SW7061230_COMPLIANCE_20110105

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 7O�D�l�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
�DG �Q.15�
YYYYMMDD

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• Acceptance, January 07, 2011, 4:40 pm, WASHINGTON, NC 27889
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5,2011
CERTIFIED MAIL #7010 0290 0001 5628 7093
RETURN RECEIPT REOUESTED
Patrick McCullough
P.O. Box 778
Havelock, NC 28532
Subject: NOTICE OF INSPECTION
Stormwater Management Permit No. SW7061230
Craeberne Forest
Craven County
Dear Mr. McCullough:
On January 5, 2011, Robbie Bullock of the Washington Regional Office performed an inspection of your
file to determine the status of compliance with Stormwater Permit SW7061230. Permit Number
SW7061230 was issued to you on October 31, 2007 for the Craeberne Forest, located at Trent Creek
Road, New Bern, Craven County, North Carolina.
This letter is to notify you that deficiencies were found during your file inspection. As a result you may
be in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply
with terms, conditions and limitations of a Stormwater Management Permit No. SW7061230.
Due to the deficiencies noted in your file, DWQ will be performing a site inspection within the next 6-12
months. Please take this time to submit the required documents and inspect your permitted system.
Please correct any issues including the maintenance tasks listed in the enclosed O&M agreement. Long
term operation and maintenance are the responsibility of the permit holder until such time that the permit
is formally transferred through DWQ to another responsible entity.
As a result of the DWQ file review, the following deficiencies are noted:
1. Failure to Submit a Designer's Certification
Title 15A NCAC 2H .1008 0) requires that upon completion of construction, the designer for the type of
stormwater system installed must certify that the system was inspected during construction, was
constructed in substantial conformity with plans and specifications approved by DWQ, and complies with
the requirements of this Section. As of the date of this letter, DWQ has not received this certification.
North Carolina Division of Water Quality Internet: www.ncwaterquality.orq
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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NorthCarolina
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11. Failure to Provide Deed Restrictions
DWQ observed that proof of Recorded Deed Restrictions have not been provided to this Office. This is a
condition of Permit Number SW7061230 Part IL Schedule of Compliance Condition 48 and #9 which
states "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: (please see permit Page 5 for
full text requirements).
Required Response
This Office requires that you respond to this letter in writing to the address listed at the bottom of the
letterhead or the email of the inspector within 30 calendar days of receipt of this Notice. Please provide a
written "Plan of Action" which outlines the actions you will take to correct the noted deficiencies, a plan
for an inspection of your system for any operation and maintenance issues and a time frame for
completion of those actions.
1. Submit Designer's Certification.
2. Submit Recorded Deed Restrictions.
Thank you for your immediate attention to this matter. Please be advised, violations of the conditions of
a State Stormwater Permit are subject to a civil penalty assessment of up to $25,000.00 per day for
each violation pursuant to North Carolina General Statute 143-215.6A.Should you have any
questions regarding these matters, please contact either myself or Al Hodge, Regional Supervisior at
[phone].
Sincerely,
k�1Alll
Robbie Bullock
Surface Water Protection Section
Washington Regional Office
[e-mail]
ncdenr.gov
Enclosures: Designer's Certification
Inspection Report
cc: John Hennessy-NPS-ACOU
WaRO Files
DWQ Central Files

Compliance Inspection Report
Permit: SW7061230 Effective: 10/31/07 Expiration: 10/31/17 Owner: Patrick McCullough
Project: Craeberne Forest Subdivision
County: Craven Trent Creek Rd
Region' Washington
New Bern NC 28560
Contact Person: Patrick McCullough Title: Phone: [phone]
Directions to Project:
US Highway 17 South from New Bern to Trent Creek Road right at the light. Go 1/2 mile. Project is on left at dead end.
Type of Project: State Stormwater - General Permit State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Wilson Creek) (03-04-10 ) ( C,Sw,NSW)
2 - (Hayward Creek) (03-04-11) ( C;Sw,NSW)
On -Site Representative(s):
Related Permits:
Inspection Date: 01/05/2011 Entry Time: 02:00 PM
Primary Inspector: Robert E Bullock
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 03:30 PM
Phone: [phone]
Inspection Type: Compliance Evaluation
Page: 1

Permit: SVV7061230 Owner - Project: Patrick McCullough
Inspection Date: 01/05/2011 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Inspection Summary:
A file inspection of permit SW7061230 noted the following violations:
The designer's certification and recorded deed restrictions need to be submitted to this office.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: The Engineer's Certification and Recorded Deed Restrictions need to be
submitted to this office.
Yes No NA NE
In ❑ ❑ ❑
❑In❑❑
■ ❑ ❑ ❑
❑Is❑❑
Page:2

14:23 FAX [phone]
a 001/003
v 4,
JAN 14 2011
North
Beverly Eaves Perdue
Governor
W5ENR C� e becn�c
Carolina Department of Environment and Natural Resources
Division of Water Quality
Calash H. Sullins
Director
January 5, 2011
CERTIBIED MAIL 07010 0290 0001 5628 7093
RETURN RECEIPT REOUESTED
Petrick McCullough
P.O. Box 779
Havelock, NC 23532
Subject: NOTICE OF INSPECTION
Stormwater Management Permit No. SW7061230
Craeberne Forest
Craven County
Dear Mr. McCullough:
fffi 50�
Dee Freeman
Secretary
On January 5, 2011, Robbie Bullock of the Washington Regional Office performed an inspection of your
file to determine the status of compliance with Storrnwater Permit SW7061230. Permit Number
SW7061230 was issued to you on October 31, 2007 for the Craebeme Forest, located at Trent Creek
Road, New Bern, Craven County, North Carolina.
This letter is to notify you that deficiencies were found during your file inspection. As a result you may
be in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply
with terms, conditions and limitations of a Stormwater Management Permit No. SW7061230.
Due to the deficiencies noted in your file, DWQ will be performing a site inspection within the next 6-12
months. Please take this time to submit the required documents and inspect your permitted system.
Please correct any issues including the maintenance tasks listed in the enclosed 0&M agreement. Long
term operation and maintenance are the responsibility of the permit holder until such time that the permit
is formally transferred through DWQ to another responsible entity.
As a result of the DWQ file review, the following deficiencies are noted:
1. Failure to Submit a Designer's Certification
Title 15A NCAC 2H .1008 0) requires that upon completion of construction, the designer for the type of
stormwater system installed must ceRify that the system was inspected during construction, was
constructed in substantial conformity with plans and specifications approved by DWQ, and complies with
the requirements of this Section. As of the date of this letter, DWQ has not received this certification.
North Carolina Division of Water cluallty Internet www.ncwatereualitv.om
943 Washington Square Mall Phone: [phone]
Washington. NC 27669 FAX 252-94"215
An Equal Opportunity/APormatNe Action Employer- 50% Recycledn 0%Poet Coneumer Paper
None Carolina
Naturally

I

., `, �... ..... -..-...----
Project Name: E0E0"3E FoREsf sufiDfalslop
Stormwater Permit No.: SW W&IM
Designer's Certification
I, Msf-rA C. AwtUs as a duly
Registered Professional EngiojeK in the State of North Carolina, having been
authorized to observe odicall weekly/full time)
the construction of the project, --_CV-Ai5&6po8 Fb"Sr SHSalil15io.)
(Project)
for ?A-nucy. MC-CuU0141, (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 specificai .V „
Signature
Registratic
Date
Seal
t3 VrF, : ?*T n0IA:5 d ii✓
JAN 14 2011
u.*JPeIL -P,5veuPMi/r:

(033 -65.0 7
JAN 14 2011
Certification Requirements:
1.The drainage area to the system contains approximately the permitted
a reage.
_ZV2.The drainage area to the system contains no more than the permitted
ount of built -upon area.
46�f3.All the built -upon area associated with the project is graded such that
t�ie runoff drains to the system,
4.All roof drains are located such that the runoff is directed Into the
stem.
_P__ S.The outlet/bypass structure elevations are per the approved plan.
6.The outlet structure is located per the approved plans.
7.Trash rack is provided on the outlet/bypass structure.
B.AII slopes are grassed with permanent vegetation.
.A- 9.Vegetated slopes are no steeper than 3:1.
&lOThe inlets are located per.the approved plans and do not cause short-
Urcutting of the system.
117he permitted amounts of surface area and/or volume have been
rovided.
12.Required drawdown devices are correctly sized per the approved plans.
11AH required -design depths are provided. - -
F14,All required parts of the system are provided, such as a vegetated shelf,
��,�nn��'�d a forebay.
8�15.The required system dimensions are provided per the approved plans.

Ak
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
May 27, 2010
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7010 0290 0001 5628 2784
Mr. Patrick McCoullough & Mr. James Stallings
604 East Main Street
Havelock, North Carolina 28532
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
RE: Erosion and Sedimentation Control Plan No.: CRAVE-2008-608
Project Name: Craeberne Forest
SR 1221- Craven County
River Basin: Neuse Last Approval Date: September 17, 2007
Dear Sir or Madam:
REr--;� i"��fiw� v
MAY 2 7 2010
On May 24, 2010, personnel of this office inspected a project located on SR 1221 in Craven
County, North Carolina. This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -
disturbing activity of approximately 79.4 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing
activity. The purpose of this letter is to inform you that this activity was found to be in violation of
the Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If
you feel that you are not responsible for the following violations, please notify this office
immediately.
The violations found are:
a. Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. I I3A-57(5).
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internet: hftp://www.dir,enr.state.nc.us/pagesAandqualitysection.html
An Equal Opportunity / Affirmative Action Employer- 50%Recyded/10%Post Consumer Paper

CERTIFIED MAIL
Mr. Patrick McCoullough & Mr. James Stallings
May 27, 2010
Page 2
The inspection revealed that the approved erosion and sedimentation control plan has not
been properly implemented. A road has been roughed in through or behind an area indicated
as 404 wetlands and on property not: owned by the financially responsible party. This area is
not included on the approved plans.
b. Failure to take all reasonable measures to protect all public and private property from damage
by such land -disturbing activities. 15A NCAC 4B.0105.
C. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width to
confine visible siltation by natural or artificial means within the 25 percent of that portion of
the buffer zone nearest the land -disturbing activity. G.S. 113A-57(1).
d. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder, during or after the development of a site. 15A NCAC 4B.0113.
The inspection revealed that adequate and appropriate erosion and sedimentation control
measures or buffers have not been installed or maintained in critical areas throughout the
site. This has resulted in sediment entering an area indicated as 404 wetlands.
To correct these violations, you must, WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE OF
VIOLATIONS:
Submit an approvable revised plan along with the appropriate plan review fee showing all
planned or completed development activity not indicated on the erosion and sedimentation
control plan approved by this office on September 17, 2007. Provide copies of any necessary
permits or authorization to complete this activity.
2. In accordance with the approved plan properly install, reinstall, and maintain erosion and
sedimentation control measures, devices, and/or buffers throughout the site sufficient to
prevent sediment from entering a natural watercourse or other properties.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one -
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to
provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the
violations are corrected within the specified time period.

CERTIFIED MAIL
Mr. Patrick McCoullough & Mr. James Stallings
May 27, 2010
Page 3
In addition, if the violations cited herein are not corrected WITHIN 15 DAYS OF
RECEIPT OF THIS NOTICE OF VIOLATIONS this office may request that the Director take
appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and
I I3A-64. A penalty may be assessed from the date of the violation, pursuant to NCGS 1I3A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land -disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the Act. When corrective
actions are complete, you should notify this office so that work can be inspected. You should not
assume that the project is in compliance with the Act until we have notified you. After installation,
all erosion control measures must be maintained in proper working order until the site is completely
stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At
the same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be sent
to you upon request. Should you have questions concerning this notice or the requirements of the
Act please contact either Allison Ward or me at your earliest convenience.
Sincerely,
W
Patrick H. McClain, PE
Regional Engineer
PHM:aw
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
✓Mr. Alton Hodge, Regional Water Quality Supervisor
Ms. Tere Barrett, Division of Coastal Management Regional Supervisor
Mr. David Lekson, USACE Washington Regulatory Field Office
LQ Files

Land Quality Section: 943 Washington Square Mail, Washington, NC 27889 [phone]
County: '4 - Project:
Person financially responsible: I
Address: ttifly V
1. Project location: K ' LG j
Pictures: No: ❑ Yes: Prints: ❑ Slides: ❑ Video: Digital: ❑
n❑
2. Weather and soil conditions: �'`(�'L'{t_.i, , j�c l.�R1.YV'��
Initial inspection: Yes: ❑ No%
3. Is site currently under notice of violation.— Yes: y�tvo:
``❑,��,,
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No:l(J Him,
check violations below:
5. Violations:
❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.0107(c)
NX Inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. 113A-57(5)
❑ It. Graded slopes and fills too steep,
❑ c. Failure to submit revised plan, G.S. 113A-54.l(b) and
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
15A N.C.A.C. 413.0118(a)
❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
❑ d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and
,.j. Failure to maintain erosion control measures,
15A N.C.A.C. 413.0107(b) or 15A N.C.A.C. 413.0124(e)
15A N.C.A.C. 4B.0113
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ k. Other (describe)
Vf. Failure to take all reasonable measures, 15A N.C.A.C. 4B.0105
6. Potential NPDES Permit Violation? Yes:W- No: ❑ Describe:'V'f-1aL�il�'
7. Has sedimentation damage occurred since last inspection? Yes: Xlf yes, where? (check all that apply) It ❑
Lake/natural watercourse on the tract: N, Lake/natural watercourse off the
tract. ❑ Other pro erty.
Description:4��— �� MA a\t�L�
1� C 1lYlil.a
Degree of damage: slight moderate : ❑ severe : ❑
"
8. Contact made with (name): (C'A*Y%.xCr-e'1'-
Title:
Inspection report given: ❑ or sent to person financially responsible.
Date given/sent: 5-) Z7) /
9. Corrective actions needed:
I
Report by: . )
Date of inspection:
cc:
I ite..

r
BYLAWS
OF
CRAEBERNE FOREST PROPERTY OWNERS' ASSOCIATION, INC.
ARTICLE 1
NAME AND LOCATION
The name of the corporation is Craebeme Forest Property Owners* Association. Inc..
hereinafter referred to as the "Association:' The principal office of the corporation shall be located
in the County of Cravcn. State of North Carolina. but meetings of members and directors may be
held at such places within the State of North Carolina. County ot'Craven. as may be designated by
the Board of Directors.
ARTICLE 2
DEFINITIONS
2.1 "Articles" shall mean and refer to the Articles of Incorporation of Craebeme
Forest Property Owners' Association. Inc., said Articles being of record in the Office of the
Secretary of State of North Carolina.
2.2 "Association" shall mean and refer to Craebeme Forest Property Owners'
Association, Inc., its successors and assigns.
23 "Common Area" shall mean all real property owned by the Association for the
common use and enjoyment of the Owners.
2.4 "Declarant" shall mean and refer to Neuse Builders of New Bern. Inc.. its
successors and assigns, a North Carolina corporation.
2.5 "Declaration" shall mean and refer to the Declaration of Covenants and
Restrictions applicable to the Properties, dated December 10, 2008, and recorded in the Office of
the Register of Deeds of Craven County. North Carolina in Book 77b , at Page Id 3 .
2.6 "Lot" shall mean and refer to any numbered lot shown upon any recorded
subdivision map of the Properties with the exception of the Common Area.
Prepared By
Sumrell. Sue_. Camrichael. Hicks and I Ian. P.A.
Attorneys at Lae
416 Pollock Street
New Bern. North Carolina 28560

2.7 "Member" shall mean and refer to those persons entitled to membership as
provided in the Declaration and the Articles of Incorporation of the Association.
2.8 "Owner" shall mean and reter to the record owner, whether one or more persons
or entitles, of the 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.
2.9 "Pronerties" shall mean and refer to that certain real property described in the
Declaration of Covenants and Restrictions dated December 10.2008. and recorded in the Oftice of
the Register of Deeds of Craven County. North Carolina in Book 3L771a . Page (a 3 . and such
additions thereto as may hereinafter be brought within the jurisdiction of the Association.
ARTICLE 3
MEETINGS OF MEMBERS
3.1 Annual Meetings. The first annual meeting of the numbers shall be held the first
Friday in July tollov,ing the date of incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held on the first Monday in July of each year thereafter, at
the hour of 7:00 P.M. If the day for the annual meeting of the members is a legal holiday. the
meeting will be held at the same hour on the first day IbIlowing which is not a legal holiday.
3.2 Special Meetings. Special meetings of the members may be called at any time by
the President, or by the Board of Directors, or upon written request of the members who are
entitled to vote twenty-five percent (25%) of all of the votes of the Association.
33 Notice of Meetings. Written notice of each meeting of the members shall be given
by, or at the direction of. the Secretary or person authorized to call the meeting, by mailing a copy
of such notice, postage prepaid, at least ten (10) days but no more than sixty (60) days before such
meeting to each member entitled to vote thereat. addressed to the member's address last appearing
on the books of the Association. or supplied by such member to the Association for the purpose of
notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a
special meeting, the purpose of the meeting.
3.4 Quorum. The presence at the meeting of members entitled to cast, or of proxies
entitled to cast, twenty-five percent (25%) of the votes of the Association shall constitute a
Quorum for any action except as otherwise provided in the Articles of Incorporation, the
Declaration, or these By -Laws. 11'. however. such Quorum shall not be present or represented at
any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from
time to time, without notice other than announcement at the meeting, until a quorum as aforesaid
shall be present or be represented. Every act or decision done or made by a majority of the
members present at a duly held meeting at_which a quonim is present shall be regarded as the act
of the membership.
2

3.5 Proxies. At all meetings of members, each member may vote in person or by
proxy. All proxies shall be in writing and filed with the Secretary at least twenty-four (24) hours
before the appointed time for the meeting. Every proxy shall be irrevocable and shall
automatically cease upon conveyance by the member of the lot corresponding to his proxy.
3.6 Consideration of Annual Budget. At least 30 days before the annual meeting of
the members, the Board of Directors shall adopt a proposed budget and shall provide same with
the notice of the annual meeting of the members. with further notice that the ratification of the
budget %%ill be considered during said annual meeting. including a statement that the budget may
be ratified without a quorum. The annual meeting of the members shall be held not less than 10 or
more than 60 days after mailing of the copy or summary of the budget and notice. The budget is
deemed ratified at such meeting unless at that meeting ninety percent (90%) of all the Owners in
the Association rejects the budget. In the event the proposed budget is rejected. the periodic
budget last ratified by the Owners shall be continued until such time as the Owners ratify a
subsequent budget proposed by the Board.
ARTICLE 4
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
4.1 Number. The affairs of this Association shall be managed by a Board of three Of
directors. who need not be members of the Association.
4.2 Term of Office. The term of office for each director. shall be one (1) year.
Directors shall be elected at the annual meeting of the members. except as may be otherwise
provided for in the Articles.
4.3 Removal. Except a director appointed by Declarant pursuant to Article 6 of the
Articles of Incorporation, any director may be removed. with or without cause, by a majority vote
of the members of the Association. In the event of death, resignation or removal of a director, his
successor shall be selected by a majority vote of the members of the Association and shall serve
for the unexpired term of his predecessor.
4.4 Compensation. No director shall receive compensation for any service he
may render to the Association: however, any director may be reimbursed for his actual expenses
incurred in the performance of his duties.
4.5 Action Taken Without A Meeting. The directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the written
approval of all the directors. Any action so approved shall have the same effect as though taken at
a meeting of the directors.
3

ARTICLE 5
NOMINATION AND ELECTION OF DIRECTORS
5.1 Nomination. Nomination for election to the Board of Directors shall be made by
a Nominating Committee. Nominations may also be made from the floor at the annual meeting.
The Nominating Committee shall consist of a Chairman. who shall be a member of the Board of
Directors. and two (2) or more members of the Association. The Nominating Committee shall be
appointed by the Board of Directors prior to each annual meeting of the members to serve from the
close ol'such annual meeting until the close of the next annual meeting and such appointment shall
be announced at each annual meeting. The Nominating Committee shall make as many
nominations for election to the Board of Directors as it shall in its discretion determine. but not
less than the number ot'vacancies that are to be filled. Such nomination may be made from among
members or non-members.
5.2 Election. Election to the Board of Directors shall be by secret written ballot.
At such election the members or their proxies may cast_ in respect to each vacancy. as many votes
as they are entitled to exercise under the provisions of the Articles. The persons receiving the
largest number of votes shall be elected. Cumulative voting shall not be pennitted.
ARTICLE 6
MEETINGS OF DIRECTORS
6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held
quarterly without notice. at such place and hour as may be fixed from time to time by resolution of
the Board. Should said meeting fall upon a legal holiday. then that meeting shall be held at the
same time on the next day which is not a legal holiday.
6.2 Special Meetings. Special meetings of the Board of Directors shall be held
when called by the President of the Association. or by any two (2) directors, after not less than
three (3) days notice to each director.
63 Quorum. A majority of the number of directors shall constitute a quorum for
the transaction of business. Every act or decision done or made by a majority of the directors
present at a duly held meeting at which a quorum is present shall he regarded as the act of the
Board.
ARTICLE 7
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1 Powers. The Board of Directors shall have the power to:

A. adopt and publish rules and regulations governing the use of the Common
Area and facilities, and the personal conduct of the members and their guests thereon, and to
establish penalties for the infraction thereof. and
B. suspend the voting rights, and right to the use of any recreational facilities
or common areas, of a member during any period in which such member shall be in default in the
payment of any assessment levied by the Association. Such rights may also be suspended after
notice and hearings. as provided in the Declaration, for the infraction of published rules and
regulations: and
C. exercise for the Association all powers. duties and authority vested in or
delegated to the Association and not reserved to the membership by other provisions of these By -
Laws. the Articles of Incorporation, or the Declaration; and
D. declare the office of a member of the Board of Directors to be vacant in the
event such member shall be absent from three (3) consecutive regular meetings of the Board of
Directors: and
L. employ a manager. an independent contractor or such other employees as
they deem necessary. and to prescribe their duties:. and
7.2 Duties. It shall be the duty of the Board of Directors to:
A. Cause to be kept a complete record of all its acts and corporate affairs and
to present a statement thereof to the members at the annual meeting of the members, or at any
special meeting when such statement is requested in writing by eighty percent (80%) of the
members of the Association; and
B. supervise all officers, agents and employees of the Association, and to see
that their duties are properly performed; and
C. as more fully provided in the Declaration and Articles of Incorporation, to:
1. fix the amount of the annual assessment against each Lot at least
thirty (30) days in advance of each annual assessment period; and
2. send written notice of each assessment to every Owner subject
thereto at least thirty (30) days in advance of each annual assessment period; and
3. bring an action at law against the Owner of property for which any
assessment is not paid within thim, (30) days after the due date.
D. issue. or cause an appropriate office to issue. upon demand by any person, a
certificate setting forth whether or not any assessment has been paid. A reasonable charge may be
5

made at the Board for the issuance of these certificates. If a certificate states an assessment has
been paid, such certificate shall be conclusive evidence of such payment; and
E. procure and maintain adequate liability and hazard insurance on property
owned by the Association: and
F. cause all officers or employees having fiscal responsibilities to be bonded.
as it may deem appropriate: and
G. cause the Common Area to be maintained.
ARTICLE 8
OFFICERS AND THEIR DUTIES
8.1 Enumeration of Officers. The officers of the Association shall be a President
and Vice President, who shall at all times be members of the Board of Directors. a Sccreuarv. and a
Treasurer. who need not be but ntay be members ofthe Board of Directors. and such other officers
as the Board mac from time to time by resolution create.
8.2 Election of Officers. The election of officers shall take place at the first meeting
of the Board ol'Directors following each annual meeting of the members.
8.3 Term. The officers of the Association shall be elected by the Board and
each shall hold office I -or one (1) year unless he shall sooner resign, or shall be removed. or
otherwise be disqualified to serve.
8.4 Special Annointments. The Board may elect such other officers as the
afTairs of the Association may require, each of whom shall hold office for such period, have such
authority and perform such duties as the Board may, from time to time, determine.
8.5 Resignation and Removal. Any officer may be removed from the office with or
without cause by the Board. Any officer may resign at any time by giving written notice to the
Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of
such notice or any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
8.6 Vacancies. A vacancy in any office may be filled by appointment by the Board.
The officer appointed to such vacancy shall serve for the remainder of the term of the officer he
replaces.
8.7 Multiple Officers. The offices of Secretary and Treasurer may be held by the
same person. No person shall simultaneously hold more than one of any of the other offices
except in the case of special officers created pursuant to Section q of this Article.
6

8.8 Duties. The duties of the officers are as follows:
A. President. The President shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board of Directors are carried our, shall sign
all leases, mortgages, deeds and other written instruments. and shall co-sign all checks and
promissory notes.
B. Vice President. The Vice -President shall act in the place and stead of the
President in the event of his absence. inability or refusal to act. and shall exercise and discharge
such otter duties as nuty be required of him by the Board.
C. Secretam. The Secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the members: keep the corporate seal of the
Association and affix it on all papers requiring said seal: serve notice of meetings of the Board and
of the members: keep appropriate current records showing the members of the Association
together with their addresses. and shall perform such other duties as required by the Board. The
Board may, also appoint an Assistant Secretary in its sole discretion.
D. Treasurer. 'rhe Treasurer shall recciye and deposit in appropriate bank
accounts all monies of the Association and shall disburse such funds as directed be resolution of
the Board of Directors; sign all checks and promissory notes of the Association: keep proper books
to be made by a public accountant at the completion of each fiscal year: and prepare an annual
budget and a statement of income and expenditures to he represented to the membership at its
regular meeting, and deliver a copy of each to the members. The Board may also appoint an
Assistant Treasurer in its sole discretion.
ARTICLE 9
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member. The Declaration, the Articles of
Incorporation and the By -Laws of the Association shall be available for inspection by any
member at the principal office of the Association, where copies may be purchased at reasonable
cost.
ARTICLE 10
ASSESSMENTS
Each member shall pay to the Association annual and special assessments as determined
by the Board of Directors. Any assessments which are not paid when due shall be delinquent. If
the assessment is not paid within thirty (30) days after the due date, the assessment shall bear
interest from the date of the delinquency at the legal rate of interest. and the Association may
bring an action at law against the Owner personally obligated to pay the same, and interest. costs
7

and reasonable attorney's fees of any such action shall be added to the amount of such
assessment. No Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area or abandonment of his Lot.
ARTICLE 11
SEAL
The Association shall have a seal in circular form having within its circumference the
words: CRAEBERNE FOREST PROPERTY OWNERS' ASSOCIATION. INC.
ARTICLE 12
12.1 These Bylaws may be amended, at a regular or special meeting of the members.
by a vote of a majority of a quorum of members present in person or by prosy.
12.2 In the case of any conflict between the Articles of Incorporation. these Bylaws or
the Declaration. the provision in the Articles. the Bylaws or the Declaration giving the
Association the maximum amount of authority, power or discretion shall govern.
ARTICLE 13
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January of every year,
except that the first fiscal year shall begin on the date of incorporation.
Date: December 10, 2008
N:;SERV'EROI''L .V,LYSIRICS'OOMlb M VW
CERTIFIED TO BE A TRUE AND ACCURATE COPY
J /
By: �yZd �Q�r
HAZ B. MAGEE, Se tary/Treasurer
8

0
NORTH CAROLINA
CRAVEN COUNTY
AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, made and entered into this day of July, 2010, by and between P
& J of NEW BERN, LLC, a limited liability company duly organized and existing under and by
virtue of the laws of the State of North Carolina with its principal office and place of business in
New Bern, North Carolina (hereinafter "Declarant') AND ALL PROSPECTIVE PURCHASERS
AND OWNERS (hereinafter "Purchasers" or "Owners") of lots of land hereinafter enumerated
and situated in Craeberne Forest, Phase One, Section 1B, according to the plan of record in the
Office of the Register of Deeds of Craven County, North Carolina in Plat Cabinet H, Slides 175
A, B, C and D, the same depicting a subdivision in Number Eight Township, Craven County,
North Carolina, is as follows:
WITNESSETH:
WHEREAS, Declarant is the developer of Craeberne Forest, Phase One, Section 113
(hereinafter "Subdivision"), as the same is depicted on a map of record in the Office of the
Register of Deeds of Craven County, North Carolina in Plat Cabinet H, Slides 175 A, B, C and D;
and,
Prepared By
Sumrell, Sugg, Carmichael, Hicks & Hart, P.A.
Attorneys at Law
416 Pollock Street
New Bern, North Carolina 28560

WHEREAS, in conjunction with the development of the Subdivision, Declarant recorded
in Book 2776, Page 123 in the Office of the Register of Deeds of Craven County, North Carolina
a certain Declaration of Covenants, Conditions and Restrictions (hereinafter "Master
Covenants"); and,
WHEREAS, in Article XVI of the Master Covenants Declarant reserves the right to
subject real property adjacent or in close proximity to the Subdivision to the terms, conditions and
restrictions of the Master Covenants by executing and recording with the Register of Deeds of
Craven County an amendment to the Master Covenants describing the property being annexed;
and,
WHEREAS, in Article XVI of the.Master Covenants Declarant fi 1her reserved the right
to .subject any property annexed into the Subdivision to additional or different controls,
covenants, conditions, restrictions, easements, development guidelines, charges and liens from
those set forth originally in the Master Covenants; and,
WHEREAS, Declarant has developed Craebeme Forest, Phase One, Section 1B
(hereinafter "Additional Properties"), as shown on a map of same recorded in Plat Cabinet H,
Slides 175 A, B, C and D, in the Office of the Register of Deeds of Craven County, North
Carolina for single family "duplex" lots in close proximity to the Subdivision and does now desire
to add the Additional Properties to the Subdivision and to make the Additional Properties subject
to the Master Covenants, however subject to the additional or different provisions herein
described, all as allowed by Article XVI of the Master Covenants.
NOW, THEREFORE, Declarant hereby amends the Master Covenants as follows:
1. Additional Properties. The provisions of the Master Covenants shall apply fully
to the Additional Properties, and the Additional Properties are hereby added to the Subdivision.
`;

2. Restrictions. All terms and restrictions contained in the Master Covenants shall
be fully applicable to the Additional Properties, except as modified herein or by the plats of the
Additional Properties.
3. Membership in the Association. All Owners and Purchasers of the Additional
Properties shall become members of the Craeberne Forest Property Owners' Association, Inc., in'
accordance with the Master Covenants.
4. Lawn Maintenance and Landscaping. The Association shall (i) maintain all
lawns of Lots within the Additional Properties and (ii) maintain all landscaping within the
Additional Properties as originally installed by the Declarant. The Association shall have the right
of access over, across and through each Lot in the Additional Properties as necessary or desirable
for meeting its obligations under this paragraph.
5. Partv Walls. Each wall of each townhome which is built as part of the original
construction of the townhome upon a Lot and placed on the dividing fine between two Lots, and
all reconstruction or extensions of such walls shall constitute party walls, and to the extent not
inconsistent with the provisions of this paragraph, the general rules of law regarding party walls,
lateral support, belowground construction, and of liability for property damage due to negligence
or willful acts or omissions regarding such construction shall apply thereto. Such walls shall be
subject to the following additional rules:
a. The cost of reasonable repair and maintenace of a party wall shall be shared
pro rata by the owners who make use of the wall.
b. If a party wall is destroyed or damaged by fire or other casualty, any owner
who has used the wall may restore it, and if the other owner thereafter makes use of the wall, he
shall contribute pro rata to the cost of restoration thereof, without prejudice, however, to the
3

right of either of the owners to call for a larger contribution from the other under any rule of law
regarding liability for negligent or willful acts or omissions. Any insurance proceeds for loss by
fire or other casualty shall first be used to restore any damaged party wall.
C. Notwithstanding any other provisions of this Article, an owner who by his
negligence or willful acts causes a party wall to be exposed to the elements shall bear the whole
cost of furnishing the necessary protection against such elements.
d. The right of any owner to contribution from any other owner under this
Article shall be appurtenant to the land and shall pass to such owner's successors in title. The
rights of contribution herein enumerated shall not constitute a lien or encumbrance on the title to
the property against which such rights exist but shall be personal to the person owning the
property at the time the rights arise.
6. Insurance. Upon receipt of written notice as described in paragraph 10 herein,
the Association shall obtain, for the benefit of the Association and Owners of Lots in the
Additional Properties (as their interests may appear), a "master policy" of property and casualty
insurance covering all buildings as originally constructed by the Developer within the Additional
Properties, including coverage for the interior, finished flooring and carpets, finished ceilings, all walls,
any other finished surfaces, appliances, fixtures and all other improvements constructed thereon as
originally constructed by the Developer, but specifically excluding therefrom any personal property
located therein or other betterments or improvements constructed or installed by the Owner thereof
after the initial construction by the Developer, in an amount equal to the maximum insurable
replacement value thereof as determined annually by the insurance company affording such coverage.
Such coverage shall afford protection against: (a) loss or damage by fire and other hazards covered by
the standard extended coverage endorsement and (b) such other risks as from time to time customarily
4

shall be covered with respect to buildings similar in construction, location and use, including but not
limited to vandalism and malicious mischief. In the event of any insured loss for which the
Association receives reimbursement or payment under any policy of insurance procured by the
Association, the Association shall (a) utilize such reimbursement or payment for the replacement,
repair or reconstruction of the improvement damaged, (b) be authorized and entitled to utilize the
proceeds so received in the replacement, repair or reconstruction of the improvement damaged,
and (c) be entitled to undertake such replacement, repair or reconstruction upon any Lot.
Notwithstanding the foregoing, the Owners of Lots in the Additional Properties shall be
responsible for insuring their personal property, other betterments or improvements constructed or
installed by the Owner thereof after the initial construction by the Developer, all other property
specifically excluded from coverage under any policy obtained hereunder and any such owner's
personal liability. EACH OWNER IS ADVISED TO OBTAIN A COPY OF THE MASTER
POLICY OF INSURANCE PURCHASED BY THE ASSOCIATION HEREUNDER SO THAT
EACH OWNER CAN PROCURE SUCH OTHER OR FURTHER POLICIES OF INSURANCE
COVERING RISKS, EVENTS OR CIRCUMSTANCES EXCLUDED FROM THE
COVERAGE AFFORDED THEREUNDER.
7. Maintenance of Exterior of Townhomes. Upon receipt of written notice as
described in paragraph 10 herein, the Association shall maintain, clean, repair and replace the
roof, shingles, gutters, downspouts and all other exterior surfaces (except for those exterior
components herein specifically excluded) of all buildings located thereon and may maintain, clean,
repair and replace any other improvements located thereon. Notwithstanding the foregoing, the
Association shall not be responsible for the maintenance, cleaning, repair and replacement of
windows, screens, glass doors, exterior light bulbs or exterior light fixtures, heating, air
E

conditioning or other utility systems, the interior of any building constructed upon a Lot, concrete
patio, or the interior of any covered or enclosed porch or deck.
8. Budget Process. The Association shall appoint a standing committee of three
owners of Lots within the Additional Properties, to function as a standing budget committee for
the Additional Properties. This standing budget committee shall be reappointed annually (with
standing members subject to reappointment). This standing budget committee shall submit
annually, at least sixty days prior to the date of adoption of the annual budget of the Association,
a recommended budget for dues for the Additional Properties. The Board of Directors of the
Association shall review such proposed budget, and shall negotiate in good faith with the
designated budget committee of the Additional Properties to reconcile any disagreements as to
said budget, which budget shall specifically include reserves for replacement and maintenance of
improvements subject to the maintenance responsibilities of the Association. The Board of
Directors of the Association shall, however, have final budgetary authority, and shall be
responsible for finally assessing the dues, which shall be based upon the supplemental budget
adopted for the Additional Properties by said Association. Reserves may be collected on a basis
weighted towards higher payments closer in time to estimated time of replacement of assets,
rather than on a straight line basis.
9. ' Dues. The costs incurred by the Association in providing the services herein
contemplated shall be charged exclusively to Owners of Lots in the Additional Properties (and not
to Owners of other Lots in other sections or Phases of the Subdivision), either (i) equally to all
Lots in the Additional Properties to the extent any such cost represents a service that benefits all
Lots in the Additional Properties or (n) unequally among Lots in the Additional Properties to the
2

extent any such cost represents a service that benefits fewer than all Lots in the Additional
Properties or which benefits specific Lots exclusively.
10. Written Notice As to Association's Insurance or Maintenance Obligations.
The services herein contemplated in paragraphs 4, 6, and 7 shall only be provided by the
Association upon receipt of a written request signed by owners of not less than 66% of the Lots
located in the Additional Properties, said notice identifying such service or services to be
provided. Such notice must be received by the Association at least ninety (90) days prior to the
commencement of the Association's annual budget or fiscal year and must contain an explicit
acknowledgment that the service or services to be provided will result in increased dues or
assessments related thereto.
IN TESTIMONY WHEREOF, P & J of New Bern, LLC has executed this instrument in
such form as to be binding, on the day and year first above written.
Lo
P & J OF NEW BERN, LLC
Patrick O. McCullough, Manager
7

NORTH CAROLINA
CRAVEN COUNTY
I, the undersigned Notary Public of the aforesaid County and State, do hereby certify that
Patrick 0. McCullough personally appeared before me this day and acknowledged (i) that he is
the Manager of P & J OF NEW BERN, LLC, a limited liability company, and (ii) that by
authority duly given and as the act of such limited liability company, he signed the foregoing
instrument in the name of such limited liability company on such limited liability company's behalf
as its act and deed.
WITNESS my hand and notarial seal, this day of July, 2010.
My Commission Expires: NOTARY PUBLIC
NOTARY SEAL/STAMP MUST APPEAR
LEGIBLY IN ABOVE BOX
MSERVER02I SSLSSOOMO0019912.00O. O

Patrick McCullough met with Amy Adams and Robbie Bullock on 2-22-2011. Amy approved the recorded
deed restrictions that were submitted since it mentioned that the Stormwater Permit has limited the
built -upon area. Mr. McCullough said that all houses had to come before the architectural committee
and they will verify that the built upon area is not exceeded. Amy reminded Mr. McCullough that he is
responsible if built upon is exceeded due to the permit is in his name.

�I
Inage ID: 00000157775: Type: CRP
Recorded: 12/10/2008 at 04:05:13 FM
Fee ant: $119.00 Page 1 of 36
Craven, NO
Sherri B. Richard Register of Deeds
SK2776 P�123
NORTH CAROLINA
CRAVEN 0A N'I }
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
THIS DL•CL:1R:\T'10.\' OI CO1'I:\';ti\ I:S. CO.\'UI'r10:V.S :1\'D RI:STR►C"r10:\'S,
nrldr and cnlercd inp this I()"'ilay of December. ?Iltlti. by :utcl hchvccn P i .1 QP NP:\Y BI=RN.
LLC. a limitnl liahilily annpany duly ors;inizcJ ,ln l r. islill'-' untkr:lncl I time nf'Ihr lat z if
the Slate of Norlh (':n'olina a illt its In'incip;ll nflice ;utd plLlcc of husiness in Nov Bern. North
C:unlina (hcreinafler "Dechu'ane"): lmm—'r COI..I...\TClzm' SERVICE CORPORATION.
Trusice Ibr 13ranch Banking and' 'hrust Cony)an}': BRANCH BANKING :km) 'rRuS'r
COMPANY. a Nonh Carolina banking an'Poralion with an office and place 01' business in
Craven County, North Carolina (hercinafier *�l3cnclici:u)'"); C'R:\EBEWNE FOREST
PROPERTY 0\\'N'ERS, ASSOCIATION, INC. (hcrcinaficr '•Associ:ltinn"): and all
PROSPECTIVE PURCHASERS and 011'NERS.(llerc":llirr'y'ureh2sers" or -Owners") ol•
Lots of land hereinalicr enumerated Lmd situate in Craeheme Forest. Phase I. Seclioll _':k.
ZIMM'din-, to the plan of'recOrd in the Office ol' the Rrgister of Decds of Crlven County. North
Cm'olina in Phlt Cabinet H. Slides 1_ 6A thruu-1h I GD, the ;alne dcpictin, a Subdivision in
Number Ci uht (S) Tun nship. Craven Cbunty..North Carolina. is as I, llows:
IN" I.1'N'ESSETII:
/ I'rcpared 13v f ��..r te'• �/
•J iumrcll. tiu��. i'armichael. Hicks&
Womc'a at Lau
=Iit ?ollOcl: Sired
-Ne%. Bern. N'onh Carolina ?S?i;n

a
IRMINIM1 1111L01IIWIIWII 1
Image ID: 0000015,7755 Type: CAP
Papa 2 of 36
sK2776 PD124
THAT WHEREAS, Declarant is the Owner of numbered Lots 122 through 132, Lots 206
through 227 and 254 throuah 270. inclusive (hereinafter individually "Lot" or collectively
"Lots") and parcels labeled Common Arca in Craeberric Forest, as all are shown and designated
on a plat entitled "Craebcme Forest, Phase 1, Section 2A" (hereinafter "Subdivision"), of record
in the Office of the Register of Deeds of Craven County in Plat Cabinet Ff. Slides 136A through
136D, and.
WHEREAS. DECLARANT hereby makes this Declaration of Covenants. Conditions and
Restrictions (hereinafter "Instrument") fir the purpose of restricting the aforesaid numbered
Lots and Common Area in accordance with the conditions hereinafter set out so as to promote
the best interest of the PURCHASERS and 10 protect their investments, and to protect the best
interest of the DECLARANT and to protect its investments; and,
WHEREAS, DECLARANT hereby agrees with the PURCHASERS to convey said Lots
according to the plan hereinabove mentioned subject to this Instrument, and ties Instrument shall
be binding and in full force and effect upon each and every Purchaser, whether or not this
Instrument is mentioned in the deed, so that these said Lots shall constitute a desirable
residential community.
The covenants and restrictions are as follows:
ARTICLE I
ARCHITECTURAL CONTROL
a. Prior' 40MOval Re uireel ror all Gu rovernenrs• No exterior construction,
alteration, improvement, repair, replacement or addition of any nature whatsoever (including but
not limited to a building, home, residence, outbuilding, driveway, vista dock, walkway, fence,
wall, garage, patio, carport, playhouse, swimming pool or other structure, staking, clearing,
excavation, ditching, grading, tilling, change in color or type of any existing improvement,
planting or removal of landscaping materials, exterior Iighung, placement or installation of

immiiio®lliilmmp
tmeae to: Omaiti71756 Type: car
25 3 of 39
4776 r�1
statuary, flags, fountains and similar items, in?provements or modifications to the roof. material.
color, paint stain or varnish, or the interior porches. patios or similar portions of a structure
which are visible from outside the structure) shall be commenced, placed or maintained upon a
Lot or any portion thereof until complete and final plans and specifications setting forth the
information hereinafter described shall have been submitted to. and approved in writing by. the
Architectural Review Board (hercinalier the "ARB" as herein defined and described) as to the
harmony of the exterior design and general quality with the existing standards of the Subdivision
and as to location in relation to surrounding structures and topography. The ARB is authorized
to adopt procedures regarding applications for design approvals and the procedure it uses for
processing applications.
b. Pt_onurlgation of Develop lent Slanclnrds. Declarant shall prepare initial
Development Standards. which may contain general and specific provisions applicable to any and
all construction, alteration, improvement. repair, replacement or addition of any nature
whatsoever upon any Lot, which may specifically prohibit or require the use of certain materials
for construction in the Subdivision and which may impose different standards, provisions or
restrictions as between Lots or groups_of Lots based upon location. size, configuration or other
similar or related attributes. The Development Standards are intended to provide guidance to
Owners regarding matters of particular concern to the ARB considering applications. In addition
to addressing architectural features, the Development Standards may include guidelines for
landscaping and any other improvement of any Lot and may likewise contain guidelines for the
approval or consideration of any specific item delegated to the ARB under this Instrument. The
Development Standards are not the exclusive basis f'or decisions of the ARB and compliance
with the Development Standards does not guarantee approval ofany application. In addition. the
Development Standards may contain certain types or categories of construction, alteration.

Image IN 0OW01677757 Tvpa: Cqp
aK2776 Pa12V 4 of 36
addition or repair work which may be exempt or excluded from approval by the ARB as herein
described.
Declarant shall have sole and full authority to amend the Development Standards for so
long as the Declarant owns any Lot or Lois. Thereafter. the ARB shall have the authority to
amend the Development Standards. \n%' amendments to the Development Standards shall be
prospective only and shall not apply to require modifications to or removal of structures
previously approved once the approved construction or modification has commenced. There
shall be no limitation on the scope of amendments to the Development Standards. and such
amendments may remove requirements previously imposed or otherwise make the Development
Standards less restrictive.
By way of illustration and not limitation. the Development Standards may regulate or
prohibit (in the case of certain types of materials or design features) the following specific items:
(i) The type of garage for any residence constructed upon any Lot and
whether detached garages or"drive under" garages are permitted or required;
(ii) The type of material for ground level exterior of all structures;
(iii) The type of material for all exteriors above the ground level of all
dwellings;
(iv) The type ofmaterial for all window casings and porch ceilings;
M The type of material for all rooves of all dwellings;
(vi) The type and style of all windows of all structures:
(vii) The type and style of all landscaping and the sequence of the installation
of landscaping relative to the initial completion and occupancy of any dwelling constructed on
any Lot:
(viii) The type and style ofmailhoxes utilized by all Owners of Lots;
4

image ID: =001577758 TY00: CW
Page 5 of 36
&K2776 Pc,127
(ix) whether solar panels shall be allowed upon any Lot or in the Subdivision:
or
(x) All items requiring approval by the ARB under this Instrument.
C. Declarant Frent3tiott• Notwithstanding anything stated to the contrary herein.
nothing contained in this Articic shall be construed as prohibiting any construction, alteration.
addition or removal by the Declarant upon any portion of the Subdivision or upon anc Lot or
Lots while such is owned by the Declarant. Any construction, alteration. addition or removal
performed by the Declarant upon any portion of the Subdivision or upon any Lot or Lots while
such Property is owned by the Deelarant shall be exempt from the provisions of this Article.
ARTICLE H
ARCHITECTURAL REVIEW BOARD
a. 'E.rchrsive .hrriscfictlon and Plan Approval Process. The Architectural Review
Board (hereinafter "ARB") shall have exclusive jurisdiction over all construction, alterations,
improvements, repairs, replacements or additions on any portion of any Lots. Responsibility for
the review of all applications under this Article shall be vested in the ARB. All plans and
specifications for any construction, alteration, improvement, repair, replacement or addition
whatsoever to be erected on any Lot, including, but not by way of limitation. fences, type of
exterior material and exterior color and the proposed location and orientation in relation to
streets, the construction material, the roofs and exterior color schemes, any later changes or
additions after initial approval thereof and any remodeling, reconstruction. alterations, or
additions thereto on amLot shall be subject to and shall require the approval in writing by the
ARB before any such work is commenced by the ARB. Such application shall also include the
name of the contractor, a statement as to the classification of contractor's license held by such
contractor and the address and telephone number of the contractor. If the identity and license
5

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infbrmation for the contractor is not available when the Owner makes application to the ARB.
the information shall be submitted to alie ARB at least thirty (30) days prior to commencement of
construction.
b. Wembejwhin n/' dRB. 'file ARB shall be composed of three (3) members. For so
lone as Declarant owns any Lot or Lots. Declarant shall have the right to appoint and remove for
cause or without cause members of the ARB. The initial members of the ARB are Patrick 0.
McCullough. James M. Stallings. Jr. and B. T. Odham. Upon the resignation ol'all of the initial
members of the ARB. Craeberne Forest Property Owners' Association. Inc. (hereinafter
"Association") shall have the right to appoint and remove members of the ARB, for cause or
without cause. So long as any of the initial members of the ARB serve, upon the resignation of
any of the initial members, the remaining initial members shall have the right to appoint the
successor. Members of the ARB need not be Owners. Members of the Association or
representatives of Owners or Members, and may, but need not. include architects, landscape
architects, engineers or similar professionals, whose compensation. if any, shall be established
from time to time by the Association.
C. Fees and Content of Plans. The ARB may establish and charge reasonable fees
for review of applications hereunder and may require such fees to be paid in full prior to review
of any application. Such fees may include the reasonable costs incurred by the ARB in having
any application reviewed by architects, engineers or other professionals. Any fee as established
by the ARB shall be submitted to the ARB with two (2) complete sets of the final plans and
specifications for any and all proposed improvements. the erection or alteration of which is
desired. and no dwellings or improvements of any kind shall be erected. altered, placed or
maintained upon any Lot unless and until the final plans. elevations. and specifications therefor
have received written approval as herein provided. Such plans shall include at a minimum plot
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plans showing the location on the Lot of the building, wall, lence or other improvement proposed
to be constructed. altered, placed or maintained. together with the proposed construction
material, color schemes for roots and exteriors thereof and proposed landscaping. and the ARB
reserves the right to require am and all additional or further information it deems necessary or
desirable to consider such plans. The .ARB shall have the right Gonh time to time to increase or
decrease the review Ice herein required.
d. Rerien• ScbeJtde. All plans. specifications and details submitted to the ARB shall
be reviewed in compliance with a review schedule promulgated I}on1 time to time by the ARB.
One (1) set of said plans. specilications and details with the approval or disapproval endorsed
thereon shall be returned to the person submitting them and the other copy thereof shall be
retained by the ARB for its permanent files.
e. Riehl to Dirrprove Plans. The ARB shall have the right to disapprove any
plans. specifications or details submitted to it in the event the same are not in accordance with
any of the provisions of this instrument or the Development Guidelines, if the design or color
scheme of the proposed dwelling or other improvement is not. in harmony with the general
surroundings of such Lot or the Subdivision or with the adjacent dwellings or improvements. if
the plans and specifications submitted are incomplete, or in the event the ARB deems the plans,
specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of all
or any part of the Subdivision, or the Owners thereof. The decisions of the ARB shall be final
and not subject to appeal or review. ARB approval of proposals, plans and specifications, or
drawings for any work done or proposed, or in connection with any other matter requiring
approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any
similar proposals. plans and specifications, drawings, or other matters subsequently or
additionally submitted for approval.
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t. Lindtanan rr The standards and procedures established pursuant to this
Article are intended to provide a mechanism fur maintaining and enhancing the overall aesthetics
of the Subdivision only and shall not impose on Declarant, the Association or the ARB any duty
to any Owner. Neither Declarant. the Association. nor the ARB shall bear any responsibility for
ensuring the structural integrity or soundness of approved construction or modifications. the
adequacy of soils or drainage. or f'or ensuring compliance with building codes and other
governmental requirements or regulations. IN ALL CASES THE OWNER IS RESPONSIBLE
FOR ENSURING COMPLIANCE WITH BUILDING CODES AND OTHER
GOVERNMENTAL REGULATIONS AND FOR ENSURING TIME STRUCTURAL
INTEGRITY OR SOUNDNESS OF PROPOSED CONSTRUCTION OR MODIFICATIONS.
THE ADEQUACY OF SOILS OR DRAINAGE. Neither Declarant. the Association. the ARB.
nor any member orally of the foregoing, shall be held liable for any injury, damages, or loss
arising out of the manner or quality of approved construction on or modifications to any Lot.
g. Carmnencentenr b Consrrudion A rer Plan ,Ipyroval. If construction does not
commence on a project for which plans have been approved by the ARB within one year after the
date of approval thereof, such approval shall be deemed withdrawn and it shall be necessary for
the Owner to reapply for approval before commencing any activities. Once construction is
commenced, it shall be diligently pursued to completion. All work shall be completed within
one year of commencement unless otherwise specified in the notice of approval or unless the
ARB grants an extension in writing, which it shall not be obligated to do. If approved work is
not completed within the required time, it shall be considered nonconforming and shall be
subject to enforcement action by the Association. Without limiting the generality of the
foregoing, the Association may, in its sole discretion. either restore the Lot to the condition that
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existed before construction began or may complete construction, either at the Owner's costs and
with lien rights created herein and under North Carolina law.
h. ('omPlianre Cer•rilirale. The ARB shall. within a reasonable time after request by
an Owner. furnish to any Owner a certificate in writing signed by a member of the ARB, stating
whether any exterior addition to. change in, or alteration of anv structure or landscaping owned
by such member on a Lot is in compliance with the provisions of this section. and such certificate
shall be conclusive as to whether (lie same is in such compliance.
. i. ReSIM-alion lVork-luNmrked lnr f iolaiion. In the event that any construction or
alteration or landscaping work is undertaken or performed upon any portion of a Lot without
application having been first made and approval obtained as provided in paragraph (a) of this
section, said work shall be deemed to be in violation of this Instrument, and the Owner upon
whose Lot said work was undertaken or performed may be required to restore to its original
condition, at his sole expense. the Lot upon which said work was undertaken or performed.
Upon the failure or refusal of any Owner to perform the restoration required herein, the
Association, or its authorized agents or employees, may, afier fourteen (14) days' notice to such
Owner, enter upon the Lot upon which such unauthorized work has been performed, and make
such restoration as the Association, in the exercise of its discretion, may deem necessary or
advisable. The Owner upon whose Lot such restoration work shalt have been so performed shall
be personally liable to the Association for all direct and indirect costs which the Association shall
incur in the performance of such restoration work, including without limitation attorneys fees.
and the liability for such cost shall be secured by all the liens. and shall be subject to the same
means of collection. as the assessments provided liter in this instrument. Such costs shall be paid
to the Association by the Owner at such (ime. and in such installments, as the Association shall
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j. &i 171 to lnspecy. The ARB or its agents shall have the right to inspect all
construction to insure that such construction and resulting improvements are in accordance with
the approved plans. specifications and details. No structure or improvement shall be made unless
it conforms substantially to the approved plans, specifications and details.
k. 01her• Powers. ]it addition to the foregoing provisions of this Section. the ARB
shall have such other powers and duties conferred upon it by this instrument.
ARTICLE 111
EASEMENTS
a. Creation and ReservyHo r o1 Facentents. Easements, ifany, shall be as shown on
the recorded map of the Subdivision. and Declarant hereby reserves any such easements for
itself: its successors and assigns. All easements shown on the recorded map of the Subdivision
shall be deemed relocated upon a combination or recombination of Lots in accordance with
Article IV (u) below. Declarant furthermore reserves the right of access, ingress, regress, and
egress and the right to maintain and install utilities within all such easements and within all
streets depicted on the recorded plat of the Subdivision, for the. benefit of any real propem•
owned by Declarant. for the benefit of any real property reserved by and in favor of Declarant as
herein below described, or for the benefit of any other real property to which Declarant may grant
the rights to use such easements.
b. Reservation (or Utilitv Easement. Declarant reserves the right to subject the real
Property in this Subdivision to a contract with a service company deemed appropriate by
Declarant for the installation of underground electric cables and/or the installation of street
lighting, either or both of which may require an initial payment and/or a continuing monthly
payment to said service company by the Owner of each Lot.
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In addition to the Corego
,, in". the Developer reserves the right to subject the real property
in the Subdivision to a contract wilh Progress Energy Carolinas for the installation of street
lighting which requires a continuing monthly payment to Progress Energy Carolinas by each
residential customer. Upon annexation, the monthly pa}'tncnt shall continue to be paid by RSL
(Residential Subdivision Lighting) customers to Progress Energy Carolinas until such time as the
governmental authority either accepts the existing street lighting system without change or
accepts the system with PEC (Progress Energy Carolinas) being compensated lix any required
changes.
C. Reservation Regarding Excavation and Construction of Lakes. Recognizing that
Developer intends to create man-made lakes within the Subdivision. the Developer reserves the
right of access, ingress, regress, and egress across all Lots and Common Areas in the Subdivision
to excavate and construct such lakes. Furthermore. in the event any Lots in the Subdivision are
conveyed by the Developer prior to the time Developer completes construction and excavation of
said lakes, Developer shall retain the right to adjust upon completion of construction of the lakes
the boundary lines for such Lots, without the consent or permission of the.Owners of such Lots.
through the preparation and recordation of an amended plat for the Lots so affected. In the event
such adjustments reduce the square footage of any such Lot by more than 20%/ Developer agrees,
upon request of such Owners, to purchase Isom such Owners the Lot upon the same terms and
conditions, including purchase price, as contained in the original purchase contract between
Developer and such Owner.
ARTICLE IV
RESTRICTIONS

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I
In order to provide for the maximum enjoyment of the Lots and the Subdivision by all of
the residents thereof' and to provide protection for the value of the same. the use of the Lots shall
be restricted to, and shall be only in accordance with. the following provisions:
a. Lmnd Use and Buihliri Q Tine No structure shall be erected, altered, placed, or
Permitted to remain on am Lot other than for use as a single family residential dwelline. No
mobile. modular. and/or manufactured home shall be allowed within the Subdivision or upon any
Lot. All 0%6ers of Lots bordering the manmade lakes to be constructed by the Developer in the
Subdivision shall maintain all landscaping to the waters edge of such lakes, regardless of the
actual location ofa particular Lot's boundaries.
b. Dfne/line .4i=c. Any dwelling erected upon any Lot shall contain not less than
2,000 square feet of total floor area, as determined by exterior dimensions, exclusive of open
porches and garages. provided that the ARB may give credit toward the foregoing minimum
square footage requirement for the floor area of covered porches, in the ARB's discretion, and
may further waive such square footage requirement, in the ARB's discretion, up to 20% thereof.
C. DWelIhm Ouulirv. All dwellings erected upon any Lot shall be constructed of
material of good grade, quality, and appearance, and all construction shall be performed in a
good workmanlike manner.
d• Set Buck Lines. No dwelling shall be located on any Lot any nearer to the front,
side or rear Lot lines than as shown on the recorded plat. In addition. no dwelling shall be
located other than as shown on the recorded map of the Subdivision.
e. Prohihiled ArN'litiev. No noxious. offensive. unsightly or unkept activity shall be
conducted on any Lot. Each Uwner of am' Lot, his thmily. tenants, guests and invitees. shall
refrain from any act or use of his Lot which could reasonably cause embarrassment. discomfort.
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annoyance or nuisance to any other resident or residents ol'am' other Lot. Storage or placement
of fixtures. appliances, machinery, bicycles, towels. equipment or other goods or chattels on any
Lot which is visible Iroln outside of the Lot (including but not limited to stoops, driveways.
garages. decks. patio areas and docks) is prohibited except as specifically permitted in this
Instrument. Rules adopted by the .Association may restrict or control storage or placement ol-
furniture and potted plants in areas ofa Lot that are visible from outside the Lot.
I: \Wsunc•es.' No nuisance shall be permitted to exist upon any Lot. Without
limiting the generality of the foregoing. no exterior speakers, horns, whistles. bells. or other
sound devices. except security devices used exclusively for security purposes and outdoor stereo
speakers audible only within the Lot. shall be located used or placed on any Lot, or any portion
thereof.
ۥ OccronaKin No dwelling erected upon any Lot shall be occupied in any manner
while in the course of construction nor at any time prior to its being fully completed, nor may any
dwelling be occupied upon completion of construction until the Owner thereof obtains a
certificate or other written instrument from the ARB indicating that the dwelling, as constructed.
is in compliance with the plans, specifications and details therefor approved by the ARB in
accordance with Article 11 above. No temporary house, temporary dwelling, temporary garage,
temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon
any Lot except for storage of materials and other use by the contractor erecting anv such building,
and all such shall be immediately removed alter the construction of the dwelling has been
completed.
h. Aninyal.+'• No Owner may keep any pets other than a reasonable number of
generally recognized household pets. as determined by the Association. on any portion of any
Lot. In any event, no Owner or Occupant may keep. breed or maintain any pet or horse for any
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commercial purpose. Animals must be kept on a leash and/or under the physical control of a
responsible person at all times while outdoors. Any feces left upon the Common Areas by an
animal must be removed by the Owner of the animal or the person responsible for the animal.
No animal determined to be dangerous. in the Association's sole and absolute discretion.
may be brought onto or kept in any Lot or in the Subdivision at any time. The Association may
remove without notice illy animal that presents all immediate danger to the health• safch or
property of any resident.
Each Owner who keeps an animal in any Lot or in the Subdivision agrees to indemnify
and hold the Association and its directors. officers and agents harmless from any loss, claim or
liability ofany kind whatsoever arising by reason ol'such animal.
1. Antennas: Aerials: ,Sarellife Dishes. No exterior antennas, aerials, satellite dishes
or other reception device shall be constructed, installed, placed or affixed unless approved by the
ARB. HAM radios, two way radios and other hobby or professional radio communication
transmission equipment are prohibited.
1. C/atheshnes. No exterior clothesline of any type shall be permitted on any portion
of any Lot.
k. Li hlin . Exterior lighting visible from the street shall not be permitted except
for: (1) ARB approved lighting as originally installed on a Lot; (2) rIRB approved decorative
Post lighting; Q) ARB approved pathway lighting, (4) street lights in conformity with an
established street lighting program for the Subdivision: (5) seasonal decorative lights. which
shall be immediately removed at the conclusion of such season: or (6) front house illumination of
model homes.
1' P/uv t— rnr• Recreational and playground equipment may be placed on a Lot
only with the prior written consent of the ARB. Location. materials, colors and other
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Specifications shall be as provided in the Development Standards and otherwise approved by the
ARB.
M. .Si nr. No signs shall be allowed on any Lot. including, without limitation. --for
sale" or --for rent" signs. unless specifically authorized by operation of law. by this section or by
the ARB. The only pennitted signs are as follows:
(0 one sign per Lot, no greater than sixteen square Icet in size. specifying the
general contractor and architect actually constructing or designing a primary residential structure
on a Lot or advertising periodic, specific events related to the construction or design of a primary
residence on a Lot. such as the annual "Parade of 1-lomes." Such sign "lust he constructed at a
size. and to the specifications and styles. from time to time established by the ARB, and must be
located in a place on the Lot specified by the ARB. Such sign must be removed upon issuance of
a certificate of occupancy for the residence being constructed on the Lot:
(ii) one sign per Lot identifying the Lot upon which such sign is placed only
by the name of the Owner and a street or Lot number. Such sign must be constructed at a size.
and to specifications and styles, trot" time to time established by the ARB, and must be located
in a place on the Lot specified by the ARB;
(iii) one neighborhood identification sign, not to exceed fifty (50) square -feet
in size, for the primary entrance to the Subdivision that is erected by Declarant
(iv) street or directional signs erected by Declarant. the Association. or a
governmental entity;
(v) any sign required by and erected by any governmental agency; and
(vi) identification and informational signs constructed by Declarant, the
purpose of which are to assist Declarant in identil}ping the community and the location of Lots.
sales offices. amenities, sale models or other uses within the Subdivision.
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n• Bnildi leg and Srorate Shedv All ancillary buildings require ARB
approval. Separate living spaces are allowed above detached garzges and as separate guest
houses dependant on the primary dwelling only upon approval by the ARB.
o. Piers. Doekr and Docking facilities. No piers and docking facilities for
individual Lots located on or adjacent to the manmade lakes to be constructed by Declarant in the
Subdivision shall be constructed. erected or maintained without prior approval of the ARB.
P. 211*11n hl�Po Alt.. No swimming, pool shall he constructed, erected or maintained
without prior approval of the ARB. No above ground swimming pools will be allowed on any
Lot.
q• FlcM. Flags may be flown on any Lot. but only ifthe flag is in good repair, is no
larger than three (3) feet by five (5) feet, and is flown in the proper and customary manner for
Flying such flag. The Association may adopt rules limiting flags, including but not limited to
rules prohibiting seasonal or holiday flags, flags related to sports teams, colleges or universities.
flags that advertise products or services or that advocate for some person or cause, or flags that
are found by the Association in its sole discretion to be obscene or otrensive. All flag poles must
be affixed to a building on the Lot and must be no longer than six feet.
r• Trash Containers and Collection. No garbage or trash shall be placed or kept on
any Lot or within the Subdivision except in covered containers of a type, size and style which are
approved by the ARB or as required by the applicable governing jurisdiction. and subject to rules
promulgated by the Association. Garbage containers must be stored only in a screened location
that is constructed of the same material as the siding of the principal building and that has been
approved by the ARB, or in a garage. Owners may place garbage containers at the curb or other
location specified by garbage collector I'or collection no more than twenty lour (24) hours before
the time scheduled for collection and must return garbage containers to the screened area or
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garage within nventy-four (24) hours of collection. No person shall burn, deposit or bury
rubbish. garbage or any other form of solid waste on any Lot or on Common .Areas or within the
right of way of anv street in the Subdivision.
S. Trees•. No healthy living trees having a diameter of six (6) inches or more
measured from a point two (2) Ieet above the ground. and 110 flowering tree, shrub. evergreen. or
natural ground cover. shall be removed. unless such removal is approved by the ARB.
t. Vehicles and Purkin The ten" "vehicles" as used in this section shall include
without limitation automobiles. trucks. boats. trailers. motorcycles, campers, vans, and
recreational vehicles. No vehicle may be left upon any portion of any Lot except upon a
driveway, a designated parking space or within a garage. No person shall park or store outside
any commercial vehicles (including but not limited to any t}pe of vehicle with advertising or
lettering), recreational vehicles, mobile homes, trailers, campers, boats or other watercraft, other
oversized vehicles, stored vehicles or unlicensed or inoperable vehicles within the Lot, with the
exception of emergency vehicle repairs or commercial vehicles which are temporarily parked for
the purpose of servicing a Lot or the Property.
All Owner and occupant vehicles must be kept and stored when not in use within the
Lot's garage space or such other space as may be approved by the ARB. Garage doors must
remain closed at all times except for entry and exit by vehicles and except for periods related to
homeowner maintenance activities.
The Association may promulgate rules regarding parking.
U. ,bo C'onrbinudnn ufLurti'. Contiguous Lots may not be combined together without
prior written consent of fire ARB, and the .ARB may so consent to combination of contiguous
Lots only if the total number of Lots in the Subdivision is not increased and the resultant Lots are
equal to or exceed the standards of Craven County. the plat for the Subdivision and any other
17

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statutes. rules or regulations of any governmental authority having Jnrisdlcatlon thereof. In the
event that the ARB does approve such a combination. such combination shall thereafter be
deemed to be a single Lot for all purposes of this Declaration_ except that notwithstanding the
foregoing, the amount of assessments for which such single Lot shall be thereafter liable shall be
equal to the total assessments for which all of the Lots which were so combined would have been
liable had such combination not taken place. Upon such combination. all setbacks and casements
shall be deemed relocated to the exterior boundaries ol'the resultant Lot as combined.
v. 11711dow-.1ir-C•onditianers. No air -conditioner shall be installed in any window of
any building located on any Lot. nor shall any air -conditioner be installed on any building located
on am Lot so that the same protrudes through any exterior wall of such building_
W. 1Vindou, Treaunenis. All window treatments visible from the outside of a Lot
must be approved by the ARB. No bed sheets, towels, newspaper, tin foil, or similar materials
may be used as window treatments.
X. Decorative .Strucnnrs. No decorative items, including, but not limited to,
planters, statues. birdbaths, lawn ornaments, artificial vegetation. figurines and fountains, may be
installed in a location visible from outside a Lot without approval from the ARB.
Y. .411 Terrain Vehicles Motorcycles and Watercraft. Vehicles may be operated only
on. the streets. driveways and parking areas located in the Subdivision and must be operated in
accordance with applicable laws. including, but not limited to laws regarding speed limits,
registration and licensure. Except for landscape maintenance equipment operated in the
customary manner for the purpose of landscape maintenance, no person may operate all terrain
vehicles. motorcycles or other motorized vehicles on common areas or on other unpaved portions
of the Subdivision. Watercraft may not be operated on or in the manmade lakes to be
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constructed by Declarant in the Subdivision unless the ;Association enacts rules specifically
allowing- same.
Z. l.iolf•Carls cotd.S'imtktr Vehicle . Notwithstanding the restriction contained in the
preceding section. golf carts and similar vehicles approved by the Association may be used in
areas designed by the Association subject to rules adopted by the Association. which rules may
include. but need not he limited to requirements that all golf carts be: (a) registered with the
:Association. (b) licensed by the State of North Carolina it' required. (c) of a specified design
(including engine size or design and tire size or design) or color and requirements or procedures
related to applications for permits or approvals.
aa. Weiler Bodies. Only the Declarant and the Association shall have the right to
pump or otherwise remove any water from any water body adjacent to, in or near the Subdivision
or any Lot for the purpose of irrigation or other use. The Declarant and the Association shall
have the sole and absolute right (but no obligation) to control the water level of such water
bodies and to control the growth and eradication of plants, fowl, reptiles, animals, fish and fungi
in or on any such water bodies. The Association shall have the right to adopt reasonable rules
and regulations from time to time in connection with use of the surface waters of any water body
in, adjacent to, or nearby the Subdivision.
bb. No .Subdivision a!'Lots. No Lot may be further subdivided into any smaller Lot.
and no more than one residence may be constructed on any Lot.
CC. Ftce/ Stogy„kr. All fuel storage tanks. including but not limited to liquid
petroleum gas tanks, must he buried, screened or concealed so that thev are not visible from any
street or adjacent Lot. Installation of a fuel storage tank must he approved by the ARB in the
manner set forth above.
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dd, Fenc•es. No Iences are allowed unless the fence, including its location, style,
materials and hei_ht. is approved by the ARB. As used herein. fences shall ia.^Itede :galls.
barricades, shrubbery or other impediments to reasonable mobility and visibility, and specifically
include fences around swimming pools. Absent a showing of need by the Owner, and a finding
by the ARB of lack of adverse impact on any adjoining Lot or Property, no fences shall be
allowed along any back area adjacent to a water body. The BARB shall only approve the
construct'()" of a fence upon a determination that the fence is aesthetically pleasing does not
distract t'rom the reasonable value ol'any Lot or other property. does not unreasonably impede the
view of any water course or other attractive leaturc Isom any other Lot or Common Area. and is
in compliance with fence guidelines. Chain link: or wire fences on residential Lots are not
allowed.
ee. Utility Corotections•. The utility connections for each Lot must be run
underground from the proper connection point to the Lot. No overhead or above ground utilities
are allowed.
ff' Access m TrYI?-Y6U7ner'v and 5i Hidrm i
s. No Owner may ant or install
vegetation or structure that might reasonably interfere with the use of any fire hlydrant or electric
transformer.
gg' Lf-i L"Vat'•+'- All driveways must be approved by the ARB and meet all
Development Standards.
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ARTICLE V
INTERPRETATION
In all cases. this Instrument shall be construed and interpreted in a manner which, in the
opinion of the Declarant, the Association or the ARB, as the case may be, will best effect the
intent OI'the general plan of development and maintenance herein set forth. Subject to the semis
of this Article and only alter the Declarant no longer owns amLot. the .Association may modify.
cancel. limit, create exceptions to. or expand the restrictions contained herein and may create.
modify and enfbree reasonable rules governing the use ofthe Subdivision consistent with the law
and with other provisions in this Instrument. The Association shall send notice to all Owners
concerning any proposed action on 'restrictions or rules at least ten business days prior to the
Association meeting at which such action is to be considered. For this purpose. notice may be
sent to each Owner by U.S. mail, electronic telecommunication with confirmation ofreceipt, or
publication in any community newsletter delivered or mailed to each Owner provided that such
notice is clearly identified under a separate headline in the newsletter. Members shall have a
reasonable opportunity to be heard at an Association meeting prior to such action being taken.
ARTICLE VI
NO WAIVER OF FUTURE VIOLATIONS
Failure to enforce any provision of this Instrument or any rules or other documents
adopted pursuant hereto will not be deemed to constitute a waiver of the right to enforce the same
or similar restrictions, covenants or conditions in the future.
ARTICLE VII
CRAEBERNE FOREST PROPERTY OWNERS' ASSOCIATION, INC.
Every person. partnership, fimr, or corporation. upon acquiring fee simple tide to any Lot
in the Subdivision shall become a member of *Crtcheme forest Property Owners' Association_
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Inc„" (hereinafter "Association"). a Nosh Carolina non-profit corporation: and as long as such
Person. partnership, firm or corporation is [lie Owner ol'anv such Lot. such Owner must remain a
member of the Association and abide by the bylaws, rules and regulations thereof. Provided,
however. that there shall be only one (1) regular membership per Lot regardless of the manner or
number ol'names in ryhich title to same may be held. provided further that fix each Lot owned by
Declarant. Declarant shall lime two (?) regular, nrcnrberships• Such membership is not intended
to apply to those persons who hold an interest in any Lot merely as security for the peribrmance
of an obligation to pay money, q_„ mortgages and deeds of Irust. In addition to the powers and
authority conferred upon the Association by (his Instrument. by the Association's Bylaws and
Articles of' Incorporation and by law, the Association shall have tire following enumerated
Powers and authorities:
a• The Association may charge any user or member fees for the use of anv amenities
owned or operated by it, including charges for individual services or goods provided members
through such facilities, provided no such charges or assessments shall be applicable to any Lot(s)
owned by Declarant,
b• The Association may charge and levy assessments, dues or other fees to defray
general administrative and other expenses incurred by the Association in performing its duties or
incurred in exercising its powers and authorities, and such assessments, dues or other fees may be
in the nature of periodic, recurring charges (i.e.. annual, quarterly or monthly assessments or
dues) or in the nature of special non -recurring charges (i.e.. "special" assessments or dues levied
for a specific, non -recurring event) Provided no such charges or assessments shall be applicable
to any Lot(s) owned by Declarant. hr levying dues or assessments, the Association may allocate
assessments. dues and others expenses equally among all Lots in the Subdivision to the extent
any particular component thereof represents an expense that benefits ail Lots in the Subdivision,
22

IN111111®®1111®11
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The Association ma)' allocate assessments. dues and others expenses unequally among Lots in
the Subdivision to the extent any
particular component thereof represents an expense that
benefits fewer than all Lots in the Subdivision or which benefits specific Lots exclusively.
ARTICLE Vill
DESIGNATION OF EXCLUSIVE BUILDERS
1=0
r so long as Declarant owns any Lot or Lots. Mclarani is specilicalh- authorized to
designate and drline a limited number of licensed North Carolina construction cont
to construct dwellings and other ractors authorized
and impose improvements upon Lots or within the Subdivision. and to determine
the criteria for licensed construction contractors to qualify
Declarant may further limit tfor such designation.
he number of such qualified construction contractors. The purpose of
this authorization is to enhance the likelihood that a good quality of construction will be maintained
in a clean and sightly condition. A construction contractor desi nated
construction within the Subdivision shall have its g approved for residential
privileges to construct revoked upon a finding by
Declarant that said construction contractor is not buildin
successful in 6 an acceptable quality structure. is not
maintaining good customer relations, is failing to maintain its construction sites in a
clean and sightly condition, is not pursuing construction dili
promptly, or is viulatin gently and completing construction
g any condition contained herein. Declarant sha
approved construction contractors, which shall ll maintain at all times a list o!'
be
Prospective 0 made available upon request to any Owner or
caner• and each Owner by accepting title to a Lot agrees to utilize 010
construction contractor. 'fhe rigln of designation resen,
y an approved
the Declarant to the Association or the r1RB at such time c, herein to Declarant may be transferable by
d upon such
to Deelarant. in its discretion. and in am, event at such tlmenas conditions
longer wTts any Lot.
deemed advisable
the ARB shall have the rigtile Decl trans ht to designate approved builders herein upon the same Iemrs and
23

18111161411111111
Swage to: OX0015Pa 77777 iYPe• CMw2776P0l4V" "36
conditions as those initially reserved by Declarant in its favor. In actin; hereunder. Declarant and/or
the ARB steall at all times act in good faith and shall be presuttted to have acted in good faith in anv
action hereunder. NO PRIMARY STRUCTURE MAY BE CONSTRUCTED BY THE OWNER
OF A LOT UNLESS SAID OWNER HAS BEEN DESIGNATED AS AN APPROVED
BUILDER IN ACCORDANCE WITH TI [IS SECTION.
ARTICLE IX
RESERVATIONS IN FAVOR OF DECLARANT
In addition to the Ibregoing• Declarant reserves. 1'or itself'. its successors and assigns. the
right to make or construct any improvement or other feature shown upon any preliminary or final
Plat or survey of the Subdivision or any portion thereof. and to those ends Declarant hereby
reserves, for itself its successors and assigns, an easement across the Subdivision, all Common
Areas and all Lots for the purpose of making or constructing any improvement or other feature
shown upon any preliminary or final plat or survey of the Subdivision or any portion thereof.
ARTICLE X
TIME
This Instrument shall run with the land and shall be binding on all persons acquiring title
to anv of the aforementioned Lots, and shall be binding on said parties and/or persons claiming
under them up to and including twenty (20) years from the date of recordation hereof. at which
time this Instrument shall be automatically extended for successive periods of ten years, unless
by written instrument executed by a majority of the then Owners of'said Lots, duly recorded in
the Office of the Register of Deeds of'Craven County. it is agreed to change this instrument in
whole or in pan.
ARTICLE XI
24

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pope sK2776 Pa147zs or ae
ENFORCEMENT
In addition to other rights or remedies provided in this Instrument, in the Association's
bylaws or articles of incorporation orbe by law, enforcement ofviolations of this instrument shall
violatl aproceedings at law or in eyuiq against any person or persons violating or attempting Io
e any covenants either to restrain violation or to recover damages. In addition, the ARB or
the Association. as the case may he, may impose lines against anv Owner of any Lot violatin
any provision of this Instrument. thg
e bylaws or articles of incorporation of the Association or am rules or regulations promulgated by the Association or the ARB or may suspend the privileges of
any such Lot Owner from utilizing any of the Common Areas of the Subdivision until the
violation or delinquency is cured. The Lot Owner against whom a fine or suspension is
contemplated shall be given written notice of the violation, an opportunity to be heard and to
Present evidence, and written notice of any final decision. If the Association or ARB, as the case
may, imposes a tine, the amount thereof shall not exceed one hundred dollars (5100.00) per day
for the duration of the existence of the violation, provided that upon the imposition of any fine
hereunder the Lot Owner shall have five (5) calendar days from the date of the imposition of the
fine to remedy or cure the violation. All fines imposed hereunder shall be collected in the same
manner as unpaid dues or unpaid assessments set by the Association, and until paid shall be a
lien againt the Lot so lined. If the Association or ARB, as the case mav, imposes a suspension of
the privileges of any such Lot Owner from utilizing any of the Common Areas of the
Subdivision, the suspension shall be in etiect until the violation or delinquency is cured. In the
case of decisions hereunder by the ARB. any lined or suspended Lot Owner may appeal such
decision within fificen (15) days Io the Board of Directors of the Association. The Board of
Directors of'the Association may aflimi vacate, or modifv the prior decision of the ARB,
25

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Page 26 of 36
SK2776 P448
ARTICLE XII
SEVERABILITY
Invalidation of any one of these covenants by judgment or Court Order shall in no way
affect any ol'the other restrictions which shall remain in full three and eflect.
ARTICLE X111
COMPLIANCE WITH GOVERNMENTAL REGULATIONS
a. .Srat•nnruter Pet•tnin In addition to other permits issued, the State of North
Carolina will from time to time issue stormwater management permits to or on behalf of
Declarant. The stormwater permits. which are issued and enforced by the North Carolina
Department of Environmental Health and Natural Resources (`'DEHNR"), will impose
requirements on Lots. including a limitation on the impervious surface allowed on each Lot, and
such limitations will be to—d by Declarant upon request from any Owner. —Such
requirements shall be binding on the Owners of all Lots mentioned therein. All Lot Owners and
all Persons owning land made subject to any storm water management permits shall fully comply
with all of the terms, provisions and conditions of any such issued permits. Without limiting the
generality of the foregoing, the allowable built -upon area shall not exceed the square footage
listed in the stormwater permits, inclusive of that portion of the right-of-way between the front
lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, not
including wood decking. The definition of impervious surfaces for purposes of interpretation of
stormwater permits is determined from time to time by DEHNR, but generally includes the use of
arty surface area that has a substantial impact on the ability ol'such surface to percolate rainwater.
and includes areas under root; driveways, walkways and other hardened surfaces, including
designated parking areas. but does not enemlly include wood decking. Impervious surfaces also
26

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geoY•CRP
27or36
SK2776Pai49
generally include that portion ol'a driveway or entrancewav leading from a public street to a Lot.
including that portion thercofon the adjacent public ri_9ht-of,way.
Stormwater regulations prohibit filling in or piping of any vegetated conveyances
(ditches. swells. etc.) associated with development of the Subdivision. with the exception of
average driveway crossings. unless otherwise specifically authorized by such permit. Therefore.
no Owner shall fill or pipe ally vegetated conveyance, unless expressly authorized by any permit
issued by the State of North Carolina. and approved by the ARB.
The foregoing restrictions related to stormwater management may not be changed or
deleted from this Instrument without the approval of the State ol'Nortlt Carolina.
b. General pe_nifts•. In order to develop the Subdivision. Declarant or its assigns .
may procure. or has procured, permits from Craven County, the State of North Carolina. the
United States, or all or some of the foregoing. Declarant, the Association and all Owners, as well
as any and all other persons benefited by said permits, shall. at all times, use due diligence and
good faith to comply with all conditions imposed by such permits. Should at any time any of
such parties be determined to be in non-compliance with anv permit, said person shall
immediately use good faith and due diligence to take action to come into compliance with the
conditions imposed by said permit. From time to time, as Declarant completes development of
the Subdivision, Declarant may request of the permitting agency that issued permits to it, or on
its behalf, that such permits be transferred and assigned to the Association. The Association
shall. to the extent allowed by law• accept the transfer and assignment of said permits. agree to be
bound by all of the provisions and conditions contained therein, and shall execute any documents
ofassignment or acceptance required by the permitting agency.
c• En/orcrnrem. The State of North Carolina is hereby g'
non specific authority to
enforce this Instrument, and all conditions imposed by any permit issued by it, to the extent
27

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BK277Spod5o28 pr'38
necessary to cause compliance with the impervious surface limitations or other conditions
imposed by the State of Nordt Carolina as set out in any stormwater pemtit issued b; the State of
North Carolina. The remedies available to the Statc of North Carolina include, without
limitation, the remedy of specific perfitrmance. imposed bNone of the impen-ious surface limitations
d• y permit mac be altered without the prior approval ohthe State of North Carolina. det•clopment ofLiarikninn•i' oa Frrriher Pernrinin ,
In order to procure permits fithe Subdivision, agencies mac r the
impose for
on the further issuance of.
permits to Owners. By acccpling ownership oI•a Lot, or other land within the Subdivision made
subject to this instrument. said Owner ag
rees. to the extent required by any agency, to forego the
opporlunitc to be issued individual permits lur utilization of eater bodies, wetlands or stream
buffer zones.
e, Qnrdine Effecl. All permits issued shall be binding upon the heirs. successors and
assigns of the Owner of the land burdened thereby regardless of whether any permits have been
formally assigned or transferred to such Oumer. In addition, this Instrument may m
Declarant at any time to bring any provision hereof into compliance with any ye ended by
Declarant for the Subdivision, . Permit issued to
f.-"'ironmenrul Re nlarions• In addition to the Instrument, the Association, each restrictions contained in this
Owner, any tenant or guest
ordinances, rules and regulations must comply with all laws,
related to the property. Without limit(n
foregoing, compliance with the following• b the generality of the
among other lati,•s, isrequired:
(t) Tile Slate of North Carolina has adopted riparian buffer protection rules
for the Neese River Basin. 'these rules aid in the ' removal of nitrogen, phosphorus, and other
Pollutants front rainwater that flows imo the basinsNatentays. pro[ecaing the waterways ti-om
surrounding land use. Generally these rules require a landowner to leave a fifty loot vegetated
28

NIMEN
MONI
image to: �,177782 iYoe: COP
pageex277v/^^/Pa151 28 of 36
waterside butler limiting and restricting the removal or thinning of vegetation in areas adjacent to
water courses within the Property. Every Owner should incestigaic fatly and shall comply at all
times with all laws and rules Of. the State of North Carolina, and shall perform no clearing or
thinning activities within 50 reel of the edge of coastal vegetation (as defined in the applicable
regulations) except to the extent such clearing or thinning activities are allowed by the State of
North Carolina and the ARB,Furthermore. there shall be no structure constructed within said
restricted area. including within the water course. without issuance of a permit by the State of
North Carolina. ifrequired, and without approval by the ARB.
00 The United States Clean Water Act gives the United States Army Corps of
Engineers jurisdiction over wetlands within the Subdivision. All land -disturbing activity and
construction must comply with the Clean Water Act and the rules promulgated in connection
with the act. Without limiting the generality of the foregoing, before any land -disturbing activity
begins, wetlands in the area must be delineated and permits must be obtained from the Army' Corps of Engineers. other agencies with jurisdiction and approval from the ARB must be
obtained. Activities which require approval and permits are defined in the Clean Water Act and
the regulations, those activities may include, but may not be limited to grading, dredging,
excavation, fill. ditching, diversion, damming or other activity which alters or destroys water
bodies or wetlands. The ARB will authorize such action only on a showing of a compelling need
for the landowner to take such action and conditioned on the landowner's acquisition of all
Permits. Declarant reserves the right to subject any property in the Subdivision owned by it to
such further and other covenants. conditions or restrictions which may be required by the Army
Corns of En_gineers to protect or conserve wetlands located within the Subdivision.
The lbrcgoin_ list of laws is not exhaustive. Numerous regulations apply to the
Subdivision. Neither the Association, the Declarant nor the ARB has or will undertake to advise
29

kplllj
rmape Ipr 00ftol T7783 Type'ARP
t3K27/ 6 p0l P" full
30 p{3
Owners about such laws and regulations. EVERY OWNER IS PERSONALLY RESPONSIBLE
FOR IDENTIFYING ALL LAWS AND REGULATIONS THAT RELATF TO THE
ACTIVITIES OF THE OWNER AND TENANTS AND GUESTS OF THE OWNER ON
EVERY LO"1"OtbNED BY THE OWNER.
ARTICLE XIV
AMENDMENTS TO COVENANTS
a" 8" D—�nn. In addition to specific amendment rights granted elsewhere in this
Instrument. for so long as the Declarant owns any Lot, Declarant may unilaterally amend this
Instrument for any purpose. "Thereafte
amendment is necessary r. Declarant may unilaterally amend this Instrument if'such
(a) to bring anv provision into compliance with any applicable
governmental statute, rule, regulation, permit, or judicial determination; (b) to enable anv
reputable title insurance company to issue title insurance coverage on the Lots (c) to enable any
institutional or governmental lender, purchaser, insurer, or guarantor of mortgage loans,
including, for example, the Federal National Mortgage Association or Federal Home Loan
Mortgage Corporation, to male, purchase, insure. or guarantee mortgage loans on the Lots; (d) to
correct any scriveners errors, to clarify the intent of any provision, or to resolve any actual or
apparent inconsistencies between provisions: or (e) to satisfy the requirements of any local, state,
or federal governmental agency. Flowever, any such amendment shall not adversely affect the
title to any Lot unless the Owner thereof shall consent in writing.
b. BE Alembers. Except as otherwise specifically provided this Instrument. above and elsewhere in
this Instrument may be amended only by the aflirmative vote or written consent.
or any combination thereof: of 67% of Owners ol" Lots in the Subdivision, and Declarant-s
consent. so long as Declarant owns any Lot.
30

sK2776 PG153 31 of 38
ARTICLE XV
VARIANCES
The ARB in its discretion may allow reasonable variances and adjustments of this
Instrument in order to alleviate the practical difficulties and hardship in their enforcement and
operation. Any such variances shall not violate the spirit and intent of this instrument to create a
subdivision ol'lots 0%%ned in Ice by various persons with each such Owncr havin-e an casement
upon areas owned by the .Association. ifam. No variance or adjustment will be permitted il'such
would be materially detrimental or injurious to the weltare of the other Property and
improvements in the subdivision. To be effective. a variance or adjustment hereunder shall be
written. executed by or on behalt'of the ARB, shall be recorded in the Otfice o Deeds of Craven Cl'the Register of
ounty, and shall reler specifically to the authority granted under this Section
XV.
ARTICLE XVI
ANNEXATION OF ADDITIONAL PROPERTY
The Declarant may, at anv time. and from time to time, subject all or part of anv real
Property adjacent or in close proximity to the Subdivision to the terms, covenants and restrictions
of this Instrument by executing and recording with the Register of Deeds of Craven County an
amendment to this Instrument describing the property being annexed.
From and after such recording, the annexed propertv shall be held, trartsfetred, sold
conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms,
covenants and restrictions of this Instrument and the Association's Artieles of Incorporation and
Bylaws, including, without limit Lion all lien and assessment provisions set forth therein, and all
h ll b terms. provisions, liens. eharles, casements, covenants and restrictions set forth therein
shall be a permanent cltar,e on. and shall run with, such annexed property.
31

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eK2776 P0i54 32 Of'3(t
In addition to the controls covenants. conditions. restrictions. easements. development
guidelines. charges and liens set forth in this Instrument. Declarant shall further have the right at
its election. without the consent of the Association. the ARB or any Owner or Owners, to subject
any such annexed property to additional or diflcrenl controls. covenants, conditions. restrictions.
easements. development guidelines. charges and liens as nma%' he set forth in any amendment
rccurded hereunder liar the purpose of adding real property to the Subdivision. The association
shall have the right and authority to enlorcc all controls. covenants. conditions. restrictions.
easements, and developments contained in such amendment. Any such amendment may
supplement, may creale exceptions to. may create new rights or obligations as between the
Owners in any annexed property as to other Owners or the Association or may otherwise nmodiA,
the terms of this Instrument as it applies to the annexed property in order to reflect the different
character and intended use of such additional property.
No approval from the Association, the ARB, any Owner or from anyone else
whomsoever, shall be required for the Declarant to subject additional property to this Instrument.
IN TESTIMONY WHEREOF, P & J OF NEW BERN, LLC, has executed this
document in such form as to be binding and to subject its respective Lots to the provisions of this
Instrument. and BB&T COLLATERAL SERVICE CORPORATION and BRANCH
BANKING AND TRUST COMPANY have executed this instrument solely for the purpose 01•
indicating their consent as lien holders under that certain Deed of Trust recorded in Book 2690.
Page 589 in the 011ice of the Register of Deeds ol' Craven County. North Carolina. all this the
day and vcar first above written.
32

U1111111
Imepe In: 000001677708 q3 pe.of ORP
,K2776 Pe155
P & .1 OF :NEW BERN, LLC
sy: ./e- G
Patrick O. McCullough. Manager
—7
Al tes :bl. Stallings_ Ir.A
NORTH CAROLINA
CRAVEN COUNTY
State do hereby A X� �,k 6 a Notary Public of the aforesaid County arn
certtly that Patrick 0. McCullough. Manager of P & J OF NEW BERN LLC. a
limited liability• company, personally appeared before me this P and F NEW
execution of the foregoing instrument on behalfoftfo company.
bed the due
WITNESS my hand and notarial seal this 1011, day
MY Commission Expires: ,y3 p
NOTARY
33
2008.

IYllldl�lll��l�l�l��l�d��®®I�pddd
Image ID: 000001577767 Type: Cgo
6K2776 Palls page 34 of 35
NORTH CAROLNA
CRAVEN COUNTY
Ih . a Notary Public of the aforesaid County and
State do hereby certiA, that lames M. Stallings. Jr.. Manager of P & 1 OF NEW BERN. LLC. a
limited liabiliq, company. personally appeared belbre me this day and acknowledged the due
execution ofthe loregomn- instrument on behalfofthe company.
WITNESS my hand and notarial seal this IOtlt day ol'December. 2008.
Vly Commission Expires: .�-2
NOTARY
34

Imepe ID: 000ooIsT7T88 Type: cRp
agle
BK2776poi C795 of 38
BB&T COLLATERAL SERVICE
CORPORATION
BY: f/l/Ivry ff � (SEAL)
-#44'`— PRESIDENT
ATTEST:
A&TSE RETARY
NORTH CAROLINA
CRAVEN COUNTY
and Slate, do hereb certif that _ ' 1VO1ti jublic of ty aforesaid County
before me this y y � g £^� AIK l0 ersonally appeared
day and acknowled ed that he is the_Q
COLLATERAL SERVICE CORPORATION, a corporation, and that by authSecretary
rity tdu y Of
BBB nd
as the act ofthe corporation, the foregoing instrument was signed in its name by its gi
President, sealed with its corporate seal, and attested by her-selfasits Secretary.
WITNESS my hand and notarial seal, this C1TM" day of December, 2008.
NOTARXiPUBLIC
M / l� aaummnrgr
y Commission Expires:
OF.ZN. M:......
OTAR), sM c
:r
Cr9., PUBLIG,iG o
''9rN coup`����
35

Imepe ID: 000001577789 Type: CRP
f� (�
ponce 36 of 36
BK2776 Pa158
BRANCH BANKING AND TRUST COMPANY
BY: /f� %S' C I�CC� 4. —' (SEAL)
XI • VID PRESIDENT
ATTEST:'
RjMSECRETARY
I�j ice. ��. .�41 t... �y.• .
NORTH CAROLINA
CRAVEN COUNTY
and State, do hereby certify that a Nptary Public of the aforesaid County
before me this y� m �nlo�1P personally appeared
day and acknowledged that the is the�� Secretary of BRANCH
BANKING AND TRUST COMPANY, a corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its name by its n jL�
President, sealed with its corporate seal, and attested by h fself as i[s �u
T Secretary.
WITNESS my hand and notarial seal, this
day of December, 2008.
My Commission Expires: a �p ++++"1110j11M
Yc'SERt'ER0I'•LtiSIS51R)(gq�ppy612WU iH tV1..a ,11z ..
too �r ys
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