SW8990413_Historical File_20050407

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klim.ek, P..E,_.Director ._ _
Division of Water Quality
April 7, 2005
Mr. Steve Adams, President
Kure Estates Homeowner's Association, Inc.
130 Heather Lane
FXure Beach, NC 28449
Subject: Permit No. SW8 990413
Kure Estates, Phase III
High Density Subdivision Stormwater Project
New Hanover County
Dear Mr. Adams:
The Wilmington Regional Office received a completed request to transfer the Stormwater Management
Permit Application for Kure Estates, Phase III on April 7, 2005. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 990413 dated
April 7, 2005, for the continued construction and maintenance of the project, Kure Estates, Phase III.
This permit shall be effective from the date of issuance until August 19, 2009, and shall be subject to
the conditions and limitations as specified therein. Please pay special attention to the Operation and
Maintenance requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within sixty (60) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda
Lewis or me at [phone].
Sincer ly,
M,0 &t
Edward Beck
Acting Regional Supervisor
Surface Water Protection Section
ENB/arl: S:IWQSISTORMWATERIPERMIT1990413.apr05
cc: Phil Tripp, P.E.
Joe Hearne, Clementree, Inc.
Tony Roberts, New Hanover County Inspections
Beth Wetherill, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service"77-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.na.us ne
Carolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper dUA911l/

State Stormwater Management Systems
Permit Number SW8 990413
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERM I T
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Kure Estates Homeowner's Association, Inc.
Kure Estates, Phase /I/
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrulesl and the
approved stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Water Quality and considered a
part of this permit.
This permit shall be effective from the date of issuance until August 19, 2009 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff
as described in Section 1.5 on page 3 of this permit.
3. The subdivision is permitted for 44 lots, each allowed a maximum of 3,000 square
feet of built -upon area. Further subdivision of the project area such that additional lots
are created will require a permit modification prior to such subdivision.
4. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
Page 2of8

State Stormwater Management Systems
Permit Number SW8 990413
5. The following design criteria have been approved for the permitted wet detention pond
and
must be maintained in the system at all times:
a.
Drainage Area, Gres:
8.4
Onsite, ft'-
365,904
Offsite, ft`:
0
b.
Total Impervious Surfacgs ft2:
172,960
44 lots at 3,000 ft :
132,000
Roads/Parking, ft2:
40,960
C.
Design Storm:
1"
d.
Pond Depth, feet:
7.0
e.
Permanent Pool Elevation, FMSL:
11.3
f.
Provided Surface Area, ft2:
8,168
g.
Provided Storage Volume, ft3:
18,126
h.
Temporary Storage Elevation, FMSL:
13.20
i.
Forebay Volume, ft3:
6,370
j.
Controlling Orifice:
1.5" 0 pipe
k.
Name of Receiving Stream:
UT Cape Fear River
I.
Stream Index #:
CPF17 18-(71)
M.
Classification of Stream:
"SC "
I!. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
3. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
Page 3 of 8

State Stormwater Management Systems
Permit Number SW8 990413
4. The Director may determine that other revisions to the project should require a
modification to the permit.
5. The plans approved on August 19, 1999, remain in full force and effect.
6. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall pmvide copies
of revised plans and certification in writing to the Director that the changes have been
made.
7. The stormwater management system shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon surface
except roads.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. The permittee grants permission to DENR Staff to enter the property for the purposes
of inspecting the project for compliance with the conditions of this permit.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications,
and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
11. Decorative spray fountains will not be allowed in the stormwater treatment system.
12. If the stormwater system was used as an Erosion Control device, it must be restored
to design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
13. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and
determined to be in compliance with all permit conditions. Records of maintenance
activities will be required.
14. The permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch
basins and piping.
g. Access to the outlet structure must be available at all times.
Page 4 of 8

State Stormwater Management Systems
Permit Number SW8 990413
15. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -
upon area per lot to the amount as shown on the Proiect Data Sheet, per Section I,
Part 3. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is 3,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and
the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does
not include raised, open wood decking, or the water surface of swimming
Pools."
b. "The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations."
e. "All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that naturally drain into the system
are not required to provide these measures."
17. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy
must bear the signature of the Permittee, the deed book number and page, and
stamp/signature of the Register of Deeds.
18. This permit shall become voidable unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and other
supporting data.
19. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a "Name/Ownership
Change Form" must be submitted to the Division of Water Quality accompanied by
appropriate documentation from the parties involved, such as a copy of the deed of
trust. Other supporting materials, such as a signed Operation and Maintenance plan
in the case of engineered systems, will also be required. The project must be in good
standing with DWQ. The approval of this request will be considered on its merits and
may or may not be approved. The permittee is responsible for compliance with all
permit conditions until such time as the Division approves the transfer.
Page 5 of 8

State Stormwater Management Systems
Permit Number SW8 990413
2. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to enforcement action by the Division of Water Quality, in accordance
with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, reaulations, or ordinances which may be imposed by other
government agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
5. The permit may be modified, revoked and reissued or terminated for cause. The filing
of a request for a permit modification, revocation and reissuance or termination does
not stay any permit condition.
6. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
7. The permittee shall notify the Division of any changes in ownership, project name, or
mailing address within 30 days.
Permit issued this the 7th day of April, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
4,4
-11Alan limek, P.E., Director
7 Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990413
Page 6 of 8

OF WArFR Michael F. Easley, Governor
O� pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
- , =1 Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8990413
2. Permit Holder's name: CLEMENTREE INC.
3. Signing official's name:(X-JOE HEARNE Title: VICE PRESIDENT
P 0 B p arson 2�ally resporisible for permit)
4. Mailing address: City: KURE BEACH
State: NC ZipCode: 28449 Phone: [phone]gfM: 910-458-9070
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
xx a. Change in ownership of the property/company (Please complete
Items #2, #3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: KU RE ESTATES HOMEOWNERS ASSOC INC.
3. New owner's signing official's name and title: S T E V E A D AMS
P R-E,S T D F N T
(Title)
4. New Mailing Address: 130 HEATHER LANF City: KIIRF RFACH
Stater_ ZipCode: 2 a44 q Phones 10 - 2 h 2- h S n ti FAX:.
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:_ KU RE ESTATES HOMFOWNERS ASSOC C. INC.
RECEIVED
Page 1 of 2
APR 0 7.2005
Dw@
pROJ #
N. C. Division o a er u 27 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CAS—E-07F A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT
PERMITTEE'S CERTIFICATION.
Current Permittee's Certification:
I, -1 o f- Al Adjg A, h , attest that this application for a
name/ownership Change hasbeen reviewed and is accurate and complete to the best of
my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete.
Signature: Date: ��Z
New Applicant's C ification: (Must be completed for all transfers of ownership)
1, � �we2�i , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all
required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature: Date: 3 1-0S
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

3- -
,����ss�p�Qs
illll1111200
FOR REGISTRATION REGSSTER OF DEEDS
REBECCA T. CHRISTIRN
NEW HANOVER COUNTY. NC
2003 RPR 14 04:35:54 PM
BK:3131 PG:553-556 FEE420,00
INSTRU RI 11201302101
Prepared by: J.C. Hearne, 11
P.O. Drawer 179
VKiimin oa, NC 28402
Mail after recording to: J.C.rHeame, II
Parcel Identifier No. R09.
R09
Brief description for
NOR
THIS DEI
-001-258-000
-001-002-003
index:
RECEIVED
APR 0 l 2a
P'9n
1DROJ# 5 ¢l3
PREPARER OF THIS DOCUMENT HAS MADE
NO TITLE EXAMINATION AND MAKES NO
REPRESENTATIONS OR CERTIFICATIONS AS
TO ANY MATTERS AFFECTING TITLE.
Excise Tax $ —0—
CAROLINA GENERAL WARRANTY DEED
made this 4th day of April, 2003, by and between
U14ANIUR IGRAIN T EE
Clementree, Inc.Kure Estates Phase I, H & III
A North Carolina corporation Homeowners Association, Inc.
637 Fort Fisher Blvd
Kure Beach, NC 28449
The designation antor and Grantee as used herein shall include said parties, their
heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as req ed by context.
WITNESSETH:
THAT Gr, tor, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowl dged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fe I simple, all that certain lot or parcel of land situated in New Hanover,
North Carolina I more particularly described as follows:
See Exhibit "A" attached hereto and incorporated
herein by reference for a more particular
description of the subject property.
i
it is the intent of this deed to convey this property as common area for the common
use, benefit and enjoyment of all members of Kure Estates Phase I, H & III
Homeowners Association, Inc., and that it be exempt from taxation pursuant t;,
N. G.S. 105-277 8
The prop e hereinabove described was acquired by Grantor by instrument recorded
in ook at Page
planed by and Returned to:
J. C. plc rne, I
Attorney at Law

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises
in fee simple, has the right to convey the same in fee simple, that title is marketable and free
and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawfUl claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Rights of way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants of record, if any.
4. Ad valorem taxes for 2003 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officer by authority of its Board of Directors, the day and year first above written.
Clementree, Inc.
` ./` Seal
Josep . Hearne, Vice President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, SM Glasgow a Notary Public of the County and State aforesaid, certify that Joseph
C. Hearne personally came before me this day and acknowledged that he is Vice President
of Clementree, Inc. and that by authority duly gi and as the act of the corporation, the
foregoing instrument was signed in its name by its resident.
Witness my hand and official seal, this 4th day of April, 2003.
Not"Pul
�na�uimnrno�
My Commission Expires: ���A 0 G1AS�0���A
8-18-2003 pTA•

211 N. Fifth Avenue
Wilmington, N.C. 28401
E-mail: stockspc@bells0uth.n9t
STOCKS
LAND SURVEYING, P.C.
Phone [phone]
Fax [phone]
A tract of land located in the Town of Kure Beach, New Hanover County, North Carolina being
more particularly describes as follows: - Beginning at an iron pipe at the. intersection of the
western right of way line of Cutter Court (50' public right of way) and the southern right of way
line of Sealane Way (50' public right of way), said beginning point being the northeast corner of
the "Pond" lot as shown on a map entitled "Kure Estates, Phase III C" as recorded in Map Book
41 Page 9 of the New Hanover County Registry, ruining thence from the point of beginning so
located with the western line of Cutter Court South 02' 55' 45" West 193.71' to an iron pipe
marking the northeast comer of Lot 87 as shown on the above referenced map of Kure Estates,
Phase III C, thence with the northern line of said Lot 87 North 81° 28' 21" West 56.27' to an iron
pipe; thmee with the western lire of Lot 87 South 020 55' 45" West 104.81' to an iron pipe in the
northern right of way of the above mentioned Sealane Way , thence with said northern right of
way North 810 1640" West 41.63' to an iron pipe, thence following said right of way as it curves
to the right through a curve having a central angle of 960 54' 21" and a radius of 30.0 to an iron
pipe which lies North 32' 49' 02" West and a chord distance of 44.90' from the point last
described, thence with the eastern right of way of said Sealane Way North 150 38' 08" East
229.34' to an iron pipe, thence following said right of way as it curves to the right through a
curve having a central angle of 64° 09' 52" and a radius of 20.0' to an iron pipe which lies North
47' 43' 04" East and a chord distance of 21.25' from the point last described, thence North 79' 48'
00" East 59.80' to the point of beginning, said trace containing 22,387 square feet more or less
(0.51 acres more or less) and being all of Lot 88 and all of the tract labeled as "Pond" of the
above referenced map of Kure Estates, Phase III C.

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NORTH CAROLINA
y�lh
Department o The
Secretary
I o
c
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
KURE ESTATES PHASE I, II, & III HOMEOWNERS' ASSOCIATION, INC.
the original of which was filed in this office on the 17th day of December, 2002.
RECEIVED
APR 0 7 2005
DwQ
PROJ # 5(j 9 gCf0 +(3
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 17th day of December, 2002
c4olaw.", ,,A. 74*4404�e
Secretary of State
Document Id: 223519033

22 351 9033
SOSID: '656349
Date F11ed:12/17/200210:15:00 AM
Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF INCORPORATION
OF
KURE ESTATES PHASE I, II, & III HOMEOWNERS' ASSOCIATION, INC.
A NON-PROFIT CORPORATION
In compliance with the requirements of Chapter 55A of the General Statutes of North
Carolina, the undersigned resident ofNew Hanover County, North Carolina, who is of full age, does
hereby make and acknowledge these Articles of Incorporation for the purpose of forming a
corporation not for profit and does hereby certify:
ARTICLE L
borate Name, ;. The name of the Corporation is KM ESTATES PHASE I, II, & III
HOMBOWNERS' ASSOCIATION, INC, hereinafter called the Corporation or the Association.
ARTICLE II.'
Du�. The period of duration of the Corporation shall be perpetual.
ARTICLE III.
Registered Wee and AMI. The principal and initial registered office of the Corporation
shall be located at 637 Fort Fisher Blvd., North, New Hanover County, Kure Beach, North Carolina
28449; and the name of the initial registered agent of the Corporation at such address is Joseph C.
Hearne.
The street address and mailing address of the principal office of the corporation shall be
located at 637 Fort Fisher Blvd., North, Kure Beach, North Carolina 28449.
ARTICLE IV.
Cornora_purp0ses. This Corporation does not contemplatepecuniary gain or profit to the
Members thereof, and the specific purposes for which it is formed are to provide for the
maintenance, mana8ement, Preservation and architectural control of that certain property lmown as
KURE ESTATES PHASE I, E, & III A, B & C, shown and described on the plats thereoforded
recorded
in Plat Book 31 at page 16 Plat Book 31 at page 306; Plat Book 40 at page 73; Plat Book cat page
135; and Plat Book 41 at Page 9 in ft Office of the Register of Deeds of New Hanover County,
North Carolina, and any additions thereto which may be brought within the jurisdiction of the
Corporation; and to promote* the health, safety and welfare of the Lot Owners, and for those
purposes:

(A) To exercise all of the powers and privileges and to perform all of the duties and
obligations of the Corporation set forth in that certain Declaration of Covenants, Conditions and
Restrictions for KL-IRE ESTATES PHASE I, II & III, A, B & C (the "Declaration'), which are
recorded in Book 1500 at Page 780; Book 1551 at Page 370; Book 2829 at Page 926; Book 2856
at Page 325; Book 2953 at Page 861; in the Office of the Register of Dceds ofNew Hanover County,
North Carolina, and as the game may be untended from time, to time as therein provided, said
Declaration being incorporated herein as ifset forth at length (all capitalized terms herein shall have
the meaning defined in the Declaration);
(B) To fix, levy, collect and enforce payment by any lawful mesas of all Assessments and
other charges pursuant to the terms of the Declaration and ByLaws; to pay all office and other
expenses incident to the conduct of the business of the corporation, including all licenses, taxes or
governmental charges levied or imposed against the property of the Corporation;
r.
(C) To acquire (by gig, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal
property in connection with the affairs of the Corporation;
(D) To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real
or personal property as security for money borrowed or debts incurred;
(E) To dedicate, sell or transfer all or any part of the Common Area to any public agency,
authority or utility for such purposes and subject to such conditions as may be agreed to by the
Members;
(F) To participate in mergers and, consolidations with other non profit corporations
organized for the same purposes;
(G) To annex Additional Properties ttD the Development as provided in the Declaration; and
(I) To have and tdexercise any and all powers, rights and privileges which a corporation
organized under the Non -Profit Corporation Law of tha State of North Carolina by law may now or
hereafter have or exercise.
ARTICLE V.
emberahiD, Evgry person or entity who is a record Owner of a fee or undivided fee
interest in any Lot, including contract sellers, shall be a Member of the Corporation. The foregoing
is not intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be separated from
ownership of any Lot,
2

ARTICLE VL
Voting bits. The Corporation shall have two classes of voting memberships:
Class A. Class A members "be all Owners with the exception of the Declarant and shall
be entitled to one vote for each Lot owned. When more than one p== holds an Interest in any Ut,
all such persons shall be Members. The vote for such Lot shall be exercised as they, among
themselves, determine but in no event shall more than one vote be cast with respect to any Lot.
Fractional voting with respect to any Lot is hereby prohibited.
Class B. The Class B Member(s) shall be the Declarant (as defined in the Declaration), and
shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be
converted to Class A membership on the happening of any of the following events, whichever
occurs earlier:
(a) W hen the total vote outstanding in the Class A membership equal the total votes
outstanding in the Class B membership; or
(b) On December 31, 2007; or
(c) Upon the voluntary surrender of all Class B membership by the holder thereof.
ARTICLE VII.
Initial Board of Directors. There shall be three (3) Directors on the initial Board of
Directors whose names and,addresses are as follows and who shall serve until their successors are
selected and qualified:
Joseph C. Hearne 411 Bradley Creek Point Rd.
Wilmington, NC 28403
Britt Smith 637 Fort Fisher Blvd., North
Kure Beach, NC 28449
George Rountree, lII P. O. Box 1409
Wilmington, North Carolina 28402
To the fullest extent permitted by the North Carolina Nonprofit Corporation Act as it exists
or may hereafter be amended, no person who is serving or who has served as a director of the
corporation shall be personally liable for monetary damages for breach of any duty as a director.
No amendment or repeal of this article, nor the adoption of any other amendment to these Articles
of Incorporation consistent with this article, shall eliminate or reduce the protection granted herein
with respect to any matter that occurred prior to such amendme a, repeal or adoption.
3

ARTICLE VIIII:.
Incolporator. The name and address of the incorporator of this Corporation is:
Joseph C. Hearne,11
219 Racine Drive, Suite R
Wilmington, North Carolina 28403
ARTICLE IDL
Dissolution of the Association. In the event of dissolution of the Association, the residual
assets of the Association will be dedicated to a public body or conveyed to one or more
organizations with purposes similar to those of the Association which are exempt as organizations
described in Section 501(c)(3) of the lutemal Revenue Cade of 1986.
ARTICLE X.
Amendment These Articles of Incorporation may be amended only upon the vote of not
less than two-thirds (2/3) of the members of each class.
ARTICLE M.
�ITD/Vploval. If HUD or VA has approved the making, insuring or guaranteeing of
loans within the Development, then annexation of Additional Property, mergers and consolidations,
mortgaging of Common Areas, dissolution of the Association and Amendment of these Articles or
the Corporation's Bylaws requires the prior approval of HUD/VA so long as there is Class B
members.
IN WITNESS vMWCp, for the purpose of forming this Corporation under the laws of
the State of North Carolina, I, the undersigned, being the Incorporator of this Corporation, have
executed these Articles of Incorporation this the /a"& day of December, 2002
seek . Hearne,11
MII�JORATOR
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This is to certify that on the /3'% day of December, 2002, before me, a Notary
Public, personally appeared Joseph C. Hearne, Ii, who I am satisfied is the person named in and who
executed the foregoing Articles of Incorporation, and I having first made known to him the contents

thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed for
the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set by hand and affixed seal, this the
/jday of December, 2002.
No Public
My Commission Expires: August 3, 2004
5
*01- A ftY
AUBLO

BYLAWS OF
KURE ESTATES PHASE I, II, & IH HOMEOWNERS' ASSOCIATION, INC.
ARTICLE 1. INTRODUCTION
These are the Bylaws of Kure Estates Phase I, II & III Homeowners' Association, Inc.
Capitalized terms used herein shall have the meaning set out in the Declaration of Covenants,
Conditions and Restrictions for Kure Estates Phase I, II & III Homeowners' Association, Inc. (the
"Declaration") unless otherwise defined in these Bylaws.
ARTICLE 2. BOARD OF DIRECTORS
Section 2.1. Number and Qualification: Developer Control.
a. The administration of the Property and the Association shall be governed by a
Board of Directors, consisting of not less than three (3) nor more than seven (7)
persons, each of whom shall be Members of the Association. If any Lot is owned
by a partnership or corporation, any officer, partner or employee of that Lot
Owner shall be eligible to serve as a Director and shall be deemed to be a Lot
Owner for the purposes of the preceding sentence. Directors shall be elected by
the Lot Owners. At any meeting at which Directors are to be elected, the Lot
Owners may, by resolution, adopt specific procedures for conducting the
elections, not inconsistent with these Bylaws.
b. After termination of the Developer control period provided for in the Declaration,
the terms of at least one- third (1/3) of the Directors not appointed by the
Declarant shall expire annually, as established in a resolution of the Lot Owners
setting terms.
C. At any time after Lot Owners, other than the Declarant, are entitled to elect a
Director, the Association shall call and give not less than ten (10) nor more than
fifty (50) days notice of a meeting of the Lot Owners for this purpose. Such

meeting may be called and the notice given by any Lot Owner if the Association
fails to do so.
Section 2.2. Powers and Duties.
The Board of Directors may act in all instances on behalf of the Association, except as
provided in the Declaration, its charter, these Bylaws or the laws of North Carolina. The Board
of Directors shall have the powers and duties necessary for the administration of the affairs of the
Association in accordance with its Charter, the Declaration and these Bylaws, which shall
include, but not be limited to, the powers and duties to:
a. Adopt, amend and enforce Bylaws and Rules and Regulations;
b. Adopt and amend budgets for revenues, expenditures and reserves;
C. Establish and collect Assessments from Lot Owners and perform all other acts and
duties to be performed by the Association under the terms of the Declaration;
d. Hire and discharge managing agents, employees and independent contractors;
e. Institute, defend or intervene in litigation or administrative proceedings or seek
injunctive relief for violations of the Declaration, Bylaws or Rules and
Regulations in the Association's name on behalf of the Association or two or
more Lot Owners on matters affecting the Property,
f. Make contracts and incur liabilities, including borrowing money;
g. Maintain, operate, repair, replace, improve and protect the Common Areas and
any Limited Common Areas which are made the responsibility of the Association
by the Declaration.
h. Acquire, hold, encumber and convey in the Association's name any right, title or
interest to real estate or personal property (the Declaration may require that the
conveyance or encumbrance of Common Area be approved by the Lot Owners);
i. Impose a reasonable charge for late payment of Assessments and, after Notice and
Hearing, levy a reasonable fine for a violation of the Declaration Bylaws or Rules
and Regulations of the Association;
j. Provide for the indemnification of the Association's officers and Board of
Director's and maintain directors and officers' liability insurance;
k. Assign the Association's right to future income, including the right to receive
Assessments;

1. Purchase hazard and liability insurance;
M. Exercise any other power that may be exercised in the state by a legal entity of the
same type as the Association;
n. Exercise any other power necessary and proper for the convenience and operation
of the Association; and
o. By resolution, establish committees of Directors, permanent and standing, to
perform any of the above functions under specifically delegated administrative
standards, as designated in the resolution establishing the committee. All
committees must maintain and provide to the Board of Directors and Lot Owners
records and written notice of their actions. Actions taken by a committee may be
appealed to the Board of Directors by a Lot Owner within forty- five (45) days of
publication of such notice, and such committee action must be ratified, modified
or rejected by the Board of Directors at its next regular meeting.
Section 2.3. Standard of Care.
In the performance of their duties, the officers and members of the Board of Directors
shall be deemed to stand in a fiduciary relationship to the Association and the Lot Owners and
shall discharge their duties in good faith, and with that diligence and care which ordinarily
prudent men would exercise under similar circumstances in like positions.
Section 2.4. Removal of Directors.
The Lot Owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at
any meeting of the Lot Owners at which a quorum is present, may remove any TNre&or of the
Board of Directors with or without cause.
Section 2.5. Vacancies.
Vacancies in the Board of Directors caused by any reason other than the removal of a
Director by a vote of the Lot Owners, may be filled at a special meeting of the Board of Directors
held for that purpose at any time after the occurrence of any such vacancy, even though the
Directors present at such meeting may constitute less than a quorum, in the following manner:
a. as to vacancies of Directors whom Lot Owners other than the Declarant elected,
by a majority of the remaining such Directors constituting the Board of Directors;
b. as to vacancies of Directors whom the Declarant has the right to appoint, by the
Declarant.

Section 2.6. Reaular Meetings.
The first regular meeting of the Board of Directors following each annual meeting of the
Lot Owners shall be held within ten (10) days thereafter at such time and place as shall be fixed
by the Lot Owners at the meeting at which such Board of Directors shall have been elected. No
notice shall be necessary to the newly elected Directors in order to legally constitute such
meeting, provided a majority of the Directors shall be present. The Board of Directors may set a
schedule of additional regular meetings by resolution and no further notice is necessary to
constitute such regular meetings, except such notice as may be required by the Declaration.
Section 2.7. Special Meetings.
Special meetings of the Board of Directors may be called by the President or by a
majority of the Directors on at least three (3) business days' notice to each Director. The notice
shall be hand -delivered or mailed and shall state the time, place and purpose of the meeting.
Section 2.8. Meetings to Fix Annual Assessments and Special Assessments for Cauital
Improvements.
Meetings of Members to fix Assessments may, upon giving of the required notice, be
held at the annual meeting or at any special meeting of Lot Owners.
Section 2.9. Location of Meetings.
All meetings of the Board of Directors shall be held within New Hanover County, North
Carolina.
Section 2.10. Waiver of Notice.
Any Director may waive notice of any meetings in writing. Attendance by a Director at
any meeting of the Board of Directors shall constitute a waiver of notice. If all the Directors are
present at any meeting, no notice shall be required and any business may be transacted at such
meeting.
Section 2.11. Quorum of Directors.
At all meetings of the Board of Directors, a majority of the Directors shall constitute a
quorum for the transaction of business, and the votes of a majority of the Directors present at a
meeting at which a quorum is present shall constitute the decision of the meeting. If, at any
meeting, there shall be less than a quorum present, a majority of those present may adjourn the
meeting from time to time. At any adjourned meeting at which a quorum is present any business
which may have been transacted at the meeting originally called may be transacted without
further notice.

Section 2.12. Compensation.
Directors shall serve without compensation but may be reimbursed by the Association for
necessary expenses actually incurred in connection with his or her duties.
Section 2.13. Consent to Association Action.
If all of the Directors or all of the committee members of a committee established for
such purposes, as the case may be, severally or collectively consent in writing to any action taken
or to be taken by the Association, such action shall be a valid Association action as though it had
been authorized at a meeting of the Board of Directors or the committee, as the case may be. The
Secretary shall file such consents with the minutes of the meetings of the Board of Directors.
ARTICLE 3. LOT OWNERS
Section 3.1. Annual Meeting.
Annual meetings of Lot Owners shall be held on the date specified in the notice of such
meeting. At such meeting, the Directors shall be elected by ballot of the Lot Owners. The Lot
Owners may transact other business at such meetings as may properly come before them.
Section 3.2. Special Meetings.
Special meetings of the Lot Owners may be called by the President, by a majority of the
members of the Board of Directors, or by Lot Owners comprising forty percent (40%) of the
votes in the Association.
Section 3.3. Place of Meetings.
Meetings of the Lot Owners shall be held at the Property, or maybe adjourned to such
suitable place in New Hanover County convenient to the Lot Owners as may be designated by the
Board of Directors or the President.
Section 3.4. Notice of Meetings.
Except to the extent otherwise provided in the Declaration, not less than ten (10) nor
more than fifty (50) days in advance of a meeting, the Secretary or other officer specified in the
Bylaws shall cause notice to be hand -delivered or sent prepaid by United States mail to the
mailing address designated in writing by the Lot Owner. No action shall be adopted at a meeting
except as stated in the notice.

Section 3.5. Waiver of Notice.
Any Lot Owner may, at any time, waive notice of any meeting of the Lot Owners in
writing, and such waiver shall be deemed equivalent to the receipt of such notice.
Section 3.6. Adjournment of Meeting.
At any meeting of Lot Owners a majority of the Lot Owners who are present at such
meeting, either in person or by proxy, may adjourn the meeting to another time.
Section 3.7. Order of Business.
The order of business at all meetings of the Lot Owners shall be as follows:
a. Roll call;
b. Proof of notice of meeting;
C. Reading of minutes of preceding meeting;
d. Reports;
e. Establish number and term of members of the Board of Directors (if required and
noticed);
f. Election of Directors (when required);
g. Ratification of budget (if required and noticed);
h. Unfinished business; and
i. New business.
Section 3.8. Voting.
a. If only one of several Owners of a Lot is present at a meeting of the Association,
the Owner present is entitled to cast the vote allocated to the Lot. If more than
one of the Owners are present, the vote allocated to the Lot may be cast only in
accordance with the agreement of a majority in interest of the Owners. There is
majority agreement if any one of the Owners cast the vote allocated to the Lot
without protest being made promptly to the person presiding over the meeting by
another Owner of the Lot.
b. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot
Owner. If a Lot is owned by more than one person, each Owner of the Lot may

vote or register protest to the casting of a vote by the other Owners of the Lot
through a duly executed proxy. A Lot Owner may revoke a proxy given under
this section only by actual notice of revocation to the person presiding over a
meeting of the Association. A proxy is void if it is not dated or purports to be
revocable without notice. A proxy terminates one year after its date, unless it
specifies a shorter term.
C. The vote of a corporation or business trust may be cast by any officer of such
corporation or business trust in the absence of express notice of the designation of
a specific person by the board of directors or bylaws of the owning corporation or
business trust. The vote of a partnership may be cast by any general partner of the
owning partnership in the absence of express notice of the designation of a
specific person by the owning partnership. The moderator of the meeting may
require reasonable evidence that a person voting on behalf of a corporation,
partnership or business trust owner is qualified so to vote.
d. Votes allocated to a Lot owned by the Association may not be cast.
Section 3.9. Quorum.
Except as otherwise provided in these Bylaws, or in the Declaration, a majority of the Lot
Owners within the Development must be present in person or by proxy at any meeting of Lot
Owners in order to constitute a quorum at such meeting. The required quorum at a subsequent
meeting called for lack of a quorum at the preceding meeting shall be one-half of the required
quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days
following the preceding meeting.
Section 3.10. Ma oriV Vote.
The vote of a majority of the Lot Owners present in person or by proxy at a meeting at
which a quorum shall be present shall be binding upon all Lot Owners for all purposes except
where a higher percentage vote is required in the Declaration, these Bylaws, or the corporate laws
of North Carolina.
ARTICLE 4. OFFICERS
Section 4.1. Designation.
The principal offices of the Association shall be the President, the Vice President, the
Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board
of Directors may appoint an Assistant Treasurer and Assistant Secretary, and such other officers
as in its judgment may be necessary. The President and Vice President, but no other officers,
need be Directors. Any two offices may be held by the same person, except the offices of
President and Secretary. The office of Vice President may be held by the Treasurer.

Section 4.2. Election of Officers.
The officers of the Association shall be elected annually by the Board of Directors at the
organization meeting of each new Board of Directors and shall hold office at the pleasure of the
Board of Directors.
Section 4.3. Removal of Officers.
Upon the affirmative vote of a majority of the Directors, any officer may be removed,
either with or without cause, and his or her successor may be elected at any regular meeting of
the Board of Directors, or at any special meeting of the Board of Directors called for that
purpose.
Section 4.4. President.
The President shall be the chief executive officer of the Association. He or she shall
preside at all meetings of the Lot Owners and of the Board of Directors. He or she shall have all
of the general powers and duties which are incident to the office of President of a non-profit
corporation organized under the laws of the State of North Carolina, including but not limited to
the power to appoint committees from among the Lot Owners from time to time as he or she may
in his or her discretion decide is appropriate to assist in the conduct of the affairs of the
Association. He or she may fulfill the role of Treasurer in the absence of the Treasurer. The
President, as attested by the Secretary, may cause to be prepared and may execute amendments to
the Declaration and the Bylaws on behalf of the Association, following authorization or approval
of the particular amendment as applicable.
Section 4.5. Secretary.
The Secretary shall keep the minutes of all meetings of the Lot Owners and the Board of
Directors. He or she shall have charge of such books and papers as the Board of Directors may
direct and he or she shall, in general, perform all the duties incident to the office of Secretary of a
non-profit corporation organized under the laws of the State of North Carolina. The Secretary
may cause to be prepared and may attest to execution by the President of amendments to the
Declaration and the Bylaws on behalf of the Association, following authorization or approval of
the particular amendment as applicable.
Section 4.6. Treasurer.
The Treasurer shall have the responsibility for Association funds and securities and shall
be responsible for keeping full and accurate financial records and books of account showing all
receipts and disbursements, and for the preparation of all required financial data. He or she shall
be responsible for the deposit of all monies and other valuable effects in such depositories as may
from time to time be designated by the Board of Directors, and he or she shall, in general,
perform all the duties incident to the office of Treasurer of a non-profit corporation organized
under the laws of the State of North Carolina. He or she may endorse on behalf of the

Association for collection only, checks, notes and other obligations, and shall deposit the same
and all monies in the name of and to the credit of the Association in such banks as the Board of
Directors may designate. He or she may have custody of and shall have the power to endorse for
transfer on behalf of the Association, stock, securities or other investment instruments owned or
controlled by the Association or as fiduciary for others.
Section 4.7. Agreements, Contracts, Deeds, Checks, etc.
A I agreements, contracts, deeds, leases, checks and other instruments of the Association
shall be executed by the President or Vice President of the Association or by such other person or
persons as may be designated by the Board of Directors.
Section 4.8. Compensation.
No officer of the Association shall receive compensation for acting as such but may be
reimbursed by the Association for necessary expenses actually incurred in connection with his or
her duties.
Section 4.9. Resale Certificates and Statements of Unpaid Assessments.
The Treasurer, Assistant Treasurer, or a manager employed by the Association, or, in
their absence, any officer having access to the books and records of the Association, may prepare,
certify, and execute statements of unpaid Assessments.
The Association may charge a reasonable fee for preparing and statements of unpaid
Assessments. The amount of this fee and the time of payment shall be established by resolution
of the Board. The Association may refuse to furnish resale certificates and statements of unpaid
Assessments until the fee is paid_
ARTICLE 5. ENFORCEMENT
Section 5 1 Abatement and enjoining of Violations by Lot Owners.
The violation of any of the Rules and Regulations adopted by the Board of Directors, or
the breach of any provision of the Declaration shall give the Board of Directors the right, after
Notice and Hearing, except in case of an emergency, in addition to any other rights set forth in
these Bylaws:
a. to enter the Lot in which, or as to which, such violation or breach exists and to
summarily abate and remove, at the expense of the defaulting Lot Owner, any
structure, thing or condition (except for additions or alterations of a permanent
nature that may exist therein) that is existing and creating a danger to the residents
of Kure Dunes contrary to the intent and meaning of the provisions of the
Declaration, and the Board of Directors -shall not thereby be deemed liable for
any manner of trespass; or

b. to enjoin, abate or remedy by appropriate legal proceedings, either at law or in
equity, the continuance of any such breach.
Section 5.2. Fine for Violation.
By resolution, following Notice and Hearing, the Board of Directors may levy a fine of up
to $ 150 for violations of the Declaration or Rules and Regulations.
ARTICLE 6. COVENANTS FOR ASSESSMENTS
Section 6 1 Creation of the Lien and Persona Obligation of Assessments.
Whether or not it shall be so expressed in such deed, covenants and agrees to pay to the
Association the following assessments (collectively the "Assessments"):
a. Annual Assessments;
b. Special Assessments for Capital Improvements;
C. Insurance Assessments;
d. Ad Valorem Tax Assessments; and
e. Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the
Assessments are made. _Earn such Assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such
Lot at the time when the Assessment fell due. The personal obligation for delinquent
Assessments shall not pass to the Owner's successors in title unless expressly assumed by them.
Section 6.2. Purpose of Annual Assessments.
The Annual Assessments levied by the Association shall be used exclusively to promote
the recreation, health, safety and welfare of the Owners and residents of the Property and
Additional Property and for the improvement and maintenance of the Common Areas and any
Limited Common Areas. The funds arising from said assessments or charges, may be used for
any or all of the following purposes:
a. Operations, maintenance and improvement of the Common Areas, and any
Limited Common Areas, including payment of utilities;
b. enforcing this Declaration;

C. paying taxes, insurance premiums, legal and accounting fees and governmental
charges;
d. establishing working capital;
e. paying dues and assessments to any organization or master association of which
the Association is a member;
f. and in addition, doing any other things necessary or desirable in the opinion of the
Association to keep the Common Areas and Limited Common Areas in good
operating order and repair.
Section 6.3. Annual Assessments.
Annual Assessments shall be in an amount to be fixed from year to year by the Board of
Directors which may establish different rates from year to year as it may deem necessary. The
amount of the Annual Assessment against each Lot for any given year shall be fixed at least 30
days in advance of the Annual Assessment period; provided, however that the first Annual
Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to
the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of
their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner
subject thereto. The due date shall be established by the Board of Directors and the Board of
Directors shall have the authority to require the assessments to be paid in periodic installments.
The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by
an officer of the Association setting forth whether the assessments on a specified Lot have been
paid.
Section 6.4. Special Assessments for Capital Improvements.
In addition to the Annual Assessments authorized above, the Association may levy, in any
assessment year, a Special Assessment applicable to the year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Areas and any Limited Common Areas, including fixtures and
personal property related thereto, provided that any such assessment shall have the assent of two-
thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly
called for this purpose. Written notice of any meeting of Owners called for the purpose of
approving Special Assessments shall be sent to all Members not less than ten (10) days nor more
than sixty (60) days in advance of the meeting.
Section 6.5. Insurance Assessments.
All premiums on insurance policies purchased by the Board of Directors or its designee
and any deductibles payable by the Association upon loss shall be a common expense, and the
Association may in any assessment year levy against the Owners equally an "Insurance
Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to

pay the annual cost of all such deductibles and insurance premiums not included as a component
of the Annual Assessment. Such assessment shall not be subject to the 5% limitation provided
for Annual Assessments.
Section 6.6. Ad Valorem Tax Assessments.
All ad valorem taxes levied against the Common Areas, ifany, shall be a common
expense, and the Association may in any assessment year levy against the Owners equally an "Ad
Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount
sufficient to pay such ad valorem taxes in such year not included as a component of the Annual
Assessment. Such assessment shall not be subject to the 5% limitation provided for Annual
Assessments.
Section 6.7. Uniform Rate of Assessment.
The Assessments must be fixed at a uniform rate for all Lots and may be collected on a
monthly basis.
Section 6.8. Commencement of Assessments.
. Assessments for each Lot shall commence upon the date of the establishment of this
Association or the date of acceptance by an Owner of a deed from Declarant whichever date shall
last occur.
Section 6.9. Effect of Nonpayment of Assessments and Remedies of the Association.
Any Assessment or installment thereof not paid within thirty (30) days after the due date
shall bear interest from the due date at the highest rate allowable by law. The Association may
bring an action at law against the Owner personally obligated to pay the same, or foreclose the
lien against the Owner's Lot. 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.
All unpaid installment payments of Assessments shall become immediately due and payable if an
Owner fails to pay any installment within the time permitted.
Section 6.10. Subordination of the Lien to Mortizage.
The lien of the Assessments provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale
or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall
extinguish the lien of such Assessments as to payments which became due prior to such sale or
transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter
becoming due or from the lien thereof:

ARTICLE 7. INDEMNIFICATION
The Directors and officers of the Association shall be entitled to indemnification as
provided in Chapter 55A (the Non -Profit Corporation Act) of the North Carolina General
Statutes, the provisions of which are incorporated herein by reference.
ARTICLE 8. RECORDS
Section 8.1. Records.
The Association shall keep the following records:
a. An account for each Lot which shall designate the name and address of each Lot
Owner, the name and address of each mortgagee who has given notice to the
Association that it holds a mortgage on the Lot, the amount of each Assessment,
the dates on which each Assessment comes due, the amounts paid on the account,
and the balance due.
b. An account for each I.ot Owner showing any other fees payable by the Lot Owner.
C. A record of any capital expenditures approved by the Board of Directors.
d. A record of the amount, and an accurate account of the current balance of any
reserves for capital expenditures replacement and emergency repairs, together
with the amount of those portions of reserves designated by the Association for a
specified project.
e. Balance sheets and income and expense statements of the Association.
f. The current operating budget.
g. A record of any unsatisfied judgments against the Association and the existence of
any pending suits in which the Association is a defendant.
h. A record of insurance coverage provided for the benefit of Lot Owners and the
Association.
i. Tax returns for state and federal income taxation.
j . Minutes of proceedings of Lot Owners, Directors, committees of Directors and
waivers of notice.

Section 8.2. Examination.
All records maintained by the Association shall be available for examination and copying
by any Lot Owner, or by any holder of a security interest in a Lot, or by any of their duly
authorized agents or attorneys, at the expense of the person examining the records, during normal
business hours and after reasonable notice.
ARTICLE 9. MISCELLANEOUS
Section 9.1. Notices.
All notices shall be in writing. All notices to the Association or the Board of Directors
shall be delivered to the office of the manager, or if there is no manager, to the office of the
Association, or to the residence address of any member of the Board of Directors. Except as
otherwise provided, all notices to any Lot Owner shall be sent to his or her address as it
appears in the records of the Association. All notices to mortgagees shall be sent by registered or
certified mail to their respective addresses, as designated by them from time to time, in writing,
to the Association. All notices shall be deemed to have been given when mailed except notices
of changes of address which shall be deemed to have been given when received.
Section 9.2. Fiscal Year.
Board of Directors shall establish fiscal year of the Association.
Section 9.3. Waiver.
No restriction, condition, obligation, or provision contained in these Bylaws shall be
deemed to have been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches which may occur.
Section 9.4. Office.
The principal office of the Association shall be on the Property or at such other place as
the Board of Directors may from time to time designate.
Section 9.5. Conflict.
To the extent there is any conflict between the provisions of the Declaration and these
Bylaws, the Declaration shall control.
Section 9.6. Amendment.
These By-laws may be amended at any time by the Declarant in accordance with the
Articles of Incorporation, or by the Association upon satisfaction of Article VI, (a), (b) or (c) by
two-thirds (2/3) majority.

Section 9.7. Conflict.
In the case of any conflict between the Articles of Incorporation and these Bylaws, the
Articles shall control; and in the case of any conflict between the Declaration and these Bylaws,
the Declaration shall control.
KURE ESTATES PHASE I, iI, & III
HOMEOWNERS' ASSOCIATION, INC.
By: �..
Secretary

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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 29, 2005
Mr. Joe Hearne,
Clementree, Inc.
PO Box 22
Kure Beach, NC
Vice President
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Kure Estates, Phase III
Stormwater Project No. SW8 990413
New Hanover County
Dear Mr. Hearne:
On August 19, 1999, the Wilmington Regional Office issued a Stormwater Management Permit
to you for Kure Estates Phase III. You had previously indicated that you had submitted a
name/ownership change request form in February, in order to transfer the permit to the
Homeowner's Association, however, the Wilmington Regional Office of the Division of Water
Quality has no record of receiving this document. Please complete a new form and send it
directly to me at the address indicated at the bottom of this letter.
Per the requirements of. your permit, a copy of the recorded deed restrictions must be
forwarded within 30 days of the date of recording. A review of our files indicates that, as of this
date, a copy of the recorded deed restrictions for Lots 59-84, 87 & 88 has not been received in
this Office. A search of the New Hanover County Public Records website also failed to return a
copy of these restrictions.
Additionally, a copy of the proposed plans for the pool area that has been constructed on Lots
87 and 88 has not been submitted to the Division for approval. Per Section 11.3 of your permit,
a modification to the permit is required for any revisions to the approved plans.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots
and failure to submit revised plans for the pool area are violations of your permit, and subject
to enforcement action. Prior to transferring ownership, please forward a copy of the recorded
deed restrictions for the lots specified, and 2 copies of the plans for the pool area to this Office
at the address below by April 29, 2005.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENB/arl: S:\' VQS1STORMWAT\DEEDREST1990413.mar05
CC' Town of Kure Beach Building Inspections
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733••2496 Internet: h2o.enr.state.nc.us
1V�nrthCarol/ina
An Equal OpportunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper �atun�!lY

22 351 9033
SOS1D: 656349
Date Filed: 12/17/200210:15:00 AM
Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF INCORPORATION
OF
XURE ESTATES PHASE 19 U9 & III HOMEOWNERS' ASSOCIATION, INC.
A NON-PROFIT CORPORATION
In compliance with the requirements of Chapter 55A of the General Statutes of North
Carolina, the undersigned resident of New Hanover County, North Carolina, who is of full age, does
hereby make and acknowledge these Articles of Incorporation for the purpose of forming a
corporation not for profit and does hereby certify:
ARTICLE L
Coraprate Name. The name of the Corporation is KURE ESTATES PHASE I,11, & III
HOMEOWNERS' ASSOCIATION, INC. hereinafter called the Corporation or the Association.
ARTICLE IL
Dyration. The period of duration of the Corporation shall be perpetual.
ARTICLE M.
Registered OMN and Ask The principal and initial registered office of the Corporation
shall be located at 637 Fort Fisher Blvd., North, New Hanover County, Kure Beach, North Carolina
28449; and the name of the initial registered agent of the Corporation at such address is Joseph C.
Hearne.
The street address and mailing address of the principal office of the corporation shall be
located at 637 Fort Fisher Blvd., North. Kure Beach North Carolina 28449.
ARTICLE Iv.
CorpoM Purposes. This Corporation does not contemplate pecuniary gain or profit to the
Members thereof, and the specific purposes for which it is formed are to provide for the
maintenance, management, preservation and architectural control of that certain property known as
KURE ESTATES PHASE I, II, & III A, B & C, shown and described on the plats thereof recorded
in Plat Book 31 at page 16; Plat Book 31 at page 306; Plat Book 40 at page 73; Plat Book 40 at page
135; and Plat Book 41 at Page 9 in the Office of the Register of Deeds of New Hanover County,
North Carolina, and any additions thereto which may be brought within the jurisdiction of the
Corporation; and to promote the health, safety and welfare of the Lot Owners, and for these
purposes:

(A) To exercise all of the powers and privileges and to perform all of the duties and
obligations of the Corporation set forth in that certain Declaration of Covenants, Conditions and
Restrictions for KURE ESTATES PHASE 1,11 &III, A, B & C (the "Declaration"), which are
recorded in Book 1500 at Page 780; Book 1551 at Page 370; Book 2829 at Page 926; Book 2856
at Page 325; Book 2953 at Page 861; in the Office of the Register of Deeds of New Hanover County,
North Carolina, and as the some may be amended from time to time as therein provided, said
Declaration being incorporated herein as if set forth at length (all capitalized terms herein shall have
the meaning defined in the Declaration:);
(B) To fix, levy, collect and enforce payment by any lawful means of all Assessments and
other charges pursuant to the terms of the Declaration and ByLaws; to pay all office and other
expenses incident to the conduct of the business of the corporation, including all licenses, taxes or
governmental charges levied or imposed against the property of the Corporation;
(C) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal
property in connection with the affairs of the Corporation;
(D) To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real
or personal property as security for money borrowed or debts incurred;
E) To dedicate, sell or transfer all or any part of the Common Area to any public agency,
authority or utility for such purposes and subject to such conditions as may be agreed to by the
Members;
(1) To participate in mergers and consolidations with other non-profit corporations
organized for the some purposes;
(G) To annex Additional Properties to the Development as provided in the Declaration; and
(H) To have and to exercise any and all powers, rights and privileges which a corporation
organized under the Non -Profit Corporation Law of the State of North Carolina by law may now or
hereafter have or exercise.
ARTICLE V.
Membajft. Every person or entity who is a record Owner of a fee or undivided fee
interest in any Lot, including contract sellers, shall be a Member of the Corporation. The foregoing
is not intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be separated from
ownership of any Lot.
2

AIIMLE VI.
Voting Rights. The Corporation shall have two classes of voting memberships:
Class A. Class A members shall be all Owners with the exception of the Declarant and shall
be entitled to one vote for each Lot owned. When more than one person holds as interest in any Lot,
all such persons shall be Members. The vote for such Lot shall be exercised as they, among
themselves, determine but in no event shall more than one vote be cast with respect to any Lot.
Fractional voting with respect to any Lot is hereby prohibited.
Class A The Class B Member(s) shall be the Declarant (as defined in the Declaration), and
WWI be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be
converted to Class A membership on the happening of any of the following events, whichever
occurs earlier:
(a) W hen t he t otal v ote o utstanding i n t he Class A in embership a qual t he t otal v otes
outstanding in the Class B membership; or
(b) On December 31, 2007; or
(c) Upon the voluntary surrender of all Class B membership by the holder thereof.
ARTICLE VII.
InitieJ Board of Directors. There shall be three (3) Directors on the initial Board of
Directors whose names and addresses are as follows and who shall serve until their successors are
selected and qualified:
Joseph C. Hearne
Britt Smith
George Rountree, III
411 Bradley Creek Point Rd.
Wilmington, NC 28403
637 Fort Fisher Blvd., North
Kure Beach, NC 28449
P. O. Box 1409
Wilmington, North Carolina 28402
To the fullest extent permitted by the North Carolina Nonprofit Corporation Act as it exists
or may hereafter be amended, no person who is serving or who has served as a director of the
corporation shall be personally liable for monetary damages for breach of any duty as a director.
No amendment or repeal of this article, nor the adoption of any other amendment to these Articles
of Incorporation consistent with this article, shall eliminate or reduce the protection granted herein
with respect to any matter that occurred prior to such amendment, repeal or adoption.
3

ARTICLE VIII.
Incarporator. The name and address of the incorporator of this Corporation is:
Joseph C. Hearne, R
219 Racine Drive, Suite B
Wilmington, North Carolina 28403
ARTICLE IX.
Dissolution of the Association. In the event of dissolution of the Association, the residual
assets of the Association will be dedicated to a public body or conveyed to one or more
organizations with purposes similar to those of the Association which are exempt as organizations
described in Section 501(c)(3) of the Internal Revenue Code of 1986.
ARTICLE X.
Amendment. These Articles of Incorporation may be amended only upon the vote of not
less than two-thirds (2/3) of the members of each class.
ARTICLE M.
HIJ E& ARprovai. If HUD or VA has approved the making, insuring or guaranteeing of
loans within the Development, then annexation of Additional Property, mergers and consolidations,
mortgaging of Common Areas, dissolution of the Association and Amendment of these Articles or
the Corporation's Bylaws requires the prior approval of HUDNA so long as there is Class B
members.
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of
the State of North Carolina, I; the undenigped,, being the incorporator of this Corporation, hake
executed these Articles of Incorporation this the IJA- day of December, 2002
seph . Hearne, II
O ORATOR
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This is to certify that on the M*-- day of December, 2002, before me, a Notary
Public, personally appeared Joseph C. Hearne, % who I am satisfied is the person named in and who
executed the aoregoing Articles of Incorporation, and I having first made lmown to him the contents

thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed for
the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set by hand and affixed seal, this the
Zday of December, 2002.
NohU Public
My Commission Expires: August 3, 2004
5
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TRIPP ENGINEERING P.C.
419 Ches taut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
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To: Mrm 1 Date: II-21 d
Attention:NaellQ. Lcl44r-rxn Subject: 1S.Ila, A6ts l haaCY
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER s, `' tl q C) � I
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These are transmitted as checked below:
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08/23/1996 06:36 9107635631 TRIPP ENGINEERING
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] - FAX: [phone]
LETTER OF TRANSMITTAL
Job No.
To: / �'� L�/IfIZ Date:_ _ �� z f" 00
Attention. �dC Subject k"C akta .
Ze__ FAX; TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER 2_
I am sending you: (..YATTACHED ( ) UNDER SEPARATE COVER
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Remarks.
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PAGE 01

DIVISION OF WATER QUALITY
STORMWATER COMPLAINT FORM
Wil-mington Regional Office
Received by: �) A%p� �{ L , f-1AA Date/Time
County_ Phone #for return callE 1 ! I _ ��D — �'Z%
Name of Project/Location
Project Number (� �] �(� L��
Nature of Complaint
Directions to site
Investigation Details
qa4aleg-,� 'Fk
Investigator Date
S:\WQS\STOtRMWA.TITORII4S\COMPLATN.FOR
127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Telephone [phone] Fax [phone]
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