SW8021215_CURRENT PERMIT_20170220

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 O2-\gL\5
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20\'\0220
YYYYMMDD

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
February 20. 2017
The Village at Mariners Pointe Community Association, Inc.
Heath Clark. President
c/o David Swever and Associates, Community Manager
1612 Military Cutoff Road, Suite 108
Wilmington, NC 28403
Subject: Permit Transfer under SL 2011-256
State Stormwater Management Permit No. SW8 021215
The Village at Mariners Pointe
Brunswick County
Dear Mr. Clark
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (D1VQ) to the Division of Energy, Mineral and Land Resources (DENII R). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that any updated pages or addendurris to the permit will now reference DEMLR as
the Division responsible for issuance of the permit.
On January 20, 2017, the Division of Energy, Mineral and Land Resources (DEMLR) received a request
from Bill Clark Homes of Wilmington, LLC, to transfer the permit to a unit owners association, owners
association, or other management entity identified in the condominium or planned community's
declaration pursuant to NCGS 143-214.7(c2) and Session Law 2011-256. A file review and followup site
inspection was performed on February 8, 2017 by DEMLR staff and as noted in the enclosed inspection
report, the site is currently in compliance with the terms and conditions of the current state stormwater
permit. The current permittee has attested that the requirements of SessionLaw2011-256 have been met,
including:
The subdivision is subject to the requirements of Chapter 47F, aka the Planned Community Act.
The permittee has submitted a completed and signed HOA Permit Transfer document;
The permittee has submitted a copy of the recorded deed conveying the common areas of the
subdivision to the Association. Reference the Quitclaim Deed filed October 23, 2009 in DB 2986
PG 0372,
Verification that more than 50% of the lots have been conveyed to individuals (not builders).
A determination by the Division that the project is in compliance with the permit. This
determination must be made in writing no more than 90 days prior to the transfer. Documents that
the permittee needs to submit in order for the Division to make that determination of compliance
include:
a. A copy of the designer's certification for any permitted BMP's;
b. A copy of the recorded deed restrictions. Reference the original June 23, 2006 recording
in DB 2416 at PG 643, and the amendment recorded on August 10, 2006 in DB 2449 at
PG 0240.
c. Verification that the permitted maximum built -upon area per lot has not been exceeded.
Reference the copies of the Brunswick County Tax Records submitted by Bill Clark
Homes of Wilmington, LLC;
d. A copy of the recorded subdivision plat documenting the number of lots and the locations
of all required drainage and maintenance access easements as depicted on the approved
plans. Reference those plats recorded in Map Cabinet 35 at Pages 388-389 and Map
Cabinet 36 at Page 419;
State ol'North Carolina I Environmental quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

State Stormwater Permit No. S VV 8 021215
Pape 2 of 2
The Division is hereby notifj•ing you that the requirements of SL 2011-256 have been met and that permit
SVV8 021215 has been transferred on February 20. 2017 and to remind you that this permit shall be
effective until rescinded by the Division. For your records; please find enclosed a copy of the updated
permit and application, a copy of the inspection report, and a copy of the Permit Transfer RequestForn.
Please keep this cover letter and updated permit on file at all times.
The project is subject to the conditions and limitations as specified in the updated and transferred
permit_ Please pay special attention to the conditions listed in this permit regarding the Operation and
Maintenance of the roadside swales, recordation of deed restrictions, the limitations on built -upon area
and piping, the procedures for changing ownership and transferring the permit. Failure to establish an
adequate system for operation and maintenance of the stornwater management system, to record deed
restrictions, to limit built -upon area and piping, or to transfer the permit, will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing feeds required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NTC 27699-6714, or via telephone at 919-431-3000, or visit their
websiie at www.1VCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Linda
Lewis with DEMLR in the Wilmington Regional Office at [phone].
Tracy Davis, '.L.
Division of Energy, Mineral and Land Resources
GDS/arl: G:%Stormwater\Permits & Projects\2002\021215 LD\2017 02 permit 021215
cc: V2ilmington Regional Office Stormwater File
Heath Clark, Bill Clark Homes of Wilmington LLC (127 Racine Drive, Ste. 201, Nil. 28403)
Brigit Flora, V.E., Brunswick County Stormwater
Stateof Norlh Carolina I Environmental Quality I Energy. Mineral and Land ReSoLaces
Wilminglun RegionalOffice 1127Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

State Stormwater Permit No. SIN8 021215
Page 2 of 2
The Division is hereby notifying you that the requirements of SL 201 1-256 have been met and that permit
NIS 021215 has been transferred on February 20, 2017 and to remind you that this permit shall be,
effective until rescinded by the Division. For your records, please find enclosed a copy of the updated
permit and application; a copy of the inspection report, and a copy of the Permit Transfer Request Form.
Please keep this cover letter and updated permit on file at all times.
The project is subject to the conditions and limitations as specified in the updated and transferred
permit. Please pay special attention to the conditions listed in this permit regarding the Operation and
Maintenance of the roadside swales, recordation of deed restrictions, the limitations on built -upon area
and piping, the procedures for changing ownership and transfetring the permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management system, to record deed
restrictions, to limit built -upon area and piping, or to transfer the permit, will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing feeds required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website, at wwwNCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Linda
Lewis with DEMLR in the Wilmington Regional Office at [phone].
Sinc ely,
3, Tracy Davis, rED`rrector
Division of Energy, Mineral and Land Resources
GDS/arl: G:\\\Stormwater\Permits R Projects\2002\021215 LD\2017 02 permit 021215
cc: Wilmington Regional Office Stormwater File
Heath Clark, Bill Clark Homes of Wilmington LLC (127 Racine Drive, Ste. 201, Wil. 28403)
Brigit Flora, P.E.; Brunswick County Stormwater
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
M6ningron Regional Office 1127 Cardinal Di ive Extension I V.9imington,NC 28403
910 796 7215

State Stormwater Management Systems
Permit No. SW8 021215
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
The Village at Mariner's Pointe Community Association, Inc.
The Village at Mariner's Pointe
Cherry Laurel Drive at Frying Pan Road off NC 133, Southport, Brunswick County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
DEMLR and considered a part of this permit for the Village at Mariner's Pointe.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 88 lots is limited to a maximum of 2,645 square feet of built -upon
area, as indicated in the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at
it below 30%, per the requirements of Section .1005 of the stormwater rules. The
size of the overall tract used to base the density on is 36.33 acres which
encompasses The Cottages at Mariner's Pointe under SW8 131212 and the
Village at Mariner's Pointe.
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be entirely constructed,
vegetated, and operational for their permitted use prior to the construction of any
built -upon surface.
Page 1 of 4

State Stormwater Management Systems
Permit No. SW8 021215
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater conveyance and control
measures at optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. Deed restrictions are incorporated into this permit by reference and have been
recorded with the Office of the Register of Deeds on June 23, 2006 in DB 2416 at
PG 643 and as amended on August 10, 2006 in DB 2449 at PG 0240. The
recorded deed restrictions must include, as a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 0.21215 as issued by
the Division Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division.
f. The maximum built -upon area per lot is 2,645 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, 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, and coquina, but
does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
5. The permittee shall not alter, modify or rescind the covenants related to
stormwater management witout the express written approval of the Division.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
Page 2 of 4

State Stormwater Management Systems
Permit No. SW8 021215
9. The permittee shall review all lot plans for compliance with the terms and
conditions of this permit, and the stormwater provisions of the recorded
declaration of restrictive covenants. The plans reviewed must include all
proposed built -upon area (BUA), existing and proposed conveyances, and
grading. No approvals shall be granted for any new construction, or modification
or addition to any lot if such construction shall cause the lot to be in violation of
the terms and conditions of this permit.
10. The permittee is responsible for the routine monitoring of the project to verify that
the built -upon area does not exceed the maximum allowed amount under this
permit. The permittee shall notify any lot owners that are found to be in
noncompliance with the terms and conditions of this permit and/or with the
stormwater provisions of the recorded declaration of covenants and restrictions it
writing. The permittee shall require remediation from the lot owner within a
reasonable time frame, and shall follow-up with the lot owner to assure that the
noncompliance has been properly abated.
11. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
12. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, grading,
details, etc.
b. Redesign or addition to the approved amount of built -upon area, and/or
increases or decreases to the maximum assigned BUA per lot.
c. Further subdivision, acquisition, or selling of the project area as reported on
the application.
d. Filling in, piping, altering, rerouting, relocating, resizing or regrading any
vegetative conveyance shown on the approved plan.
e. The construction of permeable pavement for BUA credit.
13. The Director may determine that other revisions to the project should require a
modification to the permit.
14. All stormwater conveyances must be located in a public right-of-way, dedicated
common area, or drainage easement. The final plats for the project must be
recorded showing all such rights -of -way, common areas and easements in
accordance with the approved plans.
III. GENERAL CONDITIONS
Any individual or entity found to be in noncompliance with the terms and
conditions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in North
Carolina General Statute 143 Article 21.
The permit issued shall continue in force and effect until revoked or terminated.
Page 3 of 4

State Stormwater Management Systems
Permit No. SW8 021215
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation
as listed on the form, to the Division of Energy, Mineral and Land Resources at
least 60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions,
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256,
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-
01(e) and NCGS 57D-6-07;
f. A name change of the current permittee;
g. A name change of the project,
h. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all permit conditions until such
time as the Director approves a request to transfer the permit.
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal) which have jurisdiction.
8. The permittee grants permission to DEQ Staff to enter the property during normal
business hours for the purposes of inspecting the stormwater management
system and its components.
9. The permittee shall maintain a copy of the approved plans on file at all times.
Permit transferred, corrected and reissued this the 20'h day of February 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 4 of 4

�+A �r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: �%a oZ l2 fS
2. Project Name: Vi 1a of &rixei5 fie,
3. Current Permit Holder's Company Name/Organization: C I LL
4. Signing Official's Name: Title: %t{a,aaer- v
�Mailing Address: ' (27 �+c,�c i✓� Svile701 v
City: (�;1�;.W State:_( C✓ zip: 2794(03
U
6. Phone: (gI0 2 0-/7qq Fax: (14f0 )
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑Panne change of project (Please complete Item 5 below)
hange in ownership of the property/company (Please complete Items 1,
12 Mailing address /phone number change (Please complete Item 4 below)
(Other (please explain): S /� r Ga ;;L� f.Lrm it
2, 3, and 4 below)
1. Proposed permittee's company name/organization: l^ D
2. Proposed permittee's signing official's name: 12o%er4- Aro��/
3. Proposed permittee's title:
4. Mailing Address: PO &K (431 V
City: 6jfrr, fcv,& State: zip: qBO
Phone:( ) Fax:( L
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or PGA owns, controls, or has a
r ded easement for all areas that contain stormwater system features. Print name of HOA or
0orin #1 above and provide name of HOA/POA's authorized representative in #2 above)
The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4) �+ ��/
❑ P rchaser (Attach a copy of the pending sales agreement. Final ap PbIf `f a ill be
ranted upon receipt of a copy of the recorded deed) APR 19 2012
Developer (Complete Property Owner Information on page 4)
SSW N/O Change Revl5Feb2011 Page 1 of 4 1
Y:

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all require tr ' n
and attachments listed above are not included, this application package will
incomplete.
APR 19 2012
[21Check here if current permittee is transferring the property to anew own and will not retain
ownership of the permit. gy;�—
I, Sd �Ura N Lla,rl� the current permittee, am submitting this application
for a transfer of ownership for permit # S4JR OZ f ZIS . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership 7cano�be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: //7� CD Date: #5 Za/Z
a Notary Public for the State of
County of 1 o,J P>l ,dohereby certify that
&&�y& �cy personally appeared before me this the
day off 20 \a , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,,seal)
Notary Notary Sid ture �Tggy
Z
SSW N/O Change Rev15Feb2011 Page 2 of 4 ;'4q
,*OVER,G`���`

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
❑ the most recent permit
❑ the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
❑ the DWQ approved plans and/or approved as -built plans
❑ the approved operation and maintenance agreement
8 past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature:
Date:
, a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
8 ECEIVE
APR 19 2012
SSW N/O Change Revl5Feb2011 Page 3 of 4 BY:_ 9

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
State:
Zip:
Mailing Address:
(if different from street address)
City: State: Zip:
Phone:
Email:
Fax:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
ECEIVE
APR 19 2012
BY.
SSW N/O Change Revl5Feb2011 Page 4 of 4

State of North Carolina
Department of Environment and Natural Resources"
Division of Water Quality
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-214.7(c2)/Session taw 2011-256)
This request form is for a transfer of the stormwater permit from a.current permittee who is the
declarant of a condominium or declarant of a planned community (as.defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256,
1., REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required Items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
1. This completed and signed form.
2. Legal documentation showing that common areas; related to the operation and maintenance of the
stormwater management system have been conveyed to the proposedpermittee in accordance
with the condominium or planned community declaration.
3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4. A copy of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
5: The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if requiredby the permit and if not.already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal.entity and the named representative has the.authority to act on behalf of the proposed
permittee.
7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the.$40.00 processing fee.
FEB 1 3 2016
G --
SSW HOA N/0 Change Rev24Sept2012 Page 1 of 3

II: CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW g 0 ZI Z 5
2. Project Name: Valme, &I -A �
3. Current Permitee's Company Name/Organization: C0k (4oU-c5 (� �; ,�;,
4. Signing Official's Name:.
5.. Mailing Address: ! L7
Title:
City:- �i(P4.w>ltiY.— - State: /04f, zip:
6. Phone: (Q(D) 3$p-(%Y4 Fax: ( )
Ill. PROPOSED PERM177EE / OWNER / PROJECT / ADDRESS INFORMATION
The proposed permittee identified in the condominium or
following (check one):
El Unit Owners Association
P9 Owners Association
❑ Other Management Entity
Proposed Permiftee's:
1. Company Name/Organization:
2. Contact Name &Title (Please pru—P -a-11v o, cumpanyiorgamzauon's authorized representative or agent
and her/his official title such as President):
leclha
aration t�E
FEB 13 20V
3. Mailing Address: MW Z
City: _14�t.:wis.. ! State: zip:
4; Rhone: ( I(0) Z56-2'OZ ( Fax: ( )
IV. CURRENT PERMITTEE'S CERTIFICATION
I.- Cl Carl N Ahe current permittee, am submitting thissrequest.for
a transfer of stormwater permit # SQ ROZ1715 I herebyattest that I have met the
requirements of: N.CG.S. 143-214.7(c2)/ Session Law 2011-2,56, and propose to transfer the permit
to.a unit owners association, owners association, or other management entity identified in the
condominium or planned community's declaration. The common areas related to the operation and
maintenance of the stormwater management system have been conveyed to the unit owners
association or owners association in accordance -with the declaration. I have provided a copy"' of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWO approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWO stormwater
inspection report evidencing compliance to the proposed permittee named in Section Ill of this form.
I further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or if all required
supporting information and attachments listed above are not included, this request package will be
SSW HOA N/O Change Rev24Sept2012 Page 2 of 3
M

returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWO,.unless and until
Jthe facility is in compliance with the permit.
Signature; C5 6
Dater
a Notary Public for the State of
Inc Via, CaY�\t �0. County of _ �Q �� r„ V
do hereby -certify that
c (c& personally appeared before me this the
t� day ofrk�a 20�, and acknowledge the due execution of the
forgoing instrument. Witness my han� official seal, 1tr1rirrrr (Notary Seal)
\bc SHOZ��,''
otary Si n�ture�,�r`� F9 •,�
i�yCpcncV:,�au� Q-`iQ�vCS. : OTA �
\\.e c�0 dl: : Z 9�-
"roU=
s 5e At/BL\G 2
"' It is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This, completed form, including all supporting documents and the processing tee (il required), sliould be sent to the
appropriate. Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWQ Regional Office Contact Information:
Asheville Office ......
(828).296-4500
Fayetteville Office
... [phone]
Mooresville Office
... [phone]
Raleigh Office.:......
[phone]
Washington Office
...[phone]
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
E CEIVE
FEB 13 2017
BY:-----
--
SSW HOA N10 Change Rev24Sepf2012 Page 3 of 3

a,
..x; State of North Carolina � ' SQ l
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-214.7(c2)/Session Law 2011-256)
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
1. This completed and signed form.
2. Legal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conveyed to the proposed permittee in accordance
with the condominium or planned community declaration.
3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4. A copy of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
5. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee.
7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
RECEIVED
APR 0 4 2016
SSW HOA N/O Change Rev24Sept2012 Page 1 of 3

�JJ
II.-CORRENT PERMIT INFORMATION
Stormwater Management Permit Number:
2. Project Name:
3. Current Permit
4. Signing Official's Name: iff eotk- 0,1 c-k-
5. Mailing Address:
5w 80z 1 D5
Title: M" el
City: 1t)11/1114q4e^— State: /t)C , Zip: 28L10 3
6. Phone: ( q 10 ) _ i50 - l 7 Y`>` Fax: ( )
III. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
The proposed permittee identified in the condominium or planned community's declaration is the
following (check one):
❑ Unit Owners Association
Q Owners Association
❑ Other Management Entity
Proposed Permittee's: �/ rrII II I
1. Company Name/Organization:5�afo-
2. Contact Name & Title (Please provide name of company/organization's authorized representativeoragent
and her/his official title such as President):
3. Mailing Address:
City: � );%;� �n, State: zip: ZBYD 3
4. Phone: ( q1C) SSO- /M Fax: ( )
IV. CURRENT PERMITTEE'S CERTIFICATION
F�����
APR 0 4 2016
the current permittee, am su tting this request
a transfer of stormwater permit # S�SBOzI zl�. I hereby attest that I h met the
requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propose to transfer the permit
to a unit owners association, owners association, or other management entity identified in the
condominium or planned community's declaration. The common areas related to the operation and
maintenance of the stormwater management system have been conveyed to the unit owners
association or owners association in accordance with the declaration. I have provided a copy" of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWO approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWO stormwater
inspection report evidencing compliance to the proposed permittee named in Section III of this form.
I further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or if all required
supporting information and attachments listed above are not included, this request package will be
SSW HOA N/O Change Rev24Sept2012 Page 2 of 3

retuned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWO unless and until the facility is in compliance with the permit.
WNM
Signature:
Notary Public for the State of
N o(A CrA ()ti via- � County of PI +t—
(4" hay V__ personally appeared
( 5i'
do hereby certify that
before me this the
day of plrl I 20_LV_, and acknowledge the due execution of the
forg�o�ing_ innstru ent. Wi ess m hand and official seal, tiv 'se ,
Notary Signature
` TA
hny t7 v rntm'ssion 1-a pir2s A ri (212D I S
' AU1300 U
T..........
** It is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and the processing fee (if required), should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWQ Regional Off!
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office
...[phone]
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
APR 0 4 2016
SSW HOA N/O Change Rev24Sept2012
Page 3 of 3

DEMLR USE ONLY
Dat a eiv
Fee Paid (express on]
emit Number
v
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW 8 02121E
2. Project Name: VILLAGE ocr
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
C DWA2O ,.a H. ea,t 4 -t3,u. e,,,,C 1.6.,,, op* t.c)iureN6D'D,�, Lie.
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Enwarrc� F!. C Aau MA sma-y
r-
5. Mailing Address for person listed in item 2 above: Q
City: VJlLyn„3f-i-b,. State: >Je Zip: 27403
Phone: (qm )3So- i-744 Fax: f qto ) 3So - 133Q
Email: dRT014. a tA1eK r '3,, Let,AA10i ME3• com
if. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
/&Qlbof;�y -fl h0t,-7b-6- vF /V-�s frv`n / 33 /v 88 .
Aeo ch 2n aQ in ao- a,/- 2//oc a b *c>-J .
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form ✓
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastal counties): i1
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 3) E-r>WA/Lm h). CWkPk-
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, to best of my knowledge, c replan complete. /� 3
Signature:y � Date:
.Y ,. iJ V
EIVED
Plan Revision Form SEP 01 201E Rev. Oct. 31, 2013

. � �
� 1 �.:
� • - � 1

Permit No. G W19 D Z ) 2 15
(to be provided by
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopier) for use as an original
A low -density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low destiny projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low -density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name: Village at Mariners Pointe
Contact Person: Tim Clinkscales, PE Phone Number:
Number of Lots: 133 Allowable Built Upon Area Per Lot*
910-791-6707
2645
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers, and provide area subtotals and
totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high -density pockets.
• DF Density Factor - the appropriate percent built upon area dived by 100.
• RA Road Area -the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form: SWU-104 Rev. 3.99 Page 1 of 2

(SA x DF) — RA — OA = BUA
No. Lots Lots
Calculation:
Uplands — 36.33 acres
BUA for 133 additional lots =
(36.33 ac. x 30%) — 2.81 acres = 0.061 ac
133 Lot
— 2645 sf/lot
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent in the Stormwater Management
Permit Application Form, the agent may initial below.
Applicants Initials
TG L a. A 30-foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
16c,
'r6L
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
�6G d. Project conforms to low destiny requirements within the ORW AEC (if applicable).
[15A NCAC 2H .I007(2)(b)]
Form: SWU-104 Rev. 3.99 Page 2 of 2

p�mO�Opa�g6O0�Q�
�a� d
i11 i. iick i �ii1s o f Dees P9312 of pp0
BrunW eY tY. NC apla or of Daada papa 1 of 2
a c s� a 43J tease:
Retano' c:�.n i Fina=
n1a•.ne�6•arptrts�xnDond.ko
1 p �Juu CO w1ral.
pQO (t o v ODoumemantirs s.Msw^cse]'vvm4�
iasruTeri 9atcaa�a perspoaucepamdad-
The attorney preparing this instrument performed
no record search or title examination to this property
unless the same is shown by his written and signed
certificate. nn((���g6O
Prepared by: Thomas J. MoTt'Caw
19 North Fifth S reet, Wilmington, NC 28401
Brief description for index: The Village at Mariner's Pointe common areas \
Tax parcel #: 221IB046, 220LB060
QUITCLAIM DE5%@t
�pa0 0
THIS DEED, made eti�gieie� into this Z0 day of Ooz;lcel 2009, by and
between BILL CLARK HOMES OF WILMINGTON, LLC, a North Carolina limited liability
company, hereinafter called Grantor, and THE V ILLAGE AT MARINERS POINTE COMMUNITY
ASSOCIATION, INC., a North Carolina non-profit corporation, hereinafter called Grantee, whose
permanent mailing address is: 430 Eastwood Road, Suite 100, Wilmington, NC 28403;
t
WITNE g('o 0��'�
That said Grantor, for a ' (&u6-k a91n of the sum of One Dollar($1.00) to him in hand
paid, the receipt of which is he by acknowledged, has remised and released and by these presents
does remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and
assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying
and being in Brunswick County, State of North Carolina, and more particularly described as follows:
TRACT 1:
BEING all of the common areas, including r�zjyy� �lanon areas, open spaces,
and ponds, within Village M AA S"ubdivislon, Phase 1, as the same
appear on plats thereof L in Map Book 35 at pages 388 and 389 of the
Brunswick County Registry, and RESERVING unto the Grantor an easement over and
across said common areas for the purpose of constructing and maintaining
improvements on said common areas.
TRACT 2:
BEING all of the common areas, including roadway ion areas, open spaces,
and ponds, within Sweetbay Vill iH�tA a appear on a plat treo hef
recorded in Map Boou(idi a o the Brunswick County Registry, and
RESERVING unto the motor an easement over and across said common areas for
the purpose of constructing and maintaining improvements on said common areas.
SAVE and EXCEPT that portion of Cherry Laurel Drive lying immediately in front of
and adjacent to Lot 33 of said Phase 2A
To have and to hold the aforesaid lot or parcel of land and agyrivileges them -unto belonging
to him, the Grantee, his heirs and/or successors and was '�jsb discharged from all right title,
claim or interest of the Grantor or agyome ata�ptg e� tf(ro igh or under him.
The designation Grantor and Grantee as used herein shall include said parties, their heirs,

successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name
by its Managers, as of the day and year first above written.
T@(&IPIL RK HOMES OF WILMINGTON, LLC
g
y.[./6(0 (SEAL)
Manager
Y�r
STATE OF NORTH CAROLINA o�o
COUNTY OF ovae-_
r�aar-K-
IallotaryPublicofdmCountyandStateaforesaid,
certify that and Sor.ryn A. r-=.•EX_
personally came before me this day and acknowledged that they are Managers of Bill Clark Homes
of Wilmington, LLC, a North Carolina Limited Liability Com d further acknowledged the
due execution of the foregoing instrumenon b % d=labthty Company.
o�no 1�1W
WITNESS my hand an�o'fiicraI stamp or seal this _2,o day of 2009.
eon
Notary Public
My commission expires:
�TKty 27 zoia
6 nn A
:a'oofP���Oo 0CDE
Ctt1
�C y
-VC %4O V
T96o�Dpr-0g600n@t
�ro6 jDVB s6o . n@t

M coy 1III8111f IIIlllll 82857 POM ;a ra
J. Resins o :ae.=
� a �zge 1 r a
1
MDo
❑F{n�aysLea°21"C•,
MAI
ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S RIGHTS
Prepared OQs y ���jj''r 61RL p by: MURIts, & CD350N, PLLC
Y6 [9�rt %t}KAvennugAffil'mig, oa, NC 28401
�Je
NORTH C4ROLINA ERUNSWICK COUNTY
THIS ASSIGNMENT AND ASSUMPTION OF DECLARANT'S RIGHTS (the
"Assignment', effective this ay of _Naar 3✓t , 20 by and between SWFET13AY
VILLAGE, L.L.C. AWA SWEE3',4,6Y:Llg Er - UTHPORT, L.L.C., a North
Carolina limited liability comp�an�y� �(�{g!� afi errJ `to as "Assignee and CARTER
CHAPPELL, LLC, a North adnoutr2'Ymtrj�d Iiabtllfr""y on by (hereinafter referred to as
"Assignee"). 3L��
WITNESSETH:
WHEREAS, Assignor is She original developer of that property described in Exhibit A
attached hereto and incorporated heigllbb�eference the P1[ 9');
AND WHEREAS, as th"r it 9weelop LLerUU�q(,�he�p�q�erty,, Assignor possesses certain
rights, benefits, duties, responsibilrtr� `and obl o'i�insa,Sr'p�t0 the Property;
Z
AND WHEREAS, the Assignor has conveyed or will convey the Property to the Assignee;
AND WHEREAS, Assignor desires to also transfer to the Assignee any and all of the
"Developer's Rights" (as defin4uelow), and Assignee has ,agreed to acquire and accept the
Developer's Rights, and to assmne'at.peerform`_� ai
thereunder. _.responsibilities of the Assignor
M1^f� lJ
U �;tAyusrd�rw^v
NOW, THEREFORE, forgood and iresiderations, the receipt and adequacy of
which are hereby acknowledged, the parties agree as fol E:Gs.
1. Assignment of Rights. Assignor hereby releases, quitclaims and assigns unto
Assignee, its successors and assigns, all of the Assignor's right, title and interest in and to: (1) any
easements reserved to and exereiitPble by the Assignor sqp forth in recorded plats or other
instruments pertaining to the Propr yth-3y inning, use, occupancy and
operating permits and ]icenses, and 6 eT rts, [3 enses, approvals and certificates obtained
in connection with the develo o MPmneor
portion thereof (if anv and
collectively, the "Developer's Rights") �u4
2. Assumption by Assignee. Assignee bereby accepts and assumes all the Developer's
Rights and all the rights, benefits, covenants, duties and obligations of Assignor which are assigned
by this Assignment, subject to the terms of this Assignment (collectively, the "Assumed
Obligations").
3. si or' Re resenmtiei sn�6�tt ur Ip33 S is.and wurants that it has made no
other assignment of any of its ri i(at [hEr' • e�c)gRgn to any other person or entity and to the
best of the knowledge of the Assignor, t'/r
8 gnor, that the Assign YS'In default tinder any of the provisions
of any of the Declaration.
8190,2

�a.
n
� n i1-13-pWa
Or�ilAil�i ��II�I�IIIIIIIII(IIIII asast P0a00 ,<39 g .gg3
�jW,m B��� ack COMtV. Ne Register of Deetds ' pnge 2 of 5
4. Indemnification.
a. Assignor covenants and agrees to indemnify, defend and hold harmless
Assignee, its directors, shareholdref„frcers, employee t age and affiliates, and their heirs,
successors and assigns, from and agains*aq •-=a i TgM,ms^s�ii actions, judgments, liability,
losses damages, fines, penalties �gs�a�av- ��exp�ases to L without ]imitation, reasonable
es,.�
attomeys' fees and costs, which hp ee ma"y�bd_Icur, vn regard to matters caused by or
resulting from or related to the Developer's Rights, o `L id9 or arising prior to the date of this
Assignment.
b. Assignee covenants and agrees to indemnify, defend and hold harmless
Assignor, its directors, shweholdgl9 officers, employees, a a is and affiliates, and their heirs,
successors and assigns, from and agidiasst any an (�a�tm§� edits, actions, judgments, liability,
losses damages, fines, penalties, costsj n s`Stire�uuding without limhation, reasonable
attorneys' fees and costs, which sball'anetapwith regard to matters caused by or
resulting from or related to the Developer's le
siZ
5. Limitation on Assignment. Notwithstanding anything herein to the contrary, if
any assignment of a contract, warranty, permit or approval hereunder is made without the
consent or joinder of any party whose consent or joinder is required, such assignment shall only
be effective to the extent such afSfg ar ent would not mss jt yt a termination or impairment of
such contract, warranty, permit or app'i3sal. �� W
rNWWO YU
6. Entire Aereementps-.. ig,=!% ccbihs�r'fihtREtte entire agreement between the
parties as to the subject matter hercof and superscKcRan for written or verbal understanding,
and shall be amended only pursuant to a written instrument executed by each of the parties
hereto.
7. Anolicable Law_ a, This Assignment shall be governed by and construed in
accordance with North Carolina la"bv:.> �t
8. Binding Effect Tjugs`t� t shalla�,e/ "ding upon and for the benefit of the
parties' respective successors an gns. G�tcz. //
9. Counterp . This Assignment may be executed in one or more counterparts,
each of which taken together shall constitute an original and all of which shall constitute one and
the same instrument
IN WITNESS WHEREOF' artier have?csn%%a}u signment to be executed and
delivered through their duly authorise c�rfiecli of the day and year first above
written. (� II U
va.
CO, die[h�'re, ^euC
ZMZC.
M
89967v3

r
mot" I �,
� ��� 1 9tl I�fJ J1111111111111 12657 P0301 er
3 of 5���
ASSIGNOR: SWEETBAY VILLAGE, L.L.C.
a North Carolina limited liability company
Q e. red.Cc tathawav f
�s�r „Mem er ana er �
BY:A a�//•�M ilafii_
Name: Glenn B. Richardson
c.,. Title: Member/ Manager
STATE OF NORTH CAROLINPC I I I t`'1 �_` asuart-:u AZ
COUNTY OF NW "an We,,r
1, L di w K • pe+?,(5 , a Notary Public in . and for
Ne,j 4ia»ev County Nortli!r+�. =olina, do hereb F-fy that Fred G. Hathaway,
Member/Manager of Sweetba Vi0�' L.L C �7 �_ Tina limited liability company,
personally appeared before day,ryn'T�Imdl+✓ gel the due execution of the foregoing
instrtmient on behalf of the com U `'
WITNESS my hand and official seal this dayof rJtp+�Mbf'-' 2009.
My Commission Expires:
,�Y
v'53,. Gad
STATE OF NORTH CAROLINA"c^�2f���-�� a
COUNTY OF ueut Nanevef✓ C✓G9 a
M=l ma
L LyAio K. peke-s a Notary Public in and for
New County, North Carolina, do hereby certify that Glenn B. Richardson,
Member/Manager of Sweetbay Village, L.L.C., a North Carolina limited liability company,
personally appeared before me tltjc�day and acknowledged \ due execution of the foregoing
instnmtent on behalf of the comeanv."2,.
WITNESS
My Commission Expires:
Rrc,{a H i 20 3
6<967o2
iJ a J4",,Y , 2008.
Notary Public

IRVllll�llllli Rebel J. Rs i; =°�r
&" EXHIBIT A���
All of Lots 34, 35, 36, 37, 38, 39, 40, 41, 42; k�-�-"45, 46, 47, 48, 49, 50, 51,
52, 53, 54, 55, 56, 57, 58, 59. 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72,
73, 74, 75, 135, 136 and 137 as shown on a map entitled "Plat of Survey for
Sweetbay Village, LLC, Sweetbay Village Phase 2B" recorded in Book 54
Page 46, Brunswick Can nvnRegistry; and
m 6
All of Lot 33 as shown on min178kat o Survey for Sweetbay
Village, LLC, Sweetbayr fl�a ��phdse"2 recq�dedL ip Book 36 Page 419,
Brunswick County Registry; i�JiV
All roadways as shown on the above described map entitled "Plat of Survey
for Sweetbay Village, LLC, Sweetbay Village Phase 2B" recorded in Book 54
Page 46, Brunswick County Registry except for those previously conveyed;
All those tracts sbowa as wCt'S+nds on th�drstribed map entitled "Plat
of Survey for Sweetbay ��V1illape��({:Caw� y illage Phase 2B" recorded
in Book 54 Page 46, Br}Ins✓[Yyt4k:oLq�Reg9s-'�f'gt'1are within the original
boundary of Sweetbay ill, (Dee(I'�0 Page 1217 Brunswick
County Registry). Part of these wetlands are labele on said map m `wetlands
as found flagged June, 2002 see original map of survey for boundary
information 3.95 t" said original wetland survey completed June 27, 2002 by
McHenry Surveying. a
All other tracts as sho" on i�i�azbo� yGhi C�� ap [filed "Plat of Survey
for Sweetbay Village, I,LG�E$tryeeyq�ij{y`%sPhase 28", recorded in Book
54, Page 46 in the B 5 I. opyyy s 6'y t idvt"aare within the original
boundary of Sweetbay Village (Dee Bo'ok;'g-10 Page 1217) and not
previously conveyed including that tract labeled `property of Sweetbay
Village, LLC reserved for Future Development" which now contains the
stormwater ponds.
g
TOGETHER WITH all easements dwcribec ttSed1of Easement from Bill
Clark Homes of Wilmingto rt6(P'Qib c'Nd d in Book 2409, Page
361 in the Brunswick C u
„
TOGETHER WITH and subject to all easemeilrsqid agreements described in
Easement and Agreement for Sweetbay Village, the Village at Mari ers Pointe
and Mariners Pointe recorded in Book 04a 1, Page �, in the
Brunswick County Registry.
THE ABOVE easements pzo'yryrt*. a acces aver l)'�ga�aways necessary to join
the above described properties. rjp'A�'t�id?�''
�n^glp1,�4
M_. rraasra�av
._.. 84267v3

M O �I9I6 III II�,IIIII6II 6r8� �a3a� ""' Ro ant J. Aobt�essan:g6.0�
iJlGO'�✓r���j� y, NC lar or Deeds pagf 5 Me Regx%giee 6 e5
ASSIGNEE: CARTER CHAPPELL, L
a North ma limit abiti company
lJ�fJ �`nrns"�e.
STATE OF NORTH CAROLINA
COUNTY OF
CHAPPELL, LLC, a North Carolina
this day and aclmowledged the dtr5ge
liability company.
WITNESS my hand and
�OTARy
u 020-;� 41r,
4_`liS`(iVWSZr a Notary Public for
Carolina, do hereby certify that
MAIA6 u 1 MavLg_l of CARTER
d liability company, personally appeared before me
of the foregoing irpstrtunent on behalf of the limited
q
Qrv`JT.44`T+�.1&4
r� (OI If Q�VAG'f:S'di
Be961v2
200g.

r-
I [- s_mBe PLAT OF SURVEY FOR CAE USHOWFIDERSON T IS PLAT
IS WDBNETHEs rNnT THEME
IIIIIII'lll4ll IIIIIIIIIIIIIIII III III uN0 $HONK W THIS PUT IS OF B ME OK SDI L'h
1B:s.:sa.w NEwunav um .uwmcnw of anmsNtac muxtt ty
B3 w via , ] 1 S WEE TB A Y V( � ! . L L C AND =T THUS PUT ALLOTMENT IS MY FREE ACT AND
NPD N.wm. L.,,Nay. NL .....L...r D.w. a+w f
GRID NORTH SWEETRAY VILLAGE PHASE 28
N� SMITHVILLE r9
1. ROTRTY B. O W HET, A. RESRE CERTIFY THAT THEBOW TOWNSHIP, BRUNSWICKCAROL COUNTY DWERs sIMATME N ♦ ] e°
PROPERTY THM HEREON CREATES A COUNTY A sIBD1WSM I REQU:RFD BRLWSWICK COUNTY NORTH CAROLINA n 1V d
TH IAHA MTNIx THE AFEn HA A ULATE Ut MUNDORCELS wrr f�y�,� b k.
MAT HAS Ar aRgNANCE TIA1 xEGIAnIES PMQLS 0' MO. 2W' (?.I�L
IXtRK,BRUN51' GO ury x C4 L, [�". DWERs SIGNATURE
-
THAT > %ANNWG
S0. \� =et VICINITY MAP NOT TO SCALE
/ `4( i B. YWENRY. ., P L I GALE O NOTERCW TN13 Xll T KC 51 PC 7➢ES NAP
C < _♦i I CANiYREGISTRY SVKftE ni�Vµ.W21 [RICON E
NOI A 10- UMITT/ORMNAGE EASEMENT APPLIES
_ 10 ME FRONT OF ALL LOTS SHOW HEREON. ADDED SEVER LOTS EASEMENTS BEI VEEN LBTS STATE OF NOR. CARDONA
_ 66 AND 6] AND LOTS ]3 AND ]6.
u _ _ _ , 1�'. SI 1
- -^E p,Y A SO' SEWER EASu•aq] APPLIES 10 LOYS,!0 BRUNSMIX WJNIT
�--}9 _ 67 AND LOT ]5. Qjj� ((' /.11='
\ jL T T - +\i - _ _ - I ]SmSb] !1 fl �l U I 'J PL 9) EL0. ]Y]9 ITHATT HIS MAP, ROBERT IL [ AS MAW UNDER MY
d \Y T _ I [asu0ln] Ll P"w=T,p�,A. isBl)p♦g3 AIPWNSIpI FROM KI ACTUAL FIEm
\Cv IY
T l " _ ' 311m i
l _ 117" T - •�
S 16'SY♦]'
V
_ ___ ____
SURVEY MADE UNDER MY SUPOPASM:
MAT ME RATO OF PRECISION AS
CALCULATED BT COMPUTER Is NO." a:
AT E BDMYS NOT AIRKYED
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AS AMD[➢.
E ....y CHERRY LAUNLL MIVL
_ _ '/V ( _ r >\ - _ T _ ' 169'1)• T pREVATE ♦V R/V �- N1TNE55 MY HAND AND SETHIS
,J� T T - - / A Im _ _ - _ ♦A / N 16ST♦]• E \
- SM DAY OF JARVARY A.D.
�(>. 2008.
R/•f //�\ \Ju 4 Lur1�Y np Y)e 6pm mm 6Gm 6om ♦ssI' O
♦9L2°O n.♦ / : cw3i sn T.
v _. \It, `A• � _ '" 3 g '\ \\ Im TM LAND SIRLEMR REaG i
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LOT
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. Lmm3] p A FT.ea- Y
r`� i i 6%l50 rt.M / SEAL e
r. t J A[ lSW ,2209 ` \ Inr lag L-3521 0: e
L 1 I; - - - - 1V r�,.�yIL's :1. ..yseLO m'rc \ \ mi•[ o
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9 , - - ,G ////////////��� [y, � . • ]2Seq'1 �`h, "`
y \) 1_ \ r- . -•:i LOT
B♦` l]' "- u9' - _ �yy♦♦ �. r' Ng
F \\�3 - yT. - �laz♦]� ♦SON rr..� /' LOT
ss cr .�_ a _ sir. _ \ \ lm Im R 5
�" / ^ Asmsrm FT
, �:.•� C •Z' \ EXCEPT As sPEClflcnur STATED ON 1
�rii'X'.Y V TRIAL A ^\, \ _��' SHORN M THIS PUT. Mls SDRWY DOES
Y Bala _e �"2," l •- /'MR \ LOT 75 m' 2 y NOT PURPORT TO REFLECT ANY OF THE
LOT ♦9 '\II (/II .2' \ \ z♦m2] B. 41 / \ LOT \ \ 4' LOT 99 �x FIXLOMNG YMICH MAY BE APPLICABLE BBBB
s eoYYIS• v PJY♦' \\ ` B 9.00.5 m [r.� yA T• mE] m. rT n k_ . . _ = _ / \ �� (j\ \ i'^ TO ME SUBJECT REAL ESTATE: EASE-
z a 'Sr♦♦' v e]]P \ ) •• $ .Nvs. _ \v-" tS3lA' V / LDT B9 \ __� \ \ uCNM OTHER THAN POSSIBLE EASEMENTS
S 66•JJ,Y V IB23' \ NR(R]Y U SWEET BY VRLAGC, LLC l➢T y ! _ T '19' � uI I \ \ \ �i THAT WERE NSIBLE AT THE TIME OF J♦la' \\ \ RCXRVCD rM FJl. DL.O`N Ni 9B] ID. .I. rY T 'LLl )6 I al I ��'l �. 1➢r 91 ;� MAKING OF THIS SURVEY: BUIUMPC SET -
km ,
ry ]YYYJB' v par VETlM9t uY: %,l[ \ , T I _ _ - -\' / 1 \�` i �� q\ ''' BACK SIGH, RES
RESIRICTK COVIIiANiS:
2 51'Sa5]' V 618)' L)♦ X 553Y]5' Vr I'll
` ^ 11]a(6..ID T LOT BB \a p �r % OFTEN LAND USE RECTORS: ZONING OR
S l3'4aOY V sxA♦' L75 X ]I'oY29' V 1 . ¢,6 r e _c\ OFTEN LAND T TAN AIMS AHD ANY
f _ \ \ OMER FACTS THAT AN ACGYIRAIE AND
N H'HY' V ]6PP' L)6 S Srl]'23' V 23%' �•-, - \ ' I CURRENT PRE SEARCH MAY DIS0.0Y.
lnr N c 2 SI(��-i \ tL - Lm n I f 1 n} LOT 92 \ �M \''
i x eawla v v.16' v1 s az'TYm V ♦CRP A� �909L m Fr. n. ipN�fl •� - _ �� 1 8 \ ` 1 LDT n
s Az]F v SaA. LIB S 1m GV'4r LaRL2sT _ \ < R \ -A \ \
3 x B1'S6'X' V 3t91 L]9 Sal' ]1' V I85]' �\ d1B1EN6,$a. Fig �- } -f �'I R q. ME LOCATION OF UNpERARC U N.
L ]426M' V 55b1' Lm S M'I6'06' V 3a4B' \ \ A/i Y �I"�+ _ - �' 1 I ELT 0] \"a \ \ \ ONES A3 GROUND
HEREON ARE RASm M
R'142)' V 2♦b♦' LR S IS'20'0Y V ♦pH6' \ y A $ �' R. iF'' ABOVE GflOUND STRUCTURES ANO
B x )YSYIB• E ♦♦W L02 S m' 41' V LOT � ;`,(y�,
9 x pY2YSP [ 9Lls Lea 3 b224♦2' E aSs. I Im Y p I _ _ , T ]B I I T LOT 91 \ \ RECORDED DRAW,NGS PRONDED THE
AMh d a•Ly 11♦53_5 Sp. rl. - G I '\ \ SURVEYOR. LOCATIONS OF UNDERGROUND
a N W,IYAR E IFOI, LB♦ S 6]'3Y3 ' S]JZ \\\ 1 e yB� LS 3' . _\V T, R: i� r'� \` i� �� UTU,IE$/$MUCNRE$ MAY VARY FRW
1 x '. 'il• ( )p3a LB] s Iruvr E zB55' \ I \� 5B y- \ W. P _ . _ I LDT eB \ \ �' LOCATIONS SHOW HEREON. ADDITION
N 5]'IITY V Sp39' L% 3 Y]'13'tY E SIPI \ NIOl1V♦ W- Y I \ IT I \ \.
a S ♦YN1Y V LB] S PI X' R V 2N♦' \ 1 / �y' _6 L" \� d '/ I \ \� BURIED unu➢ES/STRUCNRES MAY BE
c ,''
q] W 64 ` '. - Im T _ S LOT ]9 �� LOT y♦ \ \, \ ILT 95 ENCOUNTERED, NO EXCAVATIONS WERE
S.1'STIr V R1♦' 1. 3IY3Y♦♦' V ♦L]Y I / \\ ]� Bh hY h _�mJ pr: �'' \ � \'
3 5 11.5]'Z3' V 9964 LB9 3 0]'R,R' E 5a9♦' Jr / T 5�1a R� 1N _ _ \ �� \ \ MADE CURING ME PROGRESS OF MI$
6 S B9'm'Bz• V .11 9 s 1• E6 ' E 29.]3' \\\ / `•p m6 - �+' qlE�,� .- _ \ u _ \- \ SURVEY TO LOCATE BURIED CLOVES/
• B- E LFOA 91 3 ♦1Y6'21' [ 56bB' M' ��' C�h. -y �\ \' LC] B5 \ 1 \ \STRUCNRCS
e i Sxa'sl• i92 z 143' E ala'\l �'@�``♦\ T - - Lor w \� \\\ l�ncwr LMYEJi. DwY(j
9 S m'N9Y f I♦TR L9' S ♦Y2YJ1• [ 4
2 s JYir♦Y E 1B." L S 6]'W'1v f 29]r \ / �� u6 \ (& _ _ T // xxlvArE ♦a R1v
1 s ]2 V551' E 3l♦Y L95 N BP♦1'36' C 6S)Y / / .Bp . \ �_�
S ♦]' 14 E ♦KY L% S ♦YII'aY [ h9Y� 'S Y \ -T -T DATE 9lRVElFD: YMM. 2006
o s 6747W E sam' L97 S x7s'33• V sl.%' � \�� / / / r a0O �`I� • WT3 "
os BB'S5'Ri' E ]p1r L9B S ♦s96'01• V 336r . / / Qj i •o/�. QC �T_� ��: aYQ. Y") T' - . - Vry �%� / LDT l Lm z LOT 3 5uft4EY BY JA/Nz
s LP3nY L Rel L. N ]YI6•z3• v ]m 'M'< �1yq' LLL
i6 S ]oI E n Llm S 61'.a'15' V µm' I. flENEW Oii1Cm OF / AO y'Shj / L' SUN II f "� d_ _
VY36' E SBm Um N D]'SP'♦1' E 21bB' BRIIHSMIX fAU CFAPFT MAT ME MAP M RA, To / / /}, 1['n- , / l'� ,a,<S I ' ♦y.= �� I VILLAGE Al XPM BT XMi, xW.ti T MAW BY: CKENNEDY
B x o'wa]' E M2Y u ry L3'0)p' v WON 11pS CfAlil AIKW 5 NEl%ED MEETS 41 STATUTORY / I. -
\ \ s_ 1 / �'b ! IE'. _ Ls� [!\ i xc is vF laB accl
N S ]9.1]99' E Y9Y LW N SAI' Y 2].JY REOUIR EN15 F R RECORDING. / V-__1---1----
E 1I.Y LION N 3J'll'W' V 2938' [ / $LAIC 1 INCH = 10p FEET
1 N ]6'I1'14 E 1♦L]6' u x 3r39'a6• V X.]♦' /T�[�p ��/ / / / p`
{ N 3Y16V1' C 1]2J1' LIS6 N J]'1♦95' V ♦Ale' /i// /Ta'/`T Vim,. A4Ih / / r \ - a
l n'InP E PUR uB] N ]e'2Ps• v 59.1♦' / / / Gry, \ . VEILAND$ AS FOUND \ 1
RE W FICER 'SON( / / 1 - FLAGGED JUNE,2UU2 JM NURSER: 060061 /O]DO118/OB-0♦35C
♦ S ♦B'♦1^JY [ ♦S♦s' Llm x 6155TJ v 3♦A)' - S \ _ ` A PINTS 5 S m'ae'♦Y E IBa'n• uB9 5 ]9•q•16• V mm' ('] / / / ITV - i 4 \ \\:. _ SEE ORIGINAL MAP UE Kq.15, PO 51' a P�
6 s mvam E ees3' um S 14 11' v eLm $ / I "!'•- / � \ SURVEY FOR
I s ]TOYS♦• E 56-0F LILL . .'.I' v NS. \�\/ / /'J p��.;. f� L. �°[ \ . - BOUNDARY - . " '� 11 1 HELD BOO: RI£
B S B4]6'♦r [ S9V uM x 1]SY3]' V )2]B' CLMVE INOiII MAX L(WM O(A➢ LEN [LOUD C/RCIG LEL,A NIGL[ 1Mmlr /-""L1'PJYn,. \ _ .. INFDRMA 110N _
:0 w'Y♦e' V aa2r uu s BB5➢'M' E IIm n ISm 191v ISIF x Ss♦an' E 1S rrr 1m' / / / ""`L \ 95 ACRES +LEGEND'.
•59tl1' E N51- LIT♦ M 35Y)'M' E ESTOP L2 ISm YAII' 216a S ♦3.29'SB' C 92'B5'NS' 1556' \� / m' VITLNO Y FER >� _ _ l��T,_YJ DP _ EXSTING IRON PIPE FOUND
1 X 21.3♦5z' V ♦3♦5' I -DI N ].G C 2A♦Y C3 1. 1.41' %.m' S YI.", [ 39'X,1' BY,
S. [ BRY UiB N Y'♦4pY ( H♦Y C♦ BJm' 11169 IMSY 3 Bala'%' E el'YSVI' 68b♦' / _ ,,, _ \ ♦iM SiRE£i SE NN = NEW IRON POPE SET
I] S [A'%53' E a11Y ULY N Be'♦)'S8' E IIbY C, ISm 16]0' 15.5C S 1♦2YJa [ 6e'l♦'[Y 9JY \ _ _ T _ - . \ DR _ E%1311HG IRON ROD FOUND
1♦ S 2P]♦'EB' V 6♦%' LIIB S )1.16'Sa IBJ]' C6 Hm R64 Z34J' M ]S'b'22' E 11)•YYII' z3a]' Y�� > L�// ���// \`�� e _\ NIP - NEW IBM ROD SET
IS S 6♦•m'2)• V 6511' L119 X N♦V2'I1' C 29D5' C] 1♦m 81.99' _19m S N♦1'K' f W'm'm' 1♦m ./�.i1Nly IBM - TEMPORARY DFNM PARK
16 S 31'. V 69A♦' LION N BB'BI.2Y E N]♦' CB AID 21s]' 2]R' N 6♦VTSa C NX'14 1♦56 \ S.
`.
17 rrm'm• v TBO LIa S AYIYSB' ( Y%' c9 am ¢65Y zvar s BY1YI4 [ 2YPJ'01• T.. G4 �� \ > MI5 PLAN HAS BEEN REVIEWED FIXt \
M s 59'SYO• C ♦aaN' L.I. S s]mI C 3]l1' na mm YS♦2' Set' S NP343.' 1Mv .1 M- �F„ $EMENTS ONLY AND HAS BEEN
S ll-.Y c A♦a LIZJ S )6v5'21' C 3U4' CO B3m' 65]6 6364 S ]2'II'al• E ♦5'a]'I1• ]♦.♦Y '/'S'^,] APPROVED FOR CASEMENTS ONLY BY _\ t \
h S S..39' E LIN N W'SSt9' E ♦S99' Cl2 MW W41' J9.1]' ♦'♦1'BB' E ♦a%'IY NFW, jHE COUNTY ENGINEER. /�
II S 12'm'IY V FXRX UI M BF-41 Y 3301' CI] 1. BBIF eSBY X ] 'YII' E IIT2a♦B• YGB]' / _ !
1 S 12'S]2♦' V 19H6' LION N aX01♦- E 39'2 LN I. 5p4Y ♦A91' S 6♦2♦'31' ( 114'11' 2S])'
s mm♦v E 63b1' LI21 N %S4lXF V .1 L15 Tmm ram' BAR' z w'aPUa E I6'1Y%' Hzs' / - ,s \ \\ MCHENRY SURVEYING
.[ S n•35Yl-V am' L¢a x IYXm• ♦63a' u6 nm Dze• nr• x lrzezr E H'3Y♦B• Baa NOTE: / `� _ �'�m \ \ PROFESSIONAL LAND SURVEYOR
X B3 BI V' V 1.121' L129 N IY02'39- E X47' CI] YS. B4. 34SS X Y'WIY E 2I'22T' I1.]B' THE PROPERTY SHOW HEREON IS Li^
xol 1H A nopD H xME J.I. ' \ \ \ P.O. BOX n33-R5fp E. OAK ISLAND DR.
3 x 11.2YIY V YIP LIA N IDA9]' V ♦125' C18 Nm 2199' 199Y N 84ar s, E m'Mm' 1♦ID AyOm �j+ 6 II \
.l X 11'OeIY V ♦29r UT N OB'31Va [ N34 L19 1♦m RW' 19m S rP♦I@' [ N'OYBY 1♦ID' `R. 2 r+I�l'l'` I� COUNTY ENCANEER \ 'OC \
A X UF5R16• V iiA L132 H Y39'Y' V 132)' N.OY 2991' A.18' A 6a1)'2P E ♦YX'11• 6]♦' \�I Co)r j � \ \ \
19 X ♦9.13')Y E .5z' L133 N 2B'♦rM• [ PPB' L21 YtlI Ill.m' ]193 s BP♦YIP [ 1]]'SY♦3' IWIPY M,\ll �,. NB \ \ \ OATEL 9 D.N.C. 74
•� x 55'♦aa' F zpN, uJ♦ x w'ssa V z3.a' czz um zl.%' Hm ry BYIB"A' F mpaBY T♦m #]. \ \ \ \ TEL:9f0218-9R1e
x ♦Bvv♦Y E Y30' L13s x 1PITIY v 61n5• USE um I353' 120 IYOY29• E S♦'3z'SP lzr Al \ p \ FAX: 91627"799
:2 x IJ'LB21• Y 3Bly u36 N ]]�D' V a]A1' ♦ 3101 51.W' 11 ♦rab♦♦• [ Tav ♦61r .F \. ,P I
-111,

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII s244s P0240 07:32. We
Raberi J. Brunswick County, NC Register of.. Robinson
Deeds page 1 of 3
9XMET
TOTALRF.V__._� TCai�3.
RECB� CK AITUCK#
CASH
FIRST AMENDMENT TO
SUPPLEMENTARY DECLARATION
FOR THE
VILLAGE AT MARINERS POINTE COMMUNITY AT
MARINERS POINTE
THIS FIRST AMENDMENT TO THE SUPPLEMENTARY DECLARATION FOR
THE VILLAGE AT MARINERS POINTE COMMUNITY is made on the date hereinafter set
forth by Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability company
(hereinafter referred to as "Declarant"):
WITNESS TO:
WHEREAS, Declarant previously eicuted that certain Supplementary Declaration for the
Village at Marine's Pointe Community which Supplemetnary LDeclaration. is recorded in Book
2416 at Page 643 in the Office of the Register of Deeds for Brunswick County, North Carolina;
and
WHEREAS, Article XIII, Section 3, of said Supplementary Declaration provides that so
long as Declarant owns any Lot or Unit within the Properties, the Supplementary Declaration
may be amended by the Declarant, without the consent or joinder of any other Owner or the
Association; and
WHEREAS, Declarant owns a number of Lots or Units within the Village at Mariners
Pointe Community and desires to amend Article XI of the said Supplementay, Declaration.
ECEIVE
APR 0 k 2016
BY:

IIIIIlII IIII I III IIIIIIIII I I IIII I III B2449 :3z0P0240a1inon
Brunswick County, NC Register of Deeds page 2 of 3
NOW, THEREFORE, Declarant declares that the Supplementary Declaration for the
Village at Mariners Pointe shall be amended as follows:
ARTICLE XI, Section 2 of the Supplementary Declaration is hereby deleted and the
following substituted in its place and stead:
Section 2. The maximum allowable built -upon area per lot is 2,645 square feet This
allotted amount includes any built -upon area constructed within the lot property
boundaries, 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, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
Except as specifically amended herein, all provisions of said Supplementary Declaration
shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
set its hand and seal this P day of August, 2006.
DECLARANT:
BILL CLARK HOMES OF WILMINGTON, LLC,
A North Carolina limited liability company
B <� .far Kr (SEAL)
Manager
By: juja- (SEAL)
Manager

. 11
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Rober J. Ro ; son 3z 0m0
Brunswtek County, NC Register of Deeds page 3 of 3
.1... . ..: -'.4 ..
STATE OF NORTH CAROLINA )
COUNTY OF NEW HANOVER )
I, ('>�Vt- /3ciAy7-oy a Notary Public for 7 L� County, North
Carolina, do hereby certify that _ Ea,ag.2n ti. Ciaex and
Managers of Bill Clark Homes of Wilmington, LLC, a NC limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument on
behalf of said limited liability company.
Witness my an and seal this S_day of f} uAj gT- .12006.
Nota Public Ci1r�✓C aea
My Comm. expires: '%uc-1 z Z 2 ooP

Brunswick County --Register of Deeds
Robert J. Robinson
Inst U337535 Book 2416Page 643
06/23/2006 04:45:18Ean Rectl Q-)5y8S-
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REC® CAMTW
CASN REF py
SUPPLEMENTARY DECLARATION
FOR THE
VILLAGE AT MARINERS POINTE COMMUNITY
AT ECEIVE
MARINERS POINTE APR 0 § 2015
(formerly known as Flagship Point) BY.
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL
SIGNS
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE
FLAG OF THE UNITED SATES OF AMERICA OR STATE FLAG OF NORTH
CAROLINA
THIS SUPPLEMENTAL DECLARATION is made on the date hereinafter set forth by
Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability company (hereinafter
referred to as "Declarant"):
WITNESS TO:
WHEREAS, Declarant is the owner of certain real property located in Brunswick
County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on the Property an exclusive residential
community of single-family homes to be known as The Village at Mariners Pointe (hereinafter
sometimes referred to as "Subdivision");
WHEREAS, it is the intent of Declarant to make the The Village at Mariners Pointe part of
the Mariners Pointe Community and subject to the Amended Declaration of Covenants, Conditions
and Restrictions for Mariner's Pointe Community as recorded in Book 2327 at Pages 640 et seq. in
the Office of the Register of Deeds of Brunswick County, North Carolina (such instrument as
supplemented and amended is herein referred to as the "Master Declaration'); and

Inst 8 337535 Hook 2416Page: 644
Subdivision
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common
area within the Sub division and to provide for enforcement of covenants and restrictions
applicable to the Subdivision, and, to that end, desires to subject all of the property within the
Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each owner thereof;
WHEREAS, Declarant has deemed it advisable to create an organization to own,
maintain and administer the Common Area (as hereinafter defined) within the Subdivision, to
administer and enforce covenants and restrictions applicable to the Subdivision, and to collect
and disburse the assessments and charges hereinafter created, and Declarant has therefore
incorporated under North Carolina law as a non-profit corporation, the VILLAGE AT
MARINERS POINTE COMMUNITY ASSOCIATION, INC., for the purpose of exercising the
aforesaid functions;
NOW, THEREFORE, Declarant declares that the Property is and shall be owned, held,
transferred, sold, conveyed, used and occupied subject to the covenants, conditions, restrictions,
easements, charges and liens set forth in this Declaration, all of which shall run with the real
property and be binding on all parties owning any right, title or interest in said real property or
any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I -
IMPOSITION OF COVENANTS and ANNEXATION TO MARINERS POINTE
Section 1. Annexation Pursuant to Article I, Section 3. of the Amendment to Declaration of
Covenants, Conditions and Restrictions for Flagship Point at Long Beach (now known as Mariners
Pointe Community) recorded in the Brunswick County Registry in Book 2327 at Page 640 which
provides that Declarant may annex land to the Mariners Porte Community without the consent of
the Members and may impose complementary additions and modifications to the said covenants
and restrictions, Declarant hereby declares that the property shown and described on the plat for
"The Village at Mariners Pointe Community" (formerly known as Sweet Bay Village) as recorded
in Map Cabinet 35 at Page 280-281 in the Office of the Register of Deeds of Brunswick County,
North Carolina, to which plat reference is hereby made for a more particular description, is and
hereafter shall be held, transferred, sold and conveyed subject to the Amendment to Declaration of
Covenants, Conditions and Restrictions for Flagship Point at Long Beach (now known as Mariners
Pointe Community) recorded in the Brunswick County Registry in Book 2327 at Page 640, and all
amendments thereto.
Section 2. Additional Covenants. That the said property as shown on the plat recorded in
Map Cabinet 35 at Page 280-281 shall also be subject to the additional covenants and easements
herein set forth herein for the purpose of protecting the value and desirability of said property and
which covenants shall run with the land and shall be binding upon all parties having any right, title
or interest in the property hereinabove described and shall inure to the benefit of each owner
thereof.

Inst # 337535 Book 2416Page: 645
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to the VILLAGE AT MARINERS
POINTE COMMUNITY ASSOCIATION, INC., a North Carolina non-profit corporation, its
successors and assigns.
Section 2. "Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration. All roads within the
development will be private and, as such is Common Area, will be maintained by the Village at
Mariners Pointe Community Association, Inc. Except as otherwise provided in this Declaration,
the Common Area shall be maintained by the Association or its successors in interest unless
dedicated to public use as set forth herein.
Section 4. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, LLC. It
shall also mean and refer to any person, company or entity to whom or which Declarant shall
assign or delegate the rights and obligations of Declarant by an assignment of Declarant's rights
recorded in the applicable public registry for Brunswick County, North Carolina.
Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Properties, with the exception of any Common
Area owned in fee by the Association and any public street rights -of -way shown on such
recorded plat. In the event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly -platted Lot shall
thereafter constitute a Lot.
Section 6. "Master Association" shall mean and refer to the Mariners Pointe Community
Association, Inc.
Section 7. "Master Declaration" shall mean and refer to Amended Declaration of
Covenants, Conditions and Restrictions for Flagship Point at Long Beach (now known as Mariners
Pointe Community) recorded in the Brunswick County Registry in Book 2327 at Page 640, and all
other amendments thereto.
Section 8. "Member" shall mean and refer to every person or entity who or which holds
membership in the Association.
Section 9. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including

Inst # 337535 Book 2416Page: 646
contract.sellers, but. excluding those having an .interest in a Lot solely as securityfor the
performance of an obligation.
Section 10. "Properties" shall mean and refer to the property described in Exhibit A to
this Declaration and any additional property annexed pursuant to Article H of this Declaration.
Section 11. "Subassociation" shall mean and refer to any homeowners association formed
for the purpose of owning and maintaining real property and improvements thereon reserved for
the exclusive use and benefit of Owners of Lots or Units within a specific phase or section of the
Properties.
Section 12. "Unit" or `Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use and occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF THE
VILLAGE AT MARINERS POINTE COMMUNITY
Section 1. Existing Pronerty. The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
Section 2. Annexation of Additional Property. At any time Declarant owns any Lot
within the Properties, additional land adjacent to the Properties may be annexed by the Declarant
without the consent of the Members and therefore become subject to this Declaration by the
recording by Declarant of a plat showing such property to be annexed and of a supplementary
declaration extending the operation and effect of this Declaration to the property to be annexed.
Any property annexed must be contiguous to property already subject to this Declaration. Any
property annexed pursuant to this subsection may be annexed and subjected to this Declaration
as one parcel or as several parcels at different times. The addition of such property pursuant to
this Section may increase the cumulative number of Lots within the Properties and, therefore,
may alter the relative maximum voting strength of the various types of Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.

Inst 0 337535 Book 2416Page: 647
Nothing contained in this Article shall be construed to obligate or require. Declarant to
make;any-additions to the Properties. = =_
Section 3. Conveyance of Common Area in Annexed Property. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article V of this Declaration.
Section 4. Merger. Additional property may also be made subject to this Declaration by
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation, change or addition to this Declaration.
Section 5. Effect of Addition of Property. Except by amendment of this Declaration as
provided in Section 3 of Article XIII hereof, no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 6. Withdrawal of Property. Declarant reserves the right to amend this
Declaration so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration, to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 7. Good Faith Lender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or
commercial Unit, which liens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the
Association 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.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be two classes of Lots with respect to voting rights:

Inst 8 337535 Book 2416Page: 648
(a) Class A. Class A Lots shall be those Lots upon which single-family dwellings are
built; ar=to=be-built A11=Lots=in'the Subdivisi6iFstiall-bd'Class A -Lots except-tfiose Lots which `
are Class B Lots as the same are hereinafter defined. Ownership of a Class A Lot shall entitle the
Owner of such Lot to one (1) vote. When more than one person owns an interest (other than a
leasehold or security interest) in any Lot, all such persons shall be Members and the voting rights
appurtenant to their Lot shall be exercised as they, among themselves, determine; but fractional
voting shall not be allowed, and in no event shall more than one vote be cast with respect to any
Class A Lot.
(b) Class B Lots. Class B Lots shall be all Lots owned by Declarant or a Builder and
which have not been converted to Class A Lots as set forth below. Declarant and each Builder
shall each be entitled to nine (9) votes for each Class B Lot it owns. The Class B Lots shall
cease to exist and shall be converted to Class A Lots upon the earlier of the following to occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2026.
When the Class B Lots cease to exist and are converted to Class A Lots, Declarant and Builder
shall have the same voting rights as other Owners of Class A Lots.
(c) Declarant's Voting Rights Until the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on all matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
Section 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49) percent on any matter pending before the Association.
ARTICLE V
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment and Access. Except as limited by the
provisions of this Section 1 and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shall have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
Of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article V.

.. ._ _. 11 1 _ _ _ _ __
(b) the right of the Association to suspend the
Inst 4 337535 Book 2416page: 649
of an Owner
(60) days for any infraction of the published rules and regulations of the Association.
(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi -public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three -fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their
agreement by a signed document recorded in the applicable public registry for Brunswick
County, North Carolina. Nothing herein shall be deemed to prohibit the Board of Directors of the
Association, without consent of the Members, from granting easements over and across the
Common Area to any public agency, authority or utility for the installation and maintenance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
Board, such easements are necessary for the convenient use and enjoyment of properties within
the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
(d) the right of the Association, to borrow money and, after Class B Lots cease to exist,
with the assent of Members- entitled to at least 80% of the votes of the entire membership of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of any such lender or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above, and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the
recreational facilities thereon, for use by non-members of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area.

Inst tt 337535 Book 2416Page: 650
(i) the right of the Association to otherwise deal with the Common Area as provided in
- the -Articles oflncorporation and Bylaws of the Association. -
Section 2. Delegation of Use.
(a) Family. The right and easement of enjoyment and access granted to every Owner by
Section I of this Article may be exercised by members of the Owner's family who occupy the
residence of the Owner within the Properties as their principal residence in Brunswick County,
North Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access
granted to every Owner by Section 1 of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Brunswick County, North Carolina.
(c) Guests. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article XII of this
Declaration.
Section 3. Conveyance of Common Area To The Association. No later than the time
Declarant no longer exercises voting control over to the Association as provided in Article III
hereof, Declarant shall convey, and the Association shall accept, fee simple title to all Common
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations,
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
Section 4. Regulation and Maintenance of Common Area and Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and
regulations governing the use of the Common Area by Owners and their family, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.

Inst S 337535 Hook 2416Page: 651
Without. limiting the. generality of the foregoing, no Owneror tenant, guest or invitee of
--u==- -.=an-Owner•shall,-without-the specific prior-written'consent'of the Association: (iydamage or "waste "'
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area. The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
from use of the Common Area, and adequate hazard insurance covering the real and personal
property owned in fee by the Association; and (iii) pay all property taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) Declarant's and Association's Right of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Area easement for the purposes of: (i) installing and maintaining subdivision entrance signs,
features, fencing and landscaping; and (ii) making such improvements to the Common Area; and
(iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a
Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article VI and all costs of collection, including reasonable attorney's fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attorneys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Owner's successors in title unless expressly

Inst N 337535 Book 2416Page: 652
assumed by them. Although unpaid assessments and charges are not the personal_ obligation of
such -Owner's successors-in-title=unless=expressly-assumed=by=them -the-unpaid-assessments and •- -
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XIII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of the streets and roadways within the subdivision and other improvements on the
Common Area, including, without limitation, the cost of repair, replacement and additions
thereto and the cost of labor, equipment, materials, management and supervision thereof; (iii)
payment of taxes and public assessments levied against the Common Area owned by the
Association in fee; (iv) procurement and maintenance of insurance in accordance with the
Section 4(c) of Article IV of this Declaration; (v) employment of attorneys, accountants and
other persons or firms to represent the Association when necessary; (vi) payment of principal and
interest on funds borrowed for Association purposes; (viii) such other needs as may arise; (ix)
lawn care including maintenance of the irrigation system to irrigate those lawns; and (ix)
payment for the maintenance and operation of stormwater facilities and drainage areas and street 10
lights.
Section 3. Annual Assessments.
(a) Maximum Annual Assessment. Declarant shall establish the Maximum Annual
Assessment and initial annual assessment for Class A Lots; thereafter, the terms "Maximum
Annual Assessment", annual assessment, and special assessment shall mean the Maximum,
annual and special assessments applicable to Class A Lots. Until December 31, 2006, the
Maximum Annual Assessment shall be $ per month for each Class A Lot. From and after
January 1, 2007, the Maximum Annual Assessment may be increased by the Board of Directors
effective January 1 of each year without a vote of the Members.
(b) Annual Assessments: Ratification of Budgets. For so long as a Class B Lot exists, the
Board of Directors, in its sole discretion, shall have the authority to adopt an annual budget.
After Class B Lots cease to exist, the Board of Directors shall adopt a proposed budget
(including the proposed annual assessment for each Class of Lots) at least annually. Within 30
days after adoption of the proposed budget, the Board of Directors shall send a copy of the
proposed budget and shall give written notice to the Members of a meeting of the Members to
consider ratification of the budget, such meeting to be held not sooner than 10 days nor more
than 60 days after the mailing of such notice. Such meeting may, but need not be, combined with
the annual meeting of the Members. Except as required by Section 7 below, there shall be no
requirement that a quorum be present in order to vote on ratification of the budget (although a
quorum must be present to vote on other matters). The budget shall be deemed ratified unless at

Inst Il 337535 Book 2416Page: 653
that meeting Members having a majority of the votes of the entire membership vote to reject the
than 10% larger than the assessment in effect for the immediately preceding year, such budget
shall be deemed ratified unless Members having at least 80% of the votes of the entire
membership vote to reject the budget. If the proposed budget is rejected, the budget last ratified
by the Members shall be continued until such time as the Members ratify a subsequent budget
proposed by the Board.
Any annual assessment ratified by the Members shall continue thereafter from year to
year as the annual assessment until changed by the Board and ratified by the Members as set
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association may levy, in any assessment year, special assessments for the purpose of
defraying, in whole or in part, the cost of any construction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property related thereto, for
repayment of indebtedness and interest thereon, or for any other purpose, provided that any such
assessment shall have the same assent of the Members as provided in Section 3 (b) of this Article.
Section 5. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article V, the annual and special assessments shall be fixed at a uniform rate for all Lots within
each subclass of Lots and may be collected on a yearly, semi-annually, quarterly or monthly
basis, as determined by the Board of Directors.
Section 6. Declarant's and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation, or the Bylaws of the Association, the Declarant
shall not be obligated for, nor subject to, any annual or special assessment for any Lot or other
property that it owns within the Properties, provided, however, that the Declarant shall be
responsible for paying the difference between: (i) the operating expenses of the Association; and
(ii) the total operating revenues of the Association from all sources including, without limitation,
annual and special assessments, revenues generated from fees charged by the Association for use
of the Common area, and investment income (said difference being hereinafter referred to as the
"Operating Deficit"). For purposes of this Section, the term "operating expenses" shall not
include contributions to any reserves for replacement, operating reserves, depreciation reserves,
capital expenditures, or special assessments.
Declarant may, by written notice given by the Declarant to the Association on or before
November 30 of any year, to be effective as of January 1, terminate its obligation to pay the
Operating Deficit and waive its right to exclusion from assessments. In such event, each Lot
owned by the Declarant which contains a Dwelling for which a certificate of occupancy has been
issued shall be assessed at the rate of twenty-five percent (25%) of the annual assessment in
effect for Class A Lots, as the same may change from time to time. Upon sale of such Lot by
Declarant to any other person or entity, such Lot shall be assessed at Class A rate, commencing
on the day title to such Lot is transferred to such third party and prorated on a daily basis for the
remainder of that year. Notwithstanding any other provision of this Declaration, a Lot owned by
the Declarant which contains a Dwelling occupied as a residence, (but not as a model or sales
center) shall be assessed at the rate applicable to Class A Lots.

Inst tt 337535 Book 2416Page: 654
The°Declarant at its`option and pop such terms and conditions'as Declarant mayT
impose, including, without limitation, the obligation to pay any Operating Deficit, may extend
Declarant's exclusion from assessments to any Builder, in which event such Builder may
exercise the rights and shall have the obligations of Declarant set forth in the immediately
preceding paragraph, and, in such event, any reference to Declarant in this Section 6 shall be
deemed to apply to any such Builder.
So long as the Declarant or a Builder is obligated to pay any Operating Deficit, the
Association, at the request of Declarant and upon such terms as the Declarant may require, shall
open the Common Area and, in particular, the recreational facilities thereon, for use by non-
members of the Association (including the general public) and shall grant any easement or
license necessary for access to and from and for parking at or near such facilities.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(15) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60%) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall
be one-half (%z) of the required quorum at the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Amount of Initial and
Subsequent Annual Assessments: Certificate of Payment. Unless a different commencement date
is set by the Board of Directors, the annual assessments provided for herein shall commence as
to all Lots in any phase on the first day of the month following the conveyance of a Lot or Unit
within that phase to an Owner other than the Declarant or a Builder. Unless a lower amount is set
by the Board of Directors, the first annual assessment shall be the "Maximum Annual
Assessment" set forth in Section 3 of this Article and shall be prorated according to the number
of days remaining in the calendar year.
At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors shall send written notice of such assessment to every Owner
subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
The Association shall, upon demand, and for such reasonable charge as the Board of
Directors may determine, famish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Working Capital Assessments. At the time of sale of each lot by the Declarant
or a Builder to a third party, there shall be due and payable at closing a capitalization fee equal to
twice the monthly assessment then in effect at time of closing, payable by the purchaser to the

Inst H 337535 Book 29I.6Page: 655
Association. ..Such, amounts paid for working capital are not to be considered as advance
-.1°,payment-ofthe=Annual=or=any=other-assessments.-Declarant-reserves=the right to- amend -this
section including the amount at any time.
Section 10. Effect of Nonpayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the due date shall incur such late charge as the Board of Directors may
from time to time establish, and, if not paid within thirty (30) days after the due date, shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs of such action or foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or by abandonment of his Lot.
Section 11. Subordination of the Lien to Mortgages. The liens provided for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
from the lien thereof; but the liens provided for herein shall continue to be subordinate to the lien
of any first mortgage.
Section 12. Exempt Property. All property dedicated to and accepted by a public
authority and all property owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of North Carolina shall be exempt from the assessments created herein.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
Section 13. Assessments by Mariners Pointe Community Association. Each Owner of a
Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is
also deemed to covenant and agree to pay to the Mariners Pointe Community Association annual
assessments and special assessments as established in accordance with the Declaration set forth
in the Master Declaration.
ARTICLE VII
EASEMENTS
Section 1. Access and Utility Easements. Easements for the installation and maintenance
of driveways, walkways, water, gas, telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article V, Section 1(c), of this

Inst 8 337535 Hook 2416Page: 656
Declaration. Within any such easement herein provided, no structure, planting or other material
shall=be-placed or=permitted-to remain which may"interferewith-the-installation-or maintenance
of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
other utility facilities to the extent required by any applicable governmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
grading of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Governmental Access. An easement is hereby established over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing, and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair Maintenance and
Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner
thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be
done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot
to as nearly the same condition as that which existed prior to the commencement of the work as
is reasonably practicable.
Section 4. Association's Easement and Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section 5. Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, family members and tenants of
such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.

Inst tl 337535 Book 2416Page: 657
Section 6. Declarant's Right to Grant Easement Over Streets and Roadways. In the event
Properties, then the Declarant shall have an
-O �--J
absolute right to grant an
.. wv .uaViLVY LV LLlY
easement for access,
ingress, and egress over, across, and upon
the streets and
roadways
of Mariners Pointe
Subdivision to such adjacent lands.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Architectural Approval. Since the establishment of inflexible building setback
lines for location of houses on lots tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant or the Architectural Review
Committee ("ARC'), as the case may be.
The Architectural Review Committee shall have the sole and absolute right to determine
the style and appearance of the Dwellings, including, but not limited to, fences, walls, buildings,
outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color
thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles
and utility layout, and any other improvements to be built or constructed on any Lot (hereinafter
individually and collectively referred to as "Improvements"), provided however, that the exterior
of any utility or other outbuilding so constructed shall match the main Dwelling constructed on
the Lot in design, construction materials, and exterior covering; and further provided that built -
upon area for the Lot, including all utility and other outbuildings, shall not exceed the maximum
built -upon area as set out in Article XI infra.
No Lot owner may remove any tree from any Lot, or make any material changes to the
landscaping in areas of Lots maintained, or to be maintained by the Association without the
approval of the Architectural Review Committee.
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other similar certificate issued by the appropriate governmental authority, no Improvements
(including, without limitation, replacement of any previously existing Improvements) shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or
change or alteration thereof be made (including, without limitation, changing materials or color
of any exterior portion of any such Improvements), nor shall a building permit for such
Improvements or change be applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights, materials, color and location of same shall have been submitted to
and approved in writing by the Association or by an Architectural Review Committee composed
of three or more persons appointed by the Board of Directors of the Association. If the
Association or its designee fails to approve or disapprove such proposed Improvements within
60 days after complete plans and specifications have been received by it, approval will not be

Inst 8 337535 Book 2416Page: 658
required, and this Article shall be deemed to have been complted with The -Association shall ,....:.
have=the riebrt0 C}IAYOP &r e��� , r=_ r
The Declarant and, after the Declarant no longer owns any Lot within the Properties, the
Association, shall have the right to promulgate and from time to time amend written architectural
standards and construction specifications (hereinafter the "Architectural (3uidelines") which may
establish, define and expressly limit the standards and specifications which will be approved,
including, but not limited to, architectural style, exterior color or finish, roofing material, siding
material, driveway material, landscape design and construction technique. Neither the
Association nor the ARC shall approve any Improvements which it determines, in its sole
discretion, not to be in harmony of external design, construction and/or location in relation to the
surrounding structures, topography or the general plan of development of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee of any of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or any of them, in good faith pursuant to this Article.
Section 2. Rules and Regulations The ARC may from time to time recommend to the
Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and implementing the provisions of this Article VIII, including adoption
of detailed architectural guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 3. Variances. The ARC may recommend to the Board, and the Board may, by
the vote or written consent of a majority of the members thereof, allow reasonable variances as
to the covenants, conditions or restrictions contained in this Declaration, on such terms and
conditions as it shall require; provided, however, that all such variances shall be in keeping with
the general plan for the improvement and development of the Property. Variances contained in
plans that are inadvertently approved by the ARC as part of the proposed improvements shall not
be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
ARTICLE IX
RIGHTS AND RE, SPONSIBHdTIES OF THE ASSOCIATION
Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area, including the streets and roadways, and shall keep the Common Area, including
the streets and roadways, in good, clean and proper condition, order and repair. Declarant was
not the original developer of this subdivision and shall have no responsibility for maintaining the
streets and roadways within the subdivision. The Association shall be responsible for the
payment of all costs, charges and expenses incurred in connection with the operation,
administration and management of the Common Area and the performance of its other
obligations hereunder. The Association shall operate and maintain areas designated by the
Declarant as Common Areas, whether or not title to such areas has been formally conveyed to

Inst # 337535 Book 24.16Page: 659
the Association. The Association shall also be responsible for enforcement of the covenants and
restrictions contained -in this Declaration `-
The Association at its expense shall be responsible for maintaining, repairing and
replacing all utility and drainage lines and pipes which are located on the properties, except those
located within individual Lots. The Association shall have the right to go onto the Lots at
reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage
lines and pipes which might be located on such Lots; and each Owner hereby grants permission
to the Association to enter his Lot for such purposes.
The Association shall be responsible for maintaining the portions of the storm water
drainage system which are within the Common Area, including the water quality and quantity
standards of the approved plans, to the extent required by law. A drainage easement is hereby
dedicated to the Association for the purpose of maintaining the storm water system to meet water
quality and quantity design standards of the approved plans and any future governmental laws,
rules or regulations. Declarant was not the original developer of this subdivision and shall have
no responsibility for maintaining the stormwater drainage systems within the subdivision.
In the event that the need for maintenance, repair or replacement (other than said being
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance,
replacement, or repairs shall be added to and become a part of the assessment to which such Lot
is subject.
The Association at its expense shall be responsible for maintaining and caring for the
entire lawn of the Lots which includes mowing, edging application of pine straw and pruning of
trees and shrubs. The Association shall also maintain the irrigation system of Lots and shall
have the right to go on said Lots at reasonable times for the purpose of performing such
maintenance and care; and each Owner hereby grants permission to the Association to enter his
Lot for such purposes. In the event that the need for maintenance, repair or replacement of the
lawns or landscaping, or the irrigation systems servicing them, is caused by the willful or
negligent act of the Lot owner, his family, or his invitees, and specifically including failure to
water the lawn and other landscaping, the cost of such maintenance, repair or replacement shall
be added to and become a part of the assessment to which such Lot is subject.
Section 2. Manager. The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attorneys and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terms as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees

Inst 0 337535 Book 2416Page: 660
due to Declarant may, at Declarant's option, be credited agatnst an assessments due or_to be ._T_ —�comrhg due from the Declarant: -
Section 3. Personal Property for Common Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by sale or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. Insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums for such insurance shall be a
common expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
Section 5. Implied Rights. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, the North
Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes), or the
North Carolina Nonprofit Corporation Act (Chapter 55A), as from time to time amended, and
every other right or privilege reasonably necessary to effectuate the exercise of any right or
privilege or the taking of any action authorized herein or therein.
Section 6. Declarant's Reserved Rights: Association's Obligation of Cooperation. The
Association shall accept conveyance of any Common Area conveyed to it, in fee or by easement,
by Declarant or, at the request of Declarant, by an owner of any property within or to be annexed
into the Properties and, upon request of Declarant and without further consideration, shall
execute any document necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements and have sold all of the Lots within the Subdivision:(a) Declarant shall have the
right to alter the boundaries of the Common Area, whether or not it has been previously deeded
to the Association, provided that such alteration does not substantially, materially and adversely
affect the function and use of the Common Area. The Association and each Owner hereby
irrevocably appoints the Declarant as his attorney -in -fact to execute and/or deliver any
documents, plats, deeds, or other written matters necessary or convenient to accomplish the
addition of Common Area or Properties, or both, to create easements as deemed necessary by
Declarant, and to adjure the boundary or boundaries of the Common Area.
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association and its Members, shall interfere with or impede the completion of the improvements
or the marketing and sale by the Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common Area as may facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to

Inst 11 337535 Book 2416Page: 661
maintain or permit the Builder or others to maintain sales offices, model Dwellings and Units,
administrative--offices,..andconstruction-offices_(which-.may--be_trailers or=_temporaryor
permanent buildings), or any or all of same, on Lots or the Common Area. Declarant and the
Builder shall also have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers upon the Common Area, to -use the Common Area for sales and
marketing activities for the Subdivision, to grant the right to use the Commorf Area to a
prospective purchasers or any other individual or group, in Declarant's sole discretion, and to
conduct any and all other marketing activities deemed appropriate by the Declarant, and to
permit the Builder and others to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article IV of this Declaration, Declarant
shall have the right, but not the obligation, to loan money to the Association in such amounts and
upon such terms and conditions as to which the Declarant may agree. Payments due to the
Declarant under any such loans may, at Declaranfs option, be credited against any assessments
coming due at any time from the Declarant.
(e) In addition to all other rights of the Declarant, no amendment shall be made to this
Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the
Association, so as to modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against the Lots owned by either, or which shall restrict, impair, or, in
Declarant's sole judgment, materially adversely affect the activities of the Declarant or the
Builder with regard to construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not
such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant.
In exercising any of the rights provided or granted under this Article D{, neither
Declarant, nor the Association shall revoke, modify or amend this Declaration in a manner that
reduces the size of the Common Area to less than the area required by the appropriate
governmental authority as of the date of this Declaration.

Inst li 337535 Book 2416Page: 662
ARTICLE X
USE RESTRICTIONS
Section 1. Business Use Prohibited. No trade, business, profession or other type of
commercial activity shall be carried on upon any Lot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices, storage facilities, and its own general business offices; (ii) maintain fluorescent -lighted
or spot -lighted model homes which may be open to the public for inspection 7 days per week for
such hours as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
Section 2. Use of Accessory Structures. No tent, shack, bam, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a
Lot, and used temporarily or permanently as a residence, nor shall any such structure be used for
any other purpose. Notwithstanding the foregoing, the Declarant and, with the approval of the
Declarant, a Builder, may use temporary buildings, offices or facilities in connection with the
marketing, sale and construction of Units.
Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition
and repair all improvements constructed upon such Owner's Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owner's Lot, including the roof thereof, except in compliance with Article VIII hereof.
Section 4. Storage: Clothes Hanging. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices shall not be permitted.
Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any Lot or the Common Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
or like activity shall be conducted within the Properties other than in a garage and concealed
from public view.
Section 6. Lawns. In the event any owner of a Lot shall erect a fence pursuant to the
provisions of Section 12 infra, then said Owner shall maintain the lawn within that fenced -in
area in a neat condition. "Neat" shall require, at a minimum, that the lawn be regularly cut and
fertilized and that mulched areas be regularly re -mulched and kept weeded so that its appearance
is in harmony with the neighborhood. No such Owner shall allow the grass in the fenced -in area
of the Lot to grow to a height in excess of six (6) inches, measured from the surface of the
ground. All fenced -in areas of Lots must have grass lawns; no gravel or similar type lawns are
permitted. The Association shall not be responsible for lawn maintenance within fenced -in areas
of Lots, but this shall not affect the amount of Association dues applicable to said Lot.

Inst H 337535 Book 2416Page: 663
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the
Owner at least ten (10) days' written notice, shall be authorized to undertake such maintenance at
the Owner's expense. By accepting title to his Lot, each Owner shall be deemed to grant access
upon the Owner's Lot and Dwelling for such purpose and such entry shall not constitute a
trespass. If such maintenance is undertaken by the Association, Sub association or Declarant, the
charge therefore and all costs of enforcement and collection shall be secured by a lien against the
Lot as provided in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within the residence and are not kept, bred, or maintained for any
commercial purposes or become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the animal to stray or go upon another Owner's Lot without the
consent of such other Owner. No animals shall be permitted on or in the Common Area at any
time except as permitted by the rules and regulations of the Association or by applicable law. All
animals shall be on a leash when outside the Owner's dwelling, and the Owner shall be
responsible for cleaning up all droppings from their animals. The Association shall have the right
to expel animals from the community for the Owner's continuing violations of the governing
documents.
Section 9. Sims. The Association may develop uniform sign standards and specifications
to which all Owners must adhere. Except as authorized by the Association, no signs shall be
displayed on any Lot with the exception of (1) one "For Sale" or "For Rent" sign not exceeding
36" x 24" in size and (2) political signs no larger than 24" x 24", which may be displayed up to
forty-five days before, and seven days after, an election. No sign of any kind shall be displayed
in or on the Common Area without the prior written consent of the Association. Notwithstanding
the foregoing, Declarant and, with the consent of and upon such conditions as Declarant, in its
sole discretion, might impose, a Builder shall have the right to erect and maintain signs of any
type and size on any Lot which it owns and on the Common Area, in connection with the
development and sale of the Properties.
Section 10. Water Retention Areas. The Association shall be responsible for maintaining
the portions of the storm water drainage system which are within the Common Area, including
the water quality and quantity standards of the approved plans, to the extent required by law. A
drainage easement is hereby dedicated to the Association for the purpose of maintaining the
storm water system to meet water quality and quantity design standards of the approved plans
and any future governmental laws, rules or regulations.
Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's Lot lying within a retention area free of debris but shall not remove any wetlands
species or do anything that would affect adversely water quality within the water retention area.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.

Inst 8 337535 Book 2416Page: 664
Section 11. Vehicles. Boats and Trailers. Off-street parking for not less than two (2)
- passenger=automobiles must,be= provided =on- each =Lot prior• to the occupancy=of any
constructed on said Lot, which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turfstone. Parking of motor vehicles on lawns or in other landscaped
areas is prohibited.
No truck or vehicle used primarily for commercial purposes (other than those temporarily
present on business), no recreational vehicles or campers, and no trailer may be parked within
the Properties. Any vehicle not in operable condition and validly licensed, may be kept on a Lot
only if kept inside a garage and concealed from public view. No boat may be kept on any Lot.
For the purpose of this section, the term "kept" shall mean present for either a period of more
than ten (10) hours or overnight, whichever is less.
The Association shall have the right to tow or remove any boat, trailer, or vehicle of any
type which is parked within the Premises or kept on any Lot in violation of this section, at the
owner's expense, and the owner of each Lot, by acceptance of their deed, does grant .to the
Association such an easement on, across, and upon their Lot as may be necessary to enforce the
provisions set out in this section.
Section 12. Walls. Fences. and Hedges. All walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC.
No wall, fence, planter, or hedge shall be erected or maintained forward of the rear
exterior corners of the main residential structure located on a Lot nor outside of an area created
as if the side lines of the structure were extended at a ninety degree angle to rear lot line.. For
the purpose of this provision the side line of the structure excludes bay or box windows, chimney
structures or any other similar appendage.
Walls, fences and hedges are Improvements and therefore subject to approval pursuant to
Article VIII of this Declaration, threfore the design, location and materials of all fencesand walls
must be approved by the ARC prior to construction.
Section 13. Above ground swimming pools. No above ground swimming pool shall be
erected, constructed, placed or permitted to remain on any Lot.
Section 14. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae, or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
time. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.

Inst # 337535 Book 2416Page: 665
An antenna permissible pursuant to rules adopted by the Association may be installed
_---- =--only ifit is:approved by4he Association pursuarit'VAhicleVIII hereof.-
Section 15. Visual Obstructions at the Intersections of Public Streets. No abject or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof)
shall be placed, planted or permitted to remain on any comer lots.
Section 16, Leased Units. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Mariners Pointe Community, recorded in the
applicable public registry for Brunswick County, North Carolina. Tenant acknowledges that he
has received of a copy such Declaration -and the rules and regulations of the Association and is
familiar with the provisions of same."
If an Owner fails to include said provision in any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall furnish the
Association a copy of any leases or subleases of his Unit.
Section 17. Minimum Size of Units. All Dwellings constructed on any Lot shall have a
minimum of I100 square feet of enclosed dwelling area. The term "enclosed dwelling area" as
used in the minimum requirements shall be the total enclosed area within a dwelling, provided,
however, that such term does not include garages, terraces, decks, open porches, and like areas;
provided, further, that shed type porches, even though attached to the house are specifically
excluded from the definition of the aforesaid term "enclosed dwelling area".
Section 18. Seasonal or Holiday Decorations (e.g., Christmas trees and lights,
pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
Section 19. Window Covering. All drapes, curtains or other similar materials hung at
windows so as to be visible from outside the home shall be of a white or neutral background
material.
Section 20. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Sites shall be clear, white or non -frosted lights or bulbs.
Light wattage and placement shall be approved by the Architectural Control Board.
Section 21. All service utilities, fuel tanks, wood piles and trash and garbage containers
are to be enclosed within a fence, wall or plant screen of a type and size approved by the

Inst $ 337535 Book 2416Page: 666
Declarant or the Architectural Control Committee, so as to preclude the same from causing an
unsightly view from --an rhi wa ==street -or way- -other ---
F Y= Y P Y, Y , y=
residence within the subdivision.
Section 22. Fins. The design, materials and location of all flags, flag poles, flag
staffs, shall be approved by the ARC prior to installation or display pursuant to the approval
requirements of Article V111, Section 1, of this Declaration.
Section 23. Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XI
STORMWATER MANAGEMENT
Section 1. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 021215, as issued by the Division of Water
Quality under NCAC 211.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Stormwater Management
Permit. These covenants are to run with the land and be binding on all persons and parties
claiming under them. The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State of North Carolina, Division of Water Quality.
Section 2. The maximum allowable built -upon area per lot is 2,500 square feet. This
allotted amount includes any built -upon area constructed within the lot property boundaries, 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,
and coquina, but does not include raised, open wood decking, or the water surface of swimming
pools.
Section 3. Filling in, piping or altering any 3:1 vegetative conveyances (ditches, swales,
etc.) associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
Section 4. Lots .within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
Section 5. Filling in, piping or altering any designated 5:1 curb outlet swale associated
with the development is prohibited by any persons.
Section 6. A 30-foot vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
Section 7. Each Owner of a Lot which borders a water retention area, drainage easement or
drainage swale area shall be responsible to maintain any portion of that Owner's lot lying within

Inst # 337535 Book 2416Page: 667
a retention area, drainage easement, or drainage Swale area free of debris but shall not remove
retention area. No structure of any type shall be pemritted within the water retention areas,
drainage easements or drainage swale areas.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
ARTICLE XH
ANNEXATION TO MARINERS POINTE
Master Association. Pursuant to the Master Declaration, all Owners are also members of
the Mariners Pointe Community Association, Inc. ("Master Association"). Each Owner
acknowledges that pursuant to the Master Declaration, the Owners have been or may be
designated as a Subassociation.
2. Master Association Assessments. Each Owner acknowledges that the assessments and other
charges provided for herein are in addition to, and not in lieu of, the assessments and other
charges provided for in the Master Declaration.
3. Cumulative Effect; Conflict..The provisions of this Declaration shall be cumulative with the
Master Declaration and any additional covenants, restrictions and declarations encumbering the
Property. The Association may, but shall not be obligated to enforce the provisions of the
Master Declaration and any such additional covenants, conditions and provisions; provided that
in the event of a conflict between or among this Declaration and the Master Declaration, the
provisions of the Master Declaration shall prevail. In the event of a conflict between or among
this Declaration and any additional covenants or restrictions, provisions and/or the provisions of
any articles of incorporation, by-laws, rules, regulations, policies or practices adopted or carried
out pursuant thereto, the Declaration shall control. The foregoing priorities shall apply to, but
not be limited to, the lien for assessments created in favor of the Master Association and
Association. Nothing in this section shall preclude any Supplemental Declaration or other
recorded declaration, covenant and restriction applicable to any portion of the Property from
containing additional restrictions or provisions which are more restrictive than the provisions of
this Declaration and the Association shall have the standing and authority to enforce same.
ARTICLE XHI
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by
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
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the

Inst 4 337535 Book 2416Page: 668
right to record in the appropriate land records a notice of violation of this Declaration or the
Bylaws of the Association,_or-_any_rules,;,regulations;-use:-restrictions,-=or=design-=guidelmea`
-=,- _
promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration maybe amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the applicable public registry for Brunswick County, North Carolina. on amendment
has provided to such Owner.
shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such amendment
The covenants and restrictions of this Declaration, and any .amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years unless terminated or
amended by a vote of the Owners as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be amended during the first twenty-five year period by an instrument signed by
the Owners of not less than seventy-five percent (75%) of the Lots and terminated during the
first twenty-five year period by an instrument signed by the Owners of not less than eighty
percent (80%) of the Lots, and thereafter amended by an instrument signed by the Owners of not
less than sixty-seven percent (67%) of the Lots or terminated by an instrument signed by the
Owners of not less than eighty percent (80%) of the Lots, provided, however, that so long as
there is Class B membership, no amendment adopted by the Owners shall be effective unless and
until such amendment is approved in writing by the Declarant. Amendment or termination shall
be by written instrument signed by the appropriate persons or entities and recorded in the
applicable public registry for Brunswick County, North Carolina, and upon recordation, shall be
binding on all Lots and Units within the Properties and the Owners thereof, without regard to
whether the Owner of such Lot voted for or against or signed or did not sign the amendment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa: the use
of one gender shall include all genders; and the use of the word "including' shall mean
"including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of North Carolina.
Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.

Inst Il 337535 Book 2916Page: 669
Section 6. Declarant's Right To Change Development. With the approval of the
_=- appropriate- governmental -authonty, and--subject-only to--such=terms•-an&conditions as=said
authority may impose, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
Additionally, the Declarant may convert any lot or lots or any other property subject to these
restrictions to use as a roadway.
Section 7. Rules and Regulations: Enforcement. The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots within the Subdivision and shall famish a written copy of said rules and regulations to
the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Common
Area and recreational facility within the Properties if the Owner is more than 30 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all times have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Section 8. Dispute Resolution.

Inst 1# 337535 Book 2416Page: 670
(a) Consensus for Association Action.(1) Except as provided in
----o - - ��••�� u,-UVI Lms r+mcie wltnout the
approval of at least two-thirds of the Members. The foregoing shall not apply to: (i) actions
brought by the Association to enforce the provisions of this Declaration, the Bylaws, or rules and
regulations adopted by the Association (hereinafter collectively referred to as the ("Governing
Documents"); (h) the imposition and collection of assessments; (iii) proceedings involving
challenges to ad valorem taxation: or (iv) counterclaims brought by the Association in
proceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
Member, and to have access to inspect and correct the condition of or redesign any portion of
any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) Alternative Method for Resolving Disputes. Declarant, its officers, directors,
employees and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its officers, directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred to as the "Claims") to the procedures set forth in Subsection (d) hereof.
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims might have arisen or on what they might be based,
including, but not limited to, Claims: (i) arising out of or relating to the interpretation,
application or enforcement of the Governing Documents or the rights, obligations and duties of
any Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements; or (iii) based on any statements, representation, promises, warranties, or other
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing, the following shall not be deemed to be Claims covered by this Subsection (c) and shall
not be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article V of this Declaration:
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the status quo and preserve the Association's or the
Declarant's ability to act under and enforce the provisions of Articles VM and XI of this
Declaration;

Inst # 337535 Book 2416Page; 671
(3) any proceeding between or among Owners, which does not include the Declarant, a
--- Builder; or_the:Association=as=a-party,-if-such-proceeding-asserts-a Claim=which would constitute
a cause of action independent of the Governing Documents; or(4) any proceeding in which no
Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory Procedures.
(1) Notice. Any Bound Party having a Claim (the "Claimant") against any other Bound
Party (the "Respondent") (the Claimant and the Respondent being herein individually referred to
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
(i) the nature of the Claim, including the persons or entities involved and the
Respondent's role in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Claim arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. If requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
(ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
(iv) Any settlement of the Claim through negotiation or mediation shall be
documented, in writing and signed by the Parties. If the Parties do not settle the Claim within 30

Inst 0 337535 Book 2416Page: 672
days after submission of the matter to AAA mediation, or within such other time, as may be
.determined. by=the;mediator-or=agreed=to=by-the=Parties,=the -mediator-shall=issue a written-notice
of tennination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the
settlement agreement, any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non -complying Party (or, if more than one Party is in noncompliance, from all non-
complying Parties pro rata) all costs incurred by such Party in enforcing the agreement,
including, without limitation, attorneys' fees and court costs.
(3) Binding Arbitration.
(i) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
Claim shall be heard and determined by three arbitrators. Otherwise, unless the Parties otherwise
agree, the Claim shall be heard and determined by an arbitrator. An arbitrator shall have
expertise in the areas) of the Claim, which may include legal expertise if legal issues are
involved.
(ii) Each Party shall bear its own costs of the arbitration, including attorneys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non -contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
(iii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Subsection. Notwithstanding any other provision of this Declaration,
this Subsection 8 may not be amended prior to the expiration of 20 years from the date of
recording of this Declaration without the prior written consent of the Declarant.

Inst iI 337535 Book 2416Page: 673
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal this 22 day of June, 2006.
DECLARANT:
BILL CLARK HOMES OF WILMINGTON, LLC,
A North Carolina limit 'lity company
B L SEAL)
Manage
B Ay. - J� (SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, (�n�L 13444)- bJ a Notary Public for AUaex County, North
Carolina, do hereby certify that E`aejA.ea //. C7 net and SWXA A. ('ueux
Managers of Bill Clark Homes of Wilmington, LLC, a NC limited liability company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument on
behalf of said limited liability company.
Witness my hand and sea] this 2Z__ day of 2006.
�00%W11Egy� G
� �........,6
ta NoPublic `��
�•`**' NOp
My comm. expires: %�,l z7 2009
'o: ®®

Tnst 0 337535 Book 2416Page: 674
EXHIBIT A
Legal Description of Property
BEING all of that property known The Village at Mariners as the same appears on a plat
thereof recorded in Map Cabinet 35 at Page 280-281 in the Brunswick County Registry,
reference to which plats is hereby made for a more particular description.

fi�����IIJill I?Aj P0168.5 .24 39M
rre`.nter P'
at
Total Rev Int.qtte
--.—Ckl Cash$
40� Refi)nH:____Ca_tS_Fnance
1�P� 0Porhonsofdxuxenlaxo16g Je due lecond*n
m"PZ0r45';inal.
9G7©/rGfjCS11 ❑Dowmentmntanasealsverkdbyor&al
igstmmen! Lbatcanno' hn mpmduxd mCOpied.
This instrument drafted by: The Law Firm of Hutchens, Senter 8 Britton, PA
After recording, mail to: The Law Firq,,of Hutchens, Senter 8 Britton, pA
e r���C I�
NORTH CAROLINA
BRUNSWICK COUNTY
DECLARATION OF RESTRICTIVE COVENANTS
ate^ OF //��
THE COTTAGES;7F, NOER�S.P_O�� BDIVISION
���u�o �
THIS DECLARATION AND AGREEMENT is entered into this Br" day of December, 2008
between CARTER CHAPPELL, LLC a North Carolina Limited Liability Company (hereinafter
"Declarant") and all parties hereafter acquiring any of the described property.
WITNESSETH;
ray (q
WHEREAS, Declarant is the over, tad qe eloper of all lots within a subdivision of the
County of Brunswick, State of t ohtJ'6arolipaVknowg'Tsr`l e;Cottages at Mariner's Pointe
Subdivision and being that certain{Lots 34-75 11 1 Z.fptmedy known as Sweetbay Village,
Phase 2Br and Lot 33, formerly known-as-Sweetbay-Village, Phase 2A and more particularly
described by map and survey in Plat Book 56, Page 33 of the Brunswick County Registry; and
WHEREAS, it is in the best interest of the Declarant and to the benefit, interest and
advantage of eve na tt,
g every party hereinafige� acquiring �y � �/�e(escribed property that certain
covenants, conditions, easements, ass�°ssmeMs l�gs_andlres actions governing and regulating
the use and occupancy of the property' b hed;
U Calm ! a
WHEREAS, Declarant desires to provi19,
70T11 �e preservation of the values and
amenities and the desirability and attractiveness of said property; and for the continued
maintenance and operation of any recreational and/or common area; and
0

N����1p�liR ill1 l( lllllllllllill Branch 19.iazm sao�`ifi°
ARTICLE V
EASEMENTS
The Declarant reserves the right to subject the real property in this subdivision to a
contract with the appropriate energy mpany for the-in""tlation of underground electric cables
and/or installation of street lighting, rei4�4{lierl r o, q 6f, vhich may require an initial payment
and/or continuing monthly paymOrill L t{ie p opriato,energy,,company by the owner of each
building unit. J
Easements for installation and maintenance of utilities and drainage facility are reserved
along each property line of each lot in the subdivision to a width of 10 feet of each line unless
such shown easements are depicted on the recorded plat, in which case the plat shall control.
Within these easements, no structure, fence, planting orlother material shall be placed or
permitted to remain which may damabe or �tertei wit fth� ihstallation and maintenance of
�i� 4U
utilities and drainage facilities, r whic Cm dhJnge-the direction of flow of the drainage
91 I r rr _, nn>t or retard channels in the easements, or�wf{i mpytivoba�uct or retard the flow of water through
drainage channels in the easements. The easement reaLbf each lot and all improvements for
which a public authority or utility company is responsible.
ARTICLE VI
IM EA.R-VI01 S-1MAT LS.�
nmIptg ed
Impervious Materials. Anylimp�lous9�te�� pfaCad Upon lots shall not exceed the
percentage that is required by the Cod es of the CoantyZpfZBrunswick. 'Impervious material" is
defined as rooftops of homes, garages, outbuildings, and paved or concrete driveways,
walkways and patios.
11' ARTICLE VII
� 2 ENFO2� ,
nrA9 ENT
l'JUU`JC�il�y� anuerrracrzFc
Enforcement shall be the responsibility of the homeowners of the subdivision, but the
Declarant, the Board or any lot owner shall also have the right to bring enforcement
proceedings. Enforcement shall be by proceedings at law or in equity against any person or
persons violating or attempting t�violate any covenant, either to restrain violation or to recover
damages, or both. The prevailing°per� in any eqnrforye�nN�proceeding shall be entitled to
recover from the adverse party a reaslona�le lu,,f&,reimbursement of attorney's fees and
court costs incurred in enforcing pJd� riding matters,TOMdiii these covenants in an amount
«n
to be determined by the court. The' eclaranYbr?Soardst)all have the right to impose fines on
owners for violations of these Covenants. The procedure �tor imposing said fines shall be that
as described in the North Carolina Planned Community Act Section 47F-3-107.1 as it may be
amended from time to time.

��l��II�I�IIII�IIII�IIIIIIIII 92863 P0]83mmo�s z:0eaa
��a 6p.gw!t !� ounty, NC �gl.t., of D..ds p.q. 16 of 16
ARTICLE VIII
SEVERABILITY
Invalidation of any one of these:covenants or restrictions �b JyJ)l udgment or court order shall in
no way affect any other provisions which shall remairiiRfittl'iprrce and effect, and the failure of
'aP iS 1Uc'-u —
any person or persons to take action� ffto-e�ae Jthe-wblatlon of any of these covenants and
III6 ll!
restrictions shall not be construed asa.wawer of_anyre'nlo"reetnenC rights and shall not prevent
nt�
the enforcement of such covenant or covenants -in �hfe;(y_ture.
ARTICLE IX
AMENDMENT
n n
The covenants and restrictions of`th Declaratioms fll7ruf! �Uith and bind the land, for a term
4v JIS �1UU
of twenty (20) years from the date this De laratiJm s-recorded, after which time they shall be
automaticallyextended for su , it a�l�no
colI ll' perlods/� (�t k' fi)�'4jih"ars. This Declaration may be
amended by affirmative vote of not less than sixty-seven; percent (67%) of the then Lot Owners
or by an instrument signed by not less than sixty-seven percent (67%) of the then Lot Owners.
Any amendment to this Declaration must be recorded in the Office of the Register of Deeds of
Brunswick County, North Carolina.
4%
IN WITNESS WHEREOFVhe Declarajit hasp caused this instrument to be
hi �v
executed, by authority of its Member%Mana�thls-8th day of December, 2008.
UIr �11 6
ER CARTCHAPPELL, LLC
BY:
a
v,
NORTH CAROLINA Vzc�n(L
f 1'..✓�;'z COUNTY n �(,��� 0,
VMYPTrt+tUM'd
J U C9Gypo9���r �,
I, the undersigned, a Notary Public of the Runty and State aforesaid, do hereby
certify that &. NAA LJ 'Am/OA'tl personally appeared before me this date and
acknowledged that he is Member/Manger of, CARTER CHAPPELL, LLC a North Carolina
limited liability company, and by authority duly given and as an act of said entity, he
signed the foregoing instrument on behalf of said entity in such capacity.
Witness my hand and 6ff:cial stamp or sea! -on t�is the 8th day of December,
NOTARY PUBLIC=Rhn"Cd
arolina
r
My Commission Expires: �/�
V�ff

Allll�l9 U111llllllli fl W&I'47 = PLAT OF SURVEY FOR
IA—
�D.93 THE COTTAGES AT MARINER`S POINTS ""' ° 'T°"IN
fNL GRID FORMALLY SWETRAY VILLAGE PHASE IB
fV���`"` a xuPt e. w[rp s. u mm m.l M SMITHVILLE TOWNSHIP. RRWSWICK CO TY(6pUMGP PO' L';UPIfO S7G:L � ^j
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r
� Brunsule ot12 t NC Re91.t.r of DeWs f 1
Pmvon+`!ar�rLl.t ""� Ret:lZ�
((lJ�i Chg_Ca
Finante__
c9 L:.,r.�^.ne"�nerAwe Abyt'G:w la WrGi9on
al :c;j•gl.
❑Leant 'Z vepno orW
W'M.1 N 2,T.kV@l of a]pBt.
FIRST SUPPLEMENTAL DECLARATION
OF THE
VILLAGE AT W INERSPO INTE COMMUNITY
4 AT
MARININTE
THIS INSTRUMENT, made and entered into this30 day of JNoe , 2007
by Bill Clark Homes of Wilmington. LLC• a North Carolina limited liability company
(hereinafter referred to as Declarant). s
WIIEREAS, the Declaration of Covenants, Conditions and Restrictions for Matinees Pointe
Community is recorded in Book 2327 at Pages 640 et seq. in the Office of the Register of Deeds of
Brunswick County, North Carolina (such instrument as supplemented and amended is herein
referred to as the "Master Declaration'); and
WHEREAS, Article 11 of theAlaration provides that Declarant has the right to annex
additional real property to said D IRatioan� ,and tfi"tion to subject said property to additional
easements and covenants.
WHEREAS, the Supplementary Declaration for the Village at Matinees Pointe Community
is recorded in Book 2416 at Pages 643 et seq. in the Office of the Register of Deeds of Brunswick
County, North Carolina (such instrument as supplemented and amended is herein referred to as the
"Master Declaration")
WHEREAS, it is the intentioA Bill Clark Homes of Wilmington, LLC , to subject the
property as shown on the plat r idedpin Ma�91C�bs�l 36, Instrument Number 419 to the
Declaration and to the addilio covenard� d easemelilll'$,}t set forth for the purpose of
protecting the value and desira5ility of said pre,},t�'.
NOW, THEREFORE, Bill Clark Homes of Wilmington, LLC , Declarant, hereby
declares as follows, to -wit:

r �c
UIII�III�lNII�II I IIIIIII� I IIIIII III R?�4 ?a818; 2007aa
e�m.n.loY cwnevawt•a. of DUAn ww 2 of �
Annexation to Mariners Pointe and to the Village at Mariners Pointe. That the said
property shown and descr as Lots 20 through 23, 101 though 108 and 121
through 128 as shown on a plat entitled "Sweetbay Village Phase 2A" and recorded
in Map Cabinet 36, Instpri cat Numbe'Au inn c Office of the Register of Deeds of
Brunswick County, N( t�fh Carofiiq to which pldt' tliftiertce is hereby made for a more
particular descriptioi%is and hereaflhVhall be held, transferred, sold and conveyed
subject to:
a. the Declaration of Covenants, Conditions and Restrictions for Flagship Point at
Long Beach (now known as Mariners Pointe Community) recorded in the
Brunswick County Rr'stry in Book 1743 at Page 1296 as amended in Book
2327 at Page 640 he same be amended and supplemented from time to
time and to ditiTal reessffl6tIQ-%p asemcros and covenants set forth
herein which a for the pitfttpse of enhanihng�fr',e value of the properties and
which covenants shall run wt the land and shall be binding upon all parties
having any right, title or interest in the property hereinabove described and
shall inure to the benefit of each owner thereof.; and
b. the Supplementary Declaration for the Village at Matinees Pointe Community
recorded in Book 16 at Pages 643 as the same may be amended and
supplemented fin�b tme to tiMI'VI N to the additional restrictions, easements
and covenants Set fin eretn wliith;�faS the purpose of enhancing the
value of the properties an tch covenantst�l run with the land and shall
be binding upon all parties ba g any right, title or interest in the property
heremabove described and shall inure to the benefit of each owner thereof
2. The said property annexed herein shall be subject to all terms, requirements and
conditions of said Declaration and all amendments thereto the provisions of which are
hereby incorporated as the 3'1 fully set forth herein.
3. �o more than Two Th ssa d F' e Hundrsquare feet of Lots 20 through
N (231 101 though 10SAI d 121 throw 128 as shown b7i the plat entitled "Sweetbay
'trStnao M.— IA" —A --A" :« T «« n..4.:«e. 14
(1� Office of the Register of Deeds of Brunswick County, North Carolina, including that
the_l� portion of the right-of-way between the edge of the paved fight -of -way and the front
lot line of each lot, shall be covered by impervious structures or material, including,
N

J V�VQ,Ga� 0aA]-3W]
i{�����i.t.�r 8265� P08 9 .4
but not limited to, asphalt, gavel, concrete, brick, stone, slate, coquina or similar
material. No owner shall �1 or pipe any roadside or lot —line swale except as
necessary to provide a mrr4 m driveway crossing and any such fill or piping must
be approved by Declara o assure thai!iNk2ll-not interfere with the established storm
water and erosion ce I plandl s previson }s nl i dad to insure compliance with
Title 15 NCAC 2tT1003 and th r inures to the benefit of the State of North
Carolina. The provisions contained erein shall not he amended without the of
consent the State of North Carolina. This provision may be enforced by the State of
North Carolina. This covenant shall run with the land and shall be binding on all
parties and all persons claiming under them.
4. That except as specifies �et forth Herein, said property annexed herein shall be
subject to all leans, air Cats &Vr po�lip�as of said Declarations and all
amendments thereto�th provis�`ft of which are1lSer&I incorporated as though fully
set forth herein."'
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, LLC has caused this
instrument to be executed on the day and year first above written.
W Clark Homes of W gtpn, LLC
orth Car�lra limited 1 lr�'lity mpany
B
Mein er onager
C9�Cgm�'

PLAT OF SURVEY FOR
SWEETBAY VILLAGE, LLC
SWEETBGY VILLAGE iYtUF Pl
Y111M' TOWIPOP, 9PV '" C.
&NNSMCK coM NCItIN CdAMLINA
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NCINITY MM NOT TO SC&E
(/
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--------

5w4?0 Z/2/5-
0( ec Rrunsvick County —Register of Deeds
�FQrZpj �he[t J. Robinson
Iti�at 1337535 Rook 241611age 643 _
"?m 06/23/2006 04:45:18pm RecX a15r(g5
�� try ��QC��R��'6�I REV TCtl
� �'aP CK AM�CKX
® CASN�REF__gy
SUPPLEMENTARY DECLARATION
FOR THE
VILLAGE AT MARINERS POINTE COMMUNITY
MA %S POINTE
(formerly known as Flagship Point)
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL
SIGNS
THIS DOCUMENT R$ZU ATES fOV,_-� HIBITS THE DISPLAY OF THE
FLAG OF THE UNITED��'ATES �O"F AMEU XTIOROTATE FLAG OF NORTH
CAROLINA
THIS SUPPLEMENTAL DECLARATION is made on the date hereinafter set forth by
Bill Clark Homes of Wilmington, LLC, a North Carolina limited liability company (hereinafter
referred to as "Declarant"): .
WITNESS TO:
WHEREAS, Declarart irIs ofQcertarir-ir'f+_ , roperty located in Brunswick
County, North Carolina, which is more partk ly described on Exhibit "A" attached hereto and
made a part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on the Property an exclusive residential
community of single-family homes to be known as The Village at Mariners Pointe (hereinafter
sometimes referred to as "Subdivision");
WHEREAS, it is the inter$ eclaranl Z&r')Yial5 the The Village at Mariners Pointe part of
the Mariner: Pointe Communi cur-
'�rtd subjec�,to the of Covenants, Conditions
and Restrictions for Matinees!ointe Community,,as recorded in Book 2327 at Pages 640 et seq. in
the Office of the Register of Deeds of Brunswick County, North Carolina (such instrument as
supplemented and amended is herein referred to as the "Master Declaration'; and

337535 Book 2416Page: 666
Declarant or the Architectural Control Committee, so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision.
Section 22. Flaw. The ign, materials and location of all flags, flag poles, flag
staffs, shall be approved by the ARprior to installation or display pursuant to the approval
requirements of Article VIII, Sec�ibn 1, ofy is Dec�tei6`$��D
Section 23. Deviations. Declarant at t ole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XI
S�TPRRMWX, ER�MnF1A B14kF T .
Section 1. The following covenant intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 021215, as issued by the Division of Water
Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Stormwater Management
Permit. These covenants are to runpith ith the land and be binding on all persons and parties
claiming under them. The covenantV61aining to stormwater regulations may not be changed or
deleted without concurrence of the'tale of No;it&Q� Division of Water Quality.
Section 2. The maxi miun allowable V�:t-upon area per lot is 2,500 square feet. This
allotted amount includes any built -upon area constructed within the lot property boundaries, 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,
and coquina, but does not include raised, open wood decking, or the water surface of swimming
pools.
Section 3. Filling in, pipid� or altering avy` 7tive tative conveyances (ditches, swales,
ge
etc.) associated with the dew'eiopment _Xeegt for average �ditveway crossings, is strictly
prohibited by any persons. "®
Section 4. Lots within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
Section 5. Filling in, piping altering any designated 5:1 curb outlet Swale associated
with the development is prohibited.kl any personN��.
Section 6. A 30-foot Q Igetated bust bem�Utparnad between all built -upon area
and the Mean High Water line of surface waters.
Section 7. Each Owner of a Lot which borders a water retention area, drainage easement or
drainage swale area shall be responsible to maintain any portion of that Owner's lot lying within

j1
ilRitnt 337535 Book 2416Page: 667
a retention area, drainage casement, or drainage swale area free of debris but shall not remove
any wetlands species or do anything that would affect adversely water quality within the water
retention area. No structure of any type shall be permitted within the water retention areas,
drainage easements or drainage swalccaareas.
Swimming and bathing in ACer retention��[et ass are prohibited. Docks or other structures
shall not be erected in water ret el
we without tf Prior,,, amen consent of the Association.
All other uses of water reteifibn areas 'Nall be subject tol'fiUprior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
ARTICLE XII
ANNEXATION TO MARINERS POINTE
1. Master Association. Pursuanwethe MastcfjDuda�rraa"tion, all Owners are also members of
the Mariners Pointe Communiity Astoc'atioq Inc `-�vfa,S� ssociation"). Each Owner
acknowledges that pursuant to the Mas eclamtion, the Owners have been or may be
designated as a Subassociation.
Master Association Assessments. Each Owner acknowledges that the assessments and other
charges provided for herein are in addition to, and not in lieu of, the assessments and other
charges provided for in the Masterclaration.
Cumulative Effect: Conflict. e provisioNHsDrtclaration shall be cumulative with the
Master Declaration and any daditional�i %ants, reshiclfl s.mZi declarations encumbering the
Property. The Association may, but shalN be obligated to enforce the provisions of the
Master Declaration and any such additional covenants, conditions and provisions; provided that
in the event of a conflict between or among this Declaration and the Master Declaration, the
provisions of the Master Declaration shall prevail. In the event of a cenflict between or among
this Declaration and any additional covenants or restrictions, provisions and/or the provisions of
any articles of incorporation, by-law* Hiles, regulations, policies or practices adopted or carried
out pursuant thereto, the Declaration shall col The foregoing priorities shall apply to, but
not be limited to, the lieu sissessptents 1 ttd(ii[�F�ay �^f the Master Association and
Association. Nothing in section sh�etceclude any supplemental Declaration or other
recorded declaration, covenant and restriction' pplicable to any portion of the Property from
containing additional restrictions or provisions which are more restrictive than the provisions of
Ns Declaration and the Association shall have the standing and authority to enforce same.
ARTICLE XIII
� ENERALT,VYISIONS
Section 1. EnforeemenAlrThe Associn r any Owner s(rall have the right to enforce, by
proceeding at law or in equity, all restrictions, nditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the

RR
:Q�z, Iwti 1 337535 Book 241613age: 674
EXHIBIT A
4Aegai 11gcKPtion of -coperty
BEING all of that property known The Village at Mariners as the same appears on a plat
thereof recorded in Map Cabinet , at Page 280-281 in the Brunswick County Registry,
reference to which plats is hereby,;zt af�orr a mqr articular description.
Z g�D

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430 EASiMh'0 ROw. luiN6i(Yio Nc'zeW]

Rrunswi,k County —Register of Deeds
Robert J. Robinson
Inst ►313996 Book 2327P ey 62�
02/03/2006 01:49:49 Rec6 I
02/06/2006
$3,410.00
11 RET
TOTAle-�REV3 Dr C#
RE
E,Cll. ra-
4 L
H— REF_ BY
CASH_ Ef
WARRANTY DEED
NO TITLE SEARCH HAS BEEN REQUESTED AND NO SEARCH HAS BEEN y-� T Iy TF,
PERFORMED. �@{NEi E1 V Ei
Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC
16 North Fifth Avenue, Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
TAX PARCEL R06011-002-010-000
PROD #
MAR 3 0 2006
THIS DEED, made this 14 Kd day of 2006 by and between
SWEF,TBAY VILLAGE, L.L.C. A/K/A SWEETBAY VILLAGE OF SOUI'HPORT, L.L.C.,
a North Carolina limited liability company, herein called GRANTOR, and BILL CLARK HOMES
OF WILM►NGTON, LLC, a North Carolina limited liability company whose mailing address is
430 E st: ood Road See 100 l.'ilming:on. NC 28403 herein, whether one or more, called
GRANTEE.
WITNESSETH THAT:
THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby
acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey
unto GRAN'rEE and its successors and assigns forever, all that certain real property located in
Brunswick County, North Carolina, described as follows:
BEING all of Lots 1-19, 76-100, 109-120, and 129-134 Sweetbay !1 \p15
Village, L.L.C. according to the plat and survey thereof as recorded U '
-' in Map Book 33, at Page 377, Brunswick County Registry, to which
plat reference is hereby made for a more particular description of
same.
TOGETHER WITH those portion of the private roads, Sweet Bay
Drive, Southern Pine Drive, Dutch Elm Drive and Cherry Laurel
Drive, and ditches that are directly adjacent to and share a common
lot line with the above described lots as shown on the above
referenced plat.
GRANTOR reserves a right of way easement over and across the
above described roads for the future use of developed lots and lot
`. owners of Phase II Sweetbay Village.
SUBJECT TO all easements, rights of way and restrictions of
record; all govermnental land use statutes, ordinances and
1854N 11
DWQ

„(
Inst i 313996 Book 2327Page: 628
regulations, including zoning, subdivision and building regulations;
and ad valorem taxes for the current and subsequent years.
TO HAVE AND TO HOLD the above granted and described property, together with
all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging,
or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple,
forever.
And the GRANTOR, for itself, its successors and assigns, does covenant to and with
the said GRANTEE, its successors and assigns, that it is seized in fee of the above granted and
described property; that it has the right to sell and convey the same in fee simple; that the title is
marketable and the same is free and clear from any and all liens, claims, restrictions, easements or
encumbrances, except those mentioned above; and that it and its successors and assigns shall
warrant and defend the title to the same, except as set forth herein, against the lawful claims and
demands of any and all persons whomsoever.
IN TESTIMONY WHEREOF, the said GRANTOR has hereunto caused this
instrument to be executed as of the day and year first above written.
SWEETBAY VILLAGE, L.L.C.
By:
Title: -6—
By:
Titles
NORTII CAROLINA
COUNTY OF NEW HANOVER
I, _ kR (/. /-/eW e a Notary Public in and for the State
and County aforesaid, d certify t at� Zlardsoq (title) of Sweetbay Village,
L.L.C. personally appeared before me this day and acknowledged of the foregoing
instrument.
WITNESS my hand and official seal this 37d'day of�, 2006.
tary Public
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NORTI I CAROLINA
COUNTY OF NEW HANOVER
i, 17�q RO Y • /Y euj C. f� , a Notary Public in and for the State
and County aforesaid, do certify that Fred O. Hathaway, lllP hec g2)20cz (title) of Sweetbay Village,
L.L.C. personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and official seal this 1-4 day of !2 J) . , 2006.
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`otary Public
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RECEIVED
MAR 10 2006
PROJ # �Mz/ Z/S
SUPPLEMENTAL DECLARATION
FOR THE
VILLAGE AT MARINERS POINTE COMMUNITY
AT
MARINERS POINTE
(formerly known as Flagship Point)
THIS INSTRUMENT, made and entered into this _ day of March, 2006 by Bill
Clark Homes of Wilmington, LLC , a North Carolina limited liability company
(hereinafter referred to as Declarant).
WITNESSETH
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Mariner's
Pointe Community is recorded in Book 2327 at Pages 640 et seq. in the Office of the
Register of Deeds of Brunswick County, North Carolina (such instrument as supplemented
and amended is herein referred to as the "Master Declaration"); and
WHEREAS, Article II of the Declaration provides that Declarant has the right to
annex additional real property to said Declaration and the option to subject said property
to additional easements and covenants.
WHEREAS, Bill Clark Homes of Wilmington, LLC has caused to be recorded a
plat subdividing a portion of the aforedescribed property entitled "Village at Mariners
Pointe" in Map Cabinet -, Instrument in the Office of the Register of Deeds
of Brunswick County, North Carolina.
WHEREAS, it is the intention of Bill Clark Homes of Wilmington, LLC , to
subject the property as shown on the plat recorded in Map Cabinet , Instrument
Number to the Declaration and to the additional covenants and easements herein set
forth for the purpose of protecting the value and desirability of said property.
NOW, THEREFORE, Bill Clark Homes of Wilmington, LLC , Declarant, hereby
declares as follows, to -wit:
Annexation to Mariners Pointe. That the said property shown and described
on the plat entitled "Village at Mariners Pointe" and recorded in Map Cabinet
_, Instrument Number in the Office of the Register of Deeds of
Brunswick County, North Carolina, to which plat reference is hereby made for
a more particular description, is and hereafter shall be held, transferred, sold
and conveyed subject to the Declaration of Covenants, Conditions and
Restrictions for Flagship Point at Long Beach (now known as Manners Pointe
Community) recorded in the Brunswick County Registry in Book 1743 at Page
1296 as amended in Book 2327 at Page 640 as the same may be amended and
supplemented from time to time and to the additional restrictions, easements
and covenants set forth herein which are for the purpose of enhancing the
value of the properties and which covenants shall run with the land and shall

be binding upon all parties having any right, title or interest in the property
hereinabove described and shall inure to the benefit of each owner thereof.
The said property annexed herein shall be subject to all terms, requirements and
conditions of said Declaration and all amendments thereto the provisions of which are
hereby incorporated as though fully set forth herein.
Each Owner of a Lot in the Village at Mariners Pointe Village Lot) by
acceptance of a deed thereof is deemed to covenant and agree to pay to the Mariners
Pointe Community Association, Inc., assessments as are set forth in the Declaration and
in this Supplemental Declaration.
2. Imposition of Additional Covenants. That the property shown on the plat
recorded in Map Cabinet Instrument Number shall also be
subject to the additional covenants and easements herein set forth for the
purpose of protecting the value and desirability of said property.
a. Land Use. Lots in the illage at Mariners Point shall be used only for single
family residential purposes and only one single family residence shall be
allowed on any lot. Nothing herein shall be construed so as to prevent
Declarant from using a lot or dwelling constructed thereon as a temporary
sales office or model home.
b. Minimum Square Footage. All dwelling units constructed in the Village at
Mariners Pointe shall contain a minimum of one thousand one hundred
(1,100) square feet of heated living space unless specifically approved in
writing by Declarant.
S�
c. Impervious Coverage. No more than Two Thousand Nine Hundred Thirty
n
Five (2,935) square feet of any residential Lot, including that portion of the
n
Q) V
right-of-way between the edge of the paved right-of-way and the front lot line,
shall be covered by impervious structures or material, including, but not
limited to, asphalt, gravel, concrete, brick, stone, slate, coquina or similar
material. No owner shall fill or pipe any roadside or lot —line swale except as
necessary to provide a minimum driveway crossing and any such fill or piping
must be approved by Declarant to assure that it will not interfere with the
established storm water and erosion control plan. This provision is intended to
insure compliance with Title 15 NCAC 2H.1003 and therefore inures to the
benefit of the State of North Carolina. The provisions contained herein shall
not be amended without the of consent the State of North Carolina. This
provision may be enforced by the State of North Carolina. This covenant
shall run with the land and shall be binding on all parties and all persons
claiming under them.
e. Subassociation. In addition to being a member of Mariner's Pointe Community
Association, Inc., each Owner of a Lot in the Village at Mariners Pointe shall also
be a member of the Village at Mariners Pointe Community Association, Inc.
(Subassociation).
f. Subassociation Assessment. Pursuant to Article V of the Declaration, each
Owner of a Lot in Mariners Pointe, by acceptance of a deed therefore is deemed
to covenant and agree to pay Annual Assessments and Special Assessments. In
addition thereto, each Owner of a Lot in the Village at Mariners Pointe shall also
pay a subassociation assessment for the purpose of maintaining the entire lawns,
as hereinafter set forth.
g. Lawn Maintenance. The Association shall be responsible for maintaining and
caring for the entire lawn of the Lots in the Village at Mariners Pointe which
includes mowing, edging, application of pine straw and pruning of trees and
shrubs. The Association shall also maintain the irrigation system of said Lots and
shall have the right to go on said Lots at reasonable times for the purpose of
performing such maintenance and care; and each Owner hereby grants permission

_y
to the Association to enter his Lot for such purposes. In the event that the need
for maintenance, repair or replacement of the lawns or landscaping, or the
irrigation systems servicing them, is caused by the willful or negligent act of the
Lot owner, his family, or his invitees, and specifically including failure to water
the lawn and other landscaping, the cost of such maintenance, repair or
replacement shall be added to and become a part of the assessment to which such
Lot is subject.
If any Owner should fence his lawn then such Owner shall be responsible for
maintaining the area within the fence. The ground area within the fence must be
grassed or covered with other vegetation which has been approved by the
Association. No Owner shall be relieved of his obligation to pay Subassociation
Assessments nor shall an Owner be entitled to a reduction in the amount of the
Subassociation Assessment for maintaining his own lawn. No Owner may fence
his yard without the express approval of the ARC pursuant to Article VIII of the
Declaration.
OPTIONS
In the event that i) the Association should fail or refuse to collect the
Subassociation Assessments; or ii) the Village at Mariners Pointe Community
Association, Inc. should vote to manage the Subassociation, then the Village at
Mariners Pointe Community Association, Inc. shall have the right to collect the
Subassociation Assessments and manage the Subassociation; provided, however
that all Owners will remain members of the Association with all the rights and
obligations set out in the Declaration.
In the event that i) the Association should fail or refuse to collect the
Subassociation Assessments; or ii) seventy-five percent (75%) the Owners of Lots
in Village at Mariners Pointe should vote to manage the Subassociation, then the
Owners of Lots in the Village at Mariners Pointe Community Association, Inc
shall have the right to form a separate property owners association for the purpose
of managing the Subassociation and collecting the Subassociation Assessments
and each Owner of a Lot in the Village at Mariners Pointe shall be a member of
said property owners association and obligated to pay assessments thereto;
provided, however that all Owners will remain members of the Association with
all the rights and obligations set out in the Declaration.
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, LLC has caused
this instrument to be executed on the day and year first above written.
Bill Clark Homes of Wilmington, LLC
A North Carolina limited liability company
0
STATE OF NORTH CAROLINA
COUNTY OF
Member/Manager
I, , a Notary Public of the County and
State aforesaid, certify that , either being
personally known to me or proven by satisfactory evidence (said evidence being
), personally came before me this day and acknowledged that he/she is
of Bill Clark Homes of Wilmington, LLC, a North
Carolina limited liability company and being authorized to do so and as the act of the
company, voluntarily executed the foregoing on behalf of said company and for the
purposes stated therein.
Witness my hand and official stamp or seal, this _ day of March, 2006

y
My Commission Expires:
(Affix Notarial Seal)
Printed
Notary Public

�.Aug;22 03 10:40a Phillip Tripp 910-763-5631 p.l
Job No. tik4
Date: e?;, 3
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] • FAX: [phone]
Email: [e-mail]
LETTER OF TRANSMITTAL
To:
Attention:
Subject: ��q ViLL4&E ' 0212-15
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER c>)
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Copies Item No Description
I o ��-r4 lAs
These are transmitted as checked below:
( --� Fo'r Approval ( j For Your Use ( ) Sign & Return ( ) Review
Remarks: WrIP A)V A-,"7,b4,°L- lO ram-✓ AZIO-i
1JEu? Erb .
TNA-�%,L `id✓ —
Signed: CJiAa-e€s P.

Rug, 22 03 10:40a Phillip Tripp 910-763-5631 p.2
' Aup-21-2003 03:31pm From-MURCHISON TAYLOR ATTY [phone] T-269 P.002/002 F-952
Sweetbay Village, L.L.C.
At the present time it is contemplated that units built at Sweetbay Village will be rental
runts. If, in the future the units are sold, protective covenants will be recorded that will include
the following language:
ARTICLE
Restrictions on Use and Oecuoanev
Section 1. All lots are subject to the State of North Carolina Rules and Regulations
concerning stormwater runoff and to state stormwater management pennit number SW9021215
as issued by the Division of Water Quality. These covenants may not be changed or deleted
without the consent of the State.
Section 2. No more than 2,500 square feet of any lot shall be covered by structures of
impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate
or similar material but do not include wood decking or the water surface of swimming pools.
Section 3. Swales shall not be filled in, piped or altered except as necessary to
provide driveway crossings.
Section 4. Built -upon area in excess of the permitted amount requires a state
stonnwatcr management permit modification prior to construction.
Seclio All fitted runo m outparcels or re develo nt shall be
directed i the perm' d stormwat ntrol system. T e c mnecao to the stor titer
contr system sh a perforate a manner that tntains the i grity and p imance of
th stem as fitted.
I hereby certify that if lots are sold in this project, the recorded deed restrictions and
protective covenants shall include the above Sections 1-5, that the covenants will be binding on
all parties and persons claiming under them, that they will run with the land, that the required
covenants cannot be changed or deleted without concurrence from the State, and that they will be
recorded prior to the sale of any lot.
This day of August, 2003.
SWEETBAY VILLAGE, L.L.C.
By:
Fred Hathaway, Member Manager