SW8980731_HISTORICAL FILE_20090629

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW(��
DOC TYPE
❑ CURRENT PERMIT
❑ ' APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE-
YYYYMM DD

X�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 29, 2009
Mssrs. Harry Rickenbacker and William Taylor, Partners
Wellington Place, LLC
PO Box 827
Shallote, NC 28459
Subject: NOTICE OF INSPECTION
Wellington Place Townhouses
Permit No. SW8 980731
Brunswick County
Dear Mssrs. Rickenbackers and Taylor:
On June 15, 2009, David Cox of the Wilmington Regional Office of the Division of Water Quality
(DWQ) inspected Wellington Place Townhouses in Brunswick County to determine compliance
with Stormwater Management Permit Number SW8 980731 issued on May 1, 1999. DWQ file
review and site inspection revealed that the site is not compliant with the terms and conditions
of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Submit a complete renewal application package to DWQ including a renewal
application, O&M verification or new O&M form, and processing fee. The renewal form
can be found at http://h2o.enr.state.nc.us/su/StateSWRenewalApplicationSWU-
102. Doc. Doc
Please inform this Office in writing before July 29, 2009, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by July 29, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sinc ly,
David Cox
Environmental Senior Specialist
Enclosure: Compliance Inspection Report
GDSldwc: S:IWQSISTORMWATERIINSPECT1980731.jun09
cc: John Hennessy-NPS-ACOU
David Cox
WiRO Files
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North C aro 1 i n a
Internet: www.ncwaterqualit .org Naturally
N
An Equal Opporsunity 1 Affirmative Action Employer

Compliance Inspection Report
Permit: SW6980731 Effective: 05/01/99 Expiration:
County: Brunswick
Region: Wiimington
Contact Person: Harry Rickenbacker Title: Partner
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Shallotte River) (03-07-59) ( SC)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/22/2009 Entry Time: 02:30 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for inspection: , Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Owner: Wellington Place LLC
Project: Wellington Place Townhomes
Exit Time: 02:45 PM
Phone:
Phone: [phone]
Inspection Type: Stormwater
Page: 1

Permit: SW8980731 Owner - Project: Wellington Place LLC
Inspection Date: 06/22/2009 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
In order to bring this state stormwater permit into compliance you must provide the following:
1. The required Engineers Certificate.
2. Renew this permit that expired on May 1, 2009.
File Review
Yes
No
NA
N
Is the permit active?
■
❑
n
11
Signed copy of the Engineer's certification is in the file?
■
❑
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
0
Copy of the recorded deed restrictions is in the file?
❑
❑
❑
M
Comment: 1. Permit expired on May 1, 2009
2. This office has not received a copy of the required Engineer's Certificate.
SW Measures
Yes No
NA
NE
Are the SW measures constructed as per the approved plans?
■ ❑
fi
❑
Are the inlets located per the approved plans?
■ ❑
❑
Are the outlet structures located per the approved plans?
■ n
n
n
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ Cl ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ 0
upon request?
Comment:
I
Page: 2

41,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 29, 2009
Mssrs. Harry Rickenbacker and William Taylor, Partners
Wellington Place, LLC
PO Box 827
Shallote, NC 28459
Subject: NOTICE OF INSPECTION
Wellington Place Townhouses
Permit No. SW8 980731
Brunswick County
Dear Mssrs. Rickenbackers and Taylor:
Dee Freeman
Secretary
On June 15, 2009, David Cox of the Wilmington Regional Office of the Division of Water Quality
(DWQ) inspected Wellington Place Townhouses in Brunswick County to determine compliance
with Stormwater Management Permit Number SW8 980731 issued on May 1, 1999. DWQ file
review and site inspection revealed that the site is not compliant with the terms and conditions
of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Submit a complete renewal application package to DWQ including a renewal
application, O&M verification or new O&M form, and processing fee. The renewal form
can be found at httpalh2o.enr.state.nc.us/su/StateSWRenewalApplicationSWU-
102.Doc.Doc
Please inform this Office in writing before July 29, 2009, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by July 29, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sinc ly,
'
I. , Id,
,
David Cox
Environmental Senior Specialist
Enclosure: Compliance Inspection Report
GDSldwc: S:IWQSISTORMWATERIINSPECT1980731.jun09
cc: John Hennessy-NPS-ACOU
David Cox
INTRO Files
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 N orth C arol i n a
InterneC www.ncwaterquality.org
NaturallyAn Equal OpportuailylAtfrmatweAction Employe;

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 29, 2009
Mssrs. Harry Rickenbacker and William Taylor, Partners
Wellington Place, LLC
PO Box 827
Shallote, NC 28459
Subject: NOTICE OF INSPECTION
Wellington Place Townhouses
Permit No. SW8 980731
Brunswick County
Dear Mssrs. Rickenbackers and Taylor:
Dee Freeman
Secretary
On June 15, 2009, David Cox of the Wilmington, Regional Office of the Division of Water Quality
(DWQ) inspected Wellington Place Townhouses in Brunswick County to determine compliance
with Stormwater Management Permit Number SW8 980731 issued on May 1, 1999, DWQ file
review and site inspection revealed that the site is not compliant with the terms and conditions
of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Submit a complete renewal application package to DWQ including a renewal
application, O&M verification or new O&M form, and processing fee. The renewal form
can be found at http:l/h2o.enr.state.nc.us/sulStateSWRenewalApplicationSWU-
102. Doc. Doc
Please inform this Office in writing before July 29, 2009, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by July 29, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone],
Si ly,
'r 1
David Cox
Environmental Senior Specialist
Enclosure: Compliance Inspection Report
GDSldwc: S:IWQSISTORMWATERIINSPECT1980731.jun09
CC" John Hennessy-NPS-ACOU
David Cox
WiRO Files
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 North C aro l i n a
Internet: www.ncwaierquality.org ;Vat" Na //y
An Equal opportunity 1 Affirmative Action Employer K [ "

Miehad F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quatity
September 5, 2008
Mssrs. Harry Rickenbacker and William Taylor, Partners
Wellington Place, LLC
P. O. Box 827
Shallotte, NC 28459
Subject: Stormwater Permit No. SW8980731
Wellington Place Townhouses
Brunswick County
Dear Mssrs. Rickenbacker and Taylor.
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980731
to Wellington Place Townhouses for a High Density Stormwater Project on May 1, 1999. This permit
expires on May 1, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules)'requires that
applications for permit renewals shall be submitted 180 days prior, to the expiration of a permit and must
be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project
please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit
rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a
form for change of ownership, which should be completed and submitted if the property has changed
hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day.
If you have any questions, please feel free to contact us at 910-796-7215.
Sin rely,
Georgette Scott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
North Carolina Division or Water Quality Internet ne CSIUIina
127 Cardinal drive Extension Phone [phone]
Wilmington, NC 28403 Fax [phone] a/y ,rally

East Coast
Engineering Company, P.A.
4918 Main Street
Fax: [phone] Consulting Engineers Post Office Box 2869
Office: 910.754.8029 Shallotte, NC 28459
Thursday, February 11, 1999
Ms. Linda Lewis, Environmental Engineer
NCDENR-Division of Water Quality
127 Cardinal Drive Extension =BY:
Wilmington, North Carolina 28405
FEB161999
Re: Wellington Place Townhouses - Stormwater Plan
Stormwater Project No. SW8 980731
Shallotte, North Carolina
v<�Ir
Dear M-s- Lew6:
We received your request for additional information for the above mentioned
project. Enclosed are two revised sets of plans and calculations based on the following
information:
The building footprint on the plans has been further detailed to better delineate
the building. The concrete patio areas were included in the calculations for -
sidewalk area because they are not covered by roofing. Also, on the previous
calculations we had used the dimension of 33'-11" for the side dimension of the
buildings, although the detail has -the dimension rounded to 34'. We have
changed the calculations to include the larger dimension, and have revised
the plans accordingly. This only made a difference of 36 sf more total building
area.
2. Due to the very slight adjustment in building area, the required pond surface
does not change.
Should you require any additional information, please do not hesitate to contact
either Alan Lewis or myself at our office.
Sincerely,
David B. Bowman, P.E.
President
East Coast Engineering
Company, P.A.
Enclosures
pc: Wellington Place, LLC
File: 98-0188

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 25, 1999
Mr. David Bowman, P.E.
East Coast Engineering
PO Box 2869
Shallotte, NC 28459
4•NNW
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980731
WelIington Place Townhomes
Brunswick County
Dear Mr. Bowman:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Wellington Place Townhomes on November 24, 1998. A preliminary
review of that information has determined that the application is not complete. The following information
is needed to continue the stormwater review:
1. When I add up the impervious areas as dimensioned on the unit footprint, the total for each
unit is 670 square feet, for a grand total of 17,420 square feet for the buildings. Please revise
the application, supplement and calculations to reflect this.
2. The increased building area has resulted in a deficient surface area in the pond, if all other
areas are kept the same.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to February 25, 1999, _ or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit. If you have any questions concerning this matter please feel free to call me at [phone]. -
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01980731.JAN
cc: Linda Lewis
William Taylor
Central Files
127 Cardinal Dr. Ext., Wilmington, North CaroIina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

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1 / Department: of Environment. and Natural Resources
:.Wilmington Regional Office
James'$.; "t, Governor Wayne,Mcp�vitt, Secretary
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An Egaal'oppartunityA¢tlari Employer

East Coast
Engineering Company, P.A. 4918 Main Street
Fax: [phone] Consulting Engineers Post Office Box 2869
Office: 910.754.8029 Shallotte, NC 28459
Wednesday, July 22, 1998
Ms. Linda Lewis, Environmental Engineer
NCDENR-Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Wellington Place Townhouses - Stormwater Plan
Shallotte, North Carolina av
De
We are pleased to submit for your review and approval two (2) sets of the project
plans, complete with supporting documentation, for the subject project. Enclosed are two
(2) copies of the hydraulic and hydrologic calculations. Also, enclosed are one (1) original
and one (1) copy each of executed Stormwater Management Permit Application and the
executed Pond Maintenance Agreement. Enclosed is a check from our Client in the amount
of $385.00 to cover the required application fee.
We trust that you will find our submittal package in order and that this project
warrants your approval. Should you require any additional information, please do not
hesitate to contact either Alan Lewis or myself at our office.
Sincerely,
EE:
David B. Bowman, P.E.
President \
East Coast Engineering
Company, P.A.
Enclosures f
pc: c: Wellin ton Place, LLC RECEIVED
File: 98-0188 JUL 2 3 1998
BY: . Z J

Xeturn to: Kirkman, Whitford 6 Brady
Melanie ArAHERET COUNTY 28P
JL'Date 12/03/e003 Time 15:0300
OR 1030140 Page 1 of 28
NORTH CAROLINA, CARTERET COUNTY
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STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIVE COVEANTS
COUNTY OF CARTERET FOR MOREHEAD PROFESSIONAL PARK
THIS DECLARATION OF RESTRICTIVE COVENANTS made and entered
into this 2nd day of December, 2003, by the present owner of the
property described in Paragraph 1(1) hereunder, C 6 D Development,
LLC, a North Carolina limited liability company, hereinafter
called "DECLARANT".
STATEMENT OF PURPOSE
Declarant is the owner of certain property located in
Morehead City, North Carolina more particularly described in
Paragraph 1(1) herein which it desires to develop as an office and
professional business district. Declarant desires to provide for
the preservation of the values and amenities for such uses and for
the maintenance of common areas; and, to this end, desires to
subject the property described in Paragraph l(1) herein, together
with such additions as may hereafter be made thereto, to the
covenants, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of
said property, Declarant and each subsequent owner thereof.
Declarant deems it desirable for the efficient preservation of
such values and amenities in said community, to create an agency
to which should be delegated and assigned the powers of
maintaining and administering the community properties and
facilities and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and
charges hereinafter created. To this and, Declarant has
incorporated or will incorporate under the laws of the State of
North Carolina, as a nonprofit corporation, Morehead Professional.
Park Owners' Association, Ina. (the "Association"), for the
purpose of exercising the functions aforesaid;
NOW THEREFORE, Declarant declares that the real property
described in Paragraph l(1) hereof, is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants,
f300 U 3 O PAGL-LL44--7
RAC EIVED
MAR 31 2011
BY:

_z.
restrictions, easements, charges and liens (sometimes referred to
as "covenants and restrictions") hereinafter set forth.
ARTICLE I
Definitions
I. Definitions. The following words when used in this
Declaration or any Supplemental Declaration (unless the context
shall prohibit) shall have the following meanings:
a.. "Architectural Committee" shall mean those three or
more individuals so designated from time to time by the Board of
Directors of the Association. Those individuals appointed by the
Board of Directors may be removed from the Architectural Committee
at any time by the Board of Directors at its discretion. The
Board of Directors may designate itself as the Architectural
Committee.
b. "Association" shall mean and refer to Morehead
Professional Park Owners' Association, Inc., as formed or to be
formed by Declarant.
c. "Board of Directors" shall mean the Board of Directors
from time to time of the Association.
d. "Common Area" shall mean and refer to those areas of
land now or hereafter shown on any recorded subdivision plat of
the Property or hereafter deeded to the Association and intended
to be devoted to the common use and enjoyment of the Owners, but
shall exclude each individual Lot and any structure thereon. The
streets shown on the Plat referenced in Exhibit A and designated
"John Platt Drive" and "Penny Lane" are dedicated for ingress,
egress and regress to the Lots and for public use and Declarant
reserves the right to deed the same (subject to use rights of the
public and Owners) to either the Town of Morehead City or the
Association. Even if deeded to the Town of Morehead City,
Declarant may designate the streets Common Area.
e. "Declarant" shall mean C & D Partnership, LLC, its
successors and assigns to which it shall convey or otherwise
transfer its right, title and interest to all or any part of the
Property and in so doing expressly designates the transferee as a
"Declarant" hereunder.
f. "Development Period" shall mean the period that is ten
(10) years from the date of this Declaration is recorded at the
Register of Deeds of Carteret County. With respect to any land
annexed to the Property by Declarant as herein permitted, the
"Development Period" shall mean the time that is ten (10) years
from the time that such land is annexed to the Property by
recording of the Amendment hereto at the Office of the Register of
Deeds of Carteret County.
B00 0_ FAG .�'

-3-
g. "Lot" shall mean a lot or parcel of real property in
the Property shown on the Plat. As used herein, "Lot" shall not
include the Common Areas, nor shall it include roads, streets, or
parking areas within the .Property which are to be deeded or
dedicated by Declarant to the Town of Morehead City.
h. "Master Association" shall mean Madison Park Master
Association, inc. as set forth in the Declaration of Covenants,
Conditions and Restrictions for Madison Parke (Master Association)
recorded in Book 666, Page 606 Carteret County Registry and as .
amended.
i. "Member" shall mean a person or entity who holds
membozship in the Association as provided in this Declaration
hereafter.
j. "Mortgage" shall include the noteholder or cestui qua
trust secured by a deed of trust.
k. "Owner" shall mean the record owner, whether one or
more persons or entities, of the fee simple title to any Lot, or,
if a Lot is subject to a reversion in a lease redeemable pursuant
to law, the owner of the leasehold interest, and not the holder of
title as such of the reversionary interest, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
1. "Property" shall mean all that certain property
described in Exhibit A attached hereto and incorporated herein by
reference, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association by annexation and
subjected to this Declaration as herein provided.
M. "-Structure" shall mean any thing or device other than
trees, shrubbery (less than three feet high in the form of a
hedge) and landscaping, the placement of which upon the Property
(or any part thereof) may affect the appearance of the Property
(or any part thereof) including, by way of illustration and not
limitation, any building, trailer, garage, porch, deck, shed;
greenhouse, or bath house, coop or cage, covered or uncovered
patio, swimming pool, clothesline, radio, television or other
antenna, satellite dish, fence, sign, curbing, paving, wall,
roadway, walkway, exterior light, hedge more than three feet in
height, signboard or any temporary or permanent living quarters
(including any house trailer) or any other temporary or permanent
improvement to the Property or any part thereof. , "Structure"
shall also mean (i) any excavation, fill, ditch, diversion dam or
other thing or device which affects or alters the natural flow of
surface waters from, upon or across the Property, or which affects
or alters the flow of any waters in any natural or artificial
stream, wash or drainage channel from, upon or across the
BOO I'DS O PAGE 1 47n

.4•
Property, and (ii) any change in the grade of the Property (or any
part thereof) of more than six (6) inches from that existing at
the time of purchase by an owner.
ARTICLE TWO
Property Rights
2.1 Grant of Lots. Declarant shall hereafter hold, grant
and convey the Property, and any part thereof, including, but. not
limited to Lots, subject to the covenants, conditions, easements
and restrictions herein set forth and as set forth on the plat of
"Morehead Professional Park Lot 1-16" prepared by Stroud
Engineering, P.A., dated October 9, 2003, recorded in Book 30,
Page 358, Carteret County Registry, which are for the benefit of,
binding upon and shall run with the land, and are for the benefit
of Declarant, the Association and the Owners, their heirs,
personal representatives, successors and assigns.
2.2 Grant of Common Areas. Declarant covenants that it
will convey the Common Areas to the Association, and the
Association shall accept. from Declarant the Common Areas, with
such improvements as may be constructed thereon at the time of
such conveyance and shall hold them subject to the provisions
hereof. Declarants covenant that they will convey the streets,
sediment basin, and an easement in all drainage easements to the
Association after seventy-five (75%) percent of the lots are sold.
Declarant reserves the right to convey any retention pond and
drainage area or easements to the Master Association as defined
herein.
2.3 Member's Easements of Enjoyment. Every Member shall
have a right and non-exclusive easement of use and enjoyment in
and to the Common Areas which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following
provision:
The right of the Association to dedicate or transfer
all or any part of the Common Areas to any public
agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by
majority vote of the Members.
2.4 Structures,Except as otherwise permitted by the
provisions of this Declaration, no Structure shall be, erected,
placed or maintained on any Common Area except: (i) Structures
designed exclusively for the common use of Members, including, but
not limited to, benches, chairs or other seating facilities,
fences and walls, walkways, roadways, and similar facilities; and
(ii) pumping stations, drainage, storm and utility systems. The
Common Areas may be graded, planted with trees and shrubs and
other plants placed and maintained thereon for the use, comfort
1300K-Lb-3a_ PAIG ._ I�_-d

and enjoyment of the Members or for the establishment, retention
or preservation of the natural growth or topography of the Common
Areas and for aesthetic reasons.
2.5 Rules.The Association shall have the right to prescribe
reasonable rules and regulations governing the use of the Common
Areas, which rules and regulations shall apply equally to all
Members.
2.6 Association Management. The Association may improve,
develop, supervise, manage, operate, examine, inspect, care for,
repair, replace,.restore and maintain the Common Areas, including,
by way of illustration, and not limitation, streets, roadways,
sidewalks, parking areas and all trees, shrubbery and other plants
and landscaping, together with any items of personal property
placed or installed thereon, at the cost and expense of the
Association. The Association shall maintain the storm water
management features of the Subdivision as provided in Article 12
hereof.
ARTICLE THREE
Reserved Rights of Declarant
3.1 Reserved Rights of Declarant. The Association shall
hold the Common Areas conveyed to it by Declarant subject to a
reservation to Declarant of an easement over any road in the
Common Areas, such easement for the purpose of ingress and egress
and the 'installation and maintenance of public and private
utilities to serve the Property and any part thereof, including
any Lot and all or any part of the property described in Exhibit B
attached hereto.
3.2 Grading. Declarant further reserves unto itself the
right at or after the time of grading of any street or any part
thereof for any purpose, to enter upon any abutting Lot and grade
a portion of such Lot adjacent to such street, provided such
grading does not materially interfere with the use or occupancy of
the Lot for the purposes allowed herein. However, said Declarant
shall not be under any obligation or duty to do such grading or to
maintain any slope,
3.3 Amendment of Plats. No right shall be conferred upon
any Owner or Member by the recording of any plat relating to the
development of the Property, Declarant expressly reserving unto
itself the right to make such amendments to any such plat or plats
as in its best judgment shall be advisable and as shall be
acceptable to public authorities having the right to approval
thereof. This provision shall not be deemed to give Declarant any
right to amend the property line or any Lot not then' owned by
Declarant.
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3.4 easement for Utilities.
a. Declarant, for itself, its successors and assigns,
reserves an easement on, over and under the Common Areas for the
purpose of ingress and egress and the installation and maintenance
of public and private utilities to serve the Property and the Lots
therein, and all or any part of the property described on Exhibit
B attached hereto, including, but not limited to, the right to
lay, install, construct and maintain pipes, drains, mains,
conduits, lines and other facilities for water, storm sewer,
sanitary sewer, gas, electric, telephone, cable television, and
other public or private services or utilities deemed by Declarant
necessary or advisable to provide adequate service to any Lot now
or hereafter laid out or establishad on the Property, and all or
any part of the property described on Exhibit B attached hereto,
or in or on the area in which the same is located, together with
the right and privilege of entering upon the Common Area for such
purposes and making opening and excavations thereon which openings
and excavations shall be restored in a reasonable period of time.
b. Further, Declarant, for itself, its successors and
assigns, reserves an easement on, over and under the Common Areas
for the purpose of ingress and egress and the installation and
maintenance of public and private utilities to serve land
adjoining any of the Common Areas (whether such land is owned by
Declarant, its successors or assigns, or others), including, but
not limited to the right to lay, install, construct and maintain
pipes, drains, mains, conduits, lines and other facilities for
water, storm sewer, sanitary sewer, gas, electric, telephone;
cable television, and other public or private. services or
utilities deemed by Declarant necessary or advisable to provide
adequate service to any such land, or in or on the area in which
the same is located, together with the right and privilege of
entering upon the Common Area for such purposes and making
openings and excavations thereon which openings and excavations
shall be restored in a reasonable period of time.
ARTICLE FOUR
Membership and Voting Rights
4.1 Membership. Every Owner of a Lot which is subject to
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
4.2 Voting. The Association shall have two (2) classes of
voting membership:
a. Class A. Class A Members shall be all Owners,
with the exception of Class B Members, and shall be
entitled to one (1) vote for each Lot owned. When more
900�._L - PAU �

-7-
than one person holds an interest in any Lot, all such
persons shall be Members. The vote for such Lot shall
be exercised as the Owners among themselves determine,
but in no event shall more than one vote be oast with
respect to any Lot.
b. Class B. The Class B Member shall be the
Declarant. The Class B Member shall be entitled to
three (3) votes for each Lot owned. The Class B
membership shall cease, subject to revival upon
additional land being annexed to the Property pursuant
to this. Declaration, and be converted to Class A
membership on the happening of the first to occur at
the following:
i When the total votes outstanding in the
Class A membership equal or exceed the total
votes outstanding in the Class B membership,
or
ii. January 1, 2009.
ARTICLE FIVE
Covenant for Maintenance
5.1 creation of Lien and Personal Obligations for
Assessments. The Declarant, for each Lot, hereby covenants, and
each Owner of any Lot by acceptance of a deed therefor, whether or
not it shall be so expressed in such dead, is deemed to covenant
and agree to pay to the Association: (i) annual assessments or
charges, (ii) special assessments, and (iii) additional
assessments, all such assessments to be established and collected
as hereinafter provided. The annual, special, and additional
assessments, together with interest, costs and reasonable
attorney's fees shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such assessment is
made. Each such assessment, together with interest, costs and
reasonable attorneys fees, shall also be the personal obligation
of the person(s) who was the Owner of such Lot at the time when
the assessment became due. The personal obligation for delinquent
assessment shall not pass to successors in title of an Owner
unless expressly assumed by them.
5.2 Purposes of Assessments. Assessments levied• by the
Association shall be used exclusively to promote the health,
safety, and welfare of the owners of Lots within the Property and
for the improvement and maintenance of the Common Areas and as is
otherwise consistent with the rights and responsibilities of the
Association hereunder and for the benefit of the Members.

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5.3 Commencement of Assessment. No minimum or specific
regular or special assessment is being established by Declarants.
The Association, at such time its Board of Directors deems
appropriate, will determine the amount of any regular or special
assessment and the due date and payment terms thereof.
5.4 Rate of Assessment. All assessments shall be levied
against each Lot based on the square footage of each lot.
5.5 Additional Assessments. Additional assessments may be
fixed against any Lot only as provided for in this Declaration.
Any such assessments shall be due as provided by the Board of
Directors in making any such assessmant.
5.6 Surplus Receipts. Any surplus of receipts over
expenses of the Association for any fiscal year shall be either
applied to reduce the assessments necessary to meet the budget
adopted by the Association for the next fiscal year or refunded by
the Association to each Owner, and the refund shall be prorated
among the Owners (and former Owners), including the Declarant,
based upon the portion of the previous fiscal year that each such
Owner (or former Owner), including the Declarant, shall have held
record title to the Lot, as determined by resolution of the Board
of Directors.
5.7 Effect of Nonpayment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days
after the due date shall bear interest from the due date at the
rate of TEN PERCENT (10%) per annum, and shall be subject to a
late charge of Twenty -Five Dollars ($25.00) for every month past
due. The Board of Directors shall have the right to declare the
entire balance of the annual assessment and accrued interest
thereon to be immediately due and payable. In addition, the Owner
shall be liable for all costs of collecting any such assessment,
including reasonable attorneys fee and court costs. All such
interest, late charges and costs of collection shall be deemed to
be an additional assessment hereunder. The Association may bring
an action at law against the Owner personally obligated to pay the
same and/or, without waiving any other right, may foreclose the
lien against the Lot. No Owner may waive or otherwise escape
liability for the assessments provided herein by non-use of' the
Common Area or abandonment of his Lot.
5.8 Subordination of the Lien to Mortgages. The lien for
the assessments provided for herein shall be subordinate to the
lien of any mortgage or deed of trust duly recorded prior to the
time a Claim of Lien is filed with the Clerk of Court of Carteret
County. Sale or transfer of any Lot shall not affect the
assessment lien. However, any contract purchaser of a Lot shall
be entitled, on written request to the Association, to a statement
in writing from the Association setting forth the amount of any
unpaid assessments against the Owner of the Lot due the
BOOK- �_OZLQ PAGE-

si
Association and such purchaser shall not be liable for, nor shall
the Lot conveyed be subject to a lien for, any unpaid assessments
made by the Association against the Lot in excess of the amount
set forth in such statement. The sale or transfer of an Lot
pursuant to foreclosure or any proceeding in lieu thereof, of a
mortgage senior in priority to the assessment lien, shall
extinguish the lien of such assessments as to the payments which
became due prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any assessments
thereafter becoming due or from any lien therefor.
ARTICLE SIX
MAINTENANCE BY OWNER
The Owner of each Lot shall keep his Lot, and all
improvements thereon, in good order and repair, including but not
limited to, the seeding, watering and mowing of all lawns and
yards, keeping all sidewalks neat, clean and in good repair, and
free of ice and snow, the pruning and cutting of all trees and
shrubbery and the painting (or other external care) of all
buildings and Structures on the Lot, all in a manner and with such
frequency as is consistent with good property management and
maintenance. If, in the opinion of the Architectural Control
Committee, any Owner fails to perform the duties imposed
hereunder, the Association, on affirmative action of a majority of
the Board of Directors, after fifteen (15) days written notice to
the Owner to remedy the condition in question, and upon failure of
the Owner to remedy the condition, shall have the right (but not
the obligation), through its agents and employees, to enter upon
the Lot in question and to repair, maintain, repaint and restore
the Lot and the improvements or Structures thereon and the cost
thereof shall be a binding, personal obligation of such owner, and
an additional assessment upon the Lot in question.
ARTICLE SEVEN
7.1 All of the rights and powers (including discretionary
rights and powers) reserved by or conferred upon Declarant by this
Article Seven are invested initially in Declarant alone (including
any successor or assign of C 6 D Partnership, LLC) to which it
shall convey or,otherwise transfer its right, title and interest
to all or any part of the Property and in so doing expressly
designates the transferee as "Declarant", but may be assigned or
transferred by Declarant to the Architectural Committee. This
right or assignment may be exercised by Declarant from time to
time, and may he exercised in whole or in part, and may apply to
all or any part of the Property, including any Lot. In any event,
the rights and powers of Declarant under this Article Seven shall
automatically terminate with respect to Declarant and vest in the
Architectural Committee alone upon the earlier to occur of (a)
ten (10) years from the date hereof or (b) when improvements have

initially been constructed on all Lots and the Owners of all such
Lots have been issued Certificates of Occupancy by Carteret County
for the improvements constructed on the Lots. Whenever "Declarant
or Architectural Committee" is used or referred to in this Article
Seven, it shall apply to the Declarant alone until such time as
Declarant shall transfer rights to the Architectural Committee and
then shall apply to the Architectural Committee with respect to
any such rights transferred to the Architectural Committee.
No Structure shall be commenced, erected or maintained on
the Property (including any Lot), nor shall the exterior
appearance (including the color thereof) of any Structure on the
Property, be changed or altered from the original appearance
thereof, nor shall the natural state of any area of the Property
be disturbed or altered, nor shall any work be commenced or
performed which may result in a change in the exterior appearance
of any such Structure, until plans and specifications showing the
nature, kind, shape, dimensions, materials, floor plans, color
scheme, location, exterior plans and details, paving plans and
location, landscaping details and proposed topographical changes,
together with estimated cost of said work and the proposed
construction schedule therefore, and together with a designation
of the party or parties to perform the work, have been submitted
to and approved in writing by Declarant (or Architectural
Committee after the rights and powers with respect thereto have
been transferred to it by Declarant as herein provided). In the
event the Declarant (or the Architectural Committee) fails to
approve or disapprove such design and location in writing within
sixty (60) days after said plans and specifications have been
submitted to it, approval will not be required and this Article
will be deemed to have been fully complied with.
7.2 Committee Criteria. The Declarant (or Architectural
Committee) shall consider such plans and specifications for
approval upon the basis of, among other things, the harmony of
external design and location in relation to surrounding Structures
and topography, the nature and durability of the materials,
quality of workmanship, choice of colors and materials, grade
elevations and/or drainage, the ability of the party or panties
designated by the owner to complete the work proposed in
accordance with the plans and specifications submitted, including,
without limiting the foregoing, such factors as background,
experience, skill, quality of workmanship, financial ability, etc.
. In reviewing the plans, the Declarant (or Architectural
Committee) may also consider factors of public health and safety,
the effect the proposed work will have on the use, enjoyment and
value of surrounding properties, and/or the outlook or view of
other neighboring properties and the suitability of the proposed
improvements or alterations with the general aesthetic values of
the surrounding area.

7,3 Disapproval of Plans. In any case where the Declarant (or
Architectural Committee) shall disapprove the plans and
specifications submitted hereunder, or shall approve the same only
as modified or upon special conditions, such disapproval or
qualified approval shall be accompanied by a statement in writing
of the grounds upon which such action was based, in any .such•
case, the Declarant (or Architectural Committee) shall, if
requested, make reasonable efforts to assist and advise the
applicant in order that an acceptable proposal can be prepared and
submitted for approval. However, the final decision of the
Declarant (or Architectural Committee) is final and binding.
7.4 Approval of plans. The applicant shall submit for
approval two (2) sets of plans and specifications. Upon, approval
by the Declarant (or Architectural Committee), one copy of such
plans and specifications shall be retained by the Declarant (or
Architectural Committee), and the other bearing the approval of
Declarant (or Architectural Committee) in writing shall be
returned to the applicant.
7.5 Non -approved Structures, If any structure shall be
altered, erected, placed or maintained upon any part of the
Property, including any Lot, or any new use commenced on any part
of the Property including any Lot, in violation of the provisions
hereof, such Structure or new use shall be removed or
discontinued, and such use shall be terminated so as to extinguish
such violation. If within fifteen (15) days after notice from
Declarant (or Architectural Committee) of such violation, the
Owner of the Lot upon which such violation exists shall not have
taken reasonable steps towards the removal or termination of the
same, the Declarant (or the Association upon recommendation of the
Architectural Committee) shall have the right to apply to a court
of competent jurisdiction for an order directing the Owner to
remove or discontinue such Structure or new use, and if the Owner
shall fail to do so, authorizing the Declarant or the Association,
through its agents and employees, to enter upon the Lot and to
take such steps as it deems necessary to extinguish such
violation, and the cost thereof shall be a binding, personal
obligation of the Owner of the Lot and an additional assessment
upon the Lot.
7.6 Completion of Construction. Upon completion of
construction of any Structure in accordance with the provisions
hereof, the Declarant (or Architectural Committee), upon request
of the applicant shall issue a Certificate of Compliance in form
suitable for recording with the Register of Deeds of Carteret
County, identifying such Structure and the Lot (or other part of
the Property) on which such Structure is placed, and stating that
the Structure has been completed pursuant to the terms hereof.
Preparation and recording of such Certificate shall be at the
expense of the applicant. Any Certificate of Completion issued
pursuant hereto shall be prima facie evidence of the facts therein
Boo 40 0 PAGF._J_.U-L;

stated, and as to any purchaser or encumbrancer in good faith, and
for value, or as to any title insurer, such Certificate shall be
conclusive evidence that all Structures on the Lot (or other part
of the Property) noted in such Certificate comply with the
provisions hereof.
7.7 Examination Fee. The Declarant (or Architectural
Committee) may charge and collect a reasonable fee for the
examination of the plans and specifications submitted for
approval. Such payment shall be made at the time such plans and
specifications are submitted, provided that such charge shall not
exceed the amount chargeable by the appropriate governmental
authority for an application for and processing of building
permits for Structures on the Lot with regard to'which such plans
and specifications are submitted. Such fee shall be retained by
Declarant (or the Association for the Architectural Committee).
7.8 Committee Compensation. The members of the
Architectural Committee shall serve without compensation unless
specifically approved by the Members.
7.9 Architectural Rules. The Declarant (or Architectural
Committee), to the extent of its functions hereunder and the
rights specifically provided herein, may adopt and promulgate
reasonable rules and regulations regarding the administration,
interpretation and enforcement of the provisions of this
Declaration.
7.10 Conditional Approvals. in granting any permit,
authorization, or approval, as herein provided, the Declarant (or
Architectural Committee) may impose any appropriate conditions or
limitations thereon as they shall deem advisable under the
circumstances of each Case.
7.11 Lot Restrictions. The following restrictions will
apply to all Lots. These restrictions may be amended by Declarant
at any time until it shall transfer all of its rights and powers
under this Article Seven to the Architectural Committee. (This
right of amendment is in addition to the right to amendment of
this Declaration set forth in Article Nine below). Any amendment
shall become effective when a written instrument setting forth the
amendment is. signed and recorded by Declarant (or the
Architectural Committee) at the Register of Deeds of Carteret
County. The restrictions are as follows:
a. Subdivision. No Lot shall be split, divided, or
subdivided for r as , resale, gift, transfer or otherwise after
acquisition from Declarant. With respect to any Lots while owned
by Declarant, Declarant expressly reserves the right to further
subdivide or alter property lines as it may deem necessary and
appropriate, subject to all applicable governmental laws, rules
and regulations.'

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b. No Poles. No facilities, including poles and wires for
the transm ssion of electricity, telephone and the like shall be
placed or maintained above the surface of the ground on any Lot.
c. No Temporary Residences. No temporary building,
trailer, garage, or building in the course of construction or
other Structure shall be used, temporarily or permanently, as a
residence of any Lot.
d. Trash. No lumber, metals, bulk materials, refuse or
trash shall be kept, stored, or allowed to accumulate on any Lot,
except building materials during the course of construction of any
approved Structure. During the course of construction of any
approved Structure, all trash or other refuse resulting therefrom
shall be removed daily. The Declarant (or Architectural
Committee), in its sole discretion', may adopt and promulgate
reasonable rules and regulations relating to size, shape, color,
and type of trash or other refuse containers permitted and the
manner of storage of the same on the Property, provided that the
same must be sanitary and animal -proof. If trash or other refuse
is to be disposed of by being picked up and carried away on a
regular and recurring basis, the containers therefore may be
placed in the open on any day that pick-up is to be made, at such
place on the Lot as to provide access to persons making such pick-
up. At all other times such containers shall be stored in such a
manner so that they cannot be seen from adjacent and surrounding
Property.
e. Architectural Style; Building Restrictions.
i. Lots may only be used for the permitted and
special uses within the underlying zoning
districts for such Lots as established from time
to time by the Town of Morehead City,
ii. The principal structure on the Property must
have at least 3,000 heated square feet.
iii. Each Lot is subject to a front set back of
fifteen (15) feet, rear set back of fifteen (15)
feet and side set back of seven (7) feet. Any
corner lot shall be subject to a fifteen (15) foot
setback requirement on both street frontages.
iv. No flat roofs on one story buildings will be
permitted on the Property. All one story
buildings must have a roof pitch of 5/12 or more..
V. Only dimensional shingles, wood shingles,
tile, slate, or pleated metal (or other materials

_ 14 _
with similar appearance approved by the Declarant,
or subsequently the owners association) will be
permitted on roofs for structures on the Property,
except that on buildings of 2 or more stories in
height with flat roofs, membrane or built up roofs
will be permitted.
vi. No metal buildings will be permitted on the
Property_ Notwithstanding the foregoing, metal
framed pre-engineered buildings may be permitted
on the Property if such structure is approved by
the Declarant (or Architectural Committee).
vii. No buildings or structures using exposed
concrete or cinder block on the exterior will be
permitted on the Property.
viii. No exterior sidings installed in panels,
including plywood, hardboard, synthetic, or metal,
will be permitted for use on the Property.
ix. All driveways and parking lots are to be
paved with concrete, asphalt, brick, or other
solid surface material approved by the Declarant,
or subsequently the owners association, by the
time the principal building on the Property is
completed.
X. No elevated tanks of any kind will be
permitted on the .exterior of any structure on the
Property.
xi. No shallow wells will be permitted on the
Property.
f. Fences. There shall be no fence in the front of any
Lot. With the respect to the back of any Lot, a privacy fence
which shall be a minimum of six (6) feet tall shall be built
across the back of every Lot to serve as a buffer and screen
between the development and adjacent property. Said fence shall
be constructed of salt treated lumber or an equivalent approved by
the Declarant (or Architectural Committee) and said fence shall be
double sided. Design of said fence shall be approved by the
Declarant (or Architectural Committee) pursuant to Article 7 of
the Covenants. During such time as construction of a structure is
underway, Owner may temporarily maintain a chain link or wire
fence to enclose building materials and .equipment located on the
Lot for such time period as reasonably necessary to complete such
construction. Declarant (or Architectural Committee) reserves the
right to designate the location of such fenced area which shall be
in the .area detracting the least from the appearance of the
Property as a whole while still being reasonably accessible to
1300Y,_ �_;a�

-15-
Owner for its intended purposes. After the completion of such
construction or the necessity for securing building materials or
equipment within such fenced are, the fence shall promptly be
removed by Owner.
g. Animals. No animals will be kept or penned
outside of any Lot on the Property. This restriction shall not
prohibit the walking of pets on the Property and shall not
restrict within any Structure on a Lot, the housing of house pets
and typical animals treated in a small animal clinic.
h. No Offensive Activity. No obnoxious or offensive
trade or activity shall be carried on or upon the Lot nor shall
anything be done thereon which may be or become an annoyance or
nuisance to adjoining Lot Owners.
i. No Pollution. No Lot shall be so used as to cause
any pollution to streams or ponds on or adjacent to said Lots or
to any adjoining property's water supplies which is in violation
of any Federal, State, or Local Statute, rule or regulation. No
Lots shall be used or maintained as to cause any erosion of soil
or sediment into such streams, ponds or water supplies. During
the grading and construction of any improvements upon any Lot,
adequate arrangements shall be made to insure that no erosion of
soil or sediment into such streams, ponds or water supplies.
j. Lighting. No exterior lighting on any Lots shall
be directed outward from the boundaries of the Lot; and, mercury
lights may not be used for any such exterior lighting.
k. Construction. Any new Structure to be constructed
upon any Lot must be substantially completed within twelve (12)
months from the commencement of construction thereof.
1. Signs. In addition to the regulations of signs
enacted by the Town of Morehead City, prior to the erection of any
sign on any Lot within the Morehead Professional Park, the design
of said sign shall be submitted to the Declarant (or Architectural
Committee) for approval. No sign shall exceed sixty-four (64)
square feet in surface area.
m. Drainage. All Lots shall be graded so that all
storm water drains from the rear of each Lot to the front of said
Lot into the curb and gutter fronting that Lot or if a lot abuts a
drainage ditch the lot may be graded so that all storm water
drains into the drainage ditch.
7.11 Interpretations and Exculpation of Liability. Declarant
(or the Architectural Committee) will be the interpreter of the
provisions of this Declaration with respect to all matters
involving aesthetics. Its decisions in such matters shall be
final if consistent with the intent of this Declaration. In any
BOOKS-d PAGE-1-4- 0

-16-
and all events, neither Declarant or the Architectural Committee
will be liable for any decisions, action or inaction taken
pursuant to this Article Seven, including, but not limited to any
matters concerning aesthetics and/or the administration,
interpretation, application and enforcement of the provisions of
this Article Seven,
I
ARTICLE EIGHT
RULES AND RESTRICTIONS
8.1 Rules.In order to assure the peaceful and orderly use
and enjoyment of the Property, the Board of Directors may from
time to time adopt, modify and revoke in whole or in part, such
reasonable rules and regulations, to apply equally to all
similarly situated Lots and Owners, governing the conduct of
persons on or use of a Lot and the Common Areas, as the
Association may deems necessary. All such rules shall, be binding
upon all Owners, occupants and visitors to the Property. The
Association may impose a fine, suspend voting or infringe upon any
other rights of an Owner or other occupant for violation of the
rules upon compliance with applicable law, if any, and this
Declaration.
8.2 Rental Restrictions. Every lease or rental agreement for
a Lot and the improvements thereon shall provide that the tenant
under the lease shall be subject to and shall comply with the
provisions of this Declaration, the By -Laws and Rules and
Regulations of the Association, as the same may be amended from
time to time.
ARTICLE NINE
ANNEXATION
9.1 Additional Property_ Additional Lots and/or Common Areas
may be annexed to the Property with the consent of two-thirds
(2/3) of each class of Members.
9.2 Annexation by Declarant. Additional land within the
area described in Exhibit B attached hereto and made a part hereof
may be annexed to the Property and made additional Lots and/or
Common Areas of the Property by Declarant without the consent of
other members from time to time within Ten (10) years of the date
that this Declaration is recorded in the Office of the Register of
Deeds of Carteret County. However, Declarant shall be under no
obligation, express or implied, to annex such additional lands
and, by its execution of this Declaration, has in no way
restricted the future use of such additional property. No Owner
shall be deemed to have any rights, express or implied, to enforce
a restriction in use of the additional property described in
Exhibit B, expressly, or impliedly, except upon such additional
property being formally annexed in accordance with the terms of
this Declaration.
9,3 Recording. Any annexation made to the Property pursuant
aoo�c © B PAGE _
L"

_ 17 .
to Paragraph 9.1 above, shall be done and become effective upon
recording of an amendment to this Declaration by the Association
in the Office of the Register of Deeds of Carteret County,
specifying the additional land to be annexed to the Property; and
any annexation made to the Property hereunder pursuant to
Paragraph 9.2 above shall become effective upon the recording of
an Amendment to this Declaration by Declarant in the Office of the
Register of Deeds of Carteret County, specifying the additional
land to be annexed to the Property.
ARTICLE TEN
PARTY WALLS
10.1 General Rules of Law to Apply. Each wall which is built
as a part of the .original construction of the Structure upon the
Lots and placed on the dividing line between the Lots shall
constitute a party wall, and to the extent not inconsistent with
the provisions of this Article, the general rules of law regarding
party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
10.2 Sharing and Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
by the Owners who make use of the wall in proportion to such use.
10.3 Destruction by Fire or Other Casualty. If a party wall
is destroyed or damaged by fire or other casualty, any Owner who
has used the wall may restore it, and if the other owner
thereafter makes use of the wall, they shall contribute to the
cost of restoration thereof in proportion to such use, without
prejudice, however, to the right of any other Owners who call for
a larger contribution from the others under any rule of law
regarding liability for negligent or wilful acts or omission.
10.4 weatherproofing, ' Notwithstanding any other provision
of this Article, an Owner who by his negligent or wilful act
causes the party wall to be exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such
elements.
10.5 Right to Contribution Runs with Land. The right of
any Owner to contribution from any other owner under this Article
shall be appurtenant to the land and shall pass to such Owner's
successors in title.
ARTICLE ELEVEN
FORCE MAJEURE
Whenever herein a time period is provided for the Declarant
to do or perform, or within which the Declarant may do or perform
any act or thing, including but not limited to, the time of the
"Development Period" as defined hereinabove, in the event the
Declarant is delayed or hindered in or prevented from doing or
performing such act or thing by reason of strikes, labor troubles,

SLE
inability to procure labor or materials, failure of power,
restrictive governmental laws or regulations, riots, insurrection,
war, acts of God, fire, or other casualty or reason of a similar
or dissimilar nature beyond the reasonable control of the
Declarant, then performance of such act or thing shall be excused
for the period of the delay and the period for the performance of
such act or thing shall be extended for a period equivalent to the
period of such delay. In no event shall the extensions of time
permitted herein extend beyond twenty (20) years from the date of
recordation of this Declaration with the Register of Deeds of
Carteret County.
ARTICLE TWELVE
STORM WATER PERMIT
12.1 PERMIT. The following covenants are intended to insure
ongoing compliance with state storm water management permit number
SW8 971034 Mod, issued by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DENR"). The covenants set forth in this article may not be
changed or deleted without the consent of the State of North
Carolina.
(a) The following is a chart which establishes the maximum
impervious area for each Lot. No more than the square feet
set forth for each Lot on such chart shall be covered by
structures or impervious materials. This allotted amount
includes any built -upon area constructed within the lot
property boundaries, including easements, and that portion of
the right of way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina and parking area, but does not include raised,
open wooding decking, or the water surface of swimming pools.
Lot No.
Lot Sita
Maximum Square
Feet
Square Feet
of Impervious Area
1
42,162.95
ft
34,361.00
ft
2
34,982.62
ft
27,648.00
ft
3
29,859.12
ft
26,000.00
ft
4
31,965.65
£t
26,898.00
ft
5
49,207.67
ft
41,287.00
ft
6
20,039.67
ft
18,035.00
ft
7
32,642.93ft
27,378.00
ft
8
30,820.20
ft
27,737,00
ft
BOOIL-LQ3_0PAC Fw___1 4-__-_0

19
9
25,335.83
ft
22,764.00'ft
10
27,228,79
£t
24,506.00
ft
11
51,366.64
ft
34,748.00
ft
12
15,784.73
£t
14,083.00
ft
13
17,774.92
ft
15,997.00
ft
14
30,066.07
ft
27,059.00
ft
15
20,035.90
ft
18,032.00
ft
16
21,401.57
ft
19,261.00
ft
(b) These covenants in this Article 12 pertaining to
stormwater regulations may not be altered or rescinded wihtou the
express written consent of the State of North Carolina, Division
of Water Quality;
(c) No alteration of the drainage shown on the approved
plan can be made without the concurrence of the. State .of North
Carolina, Division of Water Quality;
(d) All runoff .on the lot must drain into the permitted
system. This may be accomplished by providing roof drain gutters
which drain to the street, grading the lot to drain toward the
street, or grading perimeter swales and directing. them into the
pond or street. Lots that naturally drain into the system are not
required to provide these measures.
(a) Built -upon area in excess of the permitted amount will
require a permit modification.
(f) Each lot within the subdivision whose ownership is not
retained by the permittee, must submit a separate Offsite
Stormwater Management Permit application package to the Division
of water Quality and receive a permit prior to any construction on
the lot.
(g) The State of North Carolina is made a beneficiary of
these covenants to the extent necessary to maintain compliance
with the Stormwater Management Permit.
(h) These covenants are to run with the land and be binding
'on all persons and parties claiming under them.
12.2 COMPLIANCE WITH STORM WATER PERMIT. At such time
as the Declarant has conveyed twelve (12) Lots in the Subdivision,
or, January 1, 2009 whichever is earlier, the Association shall

•70.
assume responsibility for maintaining compliance with storm water
permit number SW8 971034 Mod. This shall include filing with the
North Carolina Division of Water Quality a properly executed
name/ownership change request.
12.3 AMENDMENTS, Declarant reserves the right to amend
this declaration or any supplement hereto, to keep the Subdivision
and each Lot therein in compliance with state storm water
regulations. Such amendments may include additional restrictions
and easements. Therefore, notwithstanding any provision to the
contrary in this declaration, Declarant shall have the absolute
right, in its sole discretion, to amend this declaration to
include any and all such restrictions and or easements required by
DENR as a part of its approval of the storm water plan for the
Subdivision. Any such amendment shall become operative and
binding upon all owners, and their properties when set forth in an
amendment or supplement to this Declaration and recorded in the
Office of the Register of Deeds of Carteret County, North
Carolina. The Association shall have the obligation and
responsibility of thereafter enforcing this Declaration as amended
in accordance with such additional restrictions and storm water
plans.
12.4 ENFORCEMENT. The State of North Carolina through
DENR or its successor, is given specific authority to enforce this
Declaration to the extent necessary to cause compliance with
impervious surface limitations imposed by the North Carolina
Coastal Storm Water Regulations. The remedies available to the
State of North Carolina include, without limitation, the remedy of
Boa o�O 1L�-.O

_21_
specific performance.
ARTICLE THIRTEEN
MASTER ASSOCIATION
13.1 Formation. The developer of property adjacent to
Morehead Professional Park has formed a North Carolina non-profit
corporation called Madison Park (Master Association) for
maintainingand administering certain common areas which will be
shared by the lot owners in Morehead Professional Park along with
the unit owners in Madisen Townes Condominiums and Madison Court
Condominiums. A Declaration of Covenants, Conditions, and
Restrictions for Madison Parke (Master Association) has been
recorded in Book 866, Page 606 Carteret County Registry and as
subsequently amended.
13.2 Membership, The Master Association consists of all
lot owners in Morehead Professional Park, all owners of Madison
Townes Condominium units as described in the Declaration of
Condominium for Madison Townes recorded in Book 886, Page 430,
Carteret County Registry and as subsequently amended, and all
owners of Madison Court Condominium units as described in the
Declaration of Condominium for Madison Court Condominium recorded
in Book 866, Page 607 Carteret County Registry and as subsequently
amended.
13.3 Assessments. The Board of Directors of the Master
Association shall have the authority to levy assessments against
the condominium units and Lots for all of the common expenses of
the Master Association. Such assessment shall become a lien on
the lots against which they are assessed, and if any payment
thereof becomes delinquent, the lien may be foreclosed and the lot
a00K_—._3,0 1 4-O

22-
sold, or a money judgment obtained against the persons liable
therefor, all as set forth in the Declaration of the Master
Association. ' The cost of maintaining the Master Association
common areas will be apportioned based on usage between the
residential and commercial properties in the Master Association.
The cost will be assessed uniformly against all residential units
(Madisen Townes Condominiums and Madisen Court Condominiums) and
assessed against each lot owner in Morehead Professional Park
based on the total square footage of each lot owned.
ARTICLE FOURTEEN
GENERAL PROVISIONS
14.1 Enforcement. The Declarant, the Association, or any
Owner, shall have the right to enforce, by any proceeding at law
or in equity, all restrictions, conditions, covenants,
reservations, liens and charges -now or hereafter imposed by the
provisions of this Declaration. Failure by the Declarant, the
Association or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
14.2 Variances.Declarant and later, the Association, have
the right to grant variances from the terms of this Declaration
upon a specific finding that the variance will not harm the
appearance of the Property and will not be harmful to Lot values
within the Property.
14.3 Severabi.lity. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in
noway affect any other provisions which shall remain in full force
and effect.
BOOK PACE _�

-23-
14.4 Amendmsnt.
a. The covenants and restrictions of this Declaration
shall run with and bind the land, for a term of thirty 0 0) years
from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of Ten (10)
years. Subject to sub(b) below, this Declaration may be amended
by instrument signed by no less than seventy-five percent (75%) of
each class of Members who are entitled to vote at a meeting of
Members. Any amendment must be recorded.
b. Until the conclusion of the Development Period of the
Property, no amendment may alter or affect any rights granted
hereunder to the Declarant., without the prior written consent of
the Declarant'. Notwithstanding the foregoing, no amendment
affecting assessments, any property right, the right of any Owner
to have, use or enjoy any easement or to use and enjoy the Common
Area, or the vested right of any party secured by a mortgage or
deed of trust shall be valid or of any effect unless such
amendment has been approved in writing by such party having such
right or interest.
14.5 Notices. All ,notices required or provided for in this
Declaration shall be in writing and hand delivered or sent by
United States mail. If hand delivered, the notices shall be sent
to the addresses shown below and. shall be deemed to have been
given on the date hand delivered to the address of the party to
whom the Notice is sent. If United States mails are used, the
notices shall be sent to the addresses shown below, certified or
registered mail, return receipt requested, postage prepaid, and
soon PAGILJ :

-24.
shall be deemed to have been given on the date deposited in the
United States mails. Notice shall be addressed as follows:
To Declarant: C b D PARTNERSHIP, LLC
205 North 35th Street
Morehead City, NC 28557
with copy to: Kirkman S Whitford, P.A.
P.O. Drawer 1347
Morehead City, NC 28557
To the Association: To the Registered Agent
of the Association at his/her
address as listed with the
Secretary of State of North Carolina.
To Owner/Members: To the last . known address of
Owner/Member as shown on the records of
the Association at the time of such
mailing, and if there is no such
address, then to the Lot of such
Owner/Member.
Any person shall the right to designate a different address
for the receipt of notices other than set forth above, provided
the person's new address is contained in a written notice given to
the Declarant during the Development Period and to the
Association.
14.6 Right of Entry. Violation or breach of any provision
herein contained shall give Declarant or the Association, to the
extent that any of them may have a right of enforcement thereover,
their respective agents, legal representatives, heirs, successors
and assigns, in addition to all other remedies, the right (but not
the obligation), after five (5) days notice to the owner of the
Lot, to apply to a court of competent jurisdiction for an order
granting the Declarant or the Association the right to enter upon
BOO K-

the Lot or the land as to which such violation or breach exists,
and to abate and remove, at the expense of the Owner thereof, any
Structure or condition that may be or exists thereon contrary to
the intent and meaning of the provisions hereof; and the said
parties shall not thereby be deemed guilty of any manner of
trespass for such entry, abatement or removal, except that if any
agent of Declarant or the Association shall be responsible for
actually committing a trespass by behavior going beyond the intent
of the authority conferred by this Section, in such event neither
Declarant nor the Association shall be responsible for the
unauthorized acts of such agent(s). Nothing herein contained
shall be deemed to affect or limit the rights of Owners of the
Lots when entitled to do so, to enforce the covenants by
appropriate juridical proceedings.
14.7 No Reverter or Condition Subsequent. No provision
herein is intended to be, or shall be construed as, a condition
subsequent or as creating a possibility of reverter.
14.8 Remedies. Damages may not be deemed adequate
compensation for any breach or violation for any provision hereof,
so that any person or entity entitled to enforce any provision
hereof shall be entitled to relief by way of injunction,
preliminary or final, as well as any other available relief either
at law or in equity.
14.9 Headings. The headings or titles herein are for
convenience of reference only and shall not affect the meaning or
interpretation of the contents of this Declaration.

26-
IN WITNESS WHEREOF, the undersigned, being the members of the
Declarant herein, have hereunder set their hand and seal, the day
and year first above written.
C'V Partnership, LLC
By: (SEAL)
R CHARD C. FLOWERS, Member/Manager
By: dam. (SEAL)
DEAN WORTHINMON, er Manager
STATE OF NORTH CAROLINA
COUNTY OF CAR,jTE_RET j
11 Anckm, "" r " � notary public of the
State and County afores4,Ld, certify that RICHARD C. FLOWERS and
DEAN WORTHINGTON, Member/Managers of C s D PARTNERSHIP, LLC,
personally appeared before me and acknowledged his execution of
the foregoing Declar/aJtion for the purposes therein contained.
This the �� ay of dDecember, 2003.
A
Not y P is
V v

-27-
EXHIBIT A
[Property]
BEGINNING at a concrete monument, said monument being 'John E.
Platt, Jr. Is southwest corner as described in the deed into
Cagaan, Inc. from Walter Baxter Powell recorded in Deed Book 792,
Page 696 Carteret County Registry, said point also being known as
the southwest corner of n/f MRV INVESTMENTS as shown on that
"Final Plat for Morehead Profession Park Lot 1-16" by. Stroud
Engineering dated October 9, 2003. From said point of beginning
run thence N 85 59 30 W 78.58 ft. to a point; run thence N 04 00
30 E 51.68 ft, to a point; run thence N 38 59 27 W 114.17 ft. to a
point; run thence with a curve having a chord direction of N 33 22
41 E, a chord of 55.12 ft., a radius of 52.00 ft., and a length of
58.10 ft.; run thence N 01 22 14 E 61.20 ft, to a point; run
thence with a curve having a chord direction of N 37 06 33 W with
a chord of 49.79 ft., a radius of 40.00 ft., and a length of 53.74
ft.; run thence N 75 35 42 W 20.86 ft. to a point; run thence with
a curve having a chord direction of S 85 53 10 W with a chord of
25.41 ft., with a radius of 40.00 ft., and a length of 25,86 ft.;
run thence N 73 56 51 W 134.85 ft. to a point; run thence S 19 00
40 W 15.11 ft. to a point; run thence N 72 47 12 W 60.29 ft. to a
point; run thence N 81 06 29 w 50.01_ft. to a point in the
northeast corner of Madisen Townes Condominiums as shown in Map
Book 10S, Page 30, Carteret County Registry; run thence with the
Madisen Townes Condominium lines the following seven (7) courses
and distances: (1)with a curve having a chord direction of N 72 20
04 W, with a chord of 33.78 ft., a radius of 288.00 ft., and a
length of 33.80 ft., (2) N 68 58 21 W 30.00 ft.; (3)with a curve
having a chord direction of N 70 55 36 W, with a chord of 21.28
ft., a radius of 312.00 ft, and length of 21.28 ft.; (4)N 72 52 52
W 44.89 ft to a point; (5) with a curve having a chord direction
of N 76 15 25 W, with a chord of 48.52 ft., a radius of 412.00 ft.
and a length of 48.55 ft; (6) N 79 37 57 W 54.76 ft. to a point;
and (7) S 22 35 00 W 170.03 feet to an iron pipe; run thence N 09
26 06 E 372.30 ft. to an iron pipe; run thence N 09 39 47 E 693.77
ft. to an iron pipe located in the southern line of Justin's
Corner Section 3; run thence N 89 14 58 E 20.52 ft. to an iron
pipe; run thence S 05 it 46 W 4.99 ft. to an iron pipe; run thence
N 89 30 47 E 281.57 ft. to an iron pipe; run thence N 04 09 59 E
5.07 £t. to an iron pipe; run thence N 89 22 45 E 463.34 ft. to an
iron pipe; run thence S 09 35 51 W 1327.74 ft to a concrete
monument located at the point and place of beginning and being
17.94 acres more or less as shown on the above referenced Stroud
Engineering Survey.
Excepted from the above -referenced property are the right of ways
of Penny Lane and John Platt Drive to the extent said roads are
platted and dedicated.
o

L-11

�42011
/Pnturn to: Kirkman, Whitford S Brady
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Mnlanle RrWfERET COUNTY p8P
SL Date-12/03/2003 Time 13e0300
GR 1030140 Pape 1 of 28
NORTH C,AROLINA, CARTERET COUNTY
Thu farogolN cerliffrata(a) of Ns�ary PWIr.(a) ]dare
caq lod to tm eorroct. This InsU4,nen; znJ ttx.r rurt3+-
ea1e'M duty reglsEarad :r tim d:do ;"ri tans ant in
the Hoak and Vagi slkrert en rho first pare;
lose An , Ft ',r of UrxYfa
A��t7wr. a or.a
DECLARATION OF RESTRICTIVE COVEANTS
FOR MOREHEAD PROFESSIONAL PARK
THIS DECLARATION OF RESTRICTIVE COVENANTS made and entered
into this 2Id day of December, 2003, by the present owner of the
property described in Paragraph l(1) hereunder, C 6 D Development,
LLC, a North Carolina limited liability company, hereinafter
called "DECLARANT".
STATEMENT OF PURPOSE
Declarant is the owner of certain property located in
Morehead City, North Carolina more particularly described in.
Paragraph l(1) herein which it desires to develop as an office and
professional business district. Declarant desires to provide for
the preservation of the values and amenities for such uses and for
the maintenance of coimnan areas; and, to this end, desires to
subject the property described in Paragraph l(1) herein, together
with such additions as may hereafter be made thereto, to the
covenants, restrictions, easements, charges and liana hereinafter
set forth, each and all of which is and are for the benefit of
said property, Declarant and each subsequent owner thereof.
Declarant deems it desirable for the efficient preservation of
such values and amenities in said Community, to create an agency
to which should be delegated and assigned the powers of
maintaining and administering the community properties and
facilities and administering and enforcing the covenants and
restrictions and collecting and disbursing the assessments and
charges hereinafter created. To this end, Declarant has
incorporated or will incorporate under the laws of 'the State of
North Carolina, as a nonprofit corporation, Morehead Professional
Park Owners' Association, Ino. (the "Association"), for the
purpose of exercising the functions aforesaid;
NOW THEREFORE, Declarant declares that the real property
described in Paragraph l(1) he is and shall be held,
transferred, sold, conveyed and occupied subject to the covenants,
a�
J 3 0 0 K LD 0) PAGE D—L

-2-
restrictions, easements, charges and liens (sometimes referred to
as-"coyenants and restrictions") hereinafter set forth.
ARTICLE I
Definitions
I. Definitions. The following words when used in this
Declaration or any Supplemental Declaration (unless the context
shall prohibit) shall have the following meanings:
a.. "Architectural Committee" shall mean those three or
more individuals so designated from time to time by the Board of
Directors of the Association. Those individuals appointed by the
Board of Directors may be removed from the Architectural Committee
at any time by the Board of Directors at its discretion. The
Board of Directors may designate itself as the Architectural
Committee.
b. "Association" shall mean and refer to Morehead
Professional Park Owners' Association, Inc., as formed or to be
formed by Declarant.
c. "Board of Directors" shall mean the Board of Directors
from time to time of the Association.
d. "Common Area" shall mean and refer to those areas of
land now or hereafter shown on any recorded subdivision plat of
the Property or hereafter deeded to the Association and intended
to be devoted to the common use and enjoyment of the Owners, but
shall exclude each individual Lot and any structure thereon. The
streets shown on the Plat referenced in Exhibit A and designated
"John Platt Drive" and "Penny Lane" are dedicated for ingress,
egress and regress to the Lots and for public use and Declarant
reserves the right to deed the same (subject to use rights of the
public and Owners) to either the Town of Morehead City or the
Association. Even if deeded to the Town of Morehead City,
Declarant may designate the streets Common Area.
a. "Declarant" shall mean C S D Partnership, LLC, its
successors and assigns to which it shall convey or otherwise
transfer its right, title and interest to all or any part of the
Property and in so doing expressly designates the transferee as a
"Declarant" hereunder.
f. "Development Period" shall moan the period that is ten
(10) years from the date of this Declaration is recorded at the
Register of Deeds of Carteret County. With respect to any land
annexed to the Property by Declarant as herein permitted, the
"Development Period" shall mean the time that is ten (10) years
from the time that such land is annexed to the Property by
recording of the Amendment hereto at the Office of the Register of
Deeds of Carteret County.
�fla 0_ PAGE-l-

g. "Lot" shall mean a lot or parcel of real property in
the Property shown on the Plat. As used herein, "Lot" shall not
include the Common Areas, nor shall it include roads, streets, or
parking areas within the .Property which are to be deeded or
dedicated by Declarant to the Town of Morehead City.
h. "Master Association" shall mean Madison Park Master
Association, Inc. as set forth in the Declaration of Covenants,
Conditions and Restrictions for Madison Parke (Master Association)
recorded in Book 866, Page 606 Carteret County Registry and as .
amended.
i. "Member" shall moan a person or entity who holds
membership in the Association as provided in this Declaration
hereafter.
j. "Mortgagee shall include the noteholder or cestui quo
trust secured by a deed of trust.
k. "Owner" shall mean the record owner, whether one or
more persons or entities, of the fee simple title to any Lot, or,
if a Lot is subject to a reversion in a lease redeemable pursuant
to law, the owner of the leasehold interest, and not the holder of
title as such of the reversionary interest, including contract
sellers, but excluding those having such interest merely as
security for the porformanee of an obligation.
1. "Property" shall mean all that certain property
described in Exhibit A attached hereto and incorporated herein by
reference, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association by annexation and
subjected to this Declaration as herein provided.
m. "Structure" shall mean any thing or device other than
trees, shrubbery (less than three feet high in the form of a
hedge) and landscaping, the placement of which upon the Property
(or any part thereof) may affect the appearance of the Property
(or any part thereof) including, by way of illustration and not
limitation, any building, trailer, garage, porch, deck, shed,
greenhouse, or bath house, coop or cage, covered or ,uncovered
patio, swimming pool, clothesline, radio, television or other
antenna, satellite dish, fence, sign, curbing, paving, wall,
roadway, walkway, exterior light, hedge more than three feet in
height, signboard or any temporary or permanent living quarters
(including any house trailer) or any other temporary or permanent
improvement to the Property or any part thereof. . "Structure"
shall also mean (i) any excavation, fill, ditch, diversion dam or
other thing or device which affects or alters the natural flow of
surface waters from, upon or across the Property, or which affects
or alters the flow of any waters in any natural or artificial
stream, wash or drainage channel from, upon or across the
S00 O PAGE 4--

-4-
Property, and (ii) any change in the grade of the Property (or any
part thereof) of more than six (6) inches from that axisting at
the time of purchase by an Owner.
ARTICLE TWO
Property Rights
2.1 Grant of Lots. Declarant shall hereafter hold, grant
and convey the Property, and any part thereof, including, but not
limited to Lots, subject to the covenants, conditions, easements
and restrictions herein set forth and as set forth on the plat of
"Morehead Professional Park Lot 1-16" prepared by Stroud
Engineering, P.A., dated October 9, 2003, recorded in Book 30,
Page 358, Carteret County Registry, which are for the benefit of,
binding upon and shall run with the land, and are £oi the benefit
of Declarant, the Association and the Owners, their heirs,
personal representatives, successors and assigns.
2.2 Grant of Common Areas. Declarant covenants that it
will convey the Common Areas to the Association, and the
Association shall accept from Declarant the Common Areas, with
such improvements as may be constructed thereon at the time of
such conveyance and shall hold them subject to the provisions
hereof. Declarants covenant that they will convey the streets,
sediment basin, and an easement in all drainage easements to the
Association after seventy-five (75%) percent of the lots are sold.
Declarant reserves the right to convey any retention pond and
drainage area or easements to the Master Association as defined
herein.
2.3 Member's Easements of Enjoyment. Every 'Member shall
have a right and non --exclusive easement of use and enjoyment in
and to the Common Areas which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following
provision:
The right of the Association to dedicate or transfer
all or any part of the Common Areas to. any public
agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by
majority vote of the Members.
2.4 Structures.Except as otherwise permitted by the
provisions of this Declaration, no Structure shall, be; erected,
placed or maintained on any Common Area except: (i) Structures
designed exclusively for the common use of Members, including, but
not limited to, benches, chairs or other seating facilities,
fences and walls, walkways, roadways, and similar facilities; and
(ii) pumping stations, drainage, storm and utility systems. The
Common Areas may be graded, planted with trees and shrubs and
other plants placed and maintained thereon for the use, comfort
BaoxIL `�_O - i'.1uL (L.�- O '

-1.
and enjoyment of the Members or for the establishment, retention
or preservation of the natural growth or topography of the Common
Areas and for aesthetic reasons.
2.5 Rules. The Association shall have the right to prescribe
reasonable rules and regulations governing the use of the Common
Areas, which rules and regulations shall apply equally to all
Members.
2.6 Association Management. The Association may improve,
develop, supervise, manage, operate, examine, inspect, care for,
repair, replace, restore and maintain the Common Areas, including,
by way of illustration, and not limitation, streets, roadways,
sidewalks, parking areas and all trees, shrubbery and other plants
and landscaping, together with any items of personal property
placed or installed thereon, at the cost and expense of the
Association. The Association shall maintain the storm water
management features of the Subdivision as provided in Article 12
hereof.
ARTICLE THREE
Reserved Rights of Declarant
3.1 ReservedRights of Declarant. The Association shall
hold the Common Areas conveyed to it by Declarant subject to a
reservation to Declarant of an easement over any road in the
Common Areas, such easement for the purpose of ingress and egress
and the 'installation and maintenance of public and private
utilities to serve the Property and any part thereof, including
any Lot and all or any part of the property'described in Exhibit B
attached hereto.
3.2 Grading. Declarant further reserves unto itself the
right at or after the time of grading of any Street or any part
thereof for any purpose, to enter upon any abutting Lot and grade
a portion of such Lot adjacent to such street, provided such
grading does not materially interfere with the use or occupancy of
the Lot for the purposes allowed herein. However, said Declarant
shall not be under any obligation or duty to do such grading or to
maintain any slope.
3.3 Amendment of Plats. No right shall be conferred upon
any owner or Member by the recording of any plat relating to the
development of the Property, Declarant expressly reserving unto
itself the right to make such amendments to any such plat or plats
as in its best judgment shall be advisable and as shall be
acceptable to public authorities having the right to approval
thereof. This provision shall not be deemed to give Declarant any
right to amend the property line or any Lot not then' owned by
Declarant.

-a-
3.4 Easement for Utilities.
a. Declarant, for itself, its successors and assigns,
reserves an easement on, over and under the Common Areas for the
purpose of ingress and egress and the installation and maintenance
of public and private utilities to serve the Property and the Late
therein, and all or any part of the property described on Exhibit
B attached hereto, including, but not limited to, the right to
lay, install, construct and maintain pipes, drains, mains,
conduits, lines and other facilities for water, storm sewer,
sanitary sewer, gas,. electric, telephone, cable television, and
other public or private services or utilities deemed by Declarant
necessary or advisable to provide adequate service to any Lot now
or hereafter laid out or established on the Property, and all or
any part of the property described on Exhibit B attached hereto,
or in or on the area in which the same is located, together with
the right and privilege of entering upon the Common Area for such
purposes and making opening and excavations thereon which openings
and excavations shall be restored in a reasonable period of time.
b. Further, Declarant, for itself, its successor* and
assigns, reserves an easement on, over and under the Common Areas
for the purpose of ingress and egress and the installation and
maintenance of public and private utilities to serve land
adjoining any of the Common Areas (whether such land is owned by
Declarant,. its successors or assigns, or others), including, but
not limited to the right to lay, install, construct and maintain
pipes, drains, mains, conduits, lines and other facilities for
water, storm sewer, sanitary sewer, gas, electric, telephone,
cable television, and other public or private. services or
utilities deemed by Declarant necessary or advisable to provide
adequate service to any such land, or in or on the area in which
the same is located, together with the right and privilege of
entering upon the Common Area for such purposes and making
openings and excavations thereon which openings and excavations
shall be rastorod in a reasonable period of time.
ARTICLE FOUR
Membership and_Votinq_Rights
4,1 Membership. Every Owner of a Lot which is subject to
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
4.2 Voting. The Association shall have two (2) classes of
voting membership:
a. ' Class A. Class A Members shall be all Owners,
with tKe exception of Class B Members, and shall be
entitled to one (1) vote for each Lot owned. When more
Boo fiA�E �.

.7.
than one person holds an interest in any Lot, all such
persons shall be Members. The vote for such Lot shall
be exercised as the Owners among themselves determine,
but in no event shall more than one vote be cast with
respect to any Lot.
b. Class B. The Class 8 Member shall be the
Declarant. The Class B Member shall be entitled to
three (3) votes for each Lot owned. The Class B
membership shall cease, subject to revival upon
additional land being annexed to the Property pursuant
to this. Declaration, and be converted to Class 'A
membership on the happening of the first to occur at
the following:
i When the total votes outstanding in the
Clans A membership equal or exceed the total
votes outstanding in the Class B membership,
or
ii. January 1, 2009.
ARTICLE FIVE
Covenant for Maintenance
5.1 Creation of Lien and Personal Obligations for
Assessments. The Declazant, for each Lot, hereby covenants, and
each Owner of any Lot by acceptance of a dead therefor, whether or
not it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association: (i) annual assessments or
charges, (ii) special assessments, and (iii) additional
assessments, all such assessments to be established and collected
as hereinafter provided. The annual, special, and additional
assessments, together with interest, costs and reasonable
attorneys fees shall be a charge on the land and shall be a
continuing lien upon the Lot against which each such assessment is
made. Each such assessment, together with interest, costs and
reasonable attorney's fees, shall also be the personal obligation
of the person (s) who was the Owner of such Lot at the time when
the assessment became due. The personal obligation for delinquent
assessment shall not pass to successors in title of an Owner
unless exprasaly assumed by them.
5.2 Purposes of Assessments, Assessments levied. by the
Association shall be used exclusively to promote the health,
safety, and welfare of the Owners of Lots within the Property and
for the improvement and maintenance of the Common Areas and as is
otherwise consistent with the rights and responsibilities of the
Association hereunder and for the benefit of the Members.

5.3 Commencement of Assessment. No minimum or specific
regular or special assessment is being established by Declarants.
The Association, at such time its Board of Directors deems
appropriate, will determine the amount of any regular or special
assessment and the due date and payment terms thereof.
5.4 Rate of Aaaesament. All assessments shall be levied
against each Lot based on the square footage of each lot.
5.5 Additional Assessments. Additional assessments may be
fixed against any Lot only as provided for in this Declaration.
Any such assessments shall be due as provided by the Board of
Directors in making any such assessment.
5.6 Surplus Receipts. Any surplus of receipts over
expenses of the Association for any fiscal year shall be either
applied to reduce the assessments necessary to meet the budget
adopted by the Association for the next fiscal year or refunded by
the Asaociation to each Owner, and the refund shall be prorated -
among the Owners (and former Owners), including the Declarant,
based upon the portion of the previous fiscal year that each such
Owner (or former Owner), including the Declarant, shall have held
record title to the Lot, as determined by resolution of the Board
of Directors.
5.7 Effect of Nonpayment of Assessments, Remedies of the
Association. Any assessment not paid within thirty (30) days
after the duo date shall bear interest from the due date at the
rate of TEN PERCENT (10%) per annum, and shall be subject to a
late charge of Twenty --Five Dollars ($25,00) for every month past
due. The Board of Directors shall have the right to declare the
entire balance of the annual assessment and accrued interest
thereon to be immediately due and payable. In addition, the Owner
shall be liable for all coats of collecting any such assessment,
including reasonable attorney's fee and court costa. A11 such
interest, late charges and costs of collection shall be deemed to
be an additional assessment hereunder. The Association may bring
an action at law against the Owner personally obligated to pay the
same and/or, without waiving any other right, may foreclose the
lien against the Lot. No Owner may waive or otherwise escape
liability for the assessments provided herein by non-use of the
Common Area or abandonment of his Lot.
5.8 Subordination of the Lien to Mortgages. The lien for
the assessments provided for herein shall be subordinate to the
lien of any mortgage or deed of trust duly recorded prior to the
time a Claim of Lien is filed with the Clerk of Court of Carteret
County. Sale or transfer of any Lot shall not affect the
assessment lien. However, any contract purchaser of a Lot shall
be entitled, on written request to the Association, to a statement
in writing from the Association setting forth the amount of any
unpaid assesaments against the Owner of the Lot due the
Boo .O 0 4-0-

-9-
Association and such purchaser *hall not be liable for, nor shall
the Lot conveyed be subject to a lien for, any unpaid assessments
made by the Association against the Lot in excess of the amount
not forth in such statement. The sale or transfer of an Lot
pursuant to foreclosuze or any proceeding in lieu thereof, of a
mortgage senior in priority to the assessment lien, shall
extinguish the lien of such assessments as to the payments which
became due prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any assessments
thereafter becoming due or from any lien therefor.
ARTICLE SIX
MAINTENANCE BY OWNER
The Owner of each Lot shall keep his Lot, and all
improvements thereon, in good order and repair, including but not
limited to, the seeding, watering and mowing of all lawns and
yards, keeping all sidewalks neat, clean and in good repair, and
free of ice and snow, the pruning and cutting of all trees and
shrubbery and the painting (or other external care) of all
buildings and Structures on the Lot, all in a manner and with such
frequency as is consistent with good property management and
maintenance. If, in the opinion of the Architectural Control
Committee, any Owner fails to perform the duties imposed
hereunder, the Association, on affirmative action of a majority of
the Board of Directors, after fifteen (15) days written notice 'to
the Owner to remedy the condition in question, and upon failure of
the Owner to remedy the condition, shall have the right (but not
the obligation), through its agents and employees, to enter upon
the Lot in question and to repair, maintain, repaint and restore
the Lot and the improvements or Structures thereon and the cost
thereof shall be a binding, personal obligation of such Owner, and
an additional assessment upon the Lot in question.
ARTICLE SEVEN
ARCHITECTURAL REVIEW
7.1 All of the rights and powers (including discretionary
rights and powers) reserved by or conferred upon Declarant by this
Article Seven are invested initially in Declarant alone (including
any successor or assign of C s D Partnership, LLC) to which it
shall convey or. otherwise transfer its right, title and interest
to all or any part of the Property and in so doing expressly
designates the transferee as "Declarant", but may be assigned or
transferred by Declarant to the Architectural Committee. This
right or assignment may be exercised by Declarant from time to
time, and may be exercised in whole or in part, and may apply to
all or any part of the Property, including any Lot. In any event,
the rights and powers of Declarant under this Article Seven shall
automatically terminate with respect to Declarant and vest in the
Architectural Committee alone upon the earlier to occur of (a)
ten (10) years from the date hereof or (b) when improvements have
BOOK-:LQ--a'Q- R ,,GE LLE-0^��

- 10.
initially been constructed on all Lots and the Owners of all ouch
Lots have been issued Certificates of Occupancy by Carteret County
for the improvements constructed on the Lots. Whenever "Declarant
or Architectural Committee,, is used or referred to in this Article
Seven, it shall apply to the Declarant alone until such time as
Declarant shall transfer rights to the Architectural Committee and
then shall apply to the Architectural Committee with respect to
any such rights transferred to the Architectural Committee.
No Structure shall be commenced, erected or maintained on
the Property (including any Lot), not shall the exterior
appearance (including the color thereof) of any Structure on the
Property, be changed or altered from the original appearance
thereof, nor shall the natural state of any area of the Property
be disturbed or altered, nor shall any work be commenced or
performed which may result in a change in the exterior appearance
of any such Structure, until plans and specifications showing the
nature, kind, shape, dimensions, materials, floor plans, color
scheme, location, exterior plans and details, paving plane and
location, landscaping details and proposed topographical changes,
together with estimated cost of said work and the proposed
construction schedule therefore, and together with a designation
of the party or parties to perform the work, have been submitted
to and approved in writing by Declarant (or Architectural
Committee after the rights and powers with respect thereto have
been transferred to it by Declarant as herein provided). In the
event the Declarant (or the Architectural Committee) fails to
approve or disapprove such design and location in writing within
sixty (60) days after said plans and specifications have been
submitted to it, approval will not be required and this Article
will be deemed to have been fully complied with.
7.2 Committee Criteria. The Declarant (or Architectural
Committee) shall consider such plans and specifications for
approval upon the basis of, among other things, the harmony of
external design and location in relation to surrounding Structures
and topography, the nature and durability of the materials,
quality of workmanship, choice of colors and materials, grade
elevations and/or drainage, the ability of the party or parties
designated by the Owner to complete the work proposed in
accordance with the plans and specifications submitted, including,
without limiting the foregoing, such factors as background,
experience, skill, quality of workmanship, financial ability, etc.
. . In reviewing, the plans, the Declarant (or Architectural
Committee) may also consider factors of public health and safety,
the effect the proposed work will have on the use, enjoyment and
value of surrounding properties, and/or the outlook or view of
other neighboring properties and the suitability of the proposed
improvements or alterations with the general aesthetic values of
the surrounding area.

7.3 Disapproval of Plans. In any case where the Declarant (or
Architectural Committee) shall disapprove the plans and
specifications submitted hereunder, or shall approve the same only
as modified or upon special conditions, such disapproval or
qualified approval shall be accompanied by a statement in Writing
of the grounds upon which such action was based. In any such
case, the Declarant (or Architectural Committee) shall, if,
requested, make reasonable efforts to assist and advise the
applicant in order that an acceptable proposal can be prepared and
submitted for approval. However, the final decision of the
Declarant (or Architectural Committee) is final and binding.
7.4 Approval of Plans. The applicant shall submit for
approval two (2) sets of plane and specifications. Upon approval
by the Declarant (or Architectural Committee), one copy of such
plans and specifications shall be retained by the Declarant (or
Architectural Committee), and the other bearing the approval of
Declarant (or Architectural Committee) in writing shall be
returned to the applicant.
7.5 Non -approved Structures. If any structure shall be
altered, erected, placed or maintained upon any part of the
Property, including any Lot, or any new use commenced on any part
of the Property including any Lot, in violation of the provisions
hereof, such Structure or new use shall be removed or
discontinued, and such use shall be terminated so as to extinguish
such violation. If within fifteen (15) 'days after notice from
Declarant (or Architectural Committee) of such violation, the
Owner of the Lot upon which such violation exists shall not have
taken reasonable steps towards the removal or termination of the
same, the Declarant (or the Association upon recommendation of the
Architectural Committee) shall have the right to apply to a court
of competent jurisdiction for an order directing the owner to
remove or discontinue such Structure or now use, and if the Owner
shall fail to do so,.authorising the Declarant or the Association,
through its agents and employees, to enter upon the Lot and to
take such steps as it deems necessary to extinguish such
violation, and the cost thereof shall be a binding, personal
obligation of the Owner of the Lot and an additional assessment
upon the Lot.
7.6 Completion of Construction. Upon completion of
construction of any Structure in accordance with the provisions
hereof, the Declarant (or Architectural Committee), upon request
of the applicant shall issue a Certificate of Compliance in form
suitable for recording with the Register of Deeds of Carteret
County, identifying such Structure and the Lot (or other part of
the Property) on which such Structure is placed, and stating that
the Structure has been completed pursuant to the terms hereof.
Preparation and recording of such Certificate shall be at. the
expense of the applicant. Any Certificate of Completion issued
pursuant hereto shall be prima facie evidence of the facts therein
BOO r_ --o 0 PAGFI LL-O

iz -
stated, and as to any purchaser or encumbrancer in good faith, and
for value, or as to any title insurer, such Certificate shall be
conclusive evidence that all Structures on the Lot (or other part
of the Property) noted in such Certificate comply with the
provisions hereof.
7.7 Examination Fee. The ' Declarant (or Architectural
Committee) may charge and collect a reasonable fee for the
examination of the plans and specifications submitted for
approval. Such payment shall be made at the time such plans and
specifications are submitted, provided that such charge shall not
exceed the amount chargeable by the appropriate governmental
authority for an application for and processing of building
permits for Structures on the Lot with regard to which such plans
and specifications are submitted. Such fee shall be retained by
Declarant (or the Association for the Architectural Committee).
7.0 Committee Compensation. The members of the
Architectural Committee shall serve without compensation unless
specifically approved by the Members.
7.9 Architectural Rules. The Declarant (or Architectural
Committee), to the extent of its functions hereunder and the
rights specifically provided herein, may adopt and promulgate
reasonable rules and regulations regarding the administration,
interpretation and enforcement of the provisions of this
Declaration.
7.10 Conditional Approvals. In granting any permit,
authorization, or approval, as herein provided, the Declarant (or
Architectural Committee) may impose any appropriate conditions or
limitations thereon as they shall deem advisable under the
circumstances of each case,
7.11 Lot Restrictions. The following restrictions will
apply to all Lots. These restrictions may be amended by Declarant
at any time until it shall transfer all of its rights and powers
under this Article Seven to the Architectural Committee. (This
right of amendment is in addition to the right to amendment of
this Declaration set forth in Article Nine below). Any amendment
shall become effective when a written instrument setting forth the
amendment is signed and recorded by Declarant (or the
Architectural Committee) at the Register of Deeds of Carteret
County. The restrictions are as follows:
a. Subdivision. No Lot shall be split, divided, or
subdivided for safe, resale, gift, transfer or otherwise after
acquisition from Declarant. With respect to any Lots while owned
by Declarant, Declarant expressly reserves the right to further
subdivide or alter property lines as it may deem necessary and
appropriate, subject to all applicable governmental laws, rules
and regulations.
80C} _. a - -0 PAG-U-164—(--)

ME
b. No Poles. No facilities, including poles and wires for
the transm scion of electricity, telephone and the like shall be
placed or maintained above the surface of the ground on any Lot.
C. No Tem ord Residences, No temporary building,
trailer, garage, or bui ding in the course of construction or
other Structure shall be used, temporarily or permanently, as a
residence of any Lot.
d. Trash. No lumber, metals, bulk materials, refuse or
trash shall be kept, stored, or allowed to accumulate on any Lot,
except building materials during the course of construction of any
approved Structure. During the course of construction of any
approved Structure, all trash or other refuse resulting therefrom
shall be removed daily. The Declarant (or Architectural
Committee), in its sole discretion', may adopt. and promulgate
reasonable rules and regulations relating to size, shape, color,
and type of trash or other refuse containers permitted and the
manner of storage of the same on the Property, provided that the
same must be sanitary and animal -proof. If trash or other refuse
is to be disposed of by being picked up and carried away on a
regular and recurring basis, the containers therefore may be
placed in the open on any day that pick-up is to be made, at such
place on the Lot as to provide access to persons making such pick-
up. At all other times such containers shall be stored in such a
manner so that they cannot be seen from adjacent and surrounding
property.
Architectural Style; Building Restrictions
i. Lots may only be used for the permitted and
special uses within the underlying zoning
districts for such Lots as established from time
to time by the Town of Morehead City.
ii. The principal structure on the Property must
have at least 3,000 heated square feet.
iii. Each Lot is subject to a front set back of
fifteen (15) feet, rear not back of fifteen (15)
feet and side set back of seven (7) fact. Any
corner lot shall be subject to a fifteen (15) foot
setback requirement on both street frontages.
iv. No flat roofs on one story buildings will be
permitted on the Property. All one story
buildings must have a roof pitch of 5112 or more..
V. Only dimensional shingles, wood shingles,
tile, slate, or pleated metal (or other materials

-14-
with similar appearance approved by the Declarant,
or subsequently the owners association) will be
permitted on roofs for structures on the Property,
except that on buildings of 2 or more stories in
height with flat roofs, membrane or built up roofs
will be permitted.
vi. No metal buildings will be permitted on the
Property. Notwithstanding the foregoing,' metal
framed pre-engineered buildings may be permitted
on the Property if such structure is approved by
the Declarant (or Architectural Committee).
vii. No buildings or structures using exposed
concrete or cinder block on the exterior will be
permitted on the Property.
viii. No exterior sidings installed in panels,
including plywood, hardboard, synthetic, or metal,
will be permitted for use on the Property.
ix. All driveways and parking lots are to be
paved with concrete, asphalt, brick, or other
solid surface material approved by the Declarant,
or subsequently the owners association, by the
time the principal building on the Property is
completed.
X. No elevated tanks of any kind will be
permitted on the .exterior of any structure on the
Property.
xi. No shallow wells will be permitted on the
Property.
f. Fences. There shall be no fence in the front of any
Lot. with the respect to the back of any Lot, a privacy fence
which shall be a minimum of six (6) feet tall shall be built
across the back of every Lot to serve as a buffer and screen
between the development and adjacent property. said fence shall
be constructed of salt treated lumber or an equivalent approved by
the Declarant (or Architectural Committee) and said fence shall he
double sided. Design of said fence shall be approved by the
Declarant (or Architectural Committee) pursuant to Article 7 of
the Covenants. During such time as construction of a structure is
underway, Owner may temporarily maintain a chain link or wire
fence to enclose building materials and .equipment located on the
Lot for such time period as reasonably necessary to complete such
construction. Declarant (or Architectural Committee) reserves the
right to designate the location of such fenced area which shall be
in the .area detracting the least from the appearance of the
Property as a whole while still being reasonably accessible to

-15-
Owner for its intended purposes. After the completion of such
construction or the necessity for securing building materials or
equipment within such fenced are, the fence shall' promptly bo
removed by Owner.
g. Animals. No animals will be kept or penned
outside of any Lot on the Property. This restriction shall not
prohibit the walking of pets on the Property and shall not
restrict within any Structure on a Lot, the housing of house pate
and typical animals treated in a small animal clinic.
h. No Offensive Activity. No obnoxious or offensive
trade or activity shall be carried on or upon the Lot nor shall
anything be done thereon which may be or become an annoyance or
nuisance to adjoining Lot Owners.
i. No Pollution. No Lot shall be so used as to cause
any pollution to streams or ponds on or adjacent to said Lots or
to any adjoining property's water supplies which is in violation
of any Federal, State, or Local Statute, rule or regulation. No
Lots shall be used or maintained as to cause any erosion of soil
or sediment into such streams, ponds or water supplies. During
the grading and construction of any improvements upon any Lot,
adequate arrangements shall be made to insure that no erosion of
soil or sediment into such streams, ponds or water supplies.
j. U htin . No exterior lighting on any Lots shall
be directed outwar rom the boundaries of the Lot; and, mercury
lights may not be used for any such exterior lighting.
k. Construction. Any new Structure to be constructed
upon any Lot must o substantially completed within twelve (12)
months from the commencement of construction thereof.
1. Signs. In addition to the regulations of signs
enacted by the Town of Morehead City, prior to the erection of any
sign on any Lot within the Morehead Professional Park, the design
of said sign shall be submitted to the Declarant (or Architectural
Committee) for approval. No sign shall exceed sixty-four (64)
square fact in surface area.
M. Drainage. All Lots shall be graded so that all
storm water drains from the rear of each Lot to the front of said
Lot into the curb and gutter fronting that Lot or if a lot abuts a
drainage ditch the lot may be graded so that all storm water
drains into the drainage ditch.
7.t1 Interpretations and Exculpation of Liability. Declarant
(or the Architectural Committee) will be the interpreter of the
provisions of this Declaration with respect to all matters
involving aesthetics. Its decisions in such matters shall be
final if consistent with the intent of this Declaration. In any
J300K__�_-_L_(9_3Q PAGL14-0

-16•
and all events, neither Declarant or the Architectural Committee
will be liable for any decisions, action or inaction taken
pursuant to this Article Seven, including, but not limited to any
matters concerning aesthetics and/or the administration,
interpretation, application and enforcement of. the provisions of
this Article Seven.
ARTICLE EIGHT
RULES AND RESTRICTIONS
8.1 Rules. In order to assure the peaceful and orderly use
and enjoyment of the Property, the Board of Directors may from
time to time adopt, modify and revoke in whole or in part, • such
reasonable rules and regulations, to apply equally to all
similarly situated Lots and owners, governing the conduct of
persons on or use of a Lot and the Common Areas, as the
Association may deems necessary. All such rules shall be binding
upon all Owners, occupants and visitors to the Property. The
Association may impose a fine, suspend voting or infringe upon any
other rights of an Owner or other occupant for violation of the
rules upon compliance with applicable law, if any, and this
Declaration.
8.2 Rental Restrictions. Every lease or rental agreement for
a Lot and the improvements thereon shall provide that the tenant
under the lease shall be subject to and shall comply with the
provisions of this Declaration, the By -Laws and Rules and
Regulations of the Association, as the same may be amended from
time to time.
ARTICLE NINE
ANNEXATION
9.1 Additional Property- Additional Lots and/or Common Areas
may be annexed to the property with the consent of two-thirds
(2/3) of each class of Members,
9.2 Annexation by Declarant. Additional land within -the
area described in Exhibit B attached hereto and made a part hereof
may be annexed to the property and made additional Lots and/or
Common Areas of the Property by Declarant without the consent of
other members from time to time within Ten (10) years of the date
that this Declaration is recorded in the Office of the Register of
Deeds of Carteret County. However, Declarant shall be under no
obligation, express or implied, to annex such additional lands
and, by its execution of this Declaration, has in no way
zestricted the future use of such additional property. No Owner
shall be deemed to have any rights, express or implied, to enforce
a restriction in use of the additional property described in
Exhibit B, expressly, or impliedly, except upon such additional -
property being formally annexed in accordance with the terms of
this Declaration.
9.3 Recording. Any annexation made to the Property pursuant
Boo © e PAr`

. 17.
to Paragraph 9.1 above, shall be done and become effective upon
recording of an amendment to this Declaration by the Association
in the Office of the Register of Deeds of Carteret County,
.specifying the additional land to be annexed to the Property; and
any annexation made to the Property hereunder pursuant to
Paragraph 9.2 above shall become effective upon the recording of
an Amendment to this Declaration by Declarant in the Office of the
Register of Deeds of Carteret County, specifying the additional
land to be annexed to the Property.
ARTICLE TEN
PARTY WALLS
10.1 General Rules of Law to Apply. Each wall which is built
as a part of the .original construction of the Structure upon the
Lots and placed on the dividing line between the Lots shall
constitute a party wall, and to the extent not inconsistent with
tho provisions of this Article, the general rules of law regarding
party walls and liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
10.2 Sharing and Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
by the Owners who make use of the wall in proportion to such use.
10.3 Destruction by Fire or Other Casualty. If a party wall
is destroyed or damaged by fire or other casualty, any Owner who
has used the wall may restore it, and if the other Owner
thereafter makes use of the wall, they shall contribute to the
cost of restoration thereof in proportion to such use, without
prejudice, however, to the right of any other Owners who call for
a larger contribution from the others under any rule of law
regarding liability for negligent or wilful acts or omission.
10.4 Weatherproofing. Notwithstanding any other provision
of this Article, an Owner who by his negligent or wilful act
causes the party wall to he exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such
elements.
10.5 Right to Contribution Runs with Land. The right of
any Owner to contribution from any other Owner under this Article
shall he appurtenant to the land and shall pass to such Owner's
successors in title.
ARTICLE ELEVEN
.FORCE MAJEURE
Whenever herein a time period is provided for the Declarant
to do or perform, or within which the Declarant may do or perform
any act or thing, including but not limited to, the time of the
"Development Period" as defined hereinabove, in the event the
Declarant is delayed or hindered in or prevented from doing or
performing such act or thing by reason of strikes, labor troubles,
BOOK-J:L2�a PAGF --I�UQ

_is.
inability to procure labor or materials, failure of power,
restrictive governmental laws or regulations, riots, insurrection,
war, acts of God, fire, or other casualty or reason of a similar
or dissimilar nature beyond the reasonable control of the
Declarant, then performance of such act or thing shall be excused
for the period of the delay and the period for the performance of
such act or thing shall be extended for a period equivalent to the
period of such delay. In no event shall the extensions of time
permitted herein extend beyond twenty (20) years from the date of
recordation of this Declaration with the Register of Deeds of
Carteret County.
ARTICLE TWELVE
STORM WATER PERMIT
12.1 PERMIT. The following covenants are intended to insure
ongoing compliance with state storm water management permit number
5W8 971034 Mod. issued -by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DENR"). The covenants set forth in this article may not be
changed or deleted without the consent of the State of North
Carolina.
(a) The following is a chart which establishes the maximum
impervious area for each Lot. No more than the square feet
set forth for each Lot on such chart shall be covered by
structures or impervious materials. This allotted amount
includes any built -upon azea constructed within the lot
property boundaries, including easements, and that portion of
the right of way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina and parking area, but does not include raised,
open weoding decking, or the water surface of swimming pools.
Lot No.
Lot Site
Maximum Square
Feet
Square Feet
of Impervious Area
1
42,162.95
ft
34,361.00
ft
2
34,982,62
ft
27,648,00
ft
3
29,859.12
ft
26,000.00
ft
4
31,965.65
ft
26,898.00
ft
5
49,207.67
ft
41,287.00
ft
6
20,039.67
ft
18,035.00
ft
7
32,642.83'ft
27,378,00
ft
8
30,820.20
ft
27,737.00
ft
Boo} L-30 P,"0 _L-4-Q

i9
9
25,335.83
ft
22,764.00'ft
10
27,228.79
ft
24,506.00
ft
11
51,366.64
ft
34,748.00
£t
12
15,784.73
ft
14,083.00
ft
13
17,774.92
ft
15,997.00
ft
14
30,066.07
ft
27,059.00
ft
15
20,035.90
ft
16,032,00
ft
16
21,401.57
ft
19,261.00
ft
(b) These covenants in this Article 12 pertaining to
stormwater regulations may not be altered or rescinded wihtou the
express written consent of the State of North Carolina, Division
of Water Quality;
(c) No alteration of the drainage shown on the approved
plan can be made without the concurrence of the State .of North
Carolina, Division of Water Quality;
(d) All runoff. on the lot must drain into the permitted
system. This may be accomplished by providing roof drain gutters
which drain to the street, grading the lot to drain toward the
street, or grading perimeter swales and directing. them into the
pond or stroot.. Lots that naturally drain into the system are not
required to provide these measures.
(a) Built -upon area in excess of the permitted amount will
require a permit modification.
(f) Each lot within the subdivision whose ownership is not
retained by the permitteo, must submit a separate Offaits
Stormwater Management Permit application package to the Division
of Water Quality and receive a permit prior to any construction on
the lot.
.(g) The State of North Carolina is made a beneficiary of
these covenants to the extent necessary to maintain compliance
with the Stormwatez Management Permit.
(h) These covenants are to run with the land and be binding
on all persons and parties claiming under them.
12.2 COMPLIANCE WITH STORM WATER PERMIT. At such time
as the Declarant has conveyed twelve (12) Lots in the Subdivision,
or, January 1, 2009 whichever is earlier, the Association shall
BOOIL�: Pile,

•zD-
assume responsibility for maintaining compliance with storm water
permit number SW8 971034 Mod. This shall include filing with the
North Carolina Division of Water Quality a properly executed
name/ownership change request.
12.3 M ENDMENTS. Declarant reserves the right to amend
this declaration or any supplement hereto, to keep the Subdivision
and each Lot therein in compliance with state storm water
regulations. Such amendments may include additional restrictions
and easements. Therefore, notwithstanding any provision to the
contrary in this declaration, Declarant shall have the absolute
right, in its sole discretion, to amend this declaration to
include any and all such restrictions and or easements required by
DENR as a part of its approval of the storm water plan for the
Subdivision. Any such amendment shall become operative and
binding upon all owners, and their properties when set forth in an
amendment or supplement to this Declaration and recorded in the
Office of the Register of Deeds of Carteret County, North
Carolina. The Association shall have the obligation and
responsibility of thereafter enforcing this Declaration as amended
in accordance with such additional restrictions and storm water
plans.
12.4 ENFpRCOWNT. The State of North Carolina through
DENR or its successor, is given specific authority to enforce this
Declaration to the extent necessary to cause compliance with
impozvious surface limitations imposed by the North Carolina
Coastal Storm Water Regulations. The remedies available to the
State of North Carolina include, without limitation, the remedy of

WIR
specific performance.
ARTICLE THIRTEEN
MASTER ASSOCIATION
13.1,Formation. The developer of property adjacent to
Morehead Professional Park has formed a North Carolina non-profit
corporation called Madison Park (Master Association) for
maintaining and administering certain common areas which will be
shared by the lot owners in Morehead Professional Park along with
the unit owners in Madison Townes Condominiums and Madison Court
Condominiums. A Declaration of Covenants, Conditions, and
Restrictions for Madison Parke (Master Association) has been
recorded in Book 866, Page 606 Carteret County Registry and as
subsequently -amended,
13.2 Membership, The Master Association consists of all
lot owners in Morehead Professional Park, all owners of Madison
Townes Condominium units, as described in the Declaration of
Condominium for Madison Townes recorded in Book 886, Page 430,
Carteret County Registry and as subsequently amended, and all
owners of Madisen Court Condominium units as described in the
Declaration of Condominium for Madison Court Condominium recorded
in Book 866, Page 607 Carteret County Registry and as subsequently
amended.
13.3 Assessments. The Board of Directors of the Master
Association shall have the authority to levy assessments against
the condominium units and Lots for all of the common expenses of
the Master Association. Such assessment shall become a lien on
the lots against .which they are assessed, and if any payment
thazoof becomes delinquent, the lien may be foreclosed and the lot
BOOK- 0 I 1 {-0

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sold, or a money judgment obtained against the persons liable
therefor, all as set forth in the Declaration of the Master
Association. ' The cost of maintaining the Master Association
common areas will be apportioned based on usage between the)
residential and commercial properties in the Master Association.
The cost will be assessed uniformly against all residential units
(Madison Townes Condominiums and Madison Court Condominiums) and
assessed against each lot owner in Morehead Professional Park
based on the total square footage of each lot owned.
ARTICLE FOURTEEN
GENERAL PROVISIONS
14.1 Enforcement. The Declarant, the Association, or any
Owner, shall have the right to enforce, by any proceeding at law
or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Declarant, the
Association or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
14.2 Variances. Declarant and later, the Association, have
the right to grant variances from the terms of this Declaration
upon a specific finding that the variance will not harm the
appearance of the Property and will not be harmful to Lot values
within the Property.
14.3 Severabi.lity. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in
noway affect any other provisions which shall remain in full :Corte
and effect.
BOO - 0_. O PAGF I-+-

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14.4 Amendment.
a. The covenants and restrictions of this Declaration
shall run with and bind the land, for .a term of thirty (30) years
from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of Ten (10)
years. Subject to sub(b) below, this Declaration may be amended
by instrument signed by no less than seventy-five percent (75%) of
each class of Members who are entitled to vote at a meeting of
Members. Any amendment must be recorded.
b. Until the conclusion of the Development Period of the
Property, no amendment may alter or affect any rights granted
hereunder to the Declarant, Without the prior written consent of
the Declarant'. Notwithstanding .the foregoing, no amendment
affecting assessments, any property right, the right of any Owner
to have, use or enjoy any easement or to use and enjoy the Common
Area,. or the vested right of any party secured by a mortgage or
deed of trust shall be valid or of any effect unless such
amendment has been approved in writing by such party having such
right or interest.
14.5 Notices. All ,notices required or provided for in this
Declaration shall be in writing and hand delivered or sent by
United States mail. If hand delivered, the notices shall be sent
to the addresses shown below and. shall be deemed to have been
given on the date hand delivered to the address of the party to
whom the Notice is sent. If United States mails are used, the
notices shall be sent to the addresses shown below, certified or
registered mail, return receipt requested, postage prepaid, and

- 24 .
shall be deemed to have been given on the date deposited in the
United States mails, Notice shall be addressed as follows:
To Declarant: C 6 D PARTNERSHIP, LLC
205 North 35th Street
Morehead City, NC 28557
with copy to: Kirkman 6 Whitford, P.A.
P.O, Drawer 1347
Morehead City, NC 28557
To the Association: To the Registered Agent
of the Association at his/her
address as listed with the
Secretary of State of North Carolina.
To Owner/Members: To the last . known address of
Owner/Member as shown an the records of
the Association at the time of such
mailing, and if there is no such
address, then to the Lot of such
Owner/Member.
Any person shall the right to designate a different address
for the receipt of notices other than set forth above, provided
the person's new address is contained in a written notice given to
the Declarant during the Development Period and to the
Association.
14,6 Right of Entry. Violation or breach of any provision
herein contained shall give Declarant or the Association, to the
extent that any of them may have a right of enforcement thereover,
their respective agents, legal representatives, heirs, successors
and asaigna, in addition to all other remedies, the right (but not
the obligation), after five (5) days notice to the Owner of the
Lot, to apply to a court of competent jurisdiction for an order
granting the Deolarant or the Association the right to enter upon
BOOK-��() Pp,-

the Lot or the land as to which such violation nor breach exists,
and to abate and remove, at the expense of the Owner thereof, any
Structure or condition that may be or exists thereon contrary to
the intent and meaning of the provisions hereof; and the said
parties shall not thereby be deemed guilty of any manner of
trespass for such entry, abatement or removal, except that if any
agent of Declarant or the Association shall be responsible for
actually committing a trespass by behavior going beyond the intent
of the authority conferred by this Section, in such event neither
Declarant nor the Association shall be responsible' for the
unauthorised acts of such agents). Nothing herein contained
shall be deemed to affect or limit the rights of Owners of the
Lots when entitled to do so, to enforce the covenants by
appropriate juridical proceedings.
14.7 No Reverter or Cond-ttlon Subsequent. No provision
herein is intended to be, or shall be construed as, a condition
'subsequent or as creating a possibility of reverter.
14.8 Remedies. Damages may not be deemed adequate
compensation for any breach or violation for any provision hereof,
so that any person or entity entitled to enforce any provision
hereof shall be entitled to relief by way of injunction,
preliminary or final, as well as any other available relief either
at law or in equity,
14.9 Readings. The headings or titles herein are for
convenience of reference only and shall not affect the meaning or
interpretation of the contents of this Declaration.
12

Ell
-26-
IN WITNESS WHEREOF, the undersigned, being the members of the
Declarant herein, have hereunder set their hand and seal, the day
and year first above written.
C Partnership, LLC
By: SEAL
R CHARD C. BLOWERS, Member/Manager
By: SEAL
DEAN WORTHrNMON, er Manager
STATE OF NORTH CAROLINA
COUNTY Of /CA_R�TERET
notary public of the
State and County aforesil4d, certify that RICHARD C. FLOWERS and
DEAN WORTHINGTON, Member/Managers of C & D PARTNERSHIP, LLC,
personally appeared before me and acknowledged his execution of
the foregoing Declaration for the purposes therein contained.
This the � day of December, 2003.
No y P c ( V
�m�s's}qi1 �it�irea: (�

-27.
EXHIBIT A
[Property]
BEGINNING at a concrete monument, said monument being 'John E.
Platt, Jr. Ia southwest corner as described in the deed into
Cagaan, Inc. from Walter Baxter Powell recorded in Deed Book 792,
Page 896 Carteret County Registry, said point also being known as
the southwest Corner of n/f MRV INVESTMENTS as shown on that
"Final Plat for Morehead Profession Park Lot 1-16" by, Stroud
Engineering dated October 9, 2003. From said point of beginning
run thence N 85 59 30 W 78.58 ft. to a point; run thence N 04 00
30 E 51.68 ft. to a point; run thence N 38 59 27 W 114.17 ft. to a
point; run thence with a curve having a chord direction of N 33 22
41 E, a chord of 55,12 ft,, a radius of 52.00 ft_ and a length of
58.10 ft.; run thence N 01 22 14 E 61.20 ft. to a point; run
thence with a curve having a chord direction of N 37 06 33 W with
a chord of 49.79 ft., a radius of 40.00 ft., and a length of 53,74
ft.; run thence N 75 35 42 W 20.86 ft. to a point; run thence with
a curve having a chord direction of S 85 53 10 W with a chord of
25.41 ft., with a radius of 40.00 ft., and a length of 25.86 ft.;
run thence N 73 56 51 W 134.85 ft, to a point; run thence S 19 00
40 W 15.11 ft. to a point; run thence N 72 47 12 W 60.29 ft. to a
point; run thence N 81 06 29 W 50.ol.ft. to a point in the
northeast corner of Madiaen Townes Condominiums as shown in Map
Book 105, Page 30, Carteret County Registry; run thence with the
Madisen Townes Condominium lines the following seven (7) courses
and distances: (1)with a curve having a chord direction of N 72 20
04 W, with a chord of 33.78 ft. , a radius of 288.00 ft., and a
length of 33.80 ft., (2) N 68 58 21 W 30.00 ft.; (3)with a curve
having a chord direction of N 70 55 36 W, with a chord of 21.28
ft,, a radius of 312.00 ft, and length of 21.28 ft.; (4)N 72 52 52
W 44.89 ft to a point; (5) with a curve having a chord direction
of N 76 15 25 W, with a chord of 48.52 ft., a radius of 412.00 ft.
and a length of 40.55 ft; (6) N 79 37 57 W 54.76 ft. to a point;
and (7) S 22 35' 00 W 170.03 feet to an iron pipe; run thence N 09
26 06 E 372.30 ft. to an iron pipe; run thence N 09 39 47 E 693.77
ft. to an iron pipe located in the southern line of Justin's
Corner Section 3; run thence N 89 14 58 E 20.52 ft. to an iron
pipe; run thence S 05 11 46 W 4.99 £t, to an iron pipe; run thence
N 89 30 47 E 281.57 £t. to an iron pipe; run thence N 04 09 59 E
5.07 ft. to an iron pipe; run thence N 89 22 45 E 463.34 ft. to an
iron pipe; run thence S 09 35 51 W 1327.74 ft to a concrete
monument located at the point and place of beginning and being
17.94 acres more or less as shown on the above referenced Stroud
Engineering Survey.
Excepted from the above -referenced property are the right of ways
of Penny Lane and John Platt Drive to the extent said roads are
platted and dedicated.

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EXHIBIT H
[Additional Property]
Being lots 3, 4, and 5-of Professional Park North as shown of that
plat recorded in Map Hook 29, Page 217 Carteret County Registry
entitled "Final Plat of Professional Park North" by Powell
Surveying, P.A. Also that parcel of land located within the
extension of the northern and southern rights of way Galantis
Drive and is immediately to the north of lot 5 Professional Park
North that is approximately 60, x 150, as is shown on that plat
recorded in Map Hook 29, Book 217, Carteret County Registry
entitled "Stroot Dedication Removal and Relocation Survey for
Cagann, Inc. - Part of Galantis Drive" by Powell Surveying, P.A.

Ji
NORTH CAR,0"WX CAfiTERE7 COUNTYfiled at
This instnlmeAt and this e0Nfieate are dulya shown
the date and
a h9n In the Book and Peg
on the first page
lc r of
�VVNgld�o
FOR REGISTRpT10N REG76TER OF DEEDS
Car o.. County NC
July 19, 2010 03:43:56 PM
COUNTER AW g P
FEE: 335.00
FILE 4 1347258
STATE OF NORTH CAROLINA
AMENDMENT TO RESTRICTIVE COVENANTS
COUNTY OF CARTERET
This instrument is dated for purposes of reference on 18u'
day of May 2010, by Morehead Professional Park Owner's
Association, Inc. (the "Association"), and the undersigned owners
of Lots within Morehead Professional Park according to the plat
thereof dated October 9, 2003 recorded in Map Book 30, Page 358,
Office of the Register of Deeds of Carteret County.
STATEMENT OF EXPLANATION
C 6 D Partnership, LLC heretofore executed a Declaration of
Restrictive Covenants for Morehead Professional Park dated
December 2, 2003, recorded in Book 1030, Page 140, Carteret County
Registry submitting the property designated as "Morehead
Professional Park" for the purpose of developing an office and
professional district said covenant being ratified and reinstated
by document recorded in Deed Book 1105, Page 229, Carteret County
Registry both being referred to herein as the "Declaration."
Article Twelve of the Declaration sets forth the provisions
related to compliance with state storm water management permit
number SWB 971034 Mod. (herein "Permit") issued by the North
8001C�dPAGP a
.cE7x?�eD
MAR 31 2011
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Carolina Department of Environment and Natural Resources, Division
of Water Quality ("DENR") including impervious surface
calculations. The properties within Morehead Professional Park
have been developed in such a way that modifications to the Permit
have been required as some of the original lots have been combined
and reconfigured into new lots. These modifications change the
impervious surface allowance for certain lots within the
subdivision.
The newly configured lots are as follows:
a. Lots 2, 3, and 4 as shown in Map Book 30, .Page 358,
Carteret County Registry have been reconfigured into Lots 2A, and
Lot 3A as shown in Map Book 31, Page 445, Carteret County
Registry. There is no longer a Lot 4.
b. Lots 8, 10, and 11 as shown in Map Book 30, Page 358,
Carteret County Registry have been reconfigured into Lots 8A, 10A
and Lot 11A as shown in Map Book 31, Page 78, .Carteret County
Registry.
C. Lots 13, 14, and 15 as shown in Map Book 30, Page 358,
'Carteret County Registry have been combined into Lot 13-1 as shown
in Map Hook 30, Page 712, Carteret County Registry. Lots 14 and
15 no longer exist.
The purpose of this Amendment is to set forth the modified
impervious surface provisions in order to ensure compliance with
the Permit. This Amendment has been executed by no less than
seventy-five percent (75%) of the members of the Association as
required by Article 14, Section 14.4 of the Declaration.
s

STATEMENT OF AMENDMENT
The Declarant and the Association hereby modify the
Declaration as follows:
1. The chart set forth in Section 12.1(a) which
established the "maximum impervious area for each Lot in the
subdivision is rewritten as follows:
(a) The following is a chart which establishes the maximum
impervious area for each Lot. No more than the square feet
set forth for each Lot on such chart shall be covered by
structures or impervious materials. This allotted amount
includes any built -upon area constructed within the lot
property boundaries, including easements, and that portion of
the right of way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina and parking area, but does not include raised,
open wooding decking, or the water surface of swimming pools.
Lot No. Lot Size Maximum Square Feet
Square Feet of Impervious Area
1 42,162.95 ft 34,361.00 ft
2A 58,346.79 ft 49,174.00 ft
3A 36,440.95 ft 31,372.00 ft
5 49,207.67 ft 41,287.00 ft
6 20,039,67 ft 18,035.00 ft
7 32,642.83 ft 27,37B.00 ft
BA 36,470.00 ft 33,000.00 ft
9 25,335.83 ft 22,764.00 ft
10A 26,283.00 ft 23,000.00 ft
11A 47,160.00 ft 30,991.00 ft
12 15,784.73 ft 14,083.00 ft
13-1 67,864.3 ft 61,088.00 ft

16 21,401.57 ft 19,261.00 ft
2. Binding Effect. Except as amended, all other terms and
provisions of the Covenants, as previously amended shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this
instrument.
MOREHEAD PROFESSIONAL.PARK OWNERS'
IATION, INC.
Sy:
chard C. Flowers, President
STATE OF
COUNTY OF Cap•
I, the undersigned, a Notary Public of the County and State
aforesaid, certify that }�;�xrd C �l•ws
President of Morehead Professional Park Owners'
Association, Inc. a North Carolina corporation, personally
appeared before me this da/,}y7''� and acknowledged that he :is
f
President of Mo,-Mee fh ciSf ,a1 fZ,P. A%sr.-AY"1XAd that
he, as President, being authorized to do so, executed the
foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this gam` duty
of 2010.
Notary Public
-need ,Name of Notary Public
My commis5
NY AU0'LIc.
CAfi7LEE7 COUNT
5 ,yp r. ♦a
too 3� PSG -s

Lot Number(s): 3A, 7, BA,
Richard C. Flowers,/Lot Owner
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned, a Notary Public of said County and State,
do hereby certify that Richard C. Flowers, personally appeared
before me this day and acknowledged the execution of the foregoing
instrument.
tness my hand and official stamp or seal, this 0 u' day
of 2010.
TARY PUBLIC
-9
y l m i41 n Expires: gJag-jif
WSJ. o x
J'uk:- L. Eskerj
Printed Name of Notary Public

Lot Number(s) 1, 2A
FioK �Dev/Selo/'p�mentCJo�r�p�oration
Ad C. Flowers, President
STATE OF
COUNTY OF.
I, the undersigned, a Notary Public of the County and State
aforesaid, certify that Richard C. Flowers of Flowers Development
Corporation, a North Carolina corporation, personally appeared
before me this day and acknowledged that he is President of
Flowers Development Corporation that he, as President being
authorized to do so, executed the foregoing on behalf of the
corporation.
fitness my hand and official stamp or seal, this g{4 day
of 2010.
Notary Public
9 Ci Printed Name of Notary Public
•.A u TyS �'`�f
an expires: expires :nl /aY / {'
hI
To'R`a r

Lot Number(s)5, 10A, 11A, 16
CASY LLC
By:
Title: MG.,e✓
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I , �SiG�,1 , a Notary Public
of the County and tate aforesaid, certify that Richard Flowers,
whose identity has been proven by satisfactory evidence who is
the Manager of Casyl, LLC, a North Carolina limited liability
company, personally appeared before me this day and acknowledged
that he is Manager of Casyl, LLC and that as Manager being duly
authorized to do so, voluntarily executed the foregoing
instrument on behalf of said company for the purposes stated
therein,
ITNESS my hand and notarial seal this per' day of
2010, cc ,�
Notary Public: Db� G
Print Name:
s: � ; � t9iS Expires. Cf12?j14-
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Lot Number(s:)13-1
Heart Cen r Properties of Morehead City, LLC
By: 1r
Title;
STATE OF NORTH CAROLINA
COUNTY OF t3YRTM2ST C �QV N C C►`
I, ��Yfnia �_ IM k 1It& _ a Notary Public
of the County and State aforesaid, certify that
�tlL A - i, ,' - - lrlr_ , whose identity has been proven by
satisfactory evidence who is the Member/Manager of Heart Center
Properties of Morehead City, LLC, a North Carolina limited
liability company, personally appeared before me this day and
acknowledged that he is Member/Manager of Heart Center Properties
of Morehead City, LLC, and that as Manager being duly authorized
to do so, voluntarily executed the foregoing instrument on behalf
of said company for the purposes stated therein.
WITNESS my hand and notarial seal this �� day of
2010.
Notary Public: (. �l/� `-
Print Name: �4�.,
My Commission Expires: I- I- 2-0 J,S

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