WQ0029653_More Information (Received)_20200219

Scotch
North Carolina Department of Environmental Quality
Division of Water Resources
Attn: Tessa Monday
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mrs. Monday,
Hall
Application No. WQ0029653
Scotch Hall Preserve WWTP
Wastewater Irrigation System
Bertie County
CEIVEpINC��CIDwR
RE
ve1gZ0n
Non-Disch`U�`
pe�i�Ling
Please find enclosed two copies of the following documents for the Scotch Hall Preserve Master -Planned
Community in Merry Hill, NC.
(1) (Recorded) Amended and Restated Master Declaration of Protective Covenants and Easements
for Scotch Hall Preserve
(2) (Recorded) Third Amendment To Declaration of Conditions, Reservations and Restrictions
(3) Amended and Restated Bylaws of Innsbrook Homeowners' Association
Please let me know if you need any additional documentation.
Best Regards,
Daniel Sumerel
General Manager- Scotch Hall Preserve
105 Scotch Hall Court Merry Hill, NC 27957 phone [phone] I fax [phone] I www.ScotchHal[Preserve.com

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Prepared by: Schell Bray Aycock Abel & Livingston PLLC (BHA)
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altg�Qkg�OHIBITS PIP 0
THIS DOCUMENT THE DISPLAY
OF POLITICAL SIGNS AND THE FLAG OF THE UNITED STATES
OF AMERICA OR STATE OF NORTH CAROLINA
Return to: Dixon & Thompson Law, PLLC, P.O. Box 24; Edenton, NC 27932
246189v8 '1411

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Amended and Restated
Master Declara*nn of Protective Covenants and Easements
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Table of Contents
Page
ARTICLE I DEFINITIONS AM%qENERAL PROVISIO
ARTICLE II MEMBERSHIP AND GOVERNANCE OF THE ASSOCIATION .........................8
ARTICLE III COMMON ELE a�NTS ..... ...° /'�� �..........................................................9
ARTICLE IV ASSESSMENTS ........................
ARTICLE V FUNCTIONS OF ASSOCIATION ..........................
ARTICLE VI
ARTICLE VII RIGHTS AND
ARTICLE VIII ANNEXATION AND
....................................21
....................................................3 0
ARTICLE IX ADDITIONAL PROVISIONS FOR EXISTING PHASES; STORMWATER
MANAGEMENT, IMPERVIOUS SURFACE COVERAGE ........................32
ARTICLE X GENERAL PROIN........... ................................................36
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.............................42

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"Amended and Restate
Master Declaration of Fro �Ojve Covenants and Easements
fo r Scotch Hall ~aw
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T141S AMENDED AND RESTATED "TER DECLARATION ("Master
Declaration") is made. on May 18 2010, by Rial Corporation, a North
Carolina corporation (the "Declarant").
WITNESSET n
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WHEREAS, Declarant tesddW�R
certain real property located in Bertie County,
North Carolina, and more parti=l Exhibit A attached hereto and incorporated
herein by reference, as part of a planned co may include a variety of residential,
commercial, recreational and other uses;
WHEREAS, Declarant previously recorded a Declaration of Conditions, Reservations
and Restrictions for Innsbrook §&ivision in Book 840, Page 542 of the Bertie County Registry
(the "Original Declaration"); q%, /1
WHEREAS, Section 14.2 of the Orig ' provides that it may be amended
only by the affirmative vote or written agfqft*��ataleast 67% of the votes allocated in the
Association (as defined herein); qQ
WHEREAS, pursuant to Section 4.1 of the Original Declaration, Declarant holds more
than a 67% voting interest in the Association as of the date hereof,
WHEREAS, Declarant s to amendftre
the Original Declaration in its
entirety, for the purpose of providing dh administration and maintenance
.of the common elements of the p1 umtyosing certain use restrictions and
architectural controls;
WHEREAS, as hereinafter provided, Declarant has retained and reserved the right and
option to annex and subject additional property to the provisions hereof from time to time.
NOW, THEREFORE, D] clarant hereby declares thqt all of the property described on
Exhibit A attached hereto, and any additional propert ftereto
Declarant, in its sole discretion,
shall subject to this Master Declaration by �Lmoridi- r1C or supplemental declaration
referring to this Master Declarat i o u i _ rn ci 4 i ri ae cord A16"e provisions hereof and recorded
in the Registry (as defined here n ), shall bAi a covenants, conditions, restrictions and
easements set forth herein, as specifically made appp ble by the provisions hereof. Such
covenants, conditions, restrictions and easements are hereby imposed for the purpose of
protecting the value and desirability of, and shall run with the title to, the real property subjected
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to this Master Declaration, and shall be binding on and inure to the benefit of all parties having
any right, title or interest in such roperty or any portion thereof.
O� p e
DERM 6VISIONS
Section 1. Definitions. As used in this Master Declaration, the following terms
with initial capital letters shall have the following meanings and, as required by context, these
definitions shall apply to both the singular and plural forms of such terms:
(a) "Architectur�Control Committ 91 *-!pan the committee appointed by
ns
the Executive Board to review plafoi %vements and landscaping within the
Development, as provid ) -, i n Article V 1 hqnfFmzaz&
(b) "Articles of Incorporation" shale the Articles of Incorporation of the
Association filed in the office of the Secretary of State of North Carolina, as the same
may be amended from time to time.
(c) "Assessment's shall mean an Owner's share of the Common Expenses and
other charges from time time assessed Owner by the Association as
provided for herein, includin.4 Ann AswssmentS, Special Assessments, Segment
Assessments, and all fe� �a ;charges; fine' e d other charges (including costs
of collection and reason le attomevs` a ed or authorized to be collected by the
Association pursuant to this Master Declaration, Bylaws, rules and regulations of the
Association, or applicable law.
(d) "Association" shall mean Scotch Hall Preserve Owners Association, Inc., a
North Carolina nonproo corporation (formerl wn as Innsbrook Homeowners'
Association, Inc.), its succesand
Q
(e) Authorized t can wt a ember, guest, invitee, licensee,
lessee tenant contractoi�or ent
> � � With respect to an Owner that is a
corporation, limited liability company, partner , association, . trust or other entity, the
Authorized Users shall include the owners, officers, directors, members, managers and/or
beneficiaries of the Owner, provided that the Association may establish a reasonable limit
on the number of Authorized Users for each property and the Association may require the
Owner fo designate its A razed Users in VM '
(f) "Bylaws" shall mean the the Association, as the same may be
amended from time to ti* UMOF .WEAR.
(g) "Common Elements" shall mean any real property or real property interest
owned by or leased to the Association. Common Elements shall include Limited
Common Elements.

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(h) "Common Expenses" shall mean expenditures made by or financial liabilities
Of the Association, togepher with any allocations to reserves. Common Expenses shall
include General Commowftpenses and Limi on Expenses.
(i) "Declarant"olle vel o i Rial Corporation, a North Carolina
corporation; (ii) success on or��o ier Declarant byoperation of law;
and (iii) any Persons who are (A) assigneer all of a Declarant's rights, (B) hold
title to any portion of the Development or any property within the Expansion Area, and
(C) are designated as a Declarant in a written instrument executed by the assignor
Declarant and recorded in the Registry.
c�
6) "Declarant Co Period" shall al ,t iAt period of time beginning on the
date of this Master Declaration and the later of (i) December 31, 2020, or
(ii) the date that Declarant hasconv;ru.in&uii6I
`% number of existing or projected
P
Homesites in the Development (indesites potentially to be located in any of
the Expansion Area). `1Q
(k) "Development" shall mean all of that land described on Exhibit A attached
hereto and all additional property annexed into the Development in accordance with the
provisions of this Masteclaration, together with 1 improvements now or hereafter
located thereon. '��� o
(1) "Executive ?4fVean tJWcve Board of the Association
, as
provided for in the Artic of Ineo a Bylaws.
(m)"Expansion Area" shall mean all of that real property located within Bertie
County, North Carolina and owned by Declarant on the date hereof or acquired by
Declarant at any time during the Declarant Control Period.
(n) "General Co;Expenses" Common Expenses other than
Limited Common Expenses. * pg
n J o Uao, MAfl.
(o) "Homesite" slr mean o arcel of land d that is located within the
Development and has been designated or restrifor use as a site for a detached single
family dwelling pursuant to any amendment hereto or supplemental declaration referring
to this Master Declaration, made in accordance with the provisions hereof and recorded
in the Registry.
QNo
(p) "Improved Tr 'hall mean any Hoznesite, Townhome Lot, Residential
Condominium Unit, Other Prgpeq� or other tract or parcel of land that is (i) located
within the Development( ) has`.been subjec McMaster Declaration pursuant to an
amendment hereto or a upplementat
IUreferring to this Master Declaration,
Qde in accordance Whin the pro-v7Jions hG1Go 6u recorded in the 1\egi-try, anu (ii i)
upon which construction of an improvement has commenced. For the purposes hereof,
construction shall be deemed to have commenced on the date the footings, slab or other
similar foundation for such improvement are poured.
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(q) "Limited Common Element" shall mean a portion of the Common Elements
designated for the primfry or exclusive use of one or more but fewer than all of the
Owners pursuant to a �of any portioWgalto
velopment or pursuant to any
amendment hereto or supplemental dN-, I.�.rati4 this Master Declaration, made
in accordance with the provisions Hereof aril $ the Registry.
(r) "Limited Common Expens��'�s &bean Common Expenses (including
allocations to reserves) incurred or made for the benefit of fewer than all Owners, such as
for the operation, maintenance, repair and replacement of Limited Common Elements,
and for administrative costs, security and other services provided for the benefit of fewer
than all Owners.Il
(s) "Master Declare oo s
�aster Declaration of Protective
Covenants and Easeme Fall and all amendments hereto and
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supplemental declaratio:te in 'th the provisions hereof and recorded in
the Registry. A&
(t) "Member" shall mean an Owner who is a Member of the Association as
provided in the Articles of Incorporation and in Article Il hereof.
(u) "Mortgage" sriall mean a mo f trust or other similar security
instrument granting, creating or` tpon any tract or parcel of land in the
Development.
(v) "Mortgagee" shall mean the holder "Iortgage.
(w) "Other Property" shall mean any real property, other than a Homesite,
Townhome Lot, Residential Condominium Unit, Undeveloped Tract or Common
Elements, that is locatedgithin the Development anhas been subjected to this Master
Declaration pursuant to iff endment . berets or a emental declaration referring to
this Master Declaration, made in accordance -with the provisions hereof and recorded in
the Registry. Other Property may include, bitshaftwbe limited to, one or more boat or
marina slips or commercial tracts or bui M*,,
(x) "Owner" shall mean the owner as shown in the Registry, whether it be one or
more Persons, of fee simple title to any Homesite, Townhome Lot, Residential
Condominium Unit, Improved Tract, Undeveloped Tract, or Other Property within the
Development, but shallot include a Person had lan interest in any such property
solely as security for an obin.
���
(y) "Person" sj1 o tural ar a corporation, limited liability
company, partnership, as ociation, 04A*q)entity.
(z) "Registry" shall mean the land records of Bertie County, North Carolina.

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(aa) "Residential Condominium" shall mean a tract or parcel of real property
that is located within thg Development and has been designated for residential use and
subjected to: (i) this 1Vl' Declaration &at�o any amendment hereto or
supplemental declaration referOng to ibis ttion, made in accordance with
the provisions hereof recorded in tbp ; and (ii) the North Carolina
Condominium Act set few -in Ca General Statutes, as it may be amended
from time to time, or any successor or rep�nt statute governing condominiums,
pursuant to an instrument recorded in the Registry.
(bb) "Residential Condominium Unit" shall mean a physical portion of a
Residential Condominiumsdesignated for separate o rship or occupancy.
(cc) "Sub -Association si~:ail 4'efer to a nonprofit corporation whose
members are comprised f 0ti,N c rs o i' opera ' ndominium, planned community
or planned unit developn�enrwithin � �es s than all of the Development.
d
(dd) "Sub -Association Common Elements" shall mean any real property or real
property interests owned or leased by a Sub -Association.
(ee) "Sub-Ass%iation Declaration" shall an any instrument or document,
and any amendment or sllpp!ement thereto, r--cot.(14 in the Registry, that creates a
condominium, planned eommurii tv or p 1 armed unit development within but including less
than all of the Develop. MOFrMMIL
1�101p;r
( "Townhome Lot" shall mean g blot or parcel of land that is located
within the Development and has been designated or restricted for use as a site for a
duplex or other attached single family dwelling pursuant to any amendment hereto or
supplemental declaration referring to this Master Declaration, made in accordance with
the provisions hereof anft orded in the Registry.
(gg) "Undeveloped an unimproved tract or parcel of land
that is located within the and hmMmmobjected to this Master Declaration
pursuant to an amendmeVhereto or declaration referring to this Master
Declaration, made in accordance with the provist hereof and recorded in the Registry;
provided that any such tract or parcel shall no longer be an Undeveloped Tract after it has
been subdivided into Homesites, Townhome Lots, Residential Condominium Units or
Other Property.
Section 2. Applicab`i ofi. The covenants, conditions,
restrictions and easements set r Declaration shall apply only to the
Development, but not to any o+{ el t `��t that an
�t�� Y� Y such other property is
subjected to the provisions hereof by an amen or a supplemental declaration made
in accordance with the provisions of this Master Declaration and recorded in the Registry. Each
and every grantee of any interest in any property within the Development, by acceptance of a
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deed or other conveyance of such interest, agrees to and shall be bound by the provisions of this
Master Declaration.
Section-3. Planned
'6*m �le. The North - Carolina Planned
Community Act set forth in C tes, as it may be amended from
time to time, shall apply to the 1 % me&"ft ssociation.
w���
Section 4. Permit Requirements. The Development and the use thereof are
subject to all applicable permits and approvals issued by any governmental authority with
jurisdiction, as the same may be renewed or modified from time to time, and all applicable laws,
ordinances, rules, regulations ajo other governmental requirements.
� (JGJoo r�r��aQ
MEMBERSHIP ls0 �OF THE ASSOCIATION
Section 1. Membership. As provided in the Articles of Incorporation, every
Owner shall be a voting Member of the Association. Such membership shall be appurtenant to
and may not be separated from ownership of the real property that is subject to assessment by the
Association. The Executive Boa* may adopt reasonable rul relating to proof of ownership.
Section 2. Voting Rights of 'Members. As provided in the Articles of
Incorporation, the Members shall be eimtled to mrmatters for which such a vote is
expressly required by the North olina. Nio ration Act, the North Carolina Planned
Community Act, the Articles of Incorporation or this Declaration. The Association shall
have. two classes of Members with voting rights as follows:
Class A: The Owner of each Homesite, Townhome Lot, Residential
Condominium Unit, or er Property shall be a Class A Member. The Owner of each
Homesite, Townhome Lot o sidentiC.ondon'iitium-Unit shall be entitled to one vote
on any matter that is subject ¢ the Obvners of such type of property. Payment
of Special or Segment ,�,� h,a^ll OP a Member to additional votes.
Declarant reserves the ngt to expand membership
to include Owners of
Other Property, by an amendment hereto or a supp el mental declaration referring to this
Master Declaration recorded in the Registry, specifying the voting rights of such Owners
and the assessments applicable thereto. Notwithstanding the foregoing provisions
regarding Class A Members, Declarant shall be a Class B Member during the Declarant
Control Period. � n
I�
Class B: DecI s Ila 11 b �3 � Member with respect to all real property
Ji'WeScUeNo'Ithis p P Perty
that is owned by Deci acid Ila Master Declaration as of the
date hereof, or hereafter pursuant to an am&iQA hereto or a supplemental declaration
referring to this Master Declaration and recorded in the Registry. The Class B Member
shall be entitled to seven votes for each Homesite, each Townhome Lot, and . each
Residential Condominium Unit that it owns, and seven votes for each Other Property that
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it owns. The Class B membership shall cease and be converted to Class A membership at
the end of the Declarant Control Period. n
Additional provisions consis rol
Qregarding meetings of Members,
proxies and votingby co-own 6 tt ws or adopted by the Executive
Board.
Section 3. Executive Board. As provided in the Articles of Incorporation, the
affairs of the Association shall be managed by or at the direction of the Executive Board. The
number of persons on the Executive Board initially shall be as specified in the Articles of
Incorporation and such numb&& may be changed as prov ed in the Bylaws. During the
Declarant Control Period, Declar°4hall have oint all of the members of the
Executive Board. Declarant shall vc , the re=pany Executive Board member
appointed b Declarant, withoZL'Ient
�_ ; an( = oiiWW Q erson to replace such removed
e Y ppo� P P
member. The manner of a ore Executive Board after the Declarant
Control Period shall be as provided in the Bylaws.
ARTICLE III
&4%9OMMON ELEI��
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Section 1. Conve Vnl� Elements by Declarant. Declarant
covenants for itself, its success �Q coff6W�� Association by fee simple deed,
at no cost to the Association, al pnvate street W"'ke Development that are necessary for
access from a public road to any Homesite, Townhome Lot, Residential Condominium Unit,
Improved Tracts, Undeveloped Tracts or Other Property, and all Common Elements (excluding
Sub -Association Common Elements) designated as such on a plat of any portion of the
Development recorded by or atpe direction of Declarant in the Registry. Such properties may
be conveyed to the Association"one time or fr �to time in the sole discretion of
Declarant; provided that all such gnCIZA[W%g"01
lements shall be conveyed to the
Association on or before the expiratnor, of Period. In addition, Declarant
may convey or lease other proper :y, or an i �toheAssociation for use as Common
Elements. The Association shall accept the convey d immediately become responsible
for all maintenance and operation of all such properties. Any real property leased to the
Association shall cease to be Common Elements upon the expiration of the lease term.
Section 2. Ownq' Easements in Common Elements. Subject to all of the
other provisions of this Master D&Iar ation, the Articles of Incorporation, the Bylaws, any rules
and regulations of the Association, and any fees or charges established by the Association, every
Owner and every Authorized shill have a ri r@meat of enjoyment in and to the
Common Elements, all private ers wi:t& ent that are necessary for access from
a public road to any Homsite; Townhonte Lot; Residen ondominium_ Unit, Improved Tracts;
Undeveloped Tracts or Other Property, and all Common Elements (excluding Sub -Association
Common Elements) designated as such on a plat of any portion of the Development recorded by
or at the direction of the Declarant in the Registry; and such easement shall be appurtenant to and
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shall pass with the title to every Homesite, Townhome Lot, Residential Condominium Unit,
Improved Tract, Undeveloped Tact and Other Property.
Section 3. Designatio f cczmwono lements. Declarant reserves the
right to designate Limited Co tip prir�r} or exclusive use of Owners and
Authorized Users of specific of property in the Development. Such
designation may be made on a plat of any portiod Development recorded by or at the
direction of Declarant, or such designation may be made or more specifically described pursuant
to any amendment hereto or supplemental declaration referring to this Master Declaration, made
in accordance with the provisions hereof and recorded in the Registry. A designation of Limited
Common Elements may be m4e subject to such conditio , restrictions and reservations as
Declarant may include in such am&4e
ent Zn��ers&WkW,
al ration.
Section 4. Limi � in Common Elements. The
Common Elements (including Co ) shall be subject to the provisions of
this Master Declaration, including the rights Vtrvations, of Declarant described in
Article VII hereof, and all easements, restrictions and rights of way of record at the time of
conveyance. Further, the rights and easement of enjoyment of the Owners created hereby shall
be subject to the rights of the Association to: (a) adopt and enforce reasonable rules and
regulations regarding use of thmmon Elements; (b) ' Lsend receive any payments, fees
or charges for the use, rental or oon of the Comments other than streets, and for
services provided to Owners; (c) or transfer drainage and utility easements on any part of
the Common Elements; (d) conl�n%ncumbcr all &Wnot the Common Elements, subject
to approval by the Owners as hereinafter proviWfty i exchange with the Declarant, or with
any Owner, any portion of the Common Elements for an approximately equal area of other
property to be added to the Common Elements, whereupon the property conveyed by the
Association shall cease to be Common Elements and shall no longer to be subject to the
provisions of this Master Declaration relating to Common Elements.
�o
Section 5. Streets anot e �regardmg
�&ssociation shall have authority to
adopt and enforce reasonable ns the private streets within the
Development and the use of i� e�i�,9%icer conveyances on such streets,
including, without limitation, speed limits, ns�tations, and parking restrictions or
prohibitions.
Section 6. Easement for Provision of Certain Services. An easement is hereby
established over, upon and acgoss the Common Elements for municipal, public and private
utilities serving the Develo me4k d for overnm�Mc
aw enforcement authorities with
jurisdiction over the Development, fo ' g ading utility meters, maintaining
and replacing utility or dramag o'] llection services, and acting with
other purposes consistent with ti he s are eluding without limitation police,
fire protection and animal control.
�QQ
Section 7. Conveyance or Encumbrance of Common Elements. Portions of
the Common Elements may be conveyed or subjected to a security interest by the Association if
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Owners entitled to cast at least 80% of the votes of all the Owners agree in writing to that action;
provided that all the Owners =ted
ty to which any Limited Common Element is allocated
shall agree in order to convey Commo or subject it to a security interest.
Distribution of proceeds of the sale a lement shall be as provided by
agreement between the Owners to which it 'sT
pc,41�j#A Association. Proceeds of the sale
or financing of a Common Element (other ed Common Element) shall be an asset of
the Association. Notwithstanding the foregoing, �ociation shall not convey, mortgage,
encumber or change the use of Common Elements prior to the expiration of the Declarant
Control Period without the prior written consent of Declarant. Further, no conveyance or
encumbrance of Common Elements may deprive any Owner of the right of access to such
Owner's property located within7e Development.
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Mln'I�G�Ir�f�GQQ
AS Qd
Section 1. Covenant for Assessments. Declarant covenants and each Owner,
whether or not it shall be so expressed in the deed or other conveyance to such Owner, shall be
deemed to covenant and agree to all the terms and provisions of this Master Declaration and to
pay to the Association (i) Assessments, i)i cial Assessments, (iii) Segment
Assessments, (iv) all costs of colle , indWliattorneys' fees, and (v) all other
fees, charges, late charges, fines.. interest anal' s unposed or authorized to be collected by
the Association pursuant to this Master DeclariatioRPM91%ws, rules and regulations of the
Association, or applicable law, all of which shall �' a Assessments. Without limiting the
foregoing, if any Common Expense is caused by the negligence or misconduct of any Owner or
any Authorized User of an Owner's property, the Association may assess that expense
exclusively against that Owner or that Owner's property.
Section 2. Crealf,f, Lien and Per ligation for Assessments. Each
Assessment shall be a charge and coru'Ct roperry and improvements thereon
against which such Assessmen i �u , ociation shall further secure such
advances for taxes and payme �Z �eenor mortgages, liens or encumbrances as
may be made by the Association in order to prese protect its lien, and the Association
shall be entitled to interest on any such advances at the rate provided for past due Assessments.
All Persons who shall acquire, by whatever means, any interest in any property subject to any
Assessment hereunder, or who may be given or acquire a Mortgage, lien or other encumbrance
thereon, are hereby placed on4otice of the lien rights ted to the Association, and shall
acquire such interest expressly subject to such 1'ch Assessment shall also' be the
personal obligation of any Person Who -wasi Hof such real property at the time the
Assessment first became due arid"abl 1fi the wnership, allco-owners shall be
jointly and severally liable for this entire sessment.
d
Section 3. Priority of Lien. The lien provided for herein is prior to all other
liens and encumbrances, except (i) liens and encumbrances (specifically including, but not
limited to, a Mortgage on such property) recorded before the docketing of the claim of lien in the
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office of the Clerk of Superior Court (as hereinafter provided), and (ii) liens for real estate taxes
and other governmental assessments and charges against such'property. No sale or transfer shall
relieve such property from liabili % liens arising fr ��ments thereafter becoming due.
Cca�gQ
Section 4. Com +� �18 A Homesite, Townhome Lot,
Residential Condominium Uni . Th Tract owned by Declarant on
the date hereof shall become subject to Assess= closing of the initial conveyance
thereof to any Person other than Declarant: At such time, the purchasing Owner shall pay to the
Association the prorated amount of Assessments applicable to such property for the remainder of
the calendar year in which the closing occurs. Assessments for property purchased by Persons
prior to the date of this MasV Declaration (each such Person an "Existing Owner" and
collectively, the `Existing Owners -),shall comrxi m e, ir,afio applicable amounts on the date
hereof and each Existing Owner shall be bill } _tlie .association for the prorated portion of
Assessments allocable to su Existing er' for the remainder of 2010.
Assessments for subsequent yewill be billed:iyd The Owner of any assessable property
that changes from an Undeveloped Tract to another catery during a fiscal year shall be billed
an additional prorated amount for the remainder of such year to reflect the category change.
Section 5. Declarant's Option to Fund Deficits; Declarant's Options for
Compensating Association. N khstanding any otherAo=si..n of this Master Declaration to
the contrary, during the Declarant Vol P=ts
y satisfy all or a portion of its
obligation for the payment of Ass property in the Development for any
year by funding any operatin he As9ffiffffiNoccurring during such year; the
operating deficit being determined by the oll a — the total amount of Assessments
collected by the Association on all other property in a Development for such year, plus
amounts expended by the Association from any working capital funds or reserves during such
year, plus any unexpended working capitalfunds held by the Association at the end of the year,
minus the total actual expenditures by the Association during such year. Declarant shall be
deemed to have elected to fund',fperating deficit ' er until Declarant notifies the
Association in writing that it inten& o pay As4� rga:21st its property that has been
subjected to this Master Decla�ion• in the same � rc other Owners of property in the
Development, which notice sb '� �ffect=11911
g]mlingof the next fiscal year after the
year in which the notice is given. After h notice, unless Declarant otherwise
notifies the Association in writing before the beginning of a fiscal year, Declarant shall be
deemed to have elected to continue paying Assessments or funding any deficit on the same basis
as during the immediately preceding year. Declarant's option to make such election shall
terminate at the beginning of tl�next fiscal year after the y a in which the Declarant Control
Period ends.
Q o�
Declarant may credit th �y'-re qIARFfftN4 property contributed by it to the
Association, or any services pe by tense) for the benefit of the Association,
against ny obligation of Declarrant to fimndy opera, or pay Assessments is described
herein. The value of such property or services shall be the actual market value thereof or the
actual amount expended by Declarant therefor, all as reasonably determined by Declarant in its
sole discretion.
CUI nMn�,�

U pwnsp
Wh te0�Bartle Cou�,nt�, N(cl age 13 of 42
v CUJ�`70oG�f�4G1�G1Q
Section 6. Due .Dates; Late Charges and Interest. The Association shall have
authority to establish the dueslate(s) of the any Assessment. Any past due Assessment or
installment thereof shall bear ' st at the rate -r annum or such other rate as
established by the Association, not tt� excrate allowed by law. Further, the
Association may establish a la atZb
be� any Owner who has not paid an
Assessment, or. an installment f by The Association shall, upon demand at
any time, furnish to any Owner liable for Assesscertificate in writing signed by an
officer of the Association, setting forth whether said Assessments have been paid. As to all but
the Owner, such certificate shall be conclusive evidence of payment of any Assessment therein
stated to have been paid.
Section 7. Annual Assessments 4$sociation shall levy Annual
Assessments for the payment of Common Ex'P a operation, maintenance, repair and
replacement of the Common I'leinents, for the prumWwxf services that the Association is
authorized to provide, and for. reserves. T'nee * rn may allocate portions of the Annual
Assessments to fund a reasonable operating expense lurplus, and to establish reserves for
contingencies, emergencies, and/or for major maintenance, repairs and replacement of Common
Elements. Common Expenses shall be assessed as follows:
(a) General Co on Expenses shall be assessed against all Homesites,
Townhome Lots, Residents flndoin i ni , Uoits.oi zr3 p: oved Tracts and Other Property.
Each Homesite, Townhom i,°, igesi Condominium Unit, shall be assessed the
same amount for Gener ornmon E xpenseWP4W0&er Property shall be assessed for
General Common Expenses in such amounts;.q*luch rates as Declarant shall provide in
an amendment hereto or supplemental declaration recorded in the Registry, with respect
thereto.
(b) Limited Common Expenses, if any, shall be assessed only against the property
within the Developmenfter the benefit of w ' h Limited Common Expenses are
incurred, and in such amok o�cs Declarant shall provide in an
_ amendment hereto or VC]Won recorded in the Registry, with respect
thereto. (MOFFEMU
����
Q
Subject to the provisions set forth below regarding the Maximum Annual Assessment for
General Common Expenses, the Executive Board shall fix the amount of the Annual Assessment
against each type of property as hereinabove provided, whereupon a list or schedule of the
properties and Annual Assessments applicable thereto shall be prepared and shall be open to
inspection by any Owner. Wril�gt otice of the A� ��ssments shall thereupon be sent to
every Owner subject thereto. ((���
Section 8. Maxii�`��=stg%g�brth
essmena The initial Maximum Annual
Assessment for General Common Expensin subsection (a) below, and may
be increased pursuant to subsection (b) below. At the time of recordation of this Master
Declaration the Development does not contain any Limited Common Elements, so no Maximum
Annual Assessment for Limited Common Expenses is established hereby. In the event that
rl t l �/ nmvrnr�r�srrnnn

Oo/7�08-03-20
10J11:1111111IJ!'I
:47:41.0
02
=�S. Wht
Berne County�C ie ister �p114of 42
Declarant designates Limited Common Elements in the future, Declarant may establish a
Maximum Annual Assessment for Limited Common Expenses pursuant to the amendment
hereto or supplemental declare recorded in with respect thereto.. If the
Executive Board determines for any ear,�.n=tIssment less than the Maximum
Annual Assessment will be s 1(.1 futiid the fW909MI the Association, the Association
may levy such lesser Annual A=tent nnual Assessment in an amount less
X2any1=61
than the Maximum Annual Assessment not affect the Executive Board's
authority to levy the Maximum Annual Assessment in subsequent years. If the Executive Board
shall levy less than the Maximum Annual Assessment for any year and thereafter, during such
year, determine that the functions of the Association cannot be funded by such lesser assessment,
the Executive Board may levy or more supplementalgual Assessments; provided that the
sum of the initial Annual Assess&and all_supple-meual Assessments for that year
shall not exceed the applicable Maximuirr, Ai Assessment for that year.
c��oor�r���aa
(a) The initial ZLI Asse �}eral Common Expenses shall be levied
at the time specified in Article IV, Section ` l' of this Master Declaration, and the
Maximum Annual Assessment for General Common Expenses for 2010 shall be $900.00
for each Homesite, Townhome Lot, Residential Condominium Unit and Other Property
(or each acre therein) that is not an Improved Tract, and $1,200.00 per Improved Tract
(or each acre therein). a event that Declaz bjects any Other Property to this
Master Declaration, the initi , ax',�sment for such property shall be
as specified by Declarant ' ¢�reto or supplemental declaration annexing
such property.
(b) From and after December 31, 2010, the Executive Board may increase the
Maximum Annual Assessment for General Common Expenses for any year by up to 20%
over the Maximum Annual Assessment for the previous year. The Maximum Annual
Assessment may be increased by more than 20% over the previous year only upon an
affirmative vote of at lea% of the votes c=ose.
Owners affected by the increase,
by written ballot or at a meetidulr��7ly�} ll� t#
Section 9. Special Lie s 99OF Qn to Annual Assessments as
authorized in this Article, the Association =14rAssessments: (a) to construct, repair
or replace capital improvements upon, or to make additions to, the Common Elements
(excluding Limited Common Elements); (b) to provide for the necessary facilities and equipment
to offer the services authorized herein; (c) to repay any loan made to the Association to enable it
to perform the duties and funcpons authorized herein; and (d) for any other purpose deemed
necessary or desirable by the ER�e Board. A assessment, before being charged,
must be approved by an affirmative v e o f at a votes cast by the Owners affected
by the increase, by written ballot or at. g d*dp&Afor that purpose. Subject to such
approval, the Association may snake one o 'al Assessments in any one year. The fact
that the Association has made an Annual Assess ° for an amount up to the permitted
Maximum Annual Assessment shall not affect its right to make Special Assessments during the
year. The amount of each Special Assessment to be paid by the Owners of the various types of
assessable property shall be in the same proportion as the payment of Annual Assessments.
k n
n n O �� NJG70O(�(�f�G1Q

I� Belinda S. Whi1te47:41 .002
III �I III �I t tiger of 15 of 42
Bertie Co , lr�,lM&t
Q
Special Assessments shall be due and payable 30 days from the date written notice thereof is sent
to an Owner, provided that the Executive Board may allow installment payments.
Section 10. Segment ess J* iit on to Annual Assessments and
Special Assessments as auth 'cle a ssociation may levy Segment
Assessments to be used for th t of a particWar poo ioion or segment of the Development
(such as improvements or additions to Limited Common Elements or services provided only for
certain Owners), the payment of which shall be borne by the Owners within such segment,
subject to the following provisions:
(a) Declarant shol have the right to establish a continuing Segment Assessment
for Limited Common E4 applicable 1 property in the Development by
including provisions for sue `� Swent in the amendment hereto or
supplemental declaratio E � annex' utllprqpgo�zck such event, the initial Segment
Assessment for property subject to r such Limited Common Expenses shall
be as specified by Declarant in the amendmen 4reto or supplemental declaration with
respect thereto. Unless otherwise provided in such amendment or supplemental
declaration, the Executive Board may increase the Segment Assessment for such Limited
Common Expenses for any year by up to 20% over the applicable Segment Assessment
for the previous year. Segment Assessment be increased by more than 20%
over the previous year only an]�at least 67% of the votes cast by
the Owners affected by the ballot or at a meeting duly called for that
r UMoMMU.
purpose.
(b) Except for Segment Assessments esf�lished by Declarant as aforesaid, a
Segment Assessment must be approved . by an affirmative vote of at least 67% of the
votes cast by the Owners of the property that would be subject thereto, by written ballot
or at a meeting called for that purpose. The amount of each Segment Assessment to be
paid by the affected O of the various types=essable property shall be in the
same proportion as the pa5 of Anr1l, pigs ° is by such Owners. If such a
Segment Assessment is l der xi iutpravement or addition that requires a continuing
Segment AssessmentJ. ratting. r��ce costs, then the Owners of
property subject to the Segment Assesmmntt ontinue such Segment Assessment
by an. affirmative vote of a majority of the votes cast by such Owners by written ballot or
at a meeting called for that purpose. Should any costs result from the removal of any
addition or improvement where a particular Segment Assessment is discontinued, such
costs shall be funded by Pe Segment Assessment before its discontinuance.
Segment Assessments shal%Au d oa yab is l �ys from the date written notice
thereof is sent to an Owner, provided that th xccut nay allow installment payments.
Section 11. Remedies of AssociationQToAK Nonpayment of Assessments. In
addition to any other available remedies, the Association shall have the following remedies for
nonpayment of any Assessment:

II ii II II •::i •.. II ii II 11 �j
S . W 05 47 4101002
Eerti,e Count C Ag !star el Zn g White
County, g �� , gage 16 of 42
(a) The lien of the Association for nonpayment of any Assessment shall be
enforceable from and after the time that a claim of lien is filed of record in the office of
the Clerk of Superior Cc&q Bertie Counrolina, which claim shall state the
name and address of the Asso record owner of the property at the
time the claim of lien i t onRfA#qWerty and the amount of the lien
claimed. The claim of may n any Assessment or installment thereof
remains unpaid for a period of 30 days or long the lien shall'continue in effect until
all sums secured thereby have been paid in full. The Association may foreclose the lien
in like manner as a mortgage or deed of trust on real estate, including but not limited to,
under power of sale under Article 2A of Chapter 45 of the North Carolina General
Statutes. Upon full payt of all sums secured b s ch lien, the same shall be satisfied
or released of record. �����
(b) The Associat �y brin I an a c against any Owner obligated to
pay any past due Assessnt. Instituti'prevent�it a an action shall not be deemed to be an
election by the Association which shall om thereafter seeking enforcement of
the collection of any sums remaining owing to it by foreclosure action or power of sale,
nor shall proceeding by foreclosure or power of sale for such purpose be deemed an
election precluding the institution of a suit at law to collect any sum owing to
Association. %1' o
�4
(c) The Association shall eicels,
after notice and an opportunity to be
heard, to suspend privily or se the Association (except rights of
access to an Owner's property inmerit) during any period that any
Assessment remains unpaid for a period TIVOtys or longer. The procedures for
suspension of privileges or services shall be as set forth in the Bylaws or as required by
law.
Section 12. Exem roperty. Unim, Tracts shall not be subject to
Assessments herein. Further, the wing property subject to this Master
Declaration shall not be subject to any Assess tutor=tien rovided for herein; solely by virtue of
` '
the existence of such interest: (a) Commo t40M ons of the Development used for
drainage or utility purposes (whether or nois subject to specific easements
therefor); and (c) any portion of the Development dedicated to and accepted by a public
authority. Notwithstanding the foregoing sentence, no land or improvements in the Development
devoted to use for residential or commercial purposes shall be exempt. No Owner of any
property subject to Assessments may become exempt from liability for any Assessment by
waiver of the use or enjoyment 5% f the Co nts, or by abandonment of such
property, or in any other way. Ppko
I%b �Czx�,

IIIII II�III'I�III11411 �Sekl�nda S. � te67 4�1002
tern Deeds age 37 of 42
Sortie CouI�ItI�I } QIG�o g7jRg
�v
ARTICLE V
F IONS OF Ar"ON
Section 1. Ma' Z4 The Association, subject to the
rights of Owners as set forth inaste shall be responsible for the management
and control of the Common Elements (including�gs and equipment used in connection
therewith), and shall maintain them in good order, condition and repair, pursuant to the terms and
conditions hereof. These responsibilities shall include, but not be limited to, the operation,
maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping,
structures, stormwater facilities Vd other improvements located within the Common Elements.
onp on I�
Section 2. Manageme I Cont � .Association may employ or contract
f a manager ate to, such or all of the powers and duties of
for the services o anag c
the Association, except those at
are required 1, ' ,p aster Declaration or by law to have
approval of the Executive Board or the Owners.
Section 3. Rules and Regulations. The Association shall have authority to adopt
and enforce rules and regulations regarding the Development or the use of the Common
Elements. Such rules and reguons may include, withJ;LDevelopment,
imitation, restrictions on the types
and sizes of vehicles that may be on 12t the maximum noise
levels of vehicles, maximum and minime}m S any other traffic or parking regulations
(the fact that any such rules or r guldd6ns shall be MW4NUktive than the laws of the State of
North Carolina or any other publ i c authority shall not puke such restrictions unreasonable).
Section 4. Sanctions for Violations. The Association shall have authority, after
notice and an opportunity to be heard, to impose reasonable fines or suspend privileges or
services provided by the Association (except utility services for and rights of access to an
Owner's property in the Dev61 ent) for reasonab hods for violations of this Master
Declaration, the Bylaws, or any end _ ssociation. The procedures for
imposition of fines or suspensio Vr,=ces'
shall be as set forth in the Bylaws or as
required by law.���� ca°rr�a
Section 5. Services. The Association shall have authority, but shall not be
required, to provide any or all of the following services: (a) security and traffic control, including
but not limited to maintenance of restricted entries and/or security gates, employment of police
or security guards, and maintgnance of electronic or other security devices; (b) lighting of
entrances, streets, sidewalks an`'ths; (c) storm r o age; (d) water, sewer and any
necessary utilities not provided by a blic-aut.huate utility; (e) common antenna or
cable service; (f) cleanup and, q. intern_uire o1 p & W9erties located within or in such
reasonable proximity to the Dpment =oer,12JUgor
e appearance of the Development; (g)
provision and/or operation of recreation or programs of any nature serving the
Owners; (h) communications informing Owners of activities or meetings; (i) provision of any of
the services listed above to a Sub -Association by contract with such Association; and 0) such
other services as may be necessary or desirable in the judgment of the Executive Board to carry
Cp�
CUIM�,a,z

ao.
�� 06-03-2010
�df Deed a a . Uhit f 421 .002
Ur le �oun ; RG Regf
Ua�r��
out the Association's functions under this Master Declaration. The Association may contract for
any such services. Should the Association provide any security services or devices, each Owner
recognizes that the Association isV an insurer in syand that the Association does not
guarantee, warrant or insure the personal s�ecurit) on and that the Association is not
required or expected to provid ch protection. Thq_�ption shall be authorized, but not
required, to own or lease such epment, �nd improvements as necessary to provide
any of the foregoing services. �QQ
Section 6. Property and Liability Insurance. The Association shall obtain and
maintain insurance coverage as hereinafter provided.
(a) Commencing n 3t later than the *st conveyance of a Homesite to a
Person other than Declarant, fix .ems g flrmaintain, to the extent reasonably
available: o r
(i) Property insuurran&Lbn the Common Elements insuring
against all risks of direct physical loss commonly insured against
including fire and extended coverage perils. The total amount of insurance
after application of any deductibles shall be not less than 80% of the
replaceme%� cost of the insured property at the time the insurance is
purchased gat eachnewa� date, exclusive of land, excavations,
foundations, q _ nor4ally excluded from property policies.
(uVFJUMOF �Q
Liabil a in reasonable amounts,. covering all
occurrences commonly insure7 inst for death, bodily injury, and
occurrences commc!
property damage arising out of or in connection with the use, ownership,
or maintenance of the Common Elements.
(b) If the insurat described in subsectio ( of this section is not reasonably
available, the Association pgtly s !� that fact to be hand -delivered or
sent prepaid by United Stat . The Association may carry any other
insurance it deems annrc � i t the A4§KqWffih or the Owners.
(c) Insurance policies carried pursuant td' subsection (a) of this section shall
provide that:
(i) Each Owner is an insured person under the policy to the
extent of Owner's insurable ' te�sp
pe,76
(ii) 1"h¢e .insurer nits right to subrogation under the policy
against any, Owner or member er's household;
(iii) No act or omission any Owner, unless acting within the
scope of the Owner's authority on behalf of the Association, will preclude
recovery under the policy; and
rf Z gCgX&

I!! `11 `111+111 iII II Ill II�(�l:f!y�-ifik el P0097 06:47:41.015:47:41.002
inda S. White
Bertie Caun S,R4ter of Deeds page 19 of 42
11�101�EP;C,zi�
(iv) If, at the time of a loss under the policy, there is other
insurancem the name of an Owner covering the same risk covered by the
Policy, the�ciation's polices por�primary insurance.
(d) Any loss co d b,Y the pi+dp61 , der subsection (a) of this Section
teR
shall be adjusted with AssocG�e insurance proceeds for that loss are
payable to any insurance trustee designa that purpose, or otherwise to the
Association, and not to any mortgagee or beneficiary under a deed of trust. The insurance
trustee or the Association shall hold any insurance proceeds in trust for Owners and
lienholders as their interests may appear. Subject to the provisions of subsection (k) of
this Section, the process shall be disbursed first f9r the repair or restoration of the
damaged property, and Ovv ,� rs and lienh ntitled to receive payment of any
portion of the proceeds unles `there is a f proceeds after the property has been
� completely repaired or r, or the AssociatWtrisAssolved.
lllnft�
(e) An insurance policy issued to the Wsdation does not prevent an Owner from
obtaining insurance for the Owner's own benefit.
(1) An insurer that has issued an insurance policy under this Section shall issue
certificates or memorand, of insurance to the Association and, upon written request, to
any Owner, mortgagee or g ciary under a deed of trust. The insurer issuing the policy
may not cancel or refuse to renew it until 30 days after notice of the proposed
cancellation or nonrenewal has been maile&W+Association, and to each Owner,
mortgagee or beneficiary under a deet a whom certificates or memoranda of
insurance have been issued at their respective last own addresses.
(g) Any portion of the Development for which insurance is required under
subsection (a)(i) of this section which is damaged or destroyed shall be repaired or
replaced promptly by tff&*sociation unless (i s ociation has been dissolved, (ii)
repair or replacement woullle r local health or safety statute or
ordinance, or (iii) the O rebuild by an 80% vote, including 100%
approval of Owners as�I
te�� Elements not to be rebuilt. The
cost of repair or replacement in excess proceeds and reserves is a Common
Expense. If any portion of the Common Elements is not repaired or replaced, (i) the
insurance proceeds attributable to the damaged Common Elements shall be used to
restore the damaged area to a condition compatible with the remainder of the
Development, (ii) the i�n� surance proceeds attributable to Limited Common Elements
which are not rebuilt sha*distributed to �to which those Limited Common
Elements were allocated, or `¢1'e interests may appear, and (iii) the
remainder of the proce ut4A9A e Owners or lienholders, as their
interests may appear, ropott ,� it General Common Expense liabilities.
Notwithstanding the provisions of this sun, Section 47F-2-118 of the North
Carolina General Statutes governs the distribution of insurance proceeds if the planned
community is terminated.

Ill i
e 20 of 42
�6-03-2010
f1 1' White47:4S.002
ee
Sortie County ��° }Q
Section 7. Other Insurance.
(a) The AssociatI maintain fide ' rage against dishonest acts by the
Association's officers, emplos responsible for handling funds of
the Association. If the I with another Person to receive and disburse
n�ao
the monies of the Ass i e� ersonr�� staff have adequate fidelity coverage
against dishonest acts and the existenceI erage shall satisfy the requirement of
this paragraph. Any such fidelity coverage shall name the Association as an obligee,
shall be written in such amount as the. Executive Board shall deem appropriate, and shall
contain waivers of any defense based on the exclusion of persons who serve without
compensation from any kfmition of "employee" or sipuilar term.
DIN
(b) To the extent oba;onabl st, the Association shall maintain
appropriate insurance to T',.Ziv officers of the Association from
personal liability arisinonne&q6c eir duties and responsibilities in such
capacities on behalf of the Association. �Q
(c) The Association shall maintain workers compensation with respect to its
employees, if any, as required by law.
(d) The Associate"ay obtain insurance [�gainst such other risks as the
Executive Board shall deem appropJ#�
UMOFFECafl-
Section S. Mainaan lee The Association, its agents and
representatives, shall have an easement upon, acros` ;der, in and under all property located
within the Development as may be necessary or appropriate to make emergency repairs or to
perform the duties and functions _which the Association is obligated or permitted to perform
pursuant to this Master Declaration or by law. The Association shall not unreasonably interfere
with the rights of the Owners in exercise of this easeme t
Section 9. Borrowing by the o
The Association, upon approval by
the Executive Board, shall the power and a Ito borrow funds for use by the
Association in performing its a orized func��a }},,ded that the Common Elements shall
not be mortgaged to secure any such loans without appi'�al of the Owners as provided herein.
Declarant may make loans to the Association on terms and conditions determined by Declarant
in its sole discretion. Notwithstanding anything in this Master Declaration to the contrary, the
Association shall not reduce the amount of the Annual Assessment at any time when any
amounts are due to Declarant yment of any loans Mad�Jby Declarant to the Association.
Section 10. Obliga ' �Ozsociaition. The Association shall not be
obligated to cant' out or offer Ud as required by the provisions of
this Master Declaration or by aw. The carried out or offered by the
Association at any particular time shall be.determined by the Executive Board after taking into
consideration the funds available to the Association and the needs of the Owners.
M

ti..: .
!l l ll!!!! I11l l II EIS F p 9 0:46_03_20
i t6:471.0.002
inda S. White
8ertie C f .'NC t r �O�IO�f� r 21 of 42
ARTICLE VI
COS r O STRICTIONS
.Section 1. Purp Mesta
and beauty of the Developme
pleasing design and to protect and promote the
such property and all improvements thereon,
provisions of this Article VI.
iV, Jp,pA�r to preserve the natural setting
reserve a harmonious and aesthetically
aloe *perry located in the Development, all
including landscaping, shall be subject to the
Section 2. Arch' tural Control Conind e . The Association shall have an
Architectural Control Committee. - Architec ee.,
Ommittee shall consist of not less
than.three, but no more than five, members, �ppointed by and shall serve at the
pleasure of the Executive Board. The AchEtturaic ammittee is hereby authorized to
retain the services of consulting arch') i tects, engineers: ectors, landscape architects, attorneys
and any other professionals it deems appropriate in oo advise and assist the Committee in
performing its functions under this Article. The members of the Architectural Control
Committee may be paid a stipend as established from time to time by the Executive Board.
Section 3. Orgation and Operation xo�
hitectural Control Committee.
The Executive Board shall appointhairpe�saectural Control Committee or, if
the Executive Board fails to do so Co�re;t vy appoint a Chairperson from among its
members. Prior to any mee irdaonable notic&WAWgiven to each member of the
Architectural Control Committee indicating the place of the meeting. Any member
may waive notice by affirmative action or by attendance at a meeting. The Chairperson shall
conduct the meeting or, in the absence of the Chairperson those present may appoint a temporary
chairperson for that purpose. A quorum shall consist of a majority of the members serving on
the Committee at the time of the meeting. The affirmative vote of a majority of the members of
the Architectural Control Co �epresent at a duly . meeting at which a quorum is
present shall govern its actionsanda of -the Arc al Control Committee. Actions
may also be taken by the writte c of the mo mbeers serving on the Committee.
�ao
Section 4. Architectural Designer40&rds and Guidelines; Statutory
Provisions. The Architectural Control Committee may from time to time adopt, establish and
publish architectural design standards and guidelines, which shall be consistent with this Master
Declaration and may more specifically define and describe design standards, guidelines and
review procedures. The architectural design standards and guidelines may be modified or
amended from time to time by th6*chitectural Coi 'ttee. Each Owner shall have the
right to receive a copy of the current gwdelin .Notwithstanding anything in this
Article to the contrary, improve.me-n is v 7 thi n e efogpRffit existing as of the date hereof are
deemed permitted. Further, �uiy impr ernutted by the Architectural Control
Committee (or deemed permitted) as provided herein t the date of this Declaration shall not
be in violation hereof solely due to subsequent changes to the architectural design standards and
guidelines.
� Apo
oUNOMCM&
MnMn1,,_

IS: 47:4@1 .002
Belinda S. White
Bertie nty, NC Register gkjtW40,TAjpage 22 of 42
Section 5. Specific Architectural Controls. Without limitation, the architectural
standards and guidelines may jimit or prohibit the display of political signs (as defined in
N.C.G.S. §47-3-121(2)) and the hkpf the United ScatIqs o� t!ie State of North Carolina, or other
decorative flags. To the extent the 't tanjards -and guidelines require irrigation of
landscaping, such requirement ' e t _requirement would otherwise be
prohibited during any period i� the North Carolina, a North Carolina State
agency, or unit of local government has impose conservation measures (each such
instance, a "Drought"), and the Association may not fine or otherwise penalize an Owner for
violation of an irrigation requirement during a Drought. In addition to any provisions of the the
architectural standards and guidelines, the following covenants and restrictions shall apply to all
property within the Developme ,,� po
(a) The following are expres , A
(1) Vinyl siding;
(2) Window -unit air conditioners;
(3) Clotheslines; and
(4) Inopera Iles or velij6l�tt current registration.
(b) No dwellingsl br erc c te�,ca gftEemain on a Homesite if the main
structure, exclusive of 4ert porch carports, basements, decks, and stoops,
shall be less than 1,800 square feet (for on � dwellings) or 2,600 square feet (for
two-story dwellings).
(c) No boat, vessel, motor boat, boat trailer or similar vehicle, and no boat slip,
dock, pier or other similes structure shall be stored, located or constructed on any portion
of the Development. Prd, the foregoing res[riction shall not apply to (i) those
Homesites designated as lots 354. 355 and 356 as shown on that Final
Subdivision Plat Phase ii Map S& Page 343 in the Registry, or (ii)
any property within the=I�o'pme"*
d developed by Declarant for use as a
marina.
(d) No fence, wall, hedge, mass planting or similar barrier shall be permitted on a
Homesite without the prior written approval of the Architectural Control Committee, and
in no event shall any sue�obarrier be located any cl ser to any street than the front of the
residential dwelling constro�on the o I�
Q
[�j
(e) No trees or otlicr veg-ewoon exceWww&& deadwood, underbrush or grass,
may be cut or removed from anyior to or during construction of any
improvements thereon without the prior written 4pproval of the Architectural Control
Committee and, even then, only for the purpose of providing reasonable space for
approved improvements. In no event shall any tree having a trunk diameter exceeding
six inches at four feet above ground level be removed without the prior written approval
oo UMOFFICZAfl-

Illl �ll��l l�I �I! I II:III S. White 4i 401002
BertEq County, NC �gi�ter� o� page 23 of 42
of the Architectural Control Committee, unless such tree is dead or diseased or poses an
imminent threat or dangejra
to persons or property.
(f) No bicycles or tas on rs may �/" on balconies or porches. Lawn
furniture and barbecue=:by
fie r�i rd under local law) may be stored on balconies or
porches if approved in ' ERVontrol Committee. No furniture or
personal property shall be permitted on ah or stoop except plants, which must
be approved by the Architectural Control Committee. No furniture or any other type of
personal property or fixtures shall be permitted in any Common Elements or Limited
Common Elements.
(g) No structure o�11 a porary ch-aw ding, but not limited to, trailer,
tent, shack, garage, barn or o out ildin
r &�s used on any Homesite any time as
�-
a residence either tempo rY or perrhanent�y��or�r��aa
(h) No truck or other vehicle in eQW&a three-quarter ton capacity, camper,
trailer, motor or mobile homes, or similar type vehicle or apparatus shall be permitted to
remain on any Homesite, or in parking spaces, or on any street at any time, unless by
consent of the Association. No vehicle of any type shall be parked on any street in the
Development. All vehis, including motorcycles, must be parked in a garage or as
otherwise permitted in writidgby the =of
on. QAll tools or other materials stored in
vehicles for overnight parkinga l P sight. No customized vehicles that are
unsightly in appearance y the Board or the Declarant shall be
allowed. This provisi shall nil � ustomary construction vehicles and
equipment in use during a period of construction a roved in accordance with this Master
Declaration.
(i) No trade or business may be conducted in or from any Homesite, except that
an Owner or occupant rd*ing in a residential d=*g ayconduct business activities
therein so long as: (i) the exce or mess activity is not apparent or
detectable by sight, sound the residence; (u) the business activity
�
conforms to all zoning r peev
e Yq�&�iii) the business activity does not
involve persons coming into e° do not reside in the Development or
door-to-door solicitation of residents of the Development; and (iv) the business activity is
consistent with the residential character of the Development and does not constitute a
nuisance, or a hazardous or offensive use, or threaten the security or safety of other
residents of the Develrment, as may be determined in the sole discretion of the
Executive Board.
Section 6. Planea. No site preparation, excavation, or
ao ���
changes in grade, nor any co er� era on installation of any improvements
(including, but not limited to, dwellings, outbm 4�eways, fences, walls, signs; antennas,
mailboxes, post lamps or other structures or ornamental features) or landscaping shall be
undertaken or allowed to remain upon any property in the Development unless plans and
specifications showing the nature, kind, shape, height, materials, color scheme and location of

. 41 LJ
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Bertie Counter, NC Raoister of a 24 of 42
the proposed improvements and/or landscaping shall have been submitted to and expressly
approved in writing by the Arctectural Control Committee. Submittals for new construction
shall include a site plan and suc r information 'tectural Control Committee may
require. No subsequent alteration, �4on of additional improvements or
landscaping shall be undertake l� to �t the review and express written
approval of the Architectural �� Co Poor to occupancy of a structure in the
Development, a certificate of final approval mu �W d from the Architectural Control
Committee. The Architectural Control Committee or its agents shall have the right to inspect all
construction to insure that the same is in accordance with the approved plans, specifications and
details. These required approvals are separate from and in addition to permits and approvals
required by public authorities. Sao
Section 7. Dwellin Construe Unless subsequently established
g gi��Ie. q Y
by the Association, there shall 11. r 0 requirer ent t construction of a dwelling on a
Homesite. Provided, once commenced, the � truction time for the dwelling, from
pouring footings to the completion of the dwelling re for occupancy, shall not exceed 24
months. Weather permitting, all landscaping will be finished upon completion of the dwelling,
but in no event more than 90 days thereafter.
Section 8. Architural Review Process. The Owner shall submit or cause to
be submitted to the Architectural of Committee a complete application including at least
two complete sets of the final plan ptcirlcations for any and all proposed improvements
and landscaping. The Archit I ro Co 4 approve or disapprove of such
P
lans and s1? ecifications within days fromk� mplete application. The application
shall not be complete if the plans and specifications or other information required to be
submitted contain erroneous data or fail to present full and adequate details upon which the
Architectural Control Committee can reach a decision. The Architectural Control Committee
shall retain one set of plans and specifications for its permanent files and the other set shall be
returned to the Person submittin4m, with the appro=ve
pproval endorsed thereon. The
Architectural Control committee sha ay t any plans, specifications or
details submitted to it in the ev accordance with any of the provisions of
this Master Declaration yr an31tec gas cis and guidelines adopted by the
Architectural Control Committee, or if the desies or color schemes of the proposed
improvements or landscaping are not in harmony with the general surroundings of the subject
property or with the standards of the Development. if the Architectural Control Committee fails
to approve or disapprove plans and specifications within 60 days after a complete application has
been submitted and received, a4roval shall not be required and the requirements of this Article
will be deemed to have been fully satisfied withto the plans and specifications
submitted; provided, .however, that all `improvementsgn�
esubject to the other provisions of
this Master Declaration and a amendment hereWM9,*elemental declaration executed in
accordance with the provisions eof ande Registry, including without limitation
any building setbacks, minimum house size require ° and maximum imperious coverage
restrictions.
Do 17
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Melinda S. White
Bartle Counfiy� NC Rq' eh of Deeds page 25 of 42
lU��o
Section 9. Expenses; Review Fees, Construction Bonds and Fines. The
Association shall pay all expenses of the Architectural Control Committee. The Association and
the Architectural Control Comm shall have au #barge Owners review fees and to
require a construction bond or depos%with.each submitted for review, in amounts
established from time to time,an& such art 66 is sl ��� �p cted by the Architectural Control
Committee at the time the appliti(nn is su remitted to the Association to help defray
the expenses of the Committee's operation. Reviewed construction bonds or deposits may
vary depending on the classification of the property. The Association and the Architectural
Control Committee shall also have authority to levy fines for unapproved changes or other
violations of the provisions of this Master Declaration, any amendment hereto or supplemental
declaration executed in accordae with the provisions hereof and recorded in the Registry, any
design standards and guidelines Jopted by the I ny other requirements adopted by
the Committee in accordance with any,oftlte fe.
UNSFYMMU
Section 10. Main ance oP��. Each Owner of property in the
Development, to the extent not provided by a Sub-Asl4ion of which the Owner is a member,
shall be responsible for the repair, maintenance and upkeep of such Owner's property, whether
improved or unimproved, including but not limited to all structures, vegetation, landscaping,
fences, driveways, glass surfaces, window and door screens, .patios, decks, basement and crawl
space areas; provided, howeve& it the external appe of such repairs, maintenance and
upkeep. shall be subject to thegation avid co;T� the Executive Board and the
Architectural Control Committee ould an Owner or Sub -Association fail to discharge its
repair, maintenance or upkeep�ii> i I iV314aANVrmined
and prudent manner harmonious
with that of other property within the Develop 1by the Executive Board in its
sole and absolute discretion), the Association shall provide such Owner or Sub -Association
written notice of such deficiency. If the problem has not been remedied within a reasonable time
(as determined by the Executive Board in its sole and absolute discretion), the Association shall
have the right to cause such repair, maintenance and upkeep to be performed and to charge the
cost thereof as an Assessment a ble to such prr&&
Section 11. Limi ®� A� o �� tQher the Architectural Control
Committee, nor any member tt� shad be lad e �o any person for any official act of the
Committee, except to the extent the Committee or member thereof acted with malice or
wrongful intent. The Association shall defend and indemnify the Architectural Control
Committee and the members thereof in any action or proceeding against the Committee or any
member thereof acting in such capacity, except to the extent that the Committee or the member
shall be adjudged to have actc*rth malice or wrongful int nt; provided that a court in which
such action or proceeding is broumay determine that in w of all the circumstances of the
case, such person is fairly and reasonal7iy e to tzdcim ication. Approval of any plans and
specifications by the Architect
rchitec C o.ntrol mini o MWt assure approval thereof by any
governmental authority. Nothstandi chitectural Control Committee has
approved puts or speciucations, neither the Architectu ontrol Committee, the Association or.
Declarant, nor any of their respective officer, directors, members, managers, employees, agents
or consultants, shall be responsible in any way for any defects in any plans or specifications
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,
submitted, revised or approved in accordance with the provisions hereof, or for any structural or
other defects in any work done according to such plans and specifications.
Section 12. Mowing. �`ie Ni have authority to establish a
requirement for periodic mo prole i D velo went by a specified date or dates
q P corm a c
each year and, for any such pr at he s rash mowe y such date, the Association shall
have authority to cause such property to be mod to charge the cost thereof as an
Assessment attributable to such property.
Section 13. Removal of Nonconforming Improvements; Repair or Removal
After Casualty. The Associaton, upon request of the Architectural Control Committee and
after reasonable notice to the Owner, may remove 4W4mt?rovc cents or landscaping constructed,
altered or maintained in violation of the provisiora�' af- has Master Declaration, any amendment
hereto or supplemental dec=gn
executed in a gwith the provisions hereof and
recorded in the Registry, or staP"[ 'defines adopted by the Committee, and
the Owner thereof shall forthwith reimburse the iation for all expenses incurred in
connection therewith, which expenses shall constitute an Assessment attributable to such
property. Any improvement damaged in whole or in part by fire,. windstorm or any other cause
must be promptly restored or all debris removed and the property restored to a sightly condition.
Such restoration or removal of nis �s„hall be completedEsociation
three months from the date of
the casualty unless the Architec a R trol Committeewritten extension. If an Owner
or Sub -Association fails to comply r��g th i pe y LIEE shall have the right to
cause such restoration or retuoval to beWbrmW0&FAMffi charge the cost thereof as an
Assessment attributable to such property. YQ�qQ
Section 14. Antennas, Aerials and Satellite Dishes.
(a) It is the intent and desire of Declarant that the Development be developed in
an aesthetically pleasanrer, and that the resid s constructed on Homesites retain
a harmonious and consisten appear�t is the goal of the provisions of
this Section 14 to limit the installati =Hite dishes, antennas and aerials on the
Homesites so that such are not isih S?p? tliFW6ff l`1-front of such Homesite.
(b) A "Satellite Dish" or "Antenna," as such terms are defined below, shall be
permitted to be installed by an Owner without the approval of the Declarant, the
Association or the Architectural Control Committee, provided the location of the Satellite
Dish or Antenna, and all related cables and wiring, are installed at the least visible
location on such OwnerQ4 mesite, as view a street directly in front of such
Homesite, which will not rest aw on of reception. Within 20 days
from the installation of }}� rtt!a,an Owner shall notify the Association
of such installation. Suh$ttce [MPE�!on '°Oieg item installed, the approximate
location on such Homesite, and that meets the standards contained in
this subsection (b).

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J�YIA lnda ��jjrir15:47:41.002
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Bertie Co,• NC Regisof Q--�ge 27 of 42
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(c) Declarant and the Association shall have the right to enter upon a Homesite on
which a Satellite Dish or Antenna is installed in order to (i) confirm that the Satellite Dish
or Antenna, as the case in, was installed '=te
ce with the standard specified in
Section 14(b), above; or (ii) in Declarant or the Association, as
the case. may be, Ian or &89p3J#ption thereof, so as to shield or
otherwise block the vie=o such h or Antenna from the street_ in front of
such Homesite. In the event the installation not meet the standard specified in
Section 14(b), above, the Association may require the relocation of the Satellite Dish or
Antenna by the Owner, at the Owner's expense, to another location which meets such
standard. In addition, the Association shall have the right to require the Owner, at the
Owner's expense, to paigj,the Satellite Dish or Ante (provided that such painting does
not impair the reception them to matc of the installation area.
IC
(d) For purposemotion 14,cr Satellite Dish and Antenna
shall mean any satellitelilsanterma:-that ' d 'ect to the Telecommunications Act of
1996, as amended, and any applicable regula issued thereunder (collectively, the
"Telecom Act!).
(e) Any antennas, aerials, satellite dishes, or other apparatus not subject to the
Telecom Act shall be permitted on a Homesite oal if: (i) concealed by landscaping,
re
fencing, or a combination theof; (ii) installed so as �t to be visible from the street in
front.of such Homesite, front elevation street view; and.(iii) not constitute a nuisance to
any other Owner. All it t lations under this (e) shall be first approved by the
Association. Q P0024,z
(f) No radio or television signals, nor electromagnetic radiation, shall be
permitted to originate from any Homesite which may unreasonably interfere with the
reception of television or radio signals within the Development, provided however that
Declarant and/or the As*.tion shall have the ri thout obligation, to erect one or
more aerials, satellite dishesQo paratuster antennas or cable system for
the benefit of all or a vi i o meat should any such master system or
systems be utilized by �cia�� � �ch exterior apparatus.
C YA§Q
ARTICLE VII
RIGHTS AND RESERVATIONS OF DECLARANT
Section 1. Rese c� of Rights. I)e shall have and hereby retains and
reserves certain rights, reservatio d easern�m it s shall
in this Master Declaration,
includingbut not limited to th forth. in'this Declarant's rights, reservations
��
and easements as set forth in aster � s e deemed excepted and reserved in
each deed or -other instrument by which any prop 4 hin the Development is conveyed by
Declarant to any Person, whether or not specifically stated therein. Declarant's rights,
reservations and easements as set forth in this Master Declaration shall be prior and superior to
any other provisions of this Master Declaration and may not, without Declarant's prior written
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05:47:401.002
II�'�III�1�1'II�II�� slLnda S. White
Sortie Count fJoe,
s a e 28 of 42
v�UMOFFM as
consent, be modified, amended, rescinded or affected by any amendment to this Master
Declaration.
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Section 2. Declarants ig s� t anmon Elements. Declarant shall have
and hereby retains and reserves right _to e o bl o of the Common Elements (including
Limited Common Elements) an f services'ofiered e�Lsociation in connection with the
development, .construction, promotion, marketing, srld leasing of properties within the
boundaries of the Development and the Expansion Area. Without limiting the generality of the
foregoing, Declarant may: (a) erect and maintain on any part of the Common Elements such
signs, temporary buildings and other structures as Declarant may reasonably deem necessary or
proper; (b) use a portion of any,#ubhouse or other structure (,onstituting Common Elements for
office space for administrative, development, construction, sal, s and/or leasing purposes; (c) use
vehicles and equipment on the C m 1p�-__ [eri� is for development, construction and
promotional purposes; (d) permit prospeetiWe pure pmoperties within such boundaries,
P
who are not Owners, to use or enter the Common. Elements at reasonable times and in reasonable
numbers; and (e) refer to the Association and to the C onlmon Elements and services offered by
the Association in connection with the development, construction, promotion, marketing, sale
and leasing of properties within such boundaries.
Section 3. Decla's Rights to Com 1 t velopment. No provision of this
Master Declaration shall, be construe Q prevent is rights, or require Declarant
to obtain approval of the Associ '?n or -the Arch t Control Committee, to: (a) complete
the development, construction, imabi n, rn rketi ;'Yd leasing of property within the
Development and the Expansion Area; (b) excaMiPjAefill or grade any property owned by
Declarant; (c) construct, alter, remodel, demolish or replace any improvements on any property
owned by Declarant; (d) maintain model homes and/or offices for administrative, development,
construction, sales and/or leasing purposes or similar facilities on any property owned by
Declarant or by the Associatio$ or (e) post signs incidental to the development, construction,
promotion, marketing, sale and of prope lopment and the Expansion
ZVI 7�"Y" Area.
Section 4. Eased r E o ezvc pment. Declarant shall have and
hereby retains and reserves a perpetual, nonexcusement over the Common Elements
(including Limited Common Elements) for ingress, egress and regress, and for construction,
operation, maintenance and repair of drainage facilities, utilities, streets, paths, walkways,
signage, recreation areas and/or parking areas, all in connection with serving the Owners of
property within the Developme as the same may be expanded, which nonexclusive easement
and rights may by assigned in who in part. Q
Section 5. Ease 1MR PFRperty. Declarant shall have and
hereby retains and reserves a foal, , easement over the Common Elements
(including Limited Common Elements) for ingress, ss and regress, and for construction,
operation, maintenance and repair of drainage facilities, utilities, streets, paths, walkways,
signage, recreation areas and/or parking areas, all in connection with the development and use of
��°vt� %VQ scgxa
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II II IIII(��(II`I �1!! .1Uh te47 401002
Bertie Coun e ogot"
ge 29 of 42
CtOn�l�(l�Ag
property within the Expansion Area, or any portion thereof, other than as part of the
Development, which nonexclusive easement and rights may by assigned in whole or in part.
��
Section b. Easement ` Recreata es. Declarant shall have. and
hereby retains and reserves a perpetral right to1;0 a aintainand operate recreational
facilities that are not Common E cements, not invited to swimming pools, tennis
courts and clubhouses, whether locatedTwit2hut the Development, including a
nonexclusive right of way and easement for ingress, egress and regress for construction,
operation, maintenance and repair of any such recreational facilities, over all streets shown on
any plat of any portion of the Development recorded in the Registry, whether such streets are
designated as Common Elemen&�, Limited Common Elements or otherwise. This reservation is
made for the benefit of Declarant, the owners o uchi recreal i onal facilities, the members and
invited guests of any club associated ¢with #futilities, and for the associated operation,
maintenance and service P ers L Nothinghere. construed as a requirement or
representation that Declarant or other Perso_n�� ct any recreational facilities.
Section 7. Golf Course Easements. Declarant hereby reserves for itself and for
the benefit of any Person developing or owning any golf course or other recreational amenities,
including, but not limited to, tennis courts, clubhouses, and swimming pools, which serve the
Development, whether located 'thin or without the D vopment, the following described
easements upon, across, over, in an < er the Pt-,vei�'t'
(a) Golf Cart Parli l-:ase desi h on a plat or plats, or described
in a deed or other document recor eP try, shall be used for golf cart paths,
pedestrian walkways, maintenance and vehicle mess, and unhindered access between
said paths and a golf course. Nothing shall be placed or maintained in any Golf Cart Path
Easement which shall interfere with utilization thereof.
(b) Golf Course HWments designated ass I n a plat or plats, or described in a
deed or other document red in be developed as part of a golf
course for purposes of maintenance ig or the placement of improvements. No
Owner shall place an ini�op ement Gold ement without the prior written
consent of the holder of the Golf Co��
(c) Non-exclusive rights and easements, of access and use of all streets,
roadways, paths and walkways located within the Development reasonably necessary for
the construction, maintenance, operation, access and use of any golf course or other
recreational amenities.
(d) A temporary �e ls�ment over each parcel or tract of land
adjacent to a golf coursa dy car e'�� of registered golf course players
to enter upon such property in a reason U*&and manner to remove an errant golf
ball. This easement is for pedestrian access only and does not include golf cart or other
vehicular access.
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Bartle Courri NC.:R iikter ofG�m ge 30 of 42
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(e) Easements for ingress, egress and regress, and for construction, operation,
maintenance and repair, of drainage, collection and other necessary or appropriate
facilities for the collectio 'nsfer and stora Beater and stormwater runoff, all in
connection with the use and operatio urse, together with an irrevocable
license to use any water ect therebyf
rses.
Declarant reserves the right to grant or deediQfi*sement rights to any Person or entity
developing a golf .course or other recreational amenities and to impose such additional
restrictions on such easements at that time and from time to time as may be reasonably required
to effectuate the purposes of such easements. The reservation of these easements is made for the
benefit of Declarant, the develar of a golf course, the me ers and invited guests of any golf
club -associated with such golf coig"d for the7rr d 'ntenance and service personnel.
Q
Nothing herein shall be stni )as a�(q'uirg"*AWpresentation that a golf course or
any other recreational amenities 11 be co declarant or any other Person, or that any
view over and across any golf course actually construcJ�vill be preserved without impairment.
Section 8. Withdrawal of Real Estate. Declarant hereby reserves the right,
during the Declarant Control Period, to withdraw real estate from the Development from time to
time without the consent of any, er or mortgagee other the Owner and any mortgagee of
any property located within the real estate to be withdrawnclarant's right to withdraw under
this Section presently extends only to the r estate described on Exhibit A; provided, however,
that if and as real estate is adde{� � the De o mend is right of withdrawal hereunder
shall extend to the real estate so ded.
Section 9. Sewer System. Declarant reserves the right and authority to construct,
install, maintain and operate a central sewer system serving all or a portion of the Development
(the "Sewer System"). Each Owner, whether or not it shall be so expressed in the deed or other
conveyance to such Owner, acl&Wledges and agrees tha Lay, be required to connect to any
such Sewer System, to pay the cos0�he ation, repair and maintenance of
the sewer lines serving his pro to p;=T Pees, monthly use fees and other costs in
connection with sewer servi a pionts WVAW in this Master Declaration for
installation, repair and maintenance of utilities include the installation, repair and
maintenance of the Sewer System.
ARTICLE VIII
ANTION AND NTS
Section 1. Ann Declarant reserves the right, but shall not
UM
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be obligated, to expand the De ent to fimeVy annexation to include additional
property within the Expansion Area. Such exp�may be accomplished by recording
amendments hereto or a supplemental declarations referring to this Master Declaration in the
Registry, on or before the expiration of the Declarant Control Period, describing the real property
to be annexed in each instance and subjecting it to the provisions of this Master Declaration.

ff llff oil! 1lf 1111-11poir 0:03-2010
��ffppBPeAl�i�nda S. White4741 002
nty;Regi�JnMOI�d
page 31 of 42
Such amendments or supplemental declarations shall not require the consent of any Owners or
the Association. Any such annexation shall be effective upon the filing for record of such
amendment or supplemental decion. Upon ler
on of any such amendment or
supplemental declaration, the definite Declaration shall be expanded
automatically to encompass anda� a •p q�p�anded. Any such amendment or
supplemental declaration may a ete, rovisions of this Master Declaration as it
applies to the property being annexed. This M bSclaration may not be modified with
respect to property that is already part of the Development, except as hereinafter provided for
amendments.
Section 2. Anneion by Owners. The Ompers shall have the right to annex
any property into the Developm at any time,. ' nsent of the owner(s) of such
property, by the affirmative vote or wri n �wners of property to which at least
67% of the votes of all the O i�� are, a b5 ated; pr t any such annexation prior to the
expiration of the Declarant Con�trdl Period shall require a written consent of Declarant. Such
annexation may be accomplished by recording an amennt hereto in the Registry, describing
the real property to be annexed and subjecting it to the provisions of this Master Declaration.
Section 3. Amendments by Declarant. Declarant may unilaterally amend this
Master Declaration, so long othe amendment has n aterial adverse effect upon the
substantive rights of any other Ownor th , any amendment (i) required by
any governmental authority, (ii) made in crd t&k-ii%ve consistency with any governmental
permit or amendment thereto, o Oi) made to rrecfV&ffiypographical or drafting errors or
inconsistencies, shall be deemed not materia - or so long as it shall retain control of
the Executive Board, and thereafter the Executive Board, may amend this Master Declaration as
shall be necessary, in its opinion and without the consent of any Owner, in order to qualify the
Association for tax exempt status under any applicable laws or regulations.
Section 4. Amen nt b Owners. etas otherwise provided in this
Article, this Master Declaration m e amen rD the affirmative vote or written
agreement of Owners of prope�tl}` to whic' i-'at tfi607% of the votes of all the Owners are
allocated; provided that any such .6nendm k �}}� WOOzeclarant
id. in the Registry, in order to be
effective and any amendment prior to the explrahoYi Control Period shall require
the written consent of Declarant. If an Owner consents to any amendment to this Master
Declaration, it will be conclusively presumed that such Owner has the authority to give such
consent and no contrary provision in any Mortgage or contract between the Owner and a third
party will affect the validity of sgch amendment. No amendment may remove, revoke or modify
any right or privilege of Declarant or the assignee ofr privilege. No amendment may
air im the validity or priority of the lien cn ofany AteRld by a Mortgagee, or impair the
P ,
rights granted to Mortgagees he¢ithout the pno� nsent of such Mortgagee(s).
ltJooG�OG���,,�������,.,
Section 5. Execution and R.ecorda6"f Annexations and Amendments.
Declarant may record any annexation, amendment or supplemental declaration made by
Declarant in accordance with the provisions of this Article. Any other annexation or amendment
to this Master Declaration shall, following approval by the Owners (to the extent that such
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06-03-200
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Bertie County, NC Re r Us 32 of
page 42
10 iAr'IOFFECECIb
approval is required), be delivered to the Executive Board and the Executive Board shall, within
30 days after receipt thereof: (a) reasonably assure itself that the amendment has been duly
approved by the Owners (to the t required) as provided ein; (b) attach to the amendment
a certification as to its validity, whic,* a# shall be my executed and acknowledged;
and (c) cause the amendment to the IZ�4caa
Sao
Section 6. Effect and Validity of ents. In order to be effective, any
amendment to this Master Declaration must be recorded in the Registry. All amendments shall
be effective from the date of recordation. When any instrument purporting to amend this Master
Declaration has been executed by Declarant or certified by the Executive Board, as applicable,
and recorded as provided in thi"icle, it shall be conclusively presumed that such instrument
constitutes a valid amendment.
e &
Section 7. Approv A�end ,,Raring the term of that certain loan
secured by the Real Estate D Truce in Book 840, Page 588, Bertie County
Registry, and that certain loan secured by the Comm Construction Deed of Trust recorded
in Book 872, Page 100, Bertie County Registry, (collectively, the "Loans"), any material
amendment of this Master Declaration pursuant to Section 3 or Section 4 of. this Article VIH
shall require the prior written approval of The East Carolina Bank, a North Carolina banking
corporation ("Lender"). This appF right shall terminate u n payment in full of the Loans.
ADDITIONAL PROVi�ONS F PHASES• STORMWATER
a ,
�Q
MANAGEMENT, IMPERVIOUS SURFACE COVERAGE
Section I. Phase 1, Phase 1A and Phase 2A. The following restrictions are
applicable only to the propertie$'wn on the Final PI a f
se 1 recorded in Cabinet B, Page
771 of the Registry (the "Phase 1 ]tea the 1 A recorded in. Cabinet C, Page
192 of the Registry (the ",Phase,1 Phase 2A recorded in Cabinet C,
Page 338 of the Registry: ua°r���
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(a) Resubdivision and Combination. o Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. Declarant. expressly reserves to itself the right to resubdivide or change the
boundary lines of any Homesite or Homesites owned by it. A combined Homsite may be
created by (i) Declarant "ing any two or elites, or (ii) an Owner acquiring
two or more adjacent Homesi owed by the construction thereon
of a single dwelling in=Z60r7g5;-e the Homesites to be treated as one
. �,
Homesite in order to m� sett�remen§s. teach combined Homesite shall be
considered a single Homesite for assesQW6Wt voting purposes as contained in this
Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and
a Certificate of Occupancy or Compliance has been issued by the appropriate
governmental authorities. The covenants, conditions, restrictions and easements set forth
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herein shall apply to each Homesite so created, except that the provisions creating
easements for drainage a,pd utilities along all side lot lines shall apply only to the exterior
side lines of a combine * mesite (unlessnt is specifically shown on the
affected Homesite or Homes o a release must be obtained
from the parry or parties with right�1110=case
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(b) Building Location and Setbac&4le Architectural Control Committee
shall have the authority to determine the specific location of any dwelling or other
structure on any Homesite; provided that no dwelling, detached garage or other
outbuilding shall be erected or allowed to remain on any Homesite nearer to any property
line than the minimum&etibback lines shown or described on the Plat, unless such a
setback is waived or mowriting b ch itc-ciural Control Committee.
(c) Animais; N is ee�and other household pets shall be
permitted, provided tha are
further ' 'ntained for commercial purposes and
rther provided that they are kept and mai� compliance with all applicable laws
and ordinances and any rules or regulations adopted by the Association relating thereto.
All such pets shall remain under the control and supervision of an adult Owner, and shall
not be permitted off of such Owner's respective Homesite unless on a leash or other
restraint. No doghousesns, runs or other structure or the care or maintenance of pets
shall be permitted to remaui ny Howesi te. TI "Iner of any pet shall be responsible
to clean u or repair an 0. a caused b such et, and assure that such pet
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does not create any unr��ly dis�urbanc6 as expressly provided herein, no
f -.
animals, livestock or fowl of any d -i kept or allowed to remain on any
Homesite for any purpose. No noxious, offensir illegal activities shall be conducted
upon any Homesite nor shall anything be done on. any Homesite that is a nuisance or an
annoyance to the community.
(d) Maintenanc�Homesites and I ments. All Homesites shall be
maintained in a sightly condf , ft weeds and high grass, and all
improvements on the Hone-lsxtgs s ntamed in a sightly condition, all to a
standard that is harmonio as with -other propeAffdMUevelopment, as determined by the
Architectural Control Committee and ihellkft�Ation in accordance with this Master
Declaration. If the Owner of a Homesite fails to comply with these requirements,. the
Association shall have the right to cause such maintenance to be performed and to charge
the cost thereof as an Assessment attributable to such Homesite as provided in this
Master Declaration.
(e) Repair or Removitvf Improve improvement damaged in whole
or in part by fire, windstorm or @y other eaus Pe promptly restored or all debris
removed and the Homesite; restored to a sightly con on. Such restoration or removal of
debris shall be completed within three months from the date of the casualty unless the
Architectural Control Committee grants a written extension. If the Owner of a Homesite
fails to comply with this requirement, the Association shall have the right to cause such
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restoration or removal to be performed and to charge the cost thereof as an Assessment
attributable to such Hompmte as provided in this Master Declaration.
(f) Wetlands.
Corps of Engineers re€
disturbing activities are
wetlands subject to U.S. Army
ding, excavating and other land
w Homesite.
(g) Easements. Declarant hereby reserves for itself, its successors and assigns:
(i) easements for drainage and utilities on all Homesites along all property lines,
measured 10 feet into the Homesite from each property line; (ii) easements for pathways
on all Homesites along,911 property lines abutting a street, measured 1.5 feet from the
property lines of the abuttreets, for pede lcycles and such other uses as may
be permitted by the Association, all 52bjc.� and regulations of the Association;
(iii) other easements Unasemet=t
on t'le Plat; 6�gther easements described in this
Master Declaration. for the installation and maintenance of
drainage facilities and utilities acro,�d the ground, or for other purposes as
specified on the applicable plat or in this Master Declaration, together with the right of
ingress and egress over and upon the subject property for such purposes. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications, w supply, sewer, and ' " ation. All such easements are
nonexclusive and shall be %Wable, ' , to the Association, to public
utilities, and to other providers of utili Easements for drainage facilities and
utilities must be used so to interfere as littWWVff0le with the use of the Homesites
by the Owners thereof. dements for A� ��jilities, utilities and/or pathways along
a property line of any street abutting a Homesi • shall not be deemed to prohibit a
driveway crossing.
(h) Waiver of and Consent to Violations. Where approval authority is
specifically granted to ,Architectural Control ttee herein, the Architectural
Control Committee may w a violation cif � meant, condition or restriction by
appropriate instrument in Otherwise, Declarant may waive any violation of the
covenants, conditions i4� fo4�©ff�I or release any of the easements
reserved herein, by appropriate in ee C"ting; provided that any waiver of
Sections 2 or 3 of this Article shall require approval by the Division of Water Quality of
the Department of Environment and Natural Resources, or other appropriate official or
authority of the State of North Carolina (collectively, "DWQ").
(i) Enforcement'o cept to the exte waiver has been duly granted as
provided herein, Declarant, t§&Assoc i �pctive successors and assigns, and
any Owner of a Homes' shall, hav,.� the�ri t to enforce, by a proceeding at law or in
equity, all of the cov C011d1tisrtons set.forth herein against any person
or persons violating or attempting to violate e, either to restrain the violation or to
recover damages. Failure by any such entity or person to enforce any of the covenants,
conditions or restrictions set forth herein shall in no event be deemed a waiver of the right
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to do so thereafter. The State of North Carolina shall have the right to enforce Sections 2
and 3 of this Article.
Section 2. Stormwatw- V a p sous Surface Coverage — Phase
1 and Phase IA. The cove are intended to ensure ongoing compliance
with State Stormwater Manage rmtt Z=ity.
MI, as issued by the Department of
Environment and Natural Resources, Division o For each Homesite shown on
the Phase 1 Plat and the Phase IA Plat, the allowable built-u)on area is 7,000 square feet. This
allotted amount includes any built -upon area constructed within the Homesite property
boundaries, and that portion of the right-of-way between the front line of the Homesite and the
edge of the pavement. Built Won area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slaquina, driv A1Z1) s ii_P _l king areas, but does not include
raised, open wood decking, or the wafc'*su'ae"-f sv.-iinrning pools. Homesites within CAMA's
Area of Environmental Concern ("AEC") may have fto ed built -upon area reduced due to
CAMA jurisdiction within the AECFilling Filling izi, pip111, or altering any vegetated conveyances
(ditches, swales, etc.) associated with the development, ept for average driveway crossings, is
prohibited by any Persons. A 30' vegetated buffer must be maintained between all built -upon
area and the mean high water line of surface waters. All roof drains shall terminate at least 30'
from the mean high water mark. Each designated curb outlet swale or 100' vegetated area
shown on the approved plan mt & maintained at a of 100' long with 5:1 (H:V) side
slopes or flatter, have a longitudin�ope n , carry the flow from a 10 year
storm in a non -erosive manner, and jai fai h aj getated cover. Such swales are located in
either the common elements or a draina(g terc anent as shown on the Plat. These
covenants pertaining to stormwater may not b ki Qrescinded without the express written
consent of DWQ.
Section 3. Stormwater Management; Impervious Surface Coverage. — Phase
2A. The covenants in this paragraph are intended to ensure ongoing compliance with State
Stormwater Management Pe umber SW707061 as issued by the Department of
Environment and Natural Resources,`Qjvision of Wat4i =- For each Homesite shown on
the Phase 2A Plat, the allowable buUtrpbn area is 7.000 oquare feet. This allotted amount
includes any built -upon area coristru ted (� the Harnesite property boundaries, and that
portion of the right-of-way between the front line WMomesite and the edge of the pavement.
Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina, driveways and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools. Homesites within CAMA's Area of Environmental
Concern ("AEC") may have t Vermitted built -upon area reduced due to CAMA jurisdiction
within the AEC. Filling in, piping, or altering an ed conveyances (ditches, swales,
etc.) associated with the development., ex 4ztveway crossings, is prohibited by
any Persons. Filling in, piping orI altering y�ege a sociated with the development is
prohibited by any persons. A JO' vegeta t be maintained between all built -upon
area. and the mean high water line of surface avaters. 400f drains shall terminate at least 30'
from the mean high water mark. These covenants pertaining to stormwater may not be altered or
rescinded without the express written consent of DWQ.
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06:47:41-0
B ° ib4741.002
Bettie coon KC Reg ds bite
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Section 4. No Prior Public Dedication. Declarant confirms that the property
described on Plat 1, Plat lA and Plat 2A has not previously been, and is not hereby, dedicated for
the use by the general public;,4 is for the u oyment of the Owners in the
Development, as more fully provided'n thii - ate - . Further, that any streets and or
roads shown on Plat 1, Plat lA t 2� e pn ° for the benefit of Owners in the
Development and are designate mM&
ARTICLE X
GENERAL PROVISIONS
Section 1. Limited Liability. Dec] of be liable to any Owner or to
any other Person on account of any claifn, IlabiIity, =Z#or�expense suffered or incurred by or
threatened against any such O tither Persoqq° ut of or related to any reviews,
inspections, consents or approv equire�� lated under this Master Declaration,
whether such reviews, inspections, consents or approv� given, granted or withheld.
Section 2. Transfer of Declarant's Rights. Declarant shall have the right to
assign and transfer, in whole or in part, any or all of its rights, reservations, easements and/or
obligations hereunder to one or nre other Person(s), at an a or from time to time, pursuant
to a written instrument executed bylarant Registry.
Section 3. Appli � estrie ' ��e covenants, conditions and
restrictions set forth in this M= eclar only to the Development and not to
�%� Y P .
any other property now or hereafter owned by Declaran , ess such other property is subjected
to the provisions of this Master Declaration pursuant to an amendment hereto or supplemental
declaration executed by Declarant and recorded in the Registry.
Section 4. Waiv"f and Consent to Violations. Where approval authority is
specifically granted to the Archite&# Contral. Committee i-.erein, the Architectural .Control
Committee may waive a violation of a cvv6A�t, condition or restriction by appropriate
instrument in writing. Other�j�e. Declarant maymMdWiny violation of the covenants,
conditions and restrictions set forth herein, or of the easements reserved herein, by
appropriate instrument in writing.
Section 5. Authorized Action. All actions that the Association is allowed to take
under this Master Declaration shall be authorized actions of the Association if approved by the
Executive Board in a manner vided for in the B, 7sn unless the terms of this Master
Declaration provide otherwise. �[ I�
Section 6. Enfo Except t&a6FE&ht that a waiver has been duly
granted as provided herein, Dec arant, the Assc��eir respective successors and assigns,
and any Owner shall have the right to enforce, by a proceeding at law or in equity, all of the
covenants, conditions and restrictions set forth herein against any Person or Persons violating or
attempting to violate the same, either to restrain the violation or to recover damages. Failure by
M MIA
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Pei 1 106-03-2010
5 47 41.002
Bertie o Q�ter� Deeds S White
page 37 of 42
any such Person to enforce any of the covenants, conditions or restrictions set forth herein shall
in no event be deemed a waiver gf the right to do so thereafter.
Section 7. Notices. n ' � �e sent to any Owner under the
provisions of this Master Decl �� dme�}o to have been properly sent, and notice
thereby given, when mailed, wip7 ss pos�age affixed, to the address appearing
on the Association's membership list. Notice to 9&Awo or more co -owners or co -tenants
shall constitute notice to all co -owners. It shall be the obligation of every Owner to immediately
notify the Secretary of the Association in writing of any change of address. Any Person who
becomes an Owner following the first day in the calendar month in which said notice is mailed
shall be deemed to have been gin notice if notice was given the predecessor in title.
o��
Section 8. Rights of Lenders 044of First Mortgages. "Institutional
Lender," as the term is used heroin, sliall rnei an , mortgage companies, other
firms or entities customarily affording loan" first liens on real property, and eligible
insurers and governmental guarantors. So long as an titutional Lender shall hold any first
lien upon any property within the Development, or shall be an Owner, such Institutional Lender
shall have the right to inspect the books and records of the Association during normal business
hours and to be furnished with at least one copy of the annual financial statement and report of
the Association and, upon written equest specifying an ad s for notice, the right to be given
written notice by the Association o� the call of Wy of the Owners to be held for the
purpose of considering any proposed amendment to s Master Declaration, the Articles of
Incorporation or Bylaws; (b) aT)) con,.femna,tion los#W4WMWty loss which affects a material
portion of the Common Elements; (c) any Iapse;Z"eon or material modification of any
insurance policy or fidelity bond maintained by the Association; (d) any proposed conveyance,
hypothecation or other encumbrance of the Common Elements, other than those specific rights
vested in the Association under Article III hereof; or (e) any delinquency in the payment of any
Assessment by any Owner of property encumbered by a mortgage held by the Institutional
Lender. The Association shall a separate registerp f1 Institutional Lenders who have
made written request pursuant to this Lion. �(
Section 9. Term The, �veAW f&Wtions, and restrictions set forth
herein, as the same may be amended in accord .10N provisions hereof, shall run with the
land that is subject hereto, including all land annexed into the Development pursuant to the
provisions hereof, and shall be binding on all Owners of such land and all Persons claiming
under them. This Master Declaration may be terminated only by the affirmative vote or written
agreement of Owners of proper in the Development to which at least 80% of the votes of all
the Owners are allocated; provibhat in order to ve any such termination must be
evidenced by a written instrument reced �� any such termination prior to the
expiration of the Declarant Coil. Period 1 rec�A�ritten consent of Declarant. The
easements reserved herein shall with th ct thereto, including all land annexed into
the Development pursuant to the provisions hereo , all be binding on all owners of such
land and all Persons claiming under them, except to the extent that the Person or Persons having
rights to an easement have released such rights pursuant to an instrument recorded in the
Registry.

(�IIIII EI-'��� 06 03 x01a
POI 16 15 47 : 41 , 002
#nda 5 , White
Bertte Mx N Ili#ster of Deedis- page 3S of 42
Section 10. Severability. Should any covenant, condition or restriction herein
contained be declared to be vlid, invalid, illegal or unenforceable, for any reason, by the
adjudication of any court or obunal having jurisdiSti over the parties hereto and the
subject matter hereof, such judgment 1 '4W no wise affecte other provisions hereof, which
are hereby declared to be severs ashall r9pjp11 force and effect.
Section 11. Applicable Laws. No g anything contained herein to the
contrary, all the provisions of these covenants shall be subject to: (a) all applicable zoning,
subdivision and other laws, ordinances and regulations of local, state and federal authorities with
jurisdiction over the Development, as the same may be amended or modified from time to time;
and (b) all conditions imposed o#, the Development by any suc public authorities.
WE p I
Section 12. Conflicting r-0.Tision�4�e event of a conflict between any
provision of this Master Declaration and the Aj*I%CA Incorporation, the Articles of
Incorporation shall control. In the event be 'tween any provision of this Master
Declaration and the Bylaws, this Master Declaration s ntrol.
[signature pages follow)
n o0 0�� a
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0

IN WITNESS 'WHEREOF
day and year first above written.
STATE OF f Y F � Yd y�'L
6106-03-2010
7 ,6:47:4,.002
S. White
one 39 of 42
instrument to be executed as of the
President
flC jA�
COUNTY OF lv�
I certify that the following person perso' hallP �6ared dre me this day, acknowledging to me
that he signed the foregoing doc Wit :AlK-L4�fQ?L
Date: MAY�6' 2016 a i
Official Signature of Notary
(Official Seal) Lo,),P4, o 't),z0'J
Ilk*
P ' �:" ped name
commission expires: l uma
My co oomca
P --- -
LOURDES O. DAVID
No" PU N% State of New Y**
Na 01 DASM904
pusitfied in Nana C MY
Commission Expires
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bo
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Oc��rorr��a�
__ . Notary Public

Illll 111 J Ill' te47;a01002
Berister of s page 40 of 42
UaaFFEMaa
The East Carolina Bank, as beneficiary under Deeds of Trust encumbering the property
described in this Master Declaration, said Deeds of Trust being recorded in Book 840, Page 588
and Book 872, Page 100, Berti�,County Registry, and the undersigned Trustees under said Deeds
of Trust, join in the execution hr&q for the purpose of s!i�lOnating and subjecting said Deeds
of Trust to this Master Declaration. Zk
The East C ina Ba o U v Oo
a©
rllip -0 _ � loman, Trustee
By:
resident
hn MrIelpilman, Trustee
STATE OF �J
�- boo
COUNTY OF
o c�for�t �MQ
k k
i certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document: ft Cof LR an,,
P'w*yaas� �
trot fat Q i'� 20JIJA
c a ignaritre. of Notary
f �O Cie Se
U®t� �'[' Ci: - - - �r Notary Public
COO
Pr wed"��I name
mmission expires: lC
STATE OF
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-AmM
c�
COUNTY OF 'I've
I certify that the following per 04 1 appear a this day, acknowledging to me
that he signed the fore oin do Ph an.
g g Z7
Date: .20 1y
0 cial Signature ofNotary
(Q t:
Notary Public
y e__V1,Y a ed ar typed 'name
• • f•• ':.. Q.. R• " �ffVOfTlyd5l41-Yr"1LS
. �.�'•is i' expires: /aJI b SIMMA7
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Dertie
(� ep I Beds page 41 of 42
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COUNTY 0J`1��
I certify that the following person pe 1 e this day, acknowledging to me
that he signed the foregoing do �► il8t���Q
Q�Q
Date: , 20 qQ
sws��.,,�
W BAia 2ignature of Notary
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Berne County, �f usage 42 of 42
U6YORNEUM
Exhibit A
To
��''014mended and
Master Declarations r and Easements
Property Curren*, in the Development
Being all of that real property shown on those plats recorded as follows in the Bertie
County Registry:
Final Plat — Phase 1 re �,I�ag�e7l of the Registry
u�Or�r��c�aa
Final Plat — Phas A record a Page 192 of the Registry
Final Plat — Phase 2A recorded in Cabinet C, Page 338 of the Registry
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