SW8000245_Current Permit_20200921

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRMN 1NRENN
Dirl-ctor
Septembei 21, 2020
NORTH CAROLINA
Environmental Quality
Deer Crossing Homeowners Association, Inc.
Attn: Mr. Wilson, Ki, President
PO Box 12615
Wilmington, NC 28405
Subject: Permit Transfer
State Stormwater Management Permit No. SW8 000245
Deer Crossing
New Hanover County
Dear Mr. Ki
On September 18, 2020, the Wilmington Regional Office received a Permit Transfer Application Form for the
subject project. DEMLR staff have conducted a site inspection on September 10, 2020 with a follow up file
review on September 21, 2020, and have determined that the documentation is in order, and that the project is
currently in compliance with the terms and conditions of the current state stormwater permit.
As indicated on the Permit Trar..sfer Application Form, you have acknowledged receipt of a copy of the permit
(which includes the application and supplement forms), a copy of the certifications, a copy of the recorded
documents, a copy of the approved plans, and a copy of the latest inspection report. By acknowledging receipt of
the permit, and by signing the Name/Ownership Transfer form and Operation and Maintenance Agreement, you
have accepted the responsibility for complying with the terms and conditions outlined in this permit. The
Division is hereby notifying you that the subject permit has been transferred on September 21, 2020 and
reminding you that this permit shall be effective until rescinded. A copy of the transferred and updated permit
and associated documents are enclosed. Please note that this transferred, updated, and re -issued permit does not
impose new or different terms; it merely restates and clarifies some of the previous terms to provide you with a
better understanding of your obligations under the permit.
This permit is subject to the conditions and limitations as specified in the updated permit. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s),
recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the
permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance
problems.
�s � tj [forth ..aroli.-7a Department of Enrironmentai C_uaitty Division of nen,.,-. Mineral and Land esources
R- E 0> Wilmington Regional Office 27 Cardinal >7ri, a Exten ion Wilmington. "dcrth Carolina 28405
.. a- Caxi. r
ownnmrtamasegT✓'� 914.796.7215

State Stormwater Permit No. SW8 000245
Page 2 of 2
If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson
with DEMLR in the Wilmington Regional Office at [phone].
Sincerely,
.,J;;; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment B — Impervious Area Summary
copy of the Permit Transfer Application Form
copy of the signed and approved Operation & Maintenance Agreement
copy of the latest inspection report
copy of the latest application documents
DES/kpj: \\\Stormwater\Permits & Projects\2000\000245 LD\2020 11 permit 000245
cc: Mr. Wilson Ki, President, N&K Development, Inc.
1804 Martin Luther King Pkwy, Suite 209, Durham, NC 27707
Mr. Phil Tripp, PE
Tripp Engineering, 419 Chestnut Street, Wilmington, NC 28401
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit No.SW8 000245
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION 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
Deer Crossing Owners Association, Inc.
Deer Crossing
Deer Hill Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of Title 15A
NCAC 2H.1000, effective September 1, 1995 (hereafter collectively and separately referred to as the "stormwaterrules')
and the approved stormwater management plans and specifications, and other supporting data as attached and on file with
and approved by the Division of Energy Mineral and Land Resources (DEMLR) and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
1, Each of the 139 lots is limited to a maximum amount of built -upon area (BUA) as indicated in Section 11.10 of this
permit.
2. The overall tract built -upon area percentage for the project is limited to a maximum of 30% per the requirements
of the stormwater rules. This permit covers the construction of a total of 808,909 square feet of built -upon area,
which includes 543,458 square feet of proposed BUA, and 265,451 square feet of future BUA allocation per
Attachment B, which is attached as the last page of this permit.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit.
Projects covered by this permit will maintain a minimum 50-foot-wide vegetated buffer adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each
side of streams and rivers, and the mean high water line of tidal waters.
All runoff directed into and through the vegetative buffer must flow through the buffer in a diffuse manner. All
runoff directed into wetlands shall flow into and through the wetlands at a non -erosive velocity of 2 feet per
second or less.
The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division.
11. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for
their intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
Page 3 of 6

State Stormwater Management Systems
Permit No.SW8 000245
3. The permittee shall at all times provide and perform the necessary operation and maintenance procedures as
specified in the signed Operation and Maintenance Agreement, such that the permitted stormwater management
system functions as designed and permitted.
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 any of the items shown on the approved plans, including the stormwater management
system, design concept, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the drainage area.
C. Further subdivision, acquisition, or sale of the project area in whole or in part.
d. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
e. Construction of any future development area on the plan with a BUA allocation.
5. The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request.
6. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface
such as a road and that minimum amount needed under driveways to provide access to lots.
7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -
upon area. Once the lot transfer is complete, the maximum allocated built -upon area for the lot may not be
revised without approval from the DEMLR. If the allocated maximum built -upon area on the lot is exceeded, the
permittee shall notify the lot owner in writing and shall require remediation within a reasonable time frame. If the
situation is not remediated, both the permittee and the lot owner are subject to enforcement action by the DEMLR.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this
permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to
be submitted, 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. A modification may be required for those deviations.
9. If the permittee sets up an Architectural Review Committee or Board to review new lot plans and subsequent
modifications for compliance with the provisions of this permit and the restrictive covenants, the plans reviewed
must include all built -upon area (BUA) and piping. Any approvals given by the Committee or Board on behalf of
the permittee do not relieve the lot owner or the permittee of the responsibility to maintain compliance with the
permitted lot BUA limit.
10. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number SW8 000245, as issued by the DEMLR 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, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence
of the DEMLR.
f. The maximum built -upon area per lot is as specified in Attachment B. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
g.=illing in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
h. For those lots adjacent to surface waters, each lot will maintain a minimum 50-foot-wide vegetated buffer
adjacent surface waters.
i. All roof drains shall terminate at least 50 feet from surface waters.
Page 4 of 6

State Stormwater Management Systems
Permit No.SW8 000245
Any individual or entity found to be in noncompliance with the provisions of the stormwater management
permit or the requirements of the stormwater rules found in 15A NCAC 02H.1000 and Session Law
2008-211, is subject to enforcement procedures as set forth in N.C.G.S. 143, Article 21.
11. The permittee shall submit a copy of the recorded deed restrictions, which contain all of the above statements,
within 30 days of the date of recording.
12. 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.
13. All stormwater conveyances will be located in either a dedicated right-of-way (public or private), recorded
common areas or recorded drainage easements. The final plats for the project will be recorded showing all such
required rights -of -way, common areas and easements, in accordance with the approved plans.
14. The project has included the option to use #57 stone laid at least four inches thick over a geotextile fabric as a
pervious surface for use on the individual lots. The underlying soil should not be mechanically compacted prior to
installation. The permittee shall review all applications and uses of #57 stone within the permitted project for
compliance with these requirements. The permittee shall not approve any plans that do not meet these
requirements. The permittee shall retain the individual lot #57 stone applications and a copy of the written
approval on file for the life of the Stormwater Management permit. At the request of the Division, the permittee
shall provide a copy of these documents for any and all lots approved to install #57 stone within the permitted
project. If, in the future, the areas of #57 stone are no longer found to meet the #57 stone requirements, a permit
modification will be required.
III. GENERAL CONDITIONS
Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or
the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article
21.
The permit issued shall continue in force and effect until modified, revoked or terminated.
3. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit
modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title
15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-
215.1 et. al.
5. This permit is not transferable to any person or entity except after notice to and approval by the Director. The
permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division
website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at
least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale
that is made subject to the recorded deed restrictions and protective covenants;
b. The assignment or conveyance of declarant rights to another individual or entity;
c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association,
subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07
and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121,
6. 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. If any of those permits result in revisions to the plans, a permit modification must be submitted.
Page 5 of 6

State Stormwater Management Systems
Permit No.SW8 000245
7. The permittee grants permission to DEQ Staff to enter the property during business hours for the purposes of
inspecting the stormwater management system and its components.
Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division
website) to the Division within 30 days to making any one or more of the following changes.
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
Permit transferred and reissued this the 21st day of September 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

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Permit No. `7 L _)7 OOp r7- -LI S
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246, and the DWQ BMP Manual.
Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g).
I. PROJECT INFORMATION
Project Name : Deer Crossing
Contact Person: Phillip Tripp Phone Number: (910 )763-5100
Number of Lots: 139 Allowable Built Upon Area (BUA) Per Lot*:20 lots k 2430 sf,
119 lots k 2650 sf
Number of Dwelling Units Per Acre* * :4_3
Low Density Development (check one): ® without curb & gutter ❑ with curb & gutter, outlets to (check one):
® Swales ❑ Vegetated Area
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot.
The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase II Post -Construction (non -SA) only)
II. BUILT UPON AREA
Refer to DWQ's forms and applications website for specific language that must be recorded in the deed
restrictions for all subdivided projects.(http://h2o.enr.state.nc.us/su/bmp_fomis.htm)
Complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. of Lots - the total number of lots in the subdivision.
• BUA per Lot - the computed allowable built upon area for each lot including drivew _s,and impervious
surfaces located between the front lot line and the edge of pavement.
• Total allowable lot BUA - the computed allowable built upon area for all lots combined.uL 3 1 2
Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 5 BY:

• Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non -uniform lots.
Calculation:
For uniform lot sizes:
(SA: ft2 x DF: ) — (RA: ft2) — (OA: ft2) = BUA per Lot = ft2
(No of Lots:
For non -uniform lot sizes:
a. (SA: ft2 x DF: — (RA: ft2) — (OA: ft2) = Total allowable lot BUA = ft2
b. Total BUA from lot listing: sf b must be:5 a
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdsc.nws.noaa.gov/hdsc/pfds/
Table 1. Swale design information based on the 10-vear storm.
Swale No.
Drainage
Area ac
Impervious
Area ac
Grassed
Area ac(cfs)
C
Q
Slope
%
Vallow
s
Vact,al
(fps)
Flow
Depth ft)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
f1
i 9h
sii
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 5 BY__ I

IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 214.1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An
incomplete submittal package will result in a request for additional information. This will delay final
review and approval of the project. Initial in the space provided to indicate that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met.
then justification must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.
E2 a. t For projects in the 20 coastal counties: Per NCAC 211.1005, a 50 foot wide vegetative buffer
is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative
buffer adjacent surface waters is provided.
N/A b. t For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer
is provided adjacent to surface waters.
N/A c. t For Phase II Post -Construction projects: All built upon area is located at least 30 feet
landward of all perennial and intermittent surface waters.
attached d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of any lots.
calcs. e. Built upon area calculations are provided for the overall project and all lots.
f. Project conforms to low density requirements within the ORW AEC. (if applicable per
15A NCAC 211.1007)
E2 g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
E2 h. Longitudinal slope of swales is no greater than 5%; for non -curb outlet projects, calculations
for shear stress and velocity are provided if slope is greater than 5%.
calcs. i. At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate.
calcs. j. Swales discharging to wetlands are designed to flow into and through the wetlands at a non -
erosive velocity (for this flow requirement into wetlands, non -erosive is velocity < 2 ft/s).
C 13 k. Swale detail and permanent vegetation is specified on the plans.
C 13 1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
E2 m. Swales are located in recorded drainage easements.
E2 n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet.
E2 o.tt The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each swale).
E2 p.tt Curb outlets direct flow to a swale or vegetated area.
t Projects in the Neuse, Tar -Pamlico, Catawba River basins, and Randleman Lake may require additioitl buffers.
tt Only complete these items for projects with curb outlets.
J U L'
Form SW401-LowDensity-Rev.3-2/10/09 Page 3of 5 �d�
BY.

V.' SWALE SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time; and grass will not be mowed too close to the ground or "scalped".
2, Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: �! Lsp ,�/ F �. tC� •�-y�rsS� C-a �- ��`'t
Address: L,,, ttzv L/,L a,,,, N( 'Q7o'7
Phone
Signature:
-/(� z32 ) 7 3a Date. �J Al 1 �f IT
Note' The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I,7 1V �n •. C , a Notary Public for the State of Alo�+'o" 4.�4b—, County of
iM�a+M6_- , do hereby certify that personally appeared before me this
day of 1-9 LOW 4-4 (_9 and acknowledge the due execution of the forgoing swale maintenance requirements.
Witness my hand and official sew
N
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NZ
;MSEAL
•• At1Boci J z
,k0N 80\3
Form SW401-Low Density-Rev.3 2/10/09
My commission expires dt r'l$��x"�
E:
JUL 3 1 2021
Page 5 of 5 BY'

DEMLR USE ONLY
Date Re . iv d
Fee PaidT
Permit Number
a� oclt; 000a
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION' FORMi
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.gov/contact/regional-ofces.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under C.S. 143-214. 1(,3 ) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL lNl=r..>RMA"i ION
1. State Stormwater Permit Number: SW8 000245
2. Project name: Deer Crossing
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Transfer to Owners Association
..020
Stormwater P:armit Transfer Appiicat:on Form Page 1 of 7 April 27. 2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM(select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community(skip Part F & G).
In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
whenall of the following items can be truthfully checked. -
El Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee(skip Part D below).
In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked.•
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
A 0 K18 2,1
IN 2019
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "Y"to confirm the items are included with this form. Please mark "X" if previously provided. If not
applicable or not available, please mark IV/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement s fromthe proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
N/A 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A 8. If transferring under G. S. 143_214.77(c2) (i.e., Part B, Item 2 of this form is selected),
documentationverifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyancedate and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
JUG 31
XC
' A204,9
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION ANDCERTIFICATIONPlease be sure to provide Email.
1. Current Permit Holder's Company Name/Organization:N & K Development, Inc.
2. Signing Official's Name:Wilson Ki
3. Signing Official's Title: President
4. Mailing Address: 1804 Martin Luther King Pkwy, Suite 209
City: Durham State: NC ZIP :27707
5. Street Address:
City: State: ZIP :
6. Phone: [phone] Email:WilsonkiOc-yahoo.com
I, Wilson Ki , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit./ have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
the designer's certification for each SCM; 5e�01c►�aV2Z 9Jtwo)o �ow�s�
® any recorded deed restrictions, covenants, common areas, drainage easiments or plats;
® the approved plans and/or approved as -built plans;
® the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
R'a copy of the`most recent inspection report; 4en} w( �Cm�� °��a�� aoab 1t��+r►s�
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
Signature: Date: J I �-fl r
I, —owe , a Notary Public for the State of
County ofdo hereby certify
that W6- kl personally appeared before me
this the W1111601� day of 5—JL L 20L -7 , and acknowledge the due
ex e. d(og instrument. Witness my hand and official seal;^
My Comm
bl /yL/20 -1
!d
rITTECT.
2019
BY:
Stormwater Permit Transfer Application Form Page 4 of 7 April 27. 2018

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner(A/so complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA)(A/so complete Part F.)
❑ Lessee- Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the
permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser- Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. if the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer- Attach a copy of the development agreement. Both the developer and the property owner will
appear on the permit as co-permittees. if the development agreement is terminated, responsibility for the
permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name(check one of the following and provide the name):
❑Corporation, LLC, Partnership, Municipality name:
®HOA / POA / UOA. name: Deer Crossinq Owners Association. Inc.
❑Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
PbQ*x raIoL�7
a. Signing Official's Name: W I LSD
b. Signing Official's Title: PR k S 1 D6f1i _r
c. Mailing Address:
City: —4
d. Street Address:
City: _
e. Phone:
d �4*, Lj State: )V ZIP : LL 7 d 7
2? 1 3 73o Email: ty4m,, Y4Woo, cvyft
4. If there is a Management Entitythat manages the property for an HOA, POA or UOA, please
provide:P/ease be sure to provide Email.
a. Management Company or Business name: GF CC O
b. Contact Name: LA bt*A— Kale )4MWitle:
c. Mailing Address: 1 � 2 18 _D-oc Y oe,s (2 (k e LE
d. City: W I LGYI iN(;rrov State: NC. zip: 294 1
e. Phone: ( i®) 4g-3—?2j3 Email: 8 Capco—Nc. r-�
Y.
AUG 2019
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I, �JiL5,.A) k. ( , hereby notify the DEMLR that I have acquired through sale,
lease, development agreement, or other legal transfer, the project/property covered by the stormwater
management permit and/or the responsibility for constructing and/or operating and maintaining the permitted
stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written documentstatement, with a `plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will {construct}, operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature: w�l iP Date: 1Q 904
J GrN� , a Notary Public for the State of ALOA ( -,cm �•� ,
County ofdo hereby certify thatf'�►^- �1
personally appeared before me this the 49''�' day of Sub#. 20 19 , and
acknowledge the due execution of the forgoing instrument. Witn
Notary Signature
My Comm
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"i JUL 31 2020 i
u
s`�qlVillam fi d official seal,
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AUG
BY:
8 2019
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Nami
Signing Official's
Mailing Address:
City:
Phone: (_) Email:
State: ZIP :
I, W ILgo I X i , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21. Q
Signature of the property owner Sati—�''— Date: f r O I
I,172V a Notary Public for the State of
cap , County ofdo hereby certify that
f personally appeared before me this the t96L day of
�y(N 120 13 , and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal, ����N1�T0 I
(Notary Seal)
Notary Signatu
My
Stormwater Permit T ransfer Application Form
JUL 3 t 2020
Page 7 of 7
v�
AUG 2019
gY: -
April 27, 2018

TE 12011
State Stormwater Management Systems
Permit No. SW8 000245
Deer Crossing
Stormwater Project No. SW8 000245
New Hanover County
I, Phillip G. Tripp, as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically) the construction of the
project,
Deer Crossing
(Project)
for N&K Development, Inc. (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.
Noted deviations from approved plans and specifications:
Signature
, a "I
Date Cl' 16- W
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1 rnY r

TE 12011
State Stormwater Management Systems
Permit No. SW8 000245
Deer Crossing
Stormwater Project No. SW8 000245
New Hanover County
Permittee's Certification
I, Wilson Ki, President of N & K Development, Inc., as permit holder hereby state
that, the stormwater controls, and impervious surfaces for Deer Crossing subdivision
have been constructed within substantial compliance and intent of the approved plans
and specifications.
Noted deviations from approved plans and specifications.
Signature
Wilson Ki, President
N & K Development, Inc_
Dates ' ��

✓J
-n�
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
March 20, 2017
Home Life, Inc. would like to certify that the Deer Crossing Subdivision stormwater
controls and impervious surfaces have been constructed within approved plans and
specifications according to Stormwater Permit No. SW8 000245 issued on June 18th of
2014.
N 1, '--5-
Wilson Ki, President
Home Life, Inc.
-Z) - 17
Date
RECEIVE
MAR 13 20B
BY.

6rATFA PkorFC7lyff
�,�nn �or
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HANOVER COUNTY NC
2010 JUN 01 12:1 t PM
BK:548B PG:2656-268B FEE4107.06
Ca d,5Alg1VTS a F
-PctQ aPVS5'"[
7444E t SEC TrJn1 �
JUL � 3 12020
RETURN TO 0\swx t

STATE OF NORTH CAROLINA RESTATED PROTECTIVE COVENANTS OF
COUNTY OF NEW HANOVER DEER CROSSING
PHASE 1 SECTION 1
THESE RESTATED PROTECTIVE COVENANTS, made this the 1 s r day
of u+++�-- 2010, by Home Life, Inc., a North Carolina corporation, its successors and
assigns, whether one or more, hereinafter referred to as "DECLARANT". THESE RESTATED
PROTECTIVE COVENANTS supersede covenants recorded in New Hanover County Register
of Deed Book 3136 Page 58.
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in New
Hanover County North Carolina, which is more particularly described as DEER CROSSING,
Phase 1, Section 1 according to the plat thereof, recorded or to be recorded in the office of the
Register of Deeds of New Hanover County, reference to which is hereby made for a more
particular description (herein the "Phase 1, Section 1, Deer Crossing plat').
NOW, THEREFORE, DECLARANT hereby declares that all of the properties
described above shall be held, sold and conveyed subject to the Planned Community Act, set
forth in Chapter 47F of the North Carolina General Statutes and to the following easements,
restrictions, covenants and conditions, which are for the Purpose of protecting the value and
desirability of, and which shall run with the real property and be binding on all parties having
any right, title, or interest in the described properties or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE 1
Definitions
Section L Articles shall mean the Articles of Incorporation of DEER
CROSSING OWNERS ASSOCIATION, INC.
Section 2. Association shall be used to mean and refer to DEER
CROSSING, OWNERS ASSOCIATION, INC., a private non-profit corporation formed or to
be formed by the DECLARANT primarily as a Homeowners' Association for the Lot Owners
in DEER CROSSING, all of whom shall be Members of the Association.
Section 3. Bylaws means the Bylaws of DEER CROSSING OWNERS
ASSOCIATION, INC.
Section 4. Common Eleme shall mean all real property and facilities
owned by the Association for the common use and enjoyment of the Owners, including, without
limitation, Deer Hill Drive and all other streets within the property to be developed, now or
hereafter shown on any recorded plat of Deer Crossing, and all areas designated as "Open

Space" upon any recorded plat of Deer Crossing. Provided however, that it is the intent of the
Declarant, and Declarant reserves the right, without the consent of the Association to convert
any streets into public streets by complying with applicable requirements prescribed by the
State of North Carolina.
Section 5. Common Expen es means and includes actual and estimated
expenses of maintaining and operating the Common Elements, Stormwater Facilities,
Conservation and Buffer Areas and landscaped areas within road right of ways and operating
the Association for general purposes, including any insurance, reasonable reserve and utilities,
as may be found necessary and appropriate by the Executive Board pursuant to these Protective
Covenants, the Bylaws and the Articles of Incorporation of the Association, including the
following:
a. All sums lawfully assessed by the Association against its
members;
b. Expenses of administration, maintenance, repair or replacement
of the Common Elements and the stormwater system;
C. Expenses declared to be Common Expenses by the provisions
of these Protectjve Covenants or the Bylaws;
d. Expenses agreed by the members to be Common Expenses of the
Association; and
e. Any ad valorem'taxes and public assessments levied against the
Common Elements.
Section 6. DECLARANT shall be and refer to Home Life, Inc.; a North
Carolina corporation, its successors and assigns, if such successors or assigns should acquire
more than one, undeveloped Lot from the DECLARANT for the purpose of development.
Section 7. Executive Board shall be the elected Executive Board governing
the Association and managing the affairs of the Association.
Section 8. Limited Common Elements shall mean that certain real property and
facilities intended for the exclusive use or primary benefit of one or more but less than all of the
Lots as shown and designated on any maps of sections of the Subdivision which are or may be
recorded in the New Hanover County Registry or which may be designated in any amendment
to the Protective Covenants annexing additional properties.
Section 4. Limited Common Expenses shall mean and include actual and
estimated expenses of maintaining, operating, repairing, and replacing the Limited Common
Elements, including insurance, reasonable reserves and utilities as may be found necessary and
appropriate by the Executive Board pursuant to these Protective Covenants, the Bylaws and the

Articles of Incorporation of the Association for the benefit of the Limited Common Elements.
The maintenance of the water areas of Stormwater Facilities will be a Common Expense, rather
than a Limited Common Expense.
Section 10. Lot shall mean and refer to any of the numbered Lots as shown on
the plat of DEER CROSSING, Phase 1, Section 1, recorded as aforesaid, in the New Hanover
County Registry together with the single family structure or dwelling, and any other numbered
lots which may be shown on maps which may be recorded in the future showing additional
phases and sections of DEER CROSSING and which are annexed into the Subdivision in
accordance with Article 3, Section 1 and Article 11.
Section 11. Member shall mean and refer to each and every person and entity
who or which owns a Lot in DEER CROSSING SUBDIVISION.
Section 12. Misconduct shall have the meaning set forth in Chapter 47F of the
North Carolina General Statutes and in addition shall also include violations of Article 6,
Section lc.; Article 8; Article 9, Sections 6, 7 and 8b.; and Article 12 herein.
Section 13. Owner shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 14. Person shall mean and refer to an individual, corporation, limited
liability company or partnership, partnership or limited partnership, association, trustee, or
other legal entity.
Section 15. Properties shall mean and refer to that certain real proporty which is
described as DEER CROSSING, Phase 1, Section 1, in that map recorded or to be recorded the
New Hanover County Registry and such additions thereto as may hereafter be brought within
the jurisdiction of the Association.
Section 16. Protective Covenants shall mean this instrument as it may be from
time to time amended or supplemented.
Section 17. Subdivision means all of that real property known collectively as
DEER CROSSING, Phase 1, Section 1 recorded or to be recorded in the New Hanover County
Registry, and all maps which may be recorded in the future showing additional phases and
sections of DEER CROSSING and which are annexed into the Subdivision in accordance with
Article 3, and Article 11.
ARTICLE 2
Property Ri¢hts

Section 1.Owners' Easements of Enjoyment. Every Owner shall have a right
and easement of enjoyment in and to the Common Elements and every Owner whose Lot
has assigned to it a Limited Common Element shall have a right and easement of enjoyment
in and to the Limited Common Elements which shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
a. The right to the Association to limit the number of guests of
Members;
b. The right of the Association to suspend the voting rights and right
to use the Common Elements and the Limited Common Elements
and the recreational facilities by an Owner for any period during
which any assessment against his Lot remains unpaid; and for a
period not to exceed sixty (60) days for any infraction of its
published rules and regulations in accordance with that procedure
set forth in Article 12;
c. The right of the Association to dedicate or transfer all or part of
the Common Elements and the Limited Common Elements to any
public agency, authority, or utility for such purposes and subject
to such conditions as may be agreed to by the Association;
d. The right of the Association to formulate, publish and enforce
rules and regulations for the use and enjoyment of the Common
Elements and the Limited Common Elements and improvements
thereon, which regulations may further restrict the use of the
Common Elements and the Limited Common Elements and the
right of the Association in accordance with the procedure set
forth in Article 4 to establish penalties for any infractions thereof.
e. The right of the Association, in accordance with its -Articles and
Bylaws, to borrow money for the purpose of improving the
Common Elements and the Limited Common Elements and
carrying out its maintenance responsibilities and in aid thereof to
mortgage said property, and the rights of such mortgages in said
properties shall be subordinate to the rights of the Lot Owners
hereunder.
f. Easements as provided in Article 4 hereof
Section 2. Delegation of Use. Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Common Elements and, if applicable, the Limited
Common Elements to the Members of his family, his tenants, or contract purchasers who reside
on the property.

Section 3. Common Elements. Except as otherwise provided in ARTICLE 1,
Section 4, and ARTICLE 3, Section 4; the Common Elements cannot be mortgaged or
conveyed without the consent of at least two-thirds (2/3) of the Owners; excluding
DECLARANT.
ARTICLE 3
DECLARANT'S Rim
Section 1. The DECLARANT hereby reserves the right to annex and subject to
these restrictions the real property which is located within a 1 mile radius of, and is adjacent to
and contiguous with that property described in The Phase 1, Section 1, Deer Crossing plat in
order to extend the scheme of these Protective Covenants to other property to be developed and
thereby bring such additional Properties within the jurisdiction of the Association. Each
additional parcel or tract of land, with the improvements thereon, or to be placed thereon, which
is subject to these Protective Covenants shall be designated consecutively as "Section 2",
"Section 3", etc, of Phase 1 and such other similar designations for any additional phases added.
Section 2. The rights reserved by DECLARANT in Phase 1, Section 1 and all
annexed Phases and Sections include the right to change, alter or designate Lot(s), roads, utility
and drainage facilities and easements, and to change, alter or redesignate such other present and
proposed amenities or facilities as may in the sole judgment of the DECLARANT, be necessary
or desirable. The rights reserved in this Section specifically include the right of DECLARANT
to redesignate, change, or alter any platted Lot(s) into road(s).
Section 3. Among other things, the DECLARANT reserves the right to develop
additional properties into multifamily units and place separate restrictive covenants on those
units.
ARTICLE 4
Easements
Section 1. Easements are reserved as necessary in the Common Elements and
'the Limited Common Elements for installation and maintenance of underground utilities and
drainage facilities.
Section 2. Every Owner of a Lot within the Subdivision, as an appurtenance to
such Lot, shall have a perpetual easement over and upon the Common Elements within the
Subdivision for each and every purpose or use to which such Common Elements were intended
as determined by their type, or for which such Common Elements generally are used, including,
but not limited to, easement of access, maintenance, repair or replacement of the Common
Elements. Such easements shall be appurtenant to and shall pass with the title to every Lot
located within the Subdivision, whether or not specifically included in a deed thereto. Every
Owner of a lot within the Subdivision which is assigned to a Limited Common Elements, as an

appurtenance to such lot, shall have a perpetual easement over and upon such Limited Common
Elements for each and every purpose or use to which such Limited Common Elements is
intended by its type, or for which such Limited Common Elements is generally used, including,
but not limited to, easement of access, maintenance repair or replacement of such Limited
Common Elements. Such easements shall be appurtenant to and shall pass with the title to
every Lot assigned to such Limited Common Elements, whether or not specifically included in
the deed thereto.
Section 3. The Association hereinafter may grant easements for utility purposes
for the benefit of the Subdivision and the Lots now or hereafter located thereon, over, under,
along and through the Common Elements and the Limited Common Elements. Provide
however that no such grant of easement shall have a material adverse effect on the use,
enjoyment or value of any Lot.
Section 4. Any Owner may delegate, in accordance with the rules and
regulations, his right of enjoyment to the Common Elements and, if applicable, to the Limited
Common Elements, to the members of his family, his tenants, and contract purchasers who
reside on the property.
Section 5. Easements and rights of way over and upon the rear, front and side ten
(14) feet of each Lot for drainage and the installation and maintenance of utilities and services
are reserved to DECLARANT and its successors and assigns for such purposes as
DECLARANT may deem incident, and appropriate to its overall development plan. The
easements and right of way areas reserved by DECLARANT on each Lot pursuant hereto shall
be maintained continuously by the Owner, but no structures or plantings or other material shall
be placed or permitted to remain upon such areas or other activities undertaken thereon which
may damage or interfere with the installation or maintenance of utilities or other services, or
which may retard, obstruct or reverse the flow of water or which may damage or interfere with
established slope ratios or create erosion problems. Improvements within such areas also shall
be maintained by the respective Owner except those for which a public authority or utility
company is responsible. These easements and rights expressly include the right to cut any trees,
bushes or shrubbery, make any gradings of the soil, or to take any other similar action
reasonably necessary in the opinion of the DECLARANT to provide an economical and safe
installation. The DECLARANT shall have no maintenance responsibilities for such easement
areas.
Section 6. Every Owner shall have a right and easement of enjoyment in and to
any and all other Common Elements which are owned or leased by the Association for the
enjoyment of the Owners; this right and easement of enjoyment shall be appurtenant to and
shall pass with the title to every Lot.
Section 7. The rights reserved by DECLARANT in Article 3 and all annexed
Phases and Sections reserve the right to change, alter or designate Lots, roads, utility and
drainage facilities and Easements, and to change, alter or redesignate such other present and
proposed amenities or Facilities as may in the sole judgment of the DECLARANT, be

necessary or desirable. Except as allowed in Article 3, the DECLARANT shall have no right to
change, alter or redesignate the character of the use of the Lots within the Subdivision.
Section 8. An easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing emergency services to
enter upon the Lots, Common Elements and Limited Common Elements in the performance
of their duties.
Section 9. The real property in this Subdivision is subject to a contract with
Progress Energy Carolinas, Inc for the installation of underground electrical utilities which may
require an initial contribution and/or the installation of street lighting, which will subject each
Owner to a continuing monthly payment to Progress Energy Carolinas, Inc.
Section 10. An easement is hereby established over all Lots,Common Elements
and Limited Common Elements for the benefit of applicable governmental agencies for the
setting, removing and reading of water meters, maintaining and replacing water, drainage and
drainage facilities, fire fighting, law enforcement, garbage collection and the delivering of
mail.
Section 11. An exclusive easement is hereby established in favor of
DECLARANT over all Common Elements and Limited Common Elements for access to
adjacent properties for the purposes of future development and the installation of streets and
public utilities.
Section 12. All easements and rights described herein are easements
appurtenant, running with the land, and shall inure to the benefit of and be binding on all
undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and other
person having an interest in said land, or any part or portion thereof, regardless of conveyance,
or in any mortgage or trust deed or other evidence of obligation, to the benefit of and be
binding on the undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee
and other person having an interest in said land, or any part or portion thereof, regardless of
whether or not reference to said easement is made in the respective deeds of conveyance, or in
any mortgage or trust deed or other evidence of obligation, to the easements and rights
described in these Protective Covenants.
Section 13. An easement is hereby granted to the Association for maintenance
of the water surfaces of Stormwater Facilities.
ARTICLE 5
Association
Section 1. P ose An Association named DEER CROSSING OWNERS
ASSOCIATION, INC. has been or will be formed pursuant to the requirements of the
Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina. Its

purposes are to own, manage, maintain and operate the Common Elements and facilities
located upon the Common Elements, and Limited Common Elements and facilities located
upon the Limited Common Elements, Conservation, Buffer Areas, areas with similar
designations and landscaped areas within road right of ways; the stormwater runoff system;
sign easements areas, and fences or other property maintained by the Association to enforce
the Protective Covenants contained herein, and to make and enforce rules and regulations
governing the Owners' use and occupation of Lots.
Section 2. Membership. Every person who is record Owner of a fee or
undivided fee interest in any Lot which is subject by covenants of record to assessment by the
Association, including contract sellers, but excluding persons who hold an interest merely as
security for the performance of any obligations, shall be a member of the Association.
Ownership of such interest shall be the sole qualification for such membership; there shall be
only one vote per Lot in such Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot. The Executive Board may make reasonable rules
regarding proof of Ownership.
Section 3. Voting Rights. The Association shall have two classes of voting
memberships.
a. Class "N' Class A Members shall be all Owners with the
exception of the DECLARANT and shall be entitled to one
vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be Members. If
only one of the multiple owners of a Lot is present at a
meeting of the Association, the Owner who is present is
entitled to cast all the votes allocated to that Lot. If more than
one of the multiple owners are present, the votes allocated to
that Lot may be cast only in accordance with the agreement of
a majority in interest of the multiple owners. Majority
agreement is conclusively presumed if any one of the multiple
owners casts the votes allocated to that Lot without protest
being made to the person presiding over the meeting by any of
the other Owners of the Lot.
b. Class "B". Class B Member(s) shall be the DECLARANT and
shall be entitled to three (3) votes for each Lot owned. The
Class B membership shall cease and be converted to Class A
membership on the happening of either of the following
events, whichever occurs earlier:
(1) When the DECLARANT owns twenty-five percent
(2516) or less of the planned residential lots in the
subdivision, including any property which may be

annexed to the subdivision, or
(2) On December 31,2027.
Section 4. Only those Lot Owners subject to assessments under Article 6
Section 1.c.(1) or (2) shall vote on issues affecting such assessments or property subject to such
assessments. The number of votes required on any issue shall be the same as required for
comparable votes on issues affecting general assessments or Common Elements.
Section 5. The DECLARANT shall have the right to appoint and remove the
members and officers of the Executive Board until (i) December 31, 2027, or (ii) the
DECLARANT turns control of the Association over to the Class A Members; or (iii)
DECLARANT owns twenty-five percent (25%) or less of the planned residential lots in the
subdivision, whichever first occurs.
Section 6. The Association shall have the following powers:
a. Adopt and amend bylaws and rules and regulations;
b. Adopt and amend budgets for revenues, expenditures, and
reserves and collect assessments for common expenses from
Lot Owners;
C. Hire and discharge managing agents and other employees,
agents, and independent contractors;
d. Institute, defend, or intervene in litigation or administrative
proceedings on matters affecting the planned community.
e. Make contracts and incur liabilities;
f. Regulate the use, maintenance, repair, replacement and
modification of Common Elements.
g. Cause additional improvements to be made as a part of the
Common Elements;
h. Acquire, hold, encumber, and convey in its own name any right,
title or interest to real or personal property, provided that
Common Elements may be conveyed or subjected to a security
interest only pursuant to applicable law;
i. Grant easements, leases, licenses, and concessions through or
over the Common Elements;
j. impose and receive any payments, fees, or charges for the use,
rental, or operation of the Common Elements and for services
provided to Lot Owners;

k. Impose reasonable charges for late payment of assessments and,
after notice and an opportunity to be heard, suspend privileges
or services provided by the Association (except rights of access
to lots) during any period that assessments or other amounts
due and owing to the Association remain unpaid for a period of
30 days or longer;
1. Impose reasonable fines or suspend privileges or services
provided by the Association (except rights of access to lots) for
reasonable periods for violations of the Protective Covenants,
Bylaws, and Rules and Regulations of the Association;
M. impose reasonable charges in connection with the preparation
and recordation of documents, including, without limitation,
amendments to these Protective Covenants or statements of
unpaid assessments;
M Provide for the indemnification of and maintain liability
insurance for its officers, Executive Board, directors, employees
and agents;
o. Assign its right to future income, including the right to receive
common expense assessments;
P. Exercise all other powers that may be exercised in this State by
legal entities of the same type as the Association; and
q. Exercise any other powers necessary and proper for the
governance and operation of the Association.
Section 7. Common Elements. The Common Elements and Limited Common
Elements may be mortgaged or conveyed as required or permitted by law.
Section 8. Management and Administration. The management and
administration of the Common Elements and Limited Common Elements of the Subdivision
and the Association shall be the sole right and responsibility of the Association. The
management shall be carried out in accordance with the terms and conditions of these
Protective Covenants, the Articles of Incorporation and Bylaws of the Association, but may be
delegated or contracted to manager(s) or a management service.
Section 9. Assignment to Association. All water, sewer, land use, stormwater
system, and utility permits, agreements and easements between DECLARANT and any
municipal or governmental agency or department or public or private utility company shall be
assumed by the Association upon the assignment of all such permits, agreements and easements
to the Association by DECLARANT. The Association shall thereafter be responsible for and
assume all duties, obligations, and rights and privileges of DECLARANT under such permits,

agreements and easements, including all maintenance responsibilities.
ARTICLE 6
Covenants for Assessments
Section 1. Creation of the Lien and Personal Obliaatign of Assessments. The
DECLARANT, for each Lot owned within the Properties, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association:
a. General assessments or charges for Common Expenses,
including maintenance of the Stormwater Facilities and
b. Special assessments for capital improvements, or special
assessments as established by the Executive Board, and
c. Individual assessments against a specific Lot or Lots or
Property, as follows: (1) for the payment of Limited Common
Expenses associated with the maintenance, repair, replacement
of a Limited Common Elements as defined in ARTICLE 1
herein against the Lot or Lots to which that Limited Common
Elements is assigned; or (2) any common expense or portion
thereof benefiting fewer than all of the Lots; or (3) to cover the
costs incurred in bringing the Lot into compliance with the
terms of these Protective Covenants, the Articles, Bylaws or
Rules and Regulations of the Association caused by the failure
of Owner to comply with such provisions. The Association,
through its Executive Board, may perform such required tasks
or remedy such matter, or assess a fine for such failure to
comply and may levy the cost of such fine, performance, or
remedy against the Owner(s) and the Owners' Lot or property as
an individual assessment. Individual Assessment levied under
(1) and (2) herein shall be equal as to all Lots subject to such
assessment.
The general, special and individual assessments, together with fees, charges,
late charges, fines, other charges, permitted hereunder or under Chapter 47F of the North
Carolina General Statutes, interest, costs and reasonable attorney's fees, shall be a charge on the
Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each
such assessment, together with interest, costs, late fees and reasonable attorney's fees, shall also
be the personal obligation of the person who was the Owner of such property at the time when
the assessment fell due. The personal obligation for delinquent assessments shall not pass to
any successors in title unless specifically assumed by them.
Section 2. Pumose of Assessments. The assessments levied by the Association

shall be used exclusively to promote the recreation, health, safety and welfare of the residents in
the Properties and for the improvements and maintenance of the Common Elements,
Stonmwater Facilities and Limited Common Elements and to pay the taxes and other municipal
charges or fees of the Common Elements, Stormwater Facilities and Limited Common
Elements.
Section 3. Initial General Assessment. The initial general assessment, due and
payable to the Association, shall be prorated and paid at the time of closing of the purchase of a
Lot by an Owner, so that all payments thereafter shall be due on January 1 of each year or the
due date(s) which may be set by the Executive Board as is more fully set forth in Section b of
this Article. All general assessments shall be fixed to a uniform rate for all Lots.
Section 4. Special AssesIMts for Capital Improvements. In addition to the
general assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to the year only for the purpose of defraying, in whole or in part,
the cost of any construction, reconstruction, repair or replacement of a capital improvement
upon the Common Elements, including easement areas, fixtures, and personal property related
thereto provided that any such assessment shall have the assent of the majority of the votes of
each class of Members who are voting in person or by proxy at a meeting duly called for this
purpose. Special assessments for the maintenance of sewer lines and other Elements of the
sewer system, the drainage and stormwater runoff systems, and other utility systems, as
required by government permits or regulations, may be assessed by the Executive Board
without a vote of the members. All special assessments for capital improvements shall be fixed
to a uniform rate for all Lots.
In addition to the general assessments authorized above, the Association may
levy, in any assessment year, a special assessment applicable to the year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement
of a capital improvement upon a Limited Common Elements, including easement areas,
fixtures, and personal property related thereto provided that any such assessment shall,have the
assent of two-thirds (2/3) of the votes of those Members whose Lots are assigned to the Limited
Common Elements who are voting in person or by proxy at a meeting duly called for this
purpose. Special assessments for the maintenance of sewer lines and other elements of the
sewer system, the drainage and stormwater runoff systems, and other utility systems located in a
Limited Common Elements as required by government permits or regulations, may be assessed
by the Executive Board without a vote of the Members. All special assessments for capital
improvements to such Limited Common Elements shall be fixed to a uniform rate for all Lots
assigned to the Limited Common Elements.
Section 5. Working Capital Assessment. At the time title is conveyed to an
Owner by DECLARANT, each Owner shall contribute to the Association as working capital an
amount equal to the amount of one year's general assessment. Such funds shall be used for
initial operating and capital expenses of the Association, such as prepaid insurance, supplies,
and the Common Elements, furnishings, and equipment, etc. Amounts paid into the working
capital fund are not to be considered as advance payment of regular assessments. All working
capital funds shall become part of the general operating funds of the Association.

Section 6. Notice and Quorum for any_Action Authorized Under Section 4.
Written notice of any meeting called for the purpose of taking any action authorized under
Section 4 shall be sent to all Members not less than ten (10) days nor more than sixty (60) days
in advance of the meeting. At the first such meeting called, the presence of Members or of
proxies entitled to cast ten percent (10%) of all the votes of each class of membership shall
constitute a quorum. The required quorurn at any subsequent meeting shall be one-half (1/2) of
the required quorum at the preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of General Assessments and Due Dates.
The general assessments provided for herein shall commence on the date of conveyance of each
Lot to an Owner other than DECLARANT. The first general assessment shall be adjusted
according to the number of months remaining in the calendar year. The Executive Board shall
fix the amount of the general assessment against each Lot at least thirty (30) days in advance of
each general assessment period. The budget shall be presented to the Members in accordance
with N.C.G.S. §47F-3-103(c). Written notice of each general assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Executive Board. The
Executive Board shall require the general assessments to be paid at least annually, but may
require the general assessments to be paid more often. 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.
Section 8. Effect of Nonpayment of Assessments and Remedies of the
Association. Any assessment, if not paid within thirty (30) days after the date such assessment
is due, together with interest at the maximum rate allowed by law, costs of collection, court
costs, late charges, charges for reasonable attorney's fees and other charges permitted by
statute, including fees, charges and fines, shall constitute a lien against the Lot upon which such
assessments are levied upon filing of record notice of the same in the office of the Clerk of
Superior Court of New Hanover County. The claim of lien filed under this Section shall set
forth the name and address of the Association, the name of the record owner of the Lot at the
time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. The
Association may file a suit to collect such delinquent assessments and charges. The Association
may file Notice of Lis Pendens, bring an action at law against the Owner personally obligated to
pay the same and/or bring an action to foreclose the lien against the property in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the North
Carolina General Statutes. No Owner may waive or otherwise escape liability for the
assessments provided herein by non-use of the Common Elements, the Limited Common
Elements or abandonment of his Lot or for any other reason. Costs and reasonable attorney's
fees shall be awarded to the prevailing party in any action brought pursuant to this Article. An
action brought to enforce a lien pursuant to this Article must be instituted within three (3) years
after the docketing of the claim of lien in the Office of the Clerk of Superior Court of New
Hanover County.
The Association, upon receipt of written request, shall furnish to a Lot Owner
or the Lot Owner's authorized agents a statement setting forth the amount of unpaid

assessments and other charges against a Lot. The statement shall be furnished within ten (10)
business days after receipt of the request and is binding on the Association, the Executive
Board, and every Lot Owner. The Executive Board may establish a reasonable charge for
preparing the statement required in this Section.
Section 9. Subordination of the Lien to Mort ages. The lien under this Article
5 is prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically
including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the
docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real
estate taxes and other governmental assessments and charges against the Lot. This subsection
does not affect the priority of mechanics' or materialmen's liens. Where the holder of a first
mortgage or first deed of trust of record, or other purchaser of a lot obtains title to the Lot as a
result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs,
successors, and assigns, shall not be liable for the assessments against such Lot which became
due prior to the acquisition of title to such lot by such purchaser. Such unpaid assessments shall
be deemed to be common expenses collectible from the Lot Owners including such purchaser,
its heirs, successors and assigns. Unless otherwise provided herein, the sale or transfer of any
Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien
of such assessments as to payments which become 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.
Section 10. Exempt Property. All Properties dedicated to, and accepted by, a
local public authority and all Properties owned by a charitable or nonprofit organization exempt
from taxation by the laws of the State of North Carolina shall be exempt from the assessments
created herein, except no land or improvements devoted to dwelling use shall be exempt from
said assessments.
Section 11. Surplus Funds. Any excess of association income over Common
Expenses, which expenses are defined in ARTICLE 1, Section 5 and which shall include
reasonable reserves, shall be applied against the subsequent tax year's general assessments.
ARTICLE 7
Architectural Control
Section 1. No structures, buildings, or improvements shall be commenced,
erected, or maintained upon the Properties, nor shall any exterior addition to or change or
alteration therein be made, including change of color, until the plans and specifications showing
the nature, kind, shape, heights, materials, and location of the same shall have been submitted
to and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by DECLARANT, or by an Architectural Control
Committee composed of three (3) or more representatives appointed by the DECLARANT.
Structures, buildings and improvements shall include, but not be limited to any dwelling,
garage, fence, wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe,
drainage canal, ditch, swale, catch basin, swimming pool, treehouse, playhouse, sign, flag pole,

exterior illumination, monument or marker, outdoor statuary, exterior lights, security lights,
storm door, well utility facility, mailbox, patio, deck, screening for outdoor trash cans or other
purposes, sprinkler system, driveway, outdoor decorative objects, shrubbery or landscaping. In
the event said DECLARANT, or its designated committee, fails to approve or disapprove such
design and location within thirty (30) days after complete plans and specifications have been
received by it, and notification of receipt of plans and specifications has been sent to the
submitting Owner(s), approval will not be required and this Article will be deemed to have
been fully complied with. DECLARANT shall notify Owner if complete plans and
specifications have not been received. DECLARANT, subject to the provisions of Section 2
hereinafter, may assign these duties to the Executive Board of the Association or to an
Architectural Control Committee composed of three (3) or more representatives appointed by
the Executive Board.
Section 2. All duties and responsibilities conferred upon the Executive Board
or the Architectural Control Committee by these Protective Covenants or the Bylaws of the
Association may be exercised and performed by the DECLARANT or its Designee at its
discretion, so long as DECLARANT shall own any Lot in the Properties or any additions
annexed thereto by Supplemental Protective Covenants or Amendment to these Protective
Covenants.
Section 3. In addition to its duties of review and approval of external harmony
and design, the Committee shall monitor the compliance with all use restrictions, design and
architectural control provisions and conditions and other restrictions. The Committee shall
report such violations as may come to its attention to the DECLARANT or the Association for
appropriate actions of enforcement.
Section 4. The Committee shall be composed of a minimum of three members
of the Association. Until such time as the Committee has been established, the DECLARANT
shall perform the functions as outlined above and elsewhere herein. Where the term "The
Declarant" or "The Committee" have been used, this term shall be construed to mean that only
one of the two entities will perform the duties and function, and when the Committee is
established, that Committee will perform the duties and functions as outlined above. Upon the
appointment and organization of the Committee, the Committee shall adopt such administrative
procedures as will insure the submission, review and approval of any and all buildings and/or
improvements constructed.
Section 5. No construction, which term shall include within its definition
clearing, excavation, grading and other site work, shall take place except in strict compliance
with this Article, and until the approval of the Committee or DECLARANT has been obtained.
Section 6. Since the establishment of standard inflexible building setback lines
in location of homes on Lots tends to force construction of homes directly to the side of other
homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related concerns, no specific setback lines are established by these
protective covenants. In order to assure, however, that the foregoing considerations are given
maximum effect, the DECLARANT reserves the right to select the precise site location of each

house or other structure on each Lot in its sole discretion and to arrange the same in such
manner and for such reasons as the DECLARANT deems sufficient, provided, however, the
DECLARANT shall make such determination so as to insure that the development of the Lots
subject to these PROTECTIVE COVENANTS is consistent with the provisions set forth
herein. The placement of homes is meant to create a sense of spaciousness and to avoid
monotony. For such purposes it is the DECLARANTS intent that setback lines may be
staggered where appropriate. In any event, no house shall be erected closer to the front Lot line
or nearer to any side Lot line than the minimum distances established by applicable
governmental ordinances.
Section 7. Any installation of a drainage pipe must be approved by
DECLARANT or Committee in accordance with the terms of this Article. In addition, all such
installations must comply with all applicable governmental statutes, ordinances and regulations,
including, but not limited to, the State of North Carolina Department of Transportation
standards.
Section 8. All improvements, driveway connections, and plantings,
including, but not limited to, drainage pipes, landscape materials, irrigation systems, walls, and
fences, located within the road right-of-way must meet North Carolina Department of
Transportation ("DOT") specifications and must be approved by DECLARANT or Committee.
Lot Owner shall be responsible for all roadway repairs required because of damage caused by
Lot Owners for failure to comply with this paragraph, whether such damage occurs before or
after the road has been accepted and approved by DOT as a public road. DECLARANT shall
not be responsible for any such roadway repairs.
Section 9. The Committee or DECLARANT shall have jurisdiction over all
original construction on any Lot and later changes or additions after initial approval thereof
together with any modifications, additions or alterations subsequently to be constructed on any
Lot or made to any improvements initially approved, including any exterior change or alteration
and change of color.
Section 10. The Committee or DECLARANT shall have the right to
disapprove any plans, specifications and details submitted to it in the event the same are not in
accordance with any of the provisions of these PROTECTIVE COVENANTS and any
architectural guidelines which may be in effect at the time.
Disapproval of plans, location, specifications or details may be based
upon any grounds, including purely aesthetic considerations which the Committee or
DECLARANT, in its sole and uncontrolled discretion, shall deem sufficient, however, approval
of plans shall not be unreasonably withheld.
An Owner shall have the right to appeal disapproval of plans, location,
specification and details to the Executive Board. The decision by the Executive Board shall be
final and not subject to appeal or review.
Section 11. The Committee, or its agent, or the DECLARANT shall have the

right to inspect all construction to ensure that it is performed in strict accordance with the
approved plans, specifications and details.
Section 12. Nothing contained herein shall be construed to limit the right of an
Owner to remodel the interior of any residence or permitted pertinent structures, or to paint the
interior of the same any color desired.
Section 13. Neither the DECLARANT nor the Committee nor the Executive
Board or any architecture agent thereof shall be responsible in any way for any defects in plans,
specifications or details submitted, revised or approved in accordance with the provisions
contained herein or in the guidelines, nor for any structural or other defect in any construction.
Section 14.Owner(s) shall be responsible for compliance with all applicable
governmental statutes, ordinances and regulations, including, but not limited to, land use,
zoning, and building regulations.
ARTICLE 8
Maintenance. Repairs and Rebuilt
Section I. if, in the opinion of the Association or the DECLARANT, any
Owner shall fail to maintain or repair any Lot, including the slopes down to the edge of the
Stormwater Facilities, owned by him in a manner which is reasonably neat and orderly or shall
fail to keep improvements constructed thereon in a state of repair so as not to be unsightly;
including but not limited to damaged or rundown units that requires maintenance, repairs or
rebuilt, all in the sole opinion of the Association or the DECLARANT, the Association in its
discretion, by the affirmative vote of a majority of the members of the Executive Board, or the
DECLARANT, in its discretion, and following ten (10) days written notice to Owner, may enter
upon and make or cause to be made maintenance, repairs or rebuilt to such improvements and
perform such work on the Lot as the removal of trash, cutting of grass, pruning of shrubbery,
weeding, items of erosion control and whatever is necessary. The Association shall have an
easement for the purpose of accomplishing the foregoing. The reasonable cost incurred by the
Association in rendering all such services, plus a service charge of fifteen percent (1511/6) of
such cost, shall be added to and become an individual assessment to which such Lot is subject
as provided in Article 6 herein.
Section 2. The Owner of each Lot shall keep the Lot mowed and maintained
regularly, including that area from the lot line to the edge of the paved street and clear of any
unsightly objects, and in the event that the Owner of any Lot within the said Subdivision
breaches this restriction, the DECLARANT and Association reserve the right to enter upon the
Lot and mow the grass, clean up the Lot and remove unsightly structures and objects at property
Owner's expense as provided in Section I above. Where Lots border on or contain Stormwater
Facilities, ditches, drainage canals or swales, the Owner of each Lot shall keep that area,
including the slopes, down to the edge of the water, mowed and maintained regularly.
Washouts or erosions on the Lots adjoining ditch banks and swales to pavement shall be
properly tended to by the respective Lot Owner. This obligation and right may be enforced by

the Association or any Owner as provided in Article 12 herein.
Section 3. The Association shall be responsible to maintain the Common
Elements and facilities located upon the Common Elements, Conservation and Buffer Areas,
and areas with similar descriptions, landscaped areas within road right-of-ways, the stormwater
runoff systems, sign easement areas, and fences or other property designated to be maintained
by the Association.
ARTICLE 9
Stormwater Retention Facilities
DEER CROSSING, Phase 1, Section 1 and all future additional phases
and sections of Deer Crossing which are annexed into the Subdivision as provided herein
contain certain stormwater retention facilities, the underlying fee of which is owned by
the Lot Owners as described and identified on the various maps of the Deer Crossing
subdivision recorded in the New Hanover County Registry.
The Declarant hereby reserves unto itself and its successors and assigns
the following easements and rights in, to and over those areas identified as Stormwater
Retention Facilities as shown and described on maps of Deer Crossing Subdivision
recorded in the New Hanover County Registry.
Easement and right to control the water level and water quality and
availability in the Stormwater Retention Facilities to the level required by Stormwater
Permit No. SW8 000245 and any applicable modifications, revisions or additional
permits required by the State of North Carolina.
1. All easements necessary to maintain the Stormwater Retention Facilities and all
easements and areas associated therewith, in compliance with Permit No. SW8
000245 and all modifications thereto including all necessary temporary access
easements for equipment and vehicles over any lot. Declarant shall repair damage
caused by use of any temporary easements. Provided, however, the Declarant shall
not be responsible for repairing any grassed or landscaped areas nor for replacing
any shrubs or trees within any Stormwater Retention Facility which are damaged or
removed in the course of any maintenance performed within such areas.
Furthermore, the Declarant and the Association may cut and create drains and
drainways both above ground and underground for the purpose of facilitating the
removal of surface water whenever such action may appear to be necessary in order
to maintain reasonable standards of health, safety and appearance along, over or
across any Lot.
2. These easements reserved herein expressly include the right to cut any trees, bushes,
shrubs or growth, the grading, cutting or ditching of the soil and any other necessary

action.
3. The right to regulate the use of and access to the Stormwater Retention Facilities by
all persons and entities including Lot Owners, including right to adopt rules and
regulations binding on all Owners regarding the use and/or non-use of the
Stormwater Retention Facilities including setting forth the maintenance
responsibility of the Owners. For example, the Owners shall be responsible for
maintaining that portion of the Stormwater Retention Facilities located upon their
lot which runs from the water line to the easement line as that area may fluctuate
with the rise and fall of the water level in the Stormwater Retention Facilities.
4. The right to assign and transfer Permit No. SW8 000245 and all modifications
thereto including all duties and responsibilities thereunder to the Association. The
Association by and through the members shall be obligated to accept transfer of the
permit and its rights, duties and obligations.
5. Any fence installed by the Declarant or Builder must be maintained in its original
condition and replaced, if required, by the Lot Owner on whose property the fence is
located, except fencing incorporated into an entrance feature of the Association
which shall be maintained by the Association. Any maintenance affecting the
appearance of the fence and the replacement of the fence must be approved by the
Declarant or Association. No fence installed by Declarant or Builder may be
removed without the written consent of the Declarant.
6. The Stormwater Retention Facilities may not be used for irrigation purposes on
individual Lots.
7. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H.1000.
8. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stonnwater management permit.
9. These 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.
10. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
11. The maximum allowance built -upon area per lot is 2650 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,

concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
12. In the case of a lot within CAMA's requlated AEC, where the Division of Coastal
Management calculates a different maximum allowable built -upon area for that lot
than is shown herein, the governing maximum built -upon area for that lot shall be
the most restrictive of the two.
13. This project proposes a curb outlet system. Each desinated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V)
side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow
from a 10 year storm in a non -erosive manner, and maintain a dense vegetated
cover.
14. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the development except for average driveway crossings, is strictly prohibited by
any persons.
15. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
16. All roof drains shall terminate at least 30' from the mean high watermark of surface
waters.
17. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
18. No lot shall be increased in size or otherwise adjust its boundaries by filling in the
waters, ponds, creeks or marshes on which it abuts, other than by natural accretion,
erosion or avulsion, without prior written approval of the Committee or
DECLARANT, and the appropriate state and federal agencies having jurisdiction
over the waters, if applicable.
ARTICLE 10
Res ' c ' ons on Use and Occupancv
Section 1. No Lot shall be used except for single family residential
purposes. No commercial use shall be permitted on any Lot. No structure shall be erected,
placed or permitted to remain on any Lot other than one (1) detached, single family
residence dwelling not to exceed two and one-half stories in height above floor or piling
level and such outbuildings as are usually accessory to a single family residence dwelling,
including a private enclosed garage.

Section 2. Any dwelling constructed on a Lots subject to these Protective
Covenants shall contain not less than 1200 square feet of fully enclosed and heated floor
space all devoted to living purposes (exclusive of roofed or unroofed porches,
breezeways, terraces, porches, steps, walks, garages and any outbuildings). In computing
the number of square feet allowed as provided herein, no square footage in any part of the
dwelling that is constructed over a garage will be counted, unless it is an integral part of
the living space and approved by DECLARANT.
Section 3. All Lots are subject to the State of North Carolina rules and
regulations concerning stormwater runoff as these rules and regulations are amended
from time to time. These regulations currently provide that the Lots shown on that map
recorded in The Phase 1, Section 1, Deer Crossing plat will be restricted to 2650 square
feet covered by structures of impervious materials. Impervious materials include asphalt,
gravel, concrete, brick, stone, slate, or similar material. 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 pavements. Built upon area
includes, but is not limited to, structures, foundation; pavement; concrete; driveways,
including that portion of the driveway located within a street right-of-way, which runs
from the property line to the road pavement; and walkways or patios of brick, stone or
slate, coquina and gravel, marl or stone covered areas, not including raised, open wood
decking, or the water surface of swimming pools. DECLARANT reserves the right to
recalculate the maximum allowable built upon area in accordance with the storm water
runoff rules and regulations of the State of North Carolina and the right to amend these
Protective Covenants to reflect the reallocation, with the concurrence of the Division of
Water Quality. Built -upon area in excess of the permitted amount requires a state
stormwater management permit modification prior to construction. All drainage swales or
drainage patterns used to treat stormwater runoff as required by the State of North
Carolina may not be filled in, piped or changed without the consent of the
DECLARANT, its designee, the Association, or the State of North Carolina and shall be
maintained as set forth in Article 8 herein. For curb and gutter projects, no one may pipe,
fill in, or alter any lot line swale used to meet North Carolina Stormwater Management
Permit requirements. A thirty foot (30') vegetated buffer must be maintained between all
built -upon area and the Mean high Water line of surface waters. 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. The
State of North Carolina and the New Hanover County are hereby made a beneficiary of
these Protective Covenants to the extent necessary to enforce its stormwater runoff
regulations as the same may be amended from time to time. This paragraph cannot be
changed or deleted without the consent of the State of North Carolina.
Section 4. No swimming pool on any Lot shall be placed or constructed
without the approval of the DECLARANT or Committee and shall not be located nearer
than twenty (20) feet from the side or rear lot lines.
Section 5. No Lot or Lots shall be subdivided except to enlarge an

adjoining Lot, but any Lot so enlarged cannot be improved with more than one single
family dwelling. An Owner of a Lot and a portion or all of an adjoining and contiguous
Lot or Lots may construct a dwelling and/or other structures permitted hereunder upon
and across the dividing line of such adjoining and contiguous Lots, and thereafter such
combinations of Lots or portions thereof shall be treated for all purposes under these
Protective Covenants as a single Lot.
Section 6. All Lots, including the area to the water level of the Stormwater
Facilities, shall be well maintained and no accumulation of rubbish or debris shall be
permitted. The Owners of all unbuilt upon Lots in the Subdivision shall clear their Lots
of underbrush at least one time each year. If the Owners do not clear their Lot as required
by this paragraph, the Association shall have the authority to clear any such Lot of
underbrush and separately assess the cost of such work against each Owner. Such charge
shall be an individual assessment against the Owner and his Lot(s) and may be enforced in
accordance with the provisions of Article 6 herein.
Section 7.Owners shall be responsible for any damage done to any streets,
roadways, accessways, Common Elements, Limited Common Elements or property of other
Owners within the Subdivision which may be caused by any Owner, his agents, employees,
guests, licensees or invitees. The Association shall have the authority to assess any Owner for
such damage and such charge shall be an individual assessment against the Owner and his
Lot(s) and may be enforced in accordance with the provisions of Article 6 herein and N.C.G.S.
47F-3-115.
Section 8. The following general prohibitions and requirements shall apply and
control the improvements, maintenance and use of all Lots:
a. No mobile home, trailer, tent, or temporary house, temporary
garage or other temporary outbuildings shall be placed or erected on any Lot, provided,
however, that the Committee or DECLARANT may grant permission for temporary structures
for storage of materials during construction.
b. Once construction of a dwelling or other improvements are
started on any Lot, the improvements must be substantially completed in accordance with the
approved plans and specifications within twelve (12) months from commencement. Failure to
complete construction within twelve (12) months from commencement date may result in a fine
being imposed in the minimum amount of $500.00 per month, which fine shall be payable to
DECLARANT until all Lots in the Subdivision have been sold, at which time the fine shall be
payable to the Association. The fine imposed under this Section shall be an individual
assessment enforceable in accordance with Article 6 herein.
c. During construction of improvements on any Lot, adequate
portable sanitary toilets must be provided for the construction crew.
d. Construction activity on a Lot shall be confined within the
boundaries of said Lot. Each Lot Owner shall have the obligation to collect and dispose of all

rubbish and trash resulting from construction on his Lot.
e. All dwellings and permitted structures erected or placed on any
Lot shall be constructed of material of good grade, quality and appearance, and all construction
shall be performed in good workmanship manner and quality. The covering for all roofs shall
be shingles or materials approved by the Committee or DECLARANT. Materials and colors for
the exterior of all dwellings and permitted structures must be approved by the Committee or
DECLARANT. No used structures shall be relocated or placed on any Lot and no structures
shall have an exterior constructed of asbestos or asphalt siding, aluminum siding, paper
composition, it being intended that only wood siding, manufactured lap siding, vinyl, brick,
claybrick, or stucco exteriors be constructed on Lots subject to these Protective Covenants.
Modular and prefabricated homes may not be erected or placed on any Lot, without approval of
the Committee or DECLARANT.
f. Except structures erected by the DECLARANT, no structure
erected upon any Lot may be used as a model exhibit or model house unless prior written
permission to do so shall have been obtained from the Committee or DECLARANT.
g. Any dwelling or improvement on any Lot that is destroyed in
whole or in part by fire or other casualty shall be either rebuilt or torn down and all debris
removed and the Lot restored to a sightly condition with reasonable promptness, provided,
however, that in no event shall such debris remain on such Lot longer than three (3) months.
h. No stripped, partially wrecked, junk motor vehicle, or part
thereof; or any motor vehicle not displaying a current valid inspection sticker shall be permitted
to be parked or kept on any Lot.
i. Parking of vehicles on any street in the Subdivision shall be
allowed only in accordance with the policy determined by the Executive Board. No truck nor
other vehicle in excess of a three-quarter (314) ton load capacity, boat, vessel, motorboat,
camper, trailer, motor or mobile home, or similar type vehicle or apparatus shall be parked or
kept overnight or longer, on any street or on any Lot unless it is stored in an enclosed garage
and in such a manner as to not be visible to the Owners of other Lots or the users of a street or
recreation area. Temporary exceptions to this provision may be granted to individual Lot
Owners by the Executive Board at its sole discretion. No customized vehicles which are
unsightly in appearance as determined by the Executive Board or the DECLARANT shall be
allowed.
j. No outdoor poles, clotheslines and similar equipment shall be
erected or located upon any Lot.
k. All trash receptacles and garbage cans shall be screened so as
not to be visible by the Owners of other Lots or the users of any street or recreation area. All
such screening shall be approved by the DECLARANT or the Committee.
I. No fuel tanks or similar storage receptacles may be exposed to

view. The placement of any such receptacles may be approved by the Committee or
DECLARANT and may only be located within the main dwelling house, within an accessory
building, within a screened area, or buried underground.
M. There shall be no discharging of firearms, guns, pistols or
explosive devices of any kind, caliber, type (including pellet guns), or method of propulsion;
and no hunting of any type shall be carried on or conducted on the property of any owner or
within the Subdivision except as shall be explicitly approved in writing by the Committee or
DECLARANT. Fireworks are prohibited except for properly supervised displays explicitly
approved in writing by the Committee or DECLARANT.
n. No advertising signs or billboards or other advertising
structure(s) of any kind shall be erected on any Lot or displayed to the public on any Lot subject
to these restrictions except that one sign of not more than six square feet in area may be used to
advertise a completed dwelling for sale or rent. No "For Sale" signs are allowed on any vacant
Lots except with approval by DECLARANT or Committee. This covenant shall not apply to
signs erected by the DECLARANT used to identify and advertise the Subdivision as a whole,
or construction identification signs approved by the Committee or DECLARANT showing Lot
numbers and name of builder, or for a homeowner for the purposes of identifying the
homeowner as the resident on said Lot. Said identification sign shall not exceed in size a total
of six square feet. All signs permitted by these Protective Covenants must be approved by
DECLARANT or Committee.
o. No outside antennas or satellite dishes shall be erected on any
Lot or structure unless and until permission for the same has been granted by the Committee or
DECLARANT in accordance with applicable governmental regulations. The Committee or
DECLARANT may permit satellite dishes up to 18 inches in diameter on a case -by -case basis;
however no dish will be allowed to be installed on a roof of a house or accessory building.
P. All dwelling connections for all utilities, including, but not
limited to, water, electricity, gas, telephone, and television shall be run underground from the
proper connecting points to the dwelling structure in such manner as may be acceptable to the
appropriate utility authority. The cost for such underground service shall be shared by the
Owner and utility company in conformity with existing utility company policy, if any.
q. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
provided farther that they are not allowed to run free and are at all times properly leashed and
personally escorted and shall not become a nuisance or bother to other Owners. No animals,
livestock or poultry of any kind may be raised, bred or kept in any Common Elements or
Limited Common Elements. Pets must be restrained or confined within the Lot. Owners must
promptly remove any and all animal excrement from any and all Common Elements, Limited
Common Elements and Lot(s) and keep such area(s) clean and free of pet debris. All animals
must be properly tagged for identification.

r. No fence shall be erected or hedge grown on any Lot unless
approved by the DECLARANT or Committee in accordance with Article 7 herein. Fences
facing or parallel to the street shall be wood construction or other material approved by
DECLARANT or Committee. No fence and no hedge shall be permitted to attach to the front
corner of the house unless extenuating circumstances exist and approval is granted by
DECLARANT or Committee. All fences constructed hereunder, including fences installed by
the builder, shall be maintained in its original condition by the Lot Owner.
S. No immoral, improper, illegal, noxious or offensive activity
shall be carried on upon any Lot, nor shall anything be done thereof tending to cause
embarrassment, discomfort, annoyance or nuisance to the DECLARANT or any Owners. There
shall not be maintained any plants or animals, or device or anything of any sort whose normal
activities or existence are in any way noxious, dangerous, unsightly, unpleasant or of a nature as
may diminish or destroy the enjoyment of other property in the neighborhood by the Owners
thereof. All laws, orders, rules, regulations, ordinances or requirements of any government
agency having jurisdiction thereof; relating to any parties of the property, shall be complied
with, by or at the sole expense of Owner or the Association, whichever shall have the obligation
to maintain or repair such portion of the property.
t. No outdoor statuary or other decorative objects may be placed
on any Lot without the written approval of the DECLARANT or the Committee.
U. Burning as a means of clearing brush shalt not be permitted.
Burning may be allowed under appropriate circumstances if approved by the DECLARANT or
the Committee and the Owner has obtained all necessary government permits.
V. No yard sales or garage sales shall be permitted upon any Lot in
this Subdivision, unless the Executive Board designates a maximum of two community -wide
yard sale dates per year.
W. In certain instances, conservation areas or green ways, or
vegetated buffers may be conveyed with a Lot to an Owner. Such areas are for conservation
purposes and as such, not for Owner's private use. No fences or structures of any type may be
erected in said areas and no type of vegetation may be removed.
Notwithstanding the foregoing, any area identified as a
Conservation or Buffer Area on any map or revision of lots map of SUBDIVISION may be
conveyed with a Lot or Lots in said Subdivision or may be conveyed to one or more Lot
Owners, or may be conveyed to the Association in said Subdivision. These area(s) are for
conservation or buffer purposes and, as such, not for the Owner(s)' private use. No structures
other than those fences, signs, entranceway structures, landscaping or similar construction by
the DECLARANT shall be permitted in these Area(s). In the case of conveyance of a
Conservation or Buffer Area as set forth herein the Association shall have an easement to go
upon the Area(s) to maintain such Areas. DECLARANT and Association further reserve the
right and an easement to change, reconstruct or construct any fences, signs, entranceway
structures, landscaping or the equivalent in and over the Conservation or Buffer Area(s).

If Owner(s), his agents, guests, lessees or licensees shall in any
way disturb or damage any vegetation or structure, including fences and signs located in any
Conservation or Buffer Area, as determined by the Executive Board, the Executive Board may
impose a fine in the minimum amount of $2,500.00, which fine shall be payable to the
Association. The Association shall pay $500.00 of this fine to DECLARANT until all Lots in
the Subdivision have been sold. In addition, the Owner(s) shall be required to install
replacement plant materials and/or restore any structure or pay for the cost of replacement for
restoration by the Executive Board within 30 days of notification by the Executive Board.
X. Nothing shall be kept and no activity shall be carried on in any
building or home or on the Common Elements or Limited Common Elements which will
increase the rate of insurance, applicable to residential use, for the property or the contents
thereof No Owner shall do or keep anything, nor cause or allow anything to be done or kept, in
his home or on the Common Elements or Limited Common Elements which will result in the
cancellation of insurance on any portion of the property, or the contents thereof or which will be
in violation of any law, ordinance, or regulation. No waste shall be committed on any portion of
the Common Elements or Limited Common Elements.
Y. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Elements or Limited Common Elements
except at the direction of and with the express written consent of the Association or
DECLARANT.
Z. The Common Elements or Limited Common Elements shall 9�
used only for the purposes for which they are intended and reasonably suited and which are
incident to the use and occupancy of the homes, subject to any rules or regulations that may be
adopted by the Association pursuant to its Bylaws.
aa. All lawn mowers, bicycles, toys, grills and other similar objects
must be stored when not in use so as not to be visible by the Owners of other Lots or the users
of any street or recreation area.
bb. All wells and pumps which are permitted under the terms of
Article 14, Section 1 must be located so as not to be visible from any street or recreation area or
Common Elements and must be screened from view. The design and location of the well,
pump, and screening facilities shall be approved by the DECLARANT or Committee and the
well, pump and screening facilities must be kept free from discoloration, including rust.
cc. DECLARANT does not grant permission or recommend that any
material be buried on any Lot in DEER CROSSING, including, but not limited to any easement
area, Common Elements, Limited Common Elements, or area where any structure shall be
constructed. If any material is buried on any Lot, it is recommended that all subsequent
purchasers be advised of the location and type of material(s) deposited. No hazardous, illegal,
or governmental regulated material(s) shall be deposited on any Lot in DEER CROSSING.

Section 9. This Article and these PROTECTIVE COVENANTS shall not
apply to any sales office which may be maintained by the DECLARANT within the DEER
CROSSING SUBDIVISION.
ARTICLE 1 I
Annexation of Additional Properties
Section 1. Except as provided in Sections 2 and 3, below, annexation of
additional property shall require the assent of two-thirds (2/3) of the Class A Members, if any,
at a meeting duly called for this purpose, written notice of which shall be sent to all Members
not less than ten (10) days nor more than sixty (60) days in advance of the meeting.
Section 2. If the DECLARANT, its successors or assigns, shall develop all or
any portion of any land which is located within a 1 mile radius of and is adjacent to or
contiguous with that property described in The Phase 1, Section 1, Deer Crossing plat. Such
additional tract or tracts may be annexed to said Properties without the assent of the Class A
Members, provided however, the development of the additional tract or tracts described in this
section shall be in accordance with the same general scheme of development as DEER
CROSSING.
Section 3. The rights of DECLARANT reserved in Article 3 shall expire on
December 31, 2027, if not exercised prior thereto.
ARTICLE 12
Compliance with these Protective Covenants, the Articles
and the Bylaws of the Associ tion
In the case of failure of an Owner or occupant to comply with the terms and
provisions contained in these Protective Covenants, the Articles, the Bylaws or Rules and
Regulations of the Association, the following relief shall be available:
Section 1. The Association, the DECLARANT and any Owner, an aggrieved
Owner within the Subdivision on behalf of the Association or any Owner on behalf of all the
Owners within the Subdivision shall have the right to enforce by any proceeding at law or in
equity, all of the conditions, covenants and restrictions of these Protective Covenants and the
Articles, Bylaws and rules and regulations of the Association and any and all laws hereinafter
imposed pursuant to the terms of these Protective Covenants. The prevailing patty shall be
entitled to collect all costs thereof, including reasonable attorney's fees as determined by the
Court.

Section 2. The Association shall have the right to remedy the violation and
assess the costs of remedying same against the offending Owner as an individual assessment as
provided in Article 6 herein.
Section 3. For any violation by an Owner, including, but not limited to, the
nonpayment of any general, special or individual assessment, the Association shall have the
right to suspend the offending Owners voting rights and the use by such Owner, his agents,
lessees, employees, licensees and invitees of the Common Elements or Limited Common
Elements in the Subdivision for any period during which a violation continues except that such
penalties may not be for more than sixty (60) days for violation of any of the Association's
published rules and regulations. Within five (5) days of the date written notification is sent by
the Association to Owner informing Owner of the suspension of his rights in accordance with
this Section, Owner may request, in writing, an appeal to the Executive Board. The Executive
Board shall set a date for the hearing, which hearing may be conducted over the telephone at the
discretion of the Executive Board, and the Owner shall be given an opportunity to be heard and
to present evidence at such hearing. The Executive Board shall notify Owner of its decision
within thirty (30) days of the hearing. The suspension shall remain in effect during the
pendency of the appeals process.
Section 4. The Association may establish a schedule of fines for the violation
of these Protective Covenants, the Articles, Bylaws and rules and regulations. Within five (5)
days of the date written notification is sent by the Association to Owner informing Owner of the
imposition of the fine in accordance with the schedule of fines established by the Association in
accordance with this Section, Owner may request, in writing, an appeal to the Executive Board.
The Executive Board shall set a date for the hearing, which hearing may be conducted over the
telephone at the discretion of the Executive Board, and the Owner shall be given an opportunity
to be heard and to present evidence at such hearing. The Executive Board shall notify Owner of
its decision within thirty (30) days of the hearing. The fine shall continue to accrue and remain
in full force and effect during the pendency of the appeals process. If an Owner does not pay the
fine within 15 days of the imposition of the fine, the fine shall be an individual assessment
against the property and may be enforced by the Association in accordance with Article 6
herein. If the Owner prevails at the appeals hearing and the fine is removed, the Association
shall remove and cancel any lien of record filed in accordance with this Section.
Section 5. All rights, remedies and procedures mandated, required or permitted
by Chapter 47F of the North Carolina General Statutes unless these Protective Covenants
provide otherwise.
Section 6. The remedies provided by this Article are cumulative, and are in
addition to any other remedies provided by law.
Section 7. The failure of the Association or any person or Owner to enforce any
restriction contained in these Protective Covenants, the Articles, the Bylaws or the rules and
regulations shall not be deemed a waiver of the right to do so thereafter.

ARTICLE 13
Duration. Amendment & Termination
Section 1. Lots. Persons and Entities Subject to the Protective Covenants. All
present and future Owners, tenants, and occupants of Lots and their guests or invitees, licensees,
employees or agents, shall be subject to, and shall comply with the covenants, conditions,
restrictions and affirmative obligations set forth in these Protective Covenants, and as the
Protective Covenants may be amended from time to time. The Acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of these Protective Covenants are accepted and
ratified by such Owner, tenant or occupant and that they will fully comply with the terms and
conditions of said Protective Covenants. The covenants, conditions, restrictions, and affirmative
obligations of these Protective Covenants shall inure to the benefit of and be enforceable by the
Association, or the Owner of any Lot, their respective legal representatives, heirs, successors
and assigns, for a term of twenty (20) years from the date these Protective Covenants are
recorded in the New Hanover County Registry, after which date these Protective Covenants
shall be extended for successive periods of twenty (20) years, unless eighty percent (800/0) of
the then Owners agree to revoke the same, and the covenants, restrictions, conditions and
affirmative obligations of these Protective Covenants shall run with and bind the land and shall
bind any person having at any time any interest or estate in any Lot as though such provision
were made a part of each and every deed of conveyance or lease.
Section 2. Amendment. At any time prior to December 31 ,2027 or until all
Lots are sold, these Protective Covenants may be amended by DECLARANT in its discretion.
Retention of this right by the DECLARANT is not intended to affect the general or common
scheme of development for the property herein described but to correct and/or modify situations
or circumstances which may arise during the course of development. These Protective
Covenants may also be amended by vote of not less than sixty-seven percent (67%) of the
Owners and an instrument must be recorded at the New Hanover County Registry for such an
amendment to be effective. In no event may the Protective Covenants be amended so as to alter
any obligation to pay ad valorem taxes or assessments for public improvements, as herein
provided, or affect any lien for the payment thereof established herein, or so as to deprive
DECLARANT, its designee or successors and assigns of any rights herein granted or reserved
unto DECLARANT. In addition, the DECLARANT may amend these Protective Covenants to
annex additional property and make it subject to the terms, conditions, restrictions, obligations
and covenants of these Protective Covenants as provided in Article 3 and Article 11 herein.
ARTICLE 14
General Provisions
Section 1. Municipal Water Sewer Service and Utilities. Municipal sewer
service shall be provided by New Hanover County or other municipal agency or department.
Water service for the Subdivision may be provided by a municipal agency or department, or by
licensed utility company. If water service to the Lot is available from a municipal agency or

department or a licensed utility company, all Owner(s) must tie into and use such system and
shall not use a private well. No private well shall be permitted on any Lot except for irrigation
purposes or if municipal or community water service is not available. DECLARANT shall not
be responsible for loss of service or failure of any utility company to provide service to any Lot.
A well for irrigation purposes shall only be allowed with the approval of any private community
water system, which approval shall not be unreasonably withheld, and the consent of the
DECLARANT or Committee.
Section 2. Amenities and Facilities. Every park, recreation area, recreation
facility, dedicated access and other amenities appurtenant to the Subdivision, whether or not
shown and delineated on any recorded plat of the Subdivision, shall be considered private and
for the sole and exclusive use of the Owners of Lots within the Subdivision. Neither
DECLARANT'S execution nor the recording of any plat nor any other act of DECLARANT
with respect to such area is, or is intended to be, or shall be construed as a dedication to the
public of any such areas, facilities, or amenities.
Section 3. HUD/VA Approval. Annexation of additional properties,
dedication of Common Elements(s), and amendment of these restrictions requires HUDNA
approval as long as there is a Class B. Membership.
Section 4. Waiver. No provision contained in these Protective Covenants, the
Articles of Incorporation or the Bylaws of the Association 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.
Section 5. Variances. The Executive Board or DECLARANT in its discretion
may allow reasonable variances and adjustments of these Protective Covenants 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.
Section b. Conflict. In the event of any irreconcilable conflict between these
Protective Covenants and the Bylaws of the Association, the provisions of these Protective
Covenants shall control.
Section 7. Severability. Invalidation of any one of these covenants or
restrictions by judgment or any court, agency or legislative order shall in no way affect any
other provision, covenants, conditions or restrictions contained in these Protective Covenants.
Section 8. Captions. The captions preceding the various Articles of these
Protective Covenants are for the convenience of reference only, and shall not be used as an aid
in interpretation or construction of these Protective Covenants. As used herein, the singular
includes the plural and where there is more than one Owner of a Lot, said Owners are jointly
and severally liable for the obligations herein imposed. Throughout these Protective Covenants,

references to the masculine shall be deemed to include the feminine, the feminine to include the
masculine and the neuter to include the masculine and feminine.
Section 9. Assignability off Rights and Liabilities. DECLARANT shall have the
right to sell, lease, transfer, assign, license and in any manner alienate or dispose of any rights,
interests and liabilities retained, accruing and reserved to it by these Protective Covenants.
Following any such disposition, DECLARANT in no way shall be liable or responsible to any
patty with regard to any such right, interest, or liability or any claim or claims arising out of
same in any manner.
Section 10. Liberal Construction. The provisions of these Protective Covenants
shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple
ownership of Lots and buildings 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 the rights and easements equivalent to those of other
Owners.
IN WITNESS WHEREOF, Home Life, Inc., the DECLARANT, has caused this instrument to
be executed by its proper corporate officers, all as of the day and year first above written.
HOME LIFE, INC.
BY:
40M i vNj- Q0 n K) i
President
NORTH CAROLINA
NEW HANOVER CO
I, 21A& L Z44&LQ a Notary Public of the State and County
aforesaid, certify that ilson Ki personally came before me this day and acknowledged that he
is President of Home Life, Inc., a North Carolina corporation, and that by authority duly given
and as the act of the corporation, the foregoing instrument was signed in its name by its
president, sealed with its corporate seal, and attested by her/himself as its
secretary.
WITNESS my hand and official seal this day of %,,, )ne , 2010.
..�• gyp, L.1�j
Notary Public
B L1G:' 2
My commission expires: y,� ''• . J�'�'
COVER GO

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
Recorder:
WILMINGTON, NC 28401
061011201012:10:32 PM
RE 5488 Page: 2656-2688
2010014807
33 PGS $107.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010014807*
2010014807

Z
1�
,I M BY & RETURN TO:
P 0 Box 12615
VU2V11 TGTON, NC 2M
STATE OF NORTH CAROUNA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 1 SECTION 2
�!1116LI!1111111
SFOR REGISTRATION REGISTER OF pMp;
NIFER H. MACNEISH
2010 OCT08 04 l5Yf4 M
BK:5516 PG; 2305-2307 FEE; $17.00
ISTRi r 111126351
1. � JUL 3 1 2020
BY. -
THESE PROTECTIVE COVENANTS made this theIlLday of
2010, b1r Home Life, Inc., a North Carolina L�orporation, its successors an assigns,
whether one or more, hereinafter referred to as "Declarant'.
WJTNESSETH:
WHEREAS Home Life, Inc., was the original Declarant of the properly
known as "Deer Crossing Phase 1 Section 1", a map of same being recorded in
Map Book 55 at Page 131 of the New Hanover County, North Carolina, Registry;
and
WHEREAS Home Life, Inc., recorded certain protective covenants of Deer
Crossin appUcabye to Phase 1 Section I, which are recorded in Book 548t3 at page
2656 0" New Hanover County, North Carolina, Registry, (herein the "Protective
Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop
and annex additional land and matte the same subject to Protective Covenants by
an Amendment to the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its
discretion until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lying adjacent
b Phase 1 Section 1 of Deer Crossing, which steal be knvwn as Deer Crossing Phase 1
Section 2

NOW, THEREFORE, the Declarant does hereby amend the Protective
Covenants as follows:
1. 141+ ntiakinsuper to said Protective Covenanrts and annexing
thereto, the owing scribed properties:
Being all of Deer Crossing Phase 1 Section 2, and as shown on a
map thereof duly recorded in Map Book at Page of the
New Hanover County, North Carolina, Registry, reference to which
map is hereby made for a more particular description.
Except as amended, the aforesaid Protective Covenants of Deer Crossing
Phase I Section 1, shall be, and remain in full force and effect.
IN W TNESS WHEREOF, Home Lille, Inc., the Dedarant, has caused this instrument to
be exec iAW by its President as of the day and year first written.
HOMES, ANC.
Wilson IQ
State of North Carolina
County 4NNHanover
a Notary Public in and for the Slate and County.
aforesaid, dby certify that Wilson Kl, President, of HOME LIFE, INC.,
person* appeared before me this date, and acknowledged the due execution of the
foregoir.S instrument
WITNESS my hand and Notarial Seal, this ,_ —day 2010.
otary Public
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JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 10108/2010 04:15:14 PM
Book: RE 5516 Page: 2306-2307
Document No.: 2010028351
3 PGS $17.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010028351 *
20/002835/

2010036115
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HMOVER COUNTY NC
2010 DEC 15 04:11:4 PM
BK:5533 PG:580-582 FEE:$17.00
1 TEW I N11336116
PRF.PAREDBY S& RETURN TO.
Wilson Ki
POB=12615
Rm.11UNGT0N, NC z8405;...:
STATE OF NORTH CAROUNA I' JUL 2020
ODUNTYOFNEV HANOVER Lvd
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE I SECTION 3
THESE PROTECTIVE COVENANTS made this the I� y of
2010, by Home Life, Inc., a North Carolina Corporation, its successors and a—sstigns;
whether one or more, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS Home Life, Inc, was the original Declarant of the property
known as "Deer brossinngg Phase 1 Section 1", a nS map of same being recrorded in
Wla 212 Book 55 at Page of the New Hanover County, North Carolina, Registry;
a
WHEREAS Home Life, Inc., recorded certain protective covenants of Deer
Crossing appla:abtie to Phase 1 Section I, which are recorded in Book 6488 at page
2B5ti ottte New Hanover County, North Carolina, Registry, (herein the "Protective
Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its sucoessors and assigns, has the right to develop
and annex additional land and make the same subject to Protective Covenants by
an Amendment to the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its
discretion until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lying adjacent
b Phase 1 Section 1 of Deer Crossing, which shag be known as Deer Crossing Phase 1
Section a

NOW, THEREFORE, the Declarant does hereby amend the Protective
Covenants as follows:
there, the tsmorrAin sc� ec to ergotective Covenants and annexing
Being all of Deer Crossing Phase 1 Section 3, and as shown on a
map thereof duly recorded in Map Book 4C6— at Page X7 Z of the
New Hanover County, North Carolina, Registry, reference to which
map Is hereby made for a more particular description.
Except as amended, the aforesaid Protective Covenants of Deer Crossing
Phase I Section 1, shall be, and remain in full force and effect.
IN Wf TNESS WHEREOF, Home life, inc., the DsdarcK has caused this instrument to
be executed by its President as of the day and year first written.
HOME LIFE, INC.
Wilson iU
Stale of North Carolina
County of New Hanover
I, QqaV=Q„ p Notary Public In and for the State and County.
aforesaid, do hereby certify that Wilson IQ, President, of HOME LIFE, INC.,
personally appeared before me this date, and acknowledged the due execution of the
foregoing instrument
WITNESS my hand and Notarial Seal, this the 15*b of 010.
W,;a
0 lot ..
s N-OTARIr 7t.
•�//7f11fIN{h/�a���
Notary Public
11-30-C-41)

oONTY.�
E 0
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
*#!!Y!ltlYt#1ti**!**!t4*t!t*itlltYit!!*#*t!*ttltilti*lfltR!*t**i#t#YYYIt!#tot#1t*1t#Y!#!!#**!#ti#tlltilti**!**i*Yilt!#t#
Filed For Registration: 12115/2010 04:11:40 PM
Book: RE 5533 Page: 560-582
Document No.: 2010036115
3 PGS $17.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010036115*
2010036115

�1
gY:
PREPARED BY & RETURN TO
7WILsoiiKi
POBox12615
WU- IINGTON, NC 25405
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 1 SECTION 4
2011017612
SFOR REGISTRATION REGISTER OF DEED'
JENNIFER H MACNEISH
NEW HRNOVER COUNTY, NC
2011 JUN 2911:59 56 AM
BK 5571 PG 2152-2154 FEE $17 00
INS119112111112
THESE PROTECTIVE COVENANTS, made this the 2 9 day of StAk�L 2011,
by Home Life, Inc , a North Carolina Corporation, its successors and asslgnstw Tie er one
or more, hereinafter referred to as "Declarant"
WITNESSETH
WHEREAS, Home Life, Inc, was the ongmal Declarant of the pro known as
"Deer Crossing Phase 1 Section 1", a map of same being recorded in Map Book 55 at Page
212 of the New Hanover County, North Carolina, Registry, and
WHEREAS, Home Life, Inc, recorded certain protective covenants of Deer Crossing
applicable to Phase l Sechan I, which are recorded m Book 5488 at page 2656 of the New
Hanover Caimty, North Carolina, RsgISg, (herein the "Protective Covenants"), and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declares or its successors and assigns, has the nght to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027, and
WHEREAS, the Declarant has developed additional lots lying atawtb Phase
1 Smtm l ofDeer Cmssa g which shall be known as DeerChm g Phase 1 Secum 4

NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as
follows
1 Now making subject to said Protective Covenants and annexing thereto, the
following described properties
Being all of Deer Crossing Phase 1 Section 4, and as shown on a map
thereof duly recorded in Map Book .�`6 at Page � of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect
IN WITNESS WH MMF, Hama Iafe, Inc,, the Deciaiari has caiueddo instrument to be
executed by its Presxlent as of the day and year fast written
HOME LIFE, INC
By f,J. Is-,
Wilson Ki
State ofNorth Carolina
Coanty ofNNe+wlHa hover
I, J IA•KU a Notary Public in and for the State and County aforesaid,
do hereby that Wilson Ki, President, of HOME LIFE, INC, personally appeal
before nie this date, and acknowledged the due execution of the foregoing instrument
��_
, tV ` .
WITNESS my hand and Notarial Seal, this the;0_ day of 2011 G 1 U a
4 %
Notary Public �'�aygN0li�P .a`'�

JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
•*•x*r,e,�ar�*,�r*#*�t*,e�*i*+��r**rrr*vrr�e+r�*a*+t**� �s►r,►�,rye**�r��*�e,�,►*��r�t+ra+r*+c+�+nt,r+rs�+rs�,e���sr.r,ear*��,a*rr**+ts##+e��,►+erx,e**��,r�r*
Filed For Registration -
Book
Document No.:
Recorder.
06/29/2011 11.59.56 AM
RE 5571 Page' 2152-2154
2011017612
3 PGS $17.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2011017612*
2011017612

g,1111111110vi
PREPARED BY & RETURN TO
Wilson Ki
P O Box 12615
VtM14'TNO NI, NC 29445
STATE OF NORTH CAROUNA
COUNTY OFNEW HANOVER
JUL 3 1 20M
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE I SECTION 5
SFOR REGISTRATION REGISTER OF DEED'
NEWNHRNOVER COUNCH
TYISNC
2012 JUN 22 12 36 k PM
BK 5649 PG 2736-2738 FEE $26 00
nmv PROTECTIVE COVENANTS, made this the2-Z day of 3uf` 2012,
by Horne Life, Inc, a North Carolina Corporation, Its successors and asslgns�"' wWetfier o;
or more, hereinafter referred to as 'Declarant"
WITNESSETH
WHEREAS, Home Life, Inc, was the original Declarant of the property known as
"Deer Crossng Phase 1 Section 1" a map of same being recorded in Map Book 55 at Page
212 of the NeiwHanover County, Worth Carolina, Registry, and
WHEREAS, Home Life Inc, recorded certain protective covenants of Deer Crossing
applicable to Phase 1 Section � which are recorded in Book 5488 at page 2656 of the New
Hawver County, North Carolina, Registry, (herein the "Protective Covenants"), and
WHEFYAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional laxtd and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants m its discretion
until December 31, 2027, and
WHEREAS, the Declarant has developed additional lots lyngadjacmittoPhase
1Section 1ofDeerCam mg whichdMbelmownasDeerCbi=igPhase1Sectico

NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as
follows
1 Now making subject to said Protective Covenants and annexing thereto, the
following described properties
Being all of Deer Crossing Phase 1 Section 5, and as shown on a map
thereof duly recorded in Map Book El_ at Page 16 of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect
1NVVHNMSVIHBREOF,Homl*lm,imDmbjat,h3scauseddw msttumenttobe
exmuwd by its Prestdem as of fie day and year fast wnum
HOME LIFE, INC
By, t� 4 S o
Wilson Ki
State of North Carolina
CountyofNewHanover
I��(h Notary Public in and for the State and County aforesaid,
do hereby certify that Wilson Kr, President, of HOME LIFE, INC, personally appeared
before me this date, and acknowledged the due execution of the foregoing instrument
L �9,C
Wl'TNESS my hand and Notarial Seal, this o 2012 7cor "` : 'Q
�- U =
My CotvwUt:tS &Kp i<s: lu�G3�ao►�- Notary Public m� 'G -� 3 L X G -
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JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration. 061221201212.36:06 PM
Book. RE 6649 Page: 2736-2738
Document No: 2012020889
3 PGS $26.00
Recorder JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2012020889*
2012020889

Book 6043 Page 716
%-�) I- c) I- L) 3b -
BK: RB 6043
ullllllu�lll��lIIIIIII1ull�II�I�II
Ci' 0 RECORDED:DED:
RECORDED:
2017007707 NC FEE $26.00
03-14-2017
NEW HANOVER COUNTY, NC
11:47:39 AM
TAMMY THEUSCH BEASLEY
BY: STEPHANIE PEREZ REGISTER of DEEDS
DEPUTY
h1
PREPARED BY 8c RETURN TO:
Wilson Ki
1804 Martin Luther King Pmkway #209
DURHAM, NC 27707 ' fLIL
all
STATE OF NORTH CAROLINA'
COUNTY OFNEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 2 SECTION 7
THESE PROTECTIVE COVENANTS, made this the I day. of 14.0cA
2017, by Home Life, Ina, a North Carolina Corporation, its successors and assigns, w�Tt her'
one or more, her
referred to as "Declarant".
WITNESSETH: .
WHERFJAS, Home Life, Inc., was the original Declarant of the property known as
"Deer Crossing Phase 1, Section I" a map of same being recorded in Map Book 55 at Page
212 of the New Hanover County, North Carolina, Registry; and
WHEREAS, Home Life Inc., recorded certain protective covenants of Deer Crossing
applicable to Phase I Section Z which are recorded in Book 5488 at page 2656 of the New
Hanover County, North Carolina, Registry, (herein the "Protective Covenants'); and
•WHEREAS, in accordance with Article 3 and Article 11, of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lying adjacenttoPhase
1 Section 1 ofDeer Glossing, which shall be known as Deer Glossing Phase 2 Sectien 7.

Book 6043 Page 717
NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants
and exclusively apply to DeerCrossing Phase 2 as follows:
1. Now making subject to said Protective Covenants and annexing thereto, the
following described properties:
Being all of Deer Crossing Phase 2 Section 7, and as shown on a map
thereof duly recorded in Map Book 6 Z at Page 37 Y of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description.
WHEREAS, Rustling Leaves- Way referenced in the map of Deer
Crossing Phase 2 Section 7 is a private road and is subjected to assessment
under ARTICLE 6 section 1 (c). Deer Crossing Phase 2 Section 7 members
will pay for these assessments.
WHEREAS, the DECLARANT desires to restate Article 4, Section 5.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 4, Section 5 is hereby amended by adding the following sentence:
"The ten (10) feet drainage and utility easement is centered on the lot lines when the lot
line is between two lots, or a ten (10) feet wide easement parallel to the Iot line, ten (10)
feet being measured from the house closest to the lot line when a house is built closer
than five (5) feet to the lot line."
WHEREAS, the DECLARANT desires to restate Article 7, Section 7.
NOW, THEREFORE, the DECLARANT does- hereby amend the Protective
Covenants as follows:
Article 7, Section 7 is hereby restate as follows:
"Any installation of a drainage pipe must be approved by DECLARANT
or Committee in accordance with the terms of this Article. In addition, all
such installations must comply with all applicable governmental statutes,
ordinances and regulations"
WHEREAS, the DECLARANT desires to restate Article 7, Section 8.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 7, Section 8 is hereby restate as follows:
"All improvements, driveway connections, and plantings, including, but not
limited to; drainage pipes, landscape materials, irrigation systems, walls, and fences,
located within the road right-of-way must be approved by DECLARANT or Committee
as the right-of-way is private. Lot Owner shall be responsible for all roadway repairs
required because of damage caused by Lot Owners for failure to comply with this
paragraph. DECLARANT shall not be responsible for any such roadway repairs."
Article 9 item 7 —17 is hereby restate as follows:
7. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H.1000.

Book 6043 Page 718
.8. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management Permit.
9. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
10. 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.
11. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
12. The maximum built upon area per lot is 2430 SF. This allotted amount
includes any built upon area constructed within the Iot 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.
13. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development, except for average driveway crossings, is strictly
prolu'bited by any persons.
14. •For those lots adjacent to surface waters, each lot will maintain a minimum 50
foot wide vegetated buffer adjacent surface waters.
15. All roof drains shall terminate at least 50 feet from surface waters.
16. Any individual or entity found to be in noncompliance with the provisions of
the stormwater management permit or the requirements of the stormwater rules found in
15A NCAC 02H.1000 and Session Law 2008-211, is subject to enforcement procedures
as set forth in N.C.G.S. 143, Article 21.
Article 9 item 17 is deleted.
WHEREAS, the DECLARANT desires to restate Article 6, Section 7.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 6, Section 7 is hereby restate as follows:
Article 6 Section 7. Date of Commencement of General Assessments and Due
Dates. is restated as follows:
The general assessments provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than DECLARANT or a builder approved by
the Declarant; provided, .however, assessments shall commence on Lots containing
occupied residences that are owned by Declarant or any builder on the first day of the
month following the occupancy the residence located on such Lot for residential
purposes. The first general assessment shall be adjusted according to the number of
months remaining in the calendar year. The Executive Board shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general
assessment period. The budget shall be presented to the Members in accordance with
N.C.G.S. §47F-3-103(c). Written notice of each general assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Executive Board. The

Book 6043 Page 719
Executive Board shall require the general assessments to be paid at least annually, but
may require the general assessments to be paid more often. 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.
WHEREAS, the DECLARANT desires to amend Article 10, Section 8 q to
clarify what animals is allowed in Deer Crossing.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 10, Section 8 q is hereby replaced as follows:
"No animals, livestock or poultry of any kind shall
be kept or maintained on any Lot or in any dwelling except that dogs, cats and no more
than three (3) chickens (only hens, not roosters) or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and
provided' Rather that they are not allowed td run free and are at all times properly leashed
and personally escorted and shall not become a nuisance or bother to other Owners. No
animals, livestock or poultry of any kind may be raised, bred or kept in any Common
Elements or Limited Common Elements. Pets must be restrained or confined within the
Lot. Owners must promptly remove any and all animal excrement from any and all
Common Elements, Limited Common Elements and Lot(s) and keep such area(s) clean
and free of pet debris. All animals must be properly tagged for identification."
Except as amended, the aforesaid. Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect.
IN WMiESS WHEREOF, HomeLife, Inc, the Declanut has mumift instrument to be
executed by its President as of the day and year fast written.
HOME LIFE, INC.
By J (2
President
State of North Cxxolim
County ofNew Hanover
Pr
I, S a..&A-Vs -Ad r fiy , a Notary Public in and for the State and
County, aforesaid, do hereby certify that Aj c President,
of HOME LIFE, INC., personally appeared before me this date, and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and Notarial Seal, this the fA.lkay of _k,
2017.
JAMES SARRY
Notary Public
Brunswick County, NC
7AN;1
tq W?N��nSs.iM �i1'�ra�S lOA 2z

Book 6043 Page 720
NTy:
TAMMY THEUSCH 0
BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] • Fax [phone]
. !
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.o I
. �'�i
W --
rn
State of North Carolina, County of NEW HANOVER
Filed For Registration: 03/14/2017 11:47:39 AM
Book: RB 6043 Page: 716-720
5 PGS $26.00
Real Property $26.00
Recorder: STEPHANIE PEREZ
Document No: 2017007707
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

d Iy30
FOR REGISTRATION REGISTjR OF MERCCOUNT
NEWFWNOVy CN1NC� DEEDS
204 4 AUG 22 11 21 29
2014022179 BK 5834 PG 712-716 FEE $26 00
MIKE 120102179
PRFPAMBY BaWfWNTO
Wilson Ki
POBaa 12615
W!Ll CgUIUK, NC n4M 3. JUL 3 12020
STATEOFNORTHCAROUNA
COUNLTYOFNEW HANOVFR
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 2 SECTION 6"
THESE PROTFCIlVB COVENANTS, made this the Ada of 2014,
by Home Life, Inc, a North Carolina Corporation, its successors and assr whether one
or more, heremafter referred to as "Declarant"
WHEREAS, Hasse I fie, Inc, was the onpn W Declarant of the known as
"Deer Cmssmg Phase 1 Section 1", a map of same being recorded m Map�55 at Page
212 of the New Hanover County, North C-arohna, Registry, and
apphmbleW to�Pham 1 Section I, which recorded m Brecorded certain � 5499 page 2656 of the ve. covenants of Dw N w
Hanover County, North Carolina, Registry, (herem the "Protective Covenants"), and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assignsi has the right to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, in accordance with Article 11, Section 3, of said Protecuve
Covenants, the Declarant has a right to amend the Protective Coveams in its discretion
until December 31, 2027, and
WHEREAS, the Declarant has developed additional lots lymgr4wentmPhaw
1SeMon1ofDeer wficbsWbekmmnasDeerCx=gPhase2SectLrn6

1
NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants
and exclusively apply to Dew Ci wry Phaw 2 as follows
following dNo b pi+ psur )js� to said Prove Covenants and annexing thereto, the
Being all of Deer Crossing Phase 2 Section 6, and as shown on a map
theiseof duly recorded in Map Book 4
T-L at Page j 6 of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description.
WHEREAS, Rustling Leaves Way referenced in the map of Deer
Crossing Phase 2 Section 6 is a private mad and is subjected to assessment
under ARTICLE 6 section 1 (c) Deal Crossing Phase 2 Section 6 members
will pay for these assessments
WHEREAS, the DECLARANT desires to restate Article 4, Section 5
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 4, Section 5 is hereby amended by adding the following sentence
"The ten (10) feet drainage and utility easement is centered on the lot lines when the lot
Ime is between two lots, or a ten (10) feet wide easement parallel to the lot line, ten (10)
feet being measured from the house closest to the lot line when a house is built closer
than five (5) feet to the lot line "
WHEREAS, the DECLARANT desires to restate Article 7, Section 7
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 7, Section 7 is hereby restate as follows
"Any installation of a drainage pipe must be approved by DECLARANT
or Committee in accordance with the terms of this Article In addition, all
such installations must comply with all applicable governmental statutes,
ordinances and regulations "
WHEREAS, the DECLARANT destres to restate Article 7, Section 8
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 7, Section 8 is hereby restate as follows
"Ail improvements, driveway connections, and plantings, including, but not
limited to, drainage pipes, landscape materials, irrigation systems, walls, and fences,
located within the mad nght-of-way must be approved by DECLARANT or Conumttee
as the right-of-way is private Lot Owner shall be responsible for all roadway repairs
required because of damage caused by Lot Owners for failure to comply with flue
paragraph DECLARANT shall not be responsible for any such roadway repairs "
Article 9 item 7 —16 is hereby restate as follows
7 The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Pertmt Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H 1000

8 The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain comphance with the Stormwater Management Permit
9 These covenants are to run with the land and be binding on all persons and parties
claiming under them.
10 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
11 Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality
12 The maxnnurn built -upon area per lot is 2430 SF This allotted amount
includes any bwltupon 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 lururoed to, structures, asphalt, concrete, gravel, brick, stone,
slate, and coquina, but does not include raised, open wood declang, or the water surface
of swimming pools
13 Filling in or piping of any vegetative conveyances (ditches, swales, etc )
associated with the development, except for average driveway crossings, is strictly
prolubited by any persons
14 For those lots adjacent to surface waters, each lot will maintain a mtmmum 50
foot wide vegetated buffer adjacent surface waters
15 All roof drams shall terminate at least 50 feet from surface waters
16 Any mdividual or entity found to be in noncompliance with the provisions of
the stormwater management permit or the requrrernents of the stormwater rules found in
15A NCAC 02H 1000 and Session Law 2008-211, is subject to enforcement procedures
as set forth in N C G S 143, Article 21
Article 9 item 17 is deleted
Article 6 Section 7 Date of Pommc=ment of General Assessments and Do
egg is restated as follows
The general assessments provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than DECLARANT or a builder approved by
the Declarant, provided, however, assessments shall commence on Lots containing
occupied residences that are owned by Declarant or any builder on the first day of the
month following the occupancy the residence located on such Lot for residential
purposes The fast general assessment shall be adjusted according to the number of
months remaining in the calendar year The Executive Board shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general
assessment period The budget shall be presented to the Members in accordance with
N C G S §47F-3-I 03(c) Written nonce of each general assessment shall be sent to every
Owner subject thereto The due dates shall be established by the Executive Board The
Executive Board shall require the general assessments to be paid at least annually, but
may require the general assessments to be paid more often 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
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect

INWMgESSWHHtECF,Hc=L*,bc-,&D ,trascansadttns imminienttobe
exacted by its P=dem as of the day and year first written
HOME LMFB,INC
By � ►'_'
Pnadent
State of Norlh Carolina
County of New Hmow
ly 6111 k Sal. van a Notary Public in and for the State and County aforesaid,
do hereby ON* that �; �Sa w President, of HOME LEE, INC, personalty
appeared before me this date, and wkwwledged the due execution of the fbmgomg msttw wm
WITNESS my hand and Notarial Seal, tins 2 Z day ofu5_f 201l
Notary Public
1 K
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G0oNT Y i�
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TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Fifed For Registration: 08/22/2014 11:21:29 AM
Book- RE 5834 Page: 712-716
Document No • 2014022179
5 PGS $26.00
Recorder HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014022179*
2014022179

kDi
STATE OF NORTH CAROLINA
��. COUNTY OF NEW HANOVER
FOR REBECCA T . CHRISTIAN OF DEEDS
NEW HANOVER COUNTY NC
2001 DEC 10 02:22:461
PM
INSTRUMENT 0 20WO5R8780.00
PROTECTIVE COVENANTS OF
DEER CROSSING
PHASE 1 SECTION 1
THESE PROTECTIVE COVENANTS, made this the JD _ day of December, 2001, by
Home Life, Inc., a North Carolina corporation, its successors and assigns, whether one or more,
hereinafter referred to as "DECLARANT"'.
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in New Hanover
County North Carolina, which is more particularly described as DEER CROSSING, Phase 1,
Section 1 according to the plat thereof, recorded or to be recorded in the office of the Register
of Deeds of New Hanover County, reference to which is hereby made for a more particular
description (herein the "Phase 1, Section 1, Deer Crossing plat").
NOW, THEREFORE, DECLARANT hereby declares that all of the properties
described above shall be held, sold and conveyed subject to the Planned Community Act, set
forth in Chapter 47F of the North Carolina General Statutes and to the following easements,
restrictions, covenants and conditions, which are for the Purpose of protecting the value and
desirability of, and which shall run with the real property and be binding on all parties having
any right, title, or interest in the described properties or any part thereof, their heirs, successors
benefit of each Owner thereof.
MI'llIIs) 041
Definitions
Section 1. Articles shall mean the Articles of Incorporation of DEER
CROSSING OWNERS ASSOCIATION, INC.
Section 2. Association shall be used to mean and refer to DEER CROSSING,
OWNERS ASSOCIATION, INC., a private non-profit corporation formed or to be formed by
the DECLARANT primarily as a Homeowners' Association for the Lot Owners in DEER
CROSSING, all of whom shall be Members of the Association.
Section 3. Bylaws means the Bylaws of DEER CROSSING OWNERS
ASSOCIATION, INC.
Section 4. Common Elements shall mean all real property and facilities owned by
the Association for the common use and enjoyment of the Owners, including, without
limitation, Deer Hill Drive and all other streets within the property to be developed, now or
hereafter shown on any recorded plat of Deer Crossing, and all areas designated as "OpeX
Space" upon any recorded plat of Deer Crossing. Provided however, that it is t me
Declarant, and Declarant reserves the right, without the consent of the Associatidirto con ert
RETURNED TO `(iU k-'L 1
C93a- 3�3D

respective Lot Owner. This obligation and right may be enforced by the Association or any
Owner as provided in Article 12 herein.
Section 3. The Association shall be responsible to maintain the Common Elements and
facilities located upon the Common Elements, Conservation and Buffer Areas, and areas with
similar descriptions, landscaped areas within road right-of-ways, the stormwater runoff systems,
sign easement areas, and fences or other property designated to be maintained by the
Association.
ARTICLE 9
Stormwater Retention Facilities
DEER CROSSING, Phase 1, Section 1 and all future additional phases and sections of
Deer Crossing which are annexed into the Subdivision as provided herein contain certain
stormwater retention facilities, the underlying fee of which is owned by the Lot Owners as
described and identified on the various maps of the Deer Crossing subdivision recorded in the
New Hanover County Registry.
The Declarant hereby reserves unto itself and its successors and assigns the following
easements and rights in, to and over those areas identified as Stormwater Retention Facilities as
shown and described on maps of Deer Crossing Subdivision recorded in the New Hanover
County Registry.
Easement and right to control the water level and water quality and availability in the
Stormwater Retention Facilities to the level required by Stormwater Permit No. SW8 000245
and any applicable modifications, revisions or additional permits required by the State of North
Carolina.
1. All easements necessary to maintain the Stormwater Retention Facilities and all
easements and areas associated therewith, in compliance with Permit No. SW8 000245
and all modifications thereto including all necessary temporary access easements for
equipment and vehicles over any lot. Declarant shall repair damage caused by use of any
temporary easements. Provided, however, the Declarant shall not be responsible for
repairing any grassed or landscaped areas nor for replacing any shrubs or trees within any
Stormwater Retention Facility which are damaged or removed in the course of any
maintenance performed within such areas. Furthermore, the Declarant and the
Association may cut and create drains and drainways both above ground and underground
for the purpose of facilitating the removal of surface water whenever such action may
appear to be necessary in order to maintain reasonable standards of health, safety and
appearance along, over or across any Lot.
2. These easements reserved herein expressly include the right to cut any trees, bushes,
shrubs or growth, the grading, cutting or ditching of the soil and any other aV
action. E^ i
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3. The right to regulate the use of and access to the Stormwater Retention Facilities by all
persons and entities including Lot Owners, including right to adopt rules and regulations
binding on all Owners regarding the use and/or non-use of the Stormwater Retention
Facilities including setting forth the maintenance responsibility of the Owners. For
example, the Owners shall be responsible for maintaining that portion of the Stormwater
Retention Facilities located upon their lot which runs from the water line to the easement
line as that area may fluctuate with the rise and fall of the water level in the Stormwater
Retention Facilities.
4. The right to assign and transfer Permit No. SW8 000245 and all modifications thereto
including all duties and responsibilities thereunder to the Association. The Association by
and through the members shall be obligated to accept transfer of the permit and its rights,
duties and obligations.
5. Any fence installed by the Declarant or Builder must be maintained in its original
condition and replaced, if required, by the Lot Owner on whose property the fence is
located, except fencing incorporated into an entrance feature of the Association which
shall be maintained by the Association. Any maintenance affecting the appearance of the
fence and the replacement of the fence must be approved by the Declarant or Association.
No fence installed by Declarant or Builder may be removed without the written consent
of the Declarant.
6. The Stormwater Retention Facilities may not be used for irrigation purposes on individual
Lots.
ARTICLE 10
Restrictions on Use and Occupancv
Section 1. No Lot shall be used except for single family residential purposes. No
commercial use shall be permitted on any Lot. No structure shall be erected, placed or permitted
to remain on any Lot other than one (1) detached, single family residence dwelling not to
exceed two and one-half stories in height above floor or piling level and such outbuildings as
are usually accessory to a single family residence dwelling, including a private enclosed garage.
Section 2. Any dwelling constructed on a Lots subject to these Protective Covenants
shall contain not less than 800 square feet of fully enclosed and heated floor space all devoted
to living purposes (exclusive of roofed or unroofed porches, breezeways, terraces, porches,
steps, walks, garages and any outbuildings). In computing the number of square feet allowed as
provided herein, no square footage in any part of the dwelling that is constructed over a garage
will be counted, unless it is an integral part of the living space and approved by DECLARANT.
Section 3. All Lots are subject to the State of North Carolina rules and regulations
concerning stormwater runoff as these rules and regulations are amended from time to time.
These regulations currently provide that the Lots shown on that map recorded in The Phase 1,
Section 1, Deer Crossing plat will be restricted to 2650 square feet covered by structures of
19

impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone,
slate, or similar material. 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 pavements. Built upon area includes, but is not limited to, structures,
foundation; pavement; concrete; driveways, including that portion of the driveway located
within a street right-of-way, which runs from the property line to the road pavement; and
walkways or patios of brick, stone or slate, coquina and gravel, marl or stone covered areas, not
including raised, open wood decking, or the water surface of swimming pools. DECLARANT
reserves the right to recalculate the maximum allowable built upon area in accordance with the
storm water runoff rules and regulations of the State of North Carolina and the right to amend
these Protective Covenants to reflect the reallocation, with the concurrence of the Division of
Water Quality. Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction. All drainage swales or drainage patterns
used to treat stormwater runoff as required by the State of North Carolina may not be filled in,
piped or changed without the consent of the DECLARANT, its designee, the Association, or
the State of North Carolina and shall be maintained as set forth in Article 8 herein. For curb and
gutter projects, no one may pipe, fill in, or alter any lot line swale used to meet North Carolina
Stormwater Management Permit requirements. A thirty foot (30') vegetated buffer must be
maintained between all built -upon area and the Mean high Water line of surface waters. 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.
The State of North Carolina and the New Hanover County are hereby made a beneficiary of
these Protective Covenants to the extent necessary to enforce its stormwater runoff regulations
as the same may be amended from time to time. This paragraph cannot be changed or deleted
without the consent of the State of North Carolina.
Section 4. No swimming pool on any Lot shall be placed or constructed without the
approval of the DECLARANT or Committee and shall not be located nearer than twenty (20)
feet from the side or rear lot lines.
Section 5. No Lot or Lots shall be subdivided except to enlarge an adjoining Lot, but
any Lot so enlarged cannot be improved with more than one single family dwelling. An Owner
of a Lot and a portion or all of an adjoining and contiguous Lot or Lots may construct a
dwelling and/or other structures permitted hereunder upon and across the dividing line of such
adjoining and contiguous Lots, and thereafter such combinations of Lots or portions thereof
shall be treated for all purposes under these Protective Covenants as a single Lot.
Section 6. All Lots, including the area to the water level of the Stormwater
Facilities, shall be well maintained and no accumulation of rubbish or debris shall be
permitted. The Owners of all unbuilt upon Lots in the Subdivision shall clear their Lots of
underbrush at least one time each year. If the Owners do not clear their Lot as required by this
paragraph, the Association shall have the authority to clear any such Lot of underbrush and
separately assess the cost of such work against each Owner. Such charge shall be an individual
assessment against the Owner and his Lot(s) and may be enforced in accordance with the
provisions of Article 6 herein.
20

IVA
-WE'
L)
BY:
Prepared by: WILSON KI
P.O. Box 12615, Wilmington, NC
iom�ae��Y�Au�
2014012855
FoR REGISTRRTIQN REGISTER OF DEEDS
NEW
TAMMHRNOVER CWNTY�ENC
2014 MAY 23 12 0311 PM
BK 5815 PG 2042-295 FEE $26 00
INF UMENI # MOM
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE COVENANTS
COUNTY OF NEW HANOVER OF DEER CROSSING
HOME LIFE, INC., a North Carolina corporation (herein "DECLARANT") heretofore
executed the Protective Covenants of DEER CROSSING and caused the same to be recorded in
Book 5488, Page 2656 (herein "Protective Covenants") and amended in Book 5516, Page 2305;
Book 5533, Page 580; Book 5571, Page 2152; Book 5649, Page 2736, all of the New Hanover
County Registry (herein "Amendment"); and
WHEREAS, in accordance with Article 11, Section 3 of said Protective Covenants, the
DECLARANT has the right to amend the Protective Covenants; and
WHEREAS, the DECLARANT desires to amend Article 6, Section 7 to clarify the Date
of Commencement of General Assessments and Due Dates.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as
follows:
Article 6 Section 7. Date of Commncement of General AssegMents and Due Date-. is
restated as follows:

The general assessments provided for herein shall commence on the date of conveyance of each
Lot to an Owner other than DECLARANT or a builder approved by the Declarant; provided,
however, assessments shall commence on Lots containing occupied residences that are owned by
Declarant or any builder on the first day of the month following the occupancy the residence
located on such Lot for residential purposes. The first general assessment shall be adjusted
according to the number of months remaining in the calendar year. The Executive Board shall fix
the amount of the general assessment against each Lot at least thirty (30) days in advance of each
general assessment period. The budget shall be presented to the Members in accordance with
N.C.G.S. §47F•3-103(c). Written notice of each general assessment shall be sent to every Owner
subject thereto. The due dates shall be established by the Executive Board. The Executive Board
shall require the general assessments to be paid at least annually, but may require the general
assessments to be paid more often. 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.
Except as amended herein, the aforesaid Protective Covenants and all amendments
thereto shall be and remain in full force and effect.
This the -�! day of t 2014.
HOME LIFE, INC.
President

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, i SOa Notary Public in and for the State and County
aforesaid, do hereby certify that Wilson R President personally came
before me this day and acknowledged that he/she is Secretary of HOME LIFE,
INC., a North Carolina corporation, and that by authority duly given and as the act of
corporation, the foregoing instrument was signed in its name by its President,
sealed with its corporate seal, and attested by himself/herself as its Secretary.
WITNESS my hand'o'i" al this ay of 2014.
�g. C
'
X4OTA
zV '
.o�gLiC :4C
My commission Expires:
Nov IS 1 Zy t Co
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER COUNTY
The foregoing certificate of
Hanover County, North Carolina is certified to be correct.
This _ day of .2014.
Notary Public
a Notary Public of New
REGISTER OF DEEDS OF NEW HANOVER COUNTY
By.

\�Sjjjp1
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
ii***R**A**ii#ii#iiii#iii#A#iA*i!i!*iflitMiiiliiilRliiiiliti*i7M!#!i!litii!#i!i!!**!R***i#iR**f***R*****i#ii#!*#!*##*#**
Filed For Registration:
Book:
Document No.:
Recorder:
051231201412:03:17 PM
RE 5815 Page: 2042-2045
2014012855
4 PGS $26.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014012855*
2014012855

15-
1111111111111
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
2010HJUNV01 COUNTYl PM
BK; 5488 PG; 2656-2688 FEE 147,00
NOW 1NINE
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744 SE t S E C Ti an! 1_
RETf1FIN, TO VAAsu \

STATE OF NORTH CAROLINA RESTATED PROTECTIVE COVENANTS OF
COUNTY OF NEW HANOVER DEER CROSSING
PHASE 1 SECTION 1
THESE RESTATED PROTECTIVE COVENANTS, made this the I s r day
Of uw�. , 2010, by Home Life, Inc., a North Carolina corporation, its successors and
assigns, whether one or more, hereinafter referred to as "DECLARANT". THESE RESTATED
PROTECTIVE COVENANTS supersede covenants recorded in New Hanover County Register
of Deed Book 3136 Page 58.
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in New
Hanover County North Carolina, which is more particularly described as DEER CROSSING,
Phase 1, Section 1 according to the plat thereof, recorded or to be recorded in the office of the
Register of Deeds of New Hanover County, reference to which is hereby made for a more
particular description (herein the "Phase 1, Section 1, Deer Crossing plat').
NOW, THEREFORE, DECLARANT hereby declares that all of the properties
described above shall be held, sold and conveyed subject to the Planned Community Act, set
forth in Chapter 47F of the North Carolina General Statutes and to the following easements,
restrictions, covenants and conditions, which are for the Purpose of protecting the value and
desirability of, and which shall run with the real property and be binding on all parties having
any right, title, or interest in the described properties or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE 1
Definitions
Section 1; Artic es shall mean the Articles of Incorporation of DEER
CROSSING OWNERS ASSOCIATION, INC.
Section 2. Association shall be used to mean and refer to DEER
CROSSING, OWNERS ASSOCIATION, INC., a private non-profit corporation formed or to
be formed by the DECLARANT primarily as a Homeowners' Association for the Lot Owners
in DEER CROSSING, all of whom shall be Members of the Association.
Section 3. By-laws means the Bylaws of DEER CROSSING OWNERS
ASSOCIATION, INC.
Section 4. Common Elements shall mean all real property and facilities
owned by the Association for the common use and enjoyment of the Owners, including, without
Iimitation, Deer Hill Drive and all other streets within the property to be developed, now or
hereafter shown on any recorded plat of Deer Crossing, and all areas designated as "Open

the Association or any Owner as provided in Article 12 herein.
Section 3. The Association shall be responsible to maintain the Common
Elements and facilities located upon the Common Elements, Conservation and Buffer Areas,
and areas with similar descriptions, landscaped areas within road right-of-ways, the stormwater
runoff systems, sign easement areas, and fences or other property designated to be maintained
by the Association.
ARTICLE 9
Stormwater Retention Facilities
DEER CROSSING, Phase 1, Section 1 and all future additional phases
and sections of Deer Crossing which are annexed into the Subdivision as provided herein
contain certain stormwater retention facilities, the underlying fee of which is owner; by
the Lot Owners as described and identified on the various maps of the Deer Crossing
subdivision recorded in the New Hanover County Registry.
The Declarant hereby reserves unto itself and its successors and assigns
the following easements and rights in, to and over those areas identified as Stormwater
Retention Facilities as shown and described on maps of Deer Crossing Subdivision
recorded in the New Hanover County Registry.
Easement and right to control the water level and water quality and
availability in the Stormwater Retention Facilities to the level required by Stormwater
Permit No. SW8 000245 and any applicable modifications, revisions or additional
permits required by the State of North Carolina.
1. All easements necessary to maintain the Stormwater Retention Facilities and all
easements and areas associated therewith, in compliance with Permit No. SW8
000245 and all modifications thereto including all necessary temporary access
easements for equipment and vehicles over any lot. Declarant shall repair damage
caused by use of any temporary easements. Provided, however, the Declarant shall
not be responsible for repairing any grassed or landscaped areas nor for replacing
any shrubs or trees within any Stormwater Retention Facility which are damaged or
removed in the course of any maintenance performed within such areas.
Furthermore, the Declarant and the Association may cut and create drains and
drainways both above ground and underground for the purpose of facilitating the
removal of surface water whenever such action may appear to be necessary in order
to maintain reasonable standards of health, safety and appearance along, over or
across any Lot.
2. These easements reserved herein expressly include the right to cut any trees, bushes,
shrubs or growth, the grading, cutting or ditching of the soil and any other necessary

action.
3. The right to regulate the use of and access to the Stormwater Retention Facilities by
all persons and entities including Lot Owners, including right to adopt rules and
regulations binding on all Owners regarding the use and/or non-use of the
Stormwater Retention Facilities including setting forth the maintenance
responsibility of the Owners. For example, the Owners shall be responsible for
maintaining that portion of the Stormwater Retention Facilities located upon their
lot which runs from the water line to the easement line as that area may fluctuate
with the rise and fall of the water level in the Stormwater Retention Facilities.
4. The right to assign and transfer Permit No. S W8 000245 and all modifications
thereto including all duties and responsibilities thereunder to the Association. The
Association by and through the members shall be obligated to accept transfer of the
permit and its rights, duties and obligations.
5. Any fence installed by the Declarant or Builder must be maintained in its original
condition and replaced, if required, by the Lot Owner on whose property the fence is
located, except fencing incorporated into an entrance feature of the Association
which shall be maintained by the Association. Any maintenance affecting the
appearance of the fence and the replacement of the fence must be approved by the
Declarant or Association. No fence installed by Declarant or Builder may be
removed without the written consent of the Declarant.
6. The Stormwater Retention Facilities may not be used for irrigation purposes on
individual Lots.
7. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H.1000.
8. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
9. These 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.
10. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
11. The maximum allowance built -upon area per lot is 2650 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,

concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
12. In the case of a lot within CAMA's requlated AEC, where the Division of Coastal
Management calculates a different maximum allowable built -upon area for that lot
than is shown herein, the governing maximum built -upon area for that lot shall be
the most restrictive of the two.
13. This project proposes a curb outlet system. Each desinated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V)
side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow
from a 10 year storm in a non -erosive manner, and maintain a dense vegetated
cover.
14. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the development except for average driveway crossings, is strictly prohibited by
any persons.
15. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
16. All roof drains shall terminate at least 30' from the mean high watermark of surface
waters.
17. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
18. No lot shall be increased in size or otherwise adjust its boundaries by filling in the
waters, ponds, creeks or marshes on which it abuts, other than by natural accretion,
erosion or avulsion, without prior written approval of the Committee or
DECLARANT, and the appropriate state and federal agencies having jurisdiction
over the waters, if applicable.
ARTICLE 10
Restrictions on Use and Occunancv
Section 1. No Lot shall be used except for single family residential
purposes. No commercial use shall be permitted on any Lot. No structure shall be erected,
placed or permitted to remain on any Lot other than one (1) detached, single family
residence dwelling not to exceed two and one-half stories in height above floor or piling
level and such outbuildings as are usually accessory to a single family residence dwelling,
including a private enclosed garage.

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.
Section 9. Assignability of Rights and Liabilities. DECLARANT shall have the
right to sell, lease, transfer, assign, license and in any manner alienate or dispose of any rights,
interests and liabilities retained, accruing and reserved to it by these Protective Covenants.
Following any such disposition, DECLARANT in no way shall be liable or responsible to any
patty with regard to any such right, interest, or liability or any claim or claims arising out of
same in any manner.
Section 10. Liberal Construction. The provisions of these Protective Covenants
shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple
ownership of Lots and buildings 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 the rights and easements equivalent to those of other
Owners.
IN WITNESS WHEREOF, Home Life, Inc., the DECLARANT, has caused this instrument to
be executed by its proper corporate officers, all as of the day and year first above written.
HOME LIFE, INC.
BY: j v�r
�V&L (.JN%�- Qwl 1`i i
President
NORTH CAROLINA
NEW HANOVER COi]1TY.
I, a Notary Public of the State and County
aforesaid, certify that ikon Ki personally came before me this day and acknowledged that he
is President of Home Life, Inc., a North Carolina corporation, and that by authority duly given
and as the act of the corporation, the foregoing instrument was signed in its name by its
president, sealed with its corporate seal, and attested by her/himself as its
secretary.
WITNESS my hand and official seal this day of _Nz 277 2010.
0 ' pTA 10
1 Notary Public
U B L
My commission expires: �q��VEFt GOJ?

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
ft*Rit.YR*RRRR#R#RRRRi*RiiifRRfii#RtiR#ii**#RR##iMiii##ti#RRRR#*R**RR#Ri*tii#iff*iRRi#f*i#*#f*RRfRiii#f#*RiiRfi*#**#R!#i
Filed For Registration: 061011201012:10:32 PM
Book: RE 5488 Page: 2656-2688
Document No.: 2010014807
33 PGS $107.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010014807*
2010014807

imillifillillillill
SFOR REBISTRRTION RECOW OF flEEp;
NNIFER H. f9RCNEISh1
2016 OCT 08 0415:14"PM
BK:6516 PG:2305-2307 FEET 7.00
11TOM 112010028351
ARID BY & RETURN TO:
Mm
P O Box 12615
WU MIIVGTON, NC 28405
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 1 SECTION 2
THESE PROTECTIVE COVENANTS made this the$ Lday of O rab 9Q,r/ .
2010 by Home Life, Inc., a North Carolina 6orporation, its successors ars'signs,
whetl�ier one or move, hereinafter referred to as "Declarant'.
WITNESSETH:
WHEREAS Home Life, inc., was the original Declarant of the property
known as "Deer brossing Phase 1 Section 1", a map of same being recorded in
VBook 55 at Page 131 of the New Hanover County, North Carolina, Registry;
ancg
WHEREAS Home Life, Inc., recorded certain protective covenants of Deer
Cross'sn app�li @e to Phase 1 Secction I, which are recorded in Book 5488 at page
2856 New Hanover County, North Carolina, Registry, (herein the "Protective
Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop
and annex additional land and make the same subject to Protective Covenants by
an Amendment to the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its
discretion until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lyingadjacerd
to Phase 1 Section 1 of Deer Crossng, which sfW be known as Deer Cmwk g Phase 1
Section 2.
AUC7 0 0 2019 p
BY:_ �

NOW, THEREFORE, the Declarant does hereby amend the Protective
Covenants as follows:
!hereto, the foowminkin sul1'e to said Protective Covenants and annexing
g C&scni�ed properties:
Being all of Deer Crossing Phase 1 Section 2, and as shown on a
map thereof duly recorded in Map Book at Page of the
New Hanover County, North Carolina, Registry, reference to which
map is hereby made for a more particular description.
Except as amended, the aforesaid protective Covenants of Deer Crossing
Phase I Section 1, shall be, and remain in full force and effect.
IN WETNESS WHEREOF, Home Lfie, Ino., the Daclafwt has caused this instrument to
be executed by its President as of the day and year first wrillen.
HOME LIFE/,NC.
By.
Wilson Ki
Stale of North Carolina
County of New Hanover
Si a Notary Public in and for the State, and County.
aforesaid, do herebY certify that Wilson Ki, President, of HOME LIFE, INC.,
ply appeared before me this data, and acknowledged the due execution of the
foregoing instrument.
WITNESS my hand and Notarial Seat, this ,-day f� 2010.$� k!
otary Public L)
� e
rr � V
q

op � R•
�Ar,rsK�o�
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
iiifiifi*iilff;#*il*kt;1F##;i#;t!#kt*#ri##**##*#ik�F*ttt*#t!#*twit#*t1f#it*#ttt*i;of*tiff;if;itf*tY*tt#*t!f*#iit*flit;**;t;t
Filed For Registration: 10108/2010 04:15:14 PM
Book: RE 5516 Page: 2305-2307
Document No.: 2010028351
3 PGS $17.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010028351*
201002835/

111111IN1111111�
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HANOVER COUNTY NC
2010 DEC 15 04:11: 40 Pal
BK:5533 PG:580-582 FEE:$17,00
NMI 1 NISM115
PP"AMBY Sc RETURN TO.
WE=Ki
P O Box 12615
WUMNGTON, NC 28405
STATE OF NORTH CARDUNA
COUNTY OF NEW RWOVER
PROTECTIVE COVENANT'S OF
DEER CROSSING, PHASE 1 SECTION 3
THESE PROTECTIVE COVENANTS made this the 4!:5 y of
2010 by Home Life, Inc., a North Carolina corporation, its successors andssigns,
whether one or more, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS Home Life, Inc., was the original Declarant of the properly
known as "Deer brossing Phase 1 Section 1", a map of same being recorded in
" Book 55 at Page 2T2 of the New Hanover County, North Carolina, Registry;
and
WHEREAS, Home Life, Inc., recorded certain protective covenants of Deer
Crossing app_ eeble to Phase 1 Section I, which are recorded in Book 6488 at page
2W6 of tre ew Hanover County, North Carolina, Registry, (herein the "Protective
Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop
and annex additional land and make the same subject to Protective Covenants by
an Amendment to the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its
discretion until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lyingadjaoent
lo Phase 1 Secton 1 of Deer Dossing, which shall be known as Deer Cms" Phase 1
Sec tit 3.

NOW, THEREFORE, the Declarant does hereby amend the Protective
Covenants as follows:
thereto, the tanrinkmdesarbi eco to said protective Covenants and annexing
g properties:
Being all of Deer Crossing Phase 1 Section 3, and as shown on a
map thereof duly recorded in Map Book;j_ at Page 7-7Z of the
New Hanover County, North Carolina, Registry, reference to which
map Is hereby made for a more particular description.
Except as amended, the aforesaid Protective Covenants of Deer Crossing
Phase I Section 1, shall be, and remain in full force and effect.
IN WITNESS WWHEREOF, Home L ft Ire, the Declarant, has caused this instrument to
be executed by its President as of the day and year first written.
HOME LIFE, INC.
By: Ko"V419111�-5:52--
Wilson K
State of North Carolina
County of New Hanover
I. Q- a1 otary Public in and for the State and County.
aforesaid, do hereby certify that Wilson IG, President, of HOME LIFE, INC.,
person, ly appeared before me this date, and acknowledged the due execution of the
foregoing Instrument.
WITNESS my hand and Notarial Seal, this the - —�ay of22!!�2010.
wwo
� •��.
'• Notary Public
?w NOTAF?r
c+!
-
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X30".'�n 1

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[AW, k111--l-AN
�!r
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILIA NGTON, NC 28401
wwwtrrtrrrrwrrr,rerrwrrrrrertwrr,rrwru,rwrr*r►rwswrrawrrrrrwrrrrr*rtrxrrwrrrwr:rrw*wrerrrrrwwwr*terryr*rrrrrrr,►trrrrrrrrre+e
Filed For Registration: 1211512010 04:11:40 PM
Book: RE 6533 Page: 500-582
Document No.: 2010036115
3 PGS $17.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010036115*
2010036115

�1
PREPARED BY & RETURN TO
�+ Wdson KI
P O Box 12615
WXMNGTON, NC 28405
STATE OF NORTH CAROLTNA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE I SECTION 4
i�h0s�emrs�ot
2011017612
3FOR REGISTRATION REGISTER OF DEED'
JENNIFER H MACNEISH
NEW HANOVER COUNTY, NC
2011 J; 29 11:59 56 AM
BK 5571 PG 2152-2154 FEE $17 00
ISM ENI # 201i0 V2
THESE PROTECTIVE COVENANTS, made this the 2 9 day of -T+&kA- 2011,
by Home Life, Inc, a North Caro lula Corporation, As successors and assigns, w e er one
or more, hereinafter referred to as "Declarant"
WITNESSETH
WHEREAS, Home Life, Inc, was the onginal Declarant of the property known as
"Deer Crossing Phase I Section 1", a map of same being recorded in Map Book 55 at Page
212 of the New Hanover County, North Carolina, Registry, and
WHEREAS, Home Life, Inc, recorded certain protective covenants of Deer Crossmg
glicable to Phase 1 Section 1, which are recorded in Book 5488 at page 2656 of the New
Hanover County, North Carolina, Registry, (herein the "Protective Covenants" ), and
WHEREAS, in accordance with Article 3 and Article I of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027, and
WHEREAS, the Declarant has developed additional lots lyingatamittoPhase
1 SeMon l OfDOWC113=9 whirls shd be smarm as DIerC rwsingPhase 1 Sec bon 4

NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as
follows
I Now making subject to said Protective Covenants and annexing thereto, the
following described properties
Being all of Deer Crossing Phase 1 cUon 4, and as shown on a map
thereof duly recorded in Map Book s-Seat Page 4�L of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remam in full force and effect
IN WITNESSWHEREOF, Home Life, Inc, the Declares has causeddus instr urient to be
executed by its President as of the day and year first written
HOME LIFE, INC
By r.J. Ise, r�
Wilson Ki
State ofNorih Carolina
County ofN�e_wlHanover
4 J{IA a Notary Public in and for the State and County aforesaid, _
do hereby that Wilson Kr, President, of HOME LIFE, INC, personalty ap~�`''
before me this date, and acimowledged the due execution of the foregoing instrument '0 UN�_
WITNESS my hand and Notarial Seal, this the � day of 2011 G
�G
OVE
Notary Public ^` y�'44A s� 0

JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration- 06/29/2011 11.59.56 AM
Book
Document No.:
Recorder.
RE 5571 Page- 2152.2154
20110/7612
3 PGS $17.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2011017612*
2011017612

5FOR REGISTRATION REGISTER OF DEED'
NEWNHgNOVER COUNTYI$NC
BK 5649 PG 2736-27366FEE $ 6 00
INSiRM91 # MUM
PREPARED BY & RETURN TO
Wilson Ki
P O Box 12615
WMA1NCs 'N1, NC 28445
STATE Of NORTH CAROLJNA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 1 SECTION 5
THESE PROTECTIVE COVENANT'S, made this theta day of ]S_ 2012,
by Home Life, Inc, a North Carolina Corporation, Its successors and assigns" wt er one
or more, hereinafter referred to as 'Declarant„
WPTNESSETH
WHEREAS, Home Life, Inc, was the original Declarant of the property ]mown as
ap
"Deer Crossing Phase 1 Section V a mof same being recorded in Map Book 55 at Page
212 of the Now Hanover County, Forth Carolina, Registry, and
WHEREAS, Hoene Life, Inc, recorded certain protective covenants of Deer Crossing
applicable to Phase 1 Section I, winch are recorded in Book 5488 at page 2656 of the New
Hanover County, North Carolina, Registry, (herein the "Protective Covenants' ), and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional laod and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027, and
WHEREAS, the Declarant has developed additional lots lynagadjaoorttoPbase
1 Section 1 ofDeerCmssmwbichdAbclwmasDamCmsm3gphml Sechon5
�"
y, AUG 0 $ 2019

NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants as
follows
1 Now making subject to said Protective Covenants and annexing thereto, the
following described properties
Being all of Deer Crossing Phase 1 Section S, and as shown on a map
thereof duly recorded in Map Book �:I at Page 16 of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect
INWHNESSWHERWF,Homelikim,theDeclaraot,bmcmiseddw mstnm=ttobe
exmuuxi by its Presidenr as of the day and year fast written.
HOME LIFE, INC
By W �Sa
Wilson &
State ofNm& Carolina
CotmtyofNewHanover
l��Ch Notary Pubhc in and for the State and County aforesaid,
do hereby car* that Wilson Kr, President, of HOME LIFE, INC, personally appeared
before me this date, and acknowledged the due execution of the foregoing instrument
\. n L n9,C
WITNESS my hand and Notarial Seal, tits 0 2012 (� _` Q
r r
M'4CMW WU O •S 9 its : 1uj"0015 Notary Public m� ti _, 1 G
z
'' ,�'OVER G�',`;r

�9hlI�I{t��
JENNIFER H MACNEISF
REGISTER OF DEEDS, NEW HA
216 NORTH SECOND STRE
WILMINGTON, NC 28401
Filed For Registration. 06/22/2012 12,36:06 PM
Book. RE 5649 Page: 2736-2738
Document No: 2012020889
3 PGS $26.00
Recorder JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL D
*2012020889*
2012020889

0
111111111111111111
FOR REGISTRATION REGISTER OF
TAMMY THEUSCH 9EASLEY
NEW HANOVER COUNTY, NC
2014 AUG 22 1121 29 AM
8K 5834 PG 712-716 FEE $26
WWI # 41*2179
PREPARED BY & REIURN TO
Wilson Ka
PO Box 12615
Wl AUNGTION, NC 28405
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 2 SECTION 6
THESE PROTECTWE COVENANTS, made dus the Allay of j T 2014,
by Home Lik r re N� Carolto ina raeon, its successors and assl , w11 one
or
WHEIU S, Herne This, Inc, was the anginal Declarant of the pity ]mown as
"Deer Crossing Phase 1 Section 1", a of same beurg recorded m Map Hook 55 at Page
212 of the New Hanover County, Ncath Carohna, Registry, and
WHEREAS, Home Iafe, Inc„ recorded certain pratecdve covenants of Deer Crossing
appluable to Phase 1 Section I, which are recorded m Book 5488 at page 2656 of the New
Hanover County, North Carolina, Registry, (herem the "Protective Covenants"), and
WIMMAS, in accordance with Article 3 and Article 11 of sand Protective
Covenants, the Declarant, or its successors and ass2^ has the nght to develop and annex
additional land and males the same subject to Protective Covenants by an Amendment to
the Protective Covenants, and
WHEREAS, m accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a nght to amend the Protective Covenants in its discretion
until December 31, 2027. and
WHEREAS, the Declarant has developed additional Iots lymgadjaceivoFhase
1 Sechan 1 ofDmr0ossag whichdmUbekWm asDeerCrosm gPbase2 Section6
DEEDS
00

,e
NOW, SORE, the Declarant does hereby amend the Protective Covenants
and exclusively apply to peerCmssing PhM 2 as follows
1 Now making subject to said Protective Covenants and annexing thereto, the
follow
ing described properties
Being all of Deer Crossing Phase 2 Section 6, and as shown on a map
thereof duly recorded m Map Book -tt at Page? T i6 of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description.
WHEREAS, Rustling Leaves Way referenced in the map of Deer
Crossing Phase 2 Section 6 is a private road and is subjected to assessment
under ARTICLE 6 section 1 (c) Deer Crossing Phase 2 Section 6 members
will pay for these assessments
WHEREAS, the DECLARANT desires to restate Article 4, Section 5
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 4, Section 5 is hereby amended by adding the following sentence
"The ten (10) feet drainage and utility easement is centered on the lot lures when the lot
tine is between two lots, or a ten (10) feet wide easement parallel to the lot line, ten (10)
feet being measured from the house closest to the lot line when a house is built closer
than five (5) feet to the lot line "
WHEREAS, the DECLARANT desires to restate Article 7, Section 7
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 7, Section 7 is hereby restate as follows
"Any installation of a drainage pipe must be approved by DECLARANT
or Committee in accordance with the terms of this Article In addition, all
such installations must comply with all applicable governmental statutes,
ordinances and regulations "
WHEREAS, the DECLARANT desires to restate Article 7, Section 8
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows
Article 7, Section 8 is hereby restate as follows
"Ail improvements, driveway connections, and plantings, including, but not
limited to, drainage pipes, landscape materials, ungation systems, walls, and fences,
located within the road right-of-way must be approved by DECLARANT or Committee
as the right-of-way is private Lot Owner shall be responsible for all roadway repaus
required because of damage caused by Lot Owners for failure to comply with this
paragraph DECLARANT shall not be responsible for any such roadway repairs',
Article 9 item 7 —16 is hereby restate as follows
7 The followmg covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H 1000

8 The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stoimwater Management Penrut
9 These covenants are to run with the land and be buuiing on all persons and parties
claiming under them.
10 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
11 Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality
12 The maximum built -upon area per lot is 2430 SF This allotted amount
includes any builtupon area constructed within the lot property boundaries, and that
portion of the nght-of-way between the front lot line and the edge of the pavement Built
upon aria includes, but is not limited to, stiucoms, asphalt, concrete, gravel, brick, stone,
date, and coquina, but does not include raised, open wood decking, or the water surface
of swimming pools
13 Fdhng in or piping of any vegetative conveyances (ditches, swales, etc )
associated with the development, except for average driveway crossings, is strictly
prolubited by any persons
14 For those lots adjacent to surface waters, each lot will maintain a nimmum 50
foot wide vegetated buffer adjacent surface waters
15 All roof drains shall terminate at least 50 feet from surface waters
16 Any individual or entity found to be in noncompliance with the provisions of
the stormwater management permit or the requirements of the stormwater rules found in
15A NCAC 02H 1000 and Session Law 2008-211, is subject to enforcement procedures
as set forth in N C G S 143, Article 21
Article 9 item 17 is deleted
Article 6 Section 7 Date of Commencement of General Assessments and EM
Dj= is restated as follows
The general assessments provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than DECLARANT or a builder approved by
the Declarant, provided, however, assessments shall commence on Lots contauung
occupied residences that arc owned by Declarant or any builder on the first day of the
month following the occupancy the residence located on such Lot for residential
purposes The first general assessment shall be adjusted according to the number of
months remaining in the calendar year The Executive Board shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general
assessment period The budget shall be presented to the Members in accordance with
N C G S §47F 3-103(c) Written notice of each general assessment shall be sent to every
Owner subject thereto The due dates shall be established by the Executive Board The
Executive Board shall require the general assessments to be paid at least annually, but
may require the general assessments to be paid more often 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
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect

INWrINESSS WHEREOF, Ha=L*,hit, teDe bzt hascmwddns uestu rnent to be
mwmAed by its President as of the day and year first wntten
HOME LUM, INC
By �►-�,
Ptmdan
Stara of Nordt Cacohna
County of NewHamover
L evi5, K S"S %vary a Notary Pubbc m and for the State and County aforesaid,
do h=by wfy that UlSon -,Qm _ w Preadent, of HOME LUE, INC. peasomMy MNMlllullllNl
appeared before me dus date_ and aclmowkx%W the due execution of the foregoing mmum ent.AN
z ;%o r
WnNESS my hand and Notanal Seal, tins th 2 Z day of u5t 20J _ A A''P�, Z
NotaryPubhc y$Of;• is_?p:° �.0
`4 FR couN.a�,

GOON+ Y t,�
0
M
� r
Q A
'L J
�RiILfiL��
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
•!f**fAf****kf*k*#+!!#ff*f•kkkkikt*kk#tk*M#f#!!#kkk*kkk##tk#tlitlA#iAAIAA#*fiAAk!##kttk##kk#!!A***#**k#Akkk#k!!t!!#!#A**
Filed For Registration:
Book -
Document No
Recorder
081221201411:21:29 AM
RE 5854 Page: 712-718
2014022179
5 PGS $26.00
HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014022179*
2014022179

Book 6043 Page 716
PG: 7 663 7 0Illtlllllllllll�llllllllll�l��llllllll
RECORDED: 2017007707 NC FEE $26.00
03-14-2017 NEW HANOVER COUNTY, NC
11:47:39 AM TAMMY THEUSCH BEASLEY
BY: STEPHANIE PEREZ REGISTER OF DEEDS
DEPUTY
PREPARED BY & RE URN TO:
Wilson Ki
1804 Martin Luther King Parkway #209
DURHAM, NC 27707
I
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 2 SECTION 7
THESE PROTECTIVE COVENANTS, made this the day of 1-O-evil
20I7, by Home Life, Inc., a North Carolina Corporation, its successors .and assigns, whether
one or more, hereinafter referred to as "Declarant".
WITNESSETH: .
WHEREAS, Home Life, Inc., was the original Declarant of the property known as
"Deer Crossing Phase 1 Section I" a map of same being recorded in Map Book 55 at Page
212 ofthe New Hanover County, AiN Carolina, Registry; and
WHEREAS, Home Life Incl recorded certain protective covenants of Deer Crossing
VCto Phase 1 Section K which are recorded in Book 5488 at page 20656 of the New
Hanover County, North Carolina, Registry, (herein the "Protective Covenants"); and
WHEREAS, in accordance with Article 3 and Article l l ' of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lyingadacenttoPhase
I Section 1 ofDeer Crossing, which shall be known as Deer Gassing Phase 2 Section 7.

Book 6043 Page 717
NOW, TIE.REFORE, the Declarant does hereby amend the protective Covenants
and exclusively apply to Deer Crossing Phase 2 as follows:
1. flow making subject to said Protective Covenants and annexing thereto, the
following bed properties:
Being all of Deer Crossing Phase 2 Section 7, and as shown on a map
thereof duly recorded in Map Book 6 '2- at Page 37 Y of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description.
WHEREAS, Rustling Leaves- Way referenced in the map of Deer
Crossing Phase 2 Section 7 is a private road and is subjected to assessment
under ARTICLE 6 section 1 (c). Deer Crossing Phase 2 Section. 7 members
will pay for these assessments.
WHEREAS, the DECLARANT desires to restate Article 4, Section 5.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 4, Section 5 is hereby amended by adding the following sentence:
"The ten (10) feet drainage and utility easement is centered on the lot limes when the lot
line is between two lots, or a ten (10) feet wide easement parallel to the lot line, ten (10)
feet being measured from the house closest to the lot line when a house is built closer
than five (5) feet to the lot line."
WHEREAS, the DECLARANT desires to restate Article 7, Section 7.
NOW, THEREFORE, the DECLARANT does -hereby amend the Protective
Covenants as follows:
Article 7, Section 7 is hereby restate as follows:
"Any installation of a drainage pipe must be approved by DECLARANT
or Committee in accordance with the terms of this Article. In addition, all
such installations must comply with all applicable governmental statutes,
ordinances and regulations."
WHEREAS, the DECLARANT desires to restate Article 7, Section 8.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 7, Section 8 is hereby restate as follows:
"All improvements, driveway connections, and plantings, including, but not
limited to; drainage pipes, landscape materials, irrigation systems, walls, and fences,
located within the road right-of-way must be approved by DECLARANT or Committee
as the right-of-way is private. Lot Owner shall be responsible for all roadway repairs
required because of damage caused by Lot Owners for failure to comply with this
paragraph. DECLARANT shall not be responsible for any such roadway repairs"
Article 9 item 7 -17 is hereby restate as follows:
7. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H.1000.

I
Book 6043 Page 718
.8. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management Permit.
9. These covenants are to run with the land and be binding on all persons and parties
claiming under there.
10. 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.
11. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
12. The maximum built -upon area per lot is 2430 SF. This allotted amount
includes any built upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the. front lot line and the edge of the pavement. Built
upon area includes, but is'not limited to, structures,`asphalt, concrete, gravel, brick, stone,
slate, and coquina, but does not include raised, open wood decking, or the water surface
of swimming pools.
13. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development, except for average driveway crossings, is strictly
prohibited by any persons.
14.7or those lots adjacent to surface waters, each lot will maintain a minimum 50
foot wide vegetated buffer adjacent surface waters.
15. All roof drains shall terminate at least 50 feet from surface waters.
16. Any individual or entity found to be in noncompliance with the provisions of
the stormwater management permit or the requirements of the stormwater rules found in
15A NCAC 02H.1000 and Session Law 2008-211, is subject to enforcement procedures
as set forth in N.C.G.S. 143, Article 21.
Article 9 item 17 is deleted.
WHEREAS, the DECLARANT desires to restate Article 6, Section 7.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 6, Section 7 is hereby restate as follows:
Article 6 Section 7. Date of Commencement of General Assessments and Due
Dates. is restated as follows:
The general assessments provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than DECLARANT or a builder approved by
the Declarant; provided, .however, assessments shall commence on Lots containing
occupied residences that are owned by Declarant or any builder on the first day of the
month following the occupancy the residence located on such Lot for residential
purposes. The first general assessment shall be adjusted according to the number of
months remaining in the calendar year. The Executive Board shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general
assessment period. The budget shall be presented to the Members in accordance with
N.C.G.S. §47F-3-103(c). Written notice of each general assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Executive Board. The

Book 6043 Page 719
Executive Board shall require the general assessments to be paid at least annually, but
may require the general assessments to be paid more often. 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.
WHEREAS, the DECLARANT desires to amend Article 10, Section 8 q to
clarify what animals is allowed in Deer Crossing.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 10, Section 8 q is hereby replaced as follows:
"No animals, livestock or poultry of any kind shall
be kept or maintained on any Lot or in any dwelling except that dogs, cats and no more
than time (3) chickens (only hens, not roosters) or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed td run free and are at all times properly leashed
and personally escorted and shall not become a nuisance or bother to other Owners. No
animals, livestock or poultry of any kind may be raised, bred or kept in any Common
Elements or Limited Common Elements. Pets must be restrained or confined within the
Lot. Owners must promptly remove any and all animal excrement from any and all
Common Elements, Limited Common Elements and Lot(s) and keep such area(s) clean
and free of pet debris. All animals must be properly tagged for identification"
Except as amended, the aforesaid. Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect.
INWITNESS WHEREOF, Home Life, Ina, the Declar<,1as caused this instrument to be
executed by its President as of the day and year first written.
HOME LET, INC.
By: J l V
President
State of North Carolina
County ofNew Hanover
�mr a Notary Public in and for the State and
County. aforesaid, do hereby certify that AAJ c (sue President,
of HOME LIFE, INC., personally appeared before me this date, and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and Notarial Seal, this the jLft"y of 6",
2017.
JAMES SARRY
Notary Public
Brunswick County, NC
�� �:6yyLbn• S�.`av�. �il,'Pra�S 7A� �1 , `� �-�'

Book 6043 Page 720
TAMMY THEUSCH o0 1 Y 0
BEASLEY New Hanover Counter
o -
Register of Deeds Register of Deeds z �7.
I
gI
320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] - Fax [phone]
l 0
State of North Carolina, County of NEW HANOVER
Filed For Registration: 03/14/2017 11:47:39 AM
Book: RB 6043 Page: 716-720
5 PGS $26.00
Real Property $26.00
Recorder: STEPHANIE PEREZ
Document No: 2017007707
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

J
BK: RB 6081
PG• 2417 2415
RECORDED:
2017026708 HC FEE $28.OD '
08-17-2017
NEW HANOVER COUNTY, NC
12:18:11 PM
TAMMY THEUSCH BEASLEY
BY: CAROL HUGHLEY REGISTER OF DEEDS
DEPUTY
PREPARED BY & RETURN TO:
Wilson Ki
1804 Martin Luther Kmg Parkway #209
DURHAM, NC 27707
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS OF
DEER CROSSING, PHASE 3 SECTION 8
j r-- f-%R„ -
e.,e.
1 eg
6iV :.
THESE PROTECTIVE COVENANTS, made this the 1 day of 2017,
by Home Life, Inc., a North Carolina Corporation, its successors and assigns, w e er one
or more, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Home Life, Inc., was the original Declarant of the property known as
"Deer Crossing Phase I Section I", a ma of same being recorded in Map Book 55 at Page
212 of the New Hanover County, North Carolina, Registry; and
WHEREAS, Home Life Inca recorded certain protective covenants of Deer Crossing
applicable to Phase I Section ); which are recorded in Book 5488 at page 2656 of the New
Hanover County, North Carolina, Registry, (herein the "Protective Covenants"); and
WHEREAS, in accordance with Article 3 and Article 11 of said Protective
Covenants, the Declarant, or its successors and assigns, has the right to develop and annex
additional land and make the same subject to Protective Covenants by an Amendment to
the Protective Covenants; and
WHEREAS, in accordance with Article 11, Section 3, of said Protective
Covenants, the Declarant has a right to amend the Protective Covenants in its discretion
until December 31, 2027; and
WHEREAS, the Declarant has developed additional lots lying adjaomttoPhase
1 Section 1 dDeer Cmming, which sballbeknown as Dees Cmssing Phase 3 Section 8.

NOW, THEREFORE, the Declarant does hereby amend the Protective Covenants
and exclusively apply to Deer Crossing Phase 3 as follows:
J. Noxy making subject to said Protective Covenants and annexing thereto, the
following described properties:
Being all of Deer Crossing Phase 3 Section 8, and as shown on a map
thereof duly recorded in Map Book at Page of the New Hanover
County, North Carolina, Registry, reference to which map is hereby made
for a more particular description.
WHEREAS, Eco Circle and Oak Canopy Drive referenced in the map of
Deer Crossing Phase 3 Section 8 is a private road and is subjected to
assessment under ARTICLE 6 section 1 (c). Deer Crossing Phase 3 Section
8 members will pay for these assessments.
WHEREAS, the DECLARANT desires to restate Article 4, Section 5.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 4, Section 5 is hereby amended by adding the following sentence:
"The ten (10) feet drainage and utility easement is centered on the lot lines when the lot
line is between two lots, or a ten (10) feet wide easement parallel to the lot line, ten (10)
feet being measured from the house closest to the lot line when a house is built closer
than five (5) feet to the lot line."
WHEREAS, the DECLARANT desires to restate Article 7, Section 7.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 7, Section 7 is hereby restate as follows:
"Any installation of a drainage pipe must be approved by DECLARANT
or Committee in accordance with the terms of this Article. In addition, all
such installations must comply with all applicable governmental statutes,
ordinances and regulations"
WHEREAS, the DECLARANT desires to restate Article 7, Section 8.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 7, Section 8 is hereby restate as follows:
"All improvements, driveway connections, and plantings, including, but not
limited to, drainage pipes, landscape materials, irrigation systems, walls, and fences,
located within the road right-of-way must be approved by DECLARANT or Committee
as the right-of-way is private. Lot Owner shall be responsible for all roadway repairs
required because of damage caused by Lot Owners for failure to comply with this
paragraph. DECLARANT shall not be responsible for any such roadway repairs."
Article 9 item 7 —17 is hereby restate as follows:
7. The following Covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 161011, as issued by the Division of
Energy, Mineral and Land Resources under NCAC 2H.1000.

8. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management Permit.
9. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
10. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the Division.
11. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
12. The maximum built -upon area per lot is 3,000 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.
13. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters, which drain to
the stormwater system or street, grading the lot to drain toward the street or directly into
the stormwater system, or grading perimeter swales and directing them into the
stormwater system or street.
14. Built -upon area in excess of the permitted amount will require a permit
modification.
15. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface
waters, measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of each side of streams and rivers and the mean high water line
of tidal waters.
16. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is subject to
enforcement procedures as set forth in G.S. 143, Article 21.
Article 9 item 17 is deleted.
WHEREAS, the DECLARANT desires to restate Article 6, Section 7.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 6, Section 7 is hereby restate as follows:
Article 6 Section 7. Date of Commencement of General Assessments and Due
Dates. is restated as follows:
The general assessments provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than DECLARANT or a builder approved by
the Declarant; provided, however, assessments shall commence on Lots containing
occupied residences that are owned by Declarant or any builder on the first day of the
month following the occupancy the residence located on such Lot for residential
purposes. The first general assessment shall be adjusted according to the number of
months remaining in the calendar year. The Executive Board shall fix the amount of the
general assessment against each Lot at least thirty (30) days in advance of each general
assessment period. The budget shall be presented to the Members in accordance with
N.C.G.S. §47F-3-103(c). Written notice of each general assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Executive Board. The
Executive Board shall require the general assessments to be paid at least annually, but
may require the general assessments to be paid more often. 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.
WHEREAS, the DECLARANT desires to amend Article 10, Section 8 q to
clarify what animals is allowed in Deer Crossing.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective
Covenants as follows:
Article 10, Section 8 q is hereby replaced as follows:
"No animals, livestock or poultry of any kind shall
be kept or maintained on any Lot or in any dwelling except that dogs, cats and no more
than three (3) chickens (only hens, not roosters) or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free and are at all times properly leashed
and personally escorted and shall not become a nuisance or bother to other Owners. No
animals, livestock or poultry of any kind may be raised, bred or kept in any Common
Elements or Limited Common Elements. Pets must be restrained or confined within the
Lot. Owners must promptly remove any and all. animal excrement from any and all
Common Elements, Limited Common Elements and Lot(s) and keep such area(s) clean
and free of pet debris. All animals must be properly tagged for identification."
Except as amended, the aforesaid Protective Covenants of Deer Crossing Phase I
Section 1, shall be, and remain in full force and effect.
INWM*TM WHEREOF, Ham I* Inc., teDeeW t, has causedtbis instrument to be
executed by its President as ofthe day and year first written.
HOME LIFE, INC.
By: PJJ5,0
President
State ofNordi Carolina
County ofNew Hanover
I, Jam; L. Vh faker , a Notary Public in and for the State and County. aforesaid,
do hereby certify thaU4UP-,V4 S6unk President, of HOME LIFE, INC., personally
appeared before me this date, acknowledged the due execution of the foregoing instnunent.
WITNESS my hand and Notarial Seal, this the / 7 day of k
2017.
atuu�rr+,i,� I
WF41Tq�,� ,
```Mt.l �.iQ.-
�4 Notary Alic

TAMMY THEUSCH "
BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] • Fax [phone]
State of North Carolina, County of NEW HANOVER
Filed For Registration: 08/17/2017 12:18:11 PM
Book: RB 6081 Page: 2411-2415
5 PGS $26.00
Real Property $26.00
Recorder: CAROL HUGHLEY
Document No: 2017026708
o JI
z �
-"'at�srtEfl�•
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.

111111111111
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MAGNEISH
2010 JUN 01 COUNTY NC
BK;5488 PG; 2656-2B88 FEE 4107 A
111161 # 22417
&F -m 'FD J'+2DTFC7/vE 60116WgWrS OF
-PEEk CR-0SS1N&t
?44SE i SEC Tr0n! 1.
W�o02¢S
5
RETURN TO Ol.4ur\)

the Association or any Owner as provided in Article 12 herein.
Section 3. The Association shall be responsible to maintain the Common
Elements and facilities located upon the Common Elements, Conservation and Buffer Areas,
and areas with similar descriptions, landscaped areas within road right-of-ways, the stormwater
runoff systems, sign easement areas, and fences or other property designated to be maintained
by the Association.
ARTICLE 9
Sto water Mention Facilities
DEER CROSSING, Phase 1, Section 1 and all future additional phases
and sections of Deer Crossing which are annexed.into the Subdivision as provided herein
contain certain stormwater retention facilities, the underlying fee of which is owned by
the Lot Owners as described and identified on the various maps of the Deer Crossing
subdivision recorded in the New Hanover County Registry.
The Declarant hereby reserves unto itself and its successors and assigns
the following easements and rights in, to and over those areas identified as Stormwater
Retention Facilities as shown and described on maps of Deer Crossing Subdivision
recorded in the New Hanover County Registry.
Easement and right to control the water level and water quality and
availability in the Stormwater Retention Facilities to the level required by Stormwater
Permit No. SW8 000245 and any applicable modifications, revisions or additional
permits required by the State of North Carolina.
1. All easements necessary to maintain the Stormwater Retention Facilities and all
easements and areas associated therewith, in compliance with Permit No. SW8
000245 and all modifications thereto including all necessary temporary access
easements for equipment and vehicles over any lot. Declarant shall repair damage
caused by use of any temporary easements. Provided, however, the Declarant shall
not be responsible for repairing any grassed or landscaped areas nor for replacing
any shrubs or trees within any Stormwater Retention Facility which are damaged or
removed in the course of any maintenance performed within such areas.
Furthermore, the Declarant and the Association may cut and create drains and
drainways both above ground and underground for the purpose of facilitating the
removal of surface water whenever such action may appear to be necessary in order
to maintain reasonable standards of health, safety and appearance along, over or
across any Lot.
2. These easements reserved herein expressly include the right to cut any trees, bushes,
shrubs or growth, the grading, cutting or ditching of the soil and any other necessary

action.
3. The right to regulate the use of and access to the Stormwater Retention Facilities by
all persons and entities including Lot Owners, including right to adopt rules and
regulations binding on all Owners regarding the use and/or non-use of the
Stormwater Retention Facilities including setting forth the maintenance
responsibility of the Owners. For example, the Owners shall be responsible for
maintaining that portion of the Stormwater Retention Facilities located upon their
lot which runs from the water line to the easement line as that area may fluctuate
with the rise and fall of the water level in the Stormwater Retention Facilities.
4. The right to assign and transfer Permit No. S W8 000245 and all modifications
thereto including all duties and responsibilities thereunder to the Association. The
Association by and through the members shall be obligated to accept transfer of the
permit and its rights, duties and obligations.
5. Any fence installed by the Declarant or Builder must be maintained in its original
condition and replaced, if required, by the Lot Owner on whose property the fence is
located, except fencing incorporated into an entrance feature of the Association
which shall be maintained by the Association. Any maintenance affecting the
appearance of the fence and the replacement of the fence must be approved by the
Declarant or Association. No fence installed by Declarant or Builder may be
removed without the written consent of the Declarant.
6. The Stormwater Retention Facilities may not be used for irrigation purposes on
individual Lots.
7. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 000245, as issued by the Division of
Water Quality under NCAC 2H.1000.
S. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
9. These 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.
10. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
11. The maximum allowance built -upon area per lot is 2650 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,

concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
12. In the case of a lot within CAMA's requlated AEC, where the Division of Coastal
Management calculates a different maximum allowable built -upon area for that lot
than is shown herein, the governing maximum built -upon area for that lot shall be
the most restrictive of the two.
13. This project proposes a curb outlet system. Each desinated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1(H:V)
side slopes or flatter, have a longitudinal slope no steeper than 5916, carry the flow
from a 10 year storm in a non -erosive manner, and maintain a dense vegetated
cover.
14. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the development except for average driveway crossings, is strictly prohibited by
any persons.
15. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
16. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
17. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
18. No lot shall be increased in size or otherwise adjust its boundaries by filling in the
waters, ponds, creeks or marshes on which it abuts, other than by natural accretion,
erosion or avulsion, without prior written approval of the Committee or
DECLARANT, and the appropriate state and federal agencies having jurisdiction
over the waters, if applicable.
ARTICLE 10
Restrictions on Use and Occupari
Section 1. No Lot shall be used except for single family residential
purposes. No commercial use shall be permitted on any Lot. No structure shall be erected,
placed or permitted to remain on any Lot other than one (1) detached, single family
residence dwelling not to exceed two and one-half stories in height above floor or piling
level and such outbuildings as are usually accessory to a single family residence dwelling,
including a private enclosed garage.