SW8931220_CURRENT PERMIT_19940204

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 ° '_ ))-z .o
DOC TYPE
X❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
1`Ic)-j 02.0 -t
YYYYMMDD

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
February 4, 1994
Mr. Leslie L. Alexander, President
Ocean - Sound Village Corporation
1200 North Federal Highway, Suite 307
Boca Raton, Florida 33432
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. 931220
Ocean .- Sound Village
Onslow County t
� 0
Dear Mr. Alexander:
The Wilmington Regional Office received the Stormwater Submittal for Ocean - Sound Vi on
December 29, 1993. Based on our review of the project plans and specifications, includir:g deed
restrictions (copy attached) which limit the built -upon area to 8,219 square feet for each lot numbered 1 -
31, we have determined that the project complies with the Stormwater Regulations set forth in Title 15A
NCAC 2H.1003(a)(2) (3).
Any modification of the plans submitted to this Office or further development of this contiguous
project will require an additional Stormwater SubminYModification and approval prior to initiation of
construction, regardless of the fact that such modification may be less than one acre. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDES stormwater permit if disturbing five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be .required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Alexander
February 4, 1994
Stormwater Project No. 931220
Deed restrictions must be recorded with the Office of the Register of Deeds. A copy of the
recorded deed restrictions, including deed book number and page, must be forwarded to this Office within
30 days of the date of the recording. Failure to record and/or submit the deed restrictions to this Office
is considered a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
recorded Deed Restrictions are submitted. The Certification will verify to this Office that the stormwater
controls and the general layout of the project (amount of impervious area) are in substantial compliance
with the approved Stormwater Plan.
If you have any questions concerning this matter, please contact Greg Stutts or me at [phone].
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/ges: S:\WQS\STORMWAT\CERTIFIC\931220.FEB
cc: Mr. Gordon R. McAdams, P.E., Parker and Associates, Inc.
Mr. Marshall Batchlor, Onslow County Inspections
Bradley Bennett
Greg Stutts
Wilmington Regional Office
Central Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
DENSITY x ENGINEERED
PROJECT DATA
Project Name Ocean -Sound Village
Location (County, Township/Municipality, Address, State Road) Onslow County, North Topsail
Beach, Intersection NCSR 1568 and N.C. Highway 210
Owner's Name Ocean -Sound Village Corp., Leslie L. Alexander, President
MailingAddress 1200 North Federal Highway, Suite 307, Boca Raton, Florida
33432
Phone Number [phone]
Submittal Date December 20, 1993
Brief Description (include map and appropriate drawings) 31 Lot Residential Subdivision
Name of Water Body Receiving Stormwater
Mason Creek
Classification of Water Body SA/ORW If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results mg/1
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major X Sedimentation/Erosion Control X
404 Permit DEM/DHS Sewage Disposal X
Other (Specify)
CALCULATION OF BUILT UPON AREA
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project
includes areas draining to different water classifications, please note them separately below.
Subwatershed Subwatershed
Classification SA/ORW.
Built upon area
Total Project Area . 28 Acres
% Built upon Area 24.
Allowable B/U Area 25%
Is the Project B/U Area 5 the Allowable B/U Area? Yes Of no, an engineers
% Built upon area = (built upon area / total project area) * 100
Built upon area limits for projects to meet density: SA waters --- 25%, Other
STORMWATER COLLECTION SYSTEM
Describe how the runoff will be treated Grass Lined. Roadside
I system is required.)
Office use onl
STDIE �E
R, 9 9 1993 U j
D E M
;�I x 931ZZ0

1$Urrrx AREA
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
provide a description
(Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line if the project is intended :o meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to 8219 square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State.
CERTIFICATION
I, Leslie L. Alexander certify that the information included on this
submittal form is correct, that the project will be constructed in conformance with this information, and
that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC
2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and
agree to abide by the deed restrictticin statement above.
Ow r s S�gnatt�re Datc
Provide authorized person or firm name and address below:
Gordon R. McAdams, P.E.
Parker & Associates, Inc.
P. 0. Box 976
Jacksonville, NC 28541-0976
I, GLlzegleA J (` E allotary Publicfor the State of 60"e1 i4
County of �p v /3epf do hereby certify that Z s%/c L personally
appeared before me this 6 day of %Y (erm )ae. , 19 93 , and acknowledges the due execution
of the fore2oing instrument. Witness my hand and official seal,
ELIZABETH J. NIETO
J07a
My Comm. Exp. 12-10-95
My commission expires o2 /0 S Bonded By Service Ins. Co.
! ON71YI # 1�66 �1d��
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Regional Office
2-Ll-?4
Date
Date I Region Water Quality Supervisor
cc: Applicant/WiROBradley Bennett/Central Files

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street - P.O. Box 976
Jacksonville, NC 28541-0976 1+ %UTJEI
[phone] - Fax:[phone]� MAY 11995
...........................
Mr. Dave Adkins
Water Quality Supervisor
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Dear Mr. Adkins:
April 28, 1995
S�U rrTER
E C E o W E D
MAY 011995
RE: Stormwater Certification DE M
Ocean -Sound Village PR01 q� t17.Zo
North Topsail Beach
Onslow County, North Carolina
We are providing herein the required Stormwater Certification
for the above referenced project as shown below:
I, Gordon R. McAdams, as a duly Registered Professional
Engineer in the State of North Carolina, having been authorized to
observe periodically the construction of the Ocean -Sound Village
Subdivision hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction
of the stormwater control system for this project such that the
construction was observed to be built within substantial
compliance and intent of the plans and specifications approved by
the NCDEM Water Quality Section. The layout of the impervious
surfaces and the road details, as constructed, conform with the
layout and road details shown on the approved plans. A copy of
the recorded Deed Restrictions is attached as required and
further confirms that the project, as constructed, does meet the
requirements of the North Carolina Stormwater Rules.
If you have any questions, please give me a call
Sincerely,
CAR
PARKER & ASSOCIATES, INC.
i`+'�
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Uw/V
Gordon R. McAdams, P.E.
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Enclosure
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Cari Dasen
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Mr.
Peter Kaplan
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Mr.
Bob Motchkavitz, P.E.
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(P) LAM
ENVIRONMENTAL ENGINEERING ■ STORM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING 0 FEASIBILITY REPORTS 0 ENVIRONMENTAL SCIENCE 0 CONSTRUCTION PLANS

US 235Pis
STATE OF NORTH CAROLIN.A
COUNTY OF ONSLOW
MA!1995 U
I D, i? 6 Ali I I' I 99.)i
RECEIVED
APR 27
0/1
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
/p
THIS DECLARATION is made and executed this C_;� 0 day of April, 1995. by
OCEAN -SOUND VILLAGE CORP., a North Carolina corporation organized and existing under
the laws of the Stale of North Carolina, Will its principal office located in Onslow County, North
Carolina, herein after referred to as "Declarant".
WITNESSETH:
WHEREAS, the Deciaranl is the fee simple owner of certain real property located In Stump
Sound Township, Onslow County, North Carolina, as shown on the plat of survey entitled
"OCEAN SOUND VILLAGE", dated March 21, 1995, prepared by Parker and Associates, Inc., as
recorded in Map Book 32, Page 47, Slide I-35, Onslow County Registry ("Plat"), the description
of which is incorporated herein by reference (hereinafter referred to as the "Property"), and
desires to develop therein a residential community together with common improvements for the
benefit of all lots within the Property; and,
WHEREAS, the Declarant desires to provide for the preservation of the values in said
community and for the maintenance of said common Improvements, and to this end, desires to
subject the Property to the covenants, restrictions, easements, charges and liens (hereinafter
referred to collectively as the "Restrictions") as hereinafter set forth, for the benefits of Ilse
Property and each owner thereof; and,
WHEREAS, the Declarant has deemed it desirable, for the efficient preservation of the values in
said Property, to create a method of maintaining the common improvements and public
roadways, administering and enforcing the covenants and restrictions by levying, collecting, and
disbursing the assessments, special assessments, andcharges hereinafter created; and,
WHEREAS, the Declarant desires that the Restrictions shall run with, burden, and bind the
Properly,
NOW, THEREFORE, the Declarant hereby declares the Property is and shall be held,
transferred, sold, conveyed, occupied, and used subject to the Restrictions hereinafter set forth,
for and during the period of lime hereinafter specified.
ARTICLE I " DEFINITIONS
The following words when used in this Declaration or in any Supplement or amendment hereto
(unless the context shall prohibit) shall have the following meanings:
(a) "Declarant shall mean and refer to OCEAN -SOUND VILLAGE CORP., a North Carolina
corporation, its successors and assigns.
;l l "Cumin:Iiee" sl:aii mean ana refer to :he group of persons appointed, pursuant to Article VII
hereof, to supervise the preservation of the architectural and aesthetic values of the Property,
and to supervise the maintenance and repair of the common imprb'vernenls and roadways giving
access to each Lot in the Property, and the easements for drainage, utilities, landscaping and
access which are shown on any recorded subdivision plat of the Property. Declarant shall be
deemed to be the Committee until such time as the rights and powers of the Declarant are
transferred or assigned as herein provided.
(c) "Dwelling" shall mean and refer to any portion of a building situated upon the Property
designed and intended for use and occupancy as a residence by a single family.
(d) "Lot" shall mean and refer to any plot of land intended and subdivided for residential use as
shovni upon the recorded Plat of, Ocean Sound Village as referenced herein
(e) "Owner" shall mean and refer to the record owner, whether one or more persons or a legal
business entity, of the fee simple title to any Lot, but shall not mean or refer to any mortgagee or
subsequent holder of a mortgage, unless and until such mortgagee or holder has acquired title
pursuant to foreclosure or any proceedings in lieu of foreclosure.
(f) "Improvement" shall mean and refer to any thing or device, including trees, shrubbery and
other landscaping, the placement of which upon any Lot may affect the appearance of such Lot,
including by way of illustration and not limitation, any building, garage, shed, greenhouse,
bathhouse, coop, cage, covered or uncovered patio, swimming pool, clothesline, radio or
television antenna, fence, curbing, paving, wall, signboard, or any other temporary or permanent
improvement to such Lot.

eooK 1235NGE 606
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 2 OF 15
(g) "Common Improvement" shall mean and refer to landscapingliinigalion, signage, specialty
lighting for landscaping/signage, fencing and/or other similar improvements which have been or
will be installed by Developer or Committee within landscape easements shown on the recorded
Plat referenced herein. Said Common Improvements shall be considered to provide a benefit for
all Lots within the Property and the maintenance, repair, upkeep (including painting, staining,
mowing, trimming, etc.) and operational costs of said improvements shall be the equal and
shared responsibility of all Owners of Contributing Lots as described herein. Until such time as
Declarant transfers control to the Committee (the Turnover Dale), Declarant may install
additional Common Improvements Wthout the approval or consent of any other Owners except
that the increased cost of the maintenance and repair of such improvements shall not exceed the
previous year's costs by more than ten percent (10%) without the approval of at least twenty-five
percent (25%) of the Owners participating in a meeting pursuant to Article IV hereof.
(h) "A -Line Ocean Lot" shall mean and refer to Lot 1 through Lot 19 as shown on the recorded
plat of Ocean Sound Village as referenced herein.
(i) "B-Line Ocean Lot" shall mean and refer to Lot 20 through Lot 31 as shown on the recorded
plat of Ocean Sound Village as referenced herein.
0) "Contributing Lot" shall mean and refer to each of the 31 lots at the Property, as shown on the
recorded plat of Ocean Sound Village, which are subject to assessments under this Declaration.
(k) 'Turnover Date" shall mean and refer to the date on which Declarant, its successors or
assigns, transfers its retained rights under this Declaration to the Committee as provided for in
Article VII hereof.
(1) 'Institutional Mortgagee" shall mean and refer to any mortgage company, insurance
company, bank, or other lending institution duly licensed by the United Slates of America or any
individual slate, or the Declarant which may act in the capacity as mortgagee with respect to any
Lot or improvement thereon.
ARTICLE II' PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property subject to this Declaration is all property
shown on the plat of survey entitled "Ocean Sound Village", prepared by Parker and Associates,
Inc., as recorded in Map Book 32, Page 47, Slide 1-35, Onslow County Registry.
Section 2. Additional Property. Additional property Immediately adjacent to (including
property separated by public roads) the existing Property, which Is presently owned by or may
otherwise be purchased/obtained by the Declarant, may be added to the existing Property with
the approval of more than twenty-five percent (25%) of the Owners. Any such additional
properly shall benefit the Lots by either providing an amenity or buffer for the existing Properly
and/or by providing for additional lots and property owners to share in the cost of implementing
the Restrictions as described herein.
ARTICLE III ` PROPERTY RIGHTS IN ROADWAYS
,r
Section 1. Owner's Right of Easement. Every Owner shall have a right of easement of
enjoyment, and of ingress, egress and regress in and over the public roadway(s) and access
easements described in said recorded plat and such rights shall be appurtenant to and shall pass
with the title to the affected Lot.
The Declarant reserves the right, prior to the Turnover Date, to have the public roadways shown
on the aforementioned plat to be vacated and thereafter dedicated and recorded as a private
roadway easement, with easements for utility services to each Lot within the Property as may be
required. Under such a circumstance, every Owner shall be provided with the same right of
easement for ingress, egress, and regress in and over said private roadway(s) extending from
offsite public roadways to each"of the Lots within the Property.
Section 2. Ownership. The real properly within the easement areas shown on the Plat on any
Lot shall be owned in fee simple by the Owner of said Lot.
If the public roadways shown on and dedicated by the plat are abandoned by action of the
Declarant or Committee, replacement private roadways shall be provided encompassing as
much land within and along the alignment of said vacated public roadways to allow for safe,
reasonable, and legal access to all Lots, and other lands within access easements shown on said
plat as may be necessary to provide for private gatehouse facilities, electronic security gates and
appurtenances, and/or other similar improvements. In such a circumstance, the land within the
private roadway easements shall be omed to the centedine of said roadway In fee simple by the
Owners of adjoining Lots unless otherwise shown on the revised plat.

oom I2356G[ 607
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 3 OF 15
Section 3. Reservation of Easements. Declarant shall convey Lots subject to a reservation of
easements and agreement regarding such matters as follows:
(a) Declarant or COrmmitlee reserves to themselves, their successors and assigns, easements,
as shown on said recorded Plat and any subsequent revisions thereto, for access, landscaping,
and utilities including electrical, telephone and television transmission facilities, water, sewer,
natural gas pipelines, drainage, and other utilities necessary to develop and service the
residential use of the Properly.
(b) The same rights as described in the aforementioned section shall apply to private roadways
if the public roadways shown on the plat are abandoned by action of the Declarant or Committee,
and substitute private roadways are provided;
(c) The easements shall be permanent in nature, and shall run with the land; and,
(d) Said easements shall be subject to the following restrictions:
(1) No Owner may grant access to or use of any easements to the benefit of any adjoining land
or offsite properly owners without the express written approval of the Declarant or Committee.
(2) Each Owner shall be burdened with the obligation to maintain the area within any easement
which runs across his land by mowing grass, and removing obstructions and underbrush from
said area, but the expense of maintaining the paved roadways and Common Improvements shall
be as set forth in Article IV of this Declaration.
ARTICLE IV " COVENANT FOR MAINTENANCE ASSESSMENT
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant or
Committee, for itself and its successors and assigns, and for each Contributing Lot which
Declarant or Committee owns, hereby covenants, and each Owner of any Lot by acceptance of a
deed thereof, whether or not it shall be so expressed in such deed, is determined to covenant
and agree to pay his pro-rata share, as herein set forth, of any standard or special assessments
as described herein.
The assessments provided for herein and all installments thereof may be adjusted from time to
lime by the Declarant or Committee, if applicable, to reflect the changes in the number of and
status of Contributing Lots by virtue of: foreclosure; proceedings in lieu of foreclosure; or,
otherwise. Accordingly, it is recognized and agreed by each Owner, for himself and his heirs,
executors, successors and assigns, that in the event an individual Owner of a Contributing Lot
fails or otherwise refuses to pay his assessment or any portion thereof, then the other Owners
may be responsible for increased assessments due to the non-payment by the non -complying
Ovmer(s), and such increased assessments can and may be enforced as herein provided. The
remedy described above shall in no way relieve the non-paying Owner(s) from his obligation
under this Declaration. Any monetary recovery from the non-paying Owner(s) shall be refunded,
on a pro-rata basis, to the Owners who were subject to and paid the increased assessment.
Section 2. Purpose of Assessments. The assessments levied liy the Declarant or Committee
shall be used exclusively for the maintenance and upkeep of the Common Improvements and
any additional maintenance or upkeep which is necessary within public road right-of-ways when
such improvements are not provided by the public agency in an acceptable manner and/or
frequency. In addition, the assessments may be used for services and facilities devoted to the
aforementioned purposes, including but riot limited to the repair, replacement and additions to
the Common Improvements and/or roadway improvements, and for the cost of labor, equipment,
materials, management and supervision thereof, and for other improvements, which in the sole
opinion of Declarant or Committee, serve the entire Ocean Sound Village project.
Section 3. Standard Assessments. The Declarant hereby establishes the initial standard
assessment of $250.00 per annum per Contributing Lot, due and payable on June 1, 1995, and
every anniversary dale thereafter (with allowance for weekends and federal holidays). The
standard assessment shall be used to maintain, repair, operate, protect and/or restore/replace
any Common Improvements, and include costs necessary to allow for electrical service to the
street light poles as provided by the electric utility company, and water service for the Common
Improvement irrigation system. Standard assessments may include the cost of upkeep/repair of
improvements which have been dedicated to the public, or other such agencies, when Declarant
or Committee find that the upkeep/repair provided by such parties does not meet Will the
standards of the community. Any excess funds generated by the standard assessment account
shall be maintained within a contingency fund for the purpose of offsetting any future special
assessments, except at no time shall lice value of the contingency fund exceed the total amount
of the standard assessments for the previous year's billing. In the case of excess funds within
the contingency account, credits against current year charges shall be provided to each Owner.

uoof 1235eAh 608
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 4 OF 15
Upon an accounting and reasonable justification of the costs, the Declarant or Committee may
increase the standard assessments to cover previous year excess expenses and/or Increases in
anticipated costs for the upcoming budget year, except that such increases shall be limited to a
maximum cumulative total of 10% per year beginning on the effective date these Restrictions,
unless approved by not less than twenty-five percent (25%) of the Owners. of the affected Lots.
Such vote shall lake place at a meeting duly called for this purpose, written notice of which shall
be sent to the affected Owners not less than thirty (30) days, nor more than sixty (60) days, in
advance of the meeting selling forth the date, place, and purpose of the meeting.
Section 4. Special Assessments. The Declarant or Committee may levy special assessments
(which must be fixed at one uniform rate for each Contributing Lot as a separate entity
equivalent to every other Contributing Lot), at any time, for good and reasonable cause, for the
purposes of defraying, in whole or in part, the cost of any construction, maintenance,
reconstruction, repair and/or replacement of a capital improvement: provided, however, that after
control has been transferred to the Committee by Declarant, any such assessment shall have the
assent of not less than twenty-five percent (25%) of the Owners of the Contributing Lois (on a
one vote per Lot basis). Such vote shall lake place at a meeting duly called for this purpose,
written notice of which shall be sent to the Owners not less than thirty (30) days, nor more than
sixty (60) days, in advance of the meeting setting forth the dale, place and purpose of the
meeting. Declarant shall not be required to obtain Owner approval to levy any special
assessment prior to the Turnover Dale as herein defined.
Section 5. Quorum for any Action Authorized Under Sections 3 & 4. The quorum required
for any action authorized by Section 3 and/or 4 of [his Article shall be as follows:
(a) At the first meeting called, as provided in Sections 3 and 4 of this Article, the presence at the
meeting of Owners, either in person or by proxy, entitled to cast forty percent (40%) of all the
voles entitled to be cast shall constitute a quorum; or,
(b) If the required quorum is not forthcoming at said meeting, another meeting may be called,
subject to the notice requirements set forth in Sections 3 and 4 of this Article, and the required
quorum at such subsequent meeting shall be one half (1/2) of the required quorum at the
preceding meeting called for the same purposes, provided that such subsequent meeting shall
not be held more than sixty (60) days following the preceding meeting.
Section 6. Effect of Non -Payment of Assessment. The Personal Obligation of the Owner,
the Lien and Remedies. If any assessment is not paid on the date when due, as specified
herein, then such assessment shall be deemed delinquent and shall, together with such interest
thereon and cost of collection therefore as are herein provided, continue as a lien on the Lot
which shall bind such Lot in the hands of the then Owner, his heirs, devisees, personal
representatives, successors and assigns. In addition to such lien rights, the personal obligations
of the then Owner to pay such assessment, however, shall remain his personal obligation and
shall also pass to his successors in title as a joint and several liability. Payments for
assessments not received by the due dale will be subject to a $25.00late fee. Additionally, if the
assessment is not paid within thirty (30) days after the delinquency date, the assessment shall
bear interest from the date of delinquency at the rate of twelve p�rcenl (12%) per annum, and
the Declarant or Committee may bring legal action against the Owner personally obligated to pay
the same, or may enforce or foreclose the lien against the property. In the event a judgment is
obtained through such aforementioned legal proceedings, such judgment shall include Interest
on the assessment above provided, and a reasonable attorney's fee to be fixed by the court
together with the costs of the action. No Ownei of a Lot may waive or olherwise escape liability
for the assessments provided for herein by non-use of the easement areas, abandonment of his
Lot, or by any other method or procedure.
Section 7. Establishment of Liens. Any and all assessments made by the Declarant or
Committee, if applicable, In accordance with the provisions of this Declaration with interest
thereon and costs of late fees and collection, including but not limited to legal fees, are hereby
declared to be a charge and cori(inuing lien upon each Contributing Lot against which each such
assessment is made. Each assessment against a Contributing Lot, together with interest
thereon, including but not limited to legal fees, shall be the personal obligation of the Owner of
the Contributing Lot. Said lien shall be effective only from and after the time of the recordation
amongst the public records of Onslow County of a written, acknowledged statement by the
Declarant or Committee setting forth the amount due as of the date the statement is signed.
Upon full payment of all sums secured by that lien, the party making payment shall be entitled to
a satisfaction of the statement of lien in recordable form. Notwithstanding anything to the
contrary contained herein, where an Institutional Mortgagee of record obtains title to a
Contributing Lot as a result of foreclosure, its successors or assigns shall not be liable for the
share of assessments pertaining to such Contributing Lot or chargeable to the former Owner
thereof which became due prior to the acquisition of title as a result of the foreclosure or deed in

BOOK 1235PA�E 609
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 5 OF 15
lieu thereof, unless the assessment against the Contributing Lot in question is secured by a claim
of lien for assessments that is recorded prior to the recordation of the mortgage which was
forecfosed or with respect to which a deed in lieu of foreclosure was given.
Section 8. Affected Lots. All Contributing Lots are considered to be equally benefited by the
Common Improvements, easements, and roadways, and shall therefore equally share in the
costs to maintain, repair and/or operate such facilities.
Section 9. Exempt Property. All properties within the boundaries of the plat of Ocean Sound
Village dedicated to and accepted by a governmental body, agency, authority, or utility and
devoted to public use shall be exempted from the standard and special assessments, charges,
and liens created pursuant to this Declaration.
ARTICLE V " ARCHITECTURAL REVIEW
Section 1. Construction Subject to Review. No construction, modification, alteration or
improvement of any nature wfiatsoever (except interior alterations not affecting the external
structure or appearance of a house) shall be undertaken on any Lot unless and until a plan of
such construction or alteration shall have been approved In writing by the Declarant or
Committee, if applicable, in accordance with this Article. Modifications of exterior conditions of a
building or Lot which are subject to architectural control specifically include, but are not limited
to, the following: painting or other alterations of a building (including doors, windows and roof);
installation of antennas, satellite dishes or receivers, solar panels or other such devices or
mechanical equipment; construction of fountains, swimming pools, wfiidpools or other pools;
construction of walls or fences, addition of awnings, gates, flower boxes, shelves, statues or
other outdoor ornamentation nor patterned brightly colored window coverings; and, any alteration
of the landscaping or topography of the Lot, including without limitation any planting, culling, or
removal of bees or plants. Normal lawn mowing and trimming of shrubs, bushes and/or trees,
Pursuant to local standards and accepted pruning practices, are permitted without prior approval.
Nolwilhslanding the preceding restrictions, temporary house lighting and/or front door
decorations relating to holidays, birlhdays, and/or special events may be displayed without
approval with the following stipulations: no such decorations may remain in place for a period of
more than 30 days; such decorations shall be aesthetically pleasing and in keeping with the
community standards; and, decorations shall be limited to the minimum amount, size, and/or
brightness so as to avoid disturbance to other Owners and maintain a serene and peaceful
setting. Under no circumstances will any animated figures or music/sound generating or
emanating devices be permitted in conjunction with such decorative displays.
Section 2. Procedures. In order to minimize delays and re -design costs, any Owner seeking.
approval for a residential dwelling at the Properly shall be required to first submit conceptual (but
to scale) elevational views of the structure, estimated square footage's of enclosed heated areas
per floor, and the proposed siting of the structure on the Lot to fire Declarant or Committee for
preliminary review and comments regarding compliance with these Restrictions.
Ir
Thereafter, or otherwise for plans not related to residential construction, the materials to be
submitted to the Declarant or Committee by an Owner in support of a request to implement
Improvements to a Lot shall include the following: (a) a complete set of construction plans and
specifications (house construction plans shall be revised as necessary to comply with comments
by Declarant or Committee pursuant to the conceptual review process described above)
including all proposed landscaping; (b) an elevation (all sides of an improvement which are
different) or perspective rendering of all proposed improvements; (c) a one lime fee for review
(to offset the costs of processing) hereby initially established at $250.00 per house plan
submittal, wilt) said fees subject to reasonable adjustments, not more than once per year, as
authorized by the Declarant or Committee to reflect the actual costs of the review and processing
of such requests for approval; .and, (d) such other items as the Deciarantor Committee may
deem appropriate. No review fees will be charged for requests for approval of exterior painting
or repairs, and all other requests for approvals which do not relate to house construction plan
approval (e.g. landscaping improvements, etc.) will be charged a fee hereby initially established
at $50.00 per submittal (subject to adjustments as described above).
If the Declarant or Committee fails to approve or reject the plans for Improvements to a Lot
within thirty (30) days after submission of all requested plans and specifications, approval shall
be deemed to have been granted unless the applicant agrees to an extension.
Section 3. Basis for Decision. The Declarant or Committee shall, in their sole discretion and
opinion, approve or disapprove the application for Improvements to any Lot, subject to a
reasonable interpretation of these Restrictions, and based upon the following factors, among

GOOK 12 3 5 kGE 610
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 6 OF 15
others: the nature, kind, shape, color, height, type and quality of materials, and location of the
proposed improvements; harmony with surrounding structures and topography; compliance Wilt
Restrictions, plat conditions, local zoning code conditions, and stale environmental setback
criteria; and, other factors, including purely aesthetic considerations. The Declaranl or
Committee shall also have the right to determine the number and type of structures which may
be constructed on a Lot, and whether any proposed construction will be desirable and/or suitable
for construction at Ocean Sound Village.
Any rejections by the Declarant or Committee of parts or all of plans shall be provided with
comments and/or recommendations as to how the plans could be revised to satisfy the
requirements of this Article. Any approval issued by the Declarant or Committee pursuant to this
Article does not obviate the need for the applicant Owner to obtain any/all other necessary
authorizations from appropriate public agencies and/or utility companies for the proposed work
before initiating construction activities. Any decision reached by the Declarant or Committee
pursuant to this Article shall be considered to be final unless appealed by the applicant Owner
and overturned by approval of more than seventy-five (75%) of the Owners pursuant to
notification requirements and procedures included under Article IV herein.
Section 4. Construction. If approval is given, or deemed to be given pursuant to Section 2
above, construction of the Improvements applied for may be immediately initiated, provided Ihal
all such construction is in substantial accordance vdlh the submitted plans and specifications.
Any significant modifications of the plans and specifications approved by the Declarant or
Committee as required by regulatory agencies and/or utility companies shall be subject to further
review and approval in accordance with this Article. The Declarant or Committee shall have the
right to enjoin any construction not in conformance with approved plans and specifications, and
shall enjoy and be entitled to all other remedies available at law or equity.
Section 5. Liability. Approval by the Declarant or Committee shall not constitute a basis for
any liability for failure of the plans to conform to any applicable building codes, guarantee the
availability of flood insurance coverage, or Identify any inadequacies or deficiencies in the plans
which would result in defects in the proposed Improvements. Furthermore, it shall be the
responsibility of the Owner and his team of professional consultants to evaluate and incorporate
any recommended changes to the plans and specifications suggested by the Declarant or
Committee in a manner which will not compromise the structural integrity of such improvements
or otherwise render the improvements unpermillable with regard to regulatory agency review.
Each Owner shall be solely and individually responsible for obtaining all necessary technical data
and professional support, and to make application and to obtain file approval of all appropriate
governmental agencies prior to commencement of any construction on any Lot.
Section 6. Assignment by Declarant. The Declarant shall have the right to assign its
architectural review and approval rights and responsibilities under Article V of this Declaration to
a learn of professional consultants it selects to Interpret and/or enforce such responsibilities, or to
the Committee as provided in Article VII of [his Declaration.
ARTICLE VI • PROTECTIVE COVENAI4TS.
Section 1. Residential Use. Each Lot in the Property shall be used for single family residential
Purposes only. No building or structure intended for or adapted to business purposes (including
the storage of business supplies), and no apartment house, rooming house, hotel, motel, lodge,
inn, or bed and breakfast establishment, medical offices, hospital, or other multiple family
dwelling or business structure shall be erected, placed, permitted or maintained on such Lot at
any time. These restrictions do not prevent the use of a room or rooms within a single family
residential structure as a home office provided that such use will not require visits by the general
public, involve any onsile employees other than the residents of the home, and require/result in
frequent deliveries or visits by other consultants or clients related to such business activities.
No noxious, offensive, or illegal trade or activity shall be carried on upon any Lot or from within
any residence thereon, nor shall anything be done on any Lot or within any residence (including
the creation or generation of excessive noise) that shall be or become an unreasonable
annoyance or nuisance to other Owners. Garage doors on residences shall be kept closed
except to allow for ingress/egress to the garage area so as to block file view of the garage area
and any vehicles, storage, work areas, etc. winch may be visible when said doors are open.
Section 2. Subdivision of Lots. No Lot shall be subdivided, by sale or otherwise, except to
increase the size of an adjacent Lot or Lots. No construction shall be permitted on any individual
Lot which has been reduced in size from the dimensions shown on the plat for Ocean Sound
Village except when the Wdth of said remaining Lot equals or exceeds the width of at least one
of the immediately adjacent Lots as shown on the recorded Plat as referenced herein.

BOOK 12 3 5 PAGE 611
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 7 OF 15
Section 3. Occupation of Residential Dwellings. No private dwelling erected upon any Lot
shall he occupied in any manner while in the course of construction, nor at any time prior to its
being fully completed, except by bonafide security personnel. Furthermore, no residence shall
be in any manner occupied when completed unless and until it is made to fully comply with the
approved plans and specifications, the requirements herein, and all other covenants, conditions,
reservations and restrictions herein set forth.
Section 4. Timing of Approved Construction Activities. The exterior of all houses and other
major structures or construction projects must be completed within one (1) year after approval by
the Declarant or Committee, except where such completion is impossible or would result in great
hardship to lire Owner or builder because of labor strikes, national emergency, or acts of God.
Implementation of repairs, and/or construction of minor Improvements as approved by the
Declarant or Committee shall be completed at the earliest possible time and in no case shall the
construction of such minor improvements take more than six (6) months to complete after
approval by the Declarant or Committee. For good cause shown, the Declarant or Committee
shall have the right, in its sole discretion, to waive time requirements pursuant to this Section
Will respect to the Owner of any Lot.
Section 5. Minimum Sizes and FrontlRear Facade Requirements Relating to Residential
Structures. Any residential dwelling constructed at Ocean Sound Village subject to these
Restrictions shall meet or exceed the minimum size requirements, and be designed so as to
c0111ply with the front/rear facade requirements as described herein.
(a) For Ilse purposes of establishing minimum floor area size requirements for each residential
dwelling, only those floor areas of the structure which are fully enclosed and heated and devoted
to living purposes may be counted. With the exception of maximum credit of 250 square feel for
areas which otherwise meet the aforementioned requirement but have finished floor elevations
which are located below the established 100 year flood level, all floor areas to be counted
against the minimum requirements shall be situated above the established 100 year flood level,
as shown on the recorded plat or as may be revised by actions of appropriate governmental
agencies. The minimum requirements of floor area shall not include roofed or unroofed porches,
terraces, garages and any outbuildings, whether or not said facilities have finished floor
elevations at or above established minimum 100 year flood levels.
(b) Single story dwellings constructed on any "A -Line" Ocean Lot shall contain not less than two
thousand two hundred and fifty (2,250) square feet (with an allowance for a maximum of 250
square feet of enclosed area situated at a level below the established 100 year flood level as
described herein). Such single story structures shall also contain a minimum building footprint of
enclosed and healed living areas of not less than two thousand (2,000) square feet and a
minimum overall front width (i.e. the facade of the structure facing Oceanview Lane) of forty-five
(45) feel for lots which are 75 feel wide (typical) or greater, and thirty-six (36) feet for lots which
are 60 feel wide (typical) or are irregularly shaped and less than 75 feet Wde on an average.
(c) Multi -story dwellings constructed on any "A -Line" Ocean Lot shall contain not less than two
thousand six hundred (2,600) square feet (with an allowance for a maximum of 250 square feel
of enclosed area situated at a level below the established 100, year flood level as. described
herein). Such multi -story structures shalt also contain a minimum building footprint of enclosed
and healed living areas of not less than one thousand six hundred (1,600) square feel and a
minimum overall front width (i.e. the facade of the structure facing Oceanview Lane) of forty-five
(45) feet for lots which are 75 feel wide (typical) or greater, and thirty-six (36) feel for lots which
are 60 feet wide (typical) or are irregularly shaped and less than 75 feel wide on an average.
(d) Single story dwellings constructed on any "B-Line" Ocean Lot shall contain not less than two
thousand (2,000) square feel (with an allowance for a maximum of 250 square feet of enclosed
area situated at a level below the established 100 year flood level as described herein). Such
single story structures shall also contain a minimum building footprint of enclosed and heated
living areas of not less than one thousand seven hundred and fifty (1,750) square feel and a
minimum overall front width (i.e. the facade of the structure facing Oceanview Lane) of forty-five
(45) feel for lots which are 75 feel wide (typical) or greater, and thirty-six (36) feet for lots which
are 60 feet wide (typical) or are irregularly shaped and less than 75 feet vide on an average.
(e) Multi -story dwellings constructed on any "B-Line" Ocean Lot shall contain not less than two
thousand four hundred (2,400) square feet (with an allowance for a maximum of 250 square feel
of enclosed area situated at a level below the established 100 year flood level as described
herein). Such multi-slory structures shall also contain a minimum building footprint of enclosed
and heated living areas of not less than one thousand four hundred (1,400) square feet and a
minimum overall front width (i.e. the facade of the structure facing Oceanview Lane) of forty-five
(45) feet for lots which are 75 feet wide (typical) or greater, and thirty-six (36) feet for lots which
are 60 feet wide (typical) or are irregularly shaped and less than 75 feet wide on an average.

BOOK 12 3 5 PAGE 612
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 8 OF 15
' r
(f) All proposed residential dwellings shall be designed In such a manner as to create a visually
pleasing appearance from both the front (i.e. facing Oceanview Lane) and rear (i.efacing the
beach or wellands shown on the Plat). Archileclural solutions shall be prepared which avoid flat
or olheivAse unappealing front and rear facades: design methods of providing what would be
considered acceptable fronUrear facade design would Include, but not be limited to, the following.
(1) Providing for a minimum of eight (8) foot wide covered or uncovered decorative
porches/der.king (extending from the face/rear facade of the dwelling). with decorative railings.
extending a minimum of 6o% of the overall length of the facade being considered.
(2) Providing (or changes in the plane of front/rear elevations of the dwelling by extending
portions of the building towards the street or beach area. For such a solution the minimum
acceptable width of such an extension (or (lie remaining setback facade of the structure) shall be
301/6 of the overall length of the facade being considered, and the minimum distance for such
extension beyond the remaining setback plane of the structure shall be 20% of the overall length
or the facade being considered. In no Instances shall the length of the extended portion of the
sbucture (as measured from the setback portion of the facade) be greater than the vddih of the
extended portion as measured along the front/rear facade. Except when the extension portion of
the facade begins at either end of the structure. in no instances shall the remaining setback
portion of the facade be cumulatively less than 3o% of the overall facade being considered or
individually less than 15% of the overall facade being considered.
(3) Providing for changes in roof design (pllch, slope, alignment/direction, and/or extensions)
which create an aesthetically pleasing solution.
Section 6. General Prohlbilions and Requirements. The following prohibitions, restrictions
and/or requirements shall apply and control the improvement, maintenance and use of all LoN:
(a) Building set back and height restrictions shall comply with the most restrictive guidelines as
shown on the Plat or as governed by any applicable governmental restrictions or building codes
in effect at the time of permliting. Additionally, in order to protect the integrity and aesthetics of
the pnmaiy dune system, certain 'A -Line" Ocean Lots wit be subject to the additional setback
requirements, hereby established by the Declarant, as identified on Exhibit "A" attached hereto.
(b) All dwellings and permitted structures erected or placed on any Lot shall be constructed of
materials of good grade, quality, and appearance, and all construction shall be performed in a
good workmanlike manner and quality. No manufactured and/or used sbuctures (in part or
vdiole) shall be relocated or placed on any Lot without the prior witten consent of the Declarant
or Committee, and only if such structure complies with all other elements of these Restrictions.
The exterior siding of all dwellings and permitted structures shall be either natural wood or
stucco. or other building materials of similar appearance and quality whlch are guaranteed by the
manufacturer for a minimum 20 year period for the environmental conditions expected at the
Ocean Sound Village project. No structures shall have an exterior constructed of exposed
concrete blocks, asbestos or asphalt shingles or sheets, plywood sheets and batten board, flat tin
and/or aluminum sheeting, or similar low budget and aesthetically Incompatible materials.
The covering of all pitched roofs shall be wood shingles, cedar shakes, slate, concrete or terra
colla Tiles, or other materials of similar appearance, quality and durability (subject to approval by
Declarant or Committee pursuant to exception procedures listed below). Flat roof sections over
decks, covered porches, etc. can be covered with heavy duty composite roofing materials, as
approved for use by the local authorities, when such materials cannot be viewed from ground
level on either the publlc roads, beach area, or any other Lots within Ocean Sound Village..
Exceptions to the list of approved materials for dwellings and structures, if any, will be granted in
waling, by and at the sole discretion of the Declarant or Committee, for materials of similar
dimensions, style, and/or appearance. Requests for exceptions to the list of approved materials
must be rnade in waling by the applicant and shall include a manufacturer's brochure describing
the material and its suitability for the location (wind, rain and/or flood protection, resistance
and/or weathering capabilities), -providing colored photographs and/or samples of the material,
Identifying the location of other projects in similar locations whlch have made use of the alternate
material, and describing the terms and conditions of the minimum 20 year warranty.
(c) The driveways for each Lot shallf be constructed of exposed aggregate concrete (stone and
cement Mix) with a minimum width of ten (10) feet and a minlnwm thickness of four (4) inches.
Exceptions may be granted in writing by and at the sole discretion of Declarant or Commillee.
(d) Except roc sbuctures erected by the Declarant or the Committee, no structure erected upon
any Lot may be used as a model exhibit or a model house unless prior willen permission to do
so has been obtained from the Declarant or Committee.

BOOK 1 2 3 5 PAGE 0. 3
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 9 OF 15
(e) All Lots, whether occupied or unoccupied, shall be kept well maintained, and no unattractive
growth of nuisance vegetation or accumulation of rubbish or debris shall be permitted. The
growth of native vegetation on Lots provides erosion protection to the Properly and shall be
protected and maintained, and removal of any native, living vegetation with a diameter at breast
height of 3" or greater will not be permitted, except as may be required in conjunction with
construction, maintenance, or landscaping activities approved by the Declarant or Committee.
In the event that native vegetative growth, as described above, is inappropriately removed from
any Lot by or through the actions of an Owner or his agents, the Declarant or Committee may
require the replanting or replacement of such damaged vegetation, the full cost thereof, including
legal fees, costs and expenses incurred by the Declarant or Committee, will be the responsibility
of the Owner of said Lot. Likewise, the Owner responsible for the unauthorized damage to
native vegetation on Lot(s) ovAied by others will be responsible for the full cost of such offsite
replanting/replacement as may be required by the Declarant, Committee or affected Owier(s).
(f) No mobile home, trailer, camper, tent, or any temporary house, garage or other outbuilding
shall be placed or erected on any Lot, provided however that the Declarant or Committee may
grant permission for temporary structures for storage of materials during construction. No such
temporary structure as may be approved shall be used at any time as a residence.
(g) Any dwelling or Improvement on any Lot which is destroyed, In whole or in part, by fire or
other natural or man induced/created casually, must be rebuilt or all debris removed and Ihe;Lot
restored to a sightly condition with reasonable promptness. Except with the written approval of
the Declarant or Committee, in no event shall such debris remain on a Lot for a period longer
than one hundred and twenty (120) days after the dale of the event when damage first occurred.
In the event the affected Owner fails to clean the Lot in a timely manner or obtain approval for
delays from the Declarant or Committee, the Declarant or Committee shall have the right to
enter upon lice Lot and arrange for the removal and disposal of said debris. In such an instance,
the affected Owner would be responsible for all costs, fees, legal expenses and other reasonable
and applicable charges, and Declarant or Committee could exercise lien rights as described in
Article IV of these Declarations.
(h) During construction of Improvements on any Lot, the Owner shall be responsible for
providing adequate portable sanitary toilets for use by (lie construction crew, and said sanitary
facilities shall be regularly serviced so as to be maintained In a clean and odor free condition.
Additionally, during construction on any Lot, the Ovnrer of said Lot shall provide for lernporary
trash dumpsters and assure that the Lot is cleaned of excess debris on at least a weekly
frequency. Storage of trash within temporary dumpsters shall not extend over the top of the
durnpster container, and when said dumpsters are fully loaded they shall be removed and
replaced with empty dumpsters as may be required.
(i) The design, size, and location of containers for the collection and removal of garbage, trash
and other like household refuse shall be subject to and shall require approval by the Declarant or
Committee. All containers used to store trash shall be enclosed in such a manner as to prevent
view of such containers from the public street, the beach area, and from any adjacent Lot.
Q) No trash, ashes, garbage or other refuse shall be dumped, sl4erd, or accumulated on any Lot
or other area within the boundary of the recorded plat of Ocean Sound Village.
(k) No stripped, partially wrecked, or junked motor vehicle, trailer, or boat, or part thereof, shall
be permitted to be parked or stored on any Lof. All motor vehicles, trailers and/or boats of any
type kept on a Lot shall be operational and have current registration and inspection certificates.
(1) All recreational equipment and personal property other than automobiles and bicycles must
be stored in such a manner as not to be visible from any street, from the beach, or to the
occupants of other Lots.
(m) No vehicle of any type ehall be parked on any street, swale area, or in any Common
Improvement easement area within the Property. Except as may otherwise be approved in
conjunction with construction activities, no truck nor other vehicle in excess of a one -ton load
capacity, nor any mobile home, trailer, camper or similar vehicle, motorcycle, or boat shall be
parked or kept overnight or longer on any Lot in such a manner as to be visible to the occupants
of other Lots or the users of any street or beach areas.
(n) All fuel storage tanks shall be buried below the surface of the ground or enclosed above
ground in an approved and environmentally safe manner so as to protect the soils, and ground
and surface waters from any adverse impacts resulting from such storage and/or use. The
installation and maintenance of any such facilities shall be performed in strict accordance wilh
local and state environmental standards.

BOOK 12 3 5 Pace 614
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 10 OF 15
(o) All mechanical equipment (e.g. pool filter and/or heater and air conditioning unit) shall be
screened (by approved lattice or fencing, etc.) or otherwise situated on a Lol.as to not be visible
from the street, beach area, or to the occupants of other Lots.
(p) No outdoor clotheslines shall be permitted, and no clothes, towels or other objects shall be
hung to dry on the exterior of the house or over any fences or railings on the Lot.
(q) Each Owner is responsible for the maintenance and upkeep (for aesthetic and drainage
purposes) of the roadside swale area (i.e. the area between the property line and the edge of the
roadway pavement) located on his respective Lot except for those swale areas along Soundview
Lane which are considered to be Common Improvements and shall be the equal financial
responsibility of the Owners of all Contributing Lots.
(r) No mail or paper box or other receptacle of any kind for use in conjunction with the delivery
of mail, newspapers, magazines, or similar materials shall be erected or located upon any Lot or
adjacent Swale area except such receptacle or standard design as shall have been approved by
the Declarant or Committee.
(s) No signs, billboards or other advertising structure of any kind may be erected or maintained
upon any Lot at any lime, except for advertising signs to be provided by the Declarant during the
three year period following plat approval. After the initial three year period, typical "For Sale"
signs will be allowed to be installed by any Owner on his Lot provided said signs conform to;the
number, size, and details to be identified by lire Declarant or Committee.
Nothing in this section will prohibit the installation of construction Identification signage, as may
be approved by the Declarant or Committee, which will indicate the Lot number and name of the
builder, engineer, and architect. No more than two construction Identification signs will be
allowed for any Lot, such signs shall be no larger than 48" by 48", and each sign provided shall
be securely supported by two 4" by 4" wooden posts, or other acceptable means. Construction
identification signage cannot be installed until plans for construction are approved by the
Declarant or Committee, and the signs must be removed within six months of completion of the
work, or within no more than 18 months after plan approval, whichever situation occurs first.
(t) No radio station or short wave operator of any kind shall operate from any Lot or residence
without the prior written approval of the Declarant or Committee. All radio, television or other
antenna installations shall be approved in writing by the Declarant or Committee before the
antenna is installed.
(u) All dwelling connections for all utilities, including but not limited to, water, sewer, natural gas,
electricity, telephone, and television shall be run underground from the proper connecting points
to the dwelling structure in such a manner as to be acceptable to the appropriate utility authority.
The Declarant has previously paid utility authority for underground electric service for the
Properly, and additionally has paid utility authority a deposit of $200.00 for each Lot. If
construction of a residential dwelling on any Lol(s) is initiated within a three year time period
from the date of the underground utility service agreement, Declarant shall be entitled to the full
amount of any refund paid by the utility authority for electrical service deposit for said Lol(s).
The Declarant has previously reserved water and sewer service connections for all Lots within
the Ocean Sound Village project, and has extended water and sewer mains along Ilse project
roadway adjacent to each Lot. Owners are individually responsible for arranging for water and
sewer service connection to their Lot (including extensions from the adjacent water mains and
sewer lateral stub -outs) and providing any deposits and meter charges for such service as may
be required by the utility authority.
(v) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot. The
sole exception to this Section Is that each Owner may keep a total of two (2)' dogs, cats or other
similar domesticated household: pets per household, provided that such pets do not constitute a
danger or nuisance to other Owners or to the neighborhood. Except for cats, all domestic pets
shall be kept on a leash, or otherwise maintained In a secure fenced area, when outside the
residence and each Owner shall be responsible for picking up any droppings from their pets
which are deposited on the road right-of-way, beach area, or on other Owner's property.
(w) The erection of fences, walls, and/or other enclosures shall not be permitted unless
approved by the Declarant or Committee. No chain link fences shall be permitted unless vinyl
coated at the time of manufacture, and the entire exterior exposure of such fence, except for a
limited number of approved gale openings, shall be hidden from view from boll) the street, Lots,
and beach area by a continuous hedge of native plant materials planted at no greater than three
(3) feet on center and two (2) feet in height at the time of planting..

BOOK 1235'PAJE 615
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 11 OF 15
(x) No window air conditioning or fan units shall be installed or placed in the side or front (facing
the adjacent street) of any structure.
(y) The Stale of North Carolina, in accordance with its coastal storm water rules, has limited the
amount of impervious surfaces that may be constructed, placed or installed on any Lot. The
Stale of North Carolina (hereinafter referred to as State) defines impervious surfaces utilized for
such purposes as areas covered by structures and/or paved surfaces, including but not limited to
walkways or patios of brick, stone, slate or similar materials. The definition of impervious
surfaces as utilized by the Stale Department of Environmental Management, as the same may
be amended from time to time, is hereby incorporated by reference. Pursuant to Stale approval
of Storrnwater Project No. 931220, no Lot, or portion thereof, at Ocean Sound Village shall have
constructed or used thereon impervious areas or surfaces greater than 8,219 square feet (or Ilse
pro-rala share thereof) or as may otherwise be limited by applicable regulations.
This covenant is intended to insure continued compliance with stormwater runoff rules adopted
by the State and, therefore, benefits may be enforced by the Stale of North Carolina. Provided,
however, that nothing in these covenants shall prohibit Declarant or Committee from exceeding
density limits through permits properly obtained through Slate Slormwater Rules. Any of the
provisions of this instrument may be amended, modified, or terminated to comply with
stormwater rules now or hereafter adopted by the State by an inslrurnent in writing executed by
Declarant or Committee, its successors or assigns, with notification of such action to be provided
to the Owner of each Lot at the address listed in the public records of Onslow County. i
ARTICLE VII ' ESTABLISHMENT AND RIGHTS OF THE COMMITTEE
Section 1. Establishment of the Committee. Until the Declarant assigns its rights and
obligations under this Declaration, Declarant shall retain all rights, powers, and obligations of tine
Committee, and shall in all respects constitute the Committee.
At such time (herein identified as the Turnover Dale) as the Declarant, it successors or assigns,
shall deem it appropriate, the Declarant shall relinquish and assign all of its rights and obligations
under the Declaration to a Committee (throughout this Declaration known as the "Committee").
This Committee shall be vested with the powers and shall be governed by the terns and
conditions of these Restrictions and shall be charged with the supervision of the maintenance
and repair of the Common Improvements and public roadwayslmprovemenls (to Ilse extent
required by the failure of public agencies to provide such necessary repairs(mprovements),
,imposing and collecting assessments, and the maintenance and supervision of the landscape,
access and utility easements which are shown on any recorded subdivision plat of the Property.
Section 2. Initial Membership of the Committee. The initial Committee, consisting of five (5)
Owners, one of which may be Declarant if Declarant still owns one or more Lots, shall be
appointed by the Declarant on the Turnover Date for a term of one (1) year.
Section 3. Subsequent Membership of the Committee. After the term of the initial members
of the Committee has expired the membership of the Comrnittee'rshall be selected annually by
the Owners of Contributing Lots (on a one vole per Lot basis) at the annual meeting of the
Owners. The annual meeting of the Owners shall be called by the Committee, giving voitlen
notice thereof, not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting setting forth the dale, time, place and purpose(s) of the meeting.
The quorum required for any action under this Article shall be as follows:
(a) At the first meeting called, as provided above, the presence at the meeting of Owners, either
in person or by proxy, entitled to cast forly percent (40%) of all the voles entitled to be cast shall
constitute a quorum; and,
(b) If the required quorum is not forthcoming at said meeting, another meeting may be called,
subject to the notice requirements set forth above, and the required quorum at such subsequent
meeting shall be one half (112) of the required quorum at the preceding meeting called for the
same purposes, provided that such subsequent meeting shall not be held more than sixty (60)
days folloWng the preceding meeting. Any lie voles at an effective meeting shall be broken by
random methods such as the drawing of lots or by the flip of a coin.
Section 4. Continuing Obligations of Declarant after Establishment of Committee. After
the Turnover Dale, when the Declarant assigns its rights and obligations under this Declaration to
the said Committee, the Declarant shad have no further obligations or rights under this
Declaration except for those which arise out of the fact that he retains ownership of any Lot in
the Property.

BOOK 12 � 51'0A[ G 15
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 11 OF 15
(x) No window air conditioning or fan units shall be installed or placed in the side or front (facing
the adjacent street) of any structure.
(y) The State of North Carolina, in accordance with its coastal storm water rules, has limited the
amount of impervious surfaces that may be constructed, placed or installed on any Lot. The
State of North Carolina (hereinafter referred to as Slate) defines impervious surfaces utilized for
such purposes as areas covered by structures and/or paved surfaces, including but not limited to
walkways or patios of brick, stone, slate or similar materials. The definition of impervious
surfaces as utilized by the Stale Department of Environmental Management, as the same may
be amended from time to time, is hereby incorporated by reference. Pursuant to State approval
of Stounwaler Project No. 931220, no Lot, or portion thereof, at Ocean Sound Village shall have
constructed or used thereon impervious areas or surfaces greater than 8,219 square feel (or the
pro-rata share thereof) or as may otherwise be limited by applicable regulations.
This covenant is intended to insure continued compliance with stormwater runoff rules adopted
by the Stale and, therefore, benefits may be enforced by the State of North Carolina. Provided,
however, that nothing in these covenants shall prohibit Declarant or Committee from exceeding
density limits through permits property obtained through Stale Slormwaler Rules. Any of the
provisions of this instrument may be amended, modified, or terminated to complywith
storrnv✓ater rules now or hereafter adopted by the State by an Instrument In writing executed by
Declarant or Committee, its successors or assigns, with notification of such action to be provided
to the Owner of each Lot at the address listed in the public records of Onslow County. i
ARTICLE VII' ESTABLISHMENT AND RIGHTS OF THE COMMITTEE
Section 1. Establishment of the Committee. Until the Declarant assigns Its rights and
obligations under this Declaration, Declarant shall retain all rights, powers, and obligations of the
Committee, and shall in all respects constitute the Committee.
At such tittle (herein identified as the Turnover Dale) as the Declaranl, it guccessors or assigns,
shall deem it appropriate, the Declarant shall relinquish and assign all of Its rights and obligations
under the Declaration to a Committee (throughout this Declaration known as the "Committee").
This Committee shall be vested with the pourers and shall be governed by the terms and
conditions of these Restrictions and shall be charged with the supervision of the maintenance
and repair of the Common Improvements and public roadways(mprovements (to the extent
required by the failure of public agencies to provide such necessary repairs/improvernenls),
imposing and collecting assessments, and the maintenance and supervision of the landscape,
access and utility easements which are shown on any recorded subdivision plat of the Property.
Section 2. Initial Membership of the Committee. The initial Committee, consisting of five (5)
Owners, one of which may be Declarant if Declarant still owns one or more Lots, shall be
appointed by the Declarant on the Turnover Date for a term of one (1) year.
Section 3. Subsequent Membership of the Committee. After the term of the initial members
of the Committee has expired the membership of the Committee'rshall be selected annually by
the Owners of Contributing Lots (on a one vote per Lot basis) at the annual meeting of file
Ovmers. The annual meeting of the Owners shall be called by the Committee, giving writlen
notice thereof, not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting setting forth the date, time, place and purpose(s) of tine meeting.
The quorum required for any action under this Article shall be as follows:
(a) At the first meeting called, as provided above, the presence at the meeting of Owners, either
in person or by proxy, entitled to cast forty percent (40%) of all the votes entitled to be cast shall
constitute a quorum; and,
.f
(b) If the required quorum is not forthcoming at said meeting, another meeting may be called,
subject to the notice requirements set forth above, and the required quorum at such subsequent
meeting shall be one half (1/2) of the required quorum at the preceding meeting called for the
same purposes, provided that such subsequent meeting shall not be held more than sixty (60)
days following the preceding meeting. Any tie votes al an effective meeting shall be broken by
random methods such as the drawing of lots or by the flip of a coin.
Section 4. Continuing Obligations of Declarant after Establishment of Committee. After
the Turnover Date, when the Declarant assigns Its rights and obligations under this Declaration to
the said Committee, the Declaranl shall have no further obligations or rights under this
Declaration except for those which arise out of the fact that lie retains ownership of any Lot in
the Property.

uom 1235PAGE 616
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 12 OF 15
ARTICLE VIII " UTILITY, LANDSCAPING, AND ACCESS EASEMENTS
Section 1. Landscape, Drainage and Access Easements. The landscape, drainage and
access easements shown on the recorded plat for Ocean Sound Village are considered to be
areas of Common Improvements, and although located on private Lots, are Intended to benefit
all of the Owners. The Declarant or Committee have the right to enter onto said easement areas
and provide repairs and/or improvements thereon and thereto which will benefit the overall
development plan for Ocean Sound Village. Except with the written approval of the Declarant or
Committee, the Owners of Lots which contain such easement areas shall not perform
maintenance activities, or provide or place any strictures, plantings, or other materials which
may damage or interfere with the use of said easements including actions which may retard,
obstruct, or reverse the flow of water or which may damage or interfere with established slopes
or otherwise create erosion problems.
Section 2. Wetland Areas Reserved for Drainage Purposes. The wetland areas on each "B-
Line" Ocean Lot as identified on the recorded plat, or subsequently revised pursuant to approval
by the responsible regulatory agencies, are reserved for drainage purposes including the current
drainage contribution of offsite roadway and offsite property discharging to such areas. Except
with the written approval of the Declarant or Committee, and subject to local, stale and/or federal
environmental permitting conditions, the Owners of Lots which contain such wetland areas shall
not perform maintenance activities, or provide or place any structures, plantings, or other
materials which may damage or interfere with the use or environmental benefit of such areas
including actions which may retard, obstruct, or reverse the flow of water or which may damage
or interfere with established slopes or otherwise create erosion problems.
Section 3. Underground Utilities. Driveways, walkways, and patios may cross easements for
underground utility services if approval is granted by the Declarant or Committee, and
appropriate arrangements are made with the affected utility company. Easements for
underground services have been appropriately placed on the recorded plat so as not to interfere
with other improvements, Including buildings and paved areas, and any additional easements
shall be similarly located. In the case where such improvements cross over/onto an easement
area, Lot Owner providing such improvements shall be responsible for the design and installation
costs of providing appropriate conduit crossings under such improvements to allow for future
timely and cost effective extension of utilities to adjacent Lots with minimal disturbance to
improvements.
Neither Declarant, Committee, nor any utility company using the utility easements shall be liable
for damage done to special paving or decking, or to shrubbery, trees, flowers or other plantings
within the easement should installation, repairs and/or replacement of such underground facilities
be required.
Section 4. Streets and Public Access Easement. Any Owner and their guests shall have lire
right to use the streets within the Property as designated on the recorded plat for access to his
Lot. All police, fire, ambulance, utility company representatives, and mail and delivery services
shall also have the right to enter onto the streets shown on the recorded Plat in performance of
their duties. These rights will remain whether or not the streets o'n, the Plat witch are currently
dedicated for public use are subsequently vacated and limited to private use.
The streets shown on the recorded Plat are also Intended and approved for use for utility and
drainage purposes. Except for driveway connections and any associated swale crossing
improvements, connections to underground utilities, and the installation of mail boxes and other
approved receptacles, Owners are not permitted to construct any Improvements within the right
of way of any streets within the Properly. Owners are, however, responsible for the ongoing
maintenance and care of the swale/landscape area Wthin the road right-of-way extending along
each respective Lot frontage from the street right-of-way line to the edge of the pavement.
The public access easement shown on the plat extending from Oceanvievw Lane to the beach
area is provided for the benefit and is available for the use of all Owners and their guests.
Owners are advised that no parking of vehicles along the roadway, swale area, or Lots owned by
others adjacent to this easement area is permitted. Declarant has caused to be permitted and
has installed a boardwalk and dune cross -over walkway within the public access easement to
allow for safe and environmentally sensitive access to the beach areas wilhout damaging the
dunes or the beach front vegetation. Owners of all Lots, and particularly Owners of "B-Line"
Ocean Lots are hereby notified that the boardwalk and/or cross -over walkway within the public
access easement do not provide fully accessible handicap ingress or egress to/from the beach
area. Owners of "A -Line" Ocean Lots may create any such required handicap access to/from lice
beach area on their individual Lots, for their own use and/or for Ilre benefit of their guests,
pursuant to written approval by the Declarant or Committee and permits from the appropriate
regulatory agencies.

BOOK 12 3 5 04bt 617
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 13 OF 15
ARTICLE IX " CERTAIN RIGHTS OF DECLARANT
Notvdlhstanding anything to the contrary herein contained, no Improvements constructed or
installed by Declarant shall be subject to the approval of the Committee or the provisions and
requirements of this Declaration, although It is the intent of Declarant to create a community with
a common scherne and sense of quality development. Notwithstanding the other provisions of
this Declaration, Declarant reserves and Declarant and its nominees shall have the right to enter
into and transact on lire Property any business necessary to consummate the sale, lease, or
encumbrance of homes or real property including, but not limited to, the following rights: to
maintain models and a sales and/or leasing office; place signs, employ sales and leasing
personnel, use the Property and show the homes and Lots; and, to make repairs to the Property
and to carry on or otherwise cause construction activities for the benefit of the Property.
Declarant and its nominees may exercise the foregoing rights vdlhoul notifying the Committee or
Owners.
This Article may not be suspended, superseded, or modified in any manner, In whole or in part,
by any amendment to this Declaration unless approved in writing by the Declarant. For the
purposes of this Article, the term "Declarant" shall include any "Lender" which has loaned money
to Declarant to acquire or construct improvements upon the Property or Its successor and
assigns if such Lender, its successors or assigns, acquires title to any portion of the Property as
a result of the foreclosure of any mortgage thereto or by deed In lieu of foreclosure. The rights
and privileges of Declarant as set forth In this Article, shall terminate upon Declarant no longer
ovniing any portion of the Property (and having any equitable or legal interest therein) or upon
such earlier date as Declarant shall notify the Committee in writing of Declaranl's voluntary
election to relinquish the aforesaid rights and privileges.
ARTICLE X " INDEMNIFICATION
Declarant and each and every mernber of the Committee, specifically Including but not limited to
Declarant's agents and designated members of the Committee, shall be Indemnified by the
Owners or any other person against all costs, expenses, and liabilities related to duties and
powers pertaining to these Restrictions. Such indemnification shall include legal fees,
reasonably incurred by or imposed upon the Declarant or Declaranl's agents and/or each and
every member of the Committee in connection with any proceeding, litigation, or settlement in
Which such party becomes involved by reason of being or having been a member of the
Committee or party responsible for implementing, interpreting or enforcing these Restrictions.
With regard to the Committee, the foregoing provisions for indemnification shall apply whether or
not the party in question is a member of the Committee at the time such expenses are incurred.
Notwithstanding the above, in instances where the Declarant or member of the Committee
admits or is adjudged guilty of willful misfeasance or malfeasance in the performance of his
duties, the indemnification provisions of these Protective Covenants shall not apply. In all other
instances, gre aforementioned rights to Indemnification shall be in addition to and not exclusive
of any and all right of indemnification to Which a Declarant and member of the Committee may
be entitled, whether by statute or common law. , r
ARTICLE XI' GENERAL PROVISIONS
Section 1. Duration and Amendment. The covenants and restrictions of this Declaration run
with and bind the land, and shall inure to the benefit of and be enforceable by the ovmer of any
Lot, subject to this Declaration, their respective legal representatives, heirs, successors and
assigns, for a term of thirty (30) years from the date this Declaration is recorded. Al the end of
the initial thirty year period said covenants shall be automatically extended for successive
periods of ten (10) years each unless an instrument signed by not less than Iwo -thirds (2/3) of the
Lot Owners has been recorded, agreeing to terminate or change said covenants and restrictions
in part or in whole, provided, however, that no such agreement to terminate or change shall be
effective unless written notice of the proposed agreement is sent 10 every Owner at least ninety
(90) days in advance of any such action to be taken.
Unless specifically prohibited herein, this Declaration may be amended by an instrument signed
by not less than ninety percent (90%) of the Owners of all Contributing Lots (on a one vole per
Lot basis or a pro-rata share thereof) at any time until the end of the Initial thirty (30) year term,
and thereafter by an instrument signed by not less than two-thirds (2/3) of the Owners of all
Contributing Lots (on a one vote per Lot basis or a pro-rata share thereof). Any amendment to
these Restrictions as processed in the manner described above must be property recorded in the
Official Records of Onslow County to be effective.

BOOK 12 3 J PAGE 618
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 14 OF 15
Notwithstanding anything to the contrary herein contained, until the Turnover Date all
corrections, deletions, amendments and/or modifications of this Declaration may be made by the
Declarant, acting alone, without prior notice, input, or consent of the Owners so long as such
amendments or modifications do not impair the common plan of development of Ocean Sound
Village. Any proposed revisions to these Restrictions which are considered by the Declarant, in
its sole discretion, to be a significant modification to any of the terms and/or conditions thereof
shall be subject to the prior review and written approval of not less than fifty-one percent (51%)
of the Owners of all Contributing Lots (on a one vote per Lot basis or a pro-rata share thereof).
Unless otherwise previously approved in writing by at least fifty-one percent (51%) of the Owners
of all Contributing Lots, in order for any such significant modifications to this Declaration to
become provide
wners with 115 ays poor
amendments f alnd shall thereafter llreco d saidlreOvis revisions in the Offiwritten
cial Records of Onslow County.
Section 2. Remedies. Enforcing compliance by Owners with the Restrictions contained herein
may be provided as identified below.
(a) The Declarant or the Committee shall provide notification of a known or suspected violation
of these Restrictions to the Owner of the Lot upon which such violation or breach of the
Restrictions exists, or is suspected of existing. The Owner of said Lot shall have thirty (30) days
to resolve and remedy the violation or breach or provide written documentation specifically
identifying the reasons why such conditions do not result in a violation or breach of the
Restrictions. Except as provided in Subsections (b) and (c) below, every Owner will be given a
fair and reasonable opportunity to address and resolve the known or suspected violation in a cost
effective manner. For violations which are considered to be minor or non -threatening to the
value of other Lots and/or safely of the Owners or general public, in the sole discretion of the
Declarant or Committee, the Owner will be given additional time to remedy the problem if such
additional time is reasonably needed to provide a complete and cost effective solution.
(b) Notwithstanding the above, any violation or breach of the Restrictions which is considered by
the Declarant or Committee to pose an unreasonable annoyance, nuisance and/or safety hazard
for the other Owners must be immediately resolved or abated by the Owner of the Lot where
such violation exists upon verbal notice by the Declarant or Committee. In the event that the
Owner of the Lot where such aforementioned serious violations exist cannot be reached by
telephone or other means of electronic communication, the Declarant or the Committee reserve
the right to immediately enter upon such Lot to provide the minimum amount of abatement
required, in the sole discretion of the Declarant or Committee, to eliminate the unreasonable
annoyance, nuisance or safety hazard.
(c) Any illegal activities on any Lots which are observed by the Declarant or the Committee shall
be brought to the attention of the Owner or the Owner's legal representatives or agents. Any
such actions which are not immediately ceased by the Owner of such Lot or the Owner's
representatives or agents shall be considered grounds for the Declarant or Committee to provide
notification of such illegal actions to the appropriate governmental agencies and seek regulatory
enforcement of such violations to the full extent provided by law.
(d) Violation or breach of any Restriction shall give the Declarant, or the Committee, their
respective legal representatives (including any experienced and qualified professionals and/or
contractors necessary to evaluate and/or remedy the defect), heirs, successors and assigns, in
additional to all other remedies, the right, upon fifteen (15) days written notice, to enter upon the
land upon or as to which such violation or breach exists, and summarily to abate and remove
any erection, thing or condition that may be or exist thereon contrary to the intent and meaning
of the provisions hereof, and/or replace any native vegetation etc. vdtich may have been
inappropriately damaged or removed.
(e) Any entry or actions required to be taken by the Declarant or Committee, including their
respective legal representatives, heirs, successors and assigns, as described in this Section will
be performed at the expense of the Owner of the Lot whereon such violation exists.
Furthermore, any person entering upon the Lot in the manner and for the purposes described
above shall not be deemed guilty of any manner of trespass, or be liable for any damage for
such entry, abatement, removal, repair, or replacement.
(f) Any Owner may advise the Declarant or Committee of any known or suspected violation or
breach of these Restrictions by providing written notice identifying (and to the extent practicable
documenting) the problem(s) and request the Declarant or Committee to evaluate, address and
remedy such problem(s).
(g) Any Owner shall have the right to enforce these Restrictions by any proceeding at law or in
equity, against any person or persons violating or attempting to violate any Restriction, to
restrain violations, to require specific performance and/or to recover damages, and against the

Bou 1235PAGE 619
DECLARATION OF VESL COVENANTS CONDITIONS,
o ITION UNTY,N, AND ND RETH STRICTIONS
OCEAN APRIL, 1995 ! ,
EXHIBIT "A"
ADDITIONAL SETBACK REQUIREMENTS
FOR CERTAIN
'A -LINE" OCEAN LOTS AT OCEAN SOUND VILLAGE
In order to protect the integrity and aesthetic values of the prirnary dune system located 310110
the beach front exposure of the "A -Line" Ocean Lots at Ocean Sound Village, Declarant hereby
establishes additional minimum rear setback requirements, as measured from the CAMA
Setback Lines as illustrated on the recorded Plat as prepared by Parker and Associates, Inc., and
as recorded In Map Book 32, Page 47, Slide f-35, Onslow County Registry. Whereas no
construction of residential dwellings shall extend beyond the revised setback limits established
pursuant to these additional restrictions, these restrictions are not intended to prohibit the
construction of decks, walks, and/or dune moss -over structures whlch are otherwise allowed by
regulatory agencies exerting jurisdiction over such conshuction.
The additional minimum rear setback distances for the affected Lots, to be measured from the
CAMA Setback Lines shown on the Plat towards Oceansound Lane, are listed below.
ADDITIONAL MINIMUM REAR SETBACK REQUIREMENTS AS MEASURED
LOT NO. FROM THE CAMA SETBACK LINES SHOWN ON THE RECORDED PLAT.
LOT-7
5'
LOT-8
15'
LOT-9
25'
LOT-10
30'
LOT-11
35'
LOT-12 35'
LOT-13 30,
LOT-14 30'
LOT•15 30'
LOT-16 25'
LOT-17 20'
LOT-18 20'
LOT-19 20'

BOOK 12 3 5 PAGE 620
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 15 OF 15
land to enforce any lien created by this Declaration. The expense of enforcement shall be
chargeable to the Owner of the Lot violating these Restrictions and shall constitute a lien on the
Lot, collectible in the same manner as assessments hereunder.
(h) Nothing herein contained shall be deemed to affect or limit the right of any Owner to enforce
the Restrictions by appropriate Judicial proceedings.
Section 3. Notices. Any notice required to be sent to any Owner under any of the provisions of
this instrument shall be deemed to have been property sent when mailed, postpaid, to the last
known address of the person who appears as the Owner on the records of the Declarant or
Committee at the time of such mailing. Accordingly, each Owner shall assume full responsibility
of notifying Declarant or Committee, as appropriate, of any change in the ownership of any Lot
they now own (or previously owned) or In the change In the mailing address of any Owner.
Section 4. Assignability. Declarant, it successors and assigns, shall at all times have the right
to fully transfer and assign any or all of Its rights pnd powers under this Declaration.
Section 5. Non -Waiver. The failure of the Declarant, the Committee, or any Owner, or their
respective legal representatives, heirs, successors and assigns, to enforce any Restrictions
contained in this Declaration shall in no event be considered a waiver of the right to do so
thereafter, as to the same violation nor breach or as to such violation or breach occurring prior or
subsequent thereto.
I
Section 6. Variances. The Declarant or Committee, in its sole discretion, may allow written
variances and adjustments of these restrictions In order to alleviate practical difficulties and
hardship in their enforcement and operation or as otherwise deemed appropriate by Declarant or
Committee. To be effective, a variance hereunder shall: be executed by Declarant or
Committee, if applicable; refer specifically to this Declaration; and, be recorded In the Onslow
County Register of Deeds Office.
Section 7. Severability. All of the covenants, conditions, restrictions, reservations and
attached exhibits contained in or referenced by this Declaration are hereby declared to be
severable and a finding by any court of competent jurisdiction that any of them or any clause or
phrase thereof is void, unlawful, or unenforceable shall not affect the validity or enforceability of
any other covenants, conditions, restrictions, reservations, or clause or phrase thereof.
Section 8. Gender. Any tacit or implied reference to male or female gender included in this
Declaration shall be considered to be fully Interchangeable and shall not be considered to restrict
the participation or protection of any gender of person from the rights provided by and through
this Declaration. Furthermore, any reference to a person or persons herein shall be assumed to
include reference to any other legal entity such as a corporation or a partnership.
Section 9. Applicable Law and Attorney's Fees. This Declaration shall be controlled,
construed, and enforced in accordance with the laws of the Slate of North Carolina. Venue for
any proceeding or litigation arising out of this Declaration shall be in Onslow County, North
Carolina. In the event of litigation arising out of any of the terms or provisions of this
Declaration, the prevailing party shall be entitled to recover all, posts and expenses incurred,
including reasonable attorney's fees, at all trial and appellate levels.
IN WITNESS WHEREOF, Declarant has executed this instrument on the day and year first
above written.
OCEAN -SOUND
h� f> :
r ra j._ .ry : BY:
qC dkiIOI ATE SEAL]
ATTEST BY:
CARICEL F. DASEN, Secretary
PRESIDENT

BOOK 1 2 3 5 PAGE 620
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OCEAN SOUND VILLAGE, ONSLOW COUNTY, NORTH CAROLINA
APRIL, 1995 - PAGE 15 OF 15
land to enforce any lien created by this Declaration. The expense of enforcement shall be
chargeable to the Owner of the Lot violating these Restrictions and shall constitute a lien on the
Lot, collectible in the same manner as assessments hereunder.
(h) Nothing herein contained shall be deemed to affect or limit the right of any Owner to enforce
the Restrictions by appropriate Judicial proceedings.
Section 3. Notices. Any notice required to be sent to any Owner under any of the provisions of
this instrument shall be deemed to have been property sent when mailed, postpaid, to the last
known address of the person who appears as the Owner on the records of the Declarant or
Committee at the time of such mailing. Accordingly, each Owner shall assume full responsibility
of notifying Declarant or Committee, as appropriate, of any change in the ownership of any Lot
they now own (or previously owned) or in the change in the mailing address of any Owner.
Section 4. Assignability. Declarant, it successors and assigns, shall at all times have the right
to fully transfer and assign any or all of Its rights and powers under this Declaration.
Section 5. Non -Waiver. The failure of the Declarant, the Committee, or any Owner, or their
respective legal representatives, heirs, successors and assigns, to enforce any Restrictions
contained in this Declaration shall in no event be considered a waiver of the right to do so
thereafter, as to the same violation nor breach or as to such violation or breach occurring prior or
subsequent thereto.
I
Section 6. Variances. The Declarant or Committee, in its sole discretion, may allow written
variances and adjustments of these restrictions in order to alleviate practical difficulties and
hardship in their enforcement and operation or as otherwise deemed appropriate by Declarant or
Committee. To be effective, a variance hereunder shall: be executed by Declarant or
Committee, if applicable; refer specifically to this Declaration; and, be recorded In the Onslow
County Register of Deeds Office.
Section 7. Severability. All of the covenants, conditions, restrictions, reservations and
attached exhibits contained in or referenced by this Declaration are hereby declared to be
severabie and a finding by any court of competent jurisdiction that any of them or any clause or
phrase thereof is void, unlawful, or unenforceable shall not affect the validity or enforceability of
any other covenants, conditions, restrictions, reservations, or clause or phrase thereof.
Section 8. Gender. Any tacit or implied reference to male or female gender included in this
Declaration shall be considered to be fully interchangeable and shall not be considered to restrict
the participation or protection of any gender of person from the rights provided by and through
this Declaration. Furthermore, any reference to a person or persons herein shall be assumed to
include reference to any other legal entity such as a corporation or a partnership.
Section 9. Applicable Law and Attorney's Fees. This Declaration shall be controlled,
construed, and enforced in accordance with the laws of the Slate of North Carolina. Venue for
any proceeding or litigation arising out of this Declaration shall be in Onslow County, North
Carolina. In the event of litigation arising out of any of the terms or provisions of this
Declaration, the prevailing party shall be entitled to recover all,gosts and expenses Incurred,
including reasonable attorney's fees, at all trial and appellate levels.
IN WITNESS WHEREOF, Declarant has executed this instrument on the day and year first
above written.
v OCEAN -SOUND
fir
BY:
LES
[12100. 012ATE SEAL]
ATTEST BY:
14 4ai . )4-
CARICEL F. DASEN, Secretary
PP3
DER, PRESIDENT

uoux 1235 04F 2
STATE OF // 1o. 12 )9- _
COUNTY OF 1 ,n
I, a Notary Public of said County and State, do hereby certify that CARICEL F. DASEN
personally appeared before me this day and acknowledged that (s)he is Secretary of OCEAN -
SOUND VILLAGE, CORP., a North Carolina 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 its Secretary.
Witness m hand and seal this Writ (lay of April, 1995.
Notary Public
My Commission Expires: D 9f ELIZABETHINIITO
p c My Comm. EIp.12-10.95
rf o¢ Bonded By Service lee. CO.
CC 1669fr7
NORTH CAROLINA. Onsww Covtin
The foregoing certificate(s) of _
Notary(ies) Public is (ere) certified to be correct. This instrument wee presented for registration and recorded in this office in
Book Page This day of
at o'clock M.
a.rn...f o.er. ovt— Cw.y
In
By
.qn.w
(J