SW8960124_Historical File_20200304

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Johnson, Kelly II-5qCIa<R'
From: Human Resources <[e-mail]>
Sent: Wednesday, March 4, 2020 11:00 AM
To: Johnson, Kelly
Subject: RE: [External] RE: Sea Trail Village on Royal Post Road Section II - State Stormwater (SW8
960124)
Good morning Kel!y:
You can go ahead and correct it on the application and initial it and proceed.
We will be dropping off the other packet of transfers/renewals one day next week. I will let you: know when that
happens.
Thank you!
Dana Connelly
Human Resources Administrator
o 910.287.1136 910.287.1176
SEATRAIL. [e-mail]
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Tuesday, March 03, 2020 3:03 PM
To: Human Resources <[e-mail]>
Subject: RE: [External] RE: Sea Trail Village on Royal Post Road Section II - State Stormwater (SW8 960124)
it has to be renewed'...
From: Human Resources [mailto:[e-mail].]
Sent: Tuesday, March 3, 2020 2:54 PM
To: Johnson, Kelly <kelly.p.iohnson;@ncdenr.eov>
Subject: [External] RE: Sea Trail Village on Royal Post Road Section II - State Stormwater (SW8 960124)
U.-
1

Good afternoon Kelly:
If the permit is not in Sunrise's name, does Sunrise need to do anything about this permit?
Thanks,
Dana Connelly
Human Resources Administrator
"a 910.287.1136 f 910.287.1176
SEA TRAIL. ? [e-mail]
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Tuesday, March 03, 2020 2:31 PM
To: Human Resources <[e-mail]>
Subject: RE: Sea Trail Village on Royal Post Road Section II - State Stormwater (SW8 960124)
Dana,
What are your thoughts on this?
Thanks,
I:eliy
From: Johnson, Kelly
Sent: Tuesday, February 4, 2020 2:13 PM
To: Human Resources <[e-mail]>
Subject: Sea Trail Village on Royal Post Road Section II - State Stormwater (SW8 960124)
Dana,
We received the package to transfer the 18 permits together. (I will be emailing you about that in a bit.) But, one of the
ones that is on that list is the one on the subject line which I am currently working on the Renewal for. I want to go
ahead and push the Renewal through so I can get the group in for the transfer. One question:
1. The application lists the current permittee as Sunrise Corporate Development Limited. But, it appears to be Sea
Trail Corporation. This appears to be a typo. I can correct it and initial it on the application, but I have to get
your permission first.
Thanks,
Kelly
K.el.l.l� Oh v�.SO w
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources

Paa Ih6 41
Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, February 4, 2020 2:13 PM
To: Human Resources
Subject: Sea Trail Village on Royal Post Road Scction II - State Stormwater (SW8 960124)
Dana,
We received the package to transfer the 18 permits together. (I will be emailing you about that in a bit.) But, one of the
ones that is on that list is the one on the subject line which I am currently working on the Renewal for. I want to go
ahead and push the Renewal through so I can get the group in for the transfer. One question:
The application lists the current permit -tee as Sunrise Corporate Development Limited. But, it appears to be Sea
Trail Corporation. This appears to be a typo. I can correct it and initial it on the application, but I have to get
your permission first.
Thanks,
Kelly
K.eLLWOhASOK,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, January 15, 2020 4:20 PM
To: [e-mail]
Subject: SW8 960124 - Villaae on Royal Post Road
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 iee for the subject project on December 16, 2020. The project
has been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Ejnail conespoi�k. ,; ;,, io and from this address is suliject to the
North Garofine Public Records Law and may be disclosed to third parties.

CHECK No: 3266
-SUNRISE. 0, ORPORANE DEV HOLDRM LLC Vbid AfteF 90 Qw Sguffi'v"aaak
PKSV�287-li-bii - sbwhsjwA�8mk.cm
75A all-BAOUM RD
suwt-f BFA,oil No 2"m
DATE CHECKAWUNT
l2jll/19
PAWME
AMOUN'rOF Five Hundred Five AxD oc loo Dollars
.. 0" MCDEQ
TOTHE
ORDER
OF

Application Completeness Review Checklist
Project Name: / A&-- , _ ( U Date Delivered to WIRO:
BIMS Received/Accepted Date
Project County/Location: *BIMS Acknowledged Date:
Rule(s): LJ2017 Coastal L J2008 Coastal L-11995 Coastal
Permit Action: New / Major Mod / Minor Mod enewa( %}Transfer
Permit Typej2�Q> LD / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt / Rescission.
SC M. Type(s):
Development Type: Commercial / Residential / Other
Subdivided?: Subdivision or SinHle Lot
®Phase II MUniversal
**New Permit #:
1988 Coastal
Permit #: S,� - S raf
MPE Cert on File?
to SW8:
Master PE Cert on File?
For New or Transferred Permits Permittee is: Stream Class: i
Property Owner(s) FIDevelo,: er [:]LesseQ DPurchaser EIHOA E13A Map IDORW Map
Paperwork
Emailed Engineer on:
75upplement(s) (1 original per BMP)
F10&M with correct/original signatures (3 original per BMP except LSIVFS and swales)
DA-P-P-,r,cation with correct/original signatures
Corp or LLC: Sig. Auth. per 5o5 or Signature Authorization letter or report
Ds�05 (within 6mo ) Check#(s): L3 a2 Cc 4 E]No Fee
❑soils Report: w/5HWT or General Report
FiCalcufations (signed/seoled)
Deed Restrictions, if subdivided:
*Signed & Notarized Template
"Co ect Tem late Cc
r—![Recorded Covenants
Recorded Plats
Project Narrative
::IUSGS Map
Plans
& HDADI or Dec. Cove
F-150% or more Lots Sold List
Email Address: Design Engineer
Email Address: Property Owner
Deed
Email Address: Lessee
Lease Agreement
Email Address: Purchaser
Purchase Agreement
Email Address: Developer
Email Address: HOA Representative
1:12 Sets Wetlands: Delineated or No Wetlands
Vicinity Map EDPrniect Boundaries
❑'. egend E lLayout (propiosed BUA dimensions]
1:1DA Map: Details (roads, cul-de-sacs, curbs. sidewalks, BMPs. Buildings, etc)
DExistiing 1--onditions D-andscape Plan
Grading IPE seal
REVIIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet
**FOR NEW Projects -Enter New Permit # on
Supplements'& Deed Restiction Templates.
DG:VVQ\\-v?eierenceLiuraey\Procedures\Checkiists\CompieceneshReview Checkiisr_20180 13

East Coast Engineering & Surveying, P.C.
ENGINEERS•PLAN\AERS•SURVEYORS
December 16, 2019
Ms. Georgette D. Scott
Stormwater Supervisor
NCDENR Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Sea Trail Plantation - Village on Royal Post Road
Town of Sunset Beach, North Carolina
Stormwater Permit Number SW8 960124
High Density Stormwater Renewal
Dear Ms. Scott:
RECEIVE
6 2019
BY.
On behalf of our Client, Sunrise Corporate Development Limited, please find enclosed one (1) hard copy
and one (1) electronic copy of each of the following items required for the permit renewal for the subject
project:
• Executed State Stormwater Management Permit Renewal Application Form;
• Master Declaration, Covenants, Conditions & Restrictions;
• Compliance Inspection Report, dated December 30, 2013;
• Existing Stormwater Permit #SW8 960124, dated September 1, 1999; and
• Check #3266 in the amount of $505.00 to cover the required application fee.
LEIn regards to Item 4 & 5 on the required information checklist; it is our understanding per Ms. Dana
Connelly, that during her meeting last week with Ms. Kelly Johnson of your office, that a copy of the
Engineer's Certification and copy of the current greements are not required.
Should you have any questions or require any additional information, please contact our office at your
convenience.
Sincerely,
'•-�
Sabrina B. Babson
Engineering Assistant
]Enclosures
Pc: Dana Connelly, Sea Trail Plantation w/ Enclosures
Ran Zhu, Sea Trail Plantation w/Enclosures
File: 1000.13 (Sea Trail —Village on Royal Post Road)
491E MAIN STREET a POST OFFICE BOX 2469 c SHALLOTTE, NORTH CAROLINA 28459 a TEL: [phone] * Fax: [phone]
FIRM LICENSE NUMBER: C-3014

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
II !! II ii!! ii f Q �j @8 18-201 e
18:38.29.003
PROP
Brunswick County, hlC�egaster �f CCClemmans
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® Document contains seals verified by original
instrument that cannot be reproduced or copied.
AMENDMENT TO CONSOLIDATED MASTER DECLARATION AND DEVELOPMENT
PLAN FOR SEA TRAIL PLANTATION INCLUDING COVENANTS, CONDITIONS AND
RESTRICTIONS
****TO INCLUDE RESTRICTIONS REGARDING STORMWATER BUA (Built -Upon Area)
THIS AMENDMENT TO CONSOLIDATED MASTER DECLARATION AND
DEVELOPMENT PLAN FOR SEA TRAIL PLANTATION INCLUDING COVENANTS,
CONDITIONS AND RESTRICTIONS ("Amendment''D is made this 119 day of:&nt
2018, by SUNRISE CORPORATE DEVELOPMENT HOLDINGS, LLC (Declarant'l.
RECITALS
A. Whereas, Declarant caused to be recorded that certain Consolidated Master Declaration
and Development Plan Including Covenants, Conditions and Restrictions for Sea Trail Plantation dated
December 29, 1989, in Deed Book 793, at Page 82 in the office of the Register of Deeds of Brunswick
County ( "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set
forth in the Declaration, unless otherwise defined herein or the context shall otherwise prohibit.
Prepared by Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Please return to Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Attention: S. Denise Watts/Susan A. Fine, Attorneys

IIIII�I �� 1111111 III 11111111111111111 O6 18_29. @
HE P0037 15�33:29.008
Brunswick County, NC Register of Deeds page 2 o PROP
page 2 of B
B. Whereas, Declarant caused to be recorded the Second Amended Consolidated Master
Declaration and Development Plan for Sea Trail Plantation Including Covenants, Conditions and
Restrictions for Sea Trail Plantation in Deed Book 2520, at Page 93 in the office of the Register of Deeds
of Brunswick County and recorded on December 8, 2006 (as amended and supplemented, "Declaration').
C. Declarant desires to amend the Declaration as set forth herein.
D. An assignment of Declarant Rights dated July 23, 2015, from Sunrise Corporate
Development Limited, a British Virgin Island Company was assigned to Sunrise Corporate Development
I loldings, LLC, and is recorded in Deed Book 3670 at Page 925, of the Brunswick County Register of
Deeds.
E. Pursuant to Article 15.3 of the Declaration, so long as the Declarant owns any of the
Property, Declarant may unilaterally amend the Declaration for any purpose, The Declarant Control
Period has not yet expired, and Declarant still owns Property. Further, Article 15.4 of the Declaration
allowed the Declarant to unilaterally amend the Declaration as it pertained to the Stormwater Run Off
Rules set forth in Section 11.6.
NOW, THEREFORE, Declarant, exercising its right to amend the Declaration and pursuant to
the provisions set forth above, hereby amends the Declaration as follows:
Declaration
Section 11.6, of the Declaration is amended by deleting the Section in its entirety and inserting
the following in lieu thereof.
1. Stormwater Run Off Rules. All Units are subject to the State of North Carolina
rules and regulations concerning stormwater runoff as these rules and regulations may be amended from
time and time. All Units shall be subject to that certain Supplemental Declaration to the Amended
Consolidated Master Declaration and Development Plan for Sea Trail Plantation recorded in Book 1941,
Page 764 of the Brunswick County Register of Deeds, as the same may be amended from time to time,
which is incorporated herein by reference. Without limiting the foregoing, Declarant or its designee,
including the Architectural Review Committee, reserves the right to impose additional restrictions upon
the Property to the extent required by the terms of the Stormwater permit for Sea Trail issued by the State
of North Carolina. Such additional restrictions may be imposed by Declarant by the recording of an
amendment to this Amended Declaration or a supplemental declaration, and no joinder or consent of the
Association or any other Owners, Mortgagee or Person shall be required on such amendment or
supplemental declaration.
2. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Numbers SW8 940226, SW8 040604, SW8 060426, SW8
Prepared by Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Please return to Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Attention: S. Denise Watts/Susan A. Fine, Attorneys

Bpi r&r5q.on*-�IIIRilllili111113lll IIII�II 29 e�Brunswick Caunty,Q Regiser Bren 9 PROP
�� of 6
911202, SW 951108, SW8 980122, SW8 990237, SW8 990730, and SW8 990825, as issued by
the Division of Water Quality under the Stormwater Management Regulations.
A.. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater management permit.
B. These covenants are to run with the land and be binding on all persons and parties
claiming any interest under them.
C. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality.
D. The maximum allowable built -upon area per lot is listed on Abehmebt D, SW8
940226 Sea Trail Master Permit — Deed Restrictions Summary. 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 it 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.
END OF AMENDMENTS
EXCEPT AS AMENDED HEREIN, the Amended Consolidated Master Declaration and
Development Plan Including Covenants, Conditions and Restrictions for Sea Trail Plantation
shall remain in full force and effect.
IN TESTIMONY WHEREOF, the Declarant, pursuant to the authority above recited, has caused this
Amendment to be executed under seal and in such form as to be legally binding all by authority duly
given this the day and year first above written.
SUNRISE CORPORATE DEVELOPMENT HOLDINGS, LLC
By:
Zhenquan Pan, Manager
Prepared by Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Please return to Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Attention: S. Denise Watts/Susan A. Fine, Attorneys

IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII 1829.6
84010 M. morons 29 •PROP Brunswick County, NC Regaster of Deeds page 4 of 6
People's Republic of China)
STATE OF _ Embaea" the Unof ited j SS'
COUNTY OF States of America )
Jay Klm
1, Vice Consul
a Notary Public for said County and State,
do hereby certify that ZHENQUAN PAN, as Ads,
proven by satisfactory evidence, said
evidence being , personally appeared before me this day, and
acknowledged the volunta due a ecution of the foregoing instrument by he/4heAhm for the
purposes stated therein and in the capacity so indicated.
WITNESS my hand and notarial seal, this , day oft 4 f UN 201Q 201
PT CO
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Notary t W " an Einbasay
Beijing, People'sMpuU11C 5t Chi
My Commission Expires ESIDENTIAL COMMISSIONS DO QT EXPIRE
Prepares! by Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Please return to Watts Law Group PLLC, 4617 Main Street, Shallotte, North Carolina 28470
Attention: S. Denise Watts/Susan A. Fine, Attorneys

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��lllll�llllllllll III III IN 111111111RE12 06 22.0
i goh 12.001
Brunswick County, NC Register of Deeds page 1 of 58
SECOND AMENDED CONSOLIDATED
MASTER DECLARATION AND DEVELOPMENT PLAN
FOR
SEA TRAIL PLANTATION
INCLUDING
COVENANTS, CONDITIONS AND RESTRICTIONS
PREPARED BY: MUR.CMSON, TAYLOR, & Gimsm, PLLC
16 NORTH FAA STREET
Wn mvGToN, NC 28401
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY
OF THE FLAG OF THE UNITED STATES OF AMERICA
OR STATE OF NORTH CAROLINA AND POLITICAL SIGNS.
54782.6

IIIIIIIIIIIIIIIIIIIIIIlIIIIiIIIIII�IIRobinson120e 22.0
8�5Z0 ,z.0®,
Brunswick County, NC Register of Deeds page 2 of 58
TABLE OF CONTENTS
Page
Article1
Definitions........................................................................................................4
Article 2
Property Rights...............................................................................................8
Article 3
Association Function, Membership, and Voting Rights ..............................9
Article 4
Rights and Obligations of the Association..................................................11
Article5
Maintenance..................................................................................................14
Article 6
Insurance and Casualty Losses....................................................................16
Article7
Subdivision....................................................................................................19
Article 8
Annexation and Withdrawal of Property...................................................19
Article9
Assessments...................................................................................................20
Article 10
Design Guidelines..........................................................................................25
Article 11
Use Guidelines and Restrictions..................................................................29
Article 12
Easements......................................................................................................36
Article 13
Mortgagee Provisions...................................................................................40
Article 14
Declarant's Rights........................................................................................40
Article 15
Duration, Amendment, and Termination...................................................41
Article 16
Enforcement..................................................................................................42
Article17
General Provisions........................................................................................43
TABLE OF EXHIBITS
Exhibit
Subiect Matter
Page
"A"
The Property
47
"B"
Future Development Property
48
"C"
Villages
58
54782.6 2

III! II IIIllllllllf !!! II f llllf III I! Ilf 02520 R0095 132-09-2006
.2a: 12.001
Brunswick County, NC Register of Deeds Robinson
Pape 3 of 58
THIS SECOND AMENDED CONSOLIDATED MASTER DECLARATION AND
DEVELOPMENT PLAN FOR SEA TRAIL PLANTATION (herein sometimes called the
"Protective Covenants" or the "Second Amended Declaration" or the "Amended Declaration's is
made this QXL-4 day of Noye.m6gor , 2006 by SEA TRAIL CORPORATJON, a North
Carolina corporation (herein called the "Declarant').
WITNESSETH
WHEREAS, the Declarant has previously recorded the Amended Consolidated Master
Declaration and Development Plan Including Covenants, Conditions and Restrictions for Sea
Trail Plantation dated December 29, 1989, recorded in Book 793, Page 82, Brunswick County
Registry (herein, "First Amended Declaration"); and
WHEREAS, in accordance with Article X, Section 4 of the First Amended Declaration,
the Declarant has the right to amend the First Amended Declaration; and
WHEREAS, the Declarant desires to amend, restate, replace and supersede the First
Amended Declaration as provided herein; and
WHEREAS, Declarant, as the owner of the real property described in Exhibit A and
Exhibit B. attached hercto and incorporated herein by reference, has established a general plan
of development for the planned community known as Sea Trail Plantation. The Amended
Declaration (as defined in Section 1.1) provides a flexible and reasonable procedure for Sea Trail
Plantation's future expansion and provides for its overall development, administration,
maintenance and preservation. An integral part of the development plan is the creation of the Sea
Trail Plantation Master Association, Inc., an association comprised of all owners of real property
in Sea Trail Plantation, to own, operate and/or maintain various common areas and community
improvements and to administer and enforce the Amended Declaration and the other Governing
Documents referenced in this Declaration; and
WHEREAS, all property described in Exhibit and any additional property which is
made a part of Sea Trail Plantation in the future, as provided in Article 8, shall be owned,
conveyed and used subject to all of the provisions of the Amended Declaration and any
applicable supplemental declaration, which small run with the title to such property. The
Amended Declaration and any applicable supplemental declaration, shall be binding upon all
persons having any right, title, or interest in any portion of the Subdivision, their heirs, personal
representatives, successors and assigns; and
WHEREAS, the Governing Documents apply to all Owners and occupants of property
within the planned community, as well as to their respective tenants, guests and invitees. If a
Dwelling Unit is leased, the lease shall provide that the tenant and all occupants of the leased
Dwelling Unit are bound by and obligated to comply with the Governing Documents.
NOW, THEREFORE, in accordance with Article -X, Section 4 of the First Amended
Declaration, the Declarant hereby amends, restates, replaces and supersedes the First Amended
Declaration with this Second Amended Consolidated Master Declaration and Development Plan
for Sea Trail Plantation; and the Declarant declares that the Property subject to these Protective
54782.6
3

Ill11lllillllllllllllllll�lllilllllil ����� P0�9� 12_08.2006
Robert .T. Robi son �2.001
Brunswick County, NC Register of Deeds page 4 of 58
Covenants shall be held, transferred, sold, conveyed, and occupied subject to the covenants,
restrictions, conditions, and easements hereinafter set forth.
ARTICLE 1
The terms used in these Protective Covenants shall generally be given their
natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be
defined as set forth below.
1.1 "Amended Declaration": this Second Amended Consolidated Master Declaration
and Development Plan for Sea Trail Plantation, which amends, replaces and supersedes the First
Amended Declaration, and any other amendments and supplemental declarations for Sea Trail
Plantation which may have heretofore been recorded or may hereafter be recorded.
1.2 "Articles of Incorporation" or "Articles": the Articles of Incorporation of Sea
Trail Plantation Master Association, Inc., as filed with the North Carolina Secretary of State, and
as may be amended from time to time.
1.3 "Association": Sea Trail Plantation Master Association, Inc., a North Carolina
nonprofit corporation, its successors and assigns formed or to be formed by the Declarant as a
property owners association for Owners (as defined in Section 1.25) in the Residential
Community, all of whom shall be members of the Association.
1.4 "Board of Directors" or "Board": the board governing the Association and
managing the affairs of the Association.
1.5 `Business" and/or "Trade": shall be construed to have their ordinary, generally
accepted meanings and shall include, without limitation, any occupation, work or activity
undertaken on an ongoing basis which involves the provision of goods or services to persons
other than the provider's family and for which the provider receives a fee, compensation, or other
form of consideration.
1.6 "BY Laws": the By -Laws of Sea Trail Plantation Master Association, Inc., as
they may be modified or amended from time to time.
1.7 "Class `B" Control Period": the period of time during which the Class `B"
Member is entitled to appoint a majority of the members of the Board of Directors as provided in
Section 3.3.
1.8 "Commercial Property': shall mean any property located within Sea Trail
Plantation that is devoted primarily to the carrying on of a Business or 'Trade.
herein.
19 "Committee": the Architectural Review Committee, as described in Article 10
1.10 "Common Area(s)" and/or "Common Elementfs)": all real and personal property:
54782.6 4

II�IIIIIIIIlIIIIII II! II I II�II I III III B� p��9� 12-2-220e
Robert J. 13:29:12,001
n
Brunswick County, NC Register of Deeds page 5 5$
(a) Designated and shown on a plat that is recorded in the land records of
Brunswick County, North Carolina; and/or,
(b) Owned or leased by the Association for the common use and enjoyment of
the Members; and/or,
(c) Owned or leased by Declarant for the benefit of the Association; and such
real property includes for example, but not by way of limitation, roads, driveways, walkways,
any rights -of way reserved to the Association, drainage easements, open spaces both landscaped
and natural, lakes, ponds, and lagoons.
1.11 "Common Expenses": the actual and estimated expenses incurred or anticipated
to be incurred by the Association for the general benefit of all Units, including any reasonable
reserve and actual and estimated expenses of maintaining and operating the Common Areas,
conservation and buffer areas, and landscaped areas within road right of ways, as the Board may
find necessary and appropriate pursuant to these Protective Covenants the By -Laws, and the
Articles of Incorporation, including the following:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of administration, maintenance, repair or replacement of the
Common Areas and the storm water system;
(c) Expenses declared to be Common Expenses by the provisions of these
Protective Covenants or the By -Laws;
(d) Expenses agreed by the members to be Common Expenses of the
Association;
(e) Any ad valorem taxes and public assessments levied against the Common
Area; and
(f) Any expenses assessed against the Properties or payable by the
Association pursuant to the Master Cross -Access Easement.
Common Expenses shall not include any expenses incurred during the Class "B" Control
Period for initial development, original construction, installation of infrastructure, original
capital improvements, or other original construction costs unless approved by Voting Members
representing a majority of the total Class "A" vote of the Association.
1.12 "Communi -Wide Standard": the standard of conduct, maintenance, or other
activity generally prevailing throughout the Residential Community. Such standard may be
more specifically determined by the Board of Directors and the Architectural Review
Committee.
1.13 "Declarant": Sea Trail Corporation, a North Carolina corporation, together with
such successors or assigns of Declarant, which successors or assigns should acquire more than
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one undeveloped Unit from the Declarant for the purpose of development and are specifically
assigned Declarant's rights hereunder.
1.14 "Desigg Guidelines": the architectural design guidelines and procedures set forth
in Article 10 herein or adopted by the Architectural Review Committee pursuant to Article 10
and applicable to all Units within the Properties.
1.15 "Future Development Property": any portion of the real property described on
Exhibit B attached hereto and incorporated herein by reference. The Future Development
Property consists of the entire Sea Trail Plantation that has not been brought under the
jurisdiction of the Amended Declaration. Portions of the Future Development Property may not
be subject to these Protective Covenants and may be developed as the Sea Trail Commercial
Property, in which case it will be subject to the Sea Trail Commercial Covenants and the Master
Cross -Access Easement and Maintenance Agreement for Sea Trail described herein, or it may be
developed in any other manner, or it may not be developed at all. Sea Trail Plantation and Sea
Trail Commercial Property will be developed according to any applicable zoning classifications
established by the Town of Sunset Beach.
1.16 "Governing Documents": consist of the following, as they may be amended or
modified from time to time: the Amended Declaration, the Articles of Incorporation, the By -
Laws, any Supplemental Declarations, the Design Guidelines, the Rules and Regulations, Board
resolutions, and recorded plats of the Property.
1.17 "Individual Assessment": assessments levied in accordance with Section 9.6 of
these Protective Covenants.
1.18 "Limited Common Area(s)" or "Limited Common Elements)': portions of the
Common Area which the Association or Declarant has designated for the common use and
enjoyment of more than one, but less than all, of the Members (including, without limitation,
Common Area intended to benefit a particular Village or Villages).
1.19 "Master Association Assessment": assessments levied on all Units subject to
assessment under Article 9 to fund Common Expenses for the general benefit of all Units.
1.20 "Master Cross -Access Easement": that certain Master Cross -Access Easement
and Maintenance Agreement for Sea Trail which may be recorded and which may encumber the
Residential Community and the Commercial Property.
1.21 "Member": a Person entitled to membership in the Association, as provided in
Section 3.2.
1.22 "Mortgage": a mortgage, a deed of trust, a deed to secure debt, or any other form
of security deed.
1.23 "Mortgagee': a beneficiary or holder of a Mortgage.
1.24 "Mortgagor': any Person who gives a Mortgage.
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1.25 "Owner": the record owner, whether one or more persons or entities, of a fee
simple title to any Unit which is a part of the Properties, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation.
1.26 "Person": a natural person, a corporation, a partnership or limited partnership, a
limited liability company or partnership, a trustee, association, or any other legal entity.
1.27 "Planned Community Act": the North Carolina Planned Community Act
,N.C.C.S. §47F-1-101 et seq.), as same maybe amended from time to time.
1.28 "Property" or "Pro 'es" or "Real Property": the real property described in
Exhibit A, which has been brought within the jurisdiction of the Association, together with any
such additions thereto, including, without limitation, portions of the Future Development
Property as may hereafter be brought within the jurisdiction of the Association by the filing of a
Supplemental Declaration (but such additions shall not be brought within the jurisdiction of the
Association or subject to the Amended Declaration unless such Supplemental Declaration is
filed).
1.29 "Protective Covenants": shall mean this instrument as it may from time to time be
amended or supplemented.
1.30 "Residential Community": the residential development created or to be created
on the Property.
1.31 "Rules and Regulations": the rules and regulations adopted by the Board
governing land use, individual conduct, uses or actions upon the Property, as they may be
amended from time to time.
1.32 "Sea Trail": the development created or to be created on the Properties, together
with any development on the Commercial Property.
1.33 "Service Assessment": assessments levied in accordance with Section 9.13 of
these Protective Covenants.
1.34 "Special Assessment": assessments levied in accordance with Section 9.5 of
these Protective Covenants.
1.35 "Sup�►lemental Declaration": an amendment or supplement to these Protective
Covenants filed pursuant to Article 8 which subjects additional property to these Protective
Covenants and/or imposes, expressly or by reference, changes to or additional restrictions and
obligations on the land described therein.
1.36 "Unit" or "Dwelling Unit": a portion of the Properties, whether improved or
unimproved, which may be independently owned and conveyed and which is intended for
development, use, and occupancy as an attached or detached residence for a single family. The
term shall refer to the land, if any, which is part of the Unit as well as any improvements thereon.
The term shall include, by way of illustration but not limitation, condominium units, townhouse
units, cluster homes, patio or zero lot line homes, single-family detached houses on separately
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platted lots, and single family residential lots, as well as vacant common property of any Village
Association, or property dedicated to the public.
1.37 "Villa e": two or more Units which share interests other than those common to
all Units, as more particularly described in Section 3.4. By way of illustration and not limitation,
a condominium development, townhome development, patio home development, cluster home
development, or single-family detached housing development might each be designated by the
Declarant or the Association as separate Villages, or a Village may be comprised of more than
one housing type with other features in common. A Village may also be referred to as a "Gate"
or "Parcel" or "Neighborhood."
Where the context permits or requires, the term "Village" shall also refer to the Village
Committee, if any, established in accordance with the By -Laws, or the Village Association
established to act on behalf of the Owners of Units within the Village. Village boundaries may
be established and modified as provided in Section 3.4.
1.38 "Village Assessments": assessments levied by the Association against the Units
in particular Village or Villages to fund Village Expenses as described in Article 9.
1.39 "Village Association": any condominium association or other owners association
having jurisdiction over any Village, as provided in Section 3.4.
1.40 "Village Declaration": a declaration created in compliance with the Planned
Community Act (or the North Carolina Condominium Act [N.C.G.S. §47C-1-101 et seq.], as the
case may be), the Governing Documents, and Section 3.4 herein encumbering and restricting a
Village within the Residential Community.
1.41 "Village Expenses": the actual and estimated expenses incurred or anticipated to
be incurred by the Association for the benefit of the Owners and occupants of Units within a
particular Village or Villages, which may include a reasonable reserve for capital repairs and
replacements, as the Board may specifically authorize and as may be authorized herein or in
Supplemental Declarations applicable to the Villages.
ARTICLE 2
2.1 Rights of Owners. Every Owner shall have a right and nonexclusive easement
of use, access, and enjoyment in and to the Common Area, and for ingress and egress to and
from the Common Area, which shall be appurtenant to and pass with the title to every Unit,
subject to the following provisions:
(a) The Governing Documents;
(b) Any restrictions or limitations contained in any deed conveying any
portion of the Common Area to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of
the Common Area and improvements thereon, including rules restricting use of the recreational
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facilities within the Common Area to Owners and occupants of Units and their guests, and rules
limiting the number of guests who may use the Common Area; and the right of the Board to
establish penalties for any infractions thereof;
(d) The right of the Board to impose reasonable charges and fines for late
payment of assessments; and after notice and a hearing, to suspend the voting rights and the right
to use the Common Areas and the recreational facilities within the Common Area by an Owner
(i) for any period during which any assessment or charge against such Owner's Unit has
remained unpaid for more than thirty (30) days, and (ii) for a period not to exceed sixty (60) days
for a single violation of the Governing Documents (other than a failure to pay any assessments or
charges due), and (iii) for any period longer than thirty (30) days in the case of any continuing
violation of the Governing Documents;
(e) The right of the Association, acting through the Board, to dedicate or
transfer all or any part of the Common Area pursuant to Section 4.7;
(f) The right of the Association, acting through the Board, to mortgage,
pledge, or hypothecate any or all of its real or personal property as security for money borrowed
or debts incurred, subject to the approval requirements set forth herein, provided that the rights
of any such Mortgagees in said properties shall be subordinate to the rights of the Unit Owners
hereunder; and
(g) Easements as provided in Article 12.
2.2 Assignment of Right of Use. Any Owner may extend his or her right of use and
enjoyment to the members of his or her family, lessees, contract purchasers and social invitees,
subject to reasonable Board regulation. An Owner who leases his or her Unit shall be deemed to
have assigned all such rights to the lessee of such Unit for the duration of the lease and any such
lessee shall abide by all the restrictions contained herein. Any such lease shall not release the
owner from his liability for damage to the Common Area caused by said lessee.
ARTICILE 3
ASSOCIATION FUNCTION MEMBERSHIP AND VOTING RIGHTS
3.1 Function of Association. The Association shall be the entity responsible for
management, maintenance, ownership, operation, and control of the Common Area owned or
leased by the Association within the Properties. The Association shall be the primary entity
responsible for enforcement of these Protective Covenants and such reasonable rules regulating
use of the Common Areas owned or leased by the Association and the Property as the Board may
adopt. The Association shall also be responsible for administering and enforcing the
architectural design guidelines and controls set forth in these Protective Covenants and in the
Design Guidelines. The Association shall perform its functions in accordance with these
Protective Covenants, the By -Laws, the Articles and applicable North Carolina law.
3.2 Membership. Every Owner shall be a Member of the Association. There shall be
only one membership per Unit. If a Unit is owned by more than one Person, all co -Owners shall
share the privileges of that membership. The membership rights of an Owner which is a
corporation, partnership or other legal entity may be exercised by any officer, director, partner,
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or trustee, or by any other individual designated from time to time by the Owner in a written
instrument provided to the Secretary of the Association, provided that only one person (and such
person's immediate family members with respect to membership rights other than voting) may
be designated to act in such capacity for such an Owner at any particular time.
3.3 Voting. The Association shall have two classes of membership, Class "A" and
Class `B".
(a) Class "A". Class "A" Members shall be all Owners of Units except the
Class `B" Member, if any. Class "A" Members shall have one vote for each Unit in which they
hold the interest required for membership under Section 3.2; there shall be only one vote per
Unit.
(b) Class "B". The sole Class "B" Member shall be the Declarant. The rights
of the Class `B" Member, including the right to approve or withhold approval of actions
proposed under these Protective Covenants and the By -Laws, are specified elsewhere in the
Protective Covenants and the By -Laws. The Class "B" Member may appoint the members of the
Board during the Class `B" Control Period, as specified herein. After termination of the Class
`B" Control Period, the members of the Board shall be selected as provided in the By -Laws.
During the Class `B" Control Period, the Class `B" Member shall be entitled to
three (3) votes for each platted Unit and three (3) votes for each planned but currently unplatted
Unit in the Residential Community. The total number of platted and planned but currently
unplatted Units in the Residential Community is currently five thousand (5000), although the
actual number of Units may be more or less, and the Class `B" Member makes no representation
whatsoever regarding the actual number of Units to be included in the Residential Community.
The Class "B" Control Period shall terminate and the Class `B" membership shall cease and be
converted to Class "A" membership on the happening of the following events, whichever occurs
earliest:
(i) When the Declarant owns less than twenty (20) Units in the
Residential Community, regardless of whether said Units are platted or planned but
currently unplatted, including any of the Future Development Property, regardless of
whether said Future Development Property has been annexed thereto, as herein provided,
or
(ii) On January 1, 2024, or
(iii) When, in its reasonable and sole discretion, Declarant so
determines that termination of the Class `B" Control Period would be in the best interest
of Sea Trail, the Association, and the Declarant, and upon Declarant's declaration of the
same which shall be recorded in the Office of the Register of Deeds of Brunswick
County.
(c) Exercise of Voting Rights. In any situation in which a Member is entitled
personally to exercise the vote for his or her Unit and there is more than one Owner of a
particular Unit, the vote for such Unit shall be exercised as such Co -Owners determine among
themselves and advise the Secretary of the Association in writing at least ten (10) business days
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prior to any meeting. Absent such advice, the Unit's vote shall be suspended if more than one
Person seeks to exercise it.
3.4 ViIlaaes and Village Associations. In order to allow a flexible mechanism for the
orderly development of the Residential Community, the Declarant may (but shall have no
obligation to) divide the Residential Community into distinct Villages to account for varying
standards, restrictions, uses and maintenance issues within the development. The Villages which
have previously been created as of the date of this Amended Declaration are described in
Exhibit C, attached hereto and incorporated by reference.
In the event Declarant elects to form one or more Villages within the Residential
Community, Delcarant shall have the right, in its discretion to assign and/or allocated Limited
Common Area responsibility to such Village. If any additional Villages are created, a Village
Association shall be formed and a Village Declaration and/or a Supplemental Declaration shall
be filed relative to such property (which Village Declaration shall be subject in all respects to
these Governing Documents). The Village Declaration may, but need not, subject Units within a
particular Village to covenants in addition to the covenants provided in this Amended
Declaration. If a Village is or has been created, each owner of a Unit within such Village shall
become a member of that Owner's respective Village Association in addition to being a Member
of the Association. No Village Declaration shall be binding upon or applicable to any of the
Properties unless approved in writing by Declarant (during the Class `B" Control Period) or the
Association (upon the termination of the Class `B" period). The Articles of Incorporation and
By --Laws of any Village Association shall require the prior written approval of the Declarant or
the Association, as provided in the immediately preceding sentence.
Declarant shall also be entitled to initially assign any of the Properties to a specific
Village by name. In order to insure that all Villages in the Residential Community will be
consistent with the general or common scheme of development, the Declarant may unilaterally
amend these Protective Covenants, by Supplemental Declaration, to designate and/or redesignate
Village boundaries; provided, however, two (2) or more Villages shall not be combined without
the consent of Owners of a majority of the Units in the affected Villages. The Articles of
Incorporation and By -Laws of any Village Association shall require the prior written approval of
the Declarant.
In the event that any Village is subject to additional covenants, restrictions, governing
documents or policies which are more restrictive than this Amended Declaration, the more
restrictive (as to the Village Owners) shall control. The Association may, but shall not be
required to, enforce any neighborhood association covenants, restrictions or other policies
applicable to any Village.
ARTICLE 4
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Common Area. The Association, subject to the rights of the Owners set forth in
these Protective Covenants, shall manage and control the Common Area and all improvements
thereon (as defined in other sections herein including, without limitation, roads, road rights of
way, recreation pathways, decks, docks, boardwalks, lighting, irrigation, furnishings, equipment,
and common landscaped areas), and shall keep it and them in good repair and in a clean,
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attractive and sanitary condition consistent with these Protective Covenants and the Community -
Wide Standard.
4.2 Personal Property and Real Property for Common Use. The Association may
acquire, hold, and dispose of tangible and intangible personal property and real property.
Declarant may convey to the Association improved or unimproved real estate located within the
Residential Community, personal property and leasehold and other property interests. Such
property shall be accepted by the Association and thereafter shall be maintained as Common
Area by the Association at its expense for the benefit of its Members, subject to any restrictions
set forth herein and in the deed.
4.3 Rules and Regulations. The Association, through its Board, may make, revoke,
amend and enforce reasonable rules governing the use of the Properties, in addition to further
defining, and, where specifically authorized hereunder, creating exceptions to, those covenants
and restrictions set forth in these Protective Covenants. Such rules shall be binding upon all
Owners, occupants, invitees, lessees, guests and licensees.
4.4 Enforcement. Subject to the provisions of the Planned Community Act, the
Association may impose sanctions for violations of these Protective Covenants, the By -Laws, or
Rules and Regulations, including reasonable monetary fines and suspension of the right to vote
and to use any recreational facilities within the Common Area. In addition, the Association may
exercise self-help to cure violations, and upon notice and hearing as provided in the Planned
Community Act, may suspend any services it provides to the Unit of any Owner who is more
than 30 days delinquent in paying any assessment or other charge due to the Association. The
Board may seek relief in any court for violations or to abate nuisances. The Board may assess
the reasonable monetary fines authorized by this Section as an Individual Assessment authorized
by ARTICLE 9 of these Protective Covenants.
4.5 Implied Rights, Board Authority. The Association may exercise any other right
or privilege given to it expressly by these Protective Covenants, the By -Laws, the Planned
Community Act, or Chapter 55A of the North Carolina General Statutes, or reasonably implied
from or reasonably necessary to effectuate any such right or privilege. Except as otherwise
specifically provided in these Protective Covenants, the By -Laws, Articles, all rights and powers
of the Association may be exercised by the Board without a vote of the membership.
4.6 Indemnification. To the maximum extent allowed by North Carolina law, the
Association shall indemnify every officer, director, and committee member against all expenses,
including counsel fees, reasonably incurred in connection with any action, suit, or other
proceeding (including settlement of any suit or proceeding, if approved by the Board incumbent
at the time of such settlement) to which he or she may be party by reason of being or having been
an officer, director or committee member. The Association shall, as a Common Expense,
maintain adequate general liability and officers' and directors' liability insurance to fund this
obligation, if such insurance is reasonably available.
4.7 Dedication of Common Areas. The Association may dedicate portions of the
Common Areas to any local, state, or federal governmental entity, public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed to by the Association.
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4.8 Security. The Association may, but shall not be obligated to, maintain or support
certain activities within the Properties designed to make the Properties safer than they otherwise
might be. NEITHER THE ASSOCIATION NOR THE Declarant (OR ANY SUCCESSOR TO
Declarant) SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF
SECURITY WITHIN THE PROPERTIES. NOR SHALL ANY OF THEM BE HELD LIABLE
FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE
SECURITY OR OF INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN.
EACH PERSON USING THE PROPERTIES ASSUMES ALL RISKS FOR LOSS OR
DAMAGE TO PERSONS, TO UNITS AND TO THE CONTENTS OF UNITS RESULTING
FROM ACTS OF THIRD PARTIES.
4.9 Powers of the Association Relating to Villages. The Association shall have the
power to veto any action taken or contemplated to be taken by any Village Association which the
Board reasonably determines to be adverse to the interests of the Association or its Members or
inconsistent with the Community -Wide Standard. The Association also shall have the power to
require specific action to be taken by any Village Association in connection with any of the
Village Association's obligations and responsibilities. Without limiting the generality of the
foregoing, the Association may (a) require specific mamtenance or repairs or aesthetic changes
to be effectuated by the Village Association, (b) require that a proposed budget include certain
items and that specific expenditures be made, and (c) require the Village Association to ensure
its members' compliance with all Governing Documents.
Any action required by the Association in a written notice pursuant to the foregoing
Paragraph to be taken by a Village Association shall be taken within the reasonable time frame
set by the Association in such writum notice. If the Village Association fails to comply with the
requirements set forth in such written notice, the Association shall have the right to effect such
action on behalf of the Village Association.
To cover the Association's administrative expenses in connection with the foregoing and
to discourage failure to comply with the requirements of the Association, the Association shall
assess the Units in such Village for their pro rata share of any expenses incurred by the
Association it taking such action in the manner provided in Section 9.6. Such assessments may
be collected as an Individual Assessment hereunder and shall be subject to all lien rights
provided for herein.
4.10 Management and Administration. The management and administration of the
Association Common Areas and Amenities shall be the sole right and responsibility of the
Association. The management shall be carried out in accordance with the terms and conditions
Of these Protective Covenants, the Articles, By -Laws and Rules and Regulations, but they may
be delegated to a manager(s) or a management service.
4.11 Assigpmerd to Association. Declarant shall be entitled to assign all water, sewer,
land use, stormwhter system and utility permits, agreements and easements between Declarant
and any governmental agency or department or public or private utility company to the
Association, in which case the Association shall be required to assume same. After such an
assignment, the Association shalt be responsible for and assume all duties, obligations, and rights
and privileges of the Declarant under such permits, agreements and easements, including all
maintenance responsibility, even if part of the water, sewer, land use, storm water system or
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utility areas covered by the permits, agreements and easements are not located within the
Properties.
4.12 Common Area. The Common Area cannot be mortgaged, conveyed or
encumbered without the consent of eighty percent (80%) of the Unit Owners. During the Class
"B" Control Period, any such mortgage, conveyance or encumbrance shall also require the
consent of Declarant.
ARTICLE 5
MAINTENANCE
5.1 Association's Responsibility. The Association shall maintain and keep in good
repair the Common Area, which may include, but need not be limited to:
(a) All landscaping and other flora, parks, and signage for the Residential
Community situated upon the Common Area; structures and improvements situated upon the
Common Area, including any private streets and rights of way and islands within their streets
and cul-de-sacs; bicycle and pedestrian pathways and trails situated upon the Common Area;
ponds, lakes, drainways, recreation pathways within or upon the Common Area; the entrance to
the Residential Community; the two main entrances to Sea Trail from Highway 179 and from
Georgetown Road (including 500 foot approaches to such main entrance plaza in both directions
on or along Highway 179 and Georgetown Road) (provided that maintenance of such main
entrance and adjacent areas may be shared by owners of the Commercial Property and/or other
developments in the area, in which case the Association shall be responsible for its allotted share
or portion of such maintenance); the right of way on the side of the approach to the entrance to
the Residential Community running from the main entrances to Sea Trail from Highway 179 and
from Georgetown Road to the entrance to the Residential Community; any other areas
designated as Common Area or Limited Common Area by Declarant, excepting any real or
personal property for which a Village Association or some entity other than the Association has
expressly assumed responsibility;
(b) All pools, tennis courts, clubhouses and other amenities constituting a
portion of the Common Area, excepting any real or personal property for which a Village
Association or some other entity has expressly assumed responsibility;
(c) Common Area or Limited Common Area within any Village which may
be repaired or maintained by the Association in the Association's sole discretion either by
agreement with the Village or because, in the opinion of the Board, the level and quality of
service then being provided is not consistent with the Community -Wide Standard. All costs of
maintenance pursuant to this paragraph shall be assessed as an Individual Assessment only
against the Units within the Village to which the services are provided. The provision of
services in accordance with this Section shall not constitute discrimination within a class. The
Association also has the authority to take appropriate legal action to require the responsible
Village to comply with the provisions of these Protective Covenants, the Articles, By -Laws and
Rules and Regulations adopted hereunder; and
(d) Any other Common Area designated by the Board or the Declarant from
time to time in a Supplemental Declaration or on a recorded plat.
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5.2 Owner's Responsibility. Each Owner shall maintain his or her Unit and all
structures, landscaping, parking areas, and other improvements comprising the Unit in a manner
consistent with the Community -Wide Standard and all applicable covenants, unless such
maintenance responsibility is otherwise assumed by or assigned to the Association or a Village
pursuant to the Supplemental Declaration or other Declaration of Protective Covenants
applicable to such Unit. As to Units which abut a watercourse or body of water, it shall be the
responsibility of each Owner to maintain, in a manner consistent with the Community -Wide
Standard and these Protective Covenants, any area lying between the boundary or lot line of such
Unit and the waterline of such watercourse or body of water (as such waterline may fluctuate
from time to time). Any fencing which is not maintained by the Association or a Village
Association shall be maintained and kept in good condition and repair by the Owner of the Unit
on which such fencing is located (at such Owner's cost and expense). In addition to any other
enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility,
the Association may, but is not required to, perform such maintenance responsibility and assess
all costs incurred by the Association against the Unit and the Owner in accordance with Section
9.6. The Association shall afford the Owner reasonable notice and an opportunity to cure the
problem prior to entry, except when entry is required due to an emergency situation, as such
situation may be reasonably determined by the Association.
5.3 Maintenance of Units. Each Owner shall maintain his or her Unit and all
landscaping and improvements comprising the Unit in a manner consistent with the Community -
Wide Standard and these Governing Documents, unless such maintenance responsibility is
otherwise msumed by or assigned to the Association or a Village pursuant to any Supplemental
Declaration or other declaration of covenants applicable to such Unit. If, in the opinion of the
Association, any Owner shall fail to maintain any Unit owned by him in a manner which is
reasonably neat and orderly and as is required by Article 11 herein or shall fail to keep
improvements constructed thereon in a state of repair so as not to be unsightly, all in the sole
opinion of the Association, the Association in its discretion, by the affirmative vote of a majority
of the members of the Board of Directors, and following ten (10) days written notice to Owner,
may enter upon and make or cause to be made repairs to such improvements and perform such
maintenance on the Unit as the removal of trash, cutting of grass, pruning of shrubbery, weeding
and items of erosion control. The Association shall have an easement for the purpose of
accomplishing the foregoing, as provided in Article 12. The reasonable cost incurred by the
Association in rendering all such services, plus a service charge of fifteen percent (15%) of such
cost, shall be added to and become an Individual Assessment to which such Unit is subject as
provided in Article 9 herein.
5.4 Village's Responsibility.
(a) Upon Board resolution, the Owners of Units within each Village shall be
responsible for paying, through assessments levied by the Village Association or the Association
(as the case may be), the costs of operating, maintaining and insuring certain Limited Common
Areas within or adjacent to such Village.
(b) Any Village Association having any responsibility for exterior
maintenance of property and/or landscaping within such Village shall perform such maintenance
responsibility in a manner consistent with the Community -Wide Standard. If it fails to do so, the
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Association may, but is not required to, perform such responsibilities and assess the costs against
all Units within such Village as provided in Section 9.6.
(c) Upon Board resolution, any Village may provide lawn maintenance to and
for areas outside a Village boundary, pursuant to contract between the Village and the respective
area's Owner.
5.5 Standard of Performance. Maintenance, as used in this Article, shall include,
without limitation, repair and replacement as needed, as well as other duties, as the Board may
determine necessary or appropriate to satisfy the Community -Wide Standard. All maintenance
shall be performed in a manner consistent with the Community -Wide Standard and all applicable
covenants.
ARTICLE 6
INSURANCE AND CASUALTY LOSSES
6.1 Required Coverage. The Association, acting through its Board or its duly
authorized agent, shall obtain and continue in effect the following types of insurance, if
reasonably available, or if not reasonably available, the most nearly equivalent coverage as are
reasonably available:
(a) Blanket property insurance covering "risks of direct physical loss" on a
"special form" basis (or comparable coverage by whatever name denominated) for all insurable
improvements on the Common Area in the event of a casualty, regardless of ownership. If such
coverage is not generally available at reasonable cost, then "broad form" coverage may be
substituted. All property insurance policies obtained by the Association shall have policy limits
sufficient to cover the full replacement cost of the insured improvements under current building
ordinances and codes;
(b) Commercial general liability insurance on the Common Areas, insuring
the Association and its Members for damage or injury caused by the negligence of the
Association or any of its Members, employees, agents, or contractors while acting on its behalf.
If generally available at reasonable cost, such coverage (including primary and any umbrella
coverage) shall have a limit of at least $1,000,000.00 per occurrence with respect to bodily
injury, personal injury, and property damage; provided, if additional coverage and higher limits
are available at reasonable cost which a reasonably prudent person would obtain, the Association
shall obtain such additional coverage or limits;
(c) Workers compensation insurance and employers liability insurance, if and
to the extent required by law;
(d) Directors and officers liability coverage;
(e) Commercial crime insurance, including fidelity insurance covering all
Persons responsible for handling Association funds in an amount determined in the Board's
business judgment, but not less than an amount equal to a minimum of one -quarter of the annual
Master Association Assessments on all Lots and Dwelling Units, plus one -quarter of the reserves
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on hand. Fidelity insurance policies shall contain a waiver of all defenses based upon the
exclusion of Persons serving without compensation; and
(f) Such additional insurance as the Board, in the exercise of its business
judgment, determines advisable.
6.2 Premiums. Premiums for all insurance on the Common Areas shall be Common
Expenses, except that (i) premiums for property insurance on Dwelling Units within a Gate or
Parcel shall be an expense of the benefited Dwelling Units only; and (ii) premiums for insurance
on Limited Common Areas shall be expenses of the Lots or Dwelling Units to which such
Limited Common Areas are assigned, unless the Board reasonably determines that other
treatment of the premiums is more appropriate.
6.3 Policy Requirements. All insurance coverage obtained by the Board shall comply
with the following requirements, unless the Board, in the exercise of its fiduciary responsibility,
determines that a particular requirement should be waived:
(a) The Association shall arrange for an annual review of the sufficiency of its
insurance coverage by one or more qualified Persons, at least one of whom must be familiar with
insurable replacement costs in the area. All Association policies shall provide for a certificate of
insurance to be furnished to the Association and, upon request, to each Member insured.
(b) The policies may contain a reasonable deductible and the amount thereof
shall not be subtracted from the face amount of the policy in determining whether the policy
limits satisfy the requirements of Section 6.3(a). In the event of an insured loss, the deductible
shall be treated as a Common Expense or a Village Expense in the same manner as the premiums
for the applicable insurance coverage. However, if the Board reasonably determines, after notice
and an opportunity to be heard in accordance with the By -Laws, that the loss is the result of the
negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then
the Board may assess the full amount of such deductible against such Owner(s) and their Units as
an Individual Assessment.
(c) Policies shall be written with a company that carries a Best's rating of
"A+" with at least a ten (10) financial rating;
(d) Policies shall be written in the name of the Association as trustee for the
benefited parties. Policies on the Common Areas shall be for the benefit of the Association and
its Members. Policies secured on behalf of a Village shall be for the benefit of the Owners within
the Village and their Mortgagees, as their interests may appear;
(e) Policies shall not be brought into contribution with insurance purchased by
Owners, occupants, or their Mortgagees individually;
(f) Policies shall include an agreed amount endorsement, if the policy
contains a co-insurance clause;
(g) Policies shall provide that each Owner is an insured person under the
policy with respect to liability arising out of such Owner's interest in the Common Area as a
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Member in the Association (provided, this provision shall not be construed as giving an Owner
any interest in the Common Area other than that of a Member);
(h) Policies shall provide a waiver of subrogation under the policy against any
Owner or household member of an Owner;
(i) Policies shall include an endorsement precluding cancellation,
invalidation, suspension, or non -renewal by the insurer on account of any one or more individual
Owners, or on account of any curable defect or violation without prior written demand to the
Association to cure the defect or violation and allowance of a reasonable time to cure; and
0) Policies shall include an endorsement precluding cancellation,
invalidation, or condition to recovery under the policy on account of any act or omission of any
one or more individual Owners, unless such Owner is acting within the scope of its authority on
behalf of the Association.
(k) The Board shall use reasonable efforts to secure insurance policies that list
the Owners as additional insurance and provide: (i) a waiver of subrogation as to any claims
against the Association's Board, officers, employees, and its manager, the Owners and their
tenants, servants, agents, and guests; (ii) a waiver of the insurer's rights to repair and reconstruct
instead of paying cash; (iii) an endorsement excluding Owners' individual policies from
consideration under any "other insurance" clause; (iv) an endorsement requiring at least 30
days' prior written notice to the Association of any cancellation, substantial modification, or
non -renewal; (v) a cross liability provision; and (vi) a provision vesting in the Board exclusive
authority to adjust losses; provided, however, no Mortgagee having an interest in such losses
may be prohibited from participating in the settlement negotiations, if any, related to the loss.
6.4 Restoring rdama eg d improvements. In the event of damage to or destruction of
Common Area or other property which the Association is obligated to insure, the Board or its
duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed
estimates of the cost of repairing or restoring the property to substantially the condition in which
it existed prior to the damage, allowing for changes or improvements necessitated by changes in
applicable building codes.
(a) Damaged improvements on the Common Area shall be repaired or
reconstructed unless the Voting Members representing at least 75% of the total Class "A" votes
in the Association, and the Class `B" Member, if any, decide within 60 days after the loss not to
repair or reconstruct. If either the insurance proceeds or estimates of the loss, or both, are not
available to the Association within such 60-day period, then the period shall be extended until
such funds or information are available. However,' such extension shall not exceed 60 additional
days. No Mortgagee shall have the right to participate in the determination of whether the
damage or destruction to the Common Area shall be repaired or reconstructed.
(b) If a decision is made not to restore the damaged improvements, and no
alternative improvements are authorized, the affected property shall be cleared of all debris and
ruins and thereafter shall be maintained by the Association in a neat and attractive, landscaped
condition consistent with the Community -Wide Standard.
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(c) Any insurance proceeds remaining after paying the costs of repair or
reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the
Association for the benefit of its Members or the Owners of Units within the insured
Neighborhood, as appropriate, and placed in a capital improvements account. This is a covenant
for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit.
(d) If insurance proceeds are insufficient to cover the costs of repair or
reconstruction, the Board may, without a vote of the Voting Members, levy Special Assessments
to cover the shortfall against those Owners responsible for the premiums for the applicable
insurance coverage under Section 9.5.
ARTICLE 7
SUBDIVISION
7.1 Subdivision of Unit. No Unit or Units shall be subdivided except to enlarge an
adjoining Unit, but any Unit so enlarged cannot be improved with more than one single family
dwelling. An Owner of a Unit and a portion or all of an adjoining or contiguous Unit or Units
may construct a dwelling or other structure permitted hereunder upon and across the dividing
line of such adjoining and contiguous Unit(s). Even if Units are combined, the number of Units
shall remain the same and shall be treated for all purposes under these Protective Covenants as
the original number of Units, so that the property must conform to the covenants created by these
Protective Covenants, in the same way that these Protective Covenants initially attached to the
Units).
ARTICLE 8
ANNEXATION AND WITRDRAWAL OF PROPERTY
8.1 Annexation without Approval of Membership.
(a) Until January 1, 2024, Declarant may subject any portion(s) or all of the
Future Development Property to the provisions of these Protective Covenants as provided in this
Section 8.1. Declarant may transfer or assign this right to annex property, provided that the
transferee or assignee is the developer of at least a portion of the Property. Nothing in these
Protective Covenants shall be construed to require the Declarant or any successor to annex or
develop any of the Future Development Property in any manner whatsoever.
(b) An annexation by Declarant under Section 8.1(a) shall be accomplished by
filing a Supplemental Declaration in the land records of Brunswick County, North Carolina,
describing the property to be annexed and specifically subjecting it to the terms of these
Protective Covenants. Such Supplemental Declaration shall not require the consent of any
Members other than Declarant, but shall require the consent of the owner of such property, if
other than Declarant. Any such annexation shall be effective upon the filing for record of such
Supplemental Declaration unless otherwise provided therein.
8.2 Annexation by Membership. Except as provided in Section 8.1 herein,
annexation of additional property shall require the assent of two-thirds (%) of the Class "A"
Members at a meeting duly called for this purpose, written notice of which shall be sent to all
Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting.
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During the Class "B" Control Period, annexation of additional property under this Section 8.2
shall also require the consent of Declarant.
8.3 Withdrawal of Property. The Declarant reserves the right to amend these
Protective Covenants so long as it has a right to annex additional property pursuant to this
Article, without prior notice and without the consent of any Person, for the purpose of removing
property then owned by the Declarant, its affiliates, or the Association from the coverage of
these Protective Covenants, to the extent originally included in error or as a result of any changes
in the Declarant's plans for the Properties, provided such withdrawal is not unequivocally
contrary to the overall, uniform scheme of development for the Properties.
8.4 Additional Covenants and Easements. The Declarant may unilaterally subject the
property submitted to these Protective Covenants initially or by Supplemental Declaration to
additional covenants and easements, provided that such amendment or modification does not
alter the general or common scheme of development for the Properties described herein and
further provided that this right to amend shall not render these covenants and restrictions purely
personal to the Declarant and the benefits and burdens contained in these Protective Covenants
shall remain mutual and reciprocal to all Owners.
8.5 Amendment. This Article shall not be amended without the prior written consent
of Declarant so long as the Declarant owns any of the • property described on Exhibit A or
Exhibit B.
ARTICLE 9
ASSESSMENTS
9.1 Creation of Assessments.
(a) The Association is hereby authorized to levy assessments against each
Unit for Common Expenses and Association expenses as the Board may specifically authorize
from time to time. There shall be five types of assessments for Association expenses: (1) Master
Association Assessments to fined Common Expenses for the general benefit of all Units within
the Properties; (2) Village Assessments for Village Expenses benefiting only Units within a
particular Village or Villages (to the extent these are assessed by the Association as opposed to
the applicable Village Association); (3) Special Assessments as described in Section 9.5; (4)
Individual Assessments as described in Section 9.6; (5) Working Capital Assessments as
described in Section 9.7; and (6) Service Assessments as described in Section 9.13. Each
Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the
Properties, is deemed to covenant and agree to pay these assessments.
(b) All assessments, together with interest from the due date of such assessment at a
rate determined by the Board (not to exceed the highest rate allowed by North Carolina law), late
charges, costs, and reasonable attorney's fees, shall be a charge and continuing lien upon each
Unit against which the assessment is made until paid, as more particularly provided in Section
9.9. Each such assessment, together with interest, late charges, costs, and reasonable attorney's
fees, also shall be the personal obligation of the Person who was the Owner of such Unit at the
time the assessment arose, as more particularly provided in Section 9.9.
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(c) No Owner may exempt himself from liability for assessments, by non-use
of Common Area, abandonment of his Unit, or any other means. No diminution or abatement of
assessments or set-off shall be claimed or allowed for any alleged failure of the Association or
Board to take some action or perform some function required of it, or for inconvenience or
discomfort arising from the making of repairs or improvements, or from any other action it
takes.
9.2 Declarant's Obli ation for Assessments. During the Class `B" Control Period,
Declarant may annually elect either to pay regular assessments on its unsold Units, or to pay the
difference between the amount of assessments collected on all other Units subject to assessment and
the amount of actual expenditures by the Association during the fiscal year, or pay one-half (V2) of
the assessments for an unimproved Unit for all Units which are platted of record in the Office of the
Register of Deeds of Brunswick County but which have not yet been sold to a Person other than
Declarant or an authorized builder. Unless the Declarant otherwise notifies the Board in writing at
least 45 days before the beginning of each fiscal year, the Declarant shall be deemed to have elected
to continue paying on the same basis as during the immediately preceding fiscal year. The
Declarant's obligation hereunder may be satisfied in the form of cash or by "in kind" contribution of
services or materials, or by a combination of these.
9.3 Commutation of Master Association Assessment: Budget.
(a) At least thirty (30) days beforc the beginning of each fiscal year, the Board
shall prepare and distribute a budget covering the estimated Common Expenses for the coming
year (including, without limitation, any contributions to be made to any capital reserve finds).
The budget shall also reflect the sources and estimated amounts of funds to cover such expenses,
which may include any surplus to be applied from prior years, any income expected from sources
other than assessments levied against Units, and the amount to be generated through the levy of
all applicable assessments against Units, as authorized in this Amended. Declaration.
(b) The Master Association Assessment shall be levied at a uniform rate against
all Units and shall be set at a level which is reasonably expected to produce total income for the
Association equal to the total budgeted Common Expenses, including reserves. In determining the
level of assessments, the Board, in its discretion, may consider other sources of funds available to
the Association. In addition, the Board shall take into account the number of Units subject to
assessment on the first day of the fiscal year for which the budget is prepared and the number of
Units reasonably anticipated to become subject to assessment during the fiscal year. This Section
9.3 shall apply to the determination of all Master Association Assessments for fiscal years
beginning after the date of the recording of this Declaration.
(c) The Board shall send a summary of the final budget, together with a notice
of the amount of the Master Association Assessments to be levied pursuant to such budget, to
each Owner within thirty (30) days after the Board adopts such budget. With such summary, the
Board shall provide to each Owner a written notice of the meeting of the Members at which the
Member's ratification of the budget will be considered. Such notice shall include a statement
that the budget may be ratified at such meeting without a quorum. The meeting of the Members
to consider ratification of the budget shall be held not less than ten (10) nor more than sixty (60)
days after the mailing of the summary and notice referenced in this paragraph. Notwithstanding
any other provisions of the Governing Documents, there shall be no requirement that a quorum
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Robert J. Robinson
Brunswick County, NC Register of Deeds page 22 of 58
be present at such meeting. Notwithstanding any other provision of the Governing Documents,
the proposed budget shall automatically be deemed ratified and become effective unless
disapproved at such meeting by: (i) Members representing at least seventy-five percent of the
total Class "A" votes in the Association and (ii) the Class "B" member, if such member exists.
In the event the proposed budget is rejected, the periodic budget last ratified shall be continued
until such time as the Owners ratify a subsequent budget proposed by the Board.
(d) The Board may revise the budget and adjust the assessments from time to
time during the year, subject to the notice requirements and the right of Members to disapprove the
revised budget as set forth above.
9.4 Capital Reserve Budget. The Board shall annually prepare a capital reserve
budget for maintenance and replacement of capital improvements which shall take into account
the number and nature of replaceable assets, the expected life of each asset, and the expected
repair or replacement cost.
9.5 Special Assessments. In addition to other authorized assessments, the Association
may levy Special Assessments from time to time to cover capital improvements or unbudgeted
expenses (including, without limitation, expenses required to complete repair, maintenance
and/or clean-up which the Board deems necessary or advisable after a storm, hurricane or other
casualty event) or other expenses in excess of those budgeted. The Board may establish the
amount of the Special Assessment if it is ONE HUNDRED DOLLARS ($100.00) or less in any
assessment year for each Member. All other Special Assessments shall require the affirmative
vote of fifty-one percent (51%) of Members present and voting in person or by proxy who will
be subject to such Special Assessment, and the affirmative vote or written consent of the Class
"B" Member, if such exists. Special Assessments shall be payable in such manner and at such
times as determined by the Board, and may be payable in installments extending beyond the
fiscal year in which the Special Assessment is approved.
9.6 Individual Assessments.
(a) The Board shall have the power to levy Individual Assessments against a
particular Unit or Units constituting less than all Units within the Properties or within a Village,
as follows:
(i) To cover the costs, including overhead and administrative costs, of
providing benefits, items, or services to the Unit or occupants thereof upon request of the
Owner pursuant to a menu of special services which the Board may from time to time
authorize to be offered to Owners (which might include, without limitation, landscape
maintenance, handyman service, pool cleaning, pest control, etc.), which assessments
may be levied in advance of the provision of the requested benefit, item or service as a
deposit against charges to be incurred by the Owner; and
(ii) To cover costs including overhead and administrative costs and
reserves incurred for maintenance, repair and replacement of any private roads, signs,
mail boxes, fences and berms which are constructed for the benefit of certain specified
lots, as shall be more specifically set forth in a Supplemental Declaration.
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(iii) To cover costs incurred in bringing the Unit into compliance with
the terms of these Protective Covenants, including, without limitation, Section 5.3, any
applicable Supplemental Declaration, the Articles, the By -Laws, Rules and Regulations,
or Design Guidelines or costs incurred as a consequence of the conduct of the Owner or
occupant of the Unit, their lessees, licensees, invitees, or guests; provided, the Board
shall give the Unit Owner prior written notice and an opportunity for a hearing before
levying an Individual Assessment under this subsection (a).
(b) The Association may also levy an Individual Assessment against any
Village to reimburse the Association for costs incurred in bringing the Village into compliance
with the provisions of the Governing Documents, provided the Board gives the board of directors
from such Village prior written notice and an opportunity to be heard before levying any such
assessment.
9.7 Working Capital Assessment. Upon the conveyance of title to any Unit, the
acquiring Owner shall contribute to the Association as working capital an amount equal to one
year's general assessment. Such funds shall be used for operating and capital expenses of the
Association, such as prepaid insurance, supplies, furnishings and equipment, etc. Amounts paid
into the working capital fund are not to be considered advance payment of regular assessments.
All working capital funds shall become part of the general operating funds of the Association.
9.8 Date of Commencement of Master Association Assessments and Due Dates. The
Master Association assessments provided for herein shall commence on the date of conveyance
of each Unit to an Owner other than Declarant. The due dates shall be established by the Board
of Directors.
9.9 Lien for Assessments.
(a) All assessments authorized in this Article, together with any fees, charges,
interest, fines, late charges, costs of collection, and expenses, including reasonable attorney's
fees (as permitted by law) shall constitute a charge on and a continuing lien upon the Unit
against which they are levied, which lien shall be superior to all other liens and encumbrances on
the Unit, except the liens of all ad valorem taxes or assessments, and any other liens which by
law would be superior. Such lien shall become effective when a notice thereof ("Claim of Lien")
is filed of record in the Office of the Clerk of Superior Court of Brunswick County, provided that
such Claim of Lien shall not be filed until such sums assessed remain unpaid for a period of
more than thirty (30) days after the same shall become due.
(b) In the event of any transfer of title to a Unit, the lien of the assessments
shall not be extinguished, nor shall the Unit be relieved from the lien of any subsequent
assessments. Each such assessment, together with interest, late charges, costs, and reasonable
attorney's fees, shall be the personal obligation of the Person who was the Owner of such Unit at
the time the assessment arose. Upon a transfer of title to a Unit, the grantee shall be jointly and
severally liable for any assessments and other charges due at the time of conveyance. However,
no first Mortgagee who obtains title to a Unit by exercising the remedies provided in its
Mortgage, or any individual obtaining title by or through a foreclosure, shall be personally liable
for unpaid assessments which accrued prior to such acquisition of title.
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Brunswick County, NC Register of Deeds page 24 of 5a
9.10 Default inPaymant of Assessments: Remedies of the Association.
(a) Any assessments or portions thereof which are not paid when due shall be
delinquent. If the assessment or any portion thereof is not paid within thirty (30) days after the
due date, the same shall bear interest from the due date at a rate set by the Board of Directors, not
to exceed the maximum legal rate allowed in the State of North Carolina per annum, together
with all expenses, including reasonable attorney's fees (if permitted by law), incurred by the
Board in any proceeding brought to collect such unpaid Assessments; and in addition, a late fee
shall be assessed in such amount as may be determined by the Board. of Directors.
(b) The Association may record notice of the claim of lien in the Office of the
Clerk of Superior Court of Brunswick County and/or file a suit to collect such delinquent
assessments and charges. The Association may also file Notice of Lis Pendens, bring an action
of law against the Owner personally obligated to pay the same, bring an action to foreclose the
lien against the property, and/or utilize any other remedy provided under North Carolina law. In
any event, all interest, costs, and reasonable attorney's fees of any such action shall be added to
the amount of such assessment. No Owner may waive or otherwise escape liability for the
assessments provided for herein. The Association may bid for the Unit at the foreclosure sale
and acquire, hold, lease, mortgage, and convey the Unit. A judgment, decree, or order in any
action brought under this ARTICLE 9 shall include costs and reasonable attorney's fees for the
prevailing party, subject to the limitations of N.C.G.S. §47F-3-1 lb.
9.11 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to
deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or
a release of any Owner from the obligation to pay assessments. In such event, each Owner shall
continue to pay Master Association Assessments on the same basis as for the last year for which
an assessment was made, if any, until a new assessment is made, at which time the Association
may retroactively assess any shortfalls in collections.
9.12 Exempt Property. The following property shall be exempt from payment of
Master Association Assessments, Service Assessments and Special Assessments:
(a) All Common Area or Limited Common Area;
(b) Any property dedicated to and accepted by any governmental authority or
public utility;
(c) Any property held by a conservation trust or similar nonprofit entity as a
conservation easement, except to the extent that any such easement lies within the boundaries of
a Unit which is subject to assessment hereunder (in which case the Unit and Unit Owner shall
not be exempted from assessment);
(d) Any Unit which is not approved by any governmental agency for
residential use; and
(e) Any Unit or property owned of record by the Declarant, its successors or
assigns, except as otherwise provided in Section 9.2.
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(f) Any Future Development Property which has not been brought within the
jurisdiction of the Association by the filing of a Supplemental Declaration.
9.13 Service Assessments. The Board shall have the power to levy Service
Assessments against a particular Unit or Units constituting less than all Units (and/or against a
particular Village or Villages constituting less than all Villages) within the Properties to cover
the costs, including overhead and administrative costs, of providing specialized maintenance
and/or landscaping services to such Units and/or Villages and the occupants thereof. Such
assessments may be levied in advance of the provision of the requested benefit, item or service
as a deposit against charges to be incurred by the Owner. Notwithstanding the foregoing to the
contrary, the fact that the Association levies a Service Assessment shall not be deemed to impose
any obligation upon the Association to (i) monitor the quality of work or services being
provided, (ii) assume any responsibility for the quality of work or services provided, (iii) ensure
the structural integrity or soundness of any construction or modifications provided or (iv) ensure
compliance with building codes and other governmental requirements relating to the work or
services provided.
9.14 Surplus Funds. Notwithstanding the provisions of N.C. Gen. Stat § 47F-3-114,
any excess of Association income over Common Expenses (as defined in Section 1.11 herein and
which shall include reasonable reserves) shall be applied to reserves or other future expenses as the
Board deems appropriate.
ARTICLE 10
DESIGN GUIDELINES
10.1 General.
(a) No structures or buildings shall be erected or maintained; no
improvements or construction, which terms shall include within their definitions: clearing,
grading, excavation, landscaping and other site work, shall be commenced, erected, or
maintained upon any Unit or the Properties; nor shall any exterior addition to or change or
alteration therein (including, without limitation, any change of color) be made, except in
compliance with this Article and the Design Guidelines. Without limiting the generality of the
foregoing, no work described in the immediately preceding sentence shall commence until the
plans and specifications showing the nature, kind, shape, heights, materials, and location of the
same shall have been submitted to and approved in writing by the Committee according to the
provisions of Article 10. With regard to the provisions of this Article 10, the terms "structures,"
"buildings" and "improvements" shall include, but not be limited to any dwelling, garage, fence,
wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe, drainage canal,
ditch, swale, catch basin, swimming pool, tree house, playhouse, sign, flag pole, exterior
illumination, monument or marker, outdoor statuary, exterior lights, security lights, storm door,
well utility facility, mailbox, patio, deck, screening for outdoor trash cans or other purposes,
sprinkler system, driveway, outdoor decorative objects, shrubbery or landscaping.
(b) Any Owner may remodel, paint, or redecorate the interior of structures on
his Unit without approval. No approval shall be required to repaint the exterior of a structure in
accordance with the originally approved color scheme or to rebuild in accordance with originally
approved plans and specifications.
54=6
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(c) This Article 10 shall not apply to the activities of the Declarant, nor to
alterations or improvements to the Common Area by or on behalf of the Association.
(d) This Article 10 may not be amended without the Declarant's written
consent so long as the Declarant owns any land subject to these Protective Covenants or subject
to annexation to these Protective Covenants.
10.2 Architectural Review.
(a) Responsibility for administration of the Design Guidelines, as defined
below, and review of all applications for construction and modifications under this Article shall
be handled by the Committee as described in subsections (a) and (b). The members of the
Committee need not be Members of the Association and may, but need not, include architects,
engineers or similar professionals, whose compensation, if any, shall be established from time to
time by the Board. The Board may establish and charge reasonable fees for review of
applications hereunder and may require such fees to be paid in full and prior to review.
(b) Architectural Review Committee (herein "Committee"). The Committee
shall consist of at least three, but not more than five, persons and shall have exclusive
jurisdiction over all structures, building, improvements, and/or construction on any portion of the
Properties. During the Class "B" Control Period, the Declarant retains the right to appoint all
members of the Committee, who shall serve at the Declarant's discretion. Upon the expiration of
such period, the Declarant shall retain the option to appoint all members of the Committee, who
shall serve at the Declarant's discretion. In the event that the Declarant should not exercise its
option to appoint members of the Committee, the Board shall then appoint the members of the
Committee, who shall serve and may be removed in either the Board's or the Declarant's
discretion. Even if Declarant should not exercise its option to appoint members of the
Committee, Declarant has not waived the right to appoint members in the future or to remove
members, whether appointed by Declarant or the Committee.
10.3 Guidelines and Procedures. The Declarant shall prepare the initial Design
Guidelines and application and review procedures (the "Design Guidelines") which shall apply
to all construction activities within the Properties. The Design Guidelines may contain general
provisions applicable to all of the Properties, as well as specific provisions which vary from one
portion of the Properties to another depending upon the location, unique characteristics, and
intended use. The Committee shall adopt such Design Guidelines at its initial organizational
meeting and thereafter shall have sole and full authority to amend them subject to the approval of
the Board of Directors. The Committee shall make the Design Guidelines available to Owners
who seek to engage in development or construction within the Properties and all such Persons
shall conduct their activities in accordance with such Design Guidelines.
10.4 Submission of Plans and Specifications.
(a) No construction or improvements, as defined in Section 10.1(a), shall be
commenced, erected, placed or maintained on any Unit, nor shall any exterior addition, change
or alteration be made thereto, until the plans and specifications ("Plans") showing site layout,
structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage,
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2 08 2N6B252
Robert n
Brunswick County, NC Register of Deeds page 27 of 58
lighting, irrigation, utility facilities layout, screening and any other supporting documents, as
they may be requested by the Committee, shall have been submitted to and approved in writing
by the Committee. The Design Guidelines shall set forth the procedure for submission of the
Plans. A reasonable fee for the review of said plans shall be required and submitted, along with
said Plans and any other supporting documents required by Committee. The Board may require
a deposit to be posted prior to the commencement of any construction or work, which sum shall
be used to collect any fees, fines or penalties incurred during construction or work. Any such
sums remaining at the completion of construction shall be returned to the Owner.
(b) In reviewing each submission, the Committee may consider (but is not
required to consider or limited to consideration of) the following: visual aesthetics, natural
platforms and finish grade elevations, the suitability of the proposed building, improvements,
structure, or landscaping and the materials of which it is to be built, the site upon which it is
proposed to erect the same, the harmony of external design with surrounding structures and
environment, the location in relation to surrounding structures and plant life, and the effect
thereof on the adjacent or neighboring property. The Committee may require relocation of
native plants within the construction site as a condition of approval of any submission. Location
of any driveways shall be subject to the approval of the Committee.
(c) The Committee shall have the right to refuse to approve any plans and
specifications or grading plans which are not suitable or desirable, in its sole discretion, for
aesthetic or any other reasons.
(d) No bulldozing or clearing of trees or excavation of lakes or ponds shall be
commenced until the plans, specifications and grading plans showing the nature, kind, shape and
location of work to be done shall have been submitted to and approved in writing by the
Committee and a copy thereof, as finally approved, filed permanently with the Committee.
(e) The Committee shall, within thirty (30) days after receipt of each
submission of the Plans, advise the party submitting the same in writing, at an address specified
by such party at the time of submission, of (i) the approval of Plans or (ii) the segments or
features of the Plans which are deemed by such committee to be inconsistent or not in
conformity with these Protective Covenants and/or the Design Guidelines, the reasons for such
finding, and suggestions for the curing of such objections. In the event the Committee fails to
advise the submitting party by written notice within the time set forth above of either the
approval or disapproval of the Plans, approval shall be deemed to have been given. Notice shall
be deemed to have been given at the time the envelope containing such notice, properly
addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or certified
mail, return receipt requested. Personal delivery of such written notice shall, however, be
sufficient and shall be deemed to have given at the time of delivery.
(f) If construction does not commence on a project for which Plans have been
approved within nine (9) months of such approval, such approval shall be deemed withdrawn,
and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
(g) Once construction has been initiated on a Unit, the Owner thereof must
complete such construction within nine (9) months. If an Owner does not comply with such
schedule, then Declarant, the Board and the Association shall each have the right (but not the
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111 Jill 111111111111111111111111111111 P01?0 n 12.00,
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obligation) to complete such construction on Owner's behalf and at such Owner's expense. In
the event the Declarant, the Board or the Association exercises the right provided in the
immediately preceding sentence, then Declarant, the Board and/or the Association (as the case
may be) shall be entitled to collect from such Owner, in addition to a reimbursement of all costs
expended in the completion of construction of the Unit, an administrative fee for such work,
which fee shall be equal to twenty percent (20%) of the costs incurred by such party in
completing the work. Any and all of the foregoing costs and fees that may be incurred by or
payable to Declarant, the Board and/or the Association shall be a charge and continuing lien
upon such Unit until paid, and Declarant, the Board and/or the Association may bring an action
against such Owner, or foreclose the lien against the property in the same manner as provided in
North Carolina for the foreclosure of deeds of trust, or both, and, in either event, interest, costs
and reasonable attorney's fees of any such action shall be added to the amount payable to
Declarant, the Board and/or the Association.
10.5 No Waiver of Future Approvals. Each Owner acknowledges that the members of
the Committee will change from time to time and that interpretation, application and
enforcement of the Design Guidelines may vary accordingly. Approval of proposals, plans and
specifications, or drawings for any work done or proposed, or in connection with any other
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold
approval as to any similar proposals, plans and specifications, drawings, or other matters
subsequently or additionally submitted for approval.
10.6 Variance. The Committee may authorize in its discretion reasonable variances or
adjustments from compliance with any of its guidelines and procedures in order to alleviate
practical difficulties and hardship in their enforcement and operation. Such variances may only
be granted, however, when unique circumstances dictate and no variance shall (a) be effective
unless in writing; or (b) prevent the Committee from denying a variance in other different or
even identical circumstances. Any such variances shall not violate the spirit or the intent of this
document to create a subdivision of Units owned in fee by various persons with each such Owner
having an easement upon areas owned by the Association.
10.7 Limitation of Liability. The Committee shall not bear any responsibility for
ensuring the structural integrity or soundness of approved construction or modifications, nor for
ensuring compliance with building codes and other governmental requirements. Neither the
Declarant, the Association, the Board, nor the Committee, shall be held liable for any injury,
damages, or loss arising out of the review and approval of any application, including, but not
limited to, the grant or denial of a variance, the manner or quality of construction, defects in any
plans or specifications, or deficiencies in kind or quality of materials used, or for compliance or
non-compliance with building codes and other governmental requirements.
1U.8 Enforcement.
(a) Any structure or improvement placed or made in violation of this Article
shall be deemed to be nonconforming. Upon written request from the Board or the Declarant,
Owners shall, at their own cost and expense, remove such structure or improvement and restore
the land to substantially the same condition as existed prior to the nonconforming work. Should
an Owner fail to remove and restore as required, then Declarant and the Association shall each
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Brunswick County, NC Register of Deeds page 29 of 58
have the right to enter the property, remove the violation, and restore the property to
substantially the same condition as previously existed. All costs, together with the interest at the
maximum rate then allowed by law, may be assessed against the Unit's Owner and the Unit and
collected as an Individual Assessment. In the event the Declarant, the Board and/or the
Association exercises any right provided hereto in this Section 10.8(a), then Declarant, the Board
and/or the Association (as the case may be) shall be entitled to collect from the relevant Owner,
in addition to a reimbursement of all costs expended in the removal of the violation and/or the
restoration of the property, an administrative fee for such work, which fee shall be equal to
twenty percent (20%) of the costs incurred by such party in performing the work.
(b) Any contractor, subcontractor, agent, employee, or other invitee of an
Owner who fails to comply with the terms and provisions of this Article and the Design
Guidelines may be prohibited by the Board from entering and conducting any activities within
the. Properties. In such event, none of the Association, its officers, or its directors shall be held
liable to any Person for exercising the rights granted by this paragraph.
(c) The Association shall have the authority to establish fines for violations of
this Article and the Design Guidelines, including fines for continuing violations. The fine
amounts may be deducted from any bond posted. If the fines are not paid, the Association may
establish an Individual Assessment in accordance with the provisions of Article 9.
(d) In addition to the foregoing, the Association shall have the authority and
standing to pursue all legal and equitable remedies available to enforce the provisions of this
Article and the decisions of the Committee.
ARTICLE 11
USE GUIDELINES AND RESTRICTIONS
11.1 Plan of Development; Applicability; Effect.
(a) Declarant has created the Residential Community as a residential and
recreational development and, in furtherance of its and every other Owner's interest, has
established a general plan of development for the Residential Community. Accordingly, the
Properties are subject to affirmative and negative covenants, easements, and restrictions
governing land use, individual conduct, and uses of or actions upon the Properties as provided in
this Article 11 (the "Use Guidelines and Restrictions").
(b) All provisions of these Protective Covenants and of any Association rules
shall also apply to all occupants, lessees, guests and invitees of any Unit. Any lease on any Unit
shall provide that the lessee and all occupants of the leased Unit shall be bound by the terms of
these Protective Covenants, the By -Laws, and the rules of the Association; provided, however,
that the lack of such a provision shall not waive these Protective Covenants, the By -Laws, and
the rules of the Association in any way.
11.2 Rules and Regulations. Subject to the terms of this Article 11, the Board may
implement and manage the Use Guidelines and Restrictions through the adoption and
enforcement of the Rules and Regulations which adopt, modify, cancel, limit, create exceptions
to, or expand the Use Guidelines and Restrictions.
54782.6 29

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lllllllllllll llll III II I Ilil II llll III s?5 � P12011? inson_12.001
11,3 Owners AcknowledgmBrunswick County, NC Register of Deeds page 30 of 58
ent.
(a) All Owners and all the Properties are subject to the Use Guidelines and
Restrictions and are given notice that (a) their ability to use their privately owned property is
limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the
Use Guidelines and Restrictions in accordance with Section 11.2.
(b) Each Owner, by acceptance of a deed, acknowledges and agrees that the
use and enjoyment and marketability of his or her property can be affected by these provisions
that the Use Guidelines and Restrictions and rules may change from time to time; and- each
Owner agrees to be bound thereby.
11.4 Limits on Rules. Except as may be specifically set forth in Section 11.5 herein,
no Rule or Regulation adopted by the Board shall interfere with the activities carried on within
the confines of Units, except that the Association may prohibit activities not normally associated
with property restricted to residential use, and it may restrict or prohibit any activities that, in the
Association's reasonable judgment, create monetary costs for the Association or other Owners,
that create a danger to the health or safety of other Units or their occupants, that generate
excessive noise or traffic, that create unsightly conditions visible outside the Unit, that
significantly block the normal views from other Units, that create an unreasonable source of
annoyance, or that create a nuisance.
11.5 Use Guidelines and Restrictions.
(a) General. The Properties shall be used only for residential and related
purposes (which may include, without limitation, offices for any property manager retained by
the Association, business or sales offices for the Declarant or the Association, and certain
recreational uses ancillary to home ownership or as permitted in the Common Areas), except as
otherwise provided herein. No commercial use shall be permitted on any Unit except in
accordance with Sections 11.5(m) and 11.5(x).
(b) Animals and Pets. No animals, livestock or poultry of any kind shall be
raised, bred, kept or maintained on any Unit or in any dwelling except a limited number of
domestic household pets, which limit may be set by the Board. Domestic household pets may
not be raised, bred, or kept for any commercial purpose. Pets must be accompanied and leashed
at all times when off Owner's Unit and droppings must be immediately removed. Fines assessed
for violations hereof by the Association shall become an Individual Assessment in accordance
with Article 9. All parties are hereby notified that, in the event any dog kept or maintained in a
Unit or in any dwelling on the Properties barks excessively, continuously or in a manner that
constitutes a nuisance, the Board may require the Unit Owner to employ a collar or other device
designed to reduce or control such excessive barking (provided that such action shall in no event
limit any other rights or remedies for such situation that may be available to the Board or to any
other parties at law or in equity).
(c) Placement of Outdoor Clothes Drying Structure. No outdoor clothes
poles, clothes lines or similar equipment shall be placed on any Unit unless it is screened so that
it is not visible from any street, recreational area or adjoining property.
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Illllllllll�ll ��5�� �1&112-08-20060,Robert nson 12
Brunswick County, MC Register of Deeds Pape 31 of sa
(d) Offensive and Illegal Activities. No immoral, improper, illegal, noxious
or offensive activity shall be carried on upon any Unit, nor shall anything be done thereof
tending to cause embarrassment, discomfort, annoyance or nuisance to the Association, the
Declarant or any Owners. There shall not be maintained any plants or animals, odors, fumes, or
devices or anything of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of
other Properties by the Owners thereof. All laws, orders, rules, regulations, ordinances or
requirements of any government agency having jurisdiction thereof, relating to any portion of the
Property, shall be complied with, by or at the sole expense of the Owner or the Association,
whichever shall have the obligation and/or right to maintain or repair such portion of the
Property.
(e) Parkin Parking of vehicles on any street in the Properties shall be
allowed only in accordance with the policy determined by the Board of Directors. No truck nor
other vehicle in excess of a one half (1/2) ton load capacity, boat, vessel, motorboat, camper,
trailer, motor or mobile home, or similar type vehicle or apparatus shall be parked or kept
overnight or longer, on any street or on any Unit unless it is stored in an enclosed garage and in
such a manner as to not be visible to the Owners of other Units or the users of a street or recreation
area All tools or other materials stored in vehicles for overnight parking shall be kept out of sight.
No vehicle or equipment which is unsightly in appearance as determined by the Board of
Directors shall be allowed on the Properly
(f) RRaair or Removal of Buildings. Any dwelling or improvement on any
Unit that is destroyed in whole or in part by fire or other casualty shall be either rebuilt or torn
down and all debris removed and the Unit restored to a sightly condition with reasonable
promptness, provided, however, that in no event shall such debris remain on such Unit longer
than three (3) months. If a replacement Unit is to be constructed, the replacement Unit must be
approved by the Committee in accordance with Article 10.
(g) Outside Burning. No outside burning shall be permuitted except as may be
approved by the Board in advance (provided that in no event shall burning be permitted except in
compliance with all applicable governmental regulations).
(h) Sigma,. Subject to the provisions of the Planned Community Aet, the
Committee shall have the authority to approve all signs prior to installation and may impose size
limits and other reasonable restrictions. No advertising signs or billboards or other advertising.
structure(s) of any kind shall be erected on any Unit or displayed to the public on any Unit
subject to these Protective Covenants without prior written approval of the Committee. This
covenant shall not apply to signs erected by the Declarant, including signs used to identify and
advertise the Properties as a whole. Declarant or the Committee has the right to enter upon any
Unit and ferilove any unapproved sign(s). Without limiting the foregoing, the Committee shall
sae guidelines from time to time outlining the Residential Community's policy for the posting
of "far sale" signs and similar temporary signs by or upon any Unit (which policy shall include
the permitted dimensions and appearance of such signs and may even prohibit such signs
altogether).
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Notwithstanding anything to the contrary in the foregoing paragraph, to the extent
permitted by law, rules may regulate the time, place and manner of posting such signs (including
design criteria). With regard to the regulation of political signs, the Master Association, pursuant
to both the rule -making authority established herein and the provisions of the North Carolina
Planned Community Act, may (1) prohibit the display of political signs earlier than forty-five
(45) days before the day of an election and later than seven () days after an election day, and/or
(ii) regulate the size and number of political signs that may be placed on a Unit (but only to the
extent the Master Association's regulation is no more restrictive than any applicable city, town,
or county ordinance that regulates the size and number of political signs on residential property).
If the local government in which a Unit is located does not regulate the size and number of
political signs on residential property, the Master Association shall permit at least one (1)
political sign with the maximum dimensions of 24 inches by 24 inches on a Unit. For the
purposes of this paragraph, a "political sign" means a sign that attempts to influence the outcome
of an election, including supporting or opposing an issue on the election ballot. The provisions
of this paragraph shall apply to Owners of property who display political signs on property
owned exclusively by them and does not apply to Common Area, easements, rights -of -way, or
other areas owned by others.
(i) Hunting and Fishing. No hunting or discharge of firearms within the
subdivision is permitted. The Association, through its Board of Directors, reserves the right to
control or remove animals (including, without limitation, the authorization of bow hunting to
reduce or eliminate nuisance animals) subject to rules and restrictions to be determined by the
Board. Fishing shall be permitted only in locations designated by the Board from time to time
and shall be subject to reasonable restrictions imposed by the Board.
0) Garbage. Garbage and trash shall be disposed by Owners in accordance
with the rules and regulations of the Association.
(k) Antennas. No outside antennas or satellite dishes shall be erected on any
Unit or structure unless and until permission for the same has been granted by the Committee.
The design and location of the dish must also be approved by the Committee.
(1) Well Installation. The Owners of single-family residential Units shall be
allowed to install one single well per Unit for the purpose of irrigating the land comprising the
Unit. This right shall be subject to the Declarant's reservation of rights in all surface and sub-
surface water in the Properties, and shall be subject to all laws, rules, regulations, ordinances or
requirements of any governmental agency having jurisdiction thereof., All wells and pumps
permitted under these Protective Covenants must be located so as not to be visible from any
street or recreational area or Common Area and must be approved by the Committee, screened
from view and kept free from discoloration, including rust. All structures within the Unit shall
also be kept free from discoloration, including rust. In the event the use of water from any well
is determined, in the Board's discretion, to be causing rust or discoloration on a Unit, the Board
shall be entitled to require the Owner of such Unit to discontinue the use of such well.
(m) Restricted Activities. The following activities are prohibited within the
Properties unless expressly authorized by the Board subject to any conditions imposed by the
Board:
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(i) Activities which materially disturb or destroy the vegetation,
wildlife, water or air quality within the Properties or which use excessive amounts of
water or which result in unreasonable levels of sound or light pollution;
(ii) Any Business or Trade, except that an Owner or occupant residing
in a Unit may conduct business activities within the Unit so long as: (a) the existence or
operation of the activity is not apparent or detectable by sight, sound, or smell from
outside the Unit; (b) the activity does not involve regular visitation of the Unit by clients,
employees, agents, customers, suppliers, or other business invitees, delivery services, or
door-to-door solicitation of residents of the Properties; and (c) the activity is consistent
with the residential character of the Properties and does not constitute a nuisance, or a
hazardous or offensive use, or threaten the security or safety of other residents of the
Properties, as may be determined in the sole discretion of the Board.
(iii) Nothing shall be kept and no activity shall be carried on, by a
Person other than the Declarant or the Association, in any building, structure or home or
on the Common Area which will increase the rate of insurance, applicable to residential
use, for the property or the contents thereof. No Owner shall do or keep anything, nor
cause or allow anything to be done or kept, in his home or on the Common Area which
will result in the cancellation of insurance on any portion of the property, or the contents
thereof; or which will be in violation of any law, ordinance, or regulation.
(n) Property Damage. Owners shall be responsible for any damage done to
any streets, roadways, access ways, curbing, street gutters, sidewalks, Common Areas or
property of other Owners within the Properties which may be caused by the same Owner, his
agents, contractor or its subcontractor lessees, employees, guests, licensees or invitees. The
Association shall have the authority to assess any Owner for such damage and such charge shall
be an Individual Assessment against the Owner and his Unit(s) and may be enforced in
accordance with the provisions of Article 9 herein.
(o) Junk Vehicles. No stripped, partially wrecked, junk motor vehicle, or part
thereof, or any motor vehicle not displaying a current valid inspection sticker shall be permitted
to be parked or kept on the Premises.
(p) Removal of Vegetation. No tree having a circumference of over nineteen
(19) inches in diameter (measured at twenty-four [24] inches above the land) shall be removed
from any lot or parcel without the prior written consent of the Association. Notwithstanding the
foregoing, no dogwood or flowering shrub or bush shall be removed unless in compliance with
the Guidelines.
(q) boxes. All mailboxes and other such receptacles must be approved in
advance by the Committee. Any boxes pmNided by the Declarant on a Unit shall be considered
an improvement and must remain with the Unit and must be maintained by the Unit Owner.
Boxes and/or posts damaged shall be repaired to an attractive condition or replaced by the Unit
Owner within thirty (30) days of loss or damage.
(r) Outdoor Objects and glass. No outdoor statuary, flags, or other decorative
objects may be placed on any Unit unless it is in compliance with the Governing Documents.
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Notwithstanding any other provision herein, the American Flag and/or the flag of the State of
North Carolina having the maximum dimensions of four feet by six feet (4 feet x 6 feet) may be
displayed on an Owner's own Unit. Any flags will be displayed in accordance with traditional
rules and patriotic customs set forth in 4 U.S.C. §§5-10, as amended, governing the display and
use of the American Flag.
(s) Use of Boats. The use of boats upon the waters of the Residential
Community shall be subject to reasonable rules and regulations that may be promulgated by the
Board from time to time.
(t) Use of Common Areas. The Common Areas shall be used only for the
purposes for which they are intended and reasonably suited and which are incident to the use and
occupancy of the Units, subject to any Rules or Regulations that may be adopted by the
Association hereunder or pursuant to its By -Laws. No person shall undertake, cause, or allow
any alteration or construction in or upon any portion of the Common Area except at the direction
of and with the express written consent of the Committee.
(u) Storage of Personal Property. All lawn mowers, bicycles, toys, grills and
other similar objects must be stored when not in use so as not to be visible by the Owners of
other Units or the users of any street or recreation area or Common Area. All trash receptacles
and garbage cans shall be screened so as not to be visible by the Owners of other Units or the
users of any street or recreation area, except on the specific day of trash pickup. All such
screening shall be subject to approval by the Committee. No fuel tanks or similar storage
receptacles may be exposed to view. The placement of any such receptacles may be approved by
the Committee or Declarant and may only be located within the main dwelling house, within an
accessory building, within a screened area, or buried underground.
(v) Exterior Features and Structures. All exterior storage areas, laundry
facilities, utility areas and service yards or areas are to be screened from view from streets and
adjacent properties by an enclosure, fence, wall or natural landscape materials.
(w) Road Use. The roads are to be used by vehicles or pedestrians for the
purposes of transportation. The use of any roads within Sea Trail shall be subject to all
applicable governmental rules, as well as any restrictions in the Governing Documents. No
permanent, frequent, or long-term parking is permitted along or on major roads and promenades
except in specifically designated areas. Any parking is also subject to those rules in Section
11.5(e). The Association is entitled to adopt reasonable rules and regulations regarding the
supervision, maintenance, control, regulation and use of the roads and promenades, and to
enforce the same in any lawful manner which may include, but not be limited to, the imposition
of fines for violations thereof, which fines shall be Individual Assessments and may be enforced
in accordance with the provisions of Article 9.
(x) Declarant's Activities. This Section 11.5 shall not apply to any activity
conducted by the Declarant or its assigns with respect to its development and sale of the
Properties or any commercial activities of the Declarant or its assigns, including any sales office
maintained by Declarant or its assigns, and Declarant shall be specifically authorized to rent or
lease any Unit which it owns or manages for other Owners, and to maintain model Units or sales
offices in any Unit which it owns or leases.
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P01ZT 13 29 12,001
Brunswick county, NC Register OfDeeds' Robinson
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(y) Storage of Boats, Motor Homes and Travel Trailers. No boat, motor home
or travel trailer shall be stored longer than forty-eight (48) hours on any lot or parcel unless it is
stored within a garage or carport. Should this requirement become burdensome, the Association
may grant limited relief for a specific time period if it deems such relief to be -reasonable and
expedient in the circumstances.
(z) Recreational Pathways. Recreational pathways within the Residential
Community may be used only by bikes, pedestrians, and pedestrian moving devices which are
quiet and otherwise satisfy the requirements of this section. "Pedestrian moving devices" used
within the Residential Community shall not exceed the size of a standard golf cart or touring cart
used by the Declarant or its assigns, if used on any wooden pathways, including, but not limited
to, boardwalks, bridges, ramps, decks or the like. Persons using pedestrian moving devices upon
wooden structures within the Residential Community do so at their own risk; Declarant makes no
representation of the weight limitations of any such wooden structure and assumes no liability
for the operation of any vehicle or device upon such structures.
(aa) Exterior Maintenance of Buildings. The exterior portion of all buildings or
structures located on any Lot or Parcel, together with any landscaping and Common Areas
associated therewith, shall be maintained in a sightly condition. Upon a determination that a
nonconforming situation exists, the Association shall notify the Owner having specific
responsibility for the nonconforming condition and the action necessary to correct the
nonconforming condition. The Owner shall correct the nonconforming condition within 15 days
of receipt of such notice.
11.6 Stormwater Run Off Rules. All Units are subject to the State of North Carolina
rules and regulations concerning stormwater runoff as these rules and regulations may be
amended from time to time. All Units shall be subject to that certain Supplemental Declaration
to the Amended Consolidated Master Declaration and Development Plan for Sea Trail
Plantation, as recorded in Book 1941, Page 764 of the Brunswick County Registry, as the same
may be amended from time to time, which is incorporated herein by reference. Without limiting
the foregoing, Declarant or its designee, including the Architectural Review Committee, reserves
the right to impose additional restrictions upon the Property as to the extent required by the terms
of the stormwater permit for Sea Trail issued by the State of North Carolina. Such additional
restrictions may be imposed by Declarant by the recording of an amendment to this Second
Amended Declaration or a supplemental declaration, and no joinder or consent of the
Association or any other Owner, Mortagee or Person shall be required on such amendment or
supplemental declaration.
11.7 Removal of Nonconforming Condition. Any use, condition, structure or
improvement placed, allowed to exist or made of or upon any Lot or Dwelling Unit in violation of
this Article I shall be deemed to be nonconforming. Upon written request from the Board or the
Declarant, the Owner responsible for said nonconforming condition, or the owners' association to
which the Owner belongs shall, at its own cost and expense, correct such nonconforming use,
structure or improvement in accordance with the instructions of the Board or the Declarant. Should
an Owner fail to act as required, the Board, the Declarant, or its designees shall have the right to
enter the property and correct the nonconfornng condition. All costs, together with the interest at
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Brunswick County, NC Register of Deeds page 36 of 5a
the maximum rate then allowed by law, may be assessed against the Owner of the Lot or Dwelling
Unit and collected as an Individual Assessment as provided in Article 9 of this Declaration.
ARTICLE 12
EASEMENTS
12.1 Easements for Utilities. There are hereby reserved unto Declarant, so long as the
Declarant owns any property described on Exhibit A or Exhibit B, unto the Association, and
unto the designees of each, access and maintenance easements upon, across, over, and under all
of the Properties to the extent reasonably necessary for the purpose of replacing, repairing, and
maintaining any cable television system, any master television antenna system, irrigation
systems, any security and similar systems, roads, walkways, bicycle pathways, recreation
pathways, trails, ponds, lakes, wetlands, drainage systems, street lights, signage, and all utilities,
including, but not limited to, water, sewer, meter boxes, telephone, garbage pickup, and
electricity, irrigation and for the purpose of installing any of the foregoing on property which it
owns or within easements designated for such purposes in these Protective Covenants or on
recorded plats of the Properties. Any damage to a Unit resulting from the exercise of this
easement shall promptly be repaired by, and at the expense of, the Person exercising the
easement rights. Utilities may not be installed or relocated on the Properties, except as approved
by the Board or Declarant.
12.2 Easement for Utility Installation.
(a) All of the Property, including Units and Common Area, shall be subject to
a perpetual non-exclusive easement for water lines, sanitary sewers, storm drainage facilities,
telephone and electric power lines, television antenna lines, and other public utilities as shall be
established by the Declarant as may hereinafter be designated on any plat or replat of parcels
within the Residential Community whether the same be within the boundaries of any Unit(s).
(b) Easements and rights of way over and upon the rear, front and side ten
(10) feet of each Unit for drainage and the installation and maintenance of utilities and services,
including, without limitation, water, sewer, drainage and storm water runoff facilities, are
reserved to Declarant and its successors and assigns for such purposes as Declarant may deem
incident and appropriate to its overall development plan. If the side setback is less than ten (10)
feet then the reserved easement shall be the width of the setback. The easements and right of
way areas reserved by Declarant on each Unit pursuant hereto shall be maintained continuously
by the Owner, but no structures or plantings or other material shall be placed or permitted or
remain upon such areas or other activities undertaken thereon which may damage or interfere
with the installation or maintenance of utilities or other.services, or which may retard, obstruct or
reverse the flow of water or which may damage or interfere with established slope ratios or
create erosion problems. Improvements within such areas also shall be maintained by the
respective Owner except those for which a public authority or utility company is responsible.
These easements and rights expressly include the right to cut any trees, bushes or shrubbery,
make any grading of the soil, or to take any other similar action reasonably necessary in the
opinion of the Declarant to provide an economical and safe installation. The Declarant shall
have no maintenance responsibilities for such easement areas.
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IffliIIIIIIIIIIII III III III I Jill I III Rober� ?012s i19�-22swick County, NC Register of Deeds page 37 of 58
(c) The Declarant reserves a perpetual, non-exclusive easement for the
installation, maintenance and repair of water, sewer, drainage and all other utilities within the
right of way of all roads and streets and other areas as shown on the recorded plats of the
Property which easement may be exercised by Declarant or any public or private entity charged
with the responsibility of maintenance and repair.
(d) The Association hereinafter may grant easements for utility purposes for
the benefit of the Properties and the Units now or hereafter located thereon, over, under, along
and through the Common Areas. Provided, however that no such grant of easement shall have a
material adverse effect on the use, enjoyment, or value of any Unit.
12.3 Easements to Serve Additional Property. The Declarant hereby reserves for itself
and its duly authorized agents, representatives, employees, successors, assigns, licensees, and
mortgagees, an easement over the Common Areas for the purposes of enjoyment, use, access,
and development of any Future Development Property, whether or not such property is made
subject to these Protective Covenants. This easement includes, but is not limited to, a right of
ingress and egress over the Common Area for construction of roads and for connecting and
installing utilities on such property.
12.4 Easements for Cross -Drainage.
(a) Every Unit and the Common Area shall be burdened with easements for
drainage of water runoff from other portions of the Properties; provided, no Unit Owner shall
alter the drainage on any Unit so as to materially increase the drainage of water onto adjacent
portions of the Properties without the consent of the Owner of the affected property.
(b) The Properties are burdened with a permanent easement for the benefit of
the Declarant and its successors and assigns, for the stormwater runoff and drainage facilities
located on the Properties, including, without limitation, any stormwater retention ponds or
ditches. This easement includes the right to drill, install, locate, maintain and use pipes, conduits
and pumps running to the storm water retention ponds and other related facilities located on the
Properties.
12.5 Power to Grant Easements. Subject to the requirements of the Planned
Community Act, the Association shall have the power and authority to grant and to establish in,
over, upon and across the Common Area conveyed to it such further easements as are requisite
for the convenient use and enjoyment of the property.
12.6 Easement for Entry. The Association shall have the right, but not the obligation,
to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance
pursuant to Article 5 hereof, and to inspect for the purpose of ensuring compliance with the
Governing Documents which right may be exercised by any member of the Board, the
Association, officers, agents, employees, and managers, and all policemen, firemen, ambulance
personnel, and similar emergency personnel in the performance of their duties. Except in an
emergency situation, entry shall only be during reasonable hours and after notice to the Owner.
This right of entry shall include the right of the Association to enter upon any Unit to cure any
fire or other hazard in the event an Owner fails or refuses to cure the condition within a
reasonable time after request by the Board, but shall not authorize entry into any single family
54M6 37

12-08-2006
ll I II 1111111111111 Ill II I I IJill 1111111 1&k;�Deeds @ 1Robinson
fz 581
Brunswick County, NRegister
detached dwelling without permission of the Owner, except by emergency personnel acting in
their official capacities.
12.7 Easement Maintenance. All maintenance of any water, sewer or drainage
easement shall be the responsibility of the Owner of the Unit on which said easement is located.
No structure, planting or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of utilities, sewer or drainage facilities,
or which may change the direction of flow of drainage channels in the easements. The easement
area of each Unit and all improvements in it shall be maintained continuously by the owner of
the Unit, except for those improvements for which a public authority or utility company is
responsible.
12.8 Easement for Irri ag tion.
(a) There is hereby reserved for the benefit of the Declarant, the Association,
and their successors and assigns, a permanent exclusive easement and right to: (i) pump water
from the lakes, ponds, waterways, basins, water table, wells, water dependant structures and
other bodies of water located in, on or under the Properties for the purpose of irrigating any
portion of the Properties; and (ii) to drill, install, locate, maintain and use wells, pumping
stations, water towers, filtration basins and tanks and related water facilities and systems within
the Common Areas and/or lands within the Properties owned by the Declarant. The pumping or
other removal of any water from any lake, pond, or body of water wholly or partly within the
Properties, for any purpose other than fire fighting and as provided herein is prohibited without
express written permission of the Declarant and/or the Association.
(b) The Property is hereby burdened with a permanent, exclusive easement in
favor of the Declarant and its successors and assigns, for overspray and/or surface or sub -surface
flow of water from any irrigation system serving the Properties. Under no circumstances shall
the Declarant or the Association be held liable for any damage or injury resulting from said
water, or the exercise of this easement.
12.9 Easements for Owner's Ingress and Egress. Every Owner, and his or her heirs,
successors, assigns, guests and licensees, shall have a perpetual, non-exclusive easement and
right of ingress and egress over and across any of the roads and sidewalks located or to be
located within the Properties, as shown on any recorded plats of the Property, for the purpose of
providing vehicular and pedestrian access to and from the Properties. Notwithstanding the
foregoing, Declarant shall be entitled to restrict access on certain roads and sidewalks in
Declarant's discretion, and certain Villages may have restricted access and other Village -specific
rules. Accordingly, the use of such roads and sidewalks shall be subject to applicable Rules and
Regulations as well as any applicable governmental rules.
12.10 Easement for Common Area Pathways. Each Owner, and their authorized guests
or invitees, shall have a perpetual, non-exclusive easement for the use and enjoyment of bicycle
paths, pedestrian paths, or nature preserve trails, if any, which may be established by the
Declarant or the Association within the Common Area. Notwithstanding the foregoing,
Declarant shall be entitled to restrict access to the aforementioned improvements and amenities
in Declarant's discretion, and certain Villages may have Village -specific rules therefor.
Accordingly, the use of such improvements and amenities shall be subject to applicable Rules
54782.E
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B2520 P013 -?2.001
Brunswick County, NC Register of Deeds page Robinson9 of 58
and Regulations. Declarant also hereby reserves, for the benefit of owners of portions of the
Commercial Property and their respective employees, clients, licensees and invitees, a non-
exclusive easement for the use and enjoyment of bicycle paths, pedestrian paths, or nature
preserve trails, if any, which may be established by the Declarant upon the Properties, provided
that such easement shall only be applicable during daylight hours from dawn to dusk.
12.11 Common Area Easement.
(a) Every Owner of a Unit within the Properties, as an appurtenance to such
Unit, shall have a perpetual, non-exclusive easement over and upon the Common Areas within
the Properties for each and every purpose or use to which such Common Areas were intended as
determined by their type, or for which such Common Areas generally are used, including, but not
limited to, easement of access, maintenance, repair or replacement of the Common Areas. Such
easements shall be appurtenant to and shall pass with the title to every Unit located within the
Properties, whether or not specifically included in a deed thereto.
(b) An exclusive easement is hereby established in favor of Declarant over all
Common Areas for access to adjacent properties for the purposes of future development and the
installation of streets and public utilities.
12.12 Easement for Golf Courses.
(a) Each Unit, all Common Areas, which are located adjacent to any of
the golf courses currently located within the Property (the "Golf Courses'), are burdened with an
easement, permitting golf balls unintentionally to come upon such property or for golfers at
reasonable times and in a reasonable manner to come upon the property to retrieve errant golf bails
(the "Golf Course Easement"); provided, however, this provision shall not relieve golfers of liability
for damage caused by ermt golf balls. Under no circumstances shall any of the following be held
liable for any damage or injury resulting from errant golf balls or the exercise of this easement: the
Declarant; the Association or its Members; the Golf Course owner and/or operator and its
successors.
(b) The Declarant and any operator of the Golf Course, and their
respective agents, successors and assigns, shall at all times have a right and non-exclusive easement
of access and use over those portions of the Common Areas reasonably necessary to the operation,
maintenance, repair and replacement of the Golf Course.
(c) The Declarant and the operator of any Golf Course, and their respective
agents, successors, assigns, guests, vendors, invitees, licensees, employees, shall have a perpetual
easement and right of ingmss and egress over and across any of the roads in the Property, for the
purpose of providing the right of ingress and egress, for pedestrian and vehicular travel, to and from
said Golf Courses.
(d) The Declarant reserves, for itself and any operator of any Golf
Course, its successors, assigns, guests, invitees, licensees, employees and agents a perpetual
easement and right of ingress and egress over and across all areas designated as golf course cart
paths and shown on any recorded plat of the Properties. The construction, maintenance and repair
54792.6 39

,z oa-zmms
III IN III III III OR Kliso :,z.0m,
Brunswick County, KC Register of Deeds page 40 of 58
of said golf course cart paths shall be the responsibility of the Declarant and/or any operator of any
Golf Course, and its successors and assigns.
(e) The Declarant reserves, for itself and any operator of any Golf
Course, its successors and assigns, a perpetual easement within any of the road rights of way within
Sea Trail, for the establishment, repair and maintenance of directional signs relating to said Golf
Courses and shall be responsible for the cost and expenses relating to the exercise of said easement.
12.13 Easements Run with the Land. All easements and rights described herein are
easements appurtenant, running with the land, and shall inure to the benefit of and be binding on
all undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and other
person having an interest in said land, or any part or portion thereof, regardless of conveyance, or
in any mortgage or trust deed or other evidence of obligation, to the benefit of and be binding on
the undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and any other
person having an interest in said land, or any part or portion thereof, regardless of whether or not
reference to said easement is made in the respective deeds of conveyance, or in any Mortgage or
deed of trust or other evidence of obligation, to the easements and rights described in these
Protective Covenants.
ARTICLE 13
MORTGAGEE PROVISIONS
13.1 Notice to Association. Upon request, each Owner shall be obligated to furnish to
the Association the name and address of the holder of any Mortgage encumbering such Owner's
Unit.
13.2 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request
from the Board to respond to or consent to any action shall be deemed to have approved such
action if the Association does not receive a written response within thirty (30) days of the
mailing of such request, provided such request is delivered to the Mortgagee by certified or
registered mail, return receipt requested.
ARTICLE 14
DECLARANT'S RIGHTS
14.1 Transfer of Declarant's Rights. Any or all of the special rights and obligations of
the Declarant set forth in these Protective Covenants or the By -Laws may be transferred to other
Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond that
contained in these Protective Covenants or the By -Laws. No such transfer shall be effective
unless it is in a written instrument signed by the Declarant and duly recorded in the land records
of Brunswick County, North Carolina.
14.2 Rights of Declarant and Authorized Builders. Notwithstanding anything in these
Protective Covenants to the contrary, so long as sales of Units by the Declarant shall continue,
the Declarant and builders authorized by Declarant may maintain and carry on such facilities and
activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or
incidental to the construction or sale of such Units, including, but not limited to, the construction
and use of sales and business offices, signs and model units, and the use of any Common Areas
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IIII II IIIIIIIII I II III II 111111I I1 Ii 111 PERk3170:-a12PaiJ. binson
Brunswick County, NC Register of Deeds page 41 of 58
and any facilities therein. The Declarant and authorized builders shall have easements for access
to and use of such facilities.
14.3 Rights to Alter. The rights reserved by Declarant in these Protective Covenants
(including, without limitation, the right to annex property under Article 8 herein) include the
right to change or alter Unit(s), roads, utility and drainage facilities and easements, and to change
or alter such other present and proposed amenities or facilities as may in the sole judgment of the
Declarant, be necessary or desirable. The rights reserved in this Section specifically include the
right of Declarant to redesignate; change; or alter any platted Unit(s) into road(s).
ARTICLE 15
DURATION, AMENDMENT, AND TERNIINATION
15.1 Units, Persons and Entities Subject to the Protective Covenants, All present and
firiure Owners, tenants, and occupants of Units and their guests or invitees, licensees, employees
or agents, shall be subject to, and shall comply with the covenants, conditions, restrictions and
affirmative obligations set forth in these Protective Covenants, and as the Protective Covenants
may be amended from time to time. The Acceptance of a deed of conveyance or the entering
into of a lease or the entering into occupancy of any Unit shall constitute an agreement that the
provisions of these Protective Covenants are accepted and ratified by such Owner, tenant or
occupant and that they will fully comply with the terms and conditions of said Protective
Covenants.
15.2 Duration and Termination The covenants, conditions, restrictions, and affirmative
obligations of these Protective Covenants shall inure to the benefit of and be enforceable by the
Declarant, the Association, or the Owner of any Unit, their respective legal representatives, heirs,
successors and assigns, for a term of forty (40) years from the date these Protective Covenants
are recorded in the Brunswick County Registry, after which date these Protective Covenants
shall be extended automatically for successive periods of forty (40) years, unless these Protective
Covenants are terminated as provided in §47F-2-118 of the Planned Community Act (provided
that, during the Class "B" Control Period, any termination shall also require the consent of
Declarant). The covenants, restrictions, conditions and affirmative obligations of these
Protective Covenants shall run with and bind the land and shall bind any person having at any
time any interest or estate in any of the Properties as though such provision were made a part of
each and every deed of conveyance or lease.
15.3 Amendment.
(a) As long as Declarant owns any of the Property, these Protective Covenants
may be amended by Declarant in its discretion. Retention of this right by the Declarant is not
intended to materially alter the general or common scheme of development for the property
herein described, but to correct and/or modify situations or circumstances which may arise or
become apparent during the course of development. In addition, the Declarant may amend these
Protective Covenants to annex additional property and make it subject to the terms, conditions,
restrictions, obligations and covenants of these Protective Covenants as provided in Article 8
herein. Thereafter, these Protective Covenants may be amended by vote of not less than sixty-
seven percent (67%) of the Class "A" Members, and an instrument must be recorded at the
Brunswick County Registry for such an amendment to be effective.
54782.6
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iIIIIIIIIIIIII 1111 Jill 1&k;�P1134 i on:?z 001
Brunswick County, NC Register of Deeds page 42 of 58
No amendments may remove, revoke, or modify any benefit, right or privilege of
the Declarant hereunder without the written consent of the Declarant or the assignee of such right
or privilege.
15.4 Stormwater Restrictions. Notwithstanding the foregoing to the contrary,
Declarant shall be entitled to unilaterally amend these Protective Covenants as provided in
Section 11.6 herein.
ARTICLE 16
ENFORCEMENT
In the case of a failure of an Owner to comply with the terms and provisions contained in
the Governing Documents, the following relief shall be available:
16.1 Enforcement. The Association, the Declarant and any aggrieved Owner within
the Residential Community shall have the right to enforce by any proceeding at law or in equity,
all of the conditions, covenants and restrictions of these Protective Covenants and any of the
provisions of the other Governing Documents. The prevailing party shall be entitled to collect
all costs thereof, including reasonable attorney's fees (which shall be determined using
reasonable hourly rates).
16.2 Remedies. The Association shall have the right to remedy any violation of the
conditions, covenants and restrictions of these Protective Covenants or any of the provisions of
the other Governing Documents and assess the costs of remedying same against the offending
Owner as an Individual Assessment as provided in Article 9 herein.
16.3 Suspension of Rights. For any violation by an Owner of the conditions,
covenants and restrictions of these Protective Covenants or any of the provisions of the other
Governing Documents (including, but not limited to, the nonpayment of any assessment), the
Association shall, after providing the Owner with any notice and opportunity to be heard as may
be provided in the Bylaws, have the right to suspend: (a) the offending Owner's voting rights,(b)
the use by such Owner, his agents, lessees, employees, licensees, and invitees of the Common
Areas and recreational facilities in the Residential Community, and (c) any other privileges or
services provided by the Association (a-c, collectively herein called "Planned Community
Privileges") for any period during which a violation continues.
16.4 Fines. For any violation by an Owner of the conditions, covenants and
restrictions of these Protective Covenants or any provisions of the other Governing Documents
(including, but not limited to, the nonpayment of any general, special or individual assessment),
the Association shall, after providing the Owner with any notice and any opportunity to be heard
as may be provided in the Bylaws, have the right to impose reasonable fines for any period
during which a violation continues. Notwithstanding the foregoing, the Association shall not be
required to provide any Owner with notice and an opportunity to be heard in order to impose
reasonable fines for the late payment or nonpayment of any assessment which has remained
unpaid for a period of thirty (30) days or longer. The Association may establish a schedule of
fines for the violation of the conditions, covenants and restrictions of these Protective Covenants
or any of the provisions of the other Governing Documents. If an Owner does not pay the
54782.E
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IIIllllllllllll ilffll 1111111 fill 11111 RRM35 13:29:12.013:29;12.001
Brunswick County, NC Register of [Weds page 43 of 88
imposed fine within fifteen (15) days of its imposition, the fine shall be an Individual
Assessment against the property and may be enforced by the Association in accordance with
Article 9 herein and with applicable law.
16.5 Remedies Cumulative. The remedies provided by this Article are cumulative, and
are in addition to any other reredies provided by law.
16.6 Waiver. The failure of the Association or any person or Owner to enforce any
restriction _contained in these Protective Covenants, the Articles, the By -Laws or the Rules and
Regulations shall not be deemed a waiver of the right to do so thereafter.
ARTICLE 17
GENERAL PROVISIONS
17.1 Common Area and Amenities. All of the Common Area and any other park,
recreation area, recreation facility, dedicated access or other amenity appurtenant to the
Properties, whether or not shown and delineated on any recorded plat of the Properties, shall be
considered private and for the sole and exclusive use of the Owners of Units and the Owners'
families, lessees, licensees and invitees. Neither Declarant's execution nor the recording of any
plat nor any other act of Declarant with respect to such area is, or is intended to be, or shall be
construed as a dedication to the public of any such areas, facilities, or amenities.
17.2 Conflict. In the event of any irreconcilable conflict between these Protective
Covenants and any of the provisions of the other Governing Documents, the provisions of these
Protective Covenants shall control.
17.3 Severabilitv. Invalidation of any one of these covenants or restrictions by
judgment or any court, agency or legislative order shall in no way affect any other provision,
covenants, conditions or restrictions contained in these Protective Covenants.
17.4 Captions. The captions preceding the various Articles of these Protective
Covenants are for the convenience of reference only, and shall not be used as an aid in
interpretation or construction of these Protective Covenants. As used herein, the singular
includes the plural and where there is more than one Owner of a Unit, said Owners are jointly
and severally liable for the obligations herein imposed. Throughout these Protective Covenants,
references to the masculine shall be deemed to include the feminine, the feminine to include the
masculine and the neuter to include the masculine and feminine.
17.5 Use of the Phrase "Sea Trail". No Person shall use the words "Sea Trail", "Sea
Trail Plantation", "Sea Trail Golf Resort and Conference Center" or any derivative, or any
component thereof in any printed or promotional material without the Declarant's prior written
consent. However, Owners may use the words "Sea Trail" in printed or promotional matter
solely to specify that particular property is located within the Properties and the Association shall
be entitled to use the word "Sea Trail" in its name.
IlV TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed in
its corporate name as of the date first above written.
54782.6
43

Declarant:
NORTH CAROLINA
IIIIIIIIIIIIII IIII IIIII I IIIIIIIIII III -;�B2 Rai z0,
eoinon
Brunswick County, NC Register of Deeds page 44 of 58
SEA TRAIL CORPORATION
By:
Name: +Dana A. Connell
Title: Presid nt
I, ��, occrc A ! QriJTe , a Notary Public of the State
and County aforesaid, certify that Dana A. Connelly personally came before me this day and
acknowledged that she is President of SEA TRAIL CORPORATION, a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President.
WITNESS my hand and official seat this a day of v� , 2006.
-3;� Pax, z 6z
Notary Public
My commission expires:
3Z—/JI
a A2o1
C
E19ECCA A PAINTER
NOTARY PUBLIC
Brunswick County
North Carolina
54782.E
44

�#j Illlllllllllllllllllllll ����� P013712.08-�08
RJ. Rcbinson'12.001
BCounty, NC Register of Deeds page of 58
CONSENT OF MORTGAGEE
RBC CENTURA BANK, a North Carolina banking corporation, is the holder of that
certain Deed of Trust and Security Agreement and UCC Financing Statement on the property as
described in the foregoing Second Amended Consolidated Master Declaration and Development
Plan For Sea Trail Plantation, Including Covenants, Conditions and Descriptions (herein called,
"Declaration'% said Deed of Trust having been filed in Book 1560 at Page 883, in the Office of the
Register of Deeds of Brunswick County and said UCC Financing Statement No. 20020029104F
having been filed with the North Carolina Secretary of State, and as holder of said Deed of Trust
and said UCC Financing Statement does hereby consent to the terms, conditions and covenants in
the Declaration and agrees that the liens of said Deed of Trust and said UCC Financing Statement
are subject to the terms, conditions and covenants contained in said Declaration.
In witness whereof, RBC CENTURA BANK, has caused this Consent of Mortgagee
to be signed in its corporate name by its duly auized officers and its seal to be hereunto affixed
by authority of its Board of Directors, this the M day of MSR fit - } I( , 2006, and CB
SERVICES CORP, as Trustee (CB Services Corp. having been appointed Substitute Trustee by
that Substitution of Trustee recorded in Book 158-0t �Pa'ge 326, Brunswick County Registry), has
hereunto set his hand and seal, this the jL day of 1� Al "Q y , 2006.
PUB CE
By: —
Name: it-0.tc it_ r ai<ir'►_VW 1(
Title: Cu6LYIW a_ v ��t ► r— 1 ��
CB SERVI
Name: t,_
Title: "Vtre President
v U
54782.6
45

STATE OF SOUTH CAROLINA 11 l l l llllllll I II II 111 li I I l is IIl! I l III A �j !01RRi
12 29 2006
�+�'+��In 29 12.001
Brunswick County, NC Register of Deeds' nson
page 46 of 58
COUNTY OF HORRY
I, �'V '� , a Notary Public of the State and County
aforesaid, certify that ( •�(' GAV (,f f personally came before me
this day and acknowledged that he is t.W"XV_Q(j_( R (WIAX1 • of RBC Centura Bank, a L,,
f.GL.'yll1� banking corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its 1.rmm 0_NKW z A, V'*V�-
WITNESS my hand and official seal thisQl
day of (\ lDJC �.��Q .� , 200 (
ublic
My Commission Expires:
t
MICHELLE L. WRIGHT
Notary Public
State of South Carolina
,My Commission Expires April 30, 2008
STATE OF SOUTH CAROLINA
COUNTY OF HORRY
a Not Public of the State and County
aforesaid, certify that A _�2 V�JA.LC personally came before me
this day and acknowledged that he is ' mice.'Pre adextt a of CB Services Corp.,
Trustee, a (�f��(1 Ll �c 1�.t,1n� corporation, and that by authority duly given and as
the act of the corporation, the foregoing instrument was signed in its name by its`Viee President
WITNESS my hand and official seal this l day of f\)0� �t,�t �; ;f" , 200(p.
My Commission Expires:
MICHELLE L. WRIGHT
Notary Public
State of South Carolina
My Corrimission Expires April 30, 2008
54782.0 46

12 08-2006
I i IIlIIIIIII III III II I IIIIII III I �I R82520 obertphi o i son:,2.00,
Brunswick County, NC Register of Deeds page 47 of sa
E7MIT A
The Property
BEING ALL of that real property which previously has been submitted to the jurisdiction of the
Sea Trail Plantation Master Association, Inc. and the Amended Consolidated Master Declaration
and Development Plan Including Covenants, Conditions and Restrictions for Sea Trail Plantation
recorded in Book 793, Page 82, Brunswick County Registry, as the same may have been
amended and/or supplemented from time to time.
547V-6
47

12 08-2006
11111111 Jill III 1111111111111111 B2520 P0140i :2 :12,001
Brunswick County, NC Register of Deeds page 48 of 58
EXHIBIT B
The Future Development Property
BEING ALL OF THOSE TRACTS OR PARCELS OF PROPERTY LOCATED IN Shallotte
Township, Brunswick County, North Carolina, and being more particularly described as follows:
TRACT ONE: BEING the property known as "Seaside South Tract" as shown on a survey
dated December 12, 1976 by W. E. Gilbert & Associates, Inc., Engineers, entitled "Survey of
Seaside South Tract, Located in Brunswick County, N.C., for International Paper Co." (Sheets 1
and 2) composed of three parcels described as follows:
Parcel A Commencing at the intersections of the center line of County Road Number 1172 and
Highway Number 904, run thence South 27 degrees 55 minutes 13 seconds West 49.60 feet to
the southwestern corner of the intersection of said roads, also the same being the intersection of
the southern line of County Road Number 1172 with the western line of County Road Number
1162, the point and place of BEGINNING; runs thence from said point of BEGINNING along
the western line of County Road Number 1162 (incorrectly shown on the survey as a
continuation of Highway Number 904) the following courses and distances: (1) South 09
degrees 18 minutes 00 seconds East 1264.34 feet to a point; (2) along a curve to the right having
a radius of 1106.78 feet a distance of 242.43 feet to a point; and (3) South 02 degrees 53 minutes
18 seconds East 280.57 feet to an iron pin; runs thence leaving said road right of way South 88
degrees 18 minutes 21 seconds West 911.97 feet to an iron pipe in the center line of a creek; runs
thence down the center line of said creek the following courses and distances: (1) South 11
degrees 06 minutes 10 seconds West 175.85 feet to an iron pin, (2) South 14 degrees 36 minutes
39 seconds East 352.40 feet to a point; (3) South 09 degrees 52 minutes 14 seconds East 127.57
feet to a point; (4) South 19 degrees 05 minutes 01 seconds East 227.30 feet to a point (5) South
03 degrees 28 minutes 19 seconds East 136.58 feet to a point, (6) South 05 degrees 17 minutes
41 seconds West 79.77 feet to a point and (7) South 31 degrees 51 minutes 01 seconds West
167.54 feet to a point; run thence leaving the center of said creek South 77 degrees 43 minutes
42 seconds West 925.97 feet to a point in the center of a dirt road; runs thence along the center
line of said dirt road North 04 degrees 34 minutes 40 seconds East 731.52 feet to a point; runs
thence along the northern line of a 60 foot road the following courses and distances: (1) South
80 degrees 52 minutes 20 seconds West 4209.78 feet to a point; (2) South 80 degrees 48 minutes
00 seconds West 100.50 feet to a point, and (3) South 80 degrees 42 minutes 10 seconds West
1840.19 feet to a point where the northern line of said 60 foot road intersects the eastern line of
Sunset Boulevard, County Road Number 1172; runs thence along the eastern and southerly lines
of Sunset Boulevard the following courses and distances: (1) North 07 degrees 29 minutes 12
seconds East 1183.09 feet to a point; (2) along a curve to the right having a radius of 912.52 feet
to a distance of 1113.34 feet to a point, (3) North 77 degrees 23 minutes 30 seconds East 2387.67
feet to a point (4) North 77 degrees 11 minutes 30 seconds East 3139.59 feet to a point and (5)
North 77 degrees 02 minutes 30 seconds East 1317.36 feet to a point, the point and place of
beginning and containing, according to the above referenced survey, 350.19 acres.
For back reference see Deed Book 364 at Page 413, Brunswick County Registry.
54792.6 48

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Brunswick County, NC Register of Deeds page 49 of 58
Parcel B Commencing at the northeastern corner of the intersection of County Road Number
1186 and Sunset Boulevard, County Road Number 1172, the southeastern corner of the Fire
Station Property, runs thence along the eastern line of the Fire Station Property and the western
line of Sunset Boulevard North 07 degrees 29 minutes 12 seconds East 518.39 feet to an iron
pipe, the northeastern corner of the Fire Station Property and the same being the point and place
of BEGINNING; runs thence along the line of the Fire Station Property the following courses
and distances: (1) South 81 degrees 12 minutes 08 seconds West 180.98 feet to an iron pin; (2)
South 81 degrees 12 minutes 08 seconds West 190.81 feet to a point; (3) South 10 degrees 56
minutes 15 seconds West 530.64 feet to a point in the northern linc of County Road Number
1186; runs thence along the northern line of County Road Number 1186 South 80 degrees 56
minutes 15 seconds West 1035.55 feet to an iron pin, the southwestern corner of the City Hall
Property; runs thence along the northern line of said City Hall Property and the property of , now
or formerly, Ed Gore, North 67 degrees 31 minutes 25 seconds West 1414.44 feet to a point in
the eastern line of Lakeview Drive, runs thence along the easterly and northerly lines of
Lakeview Drive the following courses and distances (1) North 30 degrees 37 minute 00 seconds
West 562.67 feet to a point; (2) North 60 degrees 59 minutes 40 seconds West 338.19 feet to a
point; (3) North 85 degrees 54 minutes 40 seconds West 814.27 feet to a point (4) North 81
degrees 36 minutes 40 seconds West 279.39 feet to a point (5) South 63 degrees 59 minutes 00
seconds West 802.53 feet to a point; and (6) North 70 degrees 06 minutes 20 seconds West
748.35 feet to a point where the northern line of Lakeview Drive intersects the eastern line of a
60 foot right of way leading to Sunset Lakes Subdivision; runs thence along the eastern line of
said 60 foot right of way lcading to Sunset Lakes Subdivision, North 19 degrees 44 minutes 00
seconds East 704.59 feet to a point and North 39 degrees 26 minutes 40 seconds East 227.82 feet
to a point in the southern line of Sunset Lakes Subdivision, runs thence along the southern line of
Sunset Lakes Subdivision the following courses and distances (1) South 77 degrees 40 minutes
16 seconds East 51.33 feet to an iron pin (2) North 86 degrees 33 minutes 20 seconds East
675.95 feet to an iron pin (3) North 80 degrees 03 minutes 36 seconds East 1447.32 feet to an
iron pin; and. (4) South 81 degrees 46 minutes 00 seconds East 630.83 feet to an iron pin, runs
thence South 84 degrees 55 minutes 43 seconds East 473.45 feet to a point in the center line of
Old Stage Road; runs thence along the center line of Old Stage Road the following courses and
distances: (1) North 66 degrees 13 minutes 00 seconds East 509.98 feet to a point (2) North 64
degrees 37 minutes 00 seconds East 358.75 feet to a point (3) North 59 degrees 48 minutes 40
seconds East 180.69 feet to a point (4) North 72 degrees 14 minutes 30 seconds East 236.90 feet
to a point; (5) North 65 degrees 27 minutes 50 seconds East 262.23 feet to a point (6) North 85
degrees 46 minutes 30 seconds East 368.32 feet to a point (7) South 85 degrees 59 minutes 10
seconds East 341.19 feet to a point, (8) North 88 degrees 34 minutes 00 seconds East 361.61 feet
to a point and (9) South 88 degrees 18 minutes 30 seconds East 819.50 feet to a point in the
northwesterly line of Sunset Boulevard; runs thence along the northerly and westerly lines of
Sunset Boulevard the following courses and distances: (1) along a curve to the left having a
radius of 987.52 feet a distance of 1319.85 feet to a point, and (2) South 07 degrees 29 minutes
12 seconds West 1212.23 feet to the point and place of Beginning and containing in accordance
with the above referenced survey 226.48 acres.
Parcel Q Commencing at the intersection of the center line of Lakeview Drive with the center
line of County Road Number 1186, runs thence South 86 degrees 06 minutes 18 seconds West
264.36 feet to a point on the northern line of County Road 'Numbcr 1186, common corner with
the property of, now or formerly, Ed Gore, the point and place of BEGINNING; runs thence
from said point of Beginning along the northern line of County Road Number 1186 the following
54782.E
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IIIIIIII lillll IIII III II I HIM 1111111 RIna ober PI. Rob
in on 12"001
Brunswick County, NC Register of Deeds page 50 of 58
courses and distances: (1) South 72 degrees 44 minutes 00 seconds West 187.66 feet to a point
(2) South 72 degrees 36 minutes 20 seconds West 899.21 feet to a point; (3) South 87 degrees 51
minutes 20 seconds West 371.65 feet to a point; and (4) North 79 degrees 29 minutes 40 seconds
West 498.20 feet to a point where the northerly line of County Road Number 1186 intersects the
center line of a dirt road; runs thence along the center line of said dirt road North 15 degrees 36
minutes 40 seconds West 591.21 feet to a point in the center line of Old State Road; runs thence
along the center line of Old Stage Road the following courses and distances: (1) North 71
degrees 51 minutes 00 seconds East 358.82 feet to a point (2) North 43 degrees 37 minutes 20
seconds East 232.85 feet to a point (3) North 53 degrees 06 minutes 40 seconds East 147.11 feet
to a point, (4) North 33 degrees 52 minutes 40 seconds East 103.67 feet to a point; (5) North 54
degrees 16 minutes 20 seconds East 204.24 feet to a point; (6) North 81 degrees 03 minutes 20
seconds East 207.39 feet to a point (7) North 68 degrees 57 minutes 20 seconds East 282.66 feet
to a point (8) North 43 degrees 48 minutes 40 seconds East 211.55 feet to a point (9) North 70
degrees 13 minutes 20 seconds East 367.14 feet to a point (10) North 51 degrees 52 minutes 20
seconds East 112.72 feet to a point; (11) North 83 degrees 12 minutes 00 seconds East 293.27
feet to a point; (12) North 75 degrees 03 minutes 00 seconds East 185.41 feet to a point, (13)
North 61 degrees 14 minutes 20 seconds East 244.34 feet to a point and (15) North 64 degrees 22
minutes 13 seconds East 214.53 feet to a point in the marsh; runs thence North 15 degrees 28
minutes 02 seconds West 630.03 feet to a point in the edge of the marsh, runs thence along the
edge of marsh the following courses and distances: (1) North 23 degrees 54 minutes 08 seconds
East 131.53 feet to a point; (2) North 70 degrees 19 minutes 00 seconds East 116.41 feet to a
point; (3) North 36 degrees 17 minutes 35 seconds East 237.95 feet to a point (4) South 87
degrees 07 minutes 05 seconds East 134.77 feet to a point (5) North 77 degrees 29 minutes 55
seconds East 97.72 feet to a point (6) North 67 degrees 14 minutes 53 seconds East 80.56 feet to
a point (7) North 67 degrees 14 minutes 53 seconds East 27.94 feet to a point; (8) South 49
degrees 45 minutes 16 seconds East 373.93 feet to a point; and (9) South 77 degrees 40 minutes
16 seconds East 54.31 feet to a point in the westerly line of a 60 foot right of way leading from
Lakeview Drive to Sunset Lakes Subdivision; runs thence along the Westerly line of said 60 foot
right of way the following courses and distances: (1) South 39 degrees 26 minutes 40 seconds
West 207.52 feet to a point (2) South 19 degrees 44 minutes 00 seconds West 726.67 feet to a
point where the western line of said 60 foot right of way intersects the northern line of Lakeview
Drive; runs thence along the northern line of Lakeview Drive the followings courses and
distances: (1) South 82 degrees 22 minutes 00 seconds West 369.72 feet to a point (2) South 58
feet 06 minutes 20 seconds West 271.22 feet to a point; (3) South 61 degrees 53 minutes 20
seconds West 277.88 feet to a point; (4) South 17 degrees 30 minutes 20 seconds West 433.50
feet to a point; and (5) South 04 degrees 33 minutes 40 seconds East 601.49 feet to a point,
corner with the property of, now or formerly, Ed Gore; runs thence along the line of said Gore
property South 40 degrees 44 minutes 00 seconds West 329.71 feet to the point and place of
BEGINNING and containing in accordance with the above referenced survey 76.78 acres;
SAVING AND EXCEPTING a non-exclusive easement for ingress, egress, and regress for
access and roadway uses over a sixty (60) foot wide strip of land extending sixty (60) feet
easterly or and parallel to the following described line:
BEGINNING at the southwestern comer of Tract I, Parcel C hereinabove described, the
intersection of the northern line of County Road Number 1186 and the center line of a dirt road
shown on the above referenced survey; runs thence North 15 degrees 36 minutes 40 seconds
West 591.21 feet to a point in the center of Old Stage Road.
54792.6 S0

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BZ5Z0 P0143 13-29-12.001
9runswick County, NC Register of Deeds
Robinson
page 51 of 58
TRACT TWO: All those certain tracts or parcels of land situated in Brunswick County ,North
Carolina, being the property shown as "A Portion of the Seaside Tract" on a survey dated
August, 1977 by Patrick A. Allen, registered land surveyor, composed of two parcels described
as follows:
Parcel D Beginning at the northwest corner of the intersection of State Road 1172 (Sunset
Boulevard) and N. C. Highway 904, running thence (1) North 9 degrees 41 minutes 10 seconds
West 1084.21 feet to a point; thence westerly through lands now or formerly of International
Paper Company the following courses and distances (2) South 72 degrees 27 minutes 11 Seconds
West 354.63 feet to a point; thence (3) South 76 degrees 02 minutes 19 seconds West 1708.34
feet to a point; thence (4) South 42 degrees 50 minutes 34 seconds West 349.91 feet to a point,
thence (5) South 86 degrees 09 minutes West 959.43 feet to a point; thence (6) South 88 degrees
05 minutes 37 seconds West 267.74 feet to a point; thence (7) North 56 degrees 26 minutes 48
seconds West 234.82 feet to a point, thence (9) North 01 degrees 42 minutes 52 seconds West
202.48 feet to a point, thence (9) North 42 degrees 53 minutes 50 seconds West 411.28 feet to a
point, thence (10) North 49 degrees 34 minutes 28 seconds West 122.51 feet to a point; thence
(11) South 51 degrees 26 minutes 54 seconds West 684.23 feet to a point; thence (12) South 66
degrees 16 minutes 00 seconds West 777.06 feet to a point; thence (13) South 71 degrees 09
minutes 00 seconds West 466.06 feet to an old iron pipe; thence (14) South 81 degrees 59
minutes 50 seconds West 126.90 feet to a point; thence (15) South 78 degrees 31 minutes 50
seconds West 110.66 feet to a point; thence (16) South 58 degrees 55 minutes 30 seconds West
96.92 feet to a point; thence (17) South 82 degrees 10 minutes 50 seconds West 387.07 feet to a
point; thence (18) South 72 degrees 58 minutes 50 seconds West 363.37 feet to a point; thence
(19) South 77 degrees 01 minutes 35 seconds West 343.96 feet to a point; thence (20) South 54
degrees 37 minutes 05 seconds West 428.68 feet to a point; thence (21) North 83 degrees 16
minutes 55 seconds West 185.26 feet to a point; thence (22) South 43 degrees 27 minutes 35
seconds West 246.72 feet to a point; (23) South 37 degrees 41 minutes 40 seconds East 99.54
feet to a point; thence (24) South 78 degrees 22 minutes 35 seconds West 237.38 feet to a point;
thence (25) North 46 degrees 57 minutes 25 seconds West 183.44 feet to a point; thence (26)
South 82 degrees 23 minutes 50 seconds West 231.14 feet to a point; thence (27) South 87
degrees 21 minutes 32 seconds West 268.78 feet to a point; thence (28) South 44 degrees 30
minutes 35 seconds West 429.33 feet to a point; thence (29) North 85 degrees 59 minutes 02
seconds West 154.40 feet to a point; thence (30) South 48 degrees 25 minutes 58 seconds West,
136.16 feet to a point; thence (31) South 63 degrees 06 minutes 55 seconds West, 140.43 feet to
a point; thence (32) South 17 degrees 08 minutes 15 seconds East 105.52 feet to a point; thence
along the edge of flood water of the Calabash River (33) South 47 degrees 50 minutes 30
seconds West 119.92 feet to a point; thence (34) South 37 degrees 05 minutes 15 seconds West
189.29 feet to a point; thence (35) South 59 degrees 54 minutes 30 seconds West 352.69 feet to a
point; thence (36) South 26 degrees 06 minutes 15 seconds West 206.74 feet to a point; thence
(37) South 72 degrees 36 minutes 23 seconds West 284.27 feet to an old iron pipe and a corner
of lands now or formerly designated as Sunset Lakes Subdivision,; thence (38) South 06 degrees
52 minutes 35 seconds West 137.82 feet to an old iron pipe; thence, (39) South 85 degrees 02
minutes 37 seconds East 472.87 feet to a corner of lands now or formerly of Sea Trail Corp.;
thence (40) North 66 degrees 04 minutes 00 seconds East 509.69 feet to a point; thence (41)
North 62 degrees 50 minutes 55 seconds East 539.10 feet to a point on or in Old Stage Road;
thence (42) North 73 degrees 14 minutes 55 seconds East 200.73 feet to appoint; thence (43)
North 65 degrees 22 minutes 00 seconds East 298.51 feet to a point; thence (44) North 85
54782.6
51

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11 {III{{{{I1{{{{III1II11II ,L7LIG r�Jl'} n:zs:,a.0m1
Robert J. Robinson
Brunswick County, NC Register of Deeds page 52 of 58
degrees 37 minutes 10 seconds East 368.32 feet to a point; thence (45) South 86 degrees 08
minutes 50 seconds East 341.23 feet to a point; thence, (46) North 88 degrees 25 minutes 25
seconds East 361.71 feet to a point; thence (47) South 88 degrees 27 minutes 20 seconds East
792.34 feet to a point on the northerly right of way of State Road 1172 (Sunset Boulevard);
thence along said right of way (48) North 77 degrees 15 minutes 10 seconds East 151.18 feet;
thence (49) North 77 degrees 15 minutes 10 seconds East 2148.09 feet to a point; thence (50)
North 77 degrees 02 minutes 30 seconds East 1173.12 feet to a point; thence (51) North 77
degrees 02 minutes 30 seconds East 1966.15 feet to a point; thence (52) North 76 degrees 52
minutes 40 seconds East 1322.05 feet to the point of beginning, containing a total of 258.09
acres with .48 acres thereof being excepted as shown on the above -referenced survey, leaving a
net acreage total of 257.61 acres.
SAVE AND EXCEPT from the above -described Parcel D that certain tract more particularly
described as follows:
Commencing at the northwest corner of the intersection of State Road 1172 (Sunset
Boulevard) and N.C. Highway 904 and proceeding thence the first 28 courses and distances
described above to a point on the run of the Calabash River Head Water; thence South 40
degrees 07 minutes 14 seconds East 217.74 feet to the point of BEGINNING, running thence
South 43 degrees 13 minutes 56 seconds East 146.55 feet to a point; thence South 61 degrees 47
minutes 10 seconds West 182.71 feet to a point, thence North 32 degrees 06 minutes 23 seconds
West 104.53 feet to a point; thence North 47 degrees 58 minutes 44 seconds East 156.35 feet to
the point and place of beginning containing .48 acres.
Parcel E: BEGINNING at a point, said point being located in the Eastern most line of the D.E.
Stanaland property and the Western most line of the Metcalf property, and said point being
further identified as being 25.54 feet South 71 degrees 51 minutes 50 seconds West from the
North West corner of Seaside C. From the beginning point as thus described with the old D.E.
Stanaland-Metcalf marked line with the following courses and distances: North 16 degrees 52
minutes 31 seconds West 427.30 feet, North 16 degrees 32 minutes 30 seconds West 698.93 feet,
North 17 degrees 09 minutes 26 seconds West 349.34 feet, North 16 degrees 46 minutes 43
seconds West 998.88 feet, North 16 degrees 45 minutes 03 seconds West 527.15 feet to pointers
located in the Southern marsh line of the Calabash River; thence with the Southern marsh line of
the Calabash River the following courses and distances; South 73 degrees 56 minutes 16 seconds
East 135.47 feet, North 60 degrees 34 minutes 21 seconds East 206.24 feet, South 87 degrees 29
minutes 15 seconds East 280.38 feet, South 50 degrees 43 minutes 15 seconds East 291.85 feet,
South 40 degrees 59 minutes 50 seconds East 902.03 feet crossing a slaugh to a point in the
Southern edge of the marsh, North 83 degrees 41 minutes 34 seconds East 707.94 feet, South 37
degrees 50 minutes 35 seconds East 161.0 feet, South 85 degrees 33 minutes 49 seconds East
449.41 feet, South 21 degrees 51 minutes 35 seconds East 354.04 feet, North 57 degrees 18
minutes 23 seconds West 211.26 feet, South 75 degrees 50 minutes 49 seconds East 246.28 feet,
South 52 degrees 57 minutes 25 seconds East 573.92 feet to a point; thence leaving the edge of
the marsh South 63 degrees 36 minutes 05 seconds West 94.64 feet, thence South 64 degrees 57
minutes 40 seconds West 119.66 feet to a point in the Northern edge of the Old Stage Road;
thence with the Old Stage Road the following courses and distances; South 61 degrees 14
minutes 20 seconds West 244.34 feet, South 75 degrees 02 minutes 35 seconds West 185.21 feet;
South 83 degrees 11 minutes 15 seconds West 293.21 feet, South 51 degrees 51 minutes 15
seconds West 112.78 feet, South 70 degrees 12 minutes 25 seconds West 367.13 feet, South 43
54782.6 52

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19:29:12.001
J. inson
Brunswick County, NC Register of Deeds page 53 of 58
degrees 48 minutes 40 seconds West 211.58 feet, South 68 degrees 57 minutes 30 seconds West
282.67 feet, South 81 degrees 04 minutes 00 seconds West 207.44 feet, South 54 degrees 16
minutes 50 seconds West 204.30 feet, South 33 degrees 52 minutes 40 seconds West 103.64 feet,
South 53 degrees 06 minutes 10 seconds West 147.01 feet, South 43 degrees 36 minutes 45
seconds West 232.80 feet; thence leaving the Old Stage Road South 71 degrees 51 minutes 50
seconds West 384.60 feet to the place and point of beginning and containing 106.99 acres
according to a survey for International Paper Company August 1977, by Patrick A. Allen, R.L.S.
For back reference see Deed Book 381 at Page 298, Brunswick County Registry.
TRACT THREE: Tract B: Beginning at a new iron pipe, located the following courses and
distances from a railroad spike located in the intersection of State Road 1163 and N.C. 904;
thence running with the center line of N.C. 904, South 8 degrees 28 minutes 29 seconds East,
334.89 feet to a nail and cap; thence South 3 degrees 37 minutes 19 seconds East, 2091.59 feet to
a nail and cap; thence South 3 degrees 41 minutes 45 seconds East 1952.46 feet to a nail and cap;
thence South 4 degrees 17 minutes 49 seconds East, 264.40 feet, to a nail and cap; thence South
5 degrees 16 minutes 43 seconds East 279.91 feet to a nail and cap; thence South 7 degrees 28
minutes 39 seconds East 240.73 feet to a nail and cap; thence South 9 degrees 37 minutes 41
seconds East 1051.47 feet to a nail and cap; thence leaving said center line of N.C. 904 and
running South 80 degrees 31 minutes 32 seconds West 30 feet to an iron pipe; said iron pipe
being the northeastern comer of Seatrail Corporation's land; thence running with and along a
ditch the following courses and distances: South 72 degrees 39 minutes 53 seconds West; 354.63
feet South 76 degrees 15 minutes 1 second West 1708.34 feet South 43 degrees 3 minutes 16
seconds West 349.91 feet; South 86 degrees 21 minutes, 42 seconds West 959.43 feet; South 88
degrees 18 minutes 19 seconds West 267.74 feet North 56 degrees 14 minutes 6 seconds West
234.82 feet North 1 degree 30 minutes 10 seconds West 202.48 feet North 42 degrees 41 minutes
8 seconds West 411.28 feet North 49 degrees 21 minutes 46 seconds West, 122.51 feet South 51
degrees 39 minutes 36 seconds West, 684.23 feet South 66 degrees 28 minutes 42 seconds West,
777.06 feet; South 71 degrees 12 minutes 42 seconds West, 466.06 feet; South 82 degrees 12
minutes 32 seconds West, 5.27 feet to an iron pipe; thence leaving said ditch, runs thence North
1 degree 5 minutes 29 seconds West 1175.8 feet, the place and point of beginning; from said
place and point of beginning thus located, runs thence North 79 degrees 5 minutes 52 seconds
East, 1912.01 feet to a point located east of a Brunswick Electric Membership Corporation right-
of-way easement; runs thence North 40 degrees 13 minutes 21 seconds West, 479.42 feet to an
old iron pipe; runs thence North 34 degrees 21 minutes 20 seconds West, 344.01 feet to an old
iron pipe; runs thence North 32 degrees 43 minutes 37 seconds West, 472 feet to an old iron
pipe; runs thence North 36 degrees 28 minutes 38 seconds West, 779.83 feet to a new iron pipe;
runs thence North 6 degrees 31 minutes 45 seconds West, 505.36 feet to an old iron pipe; runs
thence North 9 degrees 7 minutes 28 seconds West, 478.92 feet to an old iron pipe; runs thence
North 21 degrees 37 minutes 30 seconds West, 320.63 feet to an old iron pipe; runs thence North
25 degrees 56 minutes 44 seconds West 415.41 feet to an old iron pipe; runs thence North 14
degrees 2 minutes 8 seconds West, 406.88 feet to an old iron pipe; runs thence North 7 degrees
19 minutes 4 seconds West, 356.39 feet to an old iron pipe; runs thence North 0 degrees 47
minutes 32 seconds East, 776,97 feet to an old iron pipe located in the center line of State Road
1163 (60 foot right-of-way); runs thence with the center line of State Road 1163 the following
courses and distances; North 84 degrees 20 minutes 39 seconds West, 1751.23 feet to an old iron
pipe; runs thence South 89 degrees 47 minutes 3 seconds West, 428.37 feet to an old iron pipe;
runs thence South 84 degrees 5 minutes 34 seconds West, 684.33 feet to an old iron pipe; runs
54782.6
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Robert J. Robinson
Brunswick County, NC Register of Deeds page 54 of 58
thence South 80 degrees 10 minutes 13 seconds West, 261.18 feet to an old iron pipe; runs
thence South 72 degrees 31 minutes 41 seconds West, 199.70 feet to an old iron pipe; runs
thence South 65 degrees 54 minutes 5 seconds West, 200.08 feet to an old iron pipe; runs thence
South 62 degrees 10 minutes 47 seconds West, 1609.76 feet to a new iron pipe located at the
point where the run of Crooked Gulley Branch crosses State Road 1163; runs thence leaving the
center line of State Road 1163 the following courses and distances with and along Crooked
Gulley Branch; South 4 degrees 8 minutes 21 seconds East, 120.74 feet to an old iron pipe;
South 6 degrees 39 minutes 33 seconds West, 1099.06 feet to an old iron pipe; South 6 degrees
54 minutes 27 seconds West, 334.62 feet to an old iron pipe; thence South 19 degrees 57 minutes
28 seconds East, 348.66 feet to an old iron pipe; South 30 degrees 28 minutes 3 seconds West
498.29 feet to an old iron pipe; South 5 degrees 30 minutes 20 seconds East, 551.35 feet to an
old iron pipe; South 44 degrees 49 minutes 19 seconds East, 343.67 feet to an old iron pipe;
South 27 degrees 8 minutes 40 seconds West, 278.83 feet to an old iron pipe next to a marked
ash tree; thence leaving Crooked Gulley Branch, runs South 21 degrees 5 minutes 30 seconds
East 2275.76 feet to an old iron pipe; runs thence South 6 degrees 9 minutes 51 seconds West,
1275.06 feet to an old iron pipe; runs thence South 6 degrees 43 minutes 59 seconds West,
256.27 feet to an old iron pipe; runs thence South 7 degrees 21 minutes 10 seconds West 564.69
feet to the run of Calabash Swamp; thence running with and along the run of Calabash Swamp
these various courses and distances: North 70 degrees 59 minutes 59 seconds East, 291.37 feet;
North 26 degrees 18 minutes 57 seconds East, 206.74 feet; North 60 degrees 7 minutes 12
seconds East, 352.69 feet; North 37 degrees 17 minutes 57 seconds East 189.29 feet; North 48
degrees 3 minutes 12 seconds East, 119.92 feet; North 16 degrees 55 minutes 33 seconds West,
105.52 feet; North 63 degrees 19 minutes 37 seconds East, 140.43 feet; North 48 degrees 38
minutes 40 seconds East, 136.16 feet; South 85 degrees 46 minutes 20 seconds East, 154.40 feet;
North 44 degrees 43 minutes 17 seconds East, 429.33 feet; North 87 degrees 34 minutes 14
seconds East, 268.78 feet; North 82 degrees 36 minutes 32 seconds East, 231.14 feet; South 46
degrees 44 minutes 43 seconds East, 183.44 feet; North 78 degrees 35 minutes 17 seconds East,
237.38 feet; North 37 degrees 28 minutes 58 seconds West 99.54 feet; North 43 degrees 4
minutes 17 seconds East 246.72 feet; South 83 degrees 44 minutes 13 seconds East, 185.26 feet;
North 54 degrees 49 minutes 47 seconds East, 428.68 feet; North 77 degrees 14 minutes 17
seconds East, 313.08 feet to an old iron pipe; thence leaving the run of Calabash Swamp, North 3
degrees 35 minutes 30 seconds West, 1421.70 feet to an old iron pipe; runs thence North 85
degrees 7 minutes 45 seconds West, 1065.89 feet to an old iron pipe; runs thence North 1 degree
6 minutes 18 seconds West, 771.77 feet to an old iron pipe; runs thence South 84 degrees 57
minutes 43 seconds East, 1032.57 feet to an old axle; runs thence North 4 degrees 35 minutes 43
seconds West, 2132.39 feet to an old iron pipe; runs thence North 88 degrees 39 minutes 21
seconds East, 1304.82 feet to an old iron pipe; runs thence South 1 degree 5 minutes 29 seconds
East, 2929.18 feet to the place and point of beginning.
Save and excepting the Pleasant View Baptist Church Cemetery Tract containing 2.234 acres and
20 foot Easement Road from S.R 1163 to Pleasant View Baptist Cemetery containing 0.421
acres as shown on map prepared by Jan K. Dale, R.L.S. recorded in Map Cabinet Q at Page 188
and 189; also Brunswick Electric Membership easement containing 2.360 acres as described in
Deed Book 485 at Page 160, Brunswick County Registry and right-of-way area of S.R. 1163.
AND being the same property as was conveyed by Odell Williamson and wife, Virginia A.
Williamson to Sea Trail Corporation by deed dated 15 September 1986, recorded in Deed Book
662 at Page 828, Brunswick County Registry.
54782.E
54

Ill�ill��l�I'��Illlll�il�l��ll���l�ll 1z em gems
82570 R014Z 13.2B:12.mm1
Robert 1. Robinson
Brunswick County, NC Register of Deeds page 55 of 58
AND EXCEPTING that certain out conveyance to Odell DeCarol Williamson et als containing
1.21 acres, more or less, as more particularly described in a survey plat recorded in Map Cabinet
V at Page 65, Brunswick County Registry.
Exception is noted for that certain Boundary Line Agreement and Street Agreement between Sea
Trail Corporation and Odell DeCarol Williamson et als recorded in Book 821 at Page 243,
Brunswick County Registry.
TRACT FOUR. -
All right, title and interest of Sea Trail Corporation in and to a certain roadway and easement
described in a Deed and Declaration of Mutual Right of Way and Easement between Odell
Williamson and wife, Virginia A. Williamson and Sea Trail Corporation dated 15 September
1986 and recorded in Deed Book 662 at Page 835 in the Office of the Register of Deeds for
Brunswick County, North Carolina, to which reference is made for greater certainty of
description thereof.
TRACT FIVE:
All right, title and interest of Sea Trail Corporation in and to all property lying east of and
between a line shown as line "A" to "B" and a sixty foot (60') right-of-way (centerline) as shown
on a survey plat recorded in Map Cabinet U at Page 204. Brunswick County Registry, and being
the same property as was conveyed by Odell Williamson et ux to Sea Trail Corporation under
deed dated 15 September 1986, recorded in Book 662 at Page 828, Brunswick County Registry.
TRACT SIX:
BEING all of Parcel A containing 53.18 acres according to the survey by Patrick A. Allen,
R.L.S., a plat of which duly appears in Map Cabinet R at Page 122 of the Brunswick County
Registry.
This conveyance is made SUBJECT to a one -eighth (1/8) non -participating royalty interest in oil,
gas and associated hydrocarbons and an undivided one-half (1/2) in any and all bonus
considerations, rentals, royalties and other payments provided for in any mineral lease or leases
executed by the Grantee, its heirs, successors and assigns, covering those minerals all as
described in Deed Book 611 at Page 411, Brunswick County Registry. For back reference see
Deed Book 995 at Page 1, Brunswick County Registry.
TRACT SEVEN:
BEING all of that certain 60.946 acre parcel of property according to a survey by Jan K. Dale,
R.L.S., dated May 20, 1987, a plat of which duly appears in Map Cabinet R at Page 318 of the
Brunswick County Registry.
For back reference see deeds recorded in Deed Book 694 at Page 173; Book 694 at Page 410;
and Book 697 at Page 184, Brunswick County Registry.
54782.6
55

�II f(I ���II IIIiI��IIIIII�III�I� IIII �%� A !�148
13:2S:12.0 13:29:12.001
Brunswick County, NC Register of bDeeds page s of 58
TRACT EIGHT:
Parcel A: BEGINNING at an iron pipe in the northern right-of-way line of Shoreline Drive
West, run thence with Shoreline Drive South 79 degrees 30 minutes West 246.8 feet to an iron
pipe; thence North 10 degrees 30 minutes West 150 feet to an iron pipe on the property line of
International Paper Company; thence South 69 degrees 13 minutes East with the International
Paper Company line a distance of 288.5 feet to the place and point of beginning, according to a
survey recorded in Book 252 at Page 277 of the Brunswick County Registry. This being the
same property conveyed to the Town of Sunset Beach by deeds recorded in Book 252 at Page
224 and Book 965 at Page 273 of the Brunswick County Registry.
Parcel B: BEGINNING at an iron pipe in the northern right-of-way line of Shoreline Drive
(N.C. 179), said iron pipe being located North 79 degrees 30 minutes East 295.16 feet from the
intersection of the northern right-of-way line of Shoreline Drive with the western right-of-way
line of Canal Avenue extended; from said point of beginning run thence North 10 degrees 30
minutes West 150 feet to a new iron pipe; run thence South 79 degrees 30 minutes West 246.87
feet to a point; run thence South 69 degrees 13 minutes East 288.95 feet to the point and place of
beginning, containing .43 acre, more or less. This being the same property conveyed to the
Town of Sunset Beach by deed recorded in Book 593 at Page 453 of the Brunswick County
Registry.
For back reference see Deed Book 1019 at Page 1047, Brunswick County Registry.
TRACT NINE:
BEGINNING at the Northeastern intersection of Bonaparte Landing Road and Twin Lakes
Road; runs thence with the eastern line of the Bonaparte Landing Road North 37-1/2 degrees
West 460 feet to a stake in the southern line of Lot No. 8C; thence North 65-1/4 degrees East
with the southern line of Lot 8C 435 feet to a stake; thence South 32 degrees East 360 feet to a
stake in the northern line of the Twin Lakes Road; thence with the northern line of the Twin
Lakes Road South 50-3/4 degrees West 380 feet to the BEGINNING, and being a portion of Lot
No. 9C of the division of the D. E. Stanaland heirs located in Colkins Neck as shown on a map
thereof by H. R. Hewett, registered land surveyor, dated January 13, 1955, recorded in Map
Book 4 at page 129, in the Office of the Register of Deeds for Brunswick County, North
Carolina, to which map reference is made for greater certainty of description. And also being the
same property as described in a deed and plat recorded in Deed Book 538 at Page 240,
Brunswick County Registry, to which reference is made for greater certainty of description.
For back reference see Book 172 at Page 332; Book 538 at Page 238; and Book 538 at Page 240,
Brunswick County Registry.
TRACTS ONE THROUGH NINE ARE MORE FULLY DESCRIBED AND CONTAINED
IN A PERIMETER SURVEY THEREOF DATED DULY 24, 2001, ENTITLED "MAP
FOR SEA TRAIL CORPORATION", PREPARED BY RANDY D. WARD, NORRIS &
WARD LAND SURVEYORS, PA, CONSISTING OF SEVEN (7) PAGES, RECORDED
IN MAP CABINET 25 AT PAGES 543 THROUGH 549 IN THE OFFICE OF THE
REGISTER OF DEEDS FOR BRUNSWICK COUNTY, NORTH CAROLINA, TO
54782.6 56

Illlllllllllllillllllllllllll Il111l11 BZ520 PBi�� ,2- -12.0
Robert J. RobinSon
2,001
Brunswick County, NC Register of Deeds page 57 of 58
WHICH PLAT AND SURVEY REFERENCE IS HEREBY MADE AND WHICH IS
INCORPORATED HEREIN FOR GREATER CERTAINTY DESCRIPTION.
TRACT TEN:
BEING all of Lots 10, 11, 36 and 37, Block 1, Sunset Beach, North Carolina as more particularly
described in Map Cabinet L at Page 31 and Map Cabinet 7, Pages 64 and 64A of the Brunswick
County Registry, references to which maps are made for a more particular description.
For back reference see Deed Book 810 at Page 400 and Deed Book 752 at Page 743, Brunswick
County Registry.
TRACT ELEVEN:
Parcel A: Being all of Parcel Number 4, containing 30.33 acres, according to a survey by Norris
& Ward, Land Surveyors, PA entitled "Survey for Seaside Resorts" dated November 4, 1996 and
revised February 5, 1997, plats of which duly appear in Map Cabinet 18, Pages 286 through 289
of the Brunswick County Registry, which is incorporated herein by reference for greater
certainty of description; subject however, to that certain forty (40) foot street right-of-way across
the western portion of Parcel Number 4 as shown on the plat.
Parcel B: Being all of Parcel Number 5, containing .45 acres, according to a survey by Norris &
Ward, Land Surveyors, PA entitled "Survey for Seaside Resorts" dated November 4, 1996 and
revised February 5, 1997, plats of which duly appear in Map Cabinet 18, Pages 286 through 289
of the Brunswick County Registry, which is incorporated herein by reference for greater
certainty of description.
LESS AND EXCEPTING [FROM THE ELEVEN (1I) TRACTS
DESCRIBED ABOVE) THE FOLLOWING: --
Any real property which is described in the attached Exhibit A that previously has been
submitted to the jurisdiction of the Sea Trail Plantation Master Association, Inc. and the
Amended Consolidated Master Declaration and Development Plan Including Covenants,
Conditions and Restrictions for Sea Trail Plantation recorded in Book 793, Page 82, Brunswick
County Registry, as the same may have been amended and/or supplemented from time to time.
54782.6 57

12 0B 2006
IIIllllllllllllllll RRF��50i1 :29:12,001
on
Brunswick County, NC Register of Deeds page 58 of 58
EXHIBIT C
Villages already created within the Property
Baroney Place
Brookwood Park
Champions
Club Villas
The Colony
Crooked Gulley
Discovery Lake
Eastwood Landing
Eastwood Park
Kings Trail
Lakeshore Woods
Live Oak
Olde Oaks
Osprey Creek
Osprey Watch
Oyster Bay
Oyster Pointe
Planters Ridge
Rice Mill
River Creek I & II
Royal Poste Road Villas
Sawmill
Seaside Station
Shoreline Woods
Sugar Mill
Sugar Sands
Tabby Walk
The Villas on Osprey Ridge
Woodstork Village
54782.6 58

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Monday, April 15, 2019 9.40 AM
To:
Human Resources
Cc:
Jian JZ. Zhu; Georgette Scott
Subject:
FW: [External] Sea Trail questions
Dana,
Will it be a permit update or a permit transfer? Here is the process either way:
1. Permit Update: Submit a permit update form with the renewial. lave !he incoming company+ sign the renewal
form.
2. ?ermit Transfer: Submit the VMsfer form from the outgoing companv to the incoming company as discussed
belcvr. In the same packarc, submit a renevml form si,gnecl by tile Incom lig company. The two permit actions
will be processod in order.
hanks,
„eily
From: Scott, Georgette
Sent: Monday, April 15, 2019 9:25 AM
To: Johnson, Kelly <[e-mail]>
Subject: FW: [External] Sea Trail questions
Since I iro not I:no:b+ if the per:iii. she mere ions here falls under scenario 1 or 2 1 can not give her advice. Please !et her
:;ricw what she needs to do for t -)is S P e C ific pes mit.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.ScottODncdenn aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Human Resources <H Resourcesseatr;i_com>
Sent: Friday, April 12, 2019 4:41 PM
To: Scott, Georgette <9eorggtte_scc_ tt��ncc enr.�ov>
Cc: Jian JZ. Zhu <[e-mail]>
Subject: [External] Sea Trail questions

External email. Do not click links or open attachments unless you verify
Send all suspicious email as an attachment to
Good afternoon Georgette:
I included the recent corresponcience between Kelly and I relative to Sea Trail permits below. Since tha Ro;fai Poste
Road permit (SW8 960124) is or..e for renewal, and we have to change name on permit to the correct entity, are '.veto
follow the ;path she outlines! and SObrnit the name change first along with the letter as she describes sc° 7 n<e permits are
in Sunrise Corporate Develcpnter�t Holdings rather than Sunrise Corpar2,6a Development Limited? Ideally, ,:vou!d like
to take the path that works hest: and t';eie are several permits under tPe I`Aiaster Permit that are not h, € {_ c,-.)erect
name. So do we use then r..E chc,.n e p•2rmit, along with the letuet she describes, and submit that along v,!h-h the Royal
Poste permit renewal at t!le same f im2?
Thank you for your assistance!
Dana Connelly
Human Resources Administrator
910. 287.1 "136 1 910.287.1176
SEA TRAIL iirFS(-.urccsf;Dse tr2ii.com
From: Johnson, Kelly[ELai1tO:keLiV.nJohrsnn nr, nrOklir.gov]
Sent: Thursday, April 11, 2019 9:17 AM
To: Human Resources <I.iResourcesC seatt'ail.coni>
Cc: Jian JZ. Zhu <[e-mail]>
Subject: RE: [External] RE: Sea Trail questions
Dana,
There are two ways to transfer the ownership of e permit, and it has to do with whether there was a merger with a
surviving cornpany of if it is just transferr_ng to an entirely different corporation. Both forms are found here,
httils:/ acn.nc.r;o�! about/divisions/energy-mineral-land-resources Pnerc.�c-rr.ineral-land-rules/stormwater-
pro:�rcm post-construc'cion.
Permit Update Form: I see on the NC Secreta?y of Stage's site that W-2wltn Spring Industry, LLC merged into
Chinaway Corporate Development, LLC in 2017. At 'Chat point, Wealth Spring was no longer a valid entity and its
assets becalm` represented by a new name, Cliinae�,ay. Any permits issued to Wealth Spring can submit the
Permit Update Form. This is just en administrative exercise to formally change t:ie pet! -nit to the modified
corpora€:e name. Any other corporations wish mergers would follow this same pattern. If there are several
permits issued to Wealth Spring, then you can just submit one form and attch a list of affected permits.
2. Permit Transfer Application: If it wasn't just a matter of the name of a company changing or a merger that
esse;itially changed the name of the company, then you have to normally transfer the permit to the appropriate
entity. Though transfers tend to create a feeling of dread because they tend to get complicated this particular
situation should not be that difficult. If there are the same people on boi:h sides of the transfer, then they can

submit wetter with the application indicating that they villI take the transfer of the permit "as is': without., an
inspection. It should also state that they understand that, as the incoming permittee, they will become
responsiblc for anything that noods to be done to Loring the project into compliance if anytihinZ: were to come
tip. If your goal is to get ,all the permits into the same name (or as few as possible), this is the best path
forward. Eventually you will have to transfer the permits to the HOA. At that point we will have to do the full
transfer process where we look at a!I the documents (deed restrictions, O&M, certifications, etc), do the field
inspection, aemonstrate that at least 50 of the lots have been sold, document that the imperious area
constructed is at or below the permitted amount, and demonstrate that all of the common areas have been
needed to the HOA. So, you will want to Idea that in mind as you move forward. But, you don't need al! cf thy_.
to transfer between tv,ro companies that are owned by the same "people" who are willing to accept liability
under one of their different LLCs.
! opcfWy that nlakes sense; but if you have questions please let me know. Also, since there arc so many permits I do
not have a place to iilie this email. If you could include a copy of it with your application(s) so that Georgette will see
tl ��o. v e have talked than will smooth out the submittal process.
Thank,
Kelly
From: Human Resources[mailto:[e-mail]]
Sent: Wednesday, April 10, 2019 4:54 PM
To: Johnson, Kelly <kelly.p.iohnscn@ncdem. ov>
Cc: Jian JZ. Zhu <i,[e-mail]>
Subject: [External] RE: Sea Trail questions
Ext �rrral: enw Do runt cock larks or car attai►rrrents [hiss you teirlfyr. W d, all sugAtIous wiW sus an attaacftw ?o
Good afternoon Kelly:
After doing some research, at the time of the sale and purchase in July of 2013 as a result of Sea Trail Corporation
bankruptcy, a few dif ierent entities were set up and the properties at Sea Trail were deeded to these newly created
entities — all of which had the same owners.
The golf course tracks were deeded to Chinaway Corporate Development, LLC. Additional property related to resort
operations (Jones Byrd Clubhouse/Convention center tract, and some additional vacant tracts) were deeded to Wealth
Spring Industry, LLC. Chinaway and Wealth Spring later merged with Chinaway being the surviving company.
Additional vacant tracts and lots as well as the declarant rights were initially deeded incorrectly to Sunrise Corporate
Development Limited ('Sunrise Limited'), and should have been deeded to Sunrise Corporate Development Holdings,
LLC. This correction of ownership was made in December, 2013 to Sunrise Corporate Development Holdings ("Sunrise
Holdings') via deed. The assignment of declarants rights also took place effective the same day with Sunrise Holdings
named as the Declarant as described in the Sea Trail Master Declaration.
During our discussions about the Sea Trail permits over the past few years with your department and East Coast
Engineering, we talked about the corrections that needed to be made during this process, with the end desire being the
consolidation of the numerous permits into just three permits: One for Chinaway, One for Sunrise Holdings, and one for
the Sea Trail Plantation Master Association (as permits get transferred from declarant to HOA). We want to get things
straightened out, with the end result being the reduction of the number of permits.

Due to the incorrect initial conveyance to Sunrise Limited, the permits were in the name of Sunrise Limited. Sunrise
limited owns nothing here and Sunrise Holdings is the owner and declarant.
We were notified of an expired permit -The Village at Royal Poste Road permit SW8 960124 - and I have had some
correspondence with Georgette. It is in the incorrect name of Sunrise Limited, and should be Sunrise Holdings. We
need to figure out what the process of renewal will be and how to proceed with it, as well at the other permits.
I have attached a listing of the permits that I believe are affected by this. So, we need some guidance on how to
proceed with the Royal Poste Road renewal, as well as correcting the entity name for the remainder of the permits.
As always, we appreciate your assistance.
Dana Connelly
Human Resources Administrator
910.28i.1136 910.287.1176
SEA T rtAIL.
From: Johnson, Kelly [n,a lac:kelly.u.johnsori(1-ncden;_,a n�]
Sent: Thursday, March 28, 2019 4:07 PM
To: Human Resources <i!i esoUrces 's� ,ire0.c_orn>
Cc: Jian JZ. Zhu <izhu2!seatraH.com>
Subject: RE: [External] Sea Trail questions
Dana,
Here are the answers to your questions:
1. State S''Lormvvater permits are issued to a specific entity until it is formally transferred to another corporation or
to an HOA. You will have to work out the specific language in your declarations with your lawyers. I am not sure
what to do about that. There are two transfer laws that govern the specific transfer requirements. SL2011-256
is the rule that governs transferring to HOAs. SL2013-121 is the one we use! when the perm.ittee is MIA and the
new owner wants the old permit. Each permit also has language about transfers. The specific language has
changed over the years, but it is similar to 'this permit is not transferable except after notice to and approval by
the Division."
2. There are a couple of ways to approach this depend'.ng on the circumstances:
a. If the permitted land was deeded from one Sea Trail company to Gnother: In this case we would have to
form-711y transfer the permit to the new entity.
b. If tiie name of the company changcd: In this case, we would just need the Permit Information Update
Form ; nd a list of permits it applies to, nt_wL.L/deLci,.nc.gov/aboul -,/divisionsit?nei-v-:-niii,-�ral-land-
r:csources ener -mineral-land.-rulesr'storrnwater-!2,,-o :ram/post-construction.
c. If there was just an error originally: If there was an error and some permits were issued to the wrong
entity when Sea Trail took over, then we can do a correction. I think the best thing to do is to draft up a
summary of what specifically what happened and a list of affected permits. (If this is the case please
also include a copy of this email with your proposal. I would normally iust put a copy in the file: but I
don't know which ones will be impacted.)

If you have further questions, please let me l�:now.
Thanks,
Kell;
From: Human Resources[mz:i€to:HResc:u�cesC,Leatraii.com]
Sent: Thursday, March 28, 2019 3:06 PM
To: Johnson, Kelly
Cc: Jian JZ. Zhu
Subject: [External] Sea Trail questions
RPM Me.: ftemal emarg. Do.ne� dick links or open attachments sales you verify: Send aV suspicious email as an attachment to
Good afternoon Kelly:
Thank you for reaching out and assisting with answering a few questions we have. One is a more general question, and I
imagine you have dealt with HOA turnovers before. Our owner would like to understand that process as it relates to
stormwater permits that would still be in the declarant name at the time of HOA turnover. With that said:
1. The owner of the remaining undeveloped land is also the declarant with regard to the Master Homeowners
Association. That Master Declaration states that the declarant control ends in either one of three ways: By a
date in 2024, or if declarant voluntarily relinquishes control, or if the declarant owns less than 20 units, platted
or planned but unplatted. Our question is at the time of any of these occurrences, what happens to the
stormwater permits? The declarant would be leaving the property and no longer the declarant, so do the
stormwater permits then belong to the Master Association?
As a result of the previous bankruptcy of Sea Trail Corporation, the new entity that purchased Sea Trail formed a
couple of different companies at that time. There appears to have been some confusion over the correct entity
on the stormwater permits. Sunrise Corporate Development LTD was initially incorrectly named as the
declarant and stormwater permit holder, when it should have been Sunrise Corporate Development Holdings,
LLC, which is the correct declarant entity. Both are companies that were only affiliated with the Sea Trail
properties. This is something that will require correction and we would like to know how to go about doing
that.
Thank you for your assistance with these questions.
Dana Connelly
Human Resources Administrator
910.287.1136 1 910.287.1176
SEA TRAI L_. hrescur cesPseatrail.com

Zorda, Garrett D
From: Scott, Georgette
Sent: Thursday, January 24, 2019 8:02 AM
To: Human Resources
Cc: Zorda, Garrett D
Subject: Re: [External] Sea Trail - stormwater permit SW8 960124
Dana,
Your deadline to submit the renewal application and check has been extended to February 28,2019. Please let
me know immediately if this date can not be met.
Thank you
Garrett,
Please put a copy of this extension in our permit file.
Georgette Scott
From: Human Resources <[e-mail]>
Sent: Wednesday, January 23, 2019 5:02 PM
To: Scott, Georgette
Subject: RE: [External] Sea Trail - stormwater permit SW8 960124
External ernad.10 not ctkk firks or opera attac ents waters you verify. Send '91 susp4dous ernad as an attadmvant to
Good afternoon Georgette:
On behalf of the permit holder, I will have to request an extension on this since the permit renewal application
requires signature and notary. They are located in China currently and are on holiday and unavailable until
the middle of February, in addition, obtaining a notary signature in China is a complex process unlike here in
the US. Once they return from holiday, they would have to schedule an appointment at the Embassy in China
for a notary. I do not have any idea right now when that appointment could be scheduled for until they return
from holiday.
Please advise. As noted, we can process a payment for the fee, but the application cannot be completed at
this time.
Thank you,
Dana Connelly
Human Resources Administrator
910.287.1136 1 910.287.1176
1

[e-mail]
EA1'T AlL
From: Scott, Georgette [mailto:[e-mail]]
Sent: Wednesday, January 23, 2019 4:19 PM
To: Human Resources <[e-mail]>
Subject: RE: [External] Sea Trail - stormwater permit SW8 960124
i'4.1ake it out to DEQ. kl ale sure you send the renewal application witi-i the check. Send all in an envelope
add essed to me.
Thankyou
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette. ScottCaD-ncden r. gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Human Resources <[e-mail]>
Sent: Wednesday, January 23, 2019 9:26 AM
To: Scott, Georgette <[e-mail]>
Subject: [External] Sea Trail - stormwater permit SW8 960124
External emiaH. Do not. Cock finhor[{aen attachmentE urnless you verify. Send all sus-pk-ious- email as an attachment to
Good morning Georgette:
Thank you for your call yesterday. I will be able to have a check for $505.00 prepared by accounting, and sent
your way. If you can let me know who it should be made out to (is it NCDEMLR or should we use another
name?), I will prepare a request for check for accounting and have them send it out.
2

When they return in February, perhaps we can set up a meeting to discuss the permits and processes moving
forward.
Thanks again,
Dana Connelly
Human Resources Administrator
910.287.1136 1 910.287.1176
`' ' A T' "�'A 411-- [e-mail]

-, :J e
ROY COOPER
Governor v E`
MICHAEL S. REGAN
Secretary QUAM
WILLIAM E. (TOBY) VINSON, JR. NORTH CAROLINA
Interim Director Environmental Quality
January 8, 2019
Sunrise Corporate Development Limited
Attn: Ms. Dana Connelly
75A Clubhouse Road
Sunset Beach, NC 28468
Subject: Permit Renewal Request
State Stormwater Management Permit No. SW8 960124
Village on Royal Post Road
Brunswick County
Dear Ms. Connelly:
State Stormwater Management Permit #SW8 960124 for the subject project was last issued on September 1,
1999 to Sea Trail Corporation and expired on September 1, 2013. Per 15A NCAC 2H.1003(h) (the stormwater
rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and
must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project,
please complete and submit a renewal application prior to February 8, 2019. The renewal application can be
found at the following website under the Applications Forms section:
.. .i > tY t fEi
11Ctxt_'iLcnc_]s3;i,Ellr__t`-a11 .ler_a_- and.-rL.'_ :�•_-__T11. v_miil.%(�_ tnY.111}:_-':-
pr s ,� �irn r�si const �_ct on, Please note that >f they have not already been submitted to the Division, the permit
renewal request must be accompanied by the required Designer's Certification and the recorded documents (if
applicable). If this project has not been constructed and a permit is no Ionger needed, please submit a request to
have the permit rescinded.
Additionally, a review of the North Carolina Secretary of State corporation's database revealed that this
corporation has a new point of contact. Please submit a completed Permit Information Update Form to correct
your contact information which is available on our website at: l�tt . z:e .lc.f7o�;:;_bJt %ciie_1cIU
_._�__._._.__...__.1._.__-_. a. _ _
T[ --rl---ryi....... ciTic:_retiCii31C'S_ '1 1n1'-1711nEi" _ :i1t{.,S-iC?s:ll_Li'_'e...... .'... . .... iill;,C.E'41-CGlitiC7'PiCi.... �•
Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater
Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina
General Statute 143-214.7 until you submit the required Permit Transfer Application Form to the Division and
receive approval from the Division to transfer the permit or, if the site has not been built, submit a request to
rescind the permit and receive approval. This includes providing the necessary operation and maintenance of
the permitted stormwater system. The Permit Transfer Application Form is available on our website at:
l'xCt S:;;Qf;('.rIC.".:"{3�';'%tt:3t�titJdt'�'151t)!l�ieilF:•i�Yl'-D1111LYi?�_�£:Il(}-1'eSf)!.!iCe'�:_e_T%�]��Y'-t7i111G?":.4�-�i!YIt:{-i"EIiC:•^i'Si�'7i'lllti,a'te1'-
)Yf?vr,-, rii/Dosi-cotistrliCt'f'i11.
The operation of the stormwater treatment system without a valid and active permit, and/or failure to provide
the Designer's Certification and/or failure to operate and maintain the stormwater treatment system, are
violations of NCGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions
regarding this matter, please contact Garrett Zorda at [phone] or [e-mail].
Since ely,
�x Danny Smith, Interim Director
Division of Energy, Mineral and Land Resources
GDS/gdz: 111Stormwater\Permits & Projects119961960124 HD12019 01 req_ren 960124
cc: Wilmington Regional Office File
North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources
e:!:-Of 0, EW Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 2W5
910.796-7215

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RE
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INVOICE

AEON
.NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 10, 2011
Mr. Dean A. Walters
Sea Trail Corporation
211 Clubhouse Road
Sunset Beach, NC 28468
Natural Resources
Subject: Permit Extension, Session Laws 2009-406 and 2010-177
Stormwater Permit #SW8 960124
High Density — Village on Royal Post Road
Brunswick County
Dear Mr. Walters:
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to three (3) years from its
current expiration date. On August 2, 2010, the Governor signed Session Law 2010-
177 which grants an extra year for a total of four (4) years extension.
Accordingly, Stormwater Permit # SW8 960124, which has already expired on
September 1, 2009, is now in effect until September 1, 2013. Please resubmit the
renewal application and fee at least 180 days prior to September 1, 2013, which would
be March 1, 2013. A copy of the Renewal Application can be obtained from the
following website: hftp://portal.ncdenr.org/web/Wq/Ws/su/statesw/forms—docs.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S: MS1StormwaterlPermits & Projects119961960124 HL12011 02 permit_ extension 960124
cc: John Williams, Registered Agent Sea Trail; WiRO; Angela Hammers
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 pApe
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NliCarolina
Internet: www.ncwaterquality.org �R'tll�����
An Equal Opportunity 1 Affirmative Action Employer l

ROY COOPER
MICHAEL S. REGAN
sec„wry
BRIAN WRENN
D&L-cfor
December 21, 2020
NORTH CAROLINA
Envkvnmenfa!Qua tty
Sunrise Corporate Development Holdings, LLC (Proposed Permiuee), managed by
Riptide Builders Development, Inc.
Mr. Robert Eric Hill, President
8985 Marshview Lane
Sunset Beach, NC 28468
Mr. Zhenquan Pan, Manager
Sunrise Corporate Development Limited (Dissolved, Current Permittee)
75A Clubhouse Road
Sunset Beach, NC 28468
Subject: PROJECT RETURNS
Stormwater Management Project No. SW8 940509, SW8 940226, SW8 940405,
SW8 %0124, SW8 990237, SW8 990825, SW8 000709, SW8 010911,
SW8 031105, and SW8 070107
Sea Trail
Brunswick County
Dear Mr. Hill and Mr. Pan:
The Wilmington Regional Office received and accepted the subject State Stormwater Management Transfer
Permit Applications for the subject projects and sent requests for additional information as follows. Since the
applications were accepted, the management of the proposed permittee changed from Sunrise Corporate
Development Limited to Riptide Builders Development, Inc. In addition to these requests, there have been many
emails and other conversations regarding obtaining the information necessary to process these applications. A
review of the information submitted has determined that the supporting information is not complete, and the
permit cannot be issued for the project as proposed.
Permit #
Receared
Add Info #1
Addhft #2
Addlnto #3
Sent
Due
Received
Sent
Due
Receimd
Sent
Due
Received
SW8 940509
05115/20
06/01/20
06116120
-
O9fMM
IM1120
1013(M
11113120
12102120
-
SW8 940220
03109I20
06F01120
06/1&20
-
MM'20
1€1 120
10/30/20
11/13/20
12f0 M
-
SW8 940405
0=9/20
06/01/20
06/16/20
10910312D
UY01120
10rAM
11/13120
12WJ20
-
SW8 960124
03/09M
06MI120
06/16120
-
09/03120
UY01120
IG10120
11/13120
12/021M
-
SW8 990237
05/18M
06101/20
06/16120
-
09/03120
10101/20
10/30120
11/13120
12/02/20
-
SW8 990825
03i09/20
06101/20
06/1&M
-
09/03/20
10/01120
10/30/20
11113J20
12/02/20
-
SW8 000709
05/18/20
05/01120
0S/16120
-
09/03/20
10/01/20
laW20
11/13120
1VO2=
-
SW8 010911
031t1 M
06/0i/20
06/16/20
0910M/20
110/01/20
10V30/20
itrum
I i2182120
-
SW8 031105
O 09120
06101120
06/16/20
-
09/03/20
10V01/2t3
10/30/20
11/13120
112ffl=
-
SW8 070107
03/09/20
C8/01120
06116
-
10101120
10/30120
11113/20
12/02120
-
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
t::�D E
Wilmington Regional Office i 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
� g
� ea+-q ft ��'' 910.796.7215

SW8 940509, SW8 940226, SW8 940405, SW8 960124, SW8 990237, SW8 990825, SW8 000709, SW8 010911,
SW8 031105, and SW8 070107
Page 2 of 2
Per the requirements of Title 15A NCAC 02H.1045(4)(a)(ii) of the Stormwater Management Rules, this Office is
hereby returning the subject application as incomplete. In order to pursue transferring this project, you must
reapply to the Division. Your application package must include a completed and signed application form; O&M
agreement; application fee; and any supporting documentation necessary to address the items identified in the
latest request for additional information. Additionally, SW8 940405 expired on February 6, 2006. This permit
needs to be renewed twice. The first renewal would extend it to February 6, 2014 and the second renewal would
extend it to February 6, 2022. These two renewals will require two renewal fees of $505 ($1,010) and one
Renewal Application Form.
Please note that the permit previously issued for the subject projects on remain in full force and effect. Please be
aware that the constriction of any changes to the originally approved and permitted plans prior to the receipt of
modified permit is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A.
If you have any questions concerning this matter, please contact Kelly Johnson at [phone] or via e-mail at
[e-mail].
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits &
\\\Stormwater\Permits &
\\\Stormwater\Perinits &
\\\Stormwater\Permits &
\\\Stormwater\Permits &
\\\Stormwater\Permits &
\\\Stormwater\Permits &
%Stormwater\Permits &
\\\Stormwater\Permits &
\\\Stormwater\Permits &
Pro jects\ 1994\940226
Projects\ 1994\940509
Pro jects\ 1994\940405
Projects\ 1996\960124
Pro jects\ 1999\990237
Projects\ 1999\990825
Prof ects\2000\000709
Prof ects\2001 \010911
Projects\2003\031105
Pr6jects\2007\070107
LD\2020 12 Return Prio'ect 940226
Offsite\2020 12 Return Prioject 940509
HD\2020 12 Return Pnoject 940405
HD\2020 12 Retum—Prio�ect 960124
HD\2020 12 Retum—Prioject 990237
HD\2020 12 Return—Prioject 990825
HD\2020 12 Retum—Priogect 000709
HD\2020 12 Retum—Prio3ect 010911
Offsite\2020 12 Return Pnoject 031105
Offsite\2020 12 Retum-TrioJect 070107
cc: Jim Spangler, Spangler Environmental, 4338 Bland Rd., Raleigh, NC 27609
Brunswick County Engineering
Wilmington Regional Office