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HomeMy WebLinkAboutSW8971225_HISTORICAL FILE_20081219 (3)STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 ct-11225 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Z00%121q YYYYMMDD � -i Janauary 15, 2009 Beverly Haves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleco 11. Sullins, P.E. Director Division of Water Quality Walter Pancoe, President 2200 Wrightsville Owners Assoc - c/o Caper Corporation 1901 Kent Street, Suite E Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 971225MOD 2200 Wrightsville Owners Association (former Wrightsville Office Park) High Density Project New Hanover, County Dear Mr. Pancoe: On December 19, 2008 the Wilmington Regional Office issued a renewal permit and transfer of ownership for Stormwater Permit # SW8 971225MOD. Page 2 of the State Stormwater Management Permit incorrectly listed The Caper Corporation as the permittee. Please replace page 2 of the permit with the attached corrected page 2. Please be aware that all other terms and conditions of the permit issued on December 19, 2008, remain in full force and effect. If you have any questions concerning this matter, please do not hesitate to call Angela Hammers or me at (910) 796-7215. Sincerely, Geogette Scott Stormwater Supervisor Division of Water Quality GS/akh: S:\WQS\STORMWAT\PERMIT\971225MODcor.dec08 cc: Norris, Kuske & Tunstall Beth E. Wetherill, New Hanover County Engineering Angela Hammers CWilmi ngton-Regiona I -Office. Central Files N_o�`nCuolina North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterguahtv.org Fax (910)350-2004 1-977-623-6748 An Equal OpportunitylAftirmative Action Employer— 50%Recycled110% Post Consumer Paper \NA Fq December 19, 2008 Walter Pancoe, President 2200 Wrightsville Owners Assoc. c/o Caper Corporation 1901 Kent Street, Suite E Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 971225MOD Wrightsville Office Park High Density Project New Hanover, County Dear Mr. Pancoe: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleco 11. Sullins Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Wrightsville Office Park on December 4, 2008. 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 971225MOD dated December 19, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until October 23, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system 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 upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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 Angela Hammers, or me at (910) 796-7215. Sincerely, �,� Geogette Scott Stormwater Supervisor Division of Water Quality GS/akh: S:\WQS\STORMWAT\PERMI'R971225MOD.dec08 cc: Norris, Kuske & Tunstall City of Wilmington Stormwater Services Beth E. Wetherill, New Hanover County Engineering Angela Hammers Wilmington Regional Office Central Files NehCarolina AV&rally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: w vw.newatemualitv.urn Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 971225MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT 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 Walter Pancoe, President & 2200 Wrightsville Owners Association 2200 Wrightsville Owners Association New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and 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. This permit shall be effective from the date of issuance until October 23, 2016, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 92,173.6 square feet of impervious area. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the - approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 971225MOD 0 The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft : Offsite, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL j. Controlling Orifice: k. Permitted Forebay Volume, ft3: I. Receiving Stream/River Basin: M. Stream Index Number: n. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 3.94 83,526.3 8,647.3 92,173.6 1 7.5 90% 21 5,600 17,744 22.5 1"0 pipe 3,899 Mineral Springs Branch / Cape Fear 18-74-63-2-1 "C Sw" 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowin.Q and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 971225MOD 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 1 /2 horsepower. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. 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 any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 971225MOD 13. 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 This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 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. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. 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. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 19t' day of December, 2008. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Systems Permit No. SW8 971225mod Wrightsville Office Park Stormwater Permit No. SW8 971225mod New Hanover County Designer's Certification 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. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No. SW8 971225mod Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. A Trash Rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections Page 7 of 7 Amac, Micbnei P. Lnsley. Governor Wilion, G. doss h., Sccrelmp Colecn 11.'Sullinc Dimclor p Y Division of W mar QmGry WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: SW8971225MOD 2. Permit Holder's Name: The Caper Corporation 3. Signing official's Name: Walter Pancoe Title: President (person legally responsible for permit) 4. Mailing Address: 1901 Kent street Suite E City: Wilmington State: NC Zip: 28403 Phone: (910 343-0029 Fax: ( 1 II, NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) Name change of project (Please complete Item #5 below) Mailing address change. (Please complete Item #4 below) Other (please explain): 2. New owner's name to be put on permit: 2200 Wrightsville Owners Assoc. 3 4. 5. New owner's signing official's name and title: Walter Pancoe Title: President New Mailing Address: c/o Caper Corporation, 1901 Kent Street, Suite E City: Wilmington State: NC Zip:28403 Phone: (910 343-0029 New Project Name to be placed on permit: 2200 Wrightsville Owners Assoc, Ownership/Name Change-060600 Page 1 of 3 PERMIT NAME/OWNERSHIP CHANGE FORM . . QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: 1 Walter Pancoe attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete, ror G PCR CoRt` 1(V7kr-x t - Signature: ����pp Date%: �� ✓� O New Applicant's ertification: b e IM,st6for, tr-, srersof ownership) 1, waiter Pancoe , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. �{Tsl/rLLE 6L�1NEyQ5 yzoo Ul/L/ . � ///S/� �:........,.,.. � 2� Harp• n ... Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-0e0606 Page 2 of 3 BLOCK, CROUCH, KEETER, BERM & ATTORNEYS AND COUNSELORS AT LAW POST OFFICE BOX 4 WILMINGTON, NORTH CAROLINA 28402 FRANKLIN L. BLOCK (RETIRED) AULEY M. CROUCH, III JEFFREV P. KEETER CHRISTOPHER IC BEHM LINDA B. SAYED* SUMIT K..IAIN EMILY A. MCNAMARA *Board Certified Family Law Specialist December 3, 2008 SAYED, L.L.P. 310 NORTH FRONT STREET SUITE 200 TELEPHONE 910 763-2727 TELECOPIER 910 762-6429 www.bcklawfirm.com RECI✓IVE;D Division of Water Quality DEC 0 4 2008 Wilmington Regional Office $Y: 127 Cardinal Drive Extension Wilmington, NC 28405-2845 89�'la� Re: Transfer of Stormwater Permit Number SW—QRl2i5 OD Dear Sir or Madam: Please find the attached Coastal Stormwater Permit Ownership Change Form. Our client's intent is to transfer the above referenced Stormwater Permit from Caper Corporation and into the name of 2200 Wrightsville Owners Assoc., the condominium association related to this development. Please note that Page 1 of Exhibit "C" of the Third Amendment to the Declaration of Condominium for 2200 Wrightsville Office Park, which is recorded in Book 5233 at Page 2758 of the New Hanover County Registry, shows the crosshatched stormwater area marked as "General Common Areas," thus evidencing the transfer of ownership from Caper Corporation to 2200 Wrightsville Owners Assoc. For purposes of the Operating and Maintenance Agreement, please be advised that 2200 Wrightsville Owners Assoc. is a condominium association and not a homeowners association. Hopefully, this transmittal includes all the paperwork necessary to effectuate the transfer, but please let me know what other information, if any, you may need to expedite this request. Thanks for your help. Sincerel , c� Sumit K. Jai Enclosures \01 W STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER FOR REG'ST...r'" REG1sTER OF DEEDS NE4RNRNOVER RCOUNTYN NC 8K:5133 07 PG.1768-2776 FEE; PM $ 66.OD INS iRANI 11007041000 THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM, .2200 WRIGHTSVILLE OFFICE PARK (a Condominium) RECORDED IN BOOK 2406 AT PAGE 951 OF THE NEW HANOVER COUNTY REGISTRY (the "Supplemental Declaration, Phase 4") THIS SUPPLEMENTAL DECLARATION, made this 21P 2 2007 by The Caper Corporation, a Florida corporation authorized to transact business in NortCaro ilia, hereinafter referred to as "DECLARANT'; WITNESSETH: THAT, WHEREAS, 1900 Limited Partnership, a North Carolina limited partnership (hereinafter referred to as the "Partnership") has heretofore caused to be recorded a certain Declaration of Condominium of 2200 Wrightsville Office Park, a Condominium, in Book 2406 at Page 951 of the New Hanover County Registry, and re -recorded in Book 2470 at Page 373 of the New Hanover County Registry (the "DECLARATION'); and, WHEREAS, the Partnership also caused to be recorded a certain First Amendment to Declaration of Condominium, 2200 Wrightsville Office Park (a Condominium) in Book 2785 at Page 147 of the New Hanover County Registry, a Correction of First Amendment to Declaration of Condominium, 2200 Wrightsville Office Park (a Condominium) in Book 2837 at Page 39 of the New Hanover County Registry ("SUPPLEMENTAL DECLARATION, PHASE 2"), and a certain Second Amendment to Declaration of Condominium, 2200 Wrightsville Office Park (a Condominium) in Book 4703 at Page 1 of the New Hanover County Registry ("SUPPLEMENTAL DECLARATION, PHASE 3"); and, WHEREAS, the Partnership reserved unto itself, in Section 6.1 and Section 13.7 of the DECLARATION, the right to develop additional properties which were identified on the plats and plans of the condominium recorded in Condominium Plat Book 1 I Page 171-173 of the New Hanover County Registry and to add additional units to the Condominium, and to Amend the DECLARATION to annex said additional units and property to the Condominium: and, REMANTO B lo�l� Cam, t� WHEREAS, pursuant to that certain"Assignment of Development Rights for 2200 Wrightsville Office Park," dated the 2nd day of March 2005, and recorded in the Register of Deeds of New Hanover County on the 7th day of March 2005 in Book 4702 at Page 989, the Partnership assigned and set over, unto DECLARANT, all of the Partnership's rights, title, interests, powers and authorities, together with any and all of the Partnership's responsibilities, duties, liabilities and obligations as described and set forth in the DECLARATION, the SUPPLEMENTAL DECLARAITON, PHASE 2, and, in the SUPPLEMENTAL DECLARATION; PHASE 3, and in any subsequent amendments thereto; and, WHEREAS, the DECLARANT is the owner of that certain tract or parcel of land located in Wilmington, New Hanover County, North Carolina, described in Exhibit "A" attached hereto and incorporated herein fully by reference, which'is a portion of the real property described in and depicted ' upon the condominium plat recorded in Condominium Plat Book 12 Page 111 as "Future Development Need Not Be Built"; and, WHEREAS, consistent with the DECLARATION and "Assignment of Development Rights" referenced hereinabove, the DECLARANT has improved the property described in Exhibit "A" by constructing a Building thereupon and intends to divide the building into seven (7) condominium units as defined in the provisions of the North Carolina Condominium Act, N.C.G.S. §47C (herein referred to as . the "Act") and to sell and convey those units to purchasers subject to the covenants, conditions, restrictions, limitations and obligations contained in the DECLARATION, as the same has been amended by the SUPPLEMENTAL DECLARATION, PHASE 2, the SUPPLEMENTAL DECLARATION, PHASE 3, and by this SUPPLEMENTAL DECLARATION, PHASE 4; and, WHEREAS, it is the desire and intention of the DECLARANT by the recordation of this SUPPLEMENTAL DECLARATION, PHASE 4, in the office of the Register of Deeds of New Hanover County, North Carolina, to submit all of the real property and improvements thereto, described in Exhibit "A" attached hereto, and shown upon the survey attached hereto as Exhibit "C, Page I of 4" to the provisions of the Act and specifically to the provisions of the above -referenced DECLARATION and, further, to designate that property as 2200 Wrightsville Office Park, Phase 4. NOW, THEREFORE, THE DECLARANT DOES HEREBY DECLARE THAT ALL OF THE, REAL PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF B17 REFERENCE, AS WELL AS ALL OF THE IMPROVEMENTS CONSTRUCTED THEREON, IS HELD AND SHALL BE HELD, CONVEYED, HYPOTHECATED, ENCUMBERED, USED, OCCUPIED AND IMPROVED SUBJECT TO THE DECLARATION OF 2200 WRIGHTSVILLE OFFICE PARK, a Condominium, THE SUPPLEMENTAL DECLARATION, PHASE 2, THE SUPPLEMENTAL DECLARATION, PHASE 3, AND FURTHER, TO THE FOLLOWING AMENDMENT, SUPPLEMENTAL DECLARATION, PHASE 4, ALL OF WHICH ARE DECLARED TO BE IN FURTHERANCE OF A PLAN FOR THE IMPROVEMENT OF SAID PROPERTY AND THE DIVISION THEREOF INTO CONDOMINIUM UNITS AND SHALL BE DEEMED TO RUN WITH THE LAND AND SHALL BE A BURDEN AND A BENEFIT TO THE DECLARANT, ITS SUCCESSORS AND ASSIGNS, AND ANY PERSON OR ENTITY ACQUIRING OR OWNING AN INTEREST IN THE REAL PROPERTY AND THE IMPROVEMENTS, OR ANY SUBDIVISION THEREOF, THEIR GRANTEES, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES AND ASSIGNS. ARTICLE 1 Submission: Definitions -Section 1.1 Subnussion of Property. Pursuant to the provisions of Chapter 47C of the North Carolina General Statutes, the DECLARANT does hereby submit all of the real property described in Exhibit "A," attached hereto and made a pail hereof by reference, together with all improvements thereon and described.herein,.to the provisions of the North Carolina Condominium Act, which is codified as Chapter 47C.of the General Statutes of the State of North Carolina. Said property is also depicted with diagonal. hashing on that survey attached hereto as Exhibit "C, Page I of 4" attached hereto and incorporated herein by reference. hi furtherance thereof, DECLARANT declares and affirms that the real property described in Exhibit "A" attached hereto, is a portion of the real property described in Condominium Plat Book 12 Page 111 in the Office of the Register of Deeds of New Hanover County, North Carolina and, therefore, by virtue of the exclusive right and option belonging to the DECLARANT, as reserved to it in Article 6 of the DECLARATION, the DECLARANT further declares that all of the, real property described in Exhibit "A", attached hereto and made a part hereof by reference, as well as all of the improvements constructed thereon, is hereby subjected to and henceforth shall .be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to each and every provision of that recorded DECLARATION referred to hereinabove and all amendments and supplements thereto, except as those provisions are altered, amended or changed for this submission as set forth herembelow. DECLARANT hereby sets forth those provisions of said recorded DECLARATION, which are amended hereby, and incorporates by reference those provisions which are not amended hereby. Section 1.2 Definitions. Definitions for the terms used in this SUPPLEMENTAL DECLARATION, PHASE 4, in the DECLARATION (recorded in Book 2406 at Page 951 and re -recorded in Book 2420 at Page 373), in the SUPPLEMENTAL DECLARATION, PHASE 2 (recorded in Book 2785 at Page 147, and in Book 2837 at Page 39) and in the SUPPLEMENTAL DECLARATION, PHASE 3 (recorded in Book 4703 at Page 1, as they are applicable to this submission of real property, shall be as follows: 1. The terms Association By -Laws Common Elements, Common Expenses Development Rights Declarant Control Period Director Eligible Mortgagee, Executive Board, Improvements, . Offering Statement Security Interest Special Declarant Rights Trustee and Unit Owner, are defined in. Article 1. of the DECLARATION referred to hereinabove, and said definitions are incorporated herein by reference. 2. The term "DECLARANT" means THE CAPER CORPORATION or its successor as defined in Section 47C-1-103(9) of the Condominium Act. 3. The tern "Condominium Documents" means the DECLARATION, the SUPPLEMENTAL DECLARATION, PHASE 2, the SUPPLEMENTAL DECLARATION, PHASE 3, this SUPPLEMENTAL DECLARATION, PHASE 4, the plats and plans recorded and filed pursuant to the provisions of the Condominium Act, the Bylaws, and the Rules and Regulations as they may be adopted and. amended from time -to -time. Any exhibit, schedule, or a certification accompanying a Condominium document is a part of that Condominium document. 4. The term "Plats and Plans" shall include Exhibit "C" attached hereto which consists,of the survey of common areas and plans of the Condominium as prepared by Bob M. Jones, Jr., PLS, and Bruce F. Bowman, A14 which are also recorded under the name of the Condominium in the New Hanover County Registry; in Condominium Plat Book �_, Page 111' i Z . 5. The term "Progertx meansthe land, all improvements, easements, rights, and appurtenances, which have been submitted to the provisions of the Condominium Act by the DECLARATION, .: the SUPPLEMENTAL DFCLARATION, PHASE 2, the SUPPLEMENTAL DECLARATION, PHASE 3 and by this SUPPLEMENTAL DECLARATION, PHASE 4. 1. 6. The term "Allocated Interests" means the undivided interest in the Common Elements and Common Expense liability, and votes.in the Association, allocated to Units in the Condominium as described .in Article 7 of the DECLARATION and shown on Exhibit "B" attached to this SUPPLEMENTAL DECLARATION, PHASE 4. 7. The term "Condominium' shall mean and refer to all of the real property described in Exhibit "A" to the DECLARATION, Exhibit "A" to the SUPPLEMENTAL DECLARATION, PHASE 2, Exhibit "A" to the SUPPLEMENTAL DECLARATION, PHASE 3 and EXHIBIT "A" attached hereto. The composite of the "Condominium" is depicted on the Condominium Plat recorded in Condominium Plat Book Page ►(pq nlof the New Hanover County Registry. 8. The term "Unit" means a physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are described in Section 2.2. of the DECLARATION and as depicted on the plats and plans of the Condominium attached as an Exhibit to the DECLARATION, to the SUPPLEMENTAL DECLARATION, PHASE 2, to the SUPPLEMENTAL DECLARATION, PHASE 3, and to this SUPPLEMENTAL DECLARATION, PHASE 4, 9. The definitions for the terms "Rules and Reuulations" were amended in the SUPPLEMENTAL DECLARATION, PHASE 2, and the definitions stated therein are incorporated herein fully by reference. 10.. The term "Limited Common Elements" as the same relate to Phase 4 (and which shall be called "Phase 4 Limited Common Elements"), shall be defined as such part of the building comprising the Phase 4 development that is marked as Limited Common Elements and Limited Common Chase Space in the plats and plans attached hereto as Exhibit "C", including but not limited to all lobby areas of the building, the stairwell and the elevator. Further, Limited Common Elements appurtenant to a particular unit shall include all utility pipes, lines, conduits and the like (which shall herein be termed "Utility Lines"), from the point that such Utility Lines leave a common supply source for the Phase 4 building whether or not the same is within the boundaries of the Unit which such Utility Lines serve. 11. The term "Phase 4 Limited Common Element Expense" shall mean any costs or expenses, incurred or funded for the upkeep, maintenance, management, repair, replacement, insuring, cleaning or janitorial services of or for the Phase 4 Limited Common Elements. Such Phase 4 Limited Common Element Expenses shall be allocated only to the Owners of Units in Phase 4 of 2200 Wrightsville Office Park in proportion to the total square footage of each Unit in the Building when compared to the total square footage for the Phase 4 building, as set forth on Exhibit "B" attached hereto. Such Phase 4 Limited Common Element Expense shall be billed by the Association to such Phase 4 Unit Owners as a regular common expense over and above the Common Expenses attributable to the Common Elements of,2200 Wrightsville Office.Park. Such Phase 4.Limited Common Element. Expense shall,be, enforceable and enforced against Phase 4 Unit Owners as a Common Expense by the Association as those enforcement rights are further set forth in the Declaration. ARTICLE 2 Maximum Number of Units: Boundaries Section 1.1 Boundaries. Boundaries of each Unit created by this Declaration are shown on the Plats and Plans as numbered Units with their identifying number and are described as follows: (a). Upper Boundary: For second floor units the upper boundary shall be the horizontal or sloping plane or planes of the unfinished lower surfaces of the ceiling or roof, as the case may be, bearing structure surfaces, beams, and rafters, extended to an intersection with the vertical perimeter boundaries; and for first floor units the upper boundary shall be the horizontal plane or planes of the unfinished lower surfaces of the drop ceiling extended to an intersection with the vertical perimeter boundaries. Section 2.1 Maximum Number of Units. The Condominium, as supplemented hereby, shall consist of 20 units. Those units are as depicted on the Condominium Plats recorded in Condominium Plat Book 11, Pages 171-173, Condominium Plat Book 12, Pages 111-114, Condominium Plat Book 14, Pages 147-153 and Condominium Plat Book 1]_, Pages ) L. $' I'7 Z of the New Hanover County Registry. The Units shall bear the same unit designation, which shall be the legal description of same, as set forth on the plats. DECLARANT reserves the right, in its sole discretion, to relocate boundaries or subdivide units, as shown on the recorded plats, that are being added to the Condominium by this SUPPLEMENTAL DECLARATION, PHASE 4, so long as such relocation or subdivision occurs either prior. to the conveyance of the units affected by the relocation or subdivision, or with the consent and acquiescence of the owners thereof. This reservation of rights in the DECLARANT is specifically intended to allow and provide full authority for DECLARANT to create additional units within the existing building being added to the Condominium by this SUPPLEMENTAL DECLARATION, PHASE 4. Should DECLARANT elect to relocate the boundaries between units, or subdivide units as provided herein; DECLARANT shall cause revised plats and an amendment to the DECLARATION to be prepared and recorded in the records of the New Hanover County Register of Deeds. DECLARANT reserves the right to create up to a total of forty (40) Units. The DECLARANT, by this SUPPLEMENTAL DECLARATION, PHASE 4, submits only the real property described in Exhibit "A", attached hereto, together with the improvements thereon, to the Act, and hereinafler this submission shall be referred to as 2200 WRIGHTSVILLE OFFICE PARK, PHASE 4. „ ARTICLE 3 - Limited Common Elements In addition to those Limited Common Elements identified in the DECLARATION,.and specifically those, identified in Article 3 of the DECLARATION; and to those Limited Common Elements identified in the SUPPLEMENTAL DECLARATION, PHASE 2; and to those .Limited Common Elements identified in the SUPPLEMENTAL DECLARATION, PHASE 3,and further, the term Limited Common Elements as the same relate to Phase 4 (and which shall be called "Phase 4 Limited Common Elements"), shall mean such part of the building comprising the Phase 4 development that is marked as. Limited Common Elements and Limited Common Chase Space in the Plats and Plans attached hereto as Exhibit "C”, including but not limited to all lobby arens of the building, the stairwelland the elevator. Further, Limited Common Elements appurtenant to a particular unit shall include all utility pipes, lines, conduits and the like (which shall herein be termed "Utility Lines"), from the point that such Utility Lines leave a common supply source for the Phase 4 building whether or not the same is within the boundaries of the Unit which such Utility Lines serve. "Phase 4 Limited Common Element Expense" shall mean any costs or expenses, incurred or funded for the upkeep, maintenance, management, repair, replacement, insuring, cleaning or janitorial services of or for the Phase 4 Limited Common Elements. Such Phase 4 Limited Common Element Expenses shall be allocated only to the Owners of Units in Phase 4 of 2200 Wrightsville Office Park in proportion to the total square footage of each Unit in the Building when compared to the total square footage for the Phase 4 building, as such allocation is set forth on Exhibit "B". Such Phase 4 Limited Common Element Expense shall be billed by the Association to such Phase 4 Unit Owners as a regular common expense over and above the Common Expenses attributable to the Common Elements of 2200 Wrightsville Office Park. Such Phase 4 Limited Common Element Expense shall be enforceable and enforced against Phase 4 Unit Owners as a Common Expense by the Association as those enforcement rights are further set forth in the Declaration. ARTICLE 6 DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS Section 6.2 Limitations on Development Rights. (a) Not more than 20 additional Units may be created under the Development Rights; ARTICLE 7 Allocated Interests Section 7.1 Allocation of Interests. The table showing Unit numbers and their Allocated Interests is hereto attached as Exhibit "B" and is incorporated herein by reference. These interests have been allocated in accordance with the formula set out in Section 7.2 of the DECLARATION. The said formulas shall be used in reallocating interests if Units are added to the Condominium. Section 7.2 Formulas for the Allocation of Interests. :(c) Votes. Each .Unit in .the. Condominium shall have one weighted vote,* . Association matters. The vote attributable to each such Unit shall be stated as a,... -. percentage and.shall -be the same as the allocated percentage ownership interest in , Common Elements attributable to each such Unit as set forth in Exhibit 'B" attached . hereto.' ARTICLE 17 Assessment and Collection of Common Expenses Section 17.1 Apportionment of common Expenses. Except as provided in Section 17.2, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Exhibit `B" to this SUPPLEMENTAL DECLARATION, PHASE 4. Except as modified. by this SUPPLEMENTAL DECLARATION, PHASE 4, ell provisions of the original DECLARATION, as modified by SUPPLEMENTAL DECLARATION, PHASE 2 and as modified by SUPPLEMENTAL DECLARATION, PHASE 3 are adopted in their entirety and incorporated herein fully by reference. IN WITNESS WHEREOF, the DECLARANT has caused this SUPPLEMENTAL DECLARATION, PHASE 4, to be signed in its Corporate name by its President, and sealed and attested by it �` st n A tary, with authority of its Board of Directors, the day and year first above written. VPQ' THE CAPER CORPORATION w: SE. /1L A Florida Corporation OlRN SE. .4L"F;- BY: y i II 1� n Waiter Panc e,President ATTEST: Assistant 7 STATE OF NORTH CAROLINA COUNTY OF d I Notary Public of the County and State aforesaid, certfy,that Jeffrey P. Keeter personally :came befo e.me this day and acknowledged that he is Asst. Secretary of The CAPER CORPORATION, a Florida Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with.its,.corporate seal and attested by him as its Asst. Secretary. Witness my hand and official stamp or seal, this 'g/ � f September 2007 OTAR PUBLIC MyConunissionExpires: ��� $fEPHWE B. G"AWAY: Nobuy Publlc Brut aft County, North Carolina EXHIBIT "A" 2200 WRIGHTSVILLE OFFICE PARK CONDOMINIUMS PHASE 4 Being that tract of.land located in the City of Wilmington; Wilmington Township, New Hanover County, North Carolina and being described as follows: Beginning at an iron rod in the southern right of way line of Wrightsville Avenue (70' public right.of way), said iron pipe being located North 76 degrees 23 minutes 00 seconds West — 303.33' from an iron pipe at the intersection of the southern right of way line of Wrightsville Avenue and the western right of way line of the CSX Railroad (63' right of way), and runs thence with the line of Phase 1 of 2200 Wrightsville Office Park (Condo Book 11, Page 171-173), South 13 degrees 37 minutes 00 seconds West — 101.82' to an iron pipe; thence with the northern line of Phase 2 of 2200 Wrightsville Office Park (Condo Book 12, Pages 54.56), North 76 degrees 13 minutes 57 seconds West — 222.3l' to a point; thence continued with the line of Phase 2, 2200 Wrightsville Office Park, as it curves to the right, a chord bearing and distance of South 31 degrees 38 minutes 12 seconds West — 19.48', said.curve having a radius of 41.13'; thence with a curve to the left, a chord bearing and distance of South 39 degrees 05 minutes 17 seconds West — 16.04', said curve having a radius of 73.87'; thence with a curve to the left, a chord bearing and distance of South 26 degrees 12 minutes 50 seconds West — 12.31', said curve having a radius of 53.22'; thence with a curve to the left, a chord bearing and distance of South 15 degrees 01 minutes 10 seconds West — 15.49', said curve having a radius of 97.56'; thence with a curve to the right, a chord bearing and distance of South 10 degrees 57 minutes 24 seconds West — 20.63', said curve having a radius of 1202.39'; thence with a curve to the right, a chord bearing and distance of South 14 degrees 32 minutes 13 seconds West — 17.20', said curve having a radius of 159.62'; thence with a curve to the right, a chord bearing and distance of South 25 degrees 45 minutes 22 seconds West — 17.40', said curve having a radius of 61.53'; thence with a curve to the right, a chord bearing and distance of South 42 degrees 54 minutes 16 seconds West — 9.61', said curve having a radius of 30.66'; thence with a curve to the right, a chord bearing and distance of South 58 degrees 38 minutes 49 seconds West — 16.24', said curve having a radius of 69.35'; thence with a curve to the right, a chord bearing and distance of South 73 degrees 58. minutes 09 seconds West — 40.49', said curve having a radius of 135.42', to a point in the northern right of way of Colwell Avenue (80' public right of way); thence with the right of way of Colwell Avenue, North 57 degrees 13 minutes 00 seconds West — 159.76' to an iron pipe at the intersection of the northern right of way line of Colwell Avenue and the eastern right of way line of Dawson Street (80' public right of way); thence with the eastern line of Dawson Street, North 32 degrees 43 minutes OO.seconds East — 123.74' to an iron rod; thence North 84 degrees 40 minutes 50 seconds East — 24.47' to an iron rod; thence North 45 degrees 26 minutes 41 seconds East — 100.90' to an iron rod in the southern right of way line of Wrightsville Avenue; thence with the southern right of way line of Wrightsville Avenue, South 70 degrees 06 minutes 09 seconds East — 60.24' to a point; thence continued with the southern right of way line of Wrightsville Avenue, South 76 degrees 23 minutes 00 seconds East — 193.02' to an iron rod; thence South 16 degrees 53 minutes 15 seconds West — 30.64' to an iron rod; thence South 73 degrees 06 minutes 45 seconds East— 18.50' to an iron rod; thence North 16 degrees 53 minutes 15 seconds East 31.70' to an iron rod in the southern right of way of Wrightsville Avenue; thence South 76 degrees 23 minutes 00 seconds East — 55.29' to the point of beginning, containing 1.43 Acres more or less, and being a portion of that land described in a deed to The Caper Corporation as recorded in Deed Book 2037, Page 107 of the New Hanover County Registry. This description being subject to all easements of record. EXHIBIT "B" COMMON AREA OWNERSHIP AND COMMON EXPENSE ALLOCATION Unit`No. Square FootaEe Percentage Interest.' Unit IA 890.361 2.80% - Unit 1B 901.248 2.83% Unit 1C 968.994 3.05% Unit 11) 893.625 2.81% .Unit IE 970.786 3.05% Unit 2A 11,054.00 34.77% Unit 3A 937 2.63% Unit 3B 1140 3.59% Unit 3C 1001 3.15% Unit 3D 710 2.23% Unit 3E 1016 3.20% Unit 3F 1047 3.29% Unit 3G 1722 5.42% Unit Ill 1280 4.03% Unit 112 1050 3.30% Unit 113 1121 3.53% Unit 114 1229 3.87% Unit 211 1531 4.82% Unit 212 933 2.93% Unit 213 1498 4.71 ° 31,794.014 100.00% 10 PHASE 4 LIMITED COMMON ELEMENTEXPENSE ALLOCATION Unit Number Square footaee . P-Percentnee Unit 111 1280.00 14.81% Unit 112 .`• 1050.00 12.15% Unit 113 _ 1121.00 12.97% Unit 114 1229.00 14.22% Unit 211 1531.00 ' 17.72% Unit 212 933.00 10.80% Unit 213 1498.00 17.33% 8642.00 100.00% 11 EXHIBIT "c„ (PLANS FOR PHASE 4) 12 EXHIBIT "C" 2200 Wrightsville office Park Phase 4 Page I of 4 R9 �i pNN m z T o C.C. xe 1: 99 f 0 r. F 8 e � 4 RP8s8� 4 n R$ DA <•' SON jig L THIS MAP IS NOTA CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS it ��� 0Q•¢o3�:z C t nd e�kx�e;9� V RM O BUILDING SECTION U N "' FLOOR E.EVATIOU:.n CO FIRST FLOOR GEiLIHG ELEVATION: .37.OD "'I c`CAND FLOOR EL£VATM.A00D —I SEGOND FLOOR CEaJNG ELEVATIONS: .4900A.52.33' H j 0 x� o x as u 3 N) o m oa N OWNER I DEVELOPER N CERTIFICATE t tleFeby rRrtW Thal am President of Caper Corporatbn w h's tM Oevebper d 220D Wrights"o Office Park; that Ne shown and described prepedy zFd that as streets,'10 of way areas and easements era dedcatad to putic a pirate �ssa as noted Addifdrally are ppany�sbeen condommaan"end srbdrvkbd wM approval aM coreen[ d the Owner. u LEGEND tamaed com," rl Area llrllso CCrtRFXI Casa S W 6 L�J Cordamirirrn UN� ROTARY ACKNOWLEDGEMENT County: =laden State. Bath Carolina 1, Janet B. Packer, Notary Ptblb et me Coway and State aforesaid carhty that Rune F. Bowmen. AIA personally appeared before me this date and ackroxledged tte ekecLaian of these plats, pans and srvvays and veldled the matters to which he has respectively camfied Witness my hard and cJ(cial seal thm 4 h day of September 2007 Seal e ep er Mycor mrssian ecpfies January 11, 2012 TOPeF JavKnOGE 4LN6DDN _ 1 PHASE 0 2200 WRIGHTSVILLE OFFICE PARK WI-MINGTON, NOFTH CAROLINA THUS MAP IS NOT A CERTIFIED SURVEY AND RAS NOT BEEN RF.NgF.wED BY A LOCAL GOVERNMENT AGENT' FOR COMPLUANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS CERTIFICATE OF ARCHITECT I, Bruce F. Bowman, AIA Architect. heroby canny pasLlarR to MCG.S.he Ware Phase 220Wrltatthe Offic-g in the veto ent In Wilmington. Park, development In �^ a cadomiri:an a m aeow News North Caroline. are Eccwate they lane d ma and the un65 the G . \�J CHS Ecr Uq i7 !i ter, of glare of copies of yard g ce arkl accuadepicledia therein and that said Marrs Mellon, MV cens aocuatety depiloos. the layou,r,be Q �e •, ns o elevations, unit rn+nbers, end dmensicns of s,and the unite as hilt. the � CERT. NO. 5951 C yea Brtte F. Bowman AIA. Amhi R tnn M. 5951 h CA � TMsMAP rNOT wCERTIFIED SURVEY AND _NCYr BEEN «_,wALOCAL WnH�c \q�/o� REGamm, § mge ) | \ k | ■ !.- ■,�f f , JLc;:!®# ; ! @;\ - . ..z - s! /«.� \/!\; ! 8#£g /s\ » Q,lmac A N a v U 44 w U N H D CO N H 4Q x rn W N 3 O O N N CEILING ELEVATIOR: �'49 & a �62.SA -- B -h` Lora 0 Cononmitm Mrs and Limited Crmmm Ale. PHASE 4 Enadu Sondary 2200 WRIGHTSVILLE OFFICE PARK WILIAINGTON, NORTH CAROLNA IIIGL�L4' lirtil tl CeJep et Elevation a52.31' `J L1fIlIB] Cohma 1 A,.. OWNER/DEVELOPER NOTARY ACKNOWLEDGEMENT CERTIFICATE CERTIFICATE OF ARCHITECT I hereby cenr Nat I am Presiders of Caper Corporation Auch is the Developer of 2200 Wrightsville Office Park: that the shown and deecnbed property and that all strews, rights of way areas and easements are dedicated to pubic or private use as riled Addotonzlly, the propeny has been conoomimumlzed and subSvided wain approval and consent of the Owner. Caper ration I Waau Pa. e, res 9 -200� Dile Cowry: Sladen State: North Carolina I, Jams B. Packer, Notary Public of the Cotnty and State aforesaid. carafy that Bruce F. Bowman, AIA, persona0y appeared butte me this date and acklmwledged the execution of these plats, plans and suveys and verified the mattes to which he has respectively certified Witless my hand and official seal this 4th day of September 2o0T. ret x per Seal Aywm lesion extires Jarwary 16,2012 1. Bnce F. Bowman Aih AmNtect, hereby rxrtity usu pent to N C G.S. 47C-2-109, that the kregulrg dart of Phase IV in the 2200 Wrightsville office Park, a condominium development in Wilmington, New Hanover Ccufy. North Carolina, are accurate copes of the P12M of the buldag and the units depicted therein and that said piers fWy and arcuatety depict the layvtt. location, ceiling and floor elevations us mnnbers. and c hemuons of Ina tnts as bt& Registration Sett gjs�j z> �7 yl^ DZ >�a m n r �m m� yr^; z � 6 OCDCwC CERT. N0. 5951 CONSENT OF MORTGAGEE WACHOVIA BANK, NATIONAL ASSOCIATION, a National Banking Association and the holder of a Deed of Trust recorded in the Office of the New Hanover County, North Carolina Register of Deeds, in Book 5138, Page 1363, and TRSTE, INC., a Virginia Corporation which is authorized to transact business in North Carolina, in its capacity as Trustee under the aforesaid deed of trust, hereby consent to the execution and delivery of the foregoing THIRD AMENDMENT TO DECLARATION OF CONDOMINIUM, 2200 WRIGHTSVILLE OFFICE PARK (a Condominium) with exhibits thereto (the "Supplemental Declaration, Phase 4"), and to the filing thereof, in the office of the County Recorder of New Hanover County, North Carolina, and further subject and subordinate the above -described deed of trust to the provisions of the foregoing Supplemental Declaration, Phase 4 with attached exhibits (including, without limitation, any easements reserved therein). IN WITNESS WHEREOF, WACHOVIA BANK, NATIONAL ASSOCIATION, by its authorized officer, and TRSTE, INC., by its authorized officer, have caused this Consent to be executed this _Z� 0 day of.: .M 6. r , 2007. WACHOVIA BANK, NATIONAL ASSOCIATION By: Name: -7 .~_r i< Title: J!/� TRSTE, INC Name: 00 o//G �.ev�J.i Title: Trustee under the aforesaid Deed of Trust Stite.ot,North 1 a Notary Public of /1S4t%iGI� Coup ,,'North Caiolina do certify tth on thie;2/5/'7day of 200 , before me'personally appeared _ GgGi�i /1MSlC. of WACBOVIA BANK, NATIONAL ASSOCIATION personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the ceding or attached record, and acknowledged to me that he/she/they signed it volu ly for its stated rp B' =AWAY otary ublic NftY Pdit CM9, North Carolina My Commission expires: State of North Carolina C*ofI, 4NOt Public C�Crolina do cefEyf} tha o thiay of �200,76efore mpeazed 4;/ ��si C_ ofTRSTE, INC., a Virginia Corporation qualified to conduct business in North Carolina personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of personally known to me, who is to be the person(s) whose names) is/are signed on th eding or attached record, and acknowledged to they signed it volu fadly for its stated p se NO AWAY "amC Notary*ic My Commission expires:/ GOV13TY. + �0 0 y 0 D ��Anilsrre� � REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 .H.ff.IiHf.ff.YHH1HIIM.HY11HHNfHiHHfHNMII/M.f.ff'fHf..fRfffH.fHffl1ff1fff1M.f1HlH.f1HYHMYfHfffHH , Filed For Registration: 0912112007 01:06:12 PM Book: RE 6233 Page: 2758.2776 Document No.: 2007047060 AMEND 19 PGS $65.00 Recorder: PHELPS, MICAH State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007047060* 2007047060