SW8050213_Current Permit_20160520

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W
Energy Mineral
and Land Resources
ENVIRONMENTAL QUALITY
May 20, 2016
Mr. Scott Cook, President
Scott Cook Construction Company, Managing Member of
Neighborhoods of Holly Ridge, LLC
1105 New Pointe Boulevard, Suite 6
Leland, NC 28451-4127
Subject: Approved Plan Revision
The Neighborhoods of Holly Ridge Phase I
Stormwater Permit No. SW8 050213
Onslow County
Dear Mr. Cook:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
On April 4, 2016, the Wilmington Regional Office received a complete request to revise the approved
plans for Stormwater Management Permit Number SW8 050213. The revisions include the removal of
3 0,43 6 square feet of existing ABC stone and replacing it with 3 0,43 6 square feet of #57 stone, laid at
least 4 inches thick over a geotextile fabric within the Boat Storage Area. The #57 stone will not be
counted as built -upon area per SL 2015-149. It has been determined that a formal permit modification is
not required for the proposed changes. We are forwarding you an approved copy of the revised plans for
your files. Please add the attached plans to the previously approved plan set.
Please be aware that all terms and conditions of the permit issued on March 3, 2005, remain in full
force and effect. Please also understand that the approval of this revision to the approved plans or to
the permit for the subject State Stormwater project is done on a case -by -case basis. Any other
changes to this project must be approved through this Office prior to construction. The issuance of
this plan revision does not preclude the permittee from complying with all other applicable statutes,
rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining
a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me in the Wilmington
Regional Office of the Division of Energy, Mineral and Land Resources at [phone].
Sincerely,
/,*"'
Linda Lewis, E.I.
Environmental Engineer III
GDS\arl: \\\Stormwater\Permits & Projects\2005\050213 HD\2016 05 permit_pr 050213
cc: David Luke Menius, P.E., Stroud Engineering
Onslow County Building Inspections
Wilmington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 29405
910 796 7215 T 1 910 350 2004 F I htn:ftortal.ncdenr.ore(web/Ir/

DEMLR USE ONLY
Date Received
Fee Paid (express only)
Permit Number
- Z01&
5k) 2F O502/
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
GENERAL INFORMATION
1.. Stormwater Management Permit Number: SW8 050213
2. Project Name: NEIGHBORHOODS OF HOLLY RIDGE PHASE 1
3. Permit Holder's name (specify the name or the corporation, individual, etc.).
NEIGHBORHOODS OF HOLLY RIDGE, LLC
4. Print Owner/Signing Official's name and. title (person legally responsible for permit):
SCOTT COOK, MANAGER
5, Mailing Address for person listed in item 2 above:
1105 NEW POINTE BOULEVARD, SUITE 6
City LELAND State:NC Zip:28451. _
Phone.: (210 43=9M3 Fax. ( }
Email.
CGI
11. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed),. APR 0 4 2016
SL-2015-149 with respect to the stone section, filter fabric and subgrade preparation.
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below: The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required informadon'oy initialing in the space provided
next to each item.
Initials
■ Ot iginal & 1 copy of the Plan Revision Application Form �►
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) 4
If applying for Express review (only available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR) IA
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person tested in General Information, item 3) Scott Cook
certify that l have authorized 1 isions and that the information included on this plan revision.
application is, to 1; kn led e, correct and complete.
Date: y ?9
Plan Revision Form Rev. .Odt. 31, 2013

\NArF9 Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
a Alan W. Klimek, P.E. Director
-� Division of Water Quality
March 3. 2005
Mr. Scott Cook, Member/Manager
Neighborhoods of Holly Ridge, LLC
429 Long Leaf Drive
Hampstead, NC 28443
Subject: Stormwater Permit No. SW8 050213
Neighborhoods of Holly Ridge Phase
High Density Subdivision Project
Onslow County
Dear Mr. Cook:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Neighborhoods of Holly Ridge Phase I on March 1, 2005. Staff review of the
plans and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 050213, dated March 3, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until March 3, 2015, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within sixty (60) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Edward Beck
Acting Regional Supervisor
Surface Water Protection Section
ENB/arl: S:1WQSISTORMWATIPERMIT1050213.mar05
cc: Cavanaugh & Associates
Onslow County Building Inspections
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.usoeo hCarohna
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper AVA(Avi y

x State Stormwater Management Systems
Permit No. SW8 050213
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Scott Cook & Neighborhoods of Holly Ridge, LLC
Neighborhoods of Holly Ridge, Phase I
Onslow County
FOR THE
construction, operation and maintenance of 4 bio-retention basins in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until March 3, 2015 and shall be
subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The subdivision is
permitted for 47 lots, each allowed a maximum of 2,800 square feet of built -upon
area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The permitted stormwater system controls runoff from a 2" design storm,
therefore, no vegetated filter has been required.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 050213
6. The following design elements have been permitted for the bioretention basins
and must be provided in the system at all times:
Basin #
1
2
3
4
a.
Drainage Area, acres:
1.26
.56
.39
4.72
Offsite:
54,777
24,191
17,1 as
2n5 710
Offsite:
0
0
0
0
b.
Design Storm:
2
2
2
2
c.
Total Impervious Surfaces, ft2:
39,613
19,402
12,455
126,700
Lots at 2,800 ft :
30,797
14,000
8,400
84,000
Roads/Parking, ft2:
8,816
5,402
4,055
42,700
Other, ft2•
0
0
0
0
Offsite, ft�:
0
0
0
0
d.
Maximum Pond Depth, feet:
.99
.99
1
1
e.
TSS removal efficiency:
85%
85%
85%
85%
f.
Bottom Elevation, FMSL:
25.0
26.0
27.0
22.0
g.
Permitted Bottom Surface Area, ft2:
5,989
2,738
1,695
20,189
h.
Permitted Storage Volume, ft3:
6,479
3,134
2,013
21,183
i.
Temporary Storage Elevation, FMSL:
25.99
26.99
28.0
23.0
j. Minimum number of plants:
Trees:
Shrubs:
k. Receiving Stream / River Basin:
I. Stream Index Number:
m. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
137 63 39 463
39 18 11 132
98 45 28 331
County Line Branch / Cape Fear
CPF24 18-87-6-1
"SA HQW"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
.compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 050213
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Proiect name change-
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
7. The stormwater management system shall be constructed in it's entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of basin areas.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
11. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Page 4 of 8

State Stormwater Management Systems
' Permit No. SW8 050213
12. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
13. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Mani inI.
14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
15. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050213, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 2,800 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the Register
of Deeds.
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 050213
18. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing
address changes within 3O days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 3rd day of March 2005.
NOENVIRONMENTAL MANAGEMENT COMMISSION
13zVL
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050213
Page 6of8

State Stormwater Management Systems
Permit No. SW8 050213
Neighborhoods of Holly Ridge
Stormwater Permit No. SW8 050213
Onslow County
Designer's Certification►
Page 1 of 2
1, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8

State Stormwater Management Systems
Permit No. SW8 050213
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. A trash rack is provided on the outlet/bypass structure.
8. The basins are planted with the permitted vegetation, per the approved
landscape plan.
9. Vegetated slopes are no steeper than 3:1,
10. The inlets and bypass are located per the approved plans and do not
cause short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
_12. Required bypass devices are correctly located, and are at the permitted
elevation, per the approved plans.
13. All required design depths are provided.
_14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
_15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
Page 8 of 8

r
_ OFFICE USE ONLY aL G
Date Received
Fee Paid
I Permit Number
2-1(R-05nV
it-zvs8 vW 11
sk) FOSG2-
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1; Applicants name (specify the name of the corporation, individual, etc. who owns the project):
tdl 1 w
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
SCOT 1 CDC) K
3. Mailing Address for person listed in item 2 above:
4.'�� LONG LEAF by i tl E
City: HAmtIMilYAr-3 State: NC, zip: a$1114Z
Telephone Number: ( ci 10 ) M -- 514-79
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications,.letters, operation and maintenance agreements, etc.):
MEI GHSO H-006'S OF HOLY el b6E
5. Location of Project (street address):
1023 East nc!eon good, _N NA(A R AP � MO, AiVi 4s
City: HOLLY Rl bGE County: 00SLOW
6. Directions to project (from nearest major intersection):
I-q MILES SooTt V ^LOtQ G N 4C 50 FROM THE / r,-,5RcZ""it oF2
N = C. 50 Ati b 0, s , i -7 .
7. Latitude: 3`ta,� �?�? 5,, t3 Longitude: 77033 r'tO.S //'4%/ of project
8. Contact person who can answer questions about the project:
Name: SCE t! C oc) K Telephone Number: ` ? -- 5�C';4'4'
Cat 5 co 02-U`�
II. PERMIT INFORMATION:
1. Specify whether project is (check one): V_New
Renewal Modification
Form SWU-101 Version 3.99 Page I of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number WA and its issue date (if known) 6I1A
3. Specify the type of project (check one):
Low Density V High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major ✓ Sedimentation/Erosion Control 404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
STORMW A7MZ WILL J9fF 6WTED IN 'FCIURZ q, R1012ETEN1T16N A9015 51a9b TO
TRE*}T TYIE Fi257' 2'� of EA cti 57bam TtF ggyn lNDE2 O= I✓ncIA m7op'm w ILL ICE
BYPASSED iD £1169R VIr6£Tf4T£1) P-11 T€2S nP_ niRECTLY "TO NenKBY wArTER Robb,
2. Stormwater runoff from this project drains to the CAPS- MAR River basin.
3. Total Project Area: 1-6.9 acres
5. How many drainage areas does the project have?_ i
4. Project Built Upon Area: 3"1 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
SeE h7TACKEt5 SUPPLEMeN"L SFtEET
Basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
Receiving Stream Class
Drainage Area
Existing Impervious* Area
Proposed Impervious*Area
% Impervious* Area (total)
Impervious* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings
On -site Streets
On -site Parking
On -site Sidewalks
Other on -site
Off -site
Total:
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99
Page 2 of 4

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7. How was the off -site impervious area listed above derived? SY Mf eel► rn Fi N I5 M- naf oe
C'ON70LXZS AUIS CROWWING /r rS
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than &500 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee ofayable to NCDENR)
■ Detailed narrative description of sto water treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
North arrow
Scale
- Revision number & date
Mean high water line
Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):_[,'d}iiWAL)AR AlsM 65SOCI &TES 1, R X
Mailing Address: 1W W ORrt+ r—(ZOWT SMEL--T
City: UJ I LM I N GTO P1 State: /V c Zip: &$'I C) L
Phone: ( Ct 10 ) 3q R^ 1I46& Fax: ( %10 ) ` q,9 — L461 a
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) _ SCE• r E J� . C n r-_) K
certify that the information included on this permit application form. is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature: Date:
Form SWU-101 Version 3.99 Page 4 of 4

State Stormwater Permit #
BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN
Project Name The Neighborhoods of Holly Ridge Applies to Basin # 1
The permittee shall be responsible for the following maintenance procedures regarding the
permitted bio-retention system.
The plant material will be watered every day for fourteen consecutive days, and after planting
has been completed.
AS NEEDED:
1. Treat all diseased trees, shrubs and vegetation.
2. Replace deficient, defective or rotted support stakes.
MONTHLY:
1. Inspect and repair any eroded areas.
2. Remulch any void areas.
TWICE A YEAR:
1. Remove and replace dead and/or untreatable diseased vegetation.
2. Replace support stakes as needed in the spring.
YEARLY
1. Apply a new layer of mulch in the spring. Remove the previous mulch layer before
applying'a new layer.
I acknowledge and agree by my signature below that I am responsible for the performance of
the maintenance procedures listed above. I agree to notify DWQ of any problems with the
system and prior to making any changes to the system or to the responsible party.
Print name Scott Cook Title Manager/Member
Address 429 Longleaf Drive Hampstead, NC
Phone: 910 — 479 Fax (910) 270 — 5598
Signature Date
Note: For subdivision, the legally responsible panty should not be a homeowners association or property
owner's association unless more than 50% of the lots have been sold and a resident of the subdivision has
been named the president.
otary Public for the State of
unty of do hereby
certify that personally appeared before me
this th d of and acknowledge the due
exe f the for ing instru ent. WitneE# my hand and official seal, o`eoei 0N�sUt
SEAL ����'`�pTAfy'•9�'•�
° � My commission expires
r

S'u, r c) 5'6 rc3
State Stormwater Permit
BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN
Project Name The Neighborhoods of Holly Ridge Applies to Basin # 2
The permittee shall be responsible for the following maintenance procedures regarding the
permitted bio-retention system.
The plant material will be watered every day for fourteen consecutive days, and after planting
has been completed.
AS NEEDED:
1. Treat all diseased trees, shrubs and vegetation.
2. Replace deficient, defective or rotted support stakes.
MONTHLY:
1. Inspect and repair any eroded areas.
2. Remulch any void areas.
TWICE A YEAR:
1. Remove and replace dead and/or untreatable diseased vegetation.
2. Replace support stakes as needed in the spring.
YEARLY
1. Apply a new layer of mulch in the spring. Remove the previous mulch layer before
applying a new layer.
I acknowledge and agree by my signature below that I am responsible for the performance of
the maintenance procedures listed above. I agree to notify DWQ of any problems with the
system and prior to making any changes to the system or to the responsible party.
Print name Scott Cook Title Manager/Member
Address 429 Longleaf Drive Hampstead, NC
Phone: 91 QU70 — 5479 Fax (910) 270 — 5598
Signature Date
Note: For subdivision, the legally responsible party should not be a homeowners association or property
owner's association unless more than 50% of the lots have been sold and a resident of the subdivision has
been named the president. _
do hereby
e-.personally appeared before me
, and acknowledge the�e
and official seal, %X���ON All, V/
commission expires g'-

b5 as /3
State Stormwater Permit # sdemmtifd
BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN
Project Name The Neighborhoods of Holly Ridge Applies to Basin # 3
The permittee shall be responsible for the following maintenance procedures regarding the
permitted bio-retention system.
The plant material will be watered every day for fourteen consecutive days, and after planting
has been completed.
AS NEEDED:
1. Treat all diseased trees, shrubs and vegetation.
2. Replace deficient, defective or rotted support stakes.
MONTHLY:
1. Inspect and repair any eroded areas.
2. Remulch any void areas.
1. Remove and replace dead and/or untreatable diseased vegetation.
2. Replace support stakes as needed in the spring.
YEARLY
Apply a new layer of mulch in the spring. Remove the previous mulch layer before
applying 'a new layer.
I acknowledge and agree by my signature below that I am responsible for the performance of
the maintenance procedures listed above. I agree to notify DWQ of any problems with the
system and prior to making any changes to the system or to the responsible party.
Print name Scott Cook Title Manager/Member
Address 429 Longleaf Drive Hampstead, NC
Phone: 91 — 54 Fax (910) 270 — 5598
Signature _Date
Note: For subdivision, the legally responsible party should not be a homeowners association or property
owner's association unless more than 50% of the lots have been sold and a resident of the subdivision has
been named the president.
I, a Notary Publijp for the State of
C my of l do hereby
certify that ,personally appeared before me
this the day of - , and acknowledge the due
ex of he f going in trument. Witrfess my hand and official seal,
!ON S(/
SEAL �;•'xuoT,g9.
O05 U •
My commission expires -� �''

SW� zs So �r3
State Stormwater Permit #-
BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN
Project Name The Neighborhoods of Holly Ridge Applies to Basin # 4
The permittee shall be responsible for the following maintenance procedures regarding the
permitted bio-retention system.
The plant material will be watered every day for fourteen consecutive days, and after planting
has been completed.
AS NEEDED:
1. Treat all diseased trees, shrubs and vegetation.
2. Replace deficient, defective or rotted support stakes.
MONTHLY:
1. Inspect and repair any eroded areas.
2. Remulch any void areas.
TWICE A YEAR:
1. Remove and replace dead and/or untreatable diseased vegetation.
2. Replace support stakes as needed in the spring.
YEARLY
1. Apply a new layer of mulch in the spring. Remove the previous mulch layer before
applying a new layer.
I acknowledge and agree by my signature below that I am responsible for the performance of
the maintenance procedures listed above. I agree to notify DWQ of any problems with the
system and prior to making any changes to the system or to the responsible party.
Print name Scott Cook Title Manager/Member
Address 429 Longleaf Drive Hampstead, NC
Phone: 91 5479 Fax (910) 270 — 5598
Signature - Date
Note: For subdivision, the legally responsible party should not be a homeowners association or property
owner's association unless more than 50% of the lots have been sold and a resident of the subdivision has
been named the president. _ ,
I, �f fC.C,L Y L[.f1UWVV ,@-N^otary Public -for the State of
AT J -\ A N_ _..County of lam"/j J1(`5UJ1�K do hereby
certify t
this the
Of
My commission expires 9 O a�
ersonally appeared before me
and acknowledge tV due
nd and official seal,�
:y
S EAL `? •` ��®Taq y 'q
-v* o a•
UBIL
C .
�• p '
ziOWICK
i�ut

State Stormwater Management Systems
Permit No. SW8 050213
Neighborhoods of Holly Ridge
Stormwater Permit No. SW8 050213
Onslow County
Designer's Certification
Page 1 of 2
I, =ia nkms \� • �Gwc�- bs 71, as a duly registered__ in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
lV � 1,•1��jo2�oo � S O � �b�� -- 9 �E,
(Project)
for e LLr-(Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signatur
Registra
Date ed L L\ Zoos
SEAL
�QO '`yt
SEAL
20643
.�
.F
Page 7 of 8

State Stormwater Management Systems
Permit No. SW8 050213
Certification Requirements: Page 2 of 2
�1. The drainage area to the system contains approximately the permitted
acreage.
2.
The drainage area to the system contains no more than the permitted
amount of built -upon area.
� 3.
All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4.
All roof drains are located such that the runoff is directed into the system.
5.
The outlet/bypass structure elevations are per the approved plan.
6.
The outlet structure is located per the approved plans.
Ls 7.
A trash rack is provided on the outlet/bypass structure.
8.
The basins are planted with the permitted vegetation, per the approved
landscape plan.
,5 9.
Vegetated slopes are no steeper than 3:1.
,10.
The inlets and bypass are located per fhe approved plans and do not
cause short-circuiting of the system.
'I 1.
The permitted amounts of surface area and/or volume have been
provided.
2.
Required bypass devices are correctly located, and are at the permitted
elevation, per the approved plans.
3.
All required design depths are provided.
S'14.
All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
_ 15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
Page 8 of 8

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
August 11, 2008
7AUG 1 t 2008
NCDENR Division of Water Quality
127 Cardinal Drive Extension _
Wilmington, NC 28405 �'
Attn: Linda Lewis
Re: The Neighborhoods of Holly Ridge, SW8 050213
Dear Linda,
In response to your email dated July 11, 2008 I am submitting the attached
Engineer's Certification for the subject storm water system. I have inspected this system
with adequate diligence to make assertion that the project is complete to substantial
conformance with the permit. There are some vegetation maintenance issues that I have
noted to the owner that need to be addressed. He assures me that he will be addressing
these immediately. We are also preparing ourselves to submit the certification for phase
2 of this development. That should be forthcoming within the next month. I hope that
this addresses your issues within the timeframe that you have indicated in the
aforementioned email. Please contact me should you have any questions or issues.
est MEngineering,
Jame PLS
Attachments
CC: Scott Cook
JHF/jf
F:/master/pw647/wpd/phl swcertcover.doc
'07 COMMERCE ST HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

I
W41101110 M010,11109
Doc, I COMS4470003 7Vpe, W.
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sK284,6 P4295-2- 7
THIRD ANIENDIMENTTO DECLARAT10N OF COWWANTS,
m4)moNiS, RESTRICTIONS AND KASENMNI-S
OF
THE. NEIGHBORHOODS OF HOLLY RIDGE
-Mis'l-111RD Ah1FNNDM.EN,ri'o DrxLARATION OF COVENANTS,
CON F .4% REsTRTC-f IONS VND EAS13MENTS 0 11, l+Ii~IG BORHOODS OF
HOLLY RIDOF ("Third Aintndment) is made and entered into as of the _41:L4 day of March,
2007, kv -INM10j.1130RHOODS OF HOLLY RIDGE, LLC, a North Carolina limited liability
company (hereinatter called- "I)aclam"t");
RFCrIALS:
A. Doolwant caused to be recorded the DeclarxOun of Covenants, Cowlitions,
Restrictions and Eftements, of The Neighborhoods of Holly Ridge in Book 05, at Pa-, 459 in
26 fe
theoffiwe of the Register of Deeds of Onslow County, North Carolina (the "Doclaration!'). Any
capitalized vword not defined hr-teiii, unless it is plainly w1dcnt from the context of this Third
Amendinent that a difilcrent mearing is intended, shall, as usLd herein, have the meaning as sei
forth for such term in the Declaration.
B. Pursuant io Sect (On (i).of Article XVII of the Declaration, Declarant reserved the
right to unfisterally urnesid the DMaration during the Dovelopment Period, and the Develepment
Period has not expired or beast otherwise terminated.
NOW, TIHAEPOIWI, Mclarant, acting pursuhr to the authority above stated,
&-cs hereby diechtru diet the Declaration is amendedas fulloWls:
M=M Lq= & CAME—,. P.A.
5710MEANDERMYE SUITE 112
IM bl%M= NZ 08A03
Pttj)d1VA by WARD AND SbIlTI,P.A., 127 Racine Drive, PO Box 7068, Wilmington, NC 28406

1. Article X11. Section (15) i$ amended by deleting le first sentenec and inserting as
the nu: v fimt s ijence therci n the .following:
(15) The maxiximtnx allowable "built -upon area" on any Lot shown
on the Map recorded inel p Book 49, .at Page 38 is 2,800 squaro ,/
feet as n-efcrenced in Pon -nit Number SW 8050213. The maximum
allowable "built -upon arcs" on any t shoWn on the Map
recorded in Map Book 52, at Page 20 is 4,500 square feet as
refem wed in Permit Number SW05 842. ✓
2. Article XII, Sections (15) is amended by adding the following:
All runoff from the Built -Upon Area on any Lot roust drain into
tine per utted stormwatcr system. This may ba accomplishcxl
i! Trough a variety of means including roof drain ,gutters which drain
to the s;treut, gradirW the i.xrt to drain► toward the strect or grading
perimeter swales along the Lot to correct the runoff from the Lett
and dire M3ig such runoff into a component of the stormwater
system- Lots that drain naturally into the stormwater system are
trot icquired to provide 6uch additional facilities or measures.
iri TESTIMONY WHERLOF, Ueclamnt, acting pumuaunt to the authority above
i
recited, has caused this Third Amendment to be executed in such form as to be bintling, all by
authority duly given, this the clay and year first eve written.
dLIGHRORi HODS OF 1401.1,X RiD(:M, T LLC (SEAL)
a North Caro * L . unr City company
By-...�.--.. (SEAL)
s:ott Couk
Title: Manager
K

COON-1Y, NORTH CAROLINA
i cetfify that dw following person personally appeared before me this day, acknowleiging to me
that he signed the forugoi.ng document for the parpose(s) stated therein and, if other than in an
individutd capaoity, in the capacity indicated having lbvcr: fist authorized to do so: SCOTT
COOK, Managcr of N .- abort hods of Bully Ridge, LM
r�o1a� f"ublic
N1y corzrnaission expire,:
r� ; 61r6
'�+ftftltiE'"
ary seal or stanip ra��s apl,ear wiLhisa this box.
0405Agk00002-Mt
WL MAI'N15806'':I

+14 A
Doc ID: 000922750033 Type:�.CRP���
Recorded: 02/23/2006 at 10:42:27 AM
Fee Amt: $110.00 Page i of 33
Onslow County, NC
Mildred M Thomas Register of Deeds
13K2b 5 PG459-491
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
OF
THE NEIGHBORHOODS OF HOLLY RIDGE
Date: February 15, 2006

TABLE OF CONTENTS
I.
Definitions............................................................................................................................2
II.
Association - General Purposes, Membership and Voting.................................................4
III.
Management and Administration of Subdivision................................................................5
IV.
Intentionally Omitted..........................................................................................................6
V.
Assessments for Common Expenses...................................................................................6
VI.
Special Assessments............................................................................................................9
VII.
Lien for Assessments..........................................................................................................9
VIII.
Compliance With Association Documents.......................................................................10
IX.
Property Rights of Lot Owners, Cross -Easements, and Exceptions.................................11
X.
Architectural Committee and Architectural Restrictions..................................................12
XI.
Insurance...........................................................................................................................14
XII.
Restrictions on Use and Occupancy..................................................................................15
XIII.
Special Declarant Rights...................................................................................................19
XIV.
Development of the Subdivision.......................................................................................20
XV.
Waiver...............................................................................................................................21
XVI.
Variances...........................................................................................................................21
XVII.
Duration, Amendment and Termination...........................................................................22
XVIII.
Common Areas: Private...................................................................................................23
XIX.
Acceptance........................................................................................................................23
XXHearing
Procedure.............................................................................................................25
XXI.
Captions.............................................................................................................................26
XXII.
Notice................................................................................................................................27
XXIII.
Liberal Construction..........................................................................................................27
XXIV.
Joinder...............................................................................................................................27

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
THE NEIGHBORHOODS OF HOLLY RIDGE
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF THE NEIGHBORHOODS OF HOLLY RIDGE ("Declaration"), a
subdivision located in Onslow County, North Carolina, made and entered into as of the 15th day
of February, 2006, by and among NEIGHBORHOODS OF HOLLY RIDGE, LLC, a North
Carolina limited liability company (hereinafter called "Declarant"); SUNTRUST BANK, a
Georgia banking corporation ("SunTrust"); SOUTHERN HOME BUILDERS, INC., a North
Carolina corporation ("Southern Builders"); and ALL PROSPECTIVE PURCHASERS OR
OWNERS of Lots as shown on all maps of "The Neighborhoods of Holly Ridge" recorded in the
Onslow County Register of Deeds Office;
WITNESSETH:
WHEREAS, Declarant and Southern Builders are the owners of all of the Lots
and Declarant is the Owner of all Common Areas and streets shown on and designated on the
several maps of the Neighborhoods of Holly Ridge, Phase I, including, but not limited, to the
map recorded in Map Book 49 at Page 38 in the office of the Register of Deeds of Onslow
County, North Carolina (such map, together with future maps, herein collectively referred to as
"the Maps");
WHEREAS, Declarant, desires to submit the Lots and Common Areas, together
with the improvements thereon, to the provisions of Chapter 47F of the General Statutes of North
Carolina (hereinafter sometimes referred to as the "North Carolina Planned Community Act" or
the "Act"), and develop a residential community and intends by the recordation of this .
Declaration to impose the covenants, conditions, restrictions and easements contained herein
(hereinafter sometimes called "Restrictions") on the property described herein as Lots and
Common Areas to the end that the Lots and Common Areas shall be held subject to the Act and
said Restrictions;
WHEREAS, Southern Builders owns certain Lots within the Subdivision
(hereinafter defined) and desires to submit the Lots so owned, together with the improvements
thereon, to this Declaration and the Restrictions;
WHEREAS, SunTrust is the beneficiary under certain deeds of trust recorded in
the office of the Register of Deeds of Onslow County, North Carolina, as more particularly
described Article XXIV hereof (collectively, the "Deeds of Trust") and have joined into this
Declaration in order to consent to this Declaration and to subordinate the Deeds of Trust and the
liens thereof to this Declaration;
WHEREAS, Declarant also owns in fee simple the real estate designated as
Additional Property in the description attached as Attachment A hereto, as the same may be

amended by Declarant from time to time, and may hereafter elect to subject all or any portion of
the Additional Property to the provisions of this Declaration pursuant to Article XIV hereof..
NOW, THEREFORE, Declarant does hereby declare that the Restrictions
contained herein shall run with the Lots and Common Areas described herein; shall be a burden
on and a benefit to such Lots and Common Areas; shall be binding on all parties having or
acquiring any right, title, or interest in the Lots or any part thereof; and shall inure to the benefit
of each Owner of any part thereof.
I.
Definitions
As used in this Declaration, the Articles, the Bylaws, and the Rules and
Regulations of the Association, exhibits attached and all amendments thereof, unless the context
requires otherwise, the following definitions shall prevail:
(1) "Additional Property" means the real property so designated on
Attachment A attached hereto which Declarant may submit to this Declarant and to the
jurisdiction of the Association pursuant to Article XIV hereof.
(2) "Articles" means the Articles of Incorporation of The Neighborhoods of
Holly Ridge Owners Association.
(3) "Association" means The Neighborhoods of Holly Ridge Owners
Association, its successors and assigns.
(4) "Association Documents" means collectively, the Articles of Incorporation
of the Association, this Declaration, the Bylaws and the Rules and Regulations, all as may be
amended, modified or restated from time to time. Any exhibit, schedule or amendment to an
Association Document shall be considered a part of that document.
(5) "Builder" means any Person which purchases one or more Lots for the
purpose of constructing improvements for later sale to consumers or purchases one or more
parcels of land within the Additional Property for further subdivision, development and/or resale
in the ordinary course of such Person's business. Any such Person occupying or leasing a Lot for
residential purposes shall cease to be considered a Builder with respect to such Lot immediately
upon occupation of the Lot for residential purposes notwithstanding that such Person originally
purchased the Lot for the purpose of constructing improvements for later sale to consumers.
(6) "Bylaws" means the Bylaws of The Neighborhoods of Holly Ridge
Owners Association.
(7) "Common Areas" means all real property (including the improvements
thereon), interests in real property and personal property now owned or hereafter acquired by the
Association for the common use and enjoyment of all of the Owners. The Common Areas are
2

subject to those easements and restrictions set forth in this Declaration, including but not limited
to, Article I hereof.
(8) "Common Expenses" means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves.
(9) "Declarant" means Neighborhoods of Holly Ridge, LLC, its successors
and assigns. In the event another Person acquires title to three (3) or more Lots on which no
Dwelling has been constructed at the time of such acquisition, Neighborhoods of Holly Ridge,
LLC, by recorded instrument, may designate such party as an additional Declarant, and in such
event, such party shall be a Declarant as specified herein as to such Lots and as to such Lots shall
be entitled to the same rights as Neighborhoods of Holly Ridge, LLC.
(10) "Declaration" means this Declaration of The Neighborhoods of Holly
Ridge and any amendments hereto. This Declaration sometimes is referred to herein as the
Restrictions.
(11) "Development Period" means the period ending on the earliest of
(i) December 31, 2011 or (ii) the date specified by Declarant in a written notice to the
Association that the Development Period is to terminate on that date.
(12) "Dwelling" means the primary residential structure located on a Lot built
in accordance with the requirements of this Declaration.
(13) "Eligible Mortgage Holder" means the holder of a first deed of trust on a
Lot who has requested in writing that the Association notify them of any proposed amendment to
the Declaration, the Articles, or the Bylaws.
(14) "Executive Board" means the Executive Board of The Neighborhoods of
Holly Ridge Owners Association, Inc.
(15) "Landscaping" means living plants, shrubs, vegetation, ground coverings
(including grass or sod), and appurtenant live/growing vegetative materials together with straw,
mulches and composting materials installed upon a Lot.
(16) "Lot" means those separately numbered and designated parcels shown on
any of the Maps and on any other Maps of the Additional Property brought within the
Subdivision.
(17) "Owner" means the record Owner, whether one or more Persons, of a fee
or undivided fee interest in a Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
(18) 'Permit" shall mean the North Carolina State Stormwater Management
Permit Number SW8050213 and any amendments, additions or replacements thereof, or any
such permit obtained by Declarant and relating to the Additional Property.
3

(19) "Person means one or more natural persons, corporations, partnerships,
limited liability companies, trusts or other legally recognized entities capable of holding title to
real estate.
(20) "Stormwater Management Facilities" or "Stormwater Management
Facility" as those terms are used herein shall mean all areas consisting of ditches, swales,
stormwater retention ponds and any other improvement located in the Subdivision constructed
pursuant to the Permit.
(21) "Subdivision" means all of the property defined herein as Lots and
Common Areas, and includes all or any portion of the Additional Property submitted to this
Declaration by Declarant.
(22) Any capitalized word not defined herein, unless it is plainly evident from
the context of this Declaration that a different meaning is intended, shall, as used herein, have the
meaning as set forth in N.C.S. 47F-1-103.
Q
Association - General PurposesLMembership and Noting
(1) An association named The Neighborhoods of Holly Ridge Owners
Association has been or will be formed under the direction of Declarant pursuant to the rules and
requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North
Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain,
and operate the Common Areas and facilities located upon the Common Areas, specifically
including, but not limited to, the Subdivision entrance signs, street lights, Stormwater
Management Facilities, drainage pipes and drainage outlets, streets (until accepted for
maintenance by a governmental entity) and other improvements and amenities in the Subdivision
owned by the Association; to maintain Landscaping installed on the Lots as provided herein; to
enforce the Restrictions contained herein; and to make and enforce rules and regulations
governing the Owners' use and occupancy of Lots and Common Areas. In addition to the
foregoing, the Association has as its purposes the acceptance of the transfer of the Permit from
Declarant and to take all actions and pay all fees required to affect such transfer of the Permit,
and thereafter to oversee, inspect, manage and, when necessary, repair and replace all
Stormwater Management Facilities located within the Common Area or on individually owned
Lots.
(2) To fulfill the general purposes of the Association as set forth herein and in
the other Association Documents, together with those purposes set forth in the Act, the
Association shall have all the powers set forth in the Association Documents, the Act and the
North Carolina Nonprofit Corporation Act.
(3) Declarant, by this Declaration and the Owners of individual Lots by their
acceptance of individual deeds thereto, covenant and agree with respect to the Association:
(A) that each is a member of the Association; (B) that for so long as each is an Owner, each will
M

perform all acts necessary to remain in good and current standing as a member of the
Association; and (C) that each shall be subject to the rules and regulations of the Association
with regard to ownership of a Lot.
(4) Each membership in the Association shall relate to and have a unity of
interest with an individual Lot which may not be separated from ownership of said Lot.
(5) The Association shall have two (2) classes of members:
Class A - The Class A member(s) shall be all Owners with the exception of any
Owners who qualify as Class B members, and they shall be entitled to one vote for each Lot
owned; provided, however, when more than one Person holds an interest in any Lot, all such
Persons shall hold the membership with regard to such Lot in undivided interests. The vote of
such multiple Owners of a Lot shall be exercised as they, among themselves, shall determine, but
in no event shall any fractional vote be counted or more than one vote be cast with respect to any
Lot.
Class B - The Class B member(s) shall be Declarant. Class B members shall be
entitled to three (3) votes for each Lot owned. The Class B member shall have a veto power
under the circumstances and as more particularly set forth in the Articles over all actions of the
Executive Board, any committee as may have been appointed by the Executive Board or
established by the Bylaws or this Declaration and any other action as more particularly set forth
in the Association Documents. The Class B membership shall cease and be converted to Class A
membership upon the occurrence of either of the following events, whichever first occurs:
(i) December 31, 2011; or (ii) when the total votes outstanding in the Class A membership equal
or exceed the total votes outstanding in the Class B membership.
t
Management and Administration of Subdivision
The Association shall be fully responsible for the maintenance, management and
operation of the Common Areas, Subdivision entrance signs, street lights, Stormwater
Management Facilities, drainage pipes and drainage outlets, roads (until accepted for
maintenance by a governmental entity) and other improvements and amenities in the Subdivision
owned by the Association. Pursuant to and subject to the provisions contained herein but only to
the extent specifically provided herein, the Association shall be responsible for the maintenance
of Landscaping installed on the Lots as provided herein. The management shall be carried out in
accordance with the terms and conditions of the Association Documents, but may be delegated
or contracted to managers or management services. Provided, however, any contract entered into
by the Association prior to the termination of the Class B membership shall contain a provision
allowing the Association to terminate the contract without cause and without penalty or extra
charge, at any time after the termination of the Class B membership upon ninety (90) days
advance notice.
IV.
5

INTENTIONALLY OMITTED
a
Assessments for Common Expenses
(1) Assessments:
(a) Each Owner of any Lot by acceptance of a deed for same (whether
or not it shall be so expressed in such deed) is deemed to agree to pay to the Association
assessments as hereinafter provided. The assessments, together with interest, costs and
reasonable attorneys' fees, subject to the provisions of Section (7) of this Article, shall be a
continuing lien upon the Lot against which each such assessment is made. Furthermore, each
assessment, together with interest, costs, and Reasonable Attorneys' Fees, shall also be the
personal obligation of the Person who was the Owner of the Lot at the time when the assessment
fell due. The personal obligation for assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot. Assessments shall commence as to each
Lot upon the delivery of the deed to the Person owning the Lot.
(b) Subject to the limitations set forth herein upon the Declarant's
obligation to pay assessments, the Executive Board shall establish and set the assessment for
each Lot for each fiscal year and may provide that such assessments shall be payable
installments during the fiscal year, which installment shall be no less frequent than monthly. The
initial assessment for each Lot is Three Hundred and No/100 Dollars ($300.00) per year.
(c) During the Development Period, neither the Declarant nor any
Builder shall be obligated to pay any assessments as would otherwise be due and payable upon
each Lot owned by the Declarant or such Builder.
(d) For purposes of assessments to be determined, levied and paid
pursuant to this Article or otherwise in the Association Documents, and notwithstanding the
provision for recombination of Lots in Article XII(1), each Lot shown on the Maps recorded in
Onslow County Register of Deeds Office and each Lot shown on the Maps of the Additional
Property recorded by Declarant in the Onslow County Register of Deeds Office shall be
considered one Lot. The number of Lots in the Subdivision shown on the Maps originally
recorded by Declarant shall not be reduced for purposes of determining, levying and paying
assessments. The obligation and liability for payment of assessments levied against each Lot and
the Owners thereof resulting from the recombination of previously existing Lots shall be as such
Owners may determine pursuant to the written agreement of such Owners delivered to the
Association as required in Article XII(1).
(2) Annual Budget:
(a) As provided in the Bylaws and subject to the restrictions and
limitations provided herein, the Executive Board shall establish an Annual Budget in advance for
each fiscal year. Such budget shall project all Common Expenses for the forthcoming fiscal
6

year, including a reasonable allowance for contingencies and reserves. The budget shall take
into account the maintenance obligations as set forth above and any projected or anticipated
income. The Executive Board shall keep separate, in accordance with subparagraph (c) of this
Section 2, items relating to the daily operation, management and maintenance of the Association
and Common Areas from items relating to capital improvements. Upon adoption of such Annual
Budget by the Executive Board, copies of said budget shall be delivered to each Owner and the
assessment for said year shall be established, subject to the restrictions and limitations provided
herein, based upon such budget; however, the non -delivery of a copy of said budget to each
Owner shall not affect the liability of any Owner for such assessment. The Annual Budget shall
be ratified by the Owners as provided by the Bylaws. Should the Executive Board at any time
determine, in its sole discretion, that the assessments levied are, or may prove to be, insufficient
to pay the Common Expenses of the Association during such fiscal year, or in the event of
emergencies, the Executive Board shall have the authority to levy such additional assessment or
assessments it may deem to be necessary.
(b) The Executive Board, in establishing the Annual Budget, shall
designate therein a sum to be collected and maintained as a reserve fund (the Capital
Improvement Fund) for the periodic maintenance, repair and replacement of capital
improvements to the Common Areas and Landscaping on the Lots. The amount to be allocated
to the Capital Improvement Fund may be established by the Executive Board so as to collect and
maintain a sum reasonably necessary to anticipate the need for repair, maintenance and
replacement of capital improvements to the Common Areas and to maintain, repair and replace
Landscaping on the Lots as provided herein. The Capital Improvement Fund shall be maintained
in a separate account by the Association and such monies shall be used only for periodic
maintenance, repair and replacement of capital improvements to the Common Areas and to
maintain, repair and replace Landscaping on the Lots as provided herein. Any interest earned on
monies in the Capital Improvement Fund shall not be expended for daily operation, management
and maintenance of the Association and Common Areas.
(c) All monies collected by the Association shall be treated as the
separate property of the Association and such monies may be applied by the Association to the
payment of any expense of operating and managing the Association, or the proper undertaking of
all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws,
except that monies placed in the Capital Improvement Fund shall be used only for the specified
purposes of said account. As monies for assessments are paid into the Association by any
Owner, the same may be commingled with monies paid to the Association by the other Owners
for the same purposes. Although all funds, including other assets of the Association, and any
increments thereto or profits derived therefrom or from the leasing or use of Common Areas,
shall be held for the benefit of the members of the Association, no member of the Association
shall have the right to assign, hypothecate, pledge or in any manner transfer his membership
interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall cease to be
a member of the Association by reason of his divestment of ownership of such Lot, by whatever
means, the Association shall not be required to account to such Owner for any share of the funds
or assets of the Association, including any monies which such Owner may have paid to the
Association, as all monies which any Owner has paid to the Association shall be and constitute
an asset of the Association which may be used in the operation and management of the
Association.
7

(3) Except as herein provided, assessments for Lots shall be fixed at a uniform
rate.
(4) The payment of any assessment or installment thereof shall be in default if
such assessment or installment is not paid to the Association within thirty (30) days of the due
date for such payment. When in default, the delinquent assessment shall bear interest at such
rate as may be determined by the Executive Board, from time to time, until paid in full. The
Executive Board may establish procedures to collect delinquent assessments, together with
penalties, interest and other charges as permitted by the Act; and, in accordance with such
procedures, may declare the payment of any future installments of the assessment to be
accelerated and the entire assessment due and payable immediately.
(5) The assessments levied by the Association shall be used exclusively to pay
Common Expenses and to promote the recreation, health, safety and welfare of the Owners and
the improvement and maintenance of the Common Areas and Lots as provided herein.
(6) The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of the Association as to the status
of assessments on a Lot is binding upon the Association as of the date of its issuance.
(7) The lien of the assessments provided for herein shall be subordinate to the
lien of any first lien deed of trust. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to foreclosure of a first lien deed of trust or any
proceeding in lieu thereof, shall extinguish the lien (but not the personal obligation of the Person
who was the Owner of the Lot at the time when the assessment fell due) of such assessments as
to payments which became due prior to such sale or transfer. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
(8) In order to establish a working capital fund, upon the conveyance of a Lot
to any Owner other than any Declarant identified in Article I(8) in this Declaration or otherwise
specified by recorded instrument as provided in Article I(8), each such Owner shall contribute at
closing an amount equal to one -sixth (1/6) of the assessment levied for the current year against
such Lot, said sum to be paid to the Association. Said sum is not an advance payment of regular
assessments, but shall be utilized to establish the working capital fund.

VI.
Special Assessments
(1) Special assessments may be levied against Lots for such reasons as are
provided in the Association Documents, and on such terms as provided by the Executive Board.
Furthermore, special assessments may be assessed against a specific Lot to pay for the cost of
curing a violation of the Association Documents and as may otherwise be provided for in the
Act. No special assessments shall be levied upon any Lot owned by Declarant unless Declarant
consents. Special assessments, together with interest, costs and reasonable attorneys' fees, shall
be a continuing lien upon the Lot against which each such special assessment is made.
Furthermore, each such special assessment, together with interest, court costs, and reasonable
attorneys' fees, shall be the personal obligation of the Person who was the Owner of the Lot at
the time when the assessment fell due. The personal obligation for delinquent special
assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but,
subject to the provisions of this Declaration, delinquent special assessments shall continue to be
a lien upon such Lot. It is provided, however, that no special assessments shall be levied upon a
Lot until a Dwelling on such Lot either has been constructed and occupied or constructed and
sold unless Declarant consents to such special assessments.
(2) The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the special assessments
on a specified Lot have been paid. A properly executed certificate of the Association as to the
status of special assessments on a Lot is binding upon the Association as of the date of its
issuance.
VII.
Lien for Assessments
(1) Lien. The total annual assessment of each Owner for Common Expenses,
any additional assessment, any special assessment or any other sum duly levied (including
without limitation fines, charges, interest, late charges, etc.), pursuant to the Association
Documents, is hereby declared to be a lien levied against any Lot owned by any Owner. Until
fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as
of the date when payment was due, by the Owner from whom payment was due, and shall also
apply to and encumber any and all Lots thereafter acquired by that Owner from the time such
Owner becomes the Owner thereof. The lien shall become effective as provided in the Act. The
lien shall be prior to all liens and encumbrances hereafter recorded except a first mortgage or
first deed of trust held by a Mortgagee, real estate taxes and other charges levied by
governmental authority and made superior by law. The personal obligation of the Owner to pay
such assessment shall, in addition, remain such Owner's personal obligation and a suit to recover
a money judgment for non payment of any assessment or installation thereof, levied pursuant
hereto, may be maintained without foreclosing or waiving the lien herein created to secure the
same.
E

(2) Acceleration. In any case where an assessment against the Owner is
payable in installments, upon a default by such Owner in the timely payment of any two (2)
consecutive installments, the maturity of the remaining total of the unpaid installments of such
assessment may be accelerated, at the option of the Executive Board; and the entire balance of
the assessment may be declared due and payable in full by the service or notice to such effect
upon the defaulting Owner.
(3) Enforcement. The lien for assessments may be enforced and foreclosed in
any manner permitted by the laws of North Carolina for foreclosure of mortgages or deeds of
trust containing a power of sale or by an action in the name of the Executive Board, or the
managing agent, acting on behalf of the Association. During the pendency of any such action to
enforce the Association lien, the Owner shall be required to pay a reasonable rental for the Lot
for any period prior to sale pursuant to any judgment or order of any court having jurisdiction
over such sale. The plaintiff in such proceeding shall have the right to the appointment of a
receiver, if available under the laws of North Carolina. The Association shall have the power to
bid on the Lot at foreclosure or other legal sales and to acquire, hold, lease, mortgage, convey or
otherwise deal with such Lot.
(4) Remedies Cumulative. A suit to recover a money judgment for unpaid
assessments may be maintained without foreclosing or waiving the lien securing the same, and a
foreclosure may be maintained notwithstanding the pendency of any suit to recover a money
judgment.
(5) Subordination and Mortgage Protection. Notwithstanding any other
provision hereof to the contrary, the lien of any assessment levied pursuant to the Association
Documents upon any Lot (and any charges, interest on assessments, late charges or the like) shall
be subordinate to, and shall in no way affect the rights of the holder of a Mortgage made in good
faith for value received; provided, however, that such subordination shall apply only to
assessments which have become due and payable prior to a sale or transfer of such Lot pursuant
to foreclosure or any proceedings in lieu of foreclosure. Such sale or transfer shall not relieve
the Mortgagee or the purchaser of the Lot at such sale from liability for any assessments
thereafter becoming due, nor from the lien of any such subsequent assessment, which lien shall
have the same effect and be enforced in the same manner as provided herein.
VIII.
Compliance With Association Documents
In the case of failure of an Owner to comply with the terms and provisions
contained in Association Documents, the following relief shall be available:
(1) The Association or an aggrieved Owner on his behalf shall have the right
to bring an action and recover sums due, damages, injunctive relief, and/or such other and further
relief as may be just and appropriate.
(2) The Association, in addition to any other rights set forth in the Association
Documents, is authorized and shall have the right to: (a) enter any portion of the Subdivision or a
10

Lot on which, or as to which, a violation or breach exists and summarily to abate and remove, at
the expense of the defaulting Owner, any structure, thing or condition that may exist thereon
contrary to the intent and meaning of the provisions of the Association Documents, and the
Executive Board, its agents or employees, shall not thereby be deemed guilty in any manner of
trespass; and (b) to use self-help to remove or cure any violation of the Association Documents
within the Subdivision. Such actions undertaken by the Association shall be upon compliance
with the Notice and Hearing procedures contained in this Declaration. However,
notwithstanding any other provisions in the Declaration to the contrary, the Association, acting
through its Executive Board may enforce any provision and regulations of the Association
Documents by self-help specifically including, but not limited to, violations and defaults which
create a health hazard, a dangerous or emergency situation, the towing of vehicles that are in
violation of parking rules and regulations and removing of signs, mail boxes and other items of
similar size which are in violation of the Association Documents. Additionally, the Board may
elect to enforce any provision of the Association Documents without complying with the Notice
and Hearing procedures through a civil action at law or in equity to enjoin any violation or to
recover monetary damages or both. In any such civil action or lawsuit, to the maximum extent
permissible, the Owner or occupant responsible for the violation for which abatement is sought
shall pay all costs incurred by the Association, including Reasonable Attorneys' Fees actually
incurred, if the court finds for the Association.
(3) The Executive Board shall not impose a fine or penalty, undertake
permitted remedial action, suspend voting or infringe upon other rights of an Owner or other
occupant of a Lot for violations of the Declaration, the Bylaws or the Association's rules and
regulations without compliance with the Notice and Hearing procedures contained in this
Declaration.
(4) The remedies provided by this Article are cumulative and are in addition
to any other remedies provided in the Association Documents, by law and the Act.
(5) The failure of the Association or any Person to enforce any provision of
.the Association Documents shall not be deemed a waiver of the right to enforce such provisions
thereafter as to the same violation or subsequent violation of similar character.
M
Property Rights of Lot Owners,
Cross -Easements, and Exceptions
(1) Every Owner of a Lot as an appurtenance to such Lot shall have a
non-exclusive perpetual easement over and upon the Common Areas for each and every purpose
or use for which such Common Areas were intended as determined by their type or for which
such Common Areas generally are used, subject to the limitations and provisions contained
herein. Such easements and rights shall be appurtenant to and shall pass with the title to every
Lot, whether or not specifically included in a deed thereto, subject to the restrictions and
limitations contained herein, including but not limited to, the following provisions:
11

(a) The Association shall have the right to make reasonable rules and
regulations respecting the use of same, and exercise any powers granted by the Act and the North
Carolina Nonprofit Corporation Act.
(b) The Association shall have the right, upon compliance with the
Notice and Hearing Procedures contained in this Declaration, to suspend the rights of an Owner
to utilize the Common Areas and the improvements thereon during any period in which any
assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty
(60) days for any other violation of the Association Documents.
(2) Any Owner may delegate, in accordance with the Bylaws, his right of
enjoyment to the Common Areas and facilities to the members of his family, his tenants, and
guests.
(3) Easements for the installation and maintenance of utilities and drainage
facilities as shown on the Maps are hereby reserved and retained by Declarant, together with the
right to grant similar easement rights to other Persons. No structure, fence, planting,
Landscaping or other material which may interfere with the installation and maintenance of
utilities, which may change the direction of flow of drainage channels in the easements, or which
may obstruct or retard the flow of water through drainage channels in the easements may be
placed in the easement areas without prior approval by the Committee. Structures, fences,
Landscaping and other materials winch have been approved by the Committee may be placed in
the easement areas. The Committee may deny placement of structures, fences, Landscaping or
other materials in the easement areas if it determines they would adversely affect the drainage or
utilities of the Subdivision.
(4) Each Owner, as an appurtenance to his Lot, shall have and is hereby
conveyed a perpetual, non-exclusive right of way and easement for the purposes of ingress,
egress and regress to and from his Lot over, through and across the streets and roads shown on
the Maps.
(5) An easement is granted to the Association, its employees and designees, to
make any reasonable entry onto any Lot without notice to the Owner thereof in the event of any
emergency.
X.
Architectural Committee and Architectural Restrictions
(1) There hereby is constituted The Neighborhoods of Holly Ridge
Architectural Committee ("Committee") to be appointed, and replaced, and to possess the
qualifications and powers as specified herein. The Committee shall consist of one (1) individual
to be appointed by Declarant until Declarant releases its right, in writing, to make such
appointment who shall serve until he resigns or is replaced by Declarant, which Declarant
reserves the right to do. Declarant shall have the sole right to replace said member unless
Declarant has released that right to appoint the member of the Committee. The right of
Declarant to appoint, remove and replace the Committee shall expire upon termination of the
Development Period without any further action or consent of Declarant, at which time the
12

Executive Board shall thereafter have the right to appoint, remove and replace members of the
Committee. Thereafter, the Committee shall be subject to such procedures and regulations as
may be approved, amended, restated or modified from time to time at the direction of the
Executive Board.
(2) Before any Lot clearing, grading, or removal of trees, or before any
structure, fence, building, wall, walkway, mailbox, paper box, sign, trash can holder, or any
improvement, replacement or addition to any of same shall be commenced, erected, or
maintained upon any Lot, or upon any Common Areas and before any alteration (including
painting) of the exterior portion of any structure located upon the Lots or the Common Areas and
before any alteration of the surface of any Lot or area appurtenant to any Lot including, but not
limited to installation of Landscaping, in the Subdivision shall be commenced (except as shall be
undertaken by the Declarant or the Association itself), the Person desiring to make such changes
or erections shall submit and have approved by the Committee plans and specifications detailing
the changes and erections, which plans and specifications shall include Landscaping. The plans
and specifications must show the structure, kind, shape, height, color, material and location of
the changes or erections. Applications to the Committee shall include two (2) complete sets of
the final plans and specifications for any and all proposed improvements and other information
requested by the Committee on its application forms and shall be (a) hand delivered to the.
current president of the Association, or (b) mailed certified or registered with return receipt
requested to the registered office of the Association and marked to the attention of the
Committee.
(3) The Committee shall make its decision approving or disapproving the
plans by taking into consideration the nature of the Subdivision, the aesthetics of the proposed
changes or alterations, the harmony of the proposed change or erection with the architectural
style of neighboring buildings (including the Dwelling on a Lot in the case of approval sought
for permitted outbuilding appurtenant to the Dwelling), durability of construction, relative costs,
and protection of the investment of the Owners of other Lots in the Subdivision. Submission of
incomplete or inaccurate plans and specifications shall result in disapproval. One set of plans
and specifications with the approval or disapproval of the Committee shall be returned to the
party submitting them and the other copy shall be retained by the Committee for its permanent
files.
(4) A majority vote of the Committee shall be required to take any action. If
the Committee fails either to approve or disapprove any plans so submitted within thirty
(30) days of receipt by the chair of the Committee, the plans will be deemed approved. The
Committee does not have to hold formal meetings. Any action or decision of the Committee
may be appealed to the Executive Board by the Person submitting such request to the Committee
or any other party deemed by the Executive Board to have standing as an aggrieved party. The
Executive Board may modify or reverse any such action or decision of the Committee or may
grant reasonable variances of the requirements of this Article as generally permitted in
Article XVI. Any appeal to the Executive Board shall be in writing and delivered to the
President of the Executive Board in the manner provided for delivery of notices set forth in
Article XXIII within ten (10) days following the decision by the Committee.
13

(5) Neither the Executive Board, the Committee nor any agent of Declarant
shall be responsible in any way for any defects in any plans or specifications submitted, revised
or approved in accordance with the foregoing provisions or any structural or other defect in any
work done according to such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or encumbrance
on any Lot on which construction is complete, and any subsequent purchaser thereof is in no way
affected by the failure of his predecessors in title to comply with the terms hereof.
(7) Subject to approval of the Executive Board, the Committee may establish
(a) such procedures and requirements for submittal and review of plans and specifications as it
deems appropriate from time to time the review of plans and inspections which are not
inconsistent with Sections (2), (3) and (4) above, (b) times during which construction may take
place upon Lots or within Dwellings and (c) fees and costs associated with the review of plans
and the conduct of inspections.
/W
Insurance
(1) The Association shall purchase and maintain, to the extent reasonably
available, hazard insurance against loss or damage by fire and similar perils for all improvements
and fixtures owned by the Association located on Common Areas, including personal property of
the Association. The insurance, if reasonably available, shall cover at least ninety percent (90%)
of the current replacement costs of the improvements and fixtures, after application of any
deductibles, as determined by the Association with the assistance of the insurance company
providing coverage or consultant selected by the Executive Board. Coverage may exclude land,
foundations, excavations, or other items that are usually excluded from insurance coverage. The
insurance policy shall require that the insurer notify the Association in writing at least sixty
(60) days prior to any substantial change in coverage or cancellation. The insurance policy shall
also contain clauses providing for waiver of subrogation.
(2) If the property of the Association is located within a special flood hazard
area, the Association may purchase and maintain flood insurance in amounts it deems necessary.
Any such policy shall require the insurer to notify the Association in writing at least sixty
(60) days prior to cancellation or any substantial change in the coverage.
(3) The Association shall purchase and maintain at all times a comprehensive
general liability insurance policy covering all Common Areas and any other areas that are under
its supervision. The liability insurance shall insure against liability to the public or to Owners,
their tenants, guests or invitees, relating in any way to the ownership, operation, maintenance
and/or use of the Common Areas, and any part thereof, and any other areas under the
Association's supervision. Such insurance policy shall, if reasonably available, contain a
"severability of interest endorsement" or equivalent coverage which precludes the insurer from
denying the claim of an Owner because of the negligent acts of the Association or other Owners.
Limits of liability shall be at least One Million Dollars ($1,000,000) covering all claims for
bodily injury and/or property damage arising out of a single occurrence. Coverage under this
14

policy shall include, if available and economically feasible, legal liability arising out of losses
related to employment contracts of the Association. The policy shall require the insurer to notify
the Association in writing at least 10 days before the insurer cancels or substantially changes the
coverage. The general liability insurance to be purchased pursuant to this subsection shall
include Directors and Officers Liability Insurance in an amount not less than One Million
Dollars ($1,000,000.00), or, if such coverage cannot be obtained within said policy, a separate
policy providing such coverage and in such amount shall be purchased by the Association.
(4) Fidelity bonds or insurance coverage against dishonest acts on the part of
such persons (including by way of illustration and not limitation, Association members, officers,
directors, managers, agents, employees and volunteers) handling or responsible for funds
belonging to or administered by the Association may be maintained by the Association if deemed
necessary. In the event the Association has delegated some or all of the responsibility for
handling of funds to a management agent, such bonds or insurance coverage may include
officers, employees and agents of such management agent. Any such fidelity bond or insurance
shall name the Association as the named insured. Any such policy shall contain a provision
providing that it may not be cancelled or substantially modified (including cancellation for
nonpayment of premium) without at least ten (10) days prior written notice to the Association
and all Eligible Mortgage Holders.
(5) If the insurance described in Section (1) and (3) above is not reasonably
available, the Association promptly shall cause notice of that fact to be nand -delivered or sent
prepaid by United States Mail to all Lot Owners.
(6) Each Owner shall be responsible for obtaining and shall pay the cost of
any hazard insurance against fire and similar perils including flood on such Owner's Dwelling,
personal property, fixtures and appliances. Each Owner's hazard insurance policy shall name the
Association as a loss payee. Each Owner shall be responsible for purchasing and maintaining
liability insurance covering his Lot and Dwelling.
(7) The deductible, if any, of any insurance policy purchased by the Executive
Board shall be a Common Expense; provided, however, that the Association may, pursuant to
Article VI hereof, assess as a special assessment any deductible amount necessitated and arising
from the act, misuse or neglect of an Owner or such Owner's tenant, household, guests,
employees, agents and invitees.
Restrictions on Use and Occupancy
(1) The division or any recombination of Lots shown on plats of the
Subdivision recorded by the Declarant in the Onslow County Register of Deeds is permitted
provided that the Person(s) requesting a division or recombination shall make a written request
therefor to the Executive Board, as hereinafter provided, and Executive Board determines that
the following requirements are met and conditions fully satisfied:
15

(a) The Person(s) submitting the application shall be Owners of the
Lots to be divided or recombined.
(b) The proposed division or recombination of Lots sball not increase
the number of Lots (i.e., Lots or portions of Lots are combined with other Lots or portions of
other Lots to form a new Lot).
(c) A surveyor registered to conduct land surveys in the State of
North Carolina shall have prepared a map or plat meeting all requirements for the recording
thereof in the Onslow County Register of Deeds depicting the division or recombination of Lots.
(d) The Executive Board shall have received fully executed copies of
the deed(s) or other instrument(s) of conveyance effecting the division or recombination of the
Lots.
(e) The Owners shall have submitted to the Executive Board an
executed copy of the agreement between such Owners of the divided or recombined Lots, in
form so as to be recordable in the Onslow County Register of Deeds, establishing the liability as
between said Owners for the purpose of establishing the obligation and liability for payment of
assessments levied against the Owners resulting from the recombination or division of the
previously existing Lot(s).
Applications to the Executive Board shall include two (2) complete sets of the documents set
forth above and shall be (a) hand delivered to the current President of the Association or
(b) mailed certified or registered with return receipt requested to the registered office of the
Association' and marked to the attention of the President of the Executive Board.
Any Lot which is created by the combination of one or more Lots or portions thereof shall be
considered only one Lot under these Restrictions notwithstanding the fact that it may contain
more than one Lot, except for purposes relating to assessments as set forth in Article V(1)(d).
Any drainage or utility easement which runs along the side lot lines of a Lot automatically shall
be relocated to the new side lot lines of any new or resultant Lot. If the drainage or utility
easement is already in use, the Owner combining the Lots shall pay for the relocation of such
drainage or utility easements and the lines and pipes using such and any replacement and
re -location of Landscaping.
(2) All Lots shall be used for single family residential purposes only and no
dwelling shall be erected on any Lot other than one detached single family dwelling not to
exceed two and one-half stories in height, and a one, two, or three car garage. No permitted
garage shall be utilized for living quarters. No trailer, tent, mobile home, or other structure of a
temporary character shall be placed on any Lot. All buildings shall be of wood, stone, brick,
brick veneer, stucco, masonite, or vinyl siding. Any other materials must be approved by
Declarant or the Committee.
(3) No building shall be erected nearer to the front lot line, or side lot line, or
rear lot line than the setback lines shown on the Maps.
w

(4) No dwelling erected on any Lot shown on the Maps shall have less than
1,000 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used herein
shall be the total finished/heated area within the dwelling; provided, however, that such term
does not include garages, terraces, decks, porches and other unheated areas.
(5) No Lot shall be re -subdivided in such a manner as to create a
re -subdivided Lot or a portion of a Lot having less than 6,000 square feet. Nothing herein shall
prevent a redivision which shall increase the square footage of a Lot used for the erection of a
detached single family dwelling as hereinbefore defined.
(6) No commercial trade or activity, or any noxious trade or activity
whatsoever, shall be carried on upon any Lot, nor shall anything be done thereon which may be,
or may become, an annoyance or nuisance to other Lot Owners. Unsightly, inoperative junk cars
and like eyesores cannot be maintained on any Lot either prior to or after a dwelling has been
erected on said Lot or on any Street located in the Subdivision and any such automobiles may be
removed by the Declarant or the Corporation at the Lot Owner's expense.
(7) There shall not be placed or used on any Lot any of the following
structures: trailer, mobile home (including a multiple -wide mobile home), tent, shack, garage
apartment, barn, any other out building or any such structure of a permanent or temporary
character.
(8) All buildings, structures and their appurtenances located on a Lot shall be
maintained in a suitable state of repair.
(9) If any Dwelling or other improvements located on a Lot are destroyed by
fire or other casualty, all rubbish and debris shall be removed with promptness after such fire or
other casualty. In no event shall debris or rubbish remain on a Lot longer than two (2) months
after such fire or other casualty. Provided, however, no such removal or demolition shall be
required if prohibited by court order or if a legal or insurance investigation concerning such fire
or casualty is ongoing.
(10) No animals, other than domesticated dogs, cats or other household pets,
may be kept or housed on any Lot. No dogs, cats or other household pets may be kept, bred or
maintained for any commercial purposes, nor may more than two (2) such pets may be kept or
housed on any lot. Any housing or shelter constructed for said domesticated dogs or cats shall be
screened with fencing (or otherwise) that shall be approved by Declarant or the Committee.
Animals, when not housed, shall be on a leash at all times.
(11) No Lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage, or other waste, and such materials may not be kept on any Lot, except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such materials shall
be kept in a clean and sanitary condition. Upon completion of construction of a Dwelling, and as
a part of the construction, the Owner of said Lot thereof shall generally landscape the Lot so as
to be in keeping with the yards of the Owner's neighbors. The front yard areas of all Lots shall
be generally smoothed and sodded at all street fronts and all Stormwater Management Facilities
located on a Lot shall be maintained by the Owner of such Lot in compliance with North
17

Carolina State Stormwater Management Permit Number SW8050213 and any amendments,
additions or replacements thereof, or any such permit obtained by Declarant and relating to
property annexed into the Subdivision by Declarant as provided herein. There shall be no mass
clearing or stripping of trees from any Lot without the prior written consent of the Declarant or
the Committee. The lawn and grass on each Lot shall be kept mowed to a length no greater than
four (4) inches.
(12) No fence shall be erected on any Lot nearer the front property or lot line
than the rear corners of the dwelling erected on said Lot, and all fences erected on any Lot shall
not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition.
No fence or structure of any kind shall be placed within utility and drainage easements shown on
the Maps or upon any Stormwater Management Facility except as permitted by the Permit. The
drainage between Lots shall not be disrupted by fill, shrubs, beds, debris, or any other means.
(13) No boat, motor boat, camper, trailer, school bus, motor home, mobile
home, truck rated over one (1) ton, or other vehicle similar to any of the same shall be permitted
to remain on any Lot, or in any parking space on or adjacent to any Lot, unless prior written
consent for the same is obtained from the Declarant or the Committee, or unless the same is
properly stored in an area enclosed by a fence no shorter than six (6) feet such that no part of
such vehicle is visible to anyone from the Streets located in the Subdivision.
(14) Any and all erosion from a Lot occurring as the result of any construction
on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the
occupancy of said dwelling by the Owner of the Lot or as required by any applicable law,
\ r regulation, rule or ordinance.
�j 5 The maximum allowable "built -upon area" on any Lot in the Subdivision
is 3,800 square feet. "Built -Upon Area" includes any area constructed within the Lot property
boundaries an at portion of the right-of-way between the front lot line and the edge of the
pavement. "Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited
by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and
surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30)
feet from the mean highwater mark of any surface waters. The covenants set forth in this
Paragraph (15) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8050213 as issued by the Division of Water Quality under NCAC 2H.1000 and
any amendments, additions or replacements thereof, or any such permit obtained by Declarant
and relating to property annexed into the Subdivision by Declarant as provided herein (the
"Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this
Paragraph (15) to the extent necessary to maintain compliance with the Permit. The covenants
set forth in this Paragraph (15) pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved stormwater plan for the Subdivision may not take
place without the concurrence of the State.
18

(16) In the event the Owner of a Lot shall damage or through negligent failure
to act allow damage to occur to any drainage or utility easement or Stormwater Management
Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the
repair or replacement of said drainage or utility easement or the Stormwater Management
Facilities as provided in these Restrictions. From and after the time the Permit is transferred to
the Corporation, Declarant shall have no responsibility for maintaining any drainage easements
or Stormwater Management Facilities in the Subdivision except drainage easements or
Stormwater Management Facilities located on Lots owned by Declarant. Within the drainage
and utility easements set forth in these Restrictions or shown on the Maps, no structure, fencing,
planting or other material shall be placed or permitted to remain which may damage or interfere
with the installation or maintenance of utilities or which may change the direction or flow of
drainage channels in the easements or violate the provisions of the Permit.
(17) It shall be the obligation of the Owner of any Lot in the Subdivision to
provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on
said Lot as said driveway crosses the ditch or swale line at the front of the Lot in order that the
natural flow of drainage will not be at any time blocked along the street. The culvert or drainage
pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no
instance shall said drainage pipe be less than 15 inches in diameter. This pipe shall be installed
prior to the construction of any dwelling on a Lot. The foregoing provisions of this Paragraph 16
notwithstanding, all such culverts or drain pipes shall comply with the Permit.
(18) Motor vehicles without current and valid licenses and inspections shall not
be permitted to remain on any Lot or any Streets within the Subdivision. Motor vehicles utilized
for commercial purposes shall not be permitted upon any Lot or upon the Streets within the
Subdivision except during the construction of residential dwellings upon the Lots and for the
delivery of goods and services to the residential dwellings located upon the Lots.
(19) No signs of any type or description shall be placed on or displayed on a
Lot or the improvements thereon except signs advertising the property as being for sale, which
signs shall not exceed six (6) square feet in size.
am
Special Declarant Rights
In addition to rights elsewhere reserved by Declarant in this Declaration, the Articles and the
Bylaws, Declarant hereby reserves those Special Declarant Rights as defined in the Act together
with the following:
(1) Declarant reserves the right to subject the Lots to a contract with any
public utility or municipality for electricity and lighting to the Lots, including the installation of
underground electric cables, which contract may require an initial payment and/or continuing
monthly payments to such public utility or municipality by the Owner of each Lot. Such
expense, including both initial and continuing monthly payments, shall be an individual cost to
be borne by each individual Lot Owner and is not a Common Expense paid through assessments.
19

(2) Declarant hereby retains and reserves for itself, together with the right to
grant similar easements to other Persons, perpetual non-exclusive easements over, upon and
under the streets, roads, utility lines, and drainage and utility easements existing in the
Subdivision and/or shown on the Maps. Such easements are non-exclusive and are for any
purposes as Declarant, in its discretion, determines and include for the purposes of providing
utilities and access to the Additional Property and property in the Subdivision area. Said
easements shall run to the benefit of all parties and property to whom Declarant grants similar
easements. Reference to access easements throughout this Declaration shall be interpreted to
include perpetual non exclusive general access and utility easements for ingress, egress, regress,
access and the maintenance and installation of utilities.
(3) Declarant retains and reserves a perpetual easement over and under the
streets in the Subdivision for the purpose of installing, maintaining, and repairing power lines,
light poles, light fixtures and other apparatus necessary for a street light system for the
Subdivision.
(4) Declarant retains and reserves for itself, together with the right to grant a
similar easement to any other Person, a perpetual easement over and under the streets in the
Subdivision for the purpose of installing, maintaining, and repairing water and sewer lines to
service property in the Subdivision area.
(5) During the Development Period, Declarant may install and maintain signs
used to market Lots within the Property including, but not limited to, for sale signs of any size
and signs noting and identifying model Dwellings.
Declaration.
(6) The right to appoint the Committee as set forth in Article X(1) of this
(7) The right to exercise veto power as set forth in the Articles.
Declarant may transfer all or any portion of the Special Declarant Rights created or reserved
hereunder to any Person pursuant to the provisions of the Act.
��
Development of the Subdivision
(1) Declarant hereby reserves an option to expand the Subdivision from time
to time without the consent of any Owner or Eligible Mortgagee by submitting all or any portion
of the Additional Property to the provision of this Declaration and the jurisdiction of the
Association. The option to incorporate Additional Property into the Subdivision shall continue
to the end of the Development Period and may be terminated only upon the recordation by
Declarant of an instrument relinquishing such option. When submitting any portion of the
Additional Property to the provisions of this Declaration and the jurisdiction of the Association,
Declarant reserves the right unilaterally to record additional amendments to the Declaration
subjecting any Lot on such portion of the Additional Property to such additional covenants,
restrictions and conditions as may be necessary, in the discretion of Declarant, to reflect the
20

different characteristics of the development of such portions of the Additional Property as are not
inconsistent with the overall scheme of the Declaration; provided, however, that Declarant shall
not have such right over a specific Lot after the conveyance of such Lot to an Owner other than
Declarant.
(2) Declarant may unilaterally amend the description of the Additional
Property set forth in Attachment A and the Maps of the Additional Property.
(3) Declarant shall record in the office of the register of deeds of Onslow
County one or more amendments to the Declaration submitting such portion of the Additional
Property described therein to this Declaration and to the jurisdiction of the Association. Each
amendment shall include a legally sufficient description of the real estate added and each the
Maps shall designate such real estate with the term "Section" followed by a unique identifier so
as to differentiate between each Section of the Subdivision. Any such amendment may contain
such additions, modification or other changes to the provisions in this Declaration as may be
necessary, in the discretion of Declarant, to reflect the different character of the Additional
Property added thereby and as are not inconsistent with the overall scheme of this Declaration;
provided, however, that such additions shall not apply to any real estate previously submitted to
this Declaration. When recording an amendment adding all or portions of the Additional
Property to the Subdivision, appropriate Maps shall be recorded showing such Additional
Property being submitted, describing any real estate being conveyed to the Association as
Common Areas and showing any new Lots.
XV.
Waiver
No provision contained in Association Documents shall be deemed to have been
waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person
as to the same or similar future violations, no matter how often the failure to enforce is repeated.
XVI.
Variances
The Executive Board in its discretion may allow reasonable variances and
adjustments in the restrictions contained herein in order to alleviate practical difficulties and
hardship in their enforcement and operation. Any such variances shall not violate the spirit or
the intent of this document to create a Subdivision of Lots owned in fee by various Persons with
each such Owner having an easement upon areas owned by the Association. No variance or
adjustment will be permitted if such would be materially detrimental or injurious to the welfare
of the other property and improvements in the Subdivision as determined by the Executive
Board.
21

XVII.
Duration, Amendment and Termination
(1) The Restrictions contained in this Declaration shall run with and bind the
Lots and Common Areas until July 1, 2026, after which time they shall automatically be
extended for successive periods of ten (10) years.
(2) The Association may amend this Declaration in full or part by an
affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven
percent (67%) of the votes in the Association are allocated.
(3) Written notice of any proposed amendment shall be sent to every member
and Owner at least thirty (30) days before any action is taken.
(4) Notwithstanding anything to the contrary contained herein:
(a) No amendment to this Declaration shall be made during the
Development Period without the prior written consent of the Declarant.
(b) No amendment to this Declaration shall (i) increase the financial
obligations of an Owner in a discriminatory manner or further restrict development
permitted on a Lot; (ii) alter any obligation to pay ad valorem taxes on the Common
Areas; (iii) alter any obligation to pay assessments for street lighting as herein provided
or affect any lien for the payment of same; (iv) modify any provision contained herein
which specifically requires the consent of another party to modify such provision unless
the required consent of such other party has been obtained; or (v) modify the rights or add
to the obligations of the Declarant unless the Declarant executes the instrument including,
but not limited to, the veto rights of the Declarant as set forth in the Articles.
(c) No amendment to this Declaration shall diminish or impair the
rights of the Declarant, including voting or veto rights, under the Declaration without the
prior written consent of the Declarant.
(d) No amendment to this Declaration may modify this Article XII or
the rights of any Person hereunder.
(e) Except as specifically provided in this Declaration, no amendment
to this Declaration shall be construed to grant to any Owner or to any other Person any
priority over any rights of Mortgagees.
(4) An amendment to this Declaration shall not be effective until certified by
the President as to compliance with the procedures set forth herein, executed and acknowledged
by the President and attested by the Secretary or Assistant Secretary of the Association, and
recorded in the office of the Register of Deeds of Onslow County.
22

(5) During the Development Period, Declarant may unilaterally amend this
Declaration for any purpose; however, any such amendment shall not adversely affect the title to
any Lot unless the Owner thereof shall consent in writing.
(6) Invalidation of any of these Restrictions by judgment or court order shall
in no way affect any other provision of these Restrictions which shall remain in full force and
effect.
(7) This Declaration and The Neighborhoods of Holly Ridge planned
community may be terminated only by written agreement signed by Owners of Lots to which at
least eighty percent (80%) of the votes in the Association are allocated. Any such termination
shall be in accordance with the provisions of N.C. Gen. Stat. § 47F-2-118.
OWN I
Common Areas: Private
(1) All Common Areas and any facility thereon are private. Neither the
Declarant's execution of this Declaration nor recording of the Map nor any other act of the
Declarant with respect to the property is or is intended to be or shall be construed as a dedication
to the public of any of the Common Areas. An easement for the use and enjoyment of each of
the areas designated as Common Areas is reserved by the Declarant, its successors and assigns.
(2) All Common Areas shall be owned by the Association and shall be
accepted by the Association free and clear of all liens and encumbrances except pro rata ad
valorem real property taxes for the year of conveyance, reasonable drainage and utility
easements, the easement rights specified herein, including but not limited to, easement rights
retained by Declarant herein, all government laws and regulations, and this Declaration.
XIX.
Acceptance
(1) The grantee of any Lot subject to these Restrictions, by acceptance of a
deed conveying title thereto, or by the execution of a contract for the purchase thereof, whether
from Declarant or a subsequent owner of such Lot, shall accept such deed or contract upon and
subject to each and all of these Restrictions herein contained and also the jurisdiction, rights and
powers of Declarant and the Association, and by such acceptance shall for himself, his heirs,
personal representatives, successors and assigns, covenant, consent and agree to and with
Declarant and the Association and to and with the grantees and subsequent owners of each of the
Lots to keep, observe, and comply with the Association Documents.
(2) Each such grantee also agrees, by such acceptance, to assume, as against
Declarant, its successors and assigns, all of the risks and hazards of ownership or occupancy
attendant to such Lot, including but not limited to its proximity to any Common Element or
recreational facility.
23

ARTICLE XX
COMPLIANCE AND DEFAULT
(1) Relief. Each Owner and each Owners Association located within the
Property shall be governed by, and shall comply with, all of the terms of the Association
Documents as they may be amended from time to time. For the purpose of determining an
Owner's liability for the violation of any provision of the Association Documents or for an act or
omission of such Owner, each Owner is responsible, regardless of negligence or culpability, for
such Owner's own acts or omissions, the acts or omission of such Owner's tenants, and the acts
or omissions of such Owner's (or tenant's) household, guests, employees, customers, agent or
invitees. A default by an Owner or an Owners Association located within the Property shall
entitle the Association, acting through its Executive Board or through the managing agent, to the
relief and remedies set forth in the Act, the Association Documents and this Article XX.
(2) Abating and Enjoining Violations. The violation or the breach of any
provision of the Association Documents shall give the Executive Board the right, in addition to
any other rights set forth in the Association Documents: (a) to enter the portion of the Property
on which, or as to which, such violation or breach exists and summarily to abate and remove, at
the expense of the defaulting Owner or member, any structure, thing or condition that may exist
therein contrary to the intent and meaning of the provisions of the Association Documents, and
the Executive Board shall not thereby be deemed guilty in any manner of trespass; (b) to use
self-help to remove or cure any violation of the Association Documents on the Property
(including without limitation the towing of vehicles); or (c) to enjoin, abate or remedy by
appropriate legal proceedings, either at law or in equity, the continuance of any such breach;
provided, however, that before any construction may be altered or demolished (except in
emergencies) judicial proceedings shall be instituted.
(3) Legal Proceedings. Failure to comply with any of the terms of the
Association Documents shall be grounds for relief, including without limitation an action to
recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment
of all assessments, any other relief provided for in the Association Documents and any other
relief afforded by a court of competent jurisdiction, all of which relief may be sought by the
Association, the Executive Board, the managing agent or, if appropriate, by any aggrieved
Owner or member and shall not constitute an election of remedies.
(4) Other Remedies. The Executive Board may suspend an Owner's voting
rights pursuant to the Bylaws. The Board may also suspend the right of an Owner or other
resident, and the right of such Person's household, guests, employees, customers, tenants, agents
and invitees, to use the Common Elements for a reasonable period not to exceed sixty (60) days
for any violation of any provision of any of the Association Documents or for any period during
which any assessment against an Owner's Lot remains unpaid; provided, however, that the
Association shall not suspend the right to use the Common Elements for pedestrian ingress and
egress to and from such Owner's Lot or to suspend any easement over the Common Elements for
storm water drainage, electricity, water, sanitary sewer, natural gas, television reception,
telephone service, data transmission, computer service or similar utilities and services to the
Lots.
24

(5) Interest. In the event of a default by any Owner in paying any sum due the
Association assessed against such Owner's Lot or any Owners Association in paying any amount
to be collected from such Owners Association which continues for a period in excess of fifteen
(15) days, interest from the due date at a rate not to exceed the highest rate permissible by law
(which shall not be construed as the "legal rate" of interest) may be imposed in the discretion of
the Executive Board on the principal amount unpaid from the date due until paid; provided,
however, that if the Executive Board does not impose interest, the Board shall set forth its
reasons for not charging such interest in a written record of its decision. The interest to be
imposed pursuant to this subsection shall be in addition to any the late charges permitted
hereunder.
(6) No Waiver of Rights. The failure of the Association, the Executive Board
or of a member or Owner to enforce any right, provision, covenant or condition which may be
granted by the Association Documents shall not constitute a waiver of the right of the
Association, the Board or any member or Owner to enforce such right, provision, covenant or
condition in the future. All rights, remedies and privileges granted to the Association, the
Executive Board or any member or Owner pursuant to any tenn, provision, covenant or
condition of the Association Documents shall be deemed to be cumulative and the exercise of
any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it
preclude the party exercising the same from exercising such other privileges as may be granted
to such party by the Association Documents, at law or in equity.
(7) Imposition of Charges. The Executive Board, or the Architectural
Committee created by the Executive Board for this purpose, shall have the power to impose
charges in the case of an Owner or an Owners Association found to be responsible for a violation
of the Association Documents (personally or under the provisions of the Association
Documents). No such penalty shall be imposed until the Owner charged with such a violation
has been given notice and an opportunity for a hearing as set forth herein. No charge may be
imposed for failure to pay an assessment except as otherwise provided in the Declaration.
Charges are special assessments and shall be collectible as such and shall also constitute a lien
against an Owner's Lot in accordance with Article VII hereof.
XXI
Hearing Procedures
Except as may be otherwise specifically authorized by the Declaration, and
permitted by the Declaration, the Executive Board shall not (i) impose a fine or penalty, (ii)
undertake permitted remedial action, or (iii) suspend voting or infringe upon other rights of a
member or other occupant for violations of the Association Documents, or for assessments or
other amounts due and owing to the Association remaining unpaid for a period of thirty (30)
days, or longer, unless and until the following procedure is completed:
(a) Demand. Written demand to cease and desist from an alleged
violation shall be served upon the alleged violator specifying (i) the alleged violation; (ii) the
action required to abate the violation; and (iii) a time period, not less than ten (10) days, during
25

which the violation may be abated without further sanction, if such violation is a continuing one,
or a statement that any further violation may result in the imposition of a sanction after notice
and hearing if the violation is not continuing.
(b) Notice. At any time within twelve (12) months following such
demand, if the violation continues past the period allowed in the demand for abatement without
penalty or if the same rule is subsequently violated, the Board shall serve the violator with a
written notice of a hearing to be held by the Executive Board of the Association in executive
session. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place
of the hearing, which shall not be less than ten (10) days from the giving of the notice; (iii) an
invitation to attend the meeting and produce any statement, evidence and witness on his or her
behalf; and (iv) the proposed sanction to be imposed. The notice prescribed herein may be
served by mailing a copy of said notice to the alleged violator by placing said notice in the
United States mail, postage prepaid, by any method as permitted for the service of summons as
set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the delivery of said
notice by an officer, director or agent of the Association to the alleged violator or to any person
who may be served on the alleged violator's behalf as provided in said Rule 4.
(c) Hearing. The hearing shall be held in executive session of the
Executive Board of the Association pursuant to the notice affording the member a reasonable
opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and
the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be
deemed adequate if a copy of the notice, together with a statement of the date and manner of
delivery, is entered by the officer, director, or agent who delivered such notice. The notice
requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes
of the meeting shall contain a written statement of the results of the hearing and the sanction, if
any, imposed. In addition, a written statement of the results of the hearing and the sanction, if
any, imposed shall be mailed by the United States mail, postage prepaid, by the Association to
the violator.
(d) Sanction as Assessment. Pursuant to the provisions of this Section,
a fine may be imposed by the Association is an amount not exceeding One Hundred and No/100
Dollars ($100.00) (or as may be provided otherwise by law) per violation of the Association
Documents and without further hearing, for each day after the decision to impose such fine that
the violation occurs. Any such fine shall be an assessment as set forth in North Carolina General
Statutes Section 47F 3 107(d). If it is decided pursuant to the provisions of this Section that a
suspension of privileges or services should be imposed, the suspension may be continued without
further hearing until the violation or delinquency is cured.
XXI.
Ca tp ions
The captions preceding the various Articles of these Restrictions are for the
convenience of reference only, and shall not be used as an aid in interpretation or construction of
these Restrictions. As used herein, the singular includes the plural and where there is more than
one Owner of a Lot, said Owners are jointly and severally liable for the obligations herein
26

imposed. Throughout this Declaration, references to the masculine shall be deemed to include
the feminine, the feminine to include the masculine and the neuter to include the masculine and
feminine.
XXII_
Notice
All notices provided for or permitted pursuant to these Restrictions shall be in
writing and, except as is herein expressly otherwise provided, notice shall be deemed sufficient
and service thereof completed upon transmittal by facsimile, hand -delivery or receipt, refusal or
nondelivery of same when mailed postage prepaid to the party to or upon whom notice is being
given or served at the address of such party last reflected on the records of the Association.
Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its
purpose of creating a Planned Community of fee simple ownership of Lots with Common Areas
governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations
and easements administered by an owners' association with each Owner entitled to and burdened
with various rights and easements.
Joinder and Subordination
SunTrust is the holder of deeds of trust covering portions or all of the Lots,
Common Areas, streets, and Additional Property recorded in the office of the Register of Deeds
of Onslow County, North Carolina. SunTrust joins in the execution of this Declaration to
consent to the terms hereof and to subordinate said deeds of trust and the liens thereof to the lien
of this Declaration on the Lots, Common Areas, streets, and any Additional Property which is
now or may in the future be affected by this Declaration, and to all provisions, easements,
obligations and other matters set forth in this Declaration, as the same may hereafter be
amended, modified, supplemented, or changed.
27

imposed. Throughout this Declaration, references to the masculine shall be deemed to include
the feminine, the feminine to include the masculine and the neuter to include the masculine and
feminine.
XXII.
Notice
All notices provided for or permitted pursuant to these Restrictions shall be in
writing and, except as is herein expressly otherwise provided, notice shall be deemed sufficient
and service thereof completed upon transmittal by facsimile, hand -delivery or receipt, refusal or
nondelivery of same when mailed postage prepaid to the party to or upon whom notice is being
given or served at the address of such party last reflected on the records of the Association.
XXIII.
Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its
purpose of creating a Planned Community of fee simple ownership of Lots with Common Areas
governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations
and easements administered by an owners' association with each Owner entitled to and burdened
with various rights and easements.
XXIV.
Joinder and Subordination
SunTrust is the holder of deeds of trust covering portions or all of the Lots,
Common Areas, streets, and Additional Property recorded in the office of the Register of Deeds
of Onslow County, North Carolina. SunTrust joins in the execution of this Declaration to
consent to the terms hereof and to subordinate said deeds of trust and the liens thereof to the lien
of this Declaration on the Lots, Common Areas, streets, and any Additional Property which is
now or may in the future be affected by this Declaration, and to all provisions, easements,
obligations and other matters set forth in this Declaration, as the same may hereafter be
amended, modified, supplemented, or changed.
27

Attachment A
(Description of Additional Property)
Those tracts or parcels of land lying and being situate in Stump
Sound Township, Onslow County, North Carolina, being more
particularly described in those certain deeds recorded in
Book 2214, at Page 826 and Book 2217, at Page 767 in the office
of the Register of Deeds of Onslow County, North Carolina, the
descriptions as set forth in said deeds being incorporated herein by
reference.
SAVING AND EXCEPTING FROM THE ABOVE -DESCRIBED
PARCELS, portions of said parcels as are shown and designated
on the map of the Neighborhoods of Holly Ridge, Phase I recorded
in Map Book 49, at Page 38 in the office of the Register of Deeds
of Onslow County, North Carolina.

IN TESTIMONY WHEREOF, the parties have caused this instrument to be
executed in such form as to be binding, all by authority duly given, this the day and year first
above written.
NEIGHBORHOODS OF HOLLY RIDGE, LLC (SEAL)
a North C4mjjimite4,4ability company
(SEAL)
:'�- I
Manager
SOUTHERN HOMEBUILDERS, INC., a North Carolina
corporation (SEAL)
By: (SEAL)
N e: �4 I d�Tc*-�,
Title: oe y �.
28

SUNTRUST BANK, a Georgia banking corporation
By: r
N
Title: t ;ryF I/ Lz President
STATE OFFS c,-: rt�� ( G. f 6.1 pry, c.�
COUNTY OF N.z w
I, �� ; �l , , G �, �,,.. , a Notary Public in and
for said County and State, do hereb certify that Q-kk-,,,-I.e s J3 .,v$_, personally came
before me this day and acknowledged that he/she is sir c-� President of SUNTRUST BANK,
a Georgia banking corporation, and that he/she, as �' E- ,� President being authorized
to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the \rtw day of -2 ir, - k& f , 2006.
My Commission Expires:
Notary seal or stamp must appear within this box.
040680-00002-001
WLMAIN112610814
otary Public
30

P. �-, ��.__ COUNTY, NORTH CAROLINA
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: QC, C , Manager of NEIGHBORHOODS
OF HOLLY RIDGE, LLC
Date c>:
w.
.yJ.(Qcial Seal)
r
C-:h i�Q
Signature of Notary Public
Notary Public
Printed or typed name
My commission expires:
is COUNTY, NORTH CAROLINA
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: c.�=r:Lc`t 1 e1_. ca,.� ��.L -_tti t,;i; of SOUTHERN
HOMEBUILDERS, INC.
Date C IOU
C-i A CO- C) (3---)
Signature of Notary Public
SAy--�D ,, Y)U9,tQ ., , Notary Public
Printed or typed name
My commission expires: 05�,l at
FM

"A
�-�
�IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIINIII II I II III IIIII IIII! 1illl I IIII IIII IIII
Do
Recorded: 02/23 2006 atTi0e42C27
AM
Fee Amt: $110.030 Page 1 of 33
On low Count
Mildred Mjj ThomasCRegister of Deeds
BK2605
PG459-491
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
THE NEIGHBORHOODS OF HOLi,Y RIDGE
Date: February 15, 2006

TABLE OF CONTENTS
I.
Definitions...........................................................................................................................2
II.
Association - General Purposes, Membership and Voting.................................................4
III.
Management and Administration of Subdivision................................................................5
IV.
Intentionally Omitted..........................................................................................................6
V.
Assessments for Common Expenses...................................................................................6
VI.
Special Assessments............................................................................................................9
VII.
Lien for Assessments..........................................................................................................9
VIII.
Compliance With Association Documents................................................................:......10
IX.
Property Rights of Lot Owners, Cross -Easements, and Exceptions.................................11
X.
Architectural Committee and Architectural Restrictions..................................................12
XI.
Insurance...........................................................................................................................14
XII.
Restrictions on Use and Occupancy..................................................................................15
XIII.
Special Declarant Rights...................................................................................................19
XIV.
Development of the Subdivision.......................................................................................20
XV.
Waiver...............................................................................................................................21
XVI.
Variances...........................................................................................................................21
XVII.
Duration, Amendment and Termination...........................................................................22
XVIII.
Common Areas: Private...................................................................................................23
XIX.
Acceptance ........................................................................................................................28
XX
Hearing Procedure ............................................
25
XXI.
Captions.............................................................................................................................26
XXII.Notice
................................................................................................................................27
XXIII.
Liberal Construction..........................................................................................................27
XXIV.
Joinder...............................................................................................................................27

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
THE NEIGHBORHOODS OF HOLLY RIDGE
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF THE NEIGHBORHOODS OF HOLLY RIDGE ("Declaration"), a
subdivision located in Onslow County, North Carolina, made and entered into as of the 15th day
of February, 2006, by and among NEIGHBORHOODS OF HOLLY RIDGE, LLC, a North
Carolina limited liability company (hereinafter called "Declarant"); SUNTRUST BANK, a
Georgia banking corporation ("SunTrust"); SOUTHERN HOME BUILDERS, INC., a North
Carolina corporation ("Southern Builders"); and ALL PROSPECTIVE PURCHASERS OR
OWNERS of Lots as shown on all maps of "The Neighborhoods of Holly Ridge" recorded in the
Onslow County Register of Deeds Office;
WITNESSETH:
WHEREAS, Declarant and Southern Builders are the owners of all of the Lots
and Declarant is the Owner of. all Common Areas and streets shown on and designated on the
several maps of the Neighborhoods of Holly Ridge, Phase I, including, but not limited, to the
map recorded in Map Book 49 at Page 38 in the office of the Register of Deeds of Onslow
County, North Carolina (such map, together with future maps, herein collectively referred to as
"the Maps");_
WHEREAS, Declarant, desires to submit the Lots and Common Areas, together
with the improvements thereon, to the provisions of Chapter 47F of the General Statutes of North
Carolina (hereinafter sometimes referred to as the "North Carolina Planned Community Act" or
the, "Act"), and develop a residential community and intends by the recordation of this
Declaration to impose the covenants, conditions, restrictions and easements contained herein
(hereinafter sometimes called "Restrictions") on the property described herein as Lots and
Common Areas to the end that the Lots and Common Areas shall be held subject to the Act and
said Restrictions; .
WHEREAS, Southern Builders owns certain Lots within the Subdivision
(hereinafter defined) and desires to submit the Lots so owned, together with the improvements
thereon, to this Declaration and the Restrictions;
WHEREAS, SunTrust is the beneficiary under certain deeds of trust recorded in
the office of the Register of Deeds of Onslow County, North Carolina, as more particularly
described Article XXIV hereof (collectively, the "Deeds of Trust") and have joined into this
Declaration in order to. consent to this Declaration and to subordinate the Deeds of Trust and the
liens thereof to this Declaration;
WHEREAS, Declarant also owns in fee simple the real estate designated as
Additional Property in the description attached as Attachment A hereto, as the same may be

amended by Declarant from time to time, and may hereafter elect to subject all or any portion of
the Additional Property to the provisions of this Declaration pursuant to Article XIV hereof.
NOW, THEREFORE, Declarant does hereby declare that the Restrictions
contained herein shall run with the Lots and Common Areas described herein; shall be a burden
on and a benefit to such Lots and Common Areas; shall be binding on all parties having or
acquiring any right, title, or interest in the Lots or any part thereof; and shall inure to the benefit
of each Owner of any part thereof.
I.
Definitions
As used in this Declaration, the Articles, the Bylaws, and the Rules and
Regulations of the Association, exhibits attached and all amendments thereof, unless the context
requires otherwise, the following definitions shall prevail:
(1) "Additional Property" means the real property so designated on
Attachment A attached hereto which Declarant may submit to this Declarant and to the
jurisdiction of the Association pursuant to Article XIV hereof.
(2) "Articles" means the Articles of Incorporation of The Neighborhoods of
Holly Ridge Owners Association.
(3) . "Association" means The Neighborhoods of Holly Ridge Owners
Association, its successors and assigns.
(4) "Association Documents" means collectively, the Articles of Incorporation
of the Association, this Declaration, the Bylaws and the Rules and Regulations, all as may be
amended, modified or restated from time to time. Any exhibit, schedule or amendment to an
Association Document shall be considered a part of that document.
(5) "Builder" means any Person which purchases one or more Lots for the
purpose of constructing improvements for later sale to consumers or purchases one or more
parcels of land within the Additional Property for further subdivision, development and/or resale
in the ordinary course of such Person's business. Any such Person occupying or leasing a Lot for
residential purposes shall cease to be considered a Builder with respect to such Lot immediately
upon occupation of the Lot for residential purposes notwithstanding that such Person originally
purchased the Lot for the purpose of constructing improvements for later sale to. consumers.
.(6) "Bylaws" means the Bylaws of The Neighborhoods of Holly Ridge
Owners Association.
(7) "Common Areas" means all real property (including the improvements
thereon), interests in real property and personal property now owned or hereafter acquired by the
Association for the common use and enjoyment of all of the Owners. The Common Areas are
2

subject to those easements and restrictions set forth in this Declaration, including but not limited
to, Article I hereof.
(8) "Common Expenses" means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves.
(9) "Declarant" means Neighborhoods of Holly Ridge, LLC, its successors
and assigns. In the event another Person acquires title to three (3) or more Lots on which no
Dwelling has been constructed at the time of such acquisition, Neighborhoods of Holly Ridge,
LLC, by recorded instrument, may designate such party as an additional Declarant, and in such
event, such party shall be a Declarant as specified herein as to such Lots and as to such Lots shall
be entitled to the same rightsas Neighborhoods of Holly Ridge, LLC.
(10) "Declaration" means this Declaration of The Neighborhoods of Holly
Ridge and any amendments hereto. This Declaration sometimes is referred to herein as the
Restrictions.
(11) 'Development Period" means the period ending on the earliest of
(i) December 31, 2011 or (ii) the date specified by Declarant in a written notice to the
Association that the Development Period is to terminate on that date.
(12) 'Dwelling" means the primary residential structure located on a Lot built
in accordance with the requirements of this Declaration.
(13) 'Eligible Mortgage Holder" means the holder of a first deed of trust on a
Lot who has requested in writing that the Association notify them of any proposed amendment to
the Declaration, the Articles, or the Bylaws.
(14) 'Executive Board" means the Executive Board of The Neighborhoods of
Holly Ridge Owners Association, Inc.
(15) "Landscaping" means living plants, shrubs, vegetation, ground coverings
(including grass or sod), and appurtenant live/growing vegetative materials together with straw,
mulches and composting materials installed upon a Lot.
. (16) "Lot" means those separately numbered and designated parcels shown on
any of the Maps and on any other Maps of the Additional Property brought within the
Subdivision.
(17) "Owner" means the record Owner, whether one or more Persons, of a fee
or undivided fee interest in a Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
(18) "Permit shall mean the North Carolina State Stormwater Management
Permit Number SW8050213 and any amendments, additions or replacements thereof, or any
such permit obtained by Declarant and relating to the Additional. Property.
3

(19) "Person" means one or more natural persons, corporations, partnerships,
limited liability companies, trusts or other legally recognized entities capable of holding title to
real estate.
(20) "Stormwater Management Facilities" or "Stormwater Management
Facility" as those terms are used herein shall mean all areas consisting of ditches, swales,
stormwater retention ponds and any other improvement located in the Subdivision constructed
pursuant to the Permit.
(21) "Subdivision" means all of the property defined herein as Lots and
Common Areas, and includes all or any portion of the Additional Property submitted to this
Declaration by Declarant.
(22) Any capitalized word not defined herein, unless it is plainly evident from
the context of this Declaration that a different meaning is intended, shall, as used herein, have the
meaning as set forth in N.C.S. 47F-1-103.
Association - General Purposes Membership and Voting
(1) An association named The Neighborhoods of Holly Ridge Owners
Association has been or will be formed under the direction of Declarant pursuant to the rules and
requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North
Carolina as an association of the Owners of Lots. Its purposes are to own, manage, maintain,
and operate the Common Areas and facilities located upon the Common Areas, specifically
including, but not limited to, the Subdivision entrance signs, street lights, Stormwater
Management Facilities, drainage pipes and drainage outlets, streets (until accepted for
maintenance by a governmental entity) and other improvements and amenities in the Subdivision
owned by the Association; to maintain Landscaping installed on the Lots as provided herein; to
enforce. the Restrictions contained herein; and to make and enforce rules and regulations
governing the Owners' use and occupancy of Lots and Common Areas. In addition to the
foregoing, the Association has as its purposes the acceptance of the transfer of the Permit from
Declarant and to take all actions and pay all fees required to affect such transfer of the Permit,
and thereafter to oversee, inspect, manage and, when necessary, repair and replace all
Stormwater Management Facilities located within the Common Area or on individually owned
Lots.
(2) To fulfill the general purposes of the Association as set forth herein and in
the other Association Documents, together with those purposes set forth in the Act, the
Association shall have all the powers set forth in the Association Documents, the Act and the
North Carolina Nonprofit Corporation Act.
(3) Declarant, by this Declaration and the Owners of individual Lots by their
acceptance of individual deeds thereto, covenant and agree with respect to the Association:
(A) that each is a member of the Association; (B) that for so long as each is an Owner, each will
Cl

perform all acts necessary to remain in good and current standing as a member of the
Association; and (C) that each shall be subject to the rules and regulations of the Association
with regard to ownership of a Lot.
(4) Each membership in the Association shall relate to and have a unity of
interest with an individual Lot which may not be separated from ownership of said Lot.
(5) The Association shall have two (2) classes of members:
Class A - The Class A member(s) shall be all Owners with the exception of any
Owners who qualify as Class B members, and they shall be entitled to one vote for each Lot
owned; provided, however, when more than one Person holds an interest in any Lot, all such
Persons shall hold the membership with regard to such Lot in undivided interests. The vote of
such multiple Owners of a Lot shall be exercised as they, among themselves, shall determine, but
in no event shall any fractional vote be counted or more than one vote be cast with respect to any
Lot.
Class B - The Class B member(s) shall be Declarant. Class B members shall be
entitled to three (3) votes for each Lot owned. The Class B member shall have a veto power
under the circumstances and as more particularly set forth in the Articles over all actions of the
Executive Board; any committee as -nay have been appointed by the Executive Board or
established by the Bylaws or this Declaration and any other action as more particularly set forth
in the Association Documents. The Class B membership shall cease and be converted to Class A
membership upon the occurrence of either of the following events, whichever first occurs:
(i) December 31, 2011; or (ii) when the total votes outstanding in the Class A membership equal
or exceed the total votes outstanding in the Class B membership.
Management and Administration of Subdivision
The Association shall be fully responsible for the maintenance, management and
operation of the Common Areas, Subdivision entrance signs, street lights, Stormwater
Management Facilities, drainage pipes and drainage outlets, roads (until accepted for
maintenance by a governmental entity) and other improvements and amenities in the Subdivision
owned by the Association. Pursuant to and subject to the provisions contained herein but only to
the extent specifically provided herein, the Association shall be responsible for the maintenance
of Landscaping installed on the Lots as provided herein. The management shall be carried out in
accordance with the terms and conditions of the Association Documents, but may be delegated
or contracted to managers or management services. Provided, however, any contract entered into
by the Association prior to the termination of the Class B membership shall contain a provision
allowing the Association to terminate the contract without cause and without penalty or extra
charge, at any time after the termination of the Class B membership upon ninety (90) days
advance notice.
W9
R

L TTENTIONALLY OMITTED
V.
. Assessments for Common Expenses
(1) Assessments:
(a) Each Owner of any Lot by acceptance of a deed for same (whether
or not it shall be so expressed in such deed) is deemed to agree to pay to the Association
assessments as hereinafter provided. The assessments, together with interest, costs and
reasonable attorneys' fees, subject to the provisions of Section (7) of this Article, shall be a
continuing lien upon the Lot against which each such assessment is made. Furthermore, each
assessment, together with interest, costs, and Reasonable Attorneys' Fees, shall also be the
personal obligation of the Person who was the Owner of the Lot at the time when the assessment
fell due. The personal obligation for assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot. Assessments shall commence as to each
Lot upon the delivery of the. deed to the Person owning the Lot.
. (b) Subject to the limitations set forth herein upon the Declarant's
obligation to pay assessments, the Executive Board shall establish and set the assessment for
each Lot for each fiscal year and may provide that such assessments shall be payable
installments during the fiscal year, which installment shall be no less frequent than monthly. The
initial assessment for each Lot is Three Hundred and No/100 Dollars ($300.00) per year.
(c) During the Development Period, neither the Declarant nor any
Builder shall be obligated to pay any assessments as would otherwise be due and payable upon
each Lot owned by the Declarant or such Builder.
(d) For purposes of assessments to be determined, levied and paid
pursuant to this Article or otherwise in the Association Documents, and notwithstanding the
provision for recombination of Lots in Article XH(1), each Lot shown on the Maps recorded in
Onslow County Register of Deeds Office and each Lot shown on the Maps of the Additional
Property recorded by Declarant in the Onslow County Register of Deeds Office shall be
considered one Lot. The number of Lots in the Subdivision shown on the Maps originally
recorded by Declarant shall not be reduced for purposes of determining, levying and paying
assessments. The obligation. and liability for payment of assessments levied against each Lot and
the Owners thereof resulting from the recombination of previously existing Lots shall be as such
Owners may determine pursuant to the written agreement of such Owners delivered to the
Association as required in Article XII(1).
(2) Annual Budget:
(a) As provided in the Bylaws and subject to the restrictions and
limitations. provided herein, the Executive Board shall establish an Annual Budget in advance for
each fiscal year. Such budget shall project all Common Expenses for the forthcoming fiscal
6

year, including a reasonable allowance for contingencies and reserves. The budget shall take
into account the maintenance obligations as set forth above and any projected or anticipated
income. The Executive Board shall keep separate, in accordance with subparagraph (c) of this
Section 2, items relating to the daily operation, management and maintenance of the Association
and Common Areas from items relating to capital improvements. Upon adoption of such Annual
Budget by the Executive Board, copies of said budget shall be delivered to each Owner and the
assessment for said year shall be established, subject to the restrictions and limitations provided
herein, based upon such budget; however, the non -delivery of a copy of said budget to each
Owner shall not affect the liability of any Owner for such assessment. The Annual Budget shall
be ratified by the Owners as provided by the Bylaws. Should the Executive Board at any time
determine, in its sole discretion, that the assessments levied are, or may prove to be, insufficient
to pay the Common Expenses of the Association during such fiscal year, or in the event of
emergencies, the Executive Board shall have the authority to levy such additional assessment or
assessments it may deem to be necessary.
(b) The Executive Board, in establishing the Annual Budget, shall
designate therein a sum to be collected and maintained as a reserve fund (the Capital
Improvement Fund) for the periodic maintenance, repair and replacement of capital
improvements to the Common Areas and Landscaping on the Lots. The amount to be allocated
to the Capital Improvement Fund may be established by the Executive.Board so as to collect and
maintain a sum reasonably necessary to anticipate the need for repair, maintenance and
replacement of capital improvements to the Common Areas and to maintain, repair and replace
Landscaping on the Lots as provided herein. The Capital Improvement Fund shall be maintained
in a. separate account by the Association and such monies shall be used only for periodic
maintenance, repair and replacement of capital improvements to the Common Areas and to
maintain, repair and replace Landscaping on the Lots as provided herein. Any interest earned on
monies in the Capital Improvement Fund shall not be expended for daily operation, management
and maintenance of the Association and Common Areas.
(c) All monies collected by the Association shall be treated as the
separate property of the Association and such monies may be applied by the Association to the
payment of any expense of operating and managing the Association, or the proper undertaking of
all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws,
except that monies placed in the Capital Improvement Fund shall be used only for the specified
purposes of said account. As monies for assessments are paid into the Association by any
Owner, the same may be commingled with monies paid to the Association by the other Owners
for the same purposes. Although all funds, including other assets of the Association, and any
increments thereto or profits derived therefrom or from the leasing or use of Common Areas,
shall be held for the benefit of the members of the Association, no member of the Association
shall have the right to assign, hypothecate, pledge or in any manner. transfer his membership
interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall cease to be
a member of the Association by reason of his divestment of ownership of such Lot, by whatever
means, the Association shall not be required to account to such Owner for any share of the funds
or assets of the Association, including any monies which such Owner may have paid to the
Association, as all monies which any Owner has paid to the Association shall be and constitute
an asset of the Association which may be used in the operation and management of the
Association.
7

(3) Except as herein provided, assessments for Lots shall be fixed at a uniform
rate.
(4) The payment of any assessment or installment thereof shall be in default if
such assessment or installment is not paid to the Association within thirty (30) days of the due
date for such payment. When in default, the delinquent assessment shall bear interest at such
rate as may be determined by the Executive Board, from time to time, until paid in full. The
Executive Board may establish procedures to collect delinquent assessments, together with
penalties, interest and other charges as permitted by the Act; and, in accordance with such
procedures, may declare the payment of any future installments of the assessment to be
accelerated and the entire assessment due and payable immediately.
(5) The assessments levied by the Association shall be used exclusively to pay
Common Expenses and to promote the recreation, health, safety and welfare of the Owners and
the improvement and maintenance of the Common Areas and Lots as provided herein.
(6) The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of the Association as to the status
of assessments on a Lot is binding upon the Association as of the date of its issuance.
(7) The lien of the assessments provided for herein shall be subordinate to the
lien of any first lien deed of trust. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to foreclosure of a first lien deed of trust or any
proceeding in lieu thereof, shall extinguish the lien (but not the personal obligation of the Person
who was the Owner of the Lot at the time when the assessment fell due) of such assessments as
to payments which became due prior to such sale or transfer. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
. (8) In order to establish a working capital fund, upon the conveyance of a Lot
to any Owner other than any Declarant identified in Article I(8) in this Declaration or otherwise
specified by recorded instrument as provided in Article I(8), each such Owner shall contribute at
closing an amount.equal. to.one-sixth (1/6) of the assessment levied for the current year against
such Lot, said sum to be paid to the Association. Said sum is not an advance payment of regular
assessments, but shall be utilized to establish the working capital fund.
8

VI.
Special Assessments
(1) Special assessments may be levied against Lots for such reasons as are
provided in the Association Documents, and on such terms as provided by the Executive Board.
Furthermore, special assessments may be assessed against a specific Lot to pay for the cost of
curing a violation of the Association Documents and as may otherwise be provided for in the
Act. No special assessments shall be levied upon any Lot owned by Declarant unless Declarant
consents. Special assessments, together with interest, costs and reasonable attorneys' fees, shall
be a continuing lien upon the Lot against which each such special assessment is made.
Furthermore, each such special assessment, together with interest, court costs, and reasonable
attorneys' fees, shall be the personal obligation of the Person who was the Owner of the Lot at
the time when the assessment fell due. The personal obligation for delinquent special
assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but,
subject to the provisions of this Declaration, delinquent special assessments shall continue to be
a lien upon such Lot. It is provided, however, that no special assessments shall be levied upon a
Lot until a Dwelling on such Lot either has been constructed and occupied or constructed and
sold unless Declarant consents to such special assessments.
(2) The Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the special assessments
on a specified Lot have been paid. A properly executed certificate of the Association as to the
status of special assessments on a Lot is binding upon the Association as of the date of its
issuance.
VII.
Lien for Assessments
(1) Lien. The total annual assessment of each Owner for Common Expenses,
any additional assessment, any special assessment or any other sum duly levied (including
without limitation fines, charges, interest, late charges, etc.), pursuant to the Association
Documents, is hereby declared to be a lien levied against any Lot owned by any Owner. Until
fully paid and satisfied, the lien shall apply to and encumber all of the Lots that were owned, as
of the date when payment was due, by the Owner from whom payment was due, and shall also
apply to and encumber any and all Lots thereafter acquired by that Owner from the time such
Owner becomes the Owner thereof. The lien shall become effective as provided in the Act. The
lien shall be prior to all liens and encumbrances hereafter recorded except a first mortgage or
first deed of trust held by a Mortgagee, real estate taxes and other charges levied by
governmental authority and made superior by law. The personal obligation of the Owner to pay
such assessment shall, in addition, remain such Owner's personal obligation and a suit to recover
a money judgment for non payment of any assessment or installation thereof, levied pursuant
hereto, may be maintained without foreclosing or waiving the lien herein created to secure the
same.
9

(2) Acceleration. In any case where -an assessment against the Owner is
payable in installments, upon a default by such Owner in the timely payment of any two (2)
consecutive installments, the maturity of the remaining total of the unpaid installments of such
assessment may be accelerated, at the option of the Executive Board, and the entire balance of
the assessment may be declared due and payable in full by the service or notice to such effect
upon the defaulting Owner.
(3) Enforcement. The lien for assessments may be enforced and foreclosed in
any manner permitted by the laws of North Carolina for foreclosure of mortgages or deeds of
trust containing a power of sale or by an action in the name of the Executive Board, or the
managing agent, acting on behalf of the Association. During the pendency of any such action to
enforce the Association lien, the Owner shall be required to pay a reasonable rental for the Lot
for any period prior to sale pursuant to any judgment or order of any court having jurisdiction
over such sale. The plaintiff in. such proceeding shall have the right to the appointment of a
receiver, if available. under the laws of North Carolina. The Association shall have the power to
bid on the Lot at foreclosure or other legal sales and to acquire, hold, lease, mortgage, convey or
otherwise deal with such Lot.
(4) Remedies Cumulative. A suit to recover a money judgment for unpaid
assessments may be maintained without foreclosing or waiving the lien securing the same, and a
foreclosure Tray be maintained notwithstanding the pendency of any suit to recover a money
judgment.
(5) Subordination and Mortgage Protection. Notwithstanding any other
provision hereof to the contrary, the lien of any assessment levied pursuant to the Association
Documents upon any Lot (and any charges, interest on assessments, late charges or the like) shall
be subordinate to, and shall in no way affect the rights of the holder of a Mortgage made in good
faith for value received; provided, however, that such subordination shall apply only to
assessments which have become due and payable prior to a sale or transfer of such Lot pursuant
to foreclosure or any proceedings in lieu of foreclosure. Such. sale or transfer shall not relieve
the Mortgagee or the purchaser of the Lot at such sale from liability for any assessments
thereafter becoming due, nor from the lien of any such subsequent assessment, which lien shall
have the. same effect and be enforced in the same manner as provided herein.
VIlI.
Compliance With Association Documents
In the case of failure of an Owner to comply with the terms and provisions
contained in Association Documents, the following relief shall be available:
(1) The Association or an aggrieved Owner on his behalf shall have the right
to bring an action and recover sums due, damages, injunctive relief, and/or such other and further
relief as may be just and appropriate.
(2) The Association, in addition to any other rights set forth in the Association
Documents, is authorized and shall have the right to: (a) enter any portion of the Subdivision or a
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Lot on which, or as to which, a violation or breach exists and summarily to abate and remove, at
the expense of the defaulting Owner, any structure, thing or condition that may exist thereon
contrary to the intent and meaning of the provisions of the Association Documents, and the
Executive Board, its agents or employees, shall not thereby be deemed guilty in any manner of
trespass; and (b) to use self-help to remove or cure any violation of the Association Documents
within the Subdivision. Such actions undertaken by the Association shall be upon compliance
with the Notice and Hearing procedures contained in this Declaration. However,
notwithstanding any other provisions in the Declaration to the contrary, the Association, acting
through its Executive Board may enforce any provision and regulations of the Association
Documents by self-help specifically including, but not limited to, violations and defaults which
create a health hazard, a dangerous or emergency situation, the towing of vehicles that are in
violation of parking rules and regulations and removing of signs, mail boxes and other items of
similar size which are in violation of the Association Documents. Additionally, the Board may
elect to enforce any provision of the Association Documents without complying with the Notice
and Hearing procedures through a civil action at law or in equity to enjoin any violation or to
recover monetary damages or both. In any such civil action or lawsuit, to the maximum extent
permissible, the Owner or occupant responsible for the violation. for which abatement is sought
shall pay all costs incurred by the Association, including Reasonable Attorneys' Fees actually
incurred, if the court finds for the Association.
(3) The Executive Board shall not impose a fine or penalty, undertake
permitted remedial action, suspend voting or infringe upon other rights of an Owner or other
occupant of a Lot for violations of the Declaration, the Bylaws or the Association's rules and
regulations without. compliance with the Notice and Hearing procedures contained in this
Declaration.
(4) The remedies provided by this Article are cumulative. and are in addition
to any other remedies provided in the Association Documents, by law and the Act.
. (5) The failure of the Association or any Person to enforce any provision of
the Association Documents shall not be deemed a waiver of the right to enforce such provisions
thereafter as to the same violation or subsequent violation of similar character.
II"
Property Rights of Lot Owners.
Cross -Easements, and Exceptions
(1) Every Owner of a Lot as an appurtenance to such Lot shall have a
non-exclusive perpetual easement over and upon the Common Areas for each and every purpose
or use for which such Common Areas were intended as determined by their type or for which
such Common Areas generally are used, subject to the limitations and provisions contained
herein. Such easements and rights shall be appurtenant to and shall pass with the title to every
Lot, whether or not specifically included in a deed thereto, subject to the restrictions and
limitations contained herein, including but not limited to, the following provisions:
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(a) The Association shall have the right to make reasonable rules and
regulations respecting the use of same, and exercise any powers granted by the Act and the North
Carolina Nonprofit Corporation Act.
(b) The Association shall have the right, upon compliance with the
Notice and Hearing Procedures contained in this Declaration, to suspend the rights of an Owner
to utilize the Common Areas and the improvements thereon during any period in which any
assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty
(60) days for any other violation of the Association Documents.
(2) Any Owner may delegate, in accordance with the Bylaws, his right of
enjoyment to the Common Areas and facilities to the members of his family, his tenants, and
guests.
(3) Easements for the installation and maintenance of utilities and drainage
facilities as shown on the Maps are hereby reserved and retained by Declarant, together with the
right to grant similar easement rights to other Persons.. No structure, fence, planting,
Landscaping or other material which. may interfere with the installation and maintenance of
utilities, which may change the direction of flow of drainage channels in the easements, or which
may obstruct or retard the flow of water through drainage channels in the easements may be
placed in the easement areas without prior approval by the Committee. Structures, fences,
Landscaping and other materials which have been approved by the Committee may be placed in
the easement areas. The Committee may deny placement of structures, fences, Landscaping or
other materials in the easement areas if it determines they would adversely affect the drainage or
utilities of the Subdivision.
(4) Each Owner, as an appurtenance to his Lot, shall have and is hereby
conveyed a perpetual, non-exclusive right of way and easement for the purposes of ingress,
egress and regress to and from his Lot over, through and across the streets and roads shown on
the Mans.
(5) An easement is granted to the Association, its employees and designees, to
make any reasonable entry onto any Lot without notice to the Owner thereof in the event of any
emergency.
X.
Architectural Committee and Architectural Restrictions
(1) There hereby is constituted The Neighborhoods of Holly Ridge
Architectural Committee ("Committee") to be appointed, and replaced, and to possess the
qualifications and powers as specified herein. The Committee shall consist of one (1) individual
to be appointed by Declarant until Declarant releases its right, in writing, to make such
appointment who shall serve until he resigns or is replaced by Declarant, which Declarant
reserves the right to do. Declarant shall have the sole right to replace said member unless
Declarant has released that right to appoint the member of the Committee. The right of
Declarant to appoint, remove and replace the Committee shall expire upon termination of the
Development Period without any further action or consent of Declarant, at which time the
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Executive Board shall thereafter have the right to appoint, remove and replace members of the
Committee. Thereafter, the Committee shall be subject to such procedures and regulations as
may be approved, amended, restated or modified from time to time at the direction of the
Executive Board.
(2) Before any Lot clearing, grading, or removal of trees, or before any
structure, fence, building, wall, walkway, mailbox, paper box, sign, trash can holder, or any
improvement, replacement or addition to any of same shall be commenced, erected, or
maintained upon any Lot, or upon any Common Areas and before any alteration (including
painting) of the exterior portion of any structure located upon the Lots or the Common Areas and
before any alteration of the surface of any Lot or.area appurtenant to any Lot including, but not
limited to installation of Landscaping, in the Subdivision shall be commenced (extent as shall be
undertaken by the Declarant or the Association itself), the Person desiring to make such changes
or erections shall submit and have approved by the Committee plans and specifications detailing
the changes and erections, which plans and specifications shall include Landscaping. The plans
and specifications must show the structure, kind, shape, height, color, material and location of
the changes or erections. Applications to the Committee shall include two (2) complete sets of
the final plans and specifications for any and all proposed improvements and other information
requested by the Committee on its application forms and shall be (a) hand delivered to the
current president of the Association, or (b) mailed certified or registered with return receipt
requested to the registered office of the Association and marked to the attention of the
Committee.
(3) The Committee shall make its decision approving or disapproving the
plans by taking into consideration the nature of the Subdivision, the aesthetics of the proposed
changes or alterations, the harmony of the proposed change or erection with the architectural
style of neighboring buildings (including the Dwelling on a Lot in the case of approval sought
for permitted outbuilding appurtenant to the Dwelling), durability of construction, relative costs,
and protection of the investment of the Owners of other Lots in the Subdivision. Submission of
incomplete or inaccurate plans and specifications shall result in disapproval. One set of plans
and specifications with the approval or disapproval of the Committee shall be returned to the
party submitting them and the other copy shall be retained by the Committee for its permanent
files.
(4) A majority vote of the Committee shall be required to take any action. If
the Committee fails either to approve or disapprove any plans so submitted within thirty
(30) days of receipt by the chair of the Committee, the plans will be deemed approved. The
Committee does not have to hold formal meetings. Any action or decision of the Committee
may be appealed to the Executive Board by the Person submitting such request to the Committee
or any other party deemed by the Executive Board to have standing as an aggrieved party. The
Executive Board may modify or reverse any such action or decision of the Committee or may
grant reasonable variances of the requirements of this Article as generally permitted in
Article XVI. Any appeal to the Executive Board shall be in writing and delivered to the
President of the Executive Board in the manner provided for delivery of notices set forth in
Article XXIII within ten (10) days following the decision by the Committee.
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(5) Neither the Executive Board, the Committee nor any agent of Declarant
shall be responsible in any way for any defects in any plans or specifications submitted, revised
or approved in accordance with the foregoing provisions or any structural or other defect in any
work done according to such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or encumbrance
on any Lot on which construction is complete, and any subsequent purchaser thereof is in no way
affected by the failure of his predecessors in title to comply with the terms hereof.
(7) Subject to approval of the Executive Board, the Committee may establish
(a) such procedures and requirements for submittal and review of plans and specifications as it
deems appropriate from time to time the review of plans and inspections which are not
inconsistent with Sections (2), (3) and (4) above, (b) times during which construction may take
place upon Lots or within Dwellings and (c) fees and costs associated with the review of plans
and the conduct of inspections.
XI.
Insurance
(1) The :Association shall purchase and maintain, to the extent reasonably
available, hazard insurance against loss or damage by fire and similar perils for all improvements
and fixtures owned by the Association located on Common Areas, including personal property of
the Association. The insurance, if reasonably available, shall cover at least ninety percent (90%)
of the current replacement costs of the improvements and fixtures, after application of any
deductibles, as determined by the Association with the assistance of the insurance company
providing coverage or consultant selected by the Executive Board. Coverage may exclude land,
foundations, excavations, or other items that are usually excluded from insurance coverage. The
insurance policy shall require that the insurer notify the Association in writing at least sixty
(60) days prior to any substantial change in coverage or cancellation. The insurance policy shall
also contain clauses providing for waiver of subrogation.
(2) If the property of the Association is located within a special flood hazard
area, the Association may purchase and maintain flood insurance in amounts it deems necessary.
Any such policy shall require the insurer to notify the Association in writing at least sixty
(60) days prior to cancellation or any substantial change in the coverage.
(3) The Association shall purchase and maintain at all times a comprehensive
general liability insurance policy covering. all Common Areas and any other areas that are under
its supervision. The liability insurance shall insure against liability to the public or to Owners,
their tenants, guests or invitees, relating in any way to the ownership, operation, maintenance
and/or use of the Common Areas, and any part thereof, and any other areas under the
Association's supervision. Such insurance policy shall, if reasonably available, contain a
"severability'of interest endorsement" or equivalent coverage which precludes the insurer from
denying the claim of an Owner because of the negligent acts of the Association- or other Owners.
Limits of liability shall be least One Million Dollars ($1,000,000) covering all claims for
bodily injury and/or property damage arising out of a single occurrence. Coverage under this
14

policy shall include., if available and economically feasible, legal liability arising out of losses
related to employment contracts of the Association. The policy shall require the insurer to notify
the Association in writing at least 10 days before the insurer cancels or substantially changes the
coverage. The general liability insurance to be purchased pursuant to this subsection shall
include Directors and Officers Liability Insurance in an amount not less than One Million
Dollars ($1,000,000.00), or, if such coverage cannot be obtained within said policy, a separate
policy providing such coverage and in such amount shall be purchased by the Association.
(4) Fidelity bonds or insurance coverage against dishonest acts on the part of
such persons (including by way of illustration and not limitation, Association members, officers,
directors, managers, agents, employees and volunteers) handling or responsible for funds
belonging to or administered by the Association may be maintained by the Association if deemed
necessary. In the event the Association has delegated some or all of the responsibility for
handling of funds to a management agent, such bonds or insurance coverage may include
officers, employees and agents of such management agent. Any such fidelity bond or insurance
shall name the Association as the named insured. Any such policy shall contain a provision
providing that it may not be cancelled or substantially modified (including cancellation for
nonpayment of premium) without at least ten (10) days prior written notice to the Association
and all Eligible Mortgage Holders.
(5) If the insurance described in Section (1) and above is not reasonably
available, the Association promptly shall cause notice of that fact to be hand -delivered or sent
prepaid by United States Mail to all Lot Owners.
(6) Each Owner shall be responsible for obtaining and shall pay the cost of
any hazard insurance against fire and similar perils including flood on such Owner's Dwelling,
personal property, fixtures and appliances. Each Owner's hazard insurance policy shall name the
Association as a loss payee. Each Owner shall be responsible for purchasing and maintaining
liability insurance covering his Lot and Dwelling.
(7) The deductible, if any, of any insurance policy purchased by the Executive
Board shall be a Common Expense; provided, however, that the Association may, pursuant to
Article VI hereof, assess as a special assessment any deductible amount necessitated and arising
from the act, misuse or neglect of an Owner or such Owner's tenant, household, guests,
employees, agents and invitees.
Restrictions on Use and Occupancy
(1) The division or any recombination of Lots shown on plats of the
Subdivision recorded by the Declarant in the Onslow County Register of Deeds is permitted
provided that the Person(s) requesting a division or recombination shall make a written request
therefor to the Executive Board, as hereinafter provided, and Executive Board determines that
the following requirements are met and conditions fully satisfied:
15

(a) The Person(s) submitting the application shall be Owners of the
Lots to be divided or recombined.
(b) The proposed division or recombination of Lots shall not increase
the number of Lots (i.e., Lots or portions of Lots are combined with other Lots or portions of
other Lots to form a new Lot).
(c) A surveyor registered to conduct land surveys in the State of
North Carolina shall have prepared a map or plat meeting all requirements for the recording
thereof in the Onslow County Register of Deeds depicting the division or recombination of Lots.
(d) The Executive Board shall have received fully executed copies of
the deed(s) or other instrument(s) of conveyance effecting the division or recombination of the
Lots.
(e) The Owners shall have submitted to the Executive Board an
executed copy of the agreement between such Owners of the divided or recombined Lots, in
form so as to be recordable in the Onslow County Register of Deeds, establishing the liability as
between said Owners for the purpose of establishing the obligation and liability for payment of
assessments levied against the Owners resulting from the recombination or division of the
previously existing Lot(s).
Applications to the Executive Board shall include two (2) complete sets of the documents set
forth above and shall be (a) hand delivered to the current President of the Association or
(b) mailed certified or registered with return receipt requested to the registered office of the
Association and marked to the attention of the President of the Executive Board.
Any Lot which is created by the combination of one or more Lots or portions thereof shall be
considered only one Lot under these Restrictions notwithstanding the fact that it may contain
more than one Lot, except for purposes relating to assessments as set forth in Article V(1)(d).
Any drainage or utility easement which runs along the side lot lines of a Lot automatically shall
be relocated to the new side lot lines of any new or resultant Lot. If the drainage or utility
easement is already in use, the Owner combining the Lots shall pay for the relocation of such
drainage or utility easements and the lines and pipes using such and any replacement and
re -location. of Landscaping.
(2) All Lots shall be used for single family residential purposes only and no
dwelling shall be erected on any Lot other than one detached single family dwelling not to
exceed two and one-half stories in height, and a one, two, or three car garage. No permitted
garage shall be utilized for living quarters. No trailer, tent, mobile home, or other structure of a
temporary character shall be placed on any Lot. All buildings shall be of wood, stone, brick,
brick veneer, stucco, masonite, or vinyl siding. Any other materials must be approved by
Declarant or the Committee.
.(3) No building shall be erected nearer to the front lot line, or side lot line, or
rear lot line than the setback lines shown on the Maps.
16

(4) No dwelling erected on any Lot shown on the Maps shall have less than
1,000 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used herein
shall be the total finished/heated area within the dwelling; provided, however, that such term
does not include garages, terraces, decks, porches and other unheated areas.
(5) No Lot shall be re -subdivided in such a manner as to create a
re -subdivided Lot or a portion of a Lot having less than 6,000 square feet. Nothing herein shall
prevent a redivision which shall increase the square footage of a Lot used for the erection of a
detached single family dwelling as hereinbefore defined.
(6). No commercial trade or activity, or any noxious trade or activity
whatsoever, shall be carried on upon any Lot, nor shall anything be done thereon which may be,
or may become, an annoyance or nuisance to other Lot Owners. Unsightly, inoperative junk cars
and like eyesores cannot be maintained on any Lot either prior to or after a dwelling has been
erected on said Lot or on any Street located in the Subdivision and any such automobiles may be
removed by the Declarant or the Corporation at the Lot Owner's expense.
(7) There shall not be placed or used on any Lot any of the following
structures: trailer, mobile home (including a multiple -wide mobile home), tent, shack, garage
apartment, barn, any other out building or any such structure of a permanent or temporary
character.
(8) All buildings, structures and their appurtenances located on a Lot shall be
maintained in a suitable state of repair.
(9) If any Dwelling or other improvements located on a Lot are destroyed by
fire or other casualty, all rubbish and debris shall be removed with promptness after such fire or
other casualty. In no event shall_ debris or rubbish remain on a Lot longer than two (2) months
after such fire or other casualty. Provided, however, no such removal or demolition shall be
required if prohibited by court order or if a legal or insurance investigation concerning such fire
or casualty is ongoing.
.(10) No animals, other than domesticated dogs, cats or other household pets,
may be kept or housed on any Lot. No dogs, cats or other household pets may be kept, bred or
maintained for any commercial purposes, nor may more than two (2) such pets may be kept or
housed on any lot. Any housing or shelter constructed for said domesticated dogs or cats shall be
screened with. fencing (or otherwise) that shall be approved by Declarant or the Committee.
Animals, when not housed, shall be on a leash at all times.
(11) No Lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage, or other waste, and such materials may not be kept on any Lot, except in sanitary
containers. All incinerators or other equipment for the storage or disposal of such materials shall
be kept in a clean and sanitary condition. Upon completion of construction of a Dwelling, and as
a part of the construction, the Owner of said Lot thereof shall generally landscape the Lot so as
to be in keeping with the yards of the Owner's neighbors. The front yard areas of all Lots shall
be generally smoothed and sodded at all street fronts and all Stormwater Management Facilities
located on a Lot shall be maintained by the Owner of such Lot in compliance with North
17

Carolina State Stormwater Management Permit Number SW8050213 and any amendments,
additions or replacements thereof, or any such permit obtained by Declarant and relating to
property annexed into the Subdivision by Declarant as provided herein. There shall be no mass
clearing or stripping of trees from any Lot without the prior written consent of the Declarant or
the Committee. The lawn and grass on each Lot shall be kept mowed to a length no greater than
four(4)inches.
(12) No fence shall be erected on any Lot nearer the front property or lot line
than the rear corners of the dwelling erected on said Lot, and all fences erected on any Lot shall
not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition.
No fence or structure of any kind shall be placed within utility and drainage easements shown on
the Maps or upon any Stormwater Management Facility except as permitted by the Permit. The
drainage between Lots shall not be disrupted by fill, shrubs, beds, debris, or any other means.
(13) No boat, motor boat, camper, trailer, school bus, motor home, mobile
home, truck rated over one (1) ton, or other vehicle similar to any of the same shall be permitted
to remain on any Lot; or in any parking space on or adjacent to any Lot, unless prior written
consent for the same is obtained from the Declarant or the Committee, or unless the same is
properly stored in an area enclosed by a fence no shorter than six (6) feet such that no part of
such vehicle is visible to anyone from the Streets located in the Subdivision.
(14) Any and all erosion from a Lot occurring as the result of any construction
on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the
occupancy of said dwelling by the Owner of the Lot or as required by any applicable law,
regulation, rule or ordinance.
(15) The maximum allowable "built -upon area" on any Lot in the Subdivision
is 3,800 square feet. 'Built -Upon Area" includes any area constructed within the Lot property
boundaries and that portion of the right-of-way between the front lot line and the edge of the
pavement. 'Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the Subdivision except for average driveway crossings, is strictly prohibited
by any persons. A thirty (30) foot wide vegetated buffer between all impervious areas and
surface waters shall be maintained on each Lot. All roof drains shall terminate at least thirty (30)
feet from the mean highwater mark of any surface waters. The covenants set forth in this
Paragraph (15) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8050213'as issued by the Division of Water Quality under NCAC 2H.1000 and
any amendmentadditions, or replacements thereof, or any such permit obtained by Declarant
and relating to property annexed into the Subdivision by Declarant as provided herein (the
"Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this
Paragraph (15) to. the extent necessary to maintain compliance with the Permit. The covenants
set forth in this Paragraph (15) pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved stormwater plan for the Subdivision may not take
place without the concurrence of the State.
18

(16) In the event the Owner of a Lot shall damage or through negligent failure
to act allow damage to occur to any drainage or utility easement or Stormwater Management
Facilities located in the Subdivision, the Owner of said Lot shall be responsible and liable for the
repair or replacement of said drainage or utility easement or the Stormwater Management
Facilities as provided in these Restrictions. From and after the time the Permit is transferred to
the Corporation, Declarant shall have no responsibility for maintaining any drainage easements
or Stormwater Management Facilities in the Subdivision except drainage easements or
Stormwater Management Facilities located on Lots owned by Declarant. Within the drainage
and utility easements set forth in these Restrictions or shown on the Maps, no structure, fencing,
planting or other material shall be placed or permitted to remain which may damage or interfere
with the installation or maintenance of utilities or which may change the direction or flow of
drainage channels in the easements or violate the provisions of the Permit.
(17) It shall be the obligation of the Owner of any Lot in the Subdivision to
provide, install and maintain an adequate culvert or drain pipe beneath any driveway located on
said Lot as said driveway crosses the ditch or swale line at the front of the Lot in order that the
natural flow of drainage will not be at any time blocked along the street. The culvert or drainage
pipe must be of sufficient size to accommodate the flow of surface water in the ditch line. In no
instance shall said drainage pipe be less than 15 inches in diameter. This pipe shall be installed
prior to the construction of any dwelling on a Lot. The foregoing provisions of this Paragraph 16
notwithstanding, all sucb culverts or drain pipes shall_ comply with the Permit.
(18) Motor vehicles without current and valid licenses and inspections shall not
be permitted to remain on any Lot or any Streets within the Subdivision. Motor vehicles utilized
for commercial purposes shall not be permitted upon any Lot or upon the Streets within the
Subdivision except during the construction of residential dwellings upon the Lots and for the
delivery of goods and services to the residential dwellings located upon the Lots.
(.19) No signs of any type or description shall be placed on or displayed on a
Lot or the improvements thereon except signs advertising the property as being for sale, which
signs shall not exceed six (6) square feet in size.
XIII.
Special Declarant Rights
In addition to rights elsewhere reserved by Declarant in this Declaration, the Articles and the
Bylaws, Declarant hereby reserves those Special Declarant Rights as defined in the Act together
with the following:
(1) Declarant reserves the right to subject the Lots to a contract with any
public utility or municipality for electricity and lighting to the Lots, including the installation of
underground electric cables, which contract may require an initial payment and/or continuing
monthly payments to such public utility or municipality by the Owner of each Lot. Such
expense, including both initial and continuing monthly payments, shall be an individual cost to
be borne by each individual Lot Owner and is not a Common Expense paid through assessments.
ILU

(2) Declarant hereby retains and reserves for itself, together with the right to
grant similar easements to other Persons, perpetual non-exclusive easements over, upon and
under the streets, roads, utility lines, and drainage and utility easements existing in the
Subdivision and/or shown on the Maps. Such easements are non-exclusive and are for any
purposes as Declarant, in its discretion, determines and include for the purposes of providing
utilities and access to the Additional Property and property in the Subdivision area. Said
easements shall run to the benefit of all parties and property to whom Declarant grants similar
easements. Reference to access easements throughout this Declaration shall be interpreted to
include perpetual non exclusive general access and utility easements for ingress, egress, regress,
access and the maintenance and installation of utilities.
. (3) Declarant retains and reserves a perpetual easement over and under the
streets in the Subdivision for the purpose of installing, maintaining, and repairing power lines,
light poles, light fixtures and other apparatus necessary for a street light system for the
Subdivision.
(4) Declarant retains and reserves for itself, together with the right to grant a
similar easement to any other Person, a perpetual easement over and under the streets in the
Subdivision for the purpose of installing, maintaining, and repairing water and sewer lines to
service property in the Subdivision area.
(5) During the Development Period, Declarant may install and maintain signs
used to market Lots within the Property including, but not limited to, for sale signs of any size
and signs noting and identifying model Dwellings.
Declaration.
(6) The right to appoint the Committee as set forth in Article X(1) of this
(7) The right to exercise veto power as set forth in the Articles.
Declarant may transfer all or any portion of the Special Declarant Rights created or reserved
hereunder to any Person pursuant to the provisions of the Act.
XIV.
Development of the Subdivision
(1) Declarant hereby reserves an option to expand the Subdivision from time
to time without the consent of any Owner or Eligible Mortgagee by submitting all or any portion
of the Additional Property to the provision of this Declaration and the jurisdiction of the
Association.. The option to incorporate Additional Property into the Subdivision shall continue
to the end of the Development Period and may be terminated only upon the recordation by
Declarant of an instrument relinquishing such option. When submitting any portion of the
Additional Property to the provisions of this Declaration and the jurisdiction of the Association,
Declarant reserves the right unilaterally to record additional amendments to the Declaration
subjecting any Lot on such portion of the Additional Property to such additional covenants,
restrictions and conditions as maybe necessary, in the discretion of Declarant, to reflect the
20

different characteristics of the development of such portions of the Additional Property as are not
inconsistent with the overall scheme of the Declaration; provided, however, that Declarant shall
not have such right over a specific Lot after the conveyance of such Lot to an Owner other than
Declarant.
(2) Declarant may unilaterally amend the description of the Additional
Property set forth in Attachment A and the Maps of the Additional Property.
(3) Declarant shall record in the office of the register of deeds of Onslow
County one or more amendments to the Declaration submitting such portion of the Additional
Property described therein to this Declaration and to the jurisdiction of the Association. Each
amendment shall include a legally sufficient description of the real estate added and each the
Maps shall designate such real estate with the term "Section" followed by a unique identifier so
as to differentiate between each Section of the Subdivision. Any such amendment may contain
such additions, modification or other changes to the provisions in this Declaration as may be
necessary, in the discretion of Declarant, to reflect the different character of the Additional
Property added thereby and as are not inconsistent with the overall scheme of this Declaration;
provided, however, that such additions shall not apply to any real estate previously submitted to
this Declaration. When recording an amendment adding all or portions of the Additional
Property to the Subdivision, appropriate Maps shall be recorded showing such Additional
Property tieing submitted, describing any real estate being conveyed to the Association as
Common Areas and showing any new Lots.
XV.
Waiver
No provision contained in Association Documents shall be deemed to have been
waived, abandoned, or abrogated by reason of failure to enforce them on the part of any Person
as to the same or similar future violations, no matter how often the failure to enforce is repeated.
XVI.
Variances
The Executive Board in its discretion may allow reasonable variances and
adjustments in the restrictions contained herein in order to alleviate practical difficulties and
hardship in their enforcement and operation. Any such variances shall not violate the spirit or
the intent of this document to create a Subdivision of Lots owned in fee by various Person-, with
each such Owner having an easement upon areas owned by the Association. No variance or
adjustment will be permitted if such would be materially detrimental or injurious to the welfare
of the other property and improvements in the Subdivision as determined by the Executive
Board.
21

XVII.
Duration, Amendment and Termination
(1) The Restrictions contained in this Declaration shall run with and bind the
Lots and Common Areas until July 1, 2026, after which time they shall automatically be
extended for successive periods of ten (10) years.
(2) The Association may amend this Declaration in full or part by an
affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven
percent (67%) of the votes in the Association are allocated.
(3) Written notice of any proposed amendment shall be sent to every member
and Owner at least thirty.(30) days before any action is taken.
(4) Notwithstanding anything to the contrary contained herein:
(a) No amendment to this Declaration shall be made during the
Development Period without the prior written consent of the Declarant.
(b) No amendment to this Declaration shall (i) increase the financial
obligations of an Owner in a discriminatory manner or further restrict development
permitted on a Lot; (ii) alter any obligation to pay ad valorem taxes on the Common
.Areas; (iii) alter any obligation to pay assessments for street lighting as herein provided
or affect any lien for the payment of same; (iv) modify any provision contained herein
which specifically requires the consent of another party to modify such provision unless
the required consent of such other party has been obtained; or (v) modify the rights or add
to the obligations of the Declarant unless the Declarant executes the instrument including,
but not limited to, the veto rights of the Declarant as set forth in the Articles.
(c) No amendment to this Declaration shall diminish or impair the
rights of the Declarant, including voting or veto rights, under the Declaration without the
prior written consent of the Declarant.
(d) No amendment to this Declaration may modify this Article XII or
the rights. of any Person hereunder.
(e) Except as specifically provided in this Declaration, no amendment
to this Declaration shall be construed to grant to any Owner or to any other Person any
priority over any rights of Mortgagees.
(4) An amendment to this Declaration shall not be effective until certified by
the President as to compliance with the procedures set forth herein, executed and acknowledged
by the president and attested by the Secretary or Assistant Secretary of the Association, an d
recorded in the office of the Register of Deeds of Onslow County.
22

(5) During the Development Period, Declarant may unilaterally amend this
Declaration for any purpose; however, any such amendment shall not adversely affect the title to
any Lot unless the Owner thereof shall consent in writing.
(6) _ Invalidation of any of these Restrictions by judgment or court order shall
in no way affect any other provision of these Restrictions which shall remain in full force and
effect.
(7) This Declaration and The Neighborhoods of Holly Ridge planned
community may be terminated only by written agreement signed by Owners of Lots to which at
least eighty percent (80%) of the votes in the Association are allocated. Any such termination
shall be in accordance with the provisions of N.C. Gen. Stat. § 47F-2-118.
XVIII.
Common Areas: Private
(1) All Common Areas and any facility thereon are private. Neither the
Declarant's execution of this Declaration nor recording of the Map nor any other act of the
Declarant with respect to the property is or is intended to be or shall be construed as a dedication
to the public of any of the Common Areas. An easement for the use and enjoyment of each of
the areas designated as Common Areas is reserved by the Declarant, its successors and assigns.
(2) All Common Areas shall be owned by the Association and shall be
accepted by the Association free and clear of all liens and encumbrances except pro rata ad
valorem real property taxes for the year of conveyance, reasonable drainage and utility
easements, the easement rights specified herein, including but not limited to, easement rights
retained by Declarant herein, all government laws and regulations, and this Declaration.
g
Acceptance
(1) The grantee of any Lot subject to these Restrictions, by acceptance of a
deed conveying title thereto, or by the execution of a contract for the purchase thereof, whether
from Declarant or a subsequent owner of such Lot, shall accept such deed or contract upon and
subject to each and all of these Restrictions herein contained and also the jurisdiction, rights and
powers of Declarant and the Association, and by such acceptance shall for himself, his heirs,
personal representatives, successors and assigns, covenant, consent and agree to and with
Declarant and the Association and to and with the grantees and subsequent owners of each of the
Lots to keep, observe, and comply with the Association Documents.
(2) Each such grantee also agrees, by such acceptance, to assume, as against
Declarant, its successors and assigns, all of the risks and hazards of ownership or occupancy
attendant to such Lot, including but not limited to its proximity to any Common Element or
recreational facility.
23

ARTICLE XX
COMPLIANCE AND DEFAULT
(1) Relief. Each Owner and each Owners Association located within the
Property shall be governed by, and shall comply with, all of the terms of the Association
Documents as they may be amended from time to time. For the purpose of determining an
Owner's liability for the violation of any provision of the Association Documents or for an act or
omission of such Owner, each Owner is responsible, regardless of negligence or culpability, for
such Owner's own acts or omissions, the acts or omission of such Owner's tenants, and the acts
or omissions of such Owner's (or tenant's) household, guests, employees, customers, agent or
invitees.. A default by an Owner or an Owners Association located within the Property shall
entitle the Association, acting through its Executive Board or through the managing agent, to the
relief and remedies set forth in the Act, the Association Documents and this Article XX.
(2) . Abating; and Enjoining Violations. The violation or the breach of any
provision of the Association Documents shall give the Executive Board the right, in addition to
any other rights set forth in the Association Documents: (a) to enter the portion of the Property
on which, or as to which, such violation or breach exists and summarily to abate and remove, at
the expense of the defaulting Owner or member, any structure, thing or condition that may exist
therein contrary to the intent and meaning of the provisions of the Association Documents, and
the Executive Board shall not thereby be deemed guilty in any manner of trespass; (b) to use
self-help to remove or cure any violation of the Association Documents on the Property
(including without limitation the towing of vehicles); or (c) to enjoin, abate or remedy by
appropriate legal proceedings, either at law or in equity, the continuance of any such breach;
provided, however, that before any construction may be altered or demolished (except in
emergencies) judicial proceedings shall be instituted.
(3) Legal Proceedings. Failure to comply with any of the terms of the
Association Documents shall be grounds for relief, including without limitation an action to
recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment
of all assessments, any other relief provided for in the Association Documents and any other
relief afforded by a court of competent jurisdiction, all of which relief may be sought by the
Association, the Executive Board, the managing agent or, if appropriate, by any aggrieved
Owner or member and shall not constitute an election of remedies.
(4) Other Remedies. The Executive Board may suspend an Owner's voting
rights pursuant to the Bylaws. The Board may also suspend the right of an Owner or other
resident, and the right of such Person's household, guests, employees, customers, tenants, agents
and invitees, to use the Common Elements for a reasonable period not to exceed sixty (60) days
for any violation of any provision of any of the Association Documents or for any period during
which any assessment against an Owner's Lot remains unpaid; provided, however, that the
Association shall not suspend. the right to use the Common Elements for pedestrian ingress and
egress to and from such Owner's Lot or to suspend any easement over the Common Elements for
storm water drainage, electricity, water, sanitary sewer, natural gas, television reception,
telephone service, data transmission, computer service or similar utilities and services to the
Lots.
24

(5) Interest. In the event of a default by any Owner in paying any sum due the
Association assessed against such Owner's Lot or any Owners Association in paying any amount
to be collected from such Owners Association which continues for a period in excess of fifteen
(15) .days, interest from the due date at a rate not to exceed the highest rate permissible by law
(which shall not be construed as the "legal rate" of interest) may be imposed in the discretion of
the Executive Board on the principal amount unpaid from the date due until paid; provided,
however, that if the. Executive Board does not impose interest, the Board shall set forth its
reasons for not charging such .interest in a written record of its decision. The interest to be
imposed pursuant to this subsection shall. be in addition to any the late charges permitted
hereunder.
(6) No Waiver of Rights. The failure of the Association, the Executive Board
or of a member or Owner to enforce any right, provision, covenant or condition which may be
granted by the Association Documents shall not constitute a waiver of the right of the
Association;. the Board or any member or Owner to enforce such right, provision, covenant or
condition in the future. All rights, remedies and privileges granted to the Association, the
Executive Board or any member or Owner pursuant to any term, provision, covenant or
condition of the Association Documents shall be deemed to be cumulative and the exercise of
any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it
preclude the party exercising the sarne fitom exercising such other privileges as may be granted
to such party by the Association Documents, at law or in equity.
(7) Imposition of Charges. The Executive Board, or the Architectural
Committee created by the Executive Board for this purpose, shall have the power to impose
charges in the case of an Owner or an Owners Association found to be responsible for a violation
of the Association Documents (personally or under the provisions of the Association
Documents). No such penalty shall be imposed until the Owner charged with such a violation
has been given notice and an opportunity for a hearing asset forth herein. No charge may be
imposed for failure to pay an assessment except as otherwise provided in the Declaration.
Charges are special assessments and shall be collectible as such and shall also constitute a lien
against an Owner's Lot in accordance with Article VII hereof.
XXI
Hearing Procedures
.Except as may be otherwise specifically authorized by the Declaration, and
permitted by the Declaration, the Executive Board shall not (i) impose a fine or penalty, (ii)
undertake permitted remedial action, or (iii) suspend voting or infringe upon other rights of a
member or other occupant for violations of the Association Documents, or for assessments or
other amounts due and owing to the Association remaining unpaid for a period of thirty (30)
days, or longer, unless and until the following procedure is completed:
(a) Demand. Written demand to cease and desist from an alleged
violation shall be served upon the alleged violator specifying (i) the alleged violation; (ii) the
action required to abate the violation; and Qii) a time period, not less than ten (1.0) days, during
25

which the violation may be abated without further sanction, if such violation is a continuing one,
or a statement that any further violation may result in the imposition of a sanction after notice
and hearing if the violation is not continuing.
(b) Notice. At any time within twelve (12) months following such
demand, if the violation continues past the period allowed in the demand for abatement without
penalty. or if the same rule is subsequently violated, the Board shall serve the violator with a
written notice of a hearing to be held by the Executive Board of the Association in executive
session. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place
of the hearing, which shall not be less than ten (10) days from the giving of the notice; (iii) an
invitation to attend the meeting and produce any statement, evidence and witness on his or her
behalf; and (iv) the proposed sanction to be imposed. The notice prescribed herein may be
served by mailing a copy of said notice to the alleged violator by placing said notice in the
United States mail, postage prepaid, by any method as permitted for the service of summons as
set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the delivery of said
notice by an officer, director or agent of the Association to the alleged violator or to any person
who may be served on the alleged violator's behalf as provided in said Rule 4.
(c) Hearing. The hearing shall be held in executive session of the
Executive Board of the Association pursuant to the notice affording the member a reasonable
opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and
the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be
deemed adequate if a copy of the notice, together with a statement of the date and manner of
delivery, is entered by the officer, director, or agent who delivered such notice. The notice
requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes
of the meeting shall contain a written statement of the results of the hearing and the sanction, if
any, imposed. In addition, a written statement of the results of the hearing and the sanction, if
any, imposed shall be mailed by the United States mail, postage prepaid, by the Association to
the violator.
(d) Sanction as Assessment. Pursuant to the provisions of this Section,
a fine maybe imposed by the Association. is an amount not exceeding One Hundred and N0/100
Dollars ($100.00) (or as may be provided otherwise by law) per violation of the Association
Documents and without further hearing, for each day after the decision to impose such fine that
the violation occurs. Any such fine shall be an assessment as set forth in North Carolina General
Statutes Section 47F 3 107(d). If it is decided pursuantto the provisions of this Section that a
suspension of privileges or services should be imposed, the suspension may be continued without
further hearing until the violation or delinquency is cured.
XXI.
Captions
The captions preceding the various Articles of these Restrictions are for the
convenience of reference only, and shall not be used as an aid in interpretation or construction of
these Restrictions. As used herein, the singular includes the plural and where there is more than
one Owner of a Lot, said Owners are jointly and severally liable for the obligations herein
26

imposed. Throughout this Declaration, references to the masculine shall be deemed to include
the feminine, the feminine to include the masculine and the neuter to include the masculine and
feminine.
XXII.
Notice
All notices provided for or permitted pursuant to these Restrictions shall be in
writing and, except as is herein expressly otherwise provided, notice shall be deemed sufficient
and service thereof completed upon transmittal by facsimile, hand -delivery or receipt, refusal or
nondelivery of same when mailed postage prepaid to the party to or upon whom notice is being
given or served at the address of such party last reflected on the records of the Association.
Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its
purpose of creating a Planned Community of fee simple ownership of Lots with Common Areas
governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations
and easements administered by an owners' association with each Owner entitled to and burdened
with various rights and easements.
XX1V.
Joinder and Subordination
SunTrust is the holder of deeds of trust covering portions or all of the Lots,
Common Areas, streets, and Additional Property recorded in the office of the Register of Deeds
of Onslow County, North Carolina. SunTrust joins in the execution of this Declaration to
consent to the terms hereof and to subordinate said deeds of trust and the liens thereof to the lien
of this Declaration on the Lots, Common Areas, streets, and any Additional Property which is
now or may in the future be affected by this Declaration, and to all provisions, easements,
obligations and other matters set forth in this Declaration, as the same may hereafter be
amended, modified, supplemented, or changed.
27

Attachment A
(Description of Additional Property)
Those tracts or parcels of land lying and being situate in Stump
Sound Township, Onslow County, North Carolina, being more
particularly described in those certain deeds recorded in
Book 2214, at Page 826 and Book 2217, at Page 767 in the office
of the Register of Deeds of Onslow County, North Carolina, the
descriptions as set forth in said deeds being incorporated herein by
reference.
SAVING AND EXCEPTING FROM THE ABOVE -DESCRIBED
PARCELS, portions of said parcels as are shown and designated
on the map of the Neighborhoods of Holly Ridge, Phase I recorded
in Map Book 49, at Page 38 in the office of the Register of Deeds
of Onslow County, North Carolina.

IN TESTIMONY WHEREOF, the parties have caused this instrument to be
executed in such form as to be binding, all by authority duly given, this the day and year first
above written.
NEIGHBORHOODS OF HOLLY RIDGE, LLC (SEAL)
a North C i imite(�4ability company
SEAL)
��
Manager
SOUTHERN HOMEBUILDERS, INC., a North Carolina
corporation (SEAL)
By: (SEAL)
<N.;e: V4iuTioo
Title:
28

SUNTRUST BANK, a Georgia banking corporation
By:
N
Title: ',' � VLz President
STATE OFF C -i- Q
COUNTY OF
1, V) �.N , [1 y : ,1, c:=, t".-. , a Notary Public in and
for said County and State, do hereb certify that �: I•.r;.t-1-: s K') Iry j, personally came
before me this day and acknowledged that he/she is "13-t i c.. President of SUNTRUST BANK,
a Georgia banking corporation, and that he/she, as 11 5;' , President being authorized
to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the \ • day of i. ; V11 ro2006.
My Commission Expires:
`-(1� 1 6.
Notary seal or stamp must appear within this box.
040680-00002-001
WLMAIN\126108\4
otary Public
30

COUNTY, NORTH CAROLINA
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: '�5Qc' ; ;c , Manager of NEIGHBORHOODS
OF HOLLY RIDGE, LLC
Date C,,,
^4q. (Qfflirial Seal)
Signature of Notary Public
Notary Public
Printed or typed name
My commission expires:
COUNTY, NORTH CAROLINA
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: kz\vx_;z,-� of SOUTHERN
HOMEBUILDERS, INC.
Date h i % t- Ln
{ ?a Seal)
Seal)
:... .
dl� j-V ro" n a�� J:t�-
Signature of Notary Public
� _�.,J�>_� c� , Notary Public
Printed or typed name
My commission expires: DIFS1
R