SW8010706_HISTORICAL FILE_20040923

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 ���
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20Oy0g23
YYYYMMDD

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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
September 23, 2004
Mr. D. Logan, Managing Member
Waterford Commercial Investment, LLC
6740-F Netherlands Drive
Wilmington, NC 28405
Subject: Permit No. SW8 010706
Magnolia Business Park
High Density Subdivision Stormwater Project
Brunswick County
Dear Mr. Logan
The Wilmington Regional Office received a complete request to transfer the ownership of the
Stormwater Management Permit and to change the project name from Finley Equipment
Subdivision to Magnolia Business Park, on September 17, 2004. 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 010706,
dated November 21, 2001, for the construction of the project, Magnolia Business Park.
This permit shall be effective from the date of issuance until November 21, 2011, the original
expiration date, 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 thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to Chapter
150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall
be final and binding..
If you have any questions, or need additional information concerning this matter, please contact
Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Regional Supervisor,
Surface Water Protection Section
RSS/arl S:\WOS\STORMWAT\PERMIT\010706.sep04
cc: Phil Tripp, P.E., Tripp Engineering
Jim Hunter, Stability, LLC
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Wilmington-Regio_ na1--,Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
Customer Service 1-877-623-6748
Internet. h2o.enrstate.nc.us One
N"o�nCarolina
JvWural&
An Equal Opportunity/Affnnative Action Employer— 50% Recycled/10% Post Consumer Paper

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State Stormwater Management Systems
Permit No. SW8 010706
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and, other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
D. Logan & Waterford Commercial Investment, LLC
Magnolia Business Park
Brunswick 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 "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Water Quality and considered a
part of this permit.
This permit shall be effective from the date of issuance until November 21, 2011 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for.A lots, each allowed a maximum amount of built -upon area, in square
feet, as follows: Lot 1 @ 202,855; Lot 2 @107,927; Lot 3 @110,431; and Lot 4
@79,475.
3. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be
recorded showing all such required easements, in accordance with the approved
plans.
Page 2 of 8

f
State Stormwater Management Systems
Permit No. SW8 010706
The following design criteria have been permitted for the wet detention pond and
must be maintained in the system at all times:
C.
d.
e.
f.
9•
h.
I
Drainage Area, 9cres:
Onsite, ft :
Offsite, ftz:
Total'Impervious Surfaces, ft2:
:: Lot 1
Lot 2
Lot 3
Lot 4
Design Storm:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Provided Surface Area, ft5:
Provided Storage Volume, ft;:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Receiving Stream / River Basin:
Stream Inde)t
Classification
Number:
of Water Body:
II. SCHEDULE OF COMPLIANCE
15.24
663,854
Rerouted, per Engineer
500,688
202,855
107,927
110,431
79,475
1.0 inch
7.0
23
43,053
91,191
25
3" cp pipe
Jackeys Creek / Cape Fear
18-77-3
"C Sw"
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.
The permittee is responsible for verifying that the proposed built -upon area for the
entire lot, including driveways and sidewalks, does not exceed the allowable built -
upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
If an Architectural Review Committee (ARC) is required to review plans for
compliance' -with the BUA limit, the plans reviewed must include sidewalks and
driveways. Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
4. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit or the stormwater rules. Within the
time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and certification in writing to the
Director that the changes have been made.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 010706
5. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size, including built -upon
area and stormwater management.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is
defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
6. The Director may determine that other revisions to the project should require a
modification.to the permit.
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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received from
an appropriate designer for the system installed certifying that the permitted facility
has been installed in accordance with this permit, the approved plans and
specification's, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. Decorative spray fountains will be allowed in the stormwater treatment system, subject
to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool
surface.
b. Sepaiated units, where the nozzle, pump and intake are connected by tubing,
may be used only if they draw water from the surface in the deepest part of the
pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for a fountain in this pond is fountain HP horsepower.
11. 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.
12. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must:follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
.y
13. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and determined to be in compliance with all permit conditions. Any items
not in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 010706
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, catch basins and
piping.
g. Access to the outlet structure must be available at all times.
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 in Section I, Part 5 (b) of this permit. The
recorded statements must follow the form:
a. The maximum built -upon area per lot, in square feet, is as follows: Lot 1 @
202,855; Lot 2 @107,927; Lot 3 @110,431; and Lot 4 @79,475. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
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. All runoff on the lot must drain into the permitted system. This may be
accomplished through a variety of means including: a piped collection system
which ultimately discharges into the stormwater facility; appropriate grading of the
lot sucli that the built -upon surfaces drain into the facility; or graded swales which
collect runoff and direct into the stormwater facility.
e. Each lot within the subdivision whose ownership is not retained by the permittee,
must submit a separate Offsite Stormwater Management Permit application
package to the Division of Water Quality and receive a permit prior to any
construction on the lot.
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.
R
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.
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 010706
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone,, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
1. This permit is not transferable. 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.
2. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves the transfer.
3. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to enforcement action by the Division of Water Quality, in accordance
with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
governmentiagencies (local, state, and federal) which have jurisdiction.
5. In the event,that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing
of a request for a permit modification, revocation and reissuance or termination does
not stay any,permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
ci
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
Permit issued this the 23rd day of September, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
V
k-), �- L�V- �Jn - A�
Alan W. Klimek, P. ., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 010706
Page 6 of 8

W,
L CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: •7 (0 9 01 u-7 Q
2. Permit Holder's name:
th 'io rJ
3. Signing official's name: ry� N, I��tK Title:
4. Mailing address: ( U (pctson legs0y responsible for permiL)
-K Lt G City:
ro3a9
State:NC- ZipCode: Phone: 29 3- SSCt FAX: -7 q -3 - ?� j i S
s� t`3 (Area Coda and Number) (Area Code and Number)
II NEW OWNER / PROJECT / ADDRESS INFORMATION
l • This Idlest is for. (plwc check all that apply)
V a. Change in ownership of the property/company (Please complete Items #2,
#3, and 94 below)
b. Name change of project (Please complete Item 95 below)
C. Mailing address change'. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: (U,q- i F2 aq&O %yle ..
3. New owner's signing official's name and title: D Lo
(Person leg y responst a or permit)
ie
�Yl��t.s7e�
4. New Mailing Address: 7 ` 0 City:--js
State_ZipCode:
`Phone: �s.1-7(7S FAX: /f 913
(Arco Cade cod Number) (Area Code and Number)
5. New Project Name to be placed on permit VIb n I• �t , S l rl t-�5. P�+lL�!
Page 1 of 2
N. C. Division of Water Ctudty 127 Cardinal Drive F.lmanslon [phone] VVOrnln9fon Re9ronal Of9oe Wimington, NC 28405 Customer 7748 rt`r.?OWM
(D10) 350-2004 Fax [phone]a

I �
I 1
i PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCE
WATER QUALITY UNLESS ALL OF THE PTED BY THE DIVISION OF
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.
A signed change ownership.
and Maintenance plan, if a system that requires maintenance will
6. Maintenance records,
i
CERTIFICATION MUST BE COMPLETED AND SIGNED By BOTH THE CURRENT
PERMIT HOLDERiD THE OWNERSHIP. NEW APPLICANT IN THE CASE OF A CHANGE OF
FOR NAME CHANGES, COMPLETE AND SIGN ONLy THE CURRE
PERNIITTEE'S CERTIFICATION. NT
Current Permittee's Certification:
I' �1fiVt1� N ` N v�Z�� attest that this application for a name/ownership
change has been reviewed is accurate and complete to the best of my knowledge, I
understand that if all required arts of this application are not completed and that if all required
retPP�g inf�lrmatioq� and ems are not included, this application
returned as.inc plete I i1 Package will be
Date: (o14 b4—
New Applic at's Cerfncation: (Must be completed for all transfers of ownership)
I, .� . Lo attest has Been revic ed and is accurate and Completeto thebestbest of mh ]mowledgeation for anisp change
moo�tall required parts of this application are not completed and that if all . I required supporting
ioa and attachments are o included this application package will be returned, as
ineo lete, t � / /
THE COMPLETED
INFORMATION AND
ADDRESS:
- /G
CUING ALL SUPPORTING
SENT TO THE FOLLOWING
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

State of North Carolina RECEiV �L
Department Of Environment and Natural Resources L3.
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Wilmington Regional Office
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Michael F. Easley, Governor William G. Ross Jr_, Secretary
Date:
To: Q Logah
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FAX #: 4-2 - ?- r3 5
REMARKS:
COVER SHEET
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No. Of Pages: S
From: Linda L i5
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FAX#: [phone]
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127 Cardinal Dri" Eltosion, R71mington, N.C. 28405-3844 Telephaaa (91D) 395-3900 Fai (qi0) 350•Z004
AD Equal Opportunity Arrirmaapc Action Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
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Date: Q—ICo—U4
To: D, Logan
CO: Wzfe�(udCon,m.�,v. U-r-
FAX #: 4S2 - 213
REMARKS:
COVER SHEET
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No. Of Pages: 5
From: Linda Lewis
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FAX#: [phone]
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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Michael P. Easley, Governor William G. Ross Jr., Secretary
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127 Cardinal Drive Extension, Wilmington, N.C. 24405 3945 Telephone [phone] Fox (910) 350-Np4
An Equal opportunity Affirmative Action Employer

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State of Nortll Carolina
Department of Environment and Natural Resources
'Wilmington Regional Office
Michael F. Easley, Governor
William G, Ross Jr., Secretary
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121 Cardinal Drive Eztcnsion, Wilminpan, N,C.'_8405'3845 Telepha" [phone] Fax[phone]
An Equal Oppartupity Af lrmatWe Actlan Employer
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State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

MONTH OF
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AUG 2004

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
37/- 1 Z0
William G. Ross Jr., Secretary
FAX COVER SHEET GIU%U(ra
Date: -Zi-04- No. Of Pages: -3
To: From: L;/dc GP.w*s
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FAX #: '7q3- g5/5 FAX#: [phone]
REMARKS
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Pax [phone]
An Equal Opportunity Affirmative Action Employer

A7J?r6
June 22, 2004
Michael F. Easley, Governor
William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural Resources
Mr. D. Logan, Managing Member
Waterford Commercial Investment, LLC
6740-F Netherlands Drive
Wilmington, NC 28405
Alan W. Klimek, P.E.,Director
Division of Water Quality
Colleen H. Sullins, Deputy Director
Division of Water Quality
Subject: Transfer of Ownership / Name Change
Magnolia Business Park aka Finley Equipment Subdivision
Stormwater Project No. SW8 010706
Brunswick County
Dear Mr. Logan:
On June 18, 2004, the Division received a request to transfer the ownership of the
subject project. In order to continue the processing of this transfer, please sign, date,
notarize and return the enclosed Operation and Maintenance plan.
This project is a commercial subdivision with four lots, and a wet detention pond is the
proposed stormwater control. Under the original permit, Lot 4 was approved with a
building and parking. Has this lot been developed in the permitted manner? Are you the
owner of all four lots?
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\2004\010706.jun04
cc: Sandy Wood
Linda Lewis
XKW
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service --�!
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] IV�ENlt

SOSID: 0724917
Date Filed: 7/2/2004 2:41:00 PM
State of North Carolina Elaine F. Marshall
[North Carolina Secretary of State
Department of the Secretary of State C200418400360
Limited Liability Company I
AMENDMENT OF ARTICLES OF ORGANIZATION
Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the
following Articles of Amendment for the purpose of amending its Articles of Organization.
The name of the limited liability company is: WATERFORD COMMERCIAL INVESTMENTS, LLC
2. The text of each amendment adopted is as follows (attach additional pages if necessary):
"The name of the Limited Liability Company is changed to: DLBE Commercial Investments, LLC."
3. (Check either a or b, whichever is applicable)
a._The amendment(s) was (were) duly adopted by the unanimous vote of the organizers of the limited liability
company prior to the identification of initial members of the limited liability company.
b.XX The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company
or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written
operating agreement.
4. These articles will be effective upon filing, unless a date and/or time is specified:
,,d
This the ZZ day of June, 2004.
WATERFORD COMMERCIAL INVESTMENTS, LLC
which has changed its name to
DLBF. Commercial Investmrnt I,I.0
D L Logan, Manager j I
X2-.i C ,a C„G..__ll
Robert C. G. Exum.ASfanager

JUN-10-2004-THU 03:23 PM B C & K FAX No.910 762 6429 P.002
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0$/2 /2004 01:56;Book 19 ipag, 543
il;�,� RECEIVED
JUN 18 2004
L-5 DWQ
L-4'�,WciIl #
1—W-2-
05/28/2004
N"" d by. $3, 900. 00 36 PREPARER RENDERS NO OPMON
AS TO THE STATUS OP TITLE
Tet&ey P. Karon`4�.4 OF THE SUWECT PROPERTY
W-OCX, CROUCH & KEETHR, L.L.P. U' "^ En�a4Es ,r, yoo Office
WOminQtm, North Caolina 28402-""'TAX PARCEL NOS.
------------ Pan Of PW0180470003501 and
Panel 0 0470003504
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK WARRANTY DEED
THIS DEED, made this Zt- day of May 2004, by and betweenSTABILITY, LLC, a
North Carolina Limited Liability Company, GRANTOR, and WATERFORD
COMMERCIAL INVESTMENTS, LLC, a North Carolina Limited Liability Company,
whose address is 6740-F Netherlands Drive, Wilmington, North Carolina 28405,
GRANTEE;
W1INgSSE1H:
THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable considerations to it in hand paid by GRANTEE, the receipt
of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by
these presents does hereby grant, bargain, sell,and convey unto the said GRANTEE,
its heirs and assigns, the following described property lying and being in the County of
New Hanover, and State of North Carolina, and more particularly described as follows:
Tract One
BEING ALL OF LOTS 3 and 4, as shownon a map entitled Final Plat,
Section 2, Magnolia Business Pork' said map being recorded in Map Book 29 at
Page 468 in the office of the Register of Deeds of Brunswick County, North
Carolina, reference to which is hereby made for a more particular descotion of
the property.
Tract Two
BEING ALL OF THE STORM WATER POND AND COMMON AREA OF
MAGNOLIA BUSINESS PARK, as shown on a map entitled `Final Plat, Section
2, Magnolia Business Perko, said map being recorded In Map Book 29 at Page
468 in the office ofthe Register of Deeds of Brunswick County, North Carolina,
reference to which Is hereby made for a more particular description of the
property.
Tract Three
BEING ALL OF LOT4 WOLFTRAP, as shown on a map recorded in Map
Book 19 at Page 481 of the BrunswickCounty Registry, reference to which is
hereby made for a more particular description of the property.

jUN-10-2004-THU 03:24 PM B C & K FAX No.910 762 6429 P.003
Inst 9 212004 Book 1951Pager 544
TO HAVE AND TO HOLD the above granted and described premises together
with all and singular the rights, privileges, easements and appurtenances and
hereditaments belonging or in anyway appertaining unto the said GRANTEE, its heirs
and assigns, in fee simple.
AND the said GRANTOR, for itself, its successors and assigns, does covenant to
and with the said GRANTEE, its heirs and assigns, that it is seizedin fee of said
Premises and that it has good right to sell and convey the same; that the title Is
marketable and free and clear from any and all encumbrances, except as set forth
herein; and that it will, and its successors and assigns shall, WARRANT AND CEFEND
the title to the same against the lawful claims and demands of any and all persons
whomsoever.
Notwithstanding the foregoing, the warranties herein recited are subject to: 2004
ad valorem taxes; all applicable zoning and land use ordinances, rules, regulations,
laws and statutes; and all restrictive covenants, easements and rightsof-way of record,
including but not limited to The Declaration of Covenants, Conditions and Restrictions
for Magnolia Business Park recorded in Deed Book 1507 at Page 22 othe Brunswick
County Registry, and that First Amendment To Declaration I�OQf �Covenants And
Restrictions For Magnolia Business Park, recorded in Deed Book+-L at Paged of
the Brunswick County Registry.
IN TESTIMONY WHEREOF, the said GRANTOR has caused tiffs Deed to be
signed in its Limited Liability Company name by its Manager who has adopted the word
seal as Its Company seal, all on the day and year first above written.
STABILITY. LLC
(SEAL)
BY:. TEAL)
J N F. HINRICHS, Manager
STATE OF NORTH CAROLINA
COUNTY OFsal
a Notary �Public state
hereat OHINR CHS,MANAGEROF STABILITY,
LLC personally came before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein set forth, on behalf of the Company.
Witness my hand and official stamp or seal, thisV day of May, 2004.
My commission expires: 5 7 h-'X .
r'vX, rfF`'s
NOT04 ' a
BLIC
59 � <
y��F cox) ,.•'

JUN-10-2004-THU 03:24 PM B C & K FAX Nu.910 762 6429 P.004
,Mt : 212004 Btwk 1951 `Me• 545
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK. JEFFREY PERRY tC$ETER
The Poregoing(or annexed) Certificate(s) of
Notary(ies) Public is (are) Certed [o be Correct. 27th May 2004
This Instrument was filed for Regis[ration on this Day of ' %
in [he Book and page shown on the First Pagc hereof. I nl 4 � �y��T,�
RO MJ.RO�d9SON,Register e

Jul-01-03 12:50P P.01
NORTH CAROLINA Wunsw1ck G01AtY—�tetet of Deeds
Robert J. Robinson
Inst 189997 Book 1507Page y
NEW HANOVER COUNTY 10/04/2001 02:50:49pa Re # M 2y
DECLARATION OF COVENANTS, CONDITIONS & RES71UCMONS
FOR MAGNOLIA BUSINESS PARK
THIS DECLARATION, made on the date hereinafter sec forth by STABILITY, I.I.C.
hereinafter referred to as "Declarant'.
WITNFSSETH:
WHEREAS, Declarant is the owner of certain property in Brunswick County, North
Carolina, which is more particularly described on Schedule "A', hereto attached and incorporated
herein by reference.
WHEREAS, Declarant is developing the Properly for business use, to be !mown as
MAGNOLIA BUSINESS PARK and in connection there with wishes to insure the proper use,
development and improvement of the Properties so as to protect the Owners and Occupants of the
Lots therein by restricting the use of all Lots for purposes consistent with the overall development
of the Properties and by encouraging the erection of attractive, harmonious, permanent
improvements appropriately located on the Properties.
NOW, THEREFORE, Declarant hereby declares that all of the Properties described
above shall be held, sold and conveyed subject to the following easements, restrictions, etc.,
which ate for the purpose of protecting the value and desirability of, and which shall run with the
real property and be binding on all parties having any right, title or interest in the described
Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each ewer thereof.
ARTICLE I
DEFINITIONS
SECTION 1. 'Association" shall mean and refer to MAGNOLIA BUSINESS PARK
OWNEPS' ASSOCIATION, INC., its successors and assigns.
SEC31 1(2• 'Building" shall mean and include, but shall not be limited to, both the
main portion of a structure built for permanent use and all projections or extensions thereof,
including, but not limited to, garages, outside platforms and decks, canopies, porches and
outbuildings.
SFAMON.I• "Common Area' shall mean all teal and personal property, and interests
therein, now or hereafter owned or leased by the Association for the common use and enjoyment
of Owners as provided under this Declaration, and their Occupants, lessees and employees,
including and not limited to private streets and wads, fences, any directory signage, gravity sewer
lines not maimaintd by a public agency, detention ponds as herein defined.
SECTION 4. "Declarant" shall mean and refer to STABILITY, LLC, and its successors
and assigns to whom STABILITY, LLC, assigns in writing its rights hereunder as Declarant.
SECT14HII• 'Improvements' shall mean and Include, but shalt not be limited to,
buildings, outbuildings, wads and driveways (other than those dedicated to public use), parking
areas, fences, screened walls. retaining walls, loading areas, signs. utilities, lawns, landscaping,
irrigation and walkways loafed on Lou, together with any construction work or treatment dove
or applied to a Lot in connection therewith. itlnri GIL,d/
TOTAE . REV &, - * 3
RECA .._��qMT� CN
CASH REF BY Zza—
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Jul-01-03 22:51P
P.02
Inst a 8"87 Book 1507Page: 23
SECTION 6. -Lot shall mean and refer to any numbered or lettered plot of land shown
upon any recorded subdivision map of the Properties with the exception of Common Area, streets
and roads. At the dme this Declaration is recorded, the Lots shall consist of lots 1, Y, 3, and 4
as shown on the atmehed Exhibit 'B• which is a preliminary plan of the subdivision.
Sy{MM 7. 'Members' shall mean and refer collectively to the Members of the
Association.
SOON A. -Occupant- shall mean any person or entity who occupies, or who has the
right to occupy, all or part of any fat which is a part of the Properties, whetter such occupancy
or right of occupancy is based on ownership, lease, license or easement.
SECTION 2. 'Owner' shall mean and refer to the record Owner, whether one or more
persons or entities, of a fee simple tide to any Lot, or any portion thereof, 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.
SI MMIQ. 'Properties' shall mean and refer to that certain real property herein
above described, and such additions thereto a may hereafter be bought within the jurisdiction of
the Association and this Declaration.
ARTICf.E II
PROPERTY RIGHTS
SECTION 1. OWNER'S EAMffk B OF ENIO]UIMM Every Owner shall have
a right and casement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the tide to every Lot, subject to the following provisions.
(a) the right of the Association to permit the use of and to charge reasonable fees for the
use of the Common Area;
(b) the right of the Association to suspend the voting rights of an Owner or Occupant for
any period during which any assessment against his Lot remains unpaid or for any infraction of
its published rules and regulations;
(c) the right of the Association to grant easements and rights of way, to dedicate 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 Association consistent with the
tern of this Declaration and the Articles and bylaws of the Association. Provided, however, that
no dedication or transfer of any Common Area shall be effective unless an instrument signed by
(i) two-thirds (2/3) of the Members and (ii) Declarant, so long as Declarant has the tight to select
a majority of the members of the Anoclallon's Board of directors, agreeing to such dedication or
transfer, has ban recorded;
(d) the right of the Association to impose regulations for the use and enjoyment of the
Common Area and any imprvemems thereon, which regulations rosy further restrict the use of
the Common Area. and
(e) the right of the Association, in accordance with its Articles and Bylaws, to borrow
matey for the purpose of maintaining and /or improving the Common Area and facifitia thereon.
SECTION 2. EASEME.A c OVER MAGNOLIA BUSINESS PARK. Declarant is
presently the owner of private roads, rights of way and easements, including a Detention Pond
Easement as shown on a map of the Magnolia Business Park, which will be recorded in the
Brunswick County Registry, designated as such on the map of MAGNOLIA BUSINESS PARK.
Declarant hereby grants a perpetual, nonexclusive right-of-way of ingress, egress and regress
over and across said Easements to the Association, its members, occupants, successors and assigns
as shown on the map of MAGNOLIA BUSINESS PARK. Declamm reserves the right to create

Jul-01-03 12:81P
Inst a 89987 Book 1507Pager 24
P.03
rights of way or convey portions of the underlying fee for said FAsements to lot owners subject
to the perpetual easement granted to the Association over said easements. In consideration for the
perpetual easement. over and across said Easements, all shall be responsible for maintenance costs
(including the cost of any capital improvements and ad valorem taxes) of said easements. Such
expense shall be part of the common expenses of the Association, payable by the lot owner as
part of the Annual Assessments and/or Capital Improvement Special Assessment prorated among
and levied against the Lots m accordance with the formula established in SEMON S of
ARTICLE V of this Declaration. Provided however, that In the event said easements are accepted
for maintenance by the North Carolina Department of Transportation or any other public agency
or entity, the obligation of Lot owners to share in the maintenance costs of said Drive through the
Association common expenses shall terminate immediately upon such acceptance.
SECnON , DELEGATTON OF USE. Any Owner may delegate, in accordance with
this Declaration, his rights of use and enjoyment of the Common Area and Its facilities to an
occupant.
SECTIO!I4. LEASES OF LOTS. Any tease agreement between an Owner and a lessee
for the lease of such Owner's lot or any part thereof (including a lease of all or a portion of a
Building constructed on a Lot) shall provide that the terms of the lease shall be subject in all
respects to the provisions of this Declaration of Covenants, Conditions and Restrictions, the
Articles of Incorporation and Bylaws of the Association and that any failure by the lessee to
comply with the terms of the Declaration, Articles, Bylaws shall be a default under the tenor of
the lease. Ali leases of Lots, Buildings or any portions thereof shall be in writing. Provided,
however, Unit as between the Association and a lot Owner, no lase agreement shall release the
Lot Owner from ultimate responsibility for payment of all assessments due against that Owner's
Lot. Olhrr than the foregoing, there are no restrictions on the right of any Owner to lease his lot.
ARTICLE III
COMMON AREA CONVEYANCE
The Declarant covenants for itself, its successors and assigns, that it shall convey to due
Association, in foe simple, except where otherwise provided, and at no cost to the Association,
those parcels of land and facilities described below after the Declarant has completed
improvements thereon, if such be required, such that the facility is functionally complete. The
Association shall accept the conveyance and immediately become responsible for all maintenance
and operation of such properties. All said parcels of lard may be conveyed to the Association
subject to this Declaration and all easements, encumbrances, rights -of -way and restrictive
covenants of record at the time of conveyance. Properties to be conveyed by Declarant stall
include, but shall not be limited to:
(1) a perpetual easernerd over the private toads, if any, and right-of-way and easements
within the property described in Article U, Section 2.
(2) any stormwater transmission and retention facilities, including any detention ponds
located within the properties.
(3) Common Areas designated as such on any subdivision plats recorded as to the
Properties.
(4) Any easements as shown on the Properties.
Such transfers shall be subject to the provisions of this Declaration and to all easements and
encumbrances, rights -of -way and restrictive covenants of record at the time of the conveyance.
The dates/ of said conveyance by the Declarant shalt be at the Declarant's sole option.

Jul-01-03 12:62P
P.04
Inst 1 89981 Book 1507Page: 25
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. 4tLFMOM. Every Owner of a Lot which is subject to alien for
assessments shall be a Voting Member of the Association. An Owner may assign in writing his
membership voting rights to an occupant upon such terms as the Association may prescribe.
Otherwise, membership and voting rights shall be appurtenant to, and may not be separated from,
ownership of any Lot which is subject to assessment; provided, however, that no such assignment
shall affect the obligation of the owner to pay the assessments described in ARTICLE V hereof.
Total Voter
In the event a l.ot recombination or resubdivision is approved as act out in SECTION 2
of ARTICLE VII of this Declaration, votes among or between the recombined or res"vided
Lot shall be reallotted by the Board of Directors, in its sole discretion, however, that any such
vote reallocation shall not decrease the proportionate voting share of any lots not then being
resubdivided or recombined.
When more than one person holds an interest in any Lot, all such persons shall be
Members. The vote or votes for such Lot shall be exercised as they among themselves determine,
but in no event shall multiple Owners of a Lot be entitled to cast more than the vote to such I.M.
SECTIONju DEC ARANT'S RIGHTTOSELECT D F - . Notwillistatding
anything to the contrary herein, until all lots of MAGNOLIA BUSINESS PARK, as per the Site
Plan shown as Exhibit'B', have been sold to Owners, Declarant shall have the tight to designate
and select a majority of the Board of Directors of the Association. Whenever Declarant shall be
entitled to designate antl select any person to serve on any Board of Directors of the Association,
the mw= in which such person shall be designated shall be provided in the Articles of
Ineorpmaxion and/ or Bylaws of the Association. Declarant shall have the right to remove any
person selected by it to act and serve on said Board of Directors and to replace such person with
another person to act and serve in the place of any Director so removed. Any Director designated
and selected by Declarant need not be the Owner or Occupant of a Lot in the Properties. Any
representative of the Declarant serving on the Board of Directors of the Association shall not be
required to disqualify himself from any vote upon any contract or matter between Declarent and
the Association where Dcelarant may have a pecuniary or other interest. Similarly, Declarant,
as a Member of the Association, shall not be required to disqualify itself upon any eonnacl or
natter between the Declarant and the Association where Declarant may have a pecuniary or other
interest.
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
SECTFO L CREATIONOFTHELIENANDPERSONAiB .I .AIM NOF LOT
OWNERS FOR ASSESSMENTS. The Declarant, foreach Lot owned within the Properties, and
each Owner of any Lot or portion thereof, by aoocptanoe of a deed therefor, whether or not it shall
be so expressed in such dad, is darrmd to covenant and agree to pay to the Association: (1)
Annual Assessments or charges; (2) Special Assessments for capital improvements and/ or for
such assessments to be establishes and collected as hrsdnafter provided; (3) any fine, charge or
late fee which may be levied by the Association against an owner pursuant to the provisions of this
Declaration; and (4) to the appropriate governmental taxing authority: (a) a pro ram share of ad
valorem taxes levied against the Common Area; and (b) a pro taa share of assessments for public

Jul-01-03 12:53P
Inst 1 89987 Book 1507Page, 26
P.05
improvements to or for the benefit of the Common Area If the Association shall default on the
payment of either or both for a period of (6) months, all as hereinafter provided. Such annual arnd
special assessments, and any fine, late fee or other charge, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment, fine, late fee or charge is trade. Each such
assessment, fuueor late fee and charge together with interest, costs and reasonable atromey's fees,
shall also be the personal obligation of the entity which was the Owner of the Lot at the time when
the assessment, fine, late fee or charge fell due. The personal obligation of a Lot Owner for
ddin0.uent assessments shall not pas to its successors in title unless expressly assumed by them.
(a) 'The assessments levied by We Association shall be used exclusively to promote the
health, safety and welfare of the Members of the Association, thew Occupants, lessee and
employees and in particular for the improvements and maintenance of properties, services and
facilities devotes to this purpose or for the use and enjoyment of the Common Area, including but
not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment,
materials, management and supervision, the payment of taxes assessed against the Common Area,
the maintenance of private stints, if any, (as required in SECTION 2 of ARTICLE A of this
Declaration), stormwater run-off facilities, detention ponds, directory signage, fences, walls and
other elements of the Common Area, the procurement and maintenance of insurance in accordance
with the Bylaw, the payment of charge for street lights Heated in the Common Areas, the
payment of charges for water and sewer services furnished to the Common Area, the employment
of attorneys and other professionals to represent the Association when necessary, and such other
needs as may arise.
(b) All monies collected by the Association shall be treated as the separate property of
the Association, and such monies may be applied by the Association to the payment of any
expanse of operating and managing the Properties, or to the proper undertaking of all acts and
duties imposed upon it by virtue of this Declaration, the Articles of Incorporation and the Bylaws
of the Association. As monies for any assessment are paid unto the Association by any Member,
the same may be commingled with monies paid to the Association by the other Members.
Although all funds and common surplus, including other assets of the Association, and any
incraaents thereto profits derived therefrom shall be held for the benefit of the Members of the
Association, no Member of the Association shall have the right to assign, hypothecate, pledge or
in any manner transfer his membership interest therein, except as an appurtenance to his Lot.
When an Owner shall cease to be a Member of the Association by reason of his divestment of
ownership of his Lot, by whatever means, the Association shalt not be required to account to such
Member for any share of the fund of assets of the Association, or which may have bent paid to
the Association by such Member, as all ninnies which any Member has paid to the Association
which may be used in the operation and management of the Properties and/ or the Common
Areas.
SECTION 3. ANNUAL ASSESSMENIS FOR LOT . TheAssotiaUon shall
levy, in each calendar year, Annual Assessments for the purpose of maintaining and operating all
portions of the Common Area including utility cost, futures and personal property related Nereta
Such Annual Assessments shall be levied only against the Lots and Lot Owners thereof. Until
December 31 of the year of the oonvcyw= of the first Lot to an Owner, the Annual Assessment
shall be $5W.00 per vote (as assigned in SECTION 1 of ARTICLE V above) per Lot. In
subsequent years, the amount of the Annual Assessment shall be as established by the Board of
Directors, in its sole discretion, and may be increased or decreased from year to year by the
Board, without consent of Lot Owners, so long as any increase does not exceed 20% from the
prior year. Provided if the increase does exceed 20% from the prior year said increase shall be
approved by 2r3 of the lot owners.
SECI'IONd. CAPITALIlVIPRSPECIAL ASSESSMENTS. In addition to
the annual assessments authorized above, the Association may levy, in any calendar year, aspecial
assessment for cite purpose of defraying in whole or in pan the costs of any construction,

Jul-01-03 12:54P P.06
Inst a 89987 Book 1507Page: 21
reconstruction, repair or replacement of a capital improvement upon de Common Area including
fixtures and personal property related thereto, provided that any such assessment shall be approved
by majority vote of the Members who are voting in person or by proxy at a meeting duly called
for this purpose. The Capital Improvement Special Assessments shall be levied against each Lot
in the same manner as Annual Assessments, as set forth im SECTION S below.
Written notice of any meeting called for the purpose of taking any action authorized under
this SECTION 4 shall be watt at least thirty (30) days but not more than sixty (60) days in advance
of the meeting. At the first such meeting called, the presence of Voting Members or the proxies
entitled to cast twenty percent (20%) of the votes of the membership shall constitute a quorum.
If the required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half (%) of the
required quorum at the preceding meeting. No such subsequent meeting shall be hold more that
sixty (60) days following the preceding meeting.
SECTION.:£ RATE OF ASSESSMENTS. The Annual Assessments and Capital
Improvement Special Assessments shall be levied against the Lou so that each Lot's portion of
the assessment bears the same relationship to the total assessment as such Lot's appurtenant vote
in the Association bears to the total number of votes then outstanding in the Association. (for
example, if a Lot has one (1) vote in the Association out of a total of four (4) possible votes, such
Lot and its Owner would be liable for one-fourth (1/4) of any assessment.
SECTION B. D=ANDCDMMEKEVEENTOFANNITAI,AqSE06MMi DUE
DSO. The Annual Assessments provided for herein shall be collected on an annual basis, or
other periodic basis established by the Board, and shall commence: (1) as to each Lot, on the date
the Declarant conveys the Common Area to the Association. The first annual assessment; shall
be adjusted accordingly to the number of months remaining in the calendar year. At least thirty
(30) days in advaneeof each annual assessment period, the hoard of Directors shall fix the amount
of the Annual Assessment applicable to every Owner subject thereto. The due dates for all such
annual assessments shall be December 1 of each year, or such other date as established by the
Board of Directors. The Association shall, upon demand, and for a reasonable charge, famish
a certificate signed by an officer of the Association setting forth whether the assessments on a
specified Lot has been paid.
SECTION 7. EFFECT OF NONPAYMENT OF ASSESSMENTS: LATE FEES:
REhMM OF TEE ASSOCIATION. Any assessment, including late fees, if riot paid within
thirty (30) days after the due date shall beer interest from the due date at the rate of eighteen
percent (18%) per annum. In addition, the Association may impose a late fee of $100.00 per
month for each month any assessment remains unpaid for 30 days after its due date, up to a
maximum late fee of $1000.00. per delinquent assessment per Lot. The Association may bring
an action at law against flte Owner personally obligated to pay the same or foreclose the lien
created herein against the property to the same manner as created herein against the property in
the same manner as prescribed by the laws of the State of North Carolina for the foreclosures of
deeds of trust, and late fees, interest, coats and reasonable atWmey's fees for representation of the
Association in such action of foreclosures stall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for any assessment provided for herein by non-use
of the Common Area or abandonment of his Lot, nor shall damage to or destruction to any
improvements on the Common Area, or any Lot by fire or other casualty result in any abatement
of diminution of the assessments provided herein.
Og c �cMlov7s FOR PUBLIC BNFROY A112!I'S BY A110N. Upon default
by the Association in the payment to the governmental authority entitled thereto of any ad valorem
taxes levied against the Common Area or assessments for public improvements, which default
shall continue for a period of six (6) months, each Owner of a Lot shall become personally
obligated to pay to the taxing or assessing governmental authority a pardon of such unpaid taxes
of assessments in an amount determined by dividing the total taxes and/or assessments due the
governmental authority among the Owners in accordance with the formula established in

Jul-01-03 12:55P P.07
I mt a 89987 Book 1507Page: 28
SECTION 5 of this ARTICLE. If such sum is not paid by the Owner within thirty (30) days
following receipt of notice of the amount due, then such sum shall become a continuing lien on
such Lot and the taxing or assessing governmental authority may either bring an action at law or
may elect to foreclose the lien against such Lot.
SE;,$Q)!j,g. SUBORDINATION OF 331E LIEN TO MORTGAGES. The liens
provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale
or transfer of any Lot shall not affect the Atsessment lien or liens provided for in the preceding
section. However, the sale or transfer of any Lot which is subject to any such first mortgage or
deed of trust, pursuant in lieu of foreclosure thereof, shall extinguish the ben of such assessments
as to the payment thereof which become due prior to such sale or transfer shall relieve such sale
or transfer. No such sale or transfer shall relieve such Lot from liability for any aswsme is
thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue
to be subordinate to the lien of any first mortgage or deed of trust.
ARTICLE VI
ARCH17ECIVRAL CONTROL
SECTION 1. AR H�mRAL CONTROL•. Pursuant to this Declaration, the
Declarant now exercises all rights of architectural control on this property for a period of ten (10)
years from the date of the Restrictions. During that period of time, the Declarant for so long as
Declarant shall have the right to appoint a majority of the Hoard of Directors of the Association,
shall exercise such additional rights of architectural control as set out in this Declaration.
Thereafter, such architxtud control rights provided for in this Declaration shall be exercised by
an Architectural Control Committee (the 'ACC') consisting of three (3) or more persons
appointed by the Board of Directors of the Association.
SECnW 2. $ . Declarant, or the ACC, as the case may be, shall regulate the
external design, appearance, use. location such a manner so as to preserve and enhance values and
to maintain a harmonious relationship among structures and the natural vegetation and topography.
SECTION 3. CONDITIONS. No improvements, landscaping, grading alterations,
repairs, change of paint colors, excavations, changes in grade or other work which in any way
alters any Lot or the exterior of the Improvements located thercon from its natural or improved
state existing on the date such Lot was first conveyed in fee by the Declarant to an Owner shall
be made or done without the prior written approval of Declarant, or the ACC, as the case my be.
No improvement or other structure shall be commenced, aeaed, aaiattaned, altered or removed
without the prior written approval of Declarant or the ACC, as the case may be,
SECTION 4. PROCEDURES. During the period of time in which Declarant or ACC
is entitled to review and approve any proposed impmvements or plans, all such plans and
specifications for any improvements shall be submitted to the Declarant or ACC in writing, in
accordance with the prucedures recorded In the Restrictions. In the event the Dacluant or the
ACC fails to approve, modify or disapprove in writing an applkmtion within thirty (30) days after
the plans and specifications have been submitted to it, approval will not be requited and this article
will be deemed to have been fully complied with. Following appointment of the ACC, an
applicant may appeal an adverse ACC decision to the Board of Directors of the Association which
may reverse or modify such decision by a two-thirds (2/3) vote of the Directors.
SECTION S. DESIGN MM)ELEM. Declarant, of the ACC, as the can may be, may
adopt and impose, from time to time. design guidelines or more specifically define and describe
design standards and allowable uses within the properties.
Declarant or the ACC, as the case may be, in its sole discretion. may approve variances
on a case by case basis from the Design auidelines contained in this Declaration, the restrfetions
set out in AR77CLE VII of this Declaration, or the additional design guidelines established by
Declarant or by the ACC, as the case nay be.

Jul-01-03 12:56P
Inst # 89987 nook 1507P99e: 29
P.08
ARTICLE VU
USE AND MMOVEMEM; RESTRICTIONS
C gMM 1. LAND USE AND MMMING TYPE. All lots shall be used for business
or commercial purposes. The ACC, as the case may be, shall determine, in its sole discretion,
whether or not any present or intended use of a Lot by an Owner of Occupant is within the
meaning and intent of this stated use and whether such use is in keeping with the purposes referred
to in ARTICLE VI, SECTION 2 above.
SF&TION,'S. RECOMMATION AND SUBDIVISION OF TAM. No lots shall be
combined nor shall any Lots be further subdivided from that shown on the Site Plan of the
properties unless the prior written caned of Declarant shalt be obtained. Any permitted
recombination or subdivision shall meet all applicable requirements of Brunswick County. In the
event of any other permitted recombination or rembdivision, the Berard of Directors of the
Association. in its sole discretion and without consent of any Members, shall reallocate the votes
set out in S£C1ION 1, ARTICLE IV of this Declaration. Such reallocations Stull be effective
from the date of recording an amendment to this Declaration sating out such reallocations.
(a) Mynt,� ;3m, Each Owner and Occupant shall be responsible for leaping its Lot
(whether or not improved), Buildings and other Improvements in a safe, clean, neat and orderly
condition and shall prevent rubbish from accumulating an its Tot.
(b) Commencement and Completion of Construction. A building permit must be
obtained and constriction commenced as to a Building within twelve (12) months from the data
Declarant or the ACC, as the case may be, approves the plans for such Building, or approval of
such plans will be deemed to have expired and the Owner will be required to resubmit all plans
and specifications for approval. A Building shall be completed in accordance with approved plans
and specifications and a certificate of occupancy issued thereof within fifteen (15) months from
the date a building permit is issued for such Building. In the event any Building is not so
completed within the requisite time period, the Owner of the Lot on which said Building is located
shall be asvessod a fine of $50. per day for each day the Building is incomplete following the date
required for completion; provided, however, that Declarant or the ACC, as the case may be, in
its sole discretion, may extend the required completion date for any Building by a written
extension agreement executed by Declarant or by a majority of the members of the ACC, as the
case may be. Any fine assessed pursuant to this subparagraph shall be deemed an assessment,
collectible pursuant to ARTICLE V of this Declaration.
(c) R"r or Removal of Immprovements. Any Improvement damaged in wholeor in
put by casualty, fire, windstorm or from any other cause, mat be promptly restored or all debris
removed and the Lot restored to a sightly condition. Removal of debris shall be completed within
twelve (12) months from the date of the casualty unless a written extension is granted by Declarant
or by ACC, as the case may be.
(d) Violation, Each Owner and Occupant shall be entitled to file complaints with
Declarant or the ACC, as the case may ire, alleging a violation of this SECTION 3. Declarant
or the ACC, as the case may be, shall designate an agent (who may be a member of the ACC)
who shall be readily available to investigate any complaints feted. If such agent shall conclude that
any complaint files has merit, the alleged violator shall be promptly notified in writing and, upon
reo* of the written notice of the complaint, the alleged violator shag have five (5) business days
within which to begin in good faith to cure the violation or within which to file an appeal to
Declarant or the ACC, as the cast may be. If the alleged violator does not begin in goad faith
to cure the violation or file an appeal within the five (5) days pmvidtd, the agent may cause the
violation to be cured at the expense of the Owner or Occupant deemed to be in violation.

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if 0c rdleged violator appeals to Declarant or to the ACC, the appeal shall be heard within
seven (7) days. If Declarant or at least two (2) members of the ACC, as the case may be, upholds
the findings of the agent, Dechuant or the ACC, as the case may be, may cause the violation to
be cured at the expense of the owner or Occupant in violation, if the violator has not cured such
violation within a reasonable time as determined by Declarant or the ACC, as the case may be.
By purchasing or leasing Property subject to this Declaration, each Owner and Occupant
binds itself, its successors and assigns, to pay to the Association the actual cost to sore any
violation hereunder, together with liquidated damages of ten percent (10%) of such cost. Such
cost shall be the personal obligation of such Owner and Occupant, and shall become a part of the
Annual Assessment or charge set forth in ARTICLE V. SECTION I, subject to the lien rights set
forth in ARTICLE V, SECTION 8.
ARTICLE VIII
UT LM, DRAINAGE AND ACCESS EASFAWM; EMERGENCY EASEMENT
SECTION js UTILITY AND DRe2AGE E-s crMaN t5. Easements for installation
and maintenance of utilities, drainage facilities and buffers are reserved as indicated on recorded
plats of the lkoprnies. Within all such drainage and utility casements no structures, planting or
other material shalt be placed or permitted to remain which may interfere with the installation and
maintenance of utilities, or which may change the direction of flow of drainage channels in the
drainage eascmcn% or which may obstruct or retard the flow of water through drainage channels
in the easements. Provided, however, that Lot Owners may subject to all approvals required
under ARTICLE VI and VB of this Declaration, instal landscape planting, parking areas and
driveways within easement areas, if such planting, parking areas and driveways within easement
areas, do not interfere with the installation of maintenance of the utilities, or interfere with or
change the direction of flow of water in drainage channels, and provided that it shall be the
responsibility of the Lot Owner to remove and to repair or replace such plantings or paved areas
if necessary to allow access to the easement area for maintenance and repairs.
An easement is hereby established for the benefit of theTown of Melville, North Brunswick
Sanitary District, atdlor Brunswick County (and any other person or firm providing services to
the Properties under agreement with or at the direction of the Association) over all Common Areas
as may be nwonaNy necessary for the setting, removal and reading of electric and water mecca,
and the maintenance and replacement of electric, wafer, sewer and drainage Wilities and for the
electric, water, sewer and drainage fatalities and for the fighting of fires and collation of trash.
The Association shall have the power and authority to grant and establish upon, over and across
the Comoon Areas such additional easements as are necessary or desirable for the providing of
service or utilities to the Common Maas, Lou or Affiliate tots
Furthermore, in addition to the foregoing reserved specific easements. the Declarant, so
long as it appoints a majority of the Board of Directors of the Association, and thereafter the
Association, may sot and create drains and drsinways along, over or across any Lot, both above
ground and underground. for the purpose of facilitating the removal of surface water whenever
such action may appear to be necessary in order to maintain reasonable standards of health, safety
and appearance in the Properties.
These reservations of ease nests expressly include the right to cut any trees, bushes, shrubs
or growth, to grade, cut or ditch the soil and to take any other action necessary to Complete
installation, andloc to repair and maintain the utilities and facilities located therein.
SECTION 2. SIURMWATER RUNOFF REGULATIONS. Covenants Pertaining to
stormwat r are to ensure compliance with North Carolina State Management Permit Number
SWO010706 as issued by the Division of Water quality under NCAC 211.1000. All dminage
swales or drainage patterns used to treat stormwater runoff as required by the Suite of North
Carolina may not be filled in, piped or changed without the consent of the DEVELOPER, its
desigrxe, the Asurciation and the State of North Carolina Division of water Quality. Tbe State
of North Carolina is hereby made a beneficiary of these Protective Covemuts to the extent

Jul-01-03 12:58P P.10
Inst # 89987 Book 1507Pagc: 31
necessary to enforce compliance with its stormwater management permit. This section containing
the stormwatcr runoff regulations cannot be changed or deleted without the written consent of the
State of North Carolina Division of Water Quality. The maintenance of the stomwater runoff
system shall be a common expense and an obligation of the Association.
The maximum allowable built -upon area per lot is as follows:
tag. StllMM
202,955
107,927
110,431
79,475
This allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right -of --way between the from lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina, and parting areas, but does not include raised, opens wood decking,
or the water surface of swimming pools.
All runoff from built -upon area on the lot must drain into the permitted system. This may
be accomplished through providing roof drain gutters which drain into the street, grading the lot
to drain toward the street, or grading perimeter swales and directing them into the pond or strut
Lots that will naturally drain into the system are not required to provide these measures.
SECTION 3 EMERGENCY EASEMENT- In the event of any emergency originating
within a Lot. which emergency threatens other Lou, the owners or occupants thereof and/or the
Common Area, the Association is hereby granted an easement on and over aB Lots for the purpose
of remedying or abating the cause of such emergency. All costs incurred by the Association is
remedying or abating the cause of such emergency shall be reimbursed by the owner of the Lot
upon which the emergency originated, and such costs shall be a charge on the land and the
personal obligation of the owner of the Lot enforceable as an assessment pursuant to the provisions
of ARTICLE V of the Declaration.
ARTICLE L%
SECTION I. ENFORCEMENT, The Association. and any Owner or Occupant. shall
have the right to enforce, by any proceeding at taw or equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the provisions of the
Declaration, the Articles of Incorporation or Bylaws of the Association. Failure by the
Association or by any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. The Association shall have the right
to request that law enforcement, public safety and animal control officers come on the properties
to facilitate the enforcement of the laws, codex and ordinances of any governmental authority.
sECTION.2. SEVERABI •*Y. Invalidatiw of any out of the covenants or restrictions
by judgment or court order shall not affect any other provision which shall remain in full fora
and effect.
sEC'IION3. AMEND F14T, The covenants and restrictions of this Declaration shall
run with and bind the had for a term of twenty (20) years from the date this declaration is
recorded, after which time they shall be automatically extended for successive periods of ten (10)
Years. This Declaration may be amended by an instrument signed by (a) owners holding at feast
sixty-seven percent (67%) of the then outstanding votes in the Association, and (b) Declarant, for
so long as Declarant has the right to select a majority of the members of the Board of Directors
of the Association, provided that no amendment shall alitr any obligation to pay ad valorem taxes
or „SMOSS. IMIS for public improvements, as herein provided, or affect any lien for the payment
thereof established herein. Any amendment must be properly recorded in the Brunswick County
public records, and must refer to the recording data for this Declaration.
10

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Inat a 09987 Book 1507Pa9e: 32
Notwithstanding anything in this SECTION 3 to the contrary, no consent by Members shall
be required to amend this Deoleradon in connection with any of the following matter:
a) the reallocation of votes among Lots occasioned by Lot recombinations and/or
resubdivisions, as set out in SECTION I of ARTICLE IV of this Declaration.
IN WrMESS WHEREOF, the underftned, being the Declarant herein, has caused this
instrument to be executed, the _ day of October, 2001.
STABILITY, _ Q
By;j��sj ✓y _�
Doha F ' riche, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, t a Notary Public in and for the State and County
aforesaid, do hereby certify that r'
manager of STABILITY, LLC, personally appeared before me this date, and acimowledged the
due execution of the foregoing Instrument for and on behalf of the limited liability company.
WITNESS my hand and Notarial Seal, thjs the KY day of October, 2001.
Y
/
My Commission F-Vires--+J8XU
61 Notary Public
STATE OF NORTH CAROLINA
COUNTY OFBRUNSWICK
The Foregoing(or annexed) Certificates) of SHARON L WADDELL
......... ,o.y ...
This instrument was feud for Registration on" 4 t h Day of October 2001
in the Book and Page shown on the First Page hereof.
fCDRO RTTJ N, RegistWatUeeds
11

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Inst 1 89967 Book 1547Page: 33
SCHEDULE°A'
BEING ALL of Lot 1, WOLF TRAP, as the same is shown on map recorded in MeP Cabinet
19, nt Page 4SI of the Brunswick County Registry, reference to which is hereby made for
a more particular description.
12

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