Lot Owners
in equal tinre", I luwevt-r, toll tir+t tt►utagagc holders liftoff he ltivcn ten 110) days nc?ti+e pricer to ton>
disbursements to the Lot Owners.
Section 5. t intitt;jinn on Ahilh to Seh and .cast , No Lot Owners right to sell, convey,
tr,lnsti r ur tnurtgabc Iris Lot shall be restricted. However, no I.ot shall he leased for less than thirty
IE
Book: 2818 Page, 1977-Current: 932 Seq: 10

Page 11 of 13
(30) days,
4ectioat M�irtctaee, , , �I The rollo ins actions will require tW prior written
approval of at least fifty-one percent (51%) of the eligible mortgage holders: Annexation of
additional properties, other than contained herein, dedication of Common Area, and amendment of
this Declaration of Covenants, Conditions and Restrictions.
Scutign 7. Amendment. 1'hv covvnawa and tvatricticorw ol'this Declaration ahttu run with 'and
hind the land, for a terns of thirty-five (35) years from the date of this Declaration is recorded, after
which time they shalt be automatically extended for successive periods of ton (10) years. This
Declaration may beamended mended during the first twenty CN) year period. by an instrument signed by not
less than sixty seen percent (67'" e) of the (,cat Owners, and thcrcafter by an iat;trwlrerat tiigaaril by trot
less than tiny percent (501,14j) of the Lot Owners. I lowever, the Declarant is empowered to make such
arnendtnents as may be necessary to comply with the Veti-Tans Administration requirement for loan
guarantees within the properties. All material changes. including any tr,anstcr of the common area
shall require not loss than 30 days advance notice as well us notice W all eligible first mortgage
holders. Any amendment must be recorded, As long as there is Class B Membership, the Veterans
Administration and/or the rederal Mousing Administration ~hall havr the right to veto amendments
to the Declaration,
Section S. Annexation. Additional residential property, Common Area and Common Control
Area may be: annexed to the Properties by Declarant. Any quid all additional land within the area
described in Deed Look 2630, Page 888. and Deed Book 897, Page 765 of the land records of
Onslow County. may be annexed by the Declarant without the consent of members within seven (7)
years of the date of this instrument, provided that the anuiexation Is in accord with general plan of
development and that the nunther of units d4vs not exceed 135 in nturkwr,
Book: 2018 Paso,101r7.Curfontt 032 situps 11

11ago tY n1 13
IN WI'1 NI MS WI IFRU'A)F, Ilia Ucelara:u hereto hus set their hand and seal this the
1 t�... day of l cbruary. ^llt)7,
The Hupfligas at
A lit 0 -d 'tt li1v
lial' er
i (-11-1':1tC SC:lI
Atlest By:
Secretary+Assistatu Secretary
STATI-; OF NOR III C'.1Rt HNA
COUN TY (W ONSl.(:)W
tpr Puhlic of ,aid <'uuntti and State, do hereby certify that
peru)naH)- came Wr ore me this Jay' and acknowledged that he is
ticcretury ul` i he 11;u necks at Volt Swansbun), J.l,t'.:t I11.111 J liability c`.on+pclny, dtul dial by the.
authority duly given and a&% the act ol'the company, the foregoing instrument was signed in its name by its
Presideni, seaied with Its corporate seal and attested by himself as its Sccretat•y. ,
Witness "IV hulld and ,cal. this d,+y of February: Zt1A7
iblnmission Espires:. T/ �- t9 i ^ C> 7
12
Book: 2818 Page, 1977-Current: 932 Seq: 12

Page 13 of 13
Exhibit "A"
Being all of 6.37 acres of that plat entitled `+ PCR INVESTMENTS, INC d/bla THE HAMMOCKS AT
PORT SWANSBORO, being part of that property as per Map Book 34, page 119, Swansboro, NC,
prepared by Charles A. Rawls and Associates, dated November 15, 2005 recorded In Map Book
$0, Page 1 % Slide 1.4308, Onslow County registry.
Book. 2818 Page, 1977-Current: 932 Seq, 13