SW8010706_HISTORICAL FILE_20210223

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 010"lOb
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2OZx 0223
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmenmi Quality
February 23, 2021
Waterford Business Park Owners' Association, Inc.
Attn: Robert C.G. Exum, President and Registered Agent
1430 Commonwealth Drive, Suite 102
Wilmington, NC 28403
Subject: Permit Transfer and Notice of Inspection
State Stormwater Management Permit No. SW8 010706
Waterford Commercial Phases H & III
Brunswick County
Dear Mr.Exum:
On August 24, 2020, the Wilmington Regional Office received a complete request to transfer the ownership of the
subject state stormwater management permit under the provisions of 15A NCAC 02H.I045(1)(a). A file review
and site inspection was performed on October 29, 2020 by DEMLR staff and as noted in the enclosed inspection
report, the site is currently NOT in compliance with the terms and conditions of the current state Stormwater
permit. On February 4, 2021, the proposed perm ittee submitted a revised page 6 of the application form where
they selected the option in Section F indicating that they agree to be the entity responsible for addressing any
compliance issues. To bring this project into compliance with the Stormwater Regulations and MDC, these
deviations will be corrected within the proposed schedule of compliance as documented in Attachment D. By
signing the Name/Ownership Transfer form, agreeing to the Schedule of Compliance, and agreeing to the
Operation and Maintenance Agreement, you have accepted the responsibility for complying with the terms and
conditions outlined in this permit, including the correction of the deficiencies outlined in the inspection report.
The Division is hereby notifying you that the subject permit has been transferred on February 23, 2021. A copy
of the transferred and updated permit and associated documents are enclosed. Please note that this transferred,
updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies some of the
previous terms to provide you with a better understanding of your obligations under the permit and includes a
condition to bring this project into compliance.
This permit shall be effective from the date of issuance until December 14, 2021, which includes all available
extensions. Note that you will need to apply to renew your permit by June 14, 2021 because, as stated in the
permit text, a permit renewal request must be submitted at least 180 days prior to the expiration date of this
permit.
The project shall be subject to the conditions and limitations as specified therein and does not supersede any other
agency permit that may be required. Failure to comply with these requirements will result in future compliance
problems. Please note that this permit is not transferable except after notice to and approval by the Division. Tbis
cover letter, attachments, and all documents on file with DEWR shall be considered part of this permit and is
herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
omwcmw
�w�eaunmm^rm 910.7967215

State Stormwater Permit No. SW8 010706
Page 2 of 2
If you have any questions or need additional copies of documents, please contact Steve Pusey in the Wilmington
Regional Office, at [phone] or [e-mail].
Sincerely,
Ask
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — blank Engineer Certification form
Attachment B — Built -upon Area Allocation form
Attachment C — Permitting History
Attachment D — Schedule of Compliance
copy of the Permit Transfer Application Form
copy of the approved Operation & Maintenance Agreement
copy of the latest inspection report
DES/sgp: \\\Stormwater\Permits & Projects\2001\010706 HD\2021 02 permit 010706
cc: Michael House, PE — Cape Fear Engineering
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit No. SW8 010706
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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
Waterford Business Park Owners' Association, Inc.
Waterford Commercial Phase H & 111
NC Hwy 17, Belville, 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 Energy, Mineral and Land Resources (the "Division" or "DEMLR") and
considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until December 14, 2021 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 1.7 of this permit The subdivision is permitted for eighteen (18) lots with a
built -upon area of 817,186 ft2 total. Overall impervious area for the project is 865,570 ft2 on a
project of 23.3 acres. Each lot is allowed a maximum amount of built -upon area, in square
feet, as listed by Attachment B to this permit.
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.
5 An off -site permit shall be required for any outparcel lot sold to a different owner
Page 3 of 12

State Stormwater Management Systems
Permit No. SW8 010706
6. SCHEDULE OF COMPLIANCE. To bring this project into compliance with the Stormwater
Regulations and design criteria, these deviations will be corrected within the proposed
schedule of compliance as documented in Attachment D. The schedule must be adhered to
unless an extension or revised plan of action is submitted and approved by the Division.
The following design criteria have been permitted for the wet detention pond and must be
maintained in the system at all times:
a.
Drainage Area, acres:
23.3
Onsite, ft2:
1,014,948
Offsite, ft2:
Rerouted, per Engineer
b.
Total Impervious Surfaces, ft2.
865,570
Lots, ft2:
817,186
Onsite streets, ft2:
47,946
Other onsite, ft2:
438 (pump station)
c
Design Storm, inches:
1.0
d.
Pond Depth, feet:
70
e.
TSS Removal Efficiency, %:
90
f.
Permanent Pool Elevation, FMSL:
23.0
g.
Permanent Pool Surface Area, ft2:
40,336
h.
Temporary Storage Elevation, FMSL:
25.4
i.
Permitted Storage Volume, ft3'
103,931
j.
Controlling Orifice:
3.0" cp pipe
k.
Permitted Forebay Volume, ft3:
49,611
I.
Receiving Stream / River Basin:
Jackeys Creek / Cape Fear
M.
Stream Index Number:
18-77-3
n
Classification of Water Body.
"C Sw"
II. 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 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 Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit
is transferred to the individual property owner.
3. 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 4 of 12

State Stormwater Management Systems
Permit No. SW8 010706
5. No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the
permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to the
project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be
required and a copy must be submitted to the appropriate DEQ regional office upon completion of
the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c Further development, subdivision, acquisition, lease, or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of
the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown
on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans and
specifications.
g. Other modifications as determined by the Director.
6. 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.
7 During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
8. 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.
A modification may be required for those deviations.
9. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
c. Separated 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
d. The fountain may not be placed into the forebay.
e The falling water from the fountain must be centered in the main pond, away from the
shoreline
f. The maximum horsepower for a fountain in this pond is 3/4 horsepower.
10. 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.
11. 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.
12. Prior to transfer of the permit, the stormwater facilities must be inspected by DEMLR
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 5 of 12

State Stormwater Management Systems
Permit No. SW8 010706
13. The permittee shall at all time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition. 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 re -vegetation 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.
14. Records of maintenance activities must be kept and made available upon request to authorized
personnel of the Division. The records will indicate the date, activity, name of person
performing the work, and what actions were taken.
15 The following deed restrictions and protective covenants related to stormwater management
have been recorded in Deed Book 2735 on Pages 36-52 with the Brunswick County Register of
Deeds, are incorporated by reference, and must be maintained in perpetuity:
a. The maximum built -upon area per lot, in square feet, is limited to the amount listed in
Attachment B to Stormwater Management Permit No. SW8 010706. 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 such 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 Energy, Mineral and Land Resources 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.
18. The facilities shall be constructed, operated, and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
Page 6 of 12

State Stormwater Management Systems
Permit No. SW8 010706
III. GENERAL CONDITIONS
Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit
Information Update Application Form" (available on the Division website) to the Division within 30
days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
2. Permit Transfer: This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed "Permit Transfer
Application Form" (available on the Division website) accompanied by the required fee and
supporting documentation as listed on the form, to the Division at least 60 days prior to any one or
more of the following events
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants,
b. The assignment or conveyance of declarant rights to another individual or entity;
c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS
57D-6-07 and 08,
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121,
2. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the transfer request. Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the
stormwater permit
3. Any individual or entity found to be in noncompliance with the provisions of this stormwater
management permit or the requirements of the Stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
4. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement stormwater
management systems.
6. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
7. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking, and reissuing the permit, or terminating the permit as allowed by the laws,
rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and
NCGS 143-215.1 et.al.
8 Permittee grants permission to staff of the DEMLR to access the property for the purposes of
inspecting the stormwater facilities during normal business hours.
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.
Page 7 of 12

State Stormwater Management Systems
Permit No. SW8 010706
10. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit. The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H 1045(3).
Permit updated, transferred, and reissued this the 231 day of February 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ct-..4 94J-�
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 8 of 12

State Stormwater Management Systems
Permit No. SW8 010706
Attachment A
Waterford Commercial Phase II & III
Stormwater Permit No. SW8 010706 Modification
Brunswick County
Designer's Certification
Page 1 of 2
I, , as a duly registered in the State
of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the protect construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 12

State Stormwater Management Systems
Permit No. SW8 010706
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4 The outlet/bypass structure elevations are per the approved plan.
5 The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3 1
9. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
10 The permitted amounts of surface area and/or volume have been provided
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDEQ-DEMLR Wilmington Regional Office
Brunswick County Engineering Department
Page 10 of 12

State Stormwater Management Systems
Permit No. SW8 010706
Attachment B
IMPERVIOUS AREA PER LOT
WATERFORD COMMERCIAL PHASE II & III
Lot
Total Area,
sq.ft.
Total Area, ac.
Impervious
Area, sq.ft.
Impervious
Area, ac.
% Impervious
1
93,323
215
73,050
1.68
78.3
2
79,594
1.83
62,000
1.42
77.9
3
48,117
1.06
43,305
.95
90
4
30,664
0.70
26,984
060
88
5
30,092
.69
27,083
.62
90
6
62,866
1.44
58,780
1.35
93.5
7
54,998
1.26
42,814
.98
779
8
47,049
1.08
31,382
.72
667
9
116,421
2.67
104,779
2.41
90
10
60,174
1.38
55,962
1.28
93
11
73,616
1.69
62,888
1.44
85.4
12
25,039
.57
23,787
55
95
13
24,191
.55
221981
.53
95
14
44,562
1.02
40,106
.92
90
15
60,457
139
54,412
1.25
90
16
44,378
1.02
39,941
.92
90
17
23,840
.55
22,648
.52
95
18
25,562
.59
24,284
.56
95
Totals
944,943
21.64
817,186
18.70
87.8
Page 11 of 12

State Stormwater Management Systems
Permit No. SW8 010706
Attachment D
Schedule of Compliance
Waterford Business Park Owners' Association, Inc. has applied for a State Stormwater Permit Transfer for
SW8 010706 for Waterford Commercial Phase 2 & 3. The compliance inspection by the Division of
Energy, Mineral, and Land Resources (DEMLR) on October 29, 2020 identified the following non -compliant
items. As the incoming permittee, I understand that I will be transferred a non -compliant permit, and I
agree to resolve these items to bring the project into compliance by latest May 23, 2021
To bring this project into compliance, the following actions should be taken:
1. Bare areas along top of slopes of pond will need over -seeding or sod.
2. Outfall to Hwy 17 appears to be eroding and will be repaired / planted with grass.
3. Vegetation will be maintained around the pond, especially at outfall pipes and outlet structure.
Page 12 of 12

Compliance Inspection Report
Permit:
SW8010706 Effective:08/30/19
Project:
Waterford Commerical Phase II & III
Owner:
Dlbe Commerical Investments LLC
County:
Brunswick
Region:
Wilmington
Contact Person: Robert Exum
Expiration: 12/14/21
Adress: NC Hwy 17
City/State/Zip: Belville NC 28451
Title: Member Manager Phone: [phone]
Directions to Project:
Located along the north right-of-way on Hwy 17 at the Poole Road intersection
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1-(Jackeys Creek) (03-06-17 )( C,Sw)
On -Site Representative(s):
Related Permits:
SW8140705
Ss Belville LLC - Belville Shoppes
SW8090206
First Bank - First Bank
SW8071208
Success Properties LLC - Holiday Inn Express Belville
SW8050909
L-W Investments Group LLC - Waterford Commerical Lot 8
SW8040907
Ferguson Enterprises, Inc - Ferguson Enterprises
SW8111106
Hanby Properties LLC - Capeside Animal Hospital at Waterford Business
SW8140103
Taco Properties -Advance Auto Parts Belville
SW8190119
Rfte Enterprises LLC - Bloomm' Crazy Nursery
SW8190108
R L Blanton & Cc Inc - Lot 5 Waterford Business Center
Inspection Date:
10/29/2020 Entry Time 02 15PM Exit Time: 02:40PM
Primary Inspector: Creighton A Brown
Secondary Inspector(s):
Steven G Pusey
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Transfer Renewal
page 1

Permit: SW8010706 Owner - Project: Dlbe Commerical Investments LLC
Inspection Date: 10/29/2020 Inspection Type Transfer Renewal Reason for Visit: Other
Inspection Summary:
To bring this project Into compliance, the following actions should be taken
1. Bare areas along top of slopes of pond will need over -seeding or sod
2. Outfall to Hwy 17 appears to be eroding and will be repaired / planted with grass.
3. Vegetation will be maintained around the pond, especially at outfall pipes and outlet structure
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? N ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements'? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ E
DWQ upon request?
Comment: Bare areas along top of slopes of pond need over -seeding or sod. Outfall to Hwy 17 appears to be
eroding and should be repaired / planted with grass Vegetation should be maintained around pond,
especially at outfall pipes in pond and at outlet structure
page 2

DEMLR USE ONLY
Date? Rec
wed
Fee Paid
Permit Number
aoao
563 56 -
I 19LOKNOW&
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at. http //deg nc.gov/contact/regional-offices.
After this application is accepted. DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report,
2 the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(tes), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.), or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president,
• Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor,
The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number
2. Project name: Waterford Commercial Phase II & III
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
This request is being made in order to transfer the state stormwater permit to the Waterford Business
Center Owners' Association Inc
Stormwater Permit Transfer Application Form Page 1 of 7 .April 27, 2013

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G. S 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration,
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked.
❑ a. The proposed permittee is either (select one of the following).
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur,
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur
❑ A person who has sold the property on which the permitted activity is occurring or will
occur
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected).
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
AUG 2 4 ?OZO
Stormwater Permit Transfer Application Form Page 2 of 7 \ Apnl 27, 2013

C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form Please mark 'Y' if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505 00) per G S 143-215 3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5 Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A8.If transferring under G.S. 143-214.7(c2) (i.e, Part B, Item 2 of this form is selected), documentation
verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds
of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book
and page number are acceptable.
N/A 9 If transferring under G.S. 143-214 7(c5) (i e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12 A copy of the development agreement if the proposed permittee is the developer
:UiE
AUG 14 2020
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1 Current Permit Holder's Company Name/Organization DLBE Commercial Investments, LLC
2. Signing Official's Name: Robert C.G Exum
3. Signing Official's Title. Managing Member
4. Mailing Address P.O. Box 1967
City Wilmington State NC ZIP* 28402
5. Street Address: 2024 Lynnwood Drive
City Wilmington State. NC ZIP : 28403
6. Phone[phone] Email bertexum(a)aol com
I, Robert C. G. Exum , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats,
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement,
❑ past maintenance records from the previous permittee (where required),
❑ a copy of the most recent inspection report,
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
that
this the
day of
a Notary Public for the State of
County of 'F_Unwi z , do hereby certify
execution of the forgoing instrument. Witness my hand and official seal,
personally appeared before me
20ZQ, and acknowledge the due
(Notary Seal) \\\I'< KEN „Z S./ �'Vja1`��
rj
a,raoTARy+"� B
Notary Signature
Y P � Z1 ZZ 2 •' pUe1.�6:'2�
M commission expires ��?z'•.
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

E. PROPOSED PERMITTEE INFORMATION
The proposed permittee is the:
❑ Property owner (Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place /f the purchase agreement is cancelled the
permit reverts to the property owner (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G )
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name
® HOA / POA / UOA name: Waterford Business Park Owners' Association, Inc.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Robert C G Exum
b. Signing Official's Title Registered Agent
c Mailing Address1430 Commonwealth Drive, Suite 102
City Wilmington State' NC ZIP 28403
d. Street Address: 1430 Commonwealth Drive, Suite 102
City: Wilmington State: INC ZIP : 29403
e. Phone: [phone] Email: bertexum(a)aol.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name
b. Contact Name.
c. Mailing Address
d. City.
e. Phone. (_) Email.
Title:
ZIP
AUG 111121
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I, Robert C. G Exum , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of (select all that apply):
❑ the most recent permit,
❑ the designer's certification for each SCM,
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats,
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement, ECE OVE
❑ past maintenance records from the previous permittee (where required), _
❑ a copy of the most recent inspection report; Ftu
® Check here if the proposed permittee agrees to be the entity responsible for addressing an
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will {construct), operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature tg I�Date: 2/4I ZoZI
I, a Notary Public for the State of kli:)A`k, Oar,)`t✓IGi.
County of ?KAr7 U)1 do hereby certify that PiObEA _ 04 C-uutn
personally appeared before me this the day of Ft , 20ZL, and
acknowledge the due execution of the forgoing instrument. Witness my hand d official seal,
(Notary Seal)
\`\\\\\Itlilllll////:ii
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NotarySignatur�
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Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

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G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization .
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP
Phone: (_)
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner
Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
, 20 , and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal,
(Notary Seal)
Notary
My commission
AUU y y 1J�J
BY_
Stormwater Permit Transfer Application Form Page 7 or 7 A.onl 27 2018

Pusey, Steven
From: Pusey, Steven
Sent: Monday, July 19, 2021 10:46 AM
To: [e-mail]; Michael House
Subject: Follow up inspection at Waterford Commercial Phase 2 and 3 - SW8 010706
Attachments: 2021 07 CEI_deficient 010706.pdf; 2021 07 CEI_BIMS 010706.pdf
Please reference the attached inspection letter and report.
Regards,
5 u-e., C. &,)�7
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive, Wilmington, NC 28405
Office: [phone]
Direct: [phone]
Email: steven.ousev(oncdenr.aov
DEQ
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

State Stormwater Inspection Request -9&'(0=/0 -2
General Please Return to
Project Name: �f%a� C'o�t...!/c� z 3
Permit No: SW8 O/6%06
Expiration Date:
Contact Person: w - Gre
Phone Number:
Inspection Type:
Inspection Date: /?��'
Time In: ,i:py 4-,
Time Out:
J�
Current Weather: S �x
Recent Rain (Date)?
Rain - in
Facility Address / Location: 4�,y (% I City: ����r//r I County: 3/N.,.f c
Permit Information
Density (circle one): High (HD Low (LD)
Storm ater Best Management Practices (BMPs) (insert number of each):
et Ponds Infiltration Basins Infiltration Trenches
Dry Ponds Bioretention _Permeable Pavement
Cistern Level Spreader/Filter Strip Other (spec):
LD Swales Stormwater Wetlands
Sand filters (circle one) Open Closed
Notes or anv areas to focus on:
G✓6P% SGwv(oP Co, ,� /efe /—,­ e-wtajl fro.�j Coldae// /34� Cond�c
74y,
File RPVIPw Yes No NIA N/E
1. is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Cif. \/i.if• R.dB 1lnnn Ar.. /RI IAt
�r rt
5. BUA is constructed and consistent with the permit requirements?
6. BUA aspermitted) is graded such that the runoff drains to the system? high density only)_
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
cif. Vi.if. cfnrrr.wnfar RMDc
Yeuz Nn
9. Stormwater BMPs are located per the approvedplans?
10. Stormwater BMPs have dimensions a g. length, width, area matching the approvedplans?
11. Stormwater BMPs are constructed per the ap2roved fans?
cif- Ili -if- rin. rofinn and MaiM.n anr.
Yes, No N/A N/E
qq
12. Access oints to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris grass clippings, leaves etc is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? hi h density only,1995 -present only)
Site Visit: Other Water Quality Issues Yes No N/A N/E
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report, Version 3.1_2021 02 Page 1 o1`2

a
State Stormwater Inspection Request
01,�A61 laab bets rn)pakul,
vet-trc�,%
�JlmPes oi' �vt�t bu�c C2 �cwall arm lw.w bc�h rH2>�aa�Y�'afzip.�'
of the pictures taken during the site
Compliance Status ❑ Compliant Non -Compliant
Letter Sent (circle one): Yes • No Letter type' .CEI NOV NOVRE Other
Date Sent: Refeerrence Number:
Inspector Name and -Signature: ���J—�� Date.
e
State Stormwater Inspection Report, Version 3 12021 02
Page 2 of 2

CAPE FEAR
ENGINEERING
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
w .capefearengineering.com
To:
NCDEQ
127 Cardinal Drive Ext
Wilmington, NC 28405
Attn:
Steve Pusey
❑ As Requested ❑ For Your Files
❑ Sent via Mail ❑ Sent via Courier
Transmittal
Z ccEjVE
FEB 0 4 2021
A�
2021
File: 660-01 "36"
Subject: NCDEQ Stormwater
Permit Transfer
Response to Comments
Waterford Commercial Phase II & III
SW8 010706
❑ For Distribution ® For your Review / Action / Approval
Quantity
Drawing No.
Description
1
Copy
Response Letter
1
Copy
Deed BK 3122 PG 172
1
Copy
Plat Map BK 56 PG 82
1
Original
State Stormwater Permit Transfer Application (PG 6)
REMARKS Please let us know if any other documents or information is needed. Thank you.
CC Cape Fear Engineering, Inc
File 660-01 "36" 1I . r
Signed: U�� U! �
Gavin Milli an
Received By:
Date

CAPE FEAR
ENGINEERING
February 4, 2020
Steven Pusey
NCDEQ
127 Cardinal Drive Extension
Wilmington- NC 28405
Subject: Additional Information
SW8 010706: Waterford Commercial Phase 11 & III
Brunswick County
Dear Steven:
Please find below our responses to your comments for the above referenced permit submittal.
1. Please provide a copy of the deed showing that the HOA owns all common areas.
Response:
The deed showing that the HOA owns all common areas has been included with this
additional information submittal.
Z. Please provide the map booh1page referenced in the deed so we can easily see what land the
deed covers.
Response:
The map book/page referenced in the deed has been included with this additional
information submittal.
3. Do you know of any offsite lots that have bee built without a permit?
Response:
No. to our knowledge all constructed lots have received separate offsite Penn its.
4. Please check- the box on the proposed permittee certification if the HOA is willing to be
responsible for maintenance issues regarding the stormwater system. There are some minor
maintenance items such as bare areas that need to be seeded, and some erosion that needs
repair /seeding.
Response:
The box on page 6 under the proposed permittee certification section has been
checked. This page has been re -executed and included with this additional information
request.
All revised permit documents have been provided with this response letter. I trust the information
provided is sufficient for your approval of this modification request and execution of the permit
application. Ifyou have any questions, concerns. or need any additional information, please let us
know. E V E IV L
Sincerel>, FEB 0 4 2021
Gavin Milligan
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL- [phone] • FAX [phone]
www.copefearengineeting.com

1111 Iffill 11111 Jill 1111111111111111 V122 P OV6'4612
11,.a .k C..ty, IX aaglnter of Oaeas page I of 2
Prepared by and Returned to:
Jeffrey P. Keetef
Mick. Crouch, Keeler, Belun & Sayed. LLP
P.O. Box 4, Wilmington, NC 28402
\N'1"1'IIOUT"1'1'1'LE EXAMINATION
S"FATE 01: NORTH CAROLINA
COUNTY OF BRUNS W ICK
Present6(-jCC d Rer. -\7�>c `E
0? Total a Rev Int�.l�_
Ck: Cs '711L Int.
Refund _ _ _ _ Finance
of . •, net
NON WARRANTY DEED
11-IISDEED,matdeft _dayof'12ef j 2010,byandbenveen,DLBE
COMMERCIAL INVESTMENTS, I.LC. a North Carolina Limited Liability Company, whose
address is tiO Gregory Road NE, Suite I, Belville, NC 2R45 L GRANl'OR, and WATERFORD
BUSINESS PARK OWNERS' ASSOCIATION, INC, it North Carolina coipomtion, whose
address is Cd) Gregory Road NE. Suite I. Belville, NC 23451, GRANTEE.
WI'I NESSEPI I:
THAT the said GRAN"FOR, l6r axd in wnsadeation of Ilse stun oft EN DOLLARS (SI000) axd other
valuable cousideafioas to it in haixd paid by 6RAIYFEE, the receipt of which is Ixrehy. acknowitxdgtxd. Itac
pointed, bayanml, sold, and conveyed, mid by tin t-pesenLs does herby grant, baigain, sell, and coney unto
the said GRANTEE, its successorsand assigns, the following desernlvd property lying and being in ale
County of Brunswick, and State of North Caalma. and more particularly desuibed as lollows:
Being all of Lot 7, Revised, as sho,•re an that nap entitled "Map for Record, Waterford
Businesv Center, Revision to Lots 3, 4, 5. 6 of MC 47 PG 73 & 6. 7, 8, 10. 11. 12, 13, 14, 15,
16, 17, 18 MC 46 PG 15" ,-Inch map is recorded in Map Cabinet 56 at Page 82 of the
Brunswick County Registry, reference to which nap is hereht• nrade far a more particular
description.
TO HAVE AND'I O HOLD Ux: alxn.e gsaatel axl tkv.»bed pranises togelxx with alland singular the
rights, pfivlegm easements and appurtenances and herecdivaments belonging or in anyway appettaming
unto the said GRANTEE, its successors and assigns. in fee simple
ECEIVE
FEB 0 k 20221

IIIIIIIIIIIIIIIIIIIIIIIII IIIIII'II III �� P0113 nmuns <6a002
Brunswick County, NC Register of Deeds' Rage 2 of 2
IN"IESTIMONYWIIEREOP,theslid GRANTORIvesunu lthisnimuimit to besiptctlm its name
by its Manager and its seal affixed, all on the day and year first ahove wrillen
ULBE INVESTMENTS. LLC
LOGAN NIANAGEMENTC'OMPANY, INC, Manager
BY.�— . SEAL)
D 1. LOGAN, I . ent
Stateol NtMh C' rliaw
County of �
_ rNo4uy Publicof4— 17S0k County,North
Cmolin do certify that on lhigay of c ,20('IO hefine nw peisonnlly appearalDl LOGAN,
President of Logan Managemeart Company, Inc., Manager of DI -BE Investments, LLC, a North
Carolina limited liability company
personally known tome,
"proved to me by satisfactory evidence:
Ivor ed to me on the oalh or atliinnaiion of
personally known to me,
Who is
lobe the pctson(s) whose name(s) asraaesrL9rtxl on and acknowlalged as
methathelsheriheysigied atvolunlarilyforitsstatexl pmlxrse
r;TpHANIE a OTTAWAY it oimy Pu is -
(. Notary Pub�e )
Brunswick Cppnty, NO Carotir
My Conmaicsioncxpires:
ECEIVE
FEB 0 4 2G�1

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EXUM FAMILY LLC 8
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P O BOX 1957
WILMINGTON. NC 2B402
[phone]
OWNE0.5
OLRE COMMERCIAL
INVESTMENTS LLC.
.W INVESTMENT GROUP LLC
WATERFORD COMMERCIAL
INVESTMENTS LLC
W GREGORY ROAD
BELVILLE. NC 21M51
[phone]
CAPE FEAR
Engineering, Inc.
T
M.
WATERFORD BUSINESS CENTER
REVISION TO LOTS
3, 4, 5, 6 OF MC 47 PG 73
8 6. T. 8. 10. 11. 12. 13. 14

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(RUBES R/WOIN VARIES) OFNMUS RI6NwAY O®�
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EXUM FAMILY LLC 8
EXUM FAMILY 485 LLC
P O BOX 1987
WILMINGTON. NC 28402
[phone]
OWNERS
INVESTMENTS
DUEE COMMERCIAL
IVESTMENTG LLC.
WINVESTRD COMMERCIAL
OM ERCIAL
UP LLC
WATE INVESTMENTS
COMM ERCIAL
INVESTMENTS LLC
60 GREGORY ROAD
BELVILLE. NC 28451
[phone]
,ii � CAPE FEAR
NV Engineering, Inc.
WAATTERFFO LLD BUSINESS•CENTER
m
REVISION TO LOTS
3.4. 5. 6 OF MC 47 PG 73
& 6,7, 8. 10. 11. 12, 13, 14

Pusey, Steven
From: Pusey, Steven
Sent: Friday, December 11, 2020 10:50 AM
To: bertexum@aol com; Michael House; Matt Haley ([e-mail])
Subject: Permit SW8 010706 Waterford Commercial Ph 2 & 3 / Request for Additional
Information #2
Attachments: 2020 12 CEI_BIMS 010706.pdf, 2020 12 sched_comp 010706.docx
Dear Mr. Exum:
Concerning the previous request for additional information on subject project, I am confirming the following:
1. Confirmed that the HOA owns common area with pond per online GIS and copy of deed.
2. Don't need deed book / page.
3. All offsite lots are referenced under this master permit. Individual offsite lots are responsible to get a
permit before constructing impervious area.
4. On application page 6, we are checking the box for "yes' that the HOA is willing to be responsible for
any and all maintenance issues regarding the stormwater system.
We will continue with processing of the permit transfer based upon receiving a "plan of action" to address the
maintenance issues listed on the attached "Compliance Inspection Report." Please note that the plan of
action should include the attached document "Attachment D: Schedule of Compliance." The requestor needs
to insert a date for compliance and sign in the appropriate space on the form.
Regards,
'P«o.�
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive, Wilmington, NC 28405
Office: [phone]
Direct: [phone]
Email:, [e-mail]
QM
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Pusey, Steven
From:
Pusey, Steven
Sent:
Tuesday, November 24, 2020 1:43 PM
To:
Michael House
Subject:
FW: Permit SW8 010706 / Waterford Commercial Phase 2 & 3 / Additional Information
Requested
FYI,
Steve
From: Pusey, Steven
Sent: Tuesday, November 24, 2020 1:23 PM
To: Matt Haley ([e-mail]) <[e-mail]>
Subject: FW: Permit SW8 010706 / Waterford Commercial Phase 2 & 3 / Additional Information Requested
Matt,
FYI. Here is my response to the Waterford project. I think all they wanted to do is transfer the permit,
right?' No modification?
Thanks,
Steve
�. P-4-4 7
Steven G.Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive, Wilmington, NC 28405
Office: (910) 796-721 S
Direct: [phone]
Email: [e-mail]
Q>
Email correspondence to and from this address is subject to the
North Carolina Public Records Low and may be disclosed to third parties.
From: Pusey, Steven
Sent: Friday, November 20, 2020 5:34 PM
To: [e-mail]
Subject: Permit SW8 010706 / Waterford Commercial Phase 2 & 3 / Additional Information Requested

Dear Mr. Exum:
I have the following questions regarding your request to transfer the permit. Please reference the list below:
1. Please provide a copy of the deed showing that the HOA owns all common areas.
2. Please provide the map book/page referenced in the deed so we can easily see what land the deed
covers.
3. Do you know of any offsite lots that have been built without a permit?
4. Please check the box on the proposed permittee certification if the HOA is willing to be responsible for
maintenance issues regarding the stormwater system. There are some minor maintenance items such
as bare areas that need to be seeded, and some erosion that needs repair / seeding.
Thanks for your attention to this matter. With all information received, we expect to be able to issue a
transfer of the permit.
Regards,
Steven G.Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive, Wilmington, NC 28405
Office: [phone]
Direct: [phone]
Email: [e-mail]
-Q5
Email correspondence to and from this address is subject to the
North Carolina Public Records Cow and may be disclosed to third parties.

Pusey, Steven
From: Pusey, Steven
Sent: Friday, November 20, 2020 5:34 PM
To: [e-mail]
Subject: Permit SW8 010706 / Waterford Commercial Phase 2 & 3 / Additional Information
Requested
Dear Mr. Exum:
I have the following questions regarding your request to transfer the permit. Please reference the list below:
Please provide a copy of the deed showing that the HOA owns all common areas.
Please provide the map book/page referenced in the deed so we can easily see what land the deed
covers.
Do you know of any offsite lots that have been built without a permit?
Please check the box on the proposed permittee certification if the HOA is willing to be responsible for
maintenance issues regarding the stormwater system. There are some minor maintenance items such
as bare areas that need to be seeded, and some erosion that needs repair / seeding.
Thanks for your attention to this matter. With all information received, we expect to be able to issue a
transfer of the permit.
Regards,
C- P-J-7
Steven G.Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
127 Cardinal Drive, Wilmington, NC 28405
Office: [phone]
Direct: [phone]
Email: [e-mail]
G'D E
Email correspondence to and from this address is subject to the
North Carolina Public Records Caw and may be disclosed to third parties.

Burd, Tina J
From:
Burd, Tina J
Sent:
Friday, August 28, 2020 9:19 AM
To:
[e-mail]
Subject:
SW8 010706 - Waterford Commercial Phase II & III
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on August 24, 2020. The project has
been assigned to Steven Pusey and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Transfer Application Completeness Review Checklist - Short Version
Project Name: OIZEfoLt) Co tekPz 2GAL. �rtA 561L�- ram. Date Delivered to Wl RO: f3/Z4 /Zo20
Permit#: �S yJq of p7010 RIMS Received/Accepted Date ZcZA
Project County/Location: BCaJAS.Jr ctL/LEr_a YZ� BI MS Acknowledged Date':
Permit Expriation Date: (Z120 2 ( If w/in 6 mo, stop - needs renewal UNLESS only
Proposed Permittee Type & Documents Needed: new permittee is submitting
Property Owner(s) Purchaser
Lessee
El HOA Developer
Viable? Viable?
❑Viable?
Viable? Viable?
Deed El Purchase Agmt
OLease
Election Minutes
Not Subdivided: Deed
�50%Sold List (only if HOA doesn't sign)
Subdivision: Common Area Deed
Common Area Deed in HOA's Name
Deed Restrictions Recorded
Current Permittee Signed Application?
(�Y ? N
�PE Certification
If not, Dissolved/No Longer Owns
y / N
�BUA/Lot Summary
Property/ Not Living
0&M (If HOA Signed Application)
Proposed Permittee Signed Application?
19N
Paperwork
�
Application
Fee'
�S505 (within Scrip) Check#(s): 5 0 3S
EDDeed Restrictions, if subdivided:
F-1PE Certification
Project Narrative
Easements, Recorded (2017 Rules)
FT&M on File (unless new one from HOA)
Electronic Copies
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: c5 TE O—� kaL X Q T` , S- 3/3 D/
GWQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_20200131 �EhSt �e-'^'t` y�.`` �- �ri �f^k
QXPIre—s k2l,q (zov .

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Blrwk Cmuch, Kai r, Beh. & Sa}nl. LLP
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THIRD AMENDMENT
TO DECLARATION OF COVENANTS, CONDIDITONS AND RESTRICTIONS
FOR WATERFORD BUSINESS CENTER
FORMALLY KNOWN AS
MAGNOLIA BUSINESS PARK
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
"PHIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MAGNOLIA BUSINESS PARK (this "Amendment to Declaration") is made this
,19/h day of January 2008 by DLBE Commercial Investments, LLC, a North Carolina limited liability
company, (the -Declarant"): L-W Investment Group, LI.C, a North Carolina limited liability company:
and Exam Family, LLC, a North Carolina Itrmted Inability company, all of whom have a mailing address
of 60 Gregory Road, Belvdle. NC 28451.
RECITALS
WHEREAS, maps of subdivision of certain land located in Brunswick County, North Carolina
were recorded on October 22, 2002 in Map Book 27 at Page 220 (Section I), and March 10. 2004 in
Map Book 29 at Page 468 (Section 2) in the office of the Register of Deeds for Brunswick County,
creating "btagnolna Business Park" (the "Business Park") and a certain Declaration of Covenants,
Conditions and Restrictions of Magnolia Business Park was recorded on October 4, 2001 in Book 1507
at Page 22 of the Brunswick County Registry which place certain restrictions, created certain rights and
imposed certain obligations on the Lots in the Business Park: and,
WHEREAS, said Declaration allows for amendments under Article IX of said Declaration
provided that the amendment is signed by owners holding at least sixty-seven (67%) percent of the then
outstanding votes in the Magnolia Business Park Owners Association: and,
AUG 2 4 2023 '
BY:

P0031ir..� �°omm
SrunsWck County, W Register of Deeds page 2 of 17
WHEREAS, the Declarant amended the Declaration with the First Amendment which was
recorded on May 19, 2004 in Book 1946 at Page 1133 of the Brunswick County Registry: and.
WHEREAS, Stability, LLC, the original Declarant, transferred all of its rights and obligations
as Declarant to Waterford Commercial Investments, LLC under that certain General Assignment of
Permits. Development Rights and other documents dated and recorded May 27, 2004 in Book 1951 at
Page 554 of the Brunswick County Registry, and,
WHEREAS, Waterford Commercial Investments, LLC thereafter changed its name to DLBE
Commercial Investments, LLC upon filing Articles of Amendment for Name Change with the North
Carolina Secretary of State on July 2, 2004, and,
WHEREAS, the Declarant, which at the time held not less than sixty-seven percent (67%) of the
outstanding votes in the Magnolia Business Park Owners Association, amended the Declaration with the
Second Amendment which was recorded on April 21. 2006 in Book 2375 Page 1412 of the Brunswick
County Registry, and,
WHEREAS, the Second Amendment under Article VIL, Section 2 allows for the Declarant to
add additional land to the Business Park so long m the land is contiguous to the Business Park and
occurs within three (3) years of the Second Amendment. and further to recombine or subdivide the
existing Lots in said Business Park, and,
WIIEREAS, thereafter. the Declarant, which at that time held not less than sixty-seven percent
(67%) of the votes in the Magnolia Business Park Owners Association. caused to be recorded a
subdivision plat in Map Book 36 Page 189 of the Brunswick County Registry, which further subdivided
certain Lots in the Business Park: and
WHEREAS, the Declarant conveyed two certain tracts described by metes and bounds but
comprising all of Lots 7 and 10 shown on the map recorded in Map Book 36 Page 189 to Exum Family,
LLC by deed recorded in Book 2484 Page 297 of the Brunswick County Registry, and,
WHEREAS, said Exum Family, LLC also is also the owner of two tracts of land that are
contiguous to the Business Park as described in the deed to Exum Family. LLC recorded in Book 2526
Page 1299 of the Brunswick County Registry, and as further identified as Lots I I and 12 in that map
recorded in Map Book 35 Page 226 of the Brunswick County Registry:
WHEREAS, the Declarant conveyed Lot 8 of the Business Park as shown upon the map
recorded in Map Book 36 Page 189 to L-W Investment Group. LLC by deed recorded in Book 2350
Page 1387 of the Brunswick County Registry, and,
WHEREAS, the Declarant, desires to further amend the Declaration, to add additional
contiguous land to the Business Park, to further subdivide existing Lots in the Business Park, to define
the specific rights and responsibilities appurtenant to and binding upon such subdivided lots. to create
easements for access and enjoyment for owners of all Lots in the Business Park, and to change the name
of the Business Park to "WATERFORD BUSINESS CENI ER'-: and.
WHEREAS. Exum Family. LLC concurs with the terms of the Declaration and this
Amendment, and agrees to be bound thereby, and further desires to subject that property described in

III I IIIIII I IIII II IIII III III III I III RRobert J. Robinson aageoo
Brunsgaok County, NC Register of Deeds page 3 of 17
the deed recorded in Book 2526 Page 1299 and in Book 2484 Page 297 of the Brunswick County
Registry, referenced above to the terms hereof, and for that purpose, for itself and its successors and
assigns, join in this Amendment to subject all of its Lots identified herein above to the Declaration as
Amended and to this Amendment; and
WHEREAS, the L-W Investment Group, LLC concurs with the terns of this amendment and
agrees to be bound thereby, and for that purpose, for itself and its successors and assigns, join in this
Amendment to subject its Lot to the terms of this Amendment; and
WHEREAS, the Declarant, Exam Family, LLC and L-W Investment Group, LLC which
together currently hold not less than sixty-seven percent (67"/6) of the outstanding votes in the
Association desire to Amend the Declaration as set forth herein as evidenced by their execution of this
document below.
NOW, RIEREFORE, the Declarant pursuant to the authority and powers granted under Article
IX of the Declaration and under Article VII, Section 2 of the Second Amendment does hereby further
amend the Declaration of Covenants, Conditions and Restrictions of Magnolia Business Park as set
forth herein, and Exam Famdv, LLC and L-W Investment Group, LLC. for themselves and their
successors and assigns, do subject their respective properties identified herein above, to the Declaration.
as Amended heretofore and as further Amended hereby, with the intent that their properties shall be
held, sold and conveyed subject to the easements, restrictions, covenants, rights, responsibilities and
obligations applicable to all Lots in the Business Park, and thereunto to bind any parties having any
right, title or interest in the said properties, and their hens, successors and assigns, all of which shall inn
with the properties of the said real property and shall inure to the benefit of any and all owners of Lots
in the Business Park
A. The name of the Business Park, Including references to all previously recorded plats for Magnolia
Business Park, and all subsequently recorded plats of the properties, shall be and Is hereby
changed to WATERFORD BUSINESS CENTER. References herein to "Business Park" shall
mean Magnolia Business Park which shall hereafter be known as WATERFORD BUSINESS
CENTER.
B. The applicable Sections of Article I of the Declaration. as amended, shall be further amended,
modified and supplemented as follows.
ARTICLE 1
DEFINITIONS
Section 1. "Association" shall mean and refer to WATERFORD 1USINESS CENTER
OWNERS' ASSOCIATION. INC.. a North Carolina non-profit corporation, which is the
successor by name change to Magnolia Business Park Owners' Association. Inc
Section 3. "Cornmon Area" shall mean all real 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 the Declaration, as amended, including but not limited
to those private streets, roads or alleys, easement areas upon lots which are for the common use
and enjoyment of the Owners, the retention/detention pond referred to in the Declaration, and
shown on the plats of subdivision recorded in Map Book 46 Page 15 and Map Book 47 Page 73

IIIIIIInllllllIIIIIIIIIIIIIIIIIII III B b1errtt J Rob raum aaaeoo
Brursilck County, NC Register of Oeeds page 4 of 17
of the Brunswick County Registry, and any other areas now or subsequently identified as
"Common Areas", "Common Elements' or similar designation on any recorded map or plat of
subdivision for Magnolia Business Park, or Waterford Business Center. Without limiting the
generality of the foregoing. "Common Area" shall specifically include all roads, drives and
driveways, access easements, medians and landscaped areas, curbs and gutters, utility
casements, sanitary sewer and stormwater easements or systems which are shown upon the
maps entitled "Waterford Business Center, Lots 7, 9-18", recorded on December 4, 2007 in
Map Book 46 Page 15 of the Brunswick County Registry and "Waterford Business Center,
(formerly Magnolia Business Center), Lots 3. 4, 5, 6, Revision to Plat Recorded in M.0 47. Pg
12". recorded on January 24, 2008 in Map Book 47 Page 73 of the Brunswick County Registry .
Section 6. "Lot" shall mean or refer to anv numbered or lettered plot of land shown upon
any recorded subdivision trap of properties including any further subdivision of those lots and
anv additional lots added to the subdivision as permitted herein with the exception of common
areas, streets and roads. At the time of this Amendment to the Declaration the lots shall consist
of Lots 1,23 and 4 as said Lot 1 is shown on map of Section I of Magnolia Business Park,
which is recorded in Map Cabinet 27 at Page 220 of the Brunswick County Registry and as Lot
2 as shown on map of Section 2 of Magnolia Business Park, which is recorded in Map Cabinet
29 at Page 468 of the Brunswick County Registry, and further shall consist of Lots 4 and 5
Wolflrap Subdivision as shown upon the map recorded in Map Cabinet 19 at Pave 481 of the
Brunswick County Registry, and further shall consist of Lot 8, as shown on the map recorded in
Map Book 33 Page 325 of the Brunswick County Registry, and further shall consist of Lots 7,
9-18 as shown on the subdivision map for Waterford Business Center recorded in Map Book 46
at Page 15 of the Brunswick County Registry, and Lots 3, 4, 5, 6 as shown on the map of
subdivision of lots in Waterford Business Center recorded in Map Book 47 Page 73 of the
Brunswick County Registry. Lot 7, is designated on the Maps recorded in Map Book 46 Page
15 and in Map Book 47 Page 73 of the Brunswick County Registry is designated for use as a
retention pond for stormwater runoff shall be part of the Common Area as defined in these
Covenants
Section It. "Architectural Committee" means the standing committee of the Association as
specified in Article VI of the Declaration, to approve the design, construction, operation, use,
appearance and such other requirements as set forth herein, of all Buildings, Strictures,
landscaping and other improvements erected or to be erected, from time to time, on any portion
of Property (together with all alterations, modifications, additions, deletions thereto).
Section 12. "Assessments" shall mean and refer collectively to all assessments of any kind
or nature provided for in this Declaration (including, without limitation, General. Annual,
Special and Specific Assessments).
Section 13. 'Board" shall mean the duly elected and constituted Executive Board of the
Association.
Section 14. 'Bylaws" shall mean the Bylaws of the Association, as amended from nine to
time.
Section 15. Special Assessment shall have the meaning ascribed to such term in Article V
(Il) Section 3 of this Declaration, as amended

IIIIIIIIIIIIIIIIIIIIIIIIIIIIoil IIIII 62735 P0049 °=o:3:
arwisusck County, NC Replater of Deeds papa 5 of 17
Section 16. "Specific Assessment" shall have the meaning ascribed to such term in Amcle
V (B) Section J o f this Declaration, as Amended.
Section 17. "Registry" shall mean the Office of the Register of Deeds of Brunswick
County. North Carolina.
C. All of Article 11 of the Declaration, as amended, is hereby deleted and the following Article 11
shall be inserted in place thereof
ARTICLE 11
PROPERTY RIGHT'S
Section I. OWNER'S EASEMENT'S OF ENJOYMENT. livery Owner shall have a
nght and easement of enjoyment in and to the Common Area and easements shown upon any plat of the
Business Park, whether now or hereafter recorded, which shall be appurtenant to and shall pass with the
title 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 others, and 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 terms of this Declaration and the Articles and Bylaws of
the Association Provided, however, that no dedication or transfer of any Common
Area by the Association shall be effective unless an instrument signed by (p two-thirds
(2/3) of the Members and (u) Declamnt, so long as Declarant owns any Lot in the
Business Park, agreeing to such dedication or transfer, has been recorded,
(d) the right of the Association to impose regulations for the use and enjoyment of the
Common Area and any improvements thereon, which regulations may further restrict
the use of the Common Area: and
(e) the right of the Association in accordance with its Articles and Bylaws, to borrow
money for the purpose of maintenance and/or improving the Common Area and
Facilities thereon.
Section 2. Private Roads. In the development of the Property, the Declarant may construct
certain private streets, roads and accessways within the Business Park connecting Lots to public rights -of -
way The Owners shall have no more than a non-exclusive easement Ibr ingress and egress over and
across such private streets for themselves, their tenants. clients, customers, agents, employees.
representatives, invitees and assigns, and there shall be no public rights of any kind therein except as may
be dedicated by the Declarant Declarant reserves unto itself its successors and assigns, all easements and
nglns of way over the private streets, roads and accessways and Common Areas for ingress, egress.
utilities for access to and development of Lots, or any other property, whether located within the Business
Park or outside of the Business Park.

III Jill III B2735 P00410,_3�aaa9
0 19 36 000
Robert i. Robinson
arunswck County, NC R.Rlster of D.eds Oepe a of 17
Section 3. Reserved Rights. Declarant reserves unto itself, its successor and assigns
the following rights:
(a) the right to complete improvements indicated on its plats and plans:
(b) the right to exercise any development rights:
(c) the right to use easements through the common elements liir the purpose of making
improvements within the Properties or within real estate which maybe added to the Property;
(d) the right, during the period of development, to abandon easements, realign or relocate
easements, and create easements. over and across any Lot in the Business Park, provided
however, the right reserved hereby shall not be used or applied in such a way to materially
impair any Owner's reasonable rights of use and enjoyment of that Owner's Lm and,
(e) the right to convey one or more perpetual, non-exclusive easements over, upon. above or below
the private streets, roads, accessways, utility easements, drainage easements, and all other
casements or Common Areas for the Business Park. to one or more persons, Associations or
entities, but only for such purpose as is specifically designated on any and all maps for the
Business Park recorded in the Register of Deeds Ibr Brunswick County,
Section 4. Changes Declarant hereby reserve the right, in its sole discretion, to
change, alter, designate or redesignate streets, roads, accessways, medians, drainage facilities and
casements, and to change, alter, designate and/or re -designate such other present and proposed Common
Areas as may, in the solejudgment of Declarant, be necessary or desirable within the Business Park and/or
any other adjoining tracts of land, except that Developer shall have no right to change, alter or redesignate
the character of the use of the Lots in the Property.
Section 5. Services. An easement is hereby granted m all police, fire protection,
ambulance and all similar persons. companies or agencies performing emergency services to enter upon
the Lots, easements and Common Areas in the performance of their duties. Also, an easement is hereby
established over all Lots, easements and Common Areas Cor the benefit of applicable governmental
agencies for the setting, removing, and reading of water meters, maintaining and replacing water, drainage
and drainage facilities, garbage collection and delivery of mail.
D. The applicable Sections of Article IV of the Declaration, as amended, shall be further amended.
modified and supplemented as follows.
ARTICLE 1N'
MEMBERSHIP AND VOTING RIGHTS
Section 1. Members. Every fee simple Owner of a Lot shall be a Member of the
Association during the period such Owner holds its fee simple interest. If fee simple title to a Lot is held by
more than one person, each such person shall be a Meniher but the voting rights with respect to such Lot
shall be exercised jointly in the manner hereinafter provided An Owner of more than one Lot is entitled to
one membership for each Lot owned Each membership is appurtenant to and may not be separated from

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III 8Y735 J. Ro r0 340000
Bru.lok Cmnty, NC Regrster of Be". page 7 of 17
the Lot upon which it is based and such membership shall be transferred automatically by conveyance of
fee simple title to that Lot No person other than a fee simple Owner of a Lot may be a Member of the
Association, and a memberstp in the Association may not be transferred except by the transfer of title to a
Lot.
Until annexation of additional properties by Declarant, further recombination or subdivision
Lots as allowed in Article V IL Section 2, the vote allocations for each Lot shall be as follows:
LOT_
VO 1'I7S
1
3
2
3
3
2
3
5
1
6
3
7
COMMON AREA
8
2
g
3
10
2
11
3
12
1
13
1
IJ
2
15
3
16
2
17
1
18
1
'Total Votes 34
In the event Declarant exercises its rights to annex additional properties into the Business Park,
or existing Lots are recombined or further subdivided pursuant to Article VII Section 2, the tollowing
formula shall dictate the reallocation of votes and assessment liabilities: the smallest lot (measured by
square footage) within the Association shall be assigned one vote. All other lots shall be assigned a
vote as follows, any lot whose square footage is less than 150%of the smallest lot shall be assigned I
vote, any lot whose square footage is more than 150% of the smallest lot and less than 250% of said lot
shall be assigned 2 votes and all other lots whose square footage is note than 250% of the smallest Iol
shall have 3 votes.
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 lot
E. All of Article V of the Declaration. as amended. is hereby deleted and the following
Article shall be inserted in place thereof.

IIIIIII IIIIIII IIII II IIII III I I III II III B??35 PJ. 0043 Robinson
.34000
Brunwlck County, NC Register of U.tis page a of 19
ARTICLE. V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
A. Common Areas.
Section 1. The Common Areas Subject to the rights of Owners and Declarant as set
forth in this Declaration, the Association has exclusive management and control of the Common Areas
and all irrpmvenenis thenem and all personal property relating thereto
(a) The Associations duns with respect to such Common Ares include, but are not limited to, the
following(a) the msnlemence of the Common Areas: (b) the management operation. maintenance repair, servicing.
replacement and renewal of all landscaping, improvements, equipment and personal property constituting part of the
Common Areas or located upon the Comnnn Ards so as to keep all of the foregoing in good. cleai, attractive.
sanitary, safe and serviceable candihon, order and repair; (c) all landscaping of the Common Arras: (d) the
maintenance of adequate public liability. properly casualty and harard insurance for the benefit ol'the Association
with respect to the Common Areas: (e) the payment of all taxes and assessments validly levied, assessed or imposed
with respect to Common Areas: and. (p the management, operation. a>amtettau( e, repair. Servicing, replacing and
renewal of all Roads and all improvements thereon: provided however, that following the mr nocable acceptance of
the Roads for maintenance as public rights of way by the applicable governmental entities. the maintenance
obligations of the Association for the Roads shall only be the extent such activities are not peribrined by the
applicable governmental entities. The Association may also provide other services, such as, but not limited to.
security services as the Association deems appropriate.
(b) In the event that the need for maintenance upon or replacement of the Common Areas
is caused (i) by construction activities on a Lot by an Owner or its agents or contractors, or (it) by the
willful or negligent acts of any Owner or its agents or contractors, then the cost of such maintenance,
replacement or repairs shall he home exclusively by such Owner, shall be added to and become a part of
the assessments to the Lot or Lots of such Owner. and shall constitute a Specific Assessment.
(c) To stare continuity and to protect property values. Declarant may in the exercise of its discretion
require that all landscaping be done and performed by the saute entity on all Common Areas ad all Lots within the
property. In the even the landscaping is to bo performed by one entity, the charges therefore shall be reasonably
allocated to the Lots by the Association and collected by the Association.
Section 2. $emcees. 'Dire Association may obtain and pay for the services of any person to
manage its a(lairs to the extent the Board dams advisable, as well as such other personnel as are fimushed or
employed directly by the Association or by any person with whom it contracts. Without limitation die Board may
obtain and pay for legal and accounting services necessary or desirable in connection with the Common n Areas or its
duties ad rights under this Declamtton the Articles, the Bylaws aid/or the Rules and Regulations (as defused In
Section 5 04 herem ); provided, howevr. the Declarant shall bear all costs to establish this Declaration and
related documents required to establish the Association.
Section 3. Properly Owned by Association. the Association may acquire. hold.
and dispose of real property and tangible and intangible personal properly, subject to such restrictions as
from time to time nay be contained in the Articles and Bylaws. The Declarant agrees to convey to the
Association (by easement or in fee simple) the then -established Common Areas within three (3) months

IIII I I IIIIIIIIIII II IIII IIIII IIII III B2b135 PUUR1pinitnsoo as oa
arunsaack Ce ty, NC Register of bands pays 9 of 17
following the conveyance by Declarant of all Lots in the subdivision, provided, however, the Declarant
shall be entitled, in the Declarant's sole discretion, to convey all or any portion of the Common Areas to
the Association prior to the deadline provided above. The Association shall accept title to such Common
Areas subject to all easements, encumbrances and restrictions of record All costs, if any, associated with
such transfer or assignment shall be home by the Declarant
Section 4. Rules and Regulations. The Association, tivough its Board, from time
to nine, may adopt, alter, amend, rescind, and enforce reasonable rules and regulations governing building
and maintenance standards for and the use, enjoyment and operation of the Property (including, without
limitation, all Lots, the Common Areas, Parking Areas, and any combination thereof) (the 'Rules and
Regulations"). The Rules and Regulations shall be consistent with the rights and duties established by this
Declaration (although same may further restrict the use of the Common Areas). The Rules and
Regulations shall be binding upon the Owners, and the Association shall have the right to establish
penalties and fines for any infractions of this Declaration, the Articles, the Bylaws and the Rules and
Regulations (including, without limitation. monetary fines and other sanctions for violation of the rules
which may be collected by a hen and foreclosure as a Specific Assessment). the validity of the
Association's Rules and Regulations, and then enforcement, shall be detemmrieel by a standard of
reasonableness for the purpose of protecting the value and desirability of the Property as a first class
project.
Section 5. Implied Rights The A s s o c i a t i o n may exercise any other right,
power or privilege given to it expressly by this Declaration or Bylaws, and every other right, power, or
privilege reasonably to be implied from the existence of any right, power, or privilege so granted or
reasonably to effectuate the exercise of any right, power, or privilege so granted. The Association shall
have the power to do any and all lawful things which racy be authorized. required, or permitted to be done
by the Association on under and by virtue of this Declaration and to do and perform any and all acts
which may be necessary or proper for or incidental to the exercise of any of the express powers of the
Association for the safety and/or general welfare of the Owners Without in any way lunitmg the
generality of the foregoing, after five (5) days' written notice with a specified time stated to adhere to the
provisions set forth herein, the Association shall have the power and authority at any time and from time
to time, without lability to any Owner, to enter onto any Lot for the purpose of enforcing any and all of
the provisions called for herein, or for the purpose of maintaining and repairing any such Lot if. for any
reason whatsoever, the Owner thereof fails to maintain or repair such Lot as regmred. The Association
shall also have the power and authority from time to time, in its own name, on its own behalf or on behalf of
any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain or
enjoin a breach or threatened breach of this Declaration. the Articles and Bylaws of the Association and to
enforce, by mandatory injunction or otherwise, the provisions of (lie Declaration, the Articles and Bylaws
of the Association.
Section 6. Conveyance and Acceptance of Permits. The Declarant shall assign and
transfer to the Association all applicable regulatory permits including stormwater retention and all
modifications thereto, including all duties and responsibilities thereunder. IItie Association by and through
the Members shall be obligated to accept transfer of the permit and such rights, duties and obligations
B. Assessments.
Section 1. Assessments Established.
(a) General Annual Assessments as provided in Section 3 of this Article.
(b) Special Assessments provided in Section 3 of this Article

IIIIIIIilllll�lllIIIIIIIIIIIIIIII III Robar! SWR bi sen pmam arwts�ack CounlY, NC Ro91sler of O.atls pa9� . of I'!
(c) Specific Assessments as provided in Section 4 of this Article.
All of the foregoing (together with interest at the maximum rate allowed by law, court costs, late
charges, charges for reasonable attomeys' fees and all costs and expenses of collection) are continuing
charge on the land and are secured by a continuing hen against which such assessments are made, as
provided in Section 7 below. Each assessment (together with interest at the maximum rate allowed by law,
court costs, late charges, charges for reasonable attorneys' fees and all costs and expenses of collection) is
also the personal obligation of the person who was the Owner of such Lot when such assessment became
due and is a lien on the Lot, which lien will remain on the Lot even if title to the Lot is transferred to any
other person or entity whether or not related to the Owner, provided, however, the personal obligation for
delinquent assessments shall not pass to the Owner's successors in title unless expressly assumed by them.
Coowners of a Lot shall be jointly and severally liable for the entire amount of the assessment.
Section 2. General Annual Assessment. The General Annual Assessment shall be used
exclusively to promote the recreation, health, safety and welfare of the Owners of Lots within the Business
Park, (i) the operation, management, maintenance, repair, servicing, security, renewals, replacement and
impmvcment of the Common Arms and other responsibilities of the Association set forth in this
Declaration. (it) taxes assessed on the Common Areas; (in) insurance on and with respect to the Common
Areas (including but not necessarily limited to liability, hazard, wind, and hail insurances in such amounts
as deemed appropriate by the Board): and (iv) all other general activities and expenses of the Association.
including the enforcement of this Declaration, including but not necessarily limited to the payment of
costs and expenses relating to:
(a) The Stormwaier Pond and associated retention facilities maintenance and repair and
compliance with all terms and conditions of stormwater retention Permits
(b) Maintenance and repair of drainage and utility easements:
(c) Maintenance, cleaning, repair and replacement of any private access roads, except that
private drive easement which runs from Waterford Business Center Way to Waterford
Commercial Property and shown as "Existing 24' Central Access and Ulihty Easement' on
the map recorded in Map Book 36 Page 189 of the Brunswick County Registry;
(d) Stuart repair replacement and cleanup:
(e) Street lights and all other utilities:
(f) Street light maintenance:
(g) Common Areas general maintenance and reserve;
(h) Street and sidewalk snow removal;
(t) Liability, hazard, wind and had insurance:
0) Officers' and directors' insurance,
(k) Tax preparation.
(I) Bookkeeping and Management Agent fees;
(m) Office supplies/check printing:
(n) Property taxes on Common Areas, and,
(o) Common signs and sign easements;
The General Annual Assessment provided for herein shall commence on the date of conveyance of
each Lot to an Owner other than Declarant and shall be prorated based upon the number of calendar months,
or portion thereof; retraining in the fiscal year in which the conveyance of each I of occurs
Section 3. Special Assessments. In addition to the General Annual Assessment. the

II I II I I IIIIIII II II II III I I I I I II I I �II RY U ort 1flRRan ,son aa0000
Bf VrlaYtek County, W Register of Deeds peg. 1t of 17
Association may levy a Special Assessment for the purpose of defraying, in whole or of part. the cost of
any acquisition, construction, reconstruction, renewal, repair or replacement of a capital improvement
upon the Common Areas and for such other purposes as may be determined from tune to time by the
Board, provided such assessment first is approved by a vole of two-thirds (2/3) of the votes cast at a duly
called meeting of the Association, subject to the quorum requirements established by the Declaration and
Bylaws, and subject to the requirement that written notice of the meeting and of the proposed action is sent
to Members of the Association at least ten (10) days prior to such meeting but not more than sixty (60)
days prior to such meeting. Any such Special Assessment may be payable in one or more installments
with or without interest as the Board determines.
Notwithstanding anything to the contrary contained in this Declaration, the Board may, at any time
rn
and from time to time, levy a Special Assessment should the Board dereine that there shall be a deficit
in its receipts versus its operating expenditures for any fiscal year of the Association. T he purpose of such
Special Assessment shall be to defray any such deficit Ratification of the levy ofthis Special Assessment
shall be required by a simple majority vote of the votes cast al a duly called meeting of the Association for
the purpose of acting on such Special Assessment subject to the requirement that written notice of the
meeting and of the proposed action is sent to the Menibers of the Association at least ten 00) days prior to
such meeting, but not more than sixty (60) days prior to such meeting
Section 4. Specific Assessments. The costs and expenses associated with the operation.
management, maintenance, repair, servicing, security, renewals, replacement. landscaping, landscape
maintenance and improvements to that private drive casement which runs from Waterford Business Center
Way to Waterford Commercial Property and shown as "Existing 24' Central Access and Utility
Easement' on the map recorded in Map Book 36 Page 189 of the Brunswick County Registry shall be
assessed to, paid by, and shall be a lien upon all Lots in the Business Park except Lots I and 2 (who shall
have no responsibilities to share in those costs) (the "Specific Assessment Lots") The allocation of such
assessment responsibility shall be home equally by the Specific Assessment Lots. Such Specific
Assessment may be levied together with, or separate from, the General Assessment, as determined by the
Board.
Additionally, a Specific Assessment my be levied against any specific Lot or Lots in the event
the Owner (or Owners) of such Lot (or Lots) fails to pay such indebtedness due to the Association within
thirty (30) days after written demand therefor: (I) any and all accrued indebtedness of any Owner to the
Association arising under any provision of this Declaration, ansing by contract (express or implied), or
arising because of any act or omission of any Owner or person for whose conduct such Owner is legally
responsible or to cover the costs incurred in bnnging a Lot into compliance with this Declamtion, the
Articles, the Bylaws or the Rules and Regulations of the Association; (2) any common expense or portion
thereof benefiting fewer than all of the Lots: and/or (3) any costs incurred by the Association to bring the
relevant Lot(s) or Coniriwn Areas into compliance with the terms of these Restrictions, the Articles,
Bylaws or Rules and Regulations caused by the failure of Owner, or the Owners agents, lessecs, guests, or
invitees, to comply with such provisions (including, without limitation. any acts of negligence or
misconduct). In the event any Owner fads to perform any obligation required herein, the Association may
perform such obligation on the Owner's behalf, assess a fine for such failure to comply, and levy the cost
of such perfamiance or remedy against the Owner and the Owner's Lot(s) as a Specific Assessment
hereunder.
Section 5. Amount Due Dates. The assessment period shall be the fiscal year I he
amount of the General Annual Assessment, as deternined in accordance with a budget prepared according
to the criteria contained in Section 2, shall be fixed by the Board on or before January I of each calendar
year. Further, the Board shall likewise prepare a budget for the Specific Assessments as contained in
Section 4, and fix such assessment on or before January I of each calendar year Written notice of the
assessments shall be given each Owner The Board shall establish the due dates in its discretion. 'fhe
General Annual Assessments and the budgeted Specific Assessments shall be paid at least annually,

1111111111111111111111111111111111111 B? P0041:�� a�amm
Bruisuuk Cmoty, MC R.9ister er Oseds page 12 c, t7
although the Board may require them to he paid more often. As to each Lot (but subject to Section A
above), the amount of each assessment shall be the sum obtained by multiplying the total General Annual
Assessment amount as described above by a fraction having as its numerator a number equal to the gross
square feet of Owner's Lot and as its denominator a number equal to the total square footage of all Lots in
the subdivision.
Section 6. Commencement. The assessments provided by this Article will
commence as to each Lot on the date of the conveyance of the Lot to an Owner other than Declarant.
Section 7. Assessment Lien All sutras assessed to :my Lot (together with interest at
the maximum rate allowed by law, court costs, late charges, charges for reasonable attorneys' fees and
all costs and expenses of collection) are secured by a continuing lien on such Lot in favor of the
Association. Such lien is subject and interior to the hen of any Mortgage encumbenng such Lot: but all
other lienors acquiring liens on any Lot after the Declaration is recorded are deemed to consent that
such hens are inferior to the lien established by this Declaration whether or not such consent is set forth
in the instrument creating such hen. The recording of this Declaration constitutes constructive notice to
all subsequent purchasers and creditors, or either, of the existence of the Associations lien and its
pnonty.'Ihe Association from time to time may, but is not required to do so, record a notice of lien
against any Lot to further evidence the lien established by this Declaration
Section 8. Association Remedies. Any assessment or portion thereof not paid within ten
(10) days after its due date is deemed to be delinquent and shall bear interest at the lesser of (i) the rate
of eighteen percent (I8%) per annum or (ii) the highest rate permitted by applicable law from the date
of such default. Further, and without limiting or restricting any other remedies available, any Owner
who fads to pay any assessment after ten (10) days shall be assessed a late charge in an amount of five
percent (5%) of the assessment which is delinquent, and such amount shall be added to the assessment
owed and shall become a lien pursuant in Section 7 above. Further, the Association shall be entitled to
enforce all remedies of the Association provided herein for delinquent assessments if such
delinquency continues for thirty (30) days following written demand by the Association to cure such
delinquency. Upon an Owner's failure to pay an'v installment which installment payments are permitted,
the Association may declare the whole assessment, including late charges and interest, immediately due
and payable The Association may sue the Owner personally obligated to pay such assessment for a
money judgment and/or may foreclose its lien against the Lot. A suit to recover a money judgment for
unpaid assessments may be maintained without foreclosing. waiving. or otherwise impairing the
security of the Association's lien or its priority No Owner may waive or escape lability for the
Association's assessment by nonuse of the Common Areas or by abandonment of such Owner's Lot
Section 9. Foreclosure. The lien for sums assessed pursuant to this Article shall be
deemed a mortgage for the purposes of, and may be foreclosed by appropriate action in accordance with
.Article 29A of Chapter I of the North Carolina General Statutes, or may be foreclosed in any other
manner permitted by law In any such foreclosure, the Owner is required to pay all costs and expenses
of foreclosure, including reasonable attorneys' fees All such costs and expenses are secured by the lien
foreclosed. Such Owner also is required to pay the Association all assessments against the Lot that
become due during the penod of foreclosure, which also are secured by the Len foreclosed and will be
accounted and paid as of the date the Owner's title is divested by foreclosure. The Association has the
right and power to bid at the foreclosure or other legal sale to acquire the Lot foreclosed, or to acquire
such Lot by deed or other proceeding in lieu of foreclosure, and thereafter to hold, convey, lease, rent,
use and otherwise deal with such Lot as its owner. If any foreclosure sale results in a deficiency, the

Illllllllllnlllll11Jill 1111111111111 jj1AP0048.°
Brvssurck t ty. NC Register of Deeds page 13 of 17
Owner shall remain liable therefor. The Association may not own or otherwise acquire Lots except
pursuant to foreclosure of the Association's hen or pursuant to a deed in lieu of foreclosure of the
Association's lien.
Section 10. Subordination of Liens. The hen provided for herein in connection
with a given Lot or Lots shall be subordinate to the lien or any Mortgage that is of record as an
encumbrance against such Lot or Lots The sale or transfer of any Lot pursuant to a judicial foreclosure
or foreclosure by power of sale of a Mortgage encumbering any Lot shall extinguish any subsequent
assessment lien which has attached and become effective with regard to the Lot being so transferred,
and shall prohibit the creation of any [ten against such Lot on account of expenditures which became
due prior to the date of such sale or transfer: provided, however, that there shall bell lien on the interests
of the purchaser at such sale which shall attach, be created and become effective, and be foreclosed in
accordance with this Declaration and which shall secure all assessments becoming due after the date of
any such sale or transfer. For the purposes of this section, a sale or transfer of a Lot shall be deemed to
occur on the date of recordation of a deed or other instrument of title evidencing the conveyance of
record title to the Lot.
Section 11. Working Capital. At the time title to a Lot is conveyed to an Owner by
Declarant and in every transaction thereafter involving the sale of the ].of, each new Owner shall
contribute to the Association as working capital an amount to be designated by the Declarant (such
amount not to exceed the amount of the total General Annual Assessment due relative to such Lot
during the calendar year of such conveyance), Such funds shall be used for operating and capital
expenses of the Association such as prepaid insurance, supplies and the expenses of maintaining the
Cormnon Areas as provided herein. Amounts paid into the working capital fund are not to be considered
as an advance payment of the General Annual Assessment. All working capital funds shall become a
part of the general operating and revenue funds of the Association
Section 12. Exemption of Declarant Notwithstanding anything to the contrary
contained in this Declaration, Declarant shall be exempt from the payment of Assessments for any (i)
unsold Lot(s) owned by Declarant which are unplatted or platted of record in the Registry and (ii) any
other portions of the Property owned by Declarant.
F. Article VIL Section 2, of the Declaration, as amended, is hereby deleted and shall be replaced
with the applicable Section set forth below, and further Article VII is modified and supplemented
hereby as set forth below:
ARTICLE VD
LAND USE, ADDITIONS RECOMBINATIONS,
IMPROVENIENTS AND RESTRICTIONS
Section 2. Additions, Recombination and Subdivision of Lots. "1'he Declarant reserves
the right to recombine and subdivide any Lots which are owned by Declarant at the time of such
recombination or subdivision, and to add additional land to the Business Park so long as the land is
contiguous to the Business Park and occurs within twenty (20) years of this Amendment. No Lot(s)
shall be combined nor shall any lots be further subdivided by an Owner unless the prior written consent
of the Declarant shall be obtained. Any permuted recombination or subdivision shall meet all
applicable requirements of the 'rown of Belville and Brunswick County. In Lite event of any other
permitted recombination or subdivision, the Board of Directors of the Association, in its sole discretion
and without consent of any Members, shall reallocate the votes set out in SECTION 1, ARTICLE IV of

IIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIII �13? !k.�so. 3 °aaa
aruisulcN Covity, NC Relater of Dead. Page 11 of 17
the Declaration, as amended. Such reallocations shall be effective from the date of recording an
amendment to the Declaration setting out such reallocations.
Section 4. General Restrictions. The Lots shall be used only for those purposes as
permitted in this Declaration and in the writing ordinances of the Town of Belville and/or County of
Brunswick in Come and effect on the date of this Declaration (as the same may hereafter from time to time
be amended). The Declarant reserves the right, however, further to limit or restrict the use of a particular
Lot or Lots under the provisions noted throughout these Restrictions prior to the time such Lot or Lots are
conveyed. No use will be made of any [.of or any portion thereof or any Building or Structure thereon at
any time, nor shall any materials or products be manufactured, processed or stored thereon or therein.
which shall in the opinion of the Declarant and/or the Architectural Review Committee cause an undue fire
or health hazard to adjoining properties, detract or unreasonably hinder the visibility of adjoining
properties, or constitute a nuisance, or cause the emission of noxious odors or gases or smoke, or cause
noises or other conditions which might violate the purpose and intent of these Restrictions and
development criteria. No antenna or tower shall be erected on the Property for any purpose without prior
written approval from the Declarant. Satellite dishes will be allowed as approved by the Architectural
Review Committee in its sole discretion
G. All of Article VIII, Section 2. Stonnwater Regulations, of the Declaration, as amended, is
hereby deleted and the following Section shall be inserted in place thereof.
ARTICLE Vlll
UTILITY, DRAINAGE NN'U ACCESS EASEMENTS;
EMERGENCY EASEMENT
Section 2. Stormwater Runoff Regulations. Covenants perlaming to stormwater
are to ensure compliance with North Carolina State Management Permit Number SW8010706 as issued
by the Division of Water quality under NCAC 2H 1000 All drainage swales or drainage patients used
to treat stormwater runoff as required by the State of North Carolina may not be filled in, piped or
changed without the consent of the Successor Declarant or its designee, the Association and the State of
North Carolina Division of Water Quality The State of North Carolina is hereby made a beneficiary of
these Protective Covenants to lire extent necessary to enforce compliance with its stonnwater
management permit This section containing the stonmwater 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 stonnwater runoff system shall be a common expense and an obligation of the
Association
l he maximum allowable built -upon area per lot is as follows.
LO 1'
S_QUAREFEE"I'
1
73,050
2
62.000
3
43.305
4
26,984
5
27,083
6
58,780

11 Jill III 1111111111 82135 P0950 n. , a4 ace
o
Bruns ick County, NC Register of Deeds page IB of 17
7
42,814
8
31,382
9
104,779
10
55,962
11
62,888
12
23,787
13
22,981
14
40,106
15
54.412
16
39,941
17
22,648
18
24,284
Successor Declarant may further amend this section, at any time and in its sole discretion, to re-
allocate a portion of the maximum allowable built -upon area assigned to any Lots owned by the
Declarant. Declarant's right to re -allocate such built -upon area assignments shall terminate and expire
as to each Lot when such I.e( is conveyed by Declarant.
'Phis allotted amount includes any built -upon area constructed within the boundaries of each
such Lot, 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,
cogmna, and parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
All runoff from built -upon areas on the lot must drain into the permuted system. This may be
accomplished through providing roof dram gutters which drain into the street, grading the lot to dram
toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will
naturally drain into the system are not required to provide these measures.
H. Except as amended by this Third Amendment, and except as may be inconsistent with the terns
or spirit of this Amendment, Declarant ratifies, reaffirms and republishes the Declaration of Covenants,
Conditions and Restrictions of Magnolia Business Park previously recorded in Book 1507 at Page 22 of
the Brunswick County Registry, and the First Amendment to Declaration of Covenants and Restrictions
of Magnolia Business Park recorded in Book 1946 at Page 1133 of the Brunswick County Registry and
the Second Amendment to Declaration of Covenants and Restrictions of Magnolia Business Park
recorded in Book 2375 at Page 1412 of the Brunswick County Registry.
IN WITNESS WHEREOF, the Declarant, and L-W Investment Group, LLC and Exum Family. LLC
have caused this Declaration to by duly executed as of the date first above written.
DLBE COMMERCIAL INVESTMENTS. LLC
By- LOGAN MANAGEMEN'1'COMPANY, INC.
Manager
By.
D 1 Logan. Presid t
By
Ro en C. G. Ex . Manager

B279 PEE °�aea
firuns..ick a ty, RC Register of Dseds Rage 16 of 17
1. W INVESTMENT GROUP, LLC
By- LOGAN MANAGEMENT COMPANY. INC,
Manager
By:
D L Logan, Prek4,enjl
EXUiNI FAMILY, LLC
fsy. VatI G /) �;/=—
Robert C. G E m, Manager
State of North Carolina County of 6&Vlck
i
Z �LUQ y �a Notary Public of / County.
Carolina do certify that on th . ay of uo . , 200., before me personally appeared
Rr Sdnn+J CATI/V o ) . a A/C, Oi 94`t 0OVAE6eCW 1104-31M&VA-
Limited Liability Company
✓ personally known to me,
proved to me by satisfactory evidence:
proved to me on the oath or affirmation of who is
personally known to me,
to be the person(s) whose name(s) islare signed on the preceding or attached record, and acknowledged
[o in, that h,),heithev si2nedntardv for its state urpose.
g�FiANE 8 OTTAWAY
�� PIS ota Public
( C=dy, 11 CaCardha
My Commission expires: / —1��J6ZO

BM PE2 °s19.34000
State of North Carolina Brun ick Canty, RC Register or Deed: page n of n
County of /)amLCS(o f(f iC
a NotaryPublic of Z�A/C' (L(r County,
do certify that on [hisrML bay of 200,? , before me personally appeared
'�S/ lc"i� .ft/.4G1iUfUPkA/y /,t/!' ,r.Gi.URSEI of L=kJ
lr cS ivi0 �i! ,a .11G�^�
personally (mown to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of who is
personally (mown to me,
to be the person(s) whose name(s) is/we signed on the pr eding or attached record, and acknowledged
to me that he/she/they signed it voluntarily for its state ose.
ST—MM IE B. OTfAWAY r
Nptgry public Notary Public
dsvnck County. North C' T, l
My Commission expires:
State of North Carolina
Countyof RR// /A)tCK
it ­ a NotaryPublic of ALmis� i k//.c Comity,
do certify that on this,ff day o 2002_, before me personally appeared
T✓/.rA A.FA 1,4,<F P of
Limited Liability Company
�G personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of who is
personally known to me,
to be the person(s) whose mme(s) is/are signed on the pre ding or attached record, and acknowledged
to me that he/she/they si ed it voluntarily for its state ose.
8fE4L4m B. cP my
NDLry Pdit Notary public
htaMdt C !4, No lh Carolina
My Commission expires:

Bnmsurick County --Register of Deeds
Robert J. Robinson
Inst #326780 Book 2375PPage 14412
04/21/2006 05:38:O0P1n RecllmJ04
Prepared by: meek, Crouch, Keeler, Behm & Sayed, LLP
310 North Front Street, Suite 200
Wilmington, North Carolina 2g401
STATE OF NORTH CAROLINA
SECOND AMENDMENT TO DECLARATION
COUNTY OF NEW HANOVER OF COVENANTS AND RESTRICTIONS FOR
MAGNOLIA BUSINESS PARK
KNOW ALL MEN BY THESE PRESENTS THAT:
This Second Amendment to Declaration of Covenants and Restriction for Magnolia
Business Park (The Second Amendment) is made the -- — day of April 2006, by DLBE
Commercial Investments, LLC (hereinafter "Successor Declarant'), for the purpose of further
amending the Declaration of Covenants, Conditions and Restrictions of Magnolia Business Park
(The "Declaration") as amended by the First Amendment to Declaration of Covenants and
Restrictions for Magnolia Business Park (hereinafter "First Amendment") as hereinafter set
forth:
WITNESSETH:
WHEREAS, the Declaration of Covenants and Restrictions of Magnolia Business Park
was recorded on October 4, 2001 in Book 1507 at Page 22 of the Brunswick County Registry;
and,
WHEREAS, said Declaration allows for amendments under Article IX of said
Declaration provided that the amendment is signed by owners holding at least sixty-seven (67)
percent of the then outstanding votes in the Association; and,
$CnGr r CReueN.:. /�TFR-_ .
s�--
3�t-
AUG 2 4 2023 '1
BY:

Inst 1 326780 Book 2375Page: 1413
WHEREAS, the Declarant amended the Declaration with the First Amendment which
was recorded on May 19, 2004 in Book 1946 at Page 1133 of the Brunswick County Registry;
and,
WHEREAS, the First Amendment under Article VII, Section 2 allows for the Declarant
to add additional land to the subdivision so long as the land is continuous to the subdivision and
occurs within three (3) years of the First Amendment; and,
WHEREAS, Stability, LLC the original Declarant has transferred all of its rights and
obligations as Declarant to Waterford Commercial Investments, LLC under that certain General
Assignment of Permits, Development Rights and other documents dated and recorded May 27,
2004 in Book 1951 at Page 554 of the Brunswick County Registry; and,
WHEREAS, Waterford Commercial Investments, LLC thereafter changed its name to
DLBE Commercial Investments, LLC upon filing Articles of Amendment for Name Change
with the North Carolina Secretary of State on July 2, 2004; and,
WHEREAS, the Successor Declarant desires to amend the Declaration as amended by the
First Amendment, to add additional contiguous land to the subdivision; and,
WHEREAS, the Successor Declarant desires to re -allocate votes to such additional
properties pursuant to the Declaration and the First Amendment.
NOW, THEREFORE, the Successor Declarant pursuant to the authority and powers
granted under Article IX of the Declaration and under Article VII, Section 2 of the First
Amendment does hereby further amend the Declaration of Covenants, Conditions and
Restrictions of Magnolia Business Park as follows:
1. Article 1, Section 6, of the Declaration, as amended by the First Amendment, shall
be deleted in its entirety and in its place the following shall be inserted:
ARTICLE I
DEFINITIONS
Section 6. Lot shall mean or refer to any numbered or lettered plot of land shown
upon any recorded subdivision map of properties including any additional lots added to the
subdivision as permitted herein with the exception of common areas, streets and roads. At the
time of this Amendment to the Declaration the lots shall consist of Lots 1,2,3 and 4 as said Lot I
is shown on map of Section I of Magnolia Business Park, which is recorded in Map Cabinet 19
3

Irst If 326780 Book 2375Page: 1414
at Page 481 of the Brunswick County Registry and as Lots 2, 3 and 4 are shown on map of
Section 2 of Magnolia Business Park, which is recorded in Map Cabinet 29 at Page 468 of the
Brunswick Comfy Registry, and further shall consist of Lots 4 and 5 Wolfirap Subdivision as
shown upon the map recorded in Map Cabinet 19 at Page 481 of the Brunswick County Registry.
On the map for Section 2 Magnolia Business Park, referred to herein, there is also an
unnumbered lot designated as "Pond Area' for use as a retention pond for stonnwater runoff
which will be part of the common area as defined in these Covenants.
2. Article IV, Section 1, shall be deleted in its entirety and in its place the following
will be inserted:
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Members. Every Owner of a lot, which is subject to a lien for
assessments, shall be a Voting Member of the Association. The smallest lot within the
Association shall be assigned one vote. All other lots shall be assigned a vole as follows: any lot
whose square footage is less than 150% of the smallest lot shall be assigned 1 vote, any lot
whose square footage is more than 150% of the smallest lot and less than 250% of said lot shall
be assigned 2 votes and all other lots whose square footage is more than 250% of the smallest lot
shall have 3 votes. 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.
LOT VOTES
l I
2 I
3 3
4 3
Wolftrap 4 1
Wolftrap 5 1
Total Votes 10
3

Inst ! 326780 Book 2375Page: 1415
In the event a lot recombination or resubdivision is approved as set out in SECTION 2 of
ARTICLE VII of the Declaration, votes among or between the recombined or resubdivided lot
shall be reallocated 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 case more than the vote to such lot.
added:
3. ARTICLE VII shall be re -titled as follows:
ARTICLE VII
LAND USE, ADDITIONS RECOMBINATIONS,
IMPROVEMENTS AND RESTRICTIONS
Section 2, Article VII, shall be deleted and in its place the following shall be
Section 2. Additions, Recombination and Subdivision of Lots. The Declarant
reserves the right to add additional land to the subdivision so long as the land is contiguous to the
subdivision and occurs within three (3) years of this Amendment. 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 consent of the Declarant shall be obtained. Any permitted recombination or
subdivision shall meet all applicable requirements of Brunswick County. In the event of any
other permitted recombination or resubdivision, the Board of Directors of the Association, in its
sole discretion and without consent of any Members, shall reallocate the votes set out in
SECTION 1, ARTICLE IV of the Declaration. Such reallocations shall be effective from the
date of recording an amendment to the Declaration setting out such reallocations.
4. Article VII, Section 2, Stormwater Regulations, is deleted in its entirety and in its
place the following is inserted:
ARTICLE VII
UTILITY, DRAINAGE AND ACCESS EASEMENTS; EMERGENCY EASEMENT
Section 2. Stormwater Runoff Regulations. Covenants pertaining to stormwater
are to ensure compliance with North Carolina State Management Permit Number SW8010706 as
4

Inat 1 326780 Book 2375Page: 1416
issued by the Division of Water quality under NCAC 2H.1000. All drainage swales or drainage
patterns used to treat stormwater runoff as required by the State of North Carolina may not be
filled in, piped or changed without the consent of the Successor Declarant or its designee, the
Association and the State of North Carolina Division of Water Quality. The State of North
Carolina is hereby made a beneficiary of these Protective Covenants to the extent necessary to
enforce compliance with its storinwater management permit. This section containing the
storinwater 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 stormwater runoff
system shall be a common expense and an obligation of the Association.
The maximum allowable built -upon area per lot is as follows -
LOT SQUARE FEET
73,050
2 62,000
3 196,368
4 169,270
Successor Declarant may further amend this section, at any time and in its sole discretion,
to allocate a portion of the maximum allowable built -upon area assigned to Lots 3 and 4 above to
Wolftrap Lots 4 and 5.
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.
All runoff from built -upon areas 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
street. Lots that will naturally drain into the system are not required to provide these measures.
5. Except as amended by this Second Amendment, Successor Declarant ratifies,
reaffirms and republishes the Declaration of Covenants, Conditions and Restrictions of Magnolia
Business Park previously recorded in Book 1507 at Page 22 of the Brunswick County Registry,

Imt / 326780 Book 2375Page: 1417
and the First Amendment to Declaration of Covenants and Restrictions of Magnolia Business
Park recorded in Book 1946 at Page 1133 of the Brunswick County Registry.
IN WITNESS WHEREOF, the Successor Declarant has caused this instrument to he
executed by its duly authorized Managers, the day and year first above written.
DLBE COMMERCIAL INVESTMENTS, LLC
A North Carolina Limited Liability Company
By: D 1. Logan, Ma?ra—gfi
By: Robert C. G. EAm, Manager
STATE OF NORTH CAROLINA
COUNTY OF /y[l
I,' / , a Notary P blic of � County. North
Carolina do certify that on this f'f day of 4Z 2006, before me personally
appeared D 1. LOGAN, Manager of DLBE COMMERCIAL INVESTMENTS, LLC, a North
Carolina Limited Liability Company
1Z personally known to me,
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of
personally known to me,
who
to be the persons) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it volut ly for its stated purpose.
`, r�gr�OTTqlist . 4.4 "
.Z:(W G_ Not Public
a : c>
m : ri ��.� a z:

Inst f 326780 Book 2375Page: 1418
STATE OF NORTH CAROLINA
COUNTY OF ErJ ✓
a Notary Public ofAL ytrCounty, North
Carolina do certify that on this I) day of Apa 2006, betore me personally
appeared ROBERT C. G. EXUM, Manager of DLBE COMMERCIAL INVESTMENTS,
LLC, a North Carolina Limited Liability Company
personally known to me;
proved to me by satisfactory evidence;
proved to me on the oath or affirmation of
personally known to me,
who is
to be the person(s) whose name(s) is/are signed on the preceding or attached record, and
acknowledged to me that he/she/they signed it voluntarily for its stated purpose.
Nota P 1 c
(Seal) I PERRY�f,
My Commission expires:.
i
5f �,pUHL1Gf U'
�9ypPFR C00N�'�,,

w
Rrunsvick County --Register of Deed,
Robert 3. Robinson
�Y--w Inst #210727 Book 1946Pa,9e 1133
ia- 05/19/2004 03_ L.'52pn Recil IVe
AUG 2 4 2023
4EI
BY: TOTAL -$-
OECe CK AMT_Lj;1SD
STATE OF NORTH CAROLINA FIRST AMENDMENT TO
DECLARATION OF COVENANTS
AND RESTRICTIONS FOR
COUNTY OF BRUNSWICK MAGNOLIA BUSINESS PARR
KNOW ALL MEN BY THESE PRESENTS THAT:
THIS FIRST AMENDMENT is made the _[I, Day of May, 2004, by STABILITY, LLC,
(hereinafter "Declarant"), for the purpose of amending the Declaration of Covenants, Conditions &
Restrictions of Magnolia Business Park (hereinafter "Subdivision") as hereinafter set forth.
WITNESSETH:
WHEREAS, the Declaration of Covenants and Restrictions ofMagnolia Business Park were
recorded on October 4, 2001, in Book 1507 at Page 22 of the Brunswick County, Registry; and
WHEREAS, said Declaration allows for amendments under Article IX of said Declaration
provided that the amendment is signed by owners holding at least sixty-seven percent (67%) of the
then outstanding votes in the Association; and
WHEREAS, the Declarant still owns in excess of 67% of the voting interest in the
Association; and
WHEREAS, the Declarant is desirous of amending the Declaration to reconfigure certain
lots within the Subdivision; and
WHEREAS, the Declarant is desirous of renumbering the reconfigured lots designated
within the Subdivision.
NOW, THEREFORE, the Declarant pursuant to the authority and powers granted under
Article IX of the Declaration does hereby amend the Declaration of Covenants, Conditions &
Restrictions of Magnolia Business Park as follows:
1. Article 1, Section 6, of the Declaration shall be deleted in its entirety and in its place the
following shall be inserted:

Inst 6 210727 hook 1946Page: 1134
ARTICLE 1
DEFINITIONS
SECTION 6. "Lot shall mean and refer to any numbered or lettered plot of land shown upon
any recorded subdivision map of the Properties, including any additional lots added to the
subdivision as permitted herein with the exception of Common Area, streets and roads. At the time
of this Amendment to the Declaration the Lots shall consist of Lots I, 2, 3, and 4 as said Lot I is
shown on a map of Section l of Magnolia Business Park, which is recorded in Map Cabinet l9 at
Page 481 of the Brunswick County Registry and as Lots 2, 3, and 4 are shown on a map of Section
2 of Magnolia Business Park recorded in Map Cabinet 29 at Page 468 of the Brunswick County
Registry. On the map for Section 2 Magnolia Business Park there is also an unnumbered lot
designated as "Pond Area" for use as a retention pond for stormwater runoff which will be part of
the Common area as defined in these covenants.
2. Article IV, Section 1, shall be deleted in its entirety and in its place the following will
be inserted:
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
SECTION I. MEMBERS. Every Owner of a Lot which is subject to alien for assessments
shall be a Voting Member of the Association. The smallest lot within the Association shall be
assigned one vote. All other lots shall be assigned a vote as follows: any lot whose square footage
is less than 150% of the smallest lot shall be assigned I vote, any lot whose square footage is more
than 150% of the smallest lot and less than 250% of said lot shall be assigned 2 votes and all other
lots whose square footage is more than 250% of the smallest lot shall have 3 votes. 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.
LOT VOTES
3 3
4 3
Total Votes: 8
In the event a Lot recombination or resubdivision is approved as set out in SECTION 2 of
ARTICLE Vll of this Declaration, votes among or between the recombined or resubdivided 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 many 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 Lot.
3. Article VII shall be re -titled as follows
ARTICLE VH
LAND USE, ADDITIONS, RECOMBINATIONS,
IMPROVEMENTS AND RESTRICTIONS

Inst 4 2.10727 Book 1946Page: 1135
a.) Section 2. Article Vll, shall be deleted and in its place the following shall be added:
SECTION2. ADDITIONS RECOMBINATIONANDSUBDIVISIONOFLOTS. The
Declarant reserves the tight to add additional land to the subdivision so long as the land is
contiguous to the subdivision and occurs within three (3) years of this Amendment. 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 consent of Declarant shall be obtained. Any permitted
recombination or subdivision shall meet all applicable requirements of Brunswick County. In the
event of any other permitted recombination or resubdivision, the Board of Directors of the
Association, in its sole discretion and without consent of any Members, shall reallocate the votes set
out in SECTION 1, ARTICLE IV of this Declaration. Such reallocations shall be effective from the
date of recording an amendment to this Declaration setting out such reallocations.
4. Article VIII, Section 2, Stormwater Regulations, is deleted in its entirety and in its place
the following is inserted:
ARTICLE VIII
UTILITY, DRAINAGE AND ACCESS EASEMENTS; EMERGENCY EASEMENT
SECTION 2. STORiMWATER RUNOFF REGULATIONS. Covenants pertaining to
stormwater are to ensure compliance with North Carolina State Management Permit Number
SW8010706 as issued by the Division of Water quality under NCAC 2H.1000. All drainage swales
or drainage patterns used to treat stormwater runoff as required by the State of North Carolina may
not be filled in, piped or changed without the consent of the DEVELOPER, its designee, the
Association and the State of North Carolina Division of Water Quality The State of North Carolina
is hereby made a beneficiary of these Protective Covenants to the extent necessary to enforce
compliance with its stormwater managementpermit. This section containing the stormwater 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 stormwater runoff system shall be a common
expense and an obligation of the Association.
The maximum allowable built -upon area per lot is as follows
Lot Square Feet
73,050
62,000
196,368
169,270
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.
All runoff from built -upon areas 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 street. Lots
that will naturally drain into the system are not required to provide these measures.
5. Except as amended the Declarant ratifies, reaffirms and republishes the Declaration
of Covenants, Conditions & Restrictions of Magnolia Business Park Declaration previously recorded
in Book 1507 at Page 22 of the Brunswick Cowity Registry.

Inst A 210727 Rook 1946Page: JIM
IN WITNESS WHEREOF, the undersigned being the Declarant herein has caused this
instrument to be executed this the day and year first above written.
STABILITY LL
By. Lk
JOHN F INRICHS, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Rkt4 F • � eff , a Notary Public in and for the State and County
aforesaid, do hereby certify that JOHN F. HINRICHS, Manager, of STABILITY, LLC, personally
appeared before me this date, and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and Notarial Seal, this the //"I day of May, 2004.
Notary blic
My Commission Expires: /o-.to{08
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK RUTH E. NEFF
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public is (are) Certified to be Correct 19ch May 2004
Tha Instrument was filed for Registration on this Day of
in the Book and page shown on the First Page hereof
BEkT J. RO INSBONN7.�RRegister of Deeds h*r
4

NORTH CAROLINA Br�i k Count'- i"istel of Deeds
nnun
Insbert J. t #89987�r Book 1507Page 2r2'.�y y� _
NEW HANOVER COUNTY 10/04/2001-02:50:49Em Recl�t.�'L
- -- AUG ? 4 ?Ogp
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS �Y.`
FOR MAGNOLIA BUSINESS PARK
THIS DECLARATION, made on the date hereinafter set forth by STABILITY, LLC,
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 Property for business use, to be known 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 are for the purpose of protecting the value and desirability of, and which shall run with the
real property and be binding on all parties having any right, title or interest in the described
Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
ARTICLE I
DEFINITIONS
SECTION 1. 'Association' shall mean and refer to MAGNOLIA BUSINESS PARK
OWNERS' ASSOCIATION, INC., its successors and assigns.
SECTION 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.
SECTION 3. "Common Area" shall mean all real 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 roads, fences, any directory signage, gravity sewer
lines not maintained 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.
SECTION 5. 'Improvements" shall mean and include, but shall not be limited to,
buildings, outbuildings, roads 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 located on Lots, together with any construction work or treatment done
or applied to a Lot in connection therewith.
TOTAL - REV_ TC 56
RECp —CK AMT C1
CASH REF—aV

Inst 1 89987 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 time this Declaration is recorded, the Lots shall consist of Lots 1, 2, 3, and 4
as shown on the attached Exhibit "B" which is a preliminary plan of the subdivision.
SECTION 7. "Members' shall mean and refer collectively to the Members of the
Association.
SECTION 8. "Occupant" shall mean any person or entity who occupies, or who has the
right to occupy, all or part of any Lot which is a part of the Properties, whether such occupancy
or right of occupancy is based on ownership, tease, license or easement.
SECTION 9. "Owner" shall mean and refer to the record Owner, whether one or more
persons or entities, of a fee simple title 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.
SECTION 10. '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.
ARTICLE H
PROPERTY RIGHTS
SECTION 1. OWNER'S EASEMENTS OF ENJOYMENT. Every Owner shall have
a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title 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 roles 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
terms 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 right to select
a majority of the members of the Association's Board of directors, agreeing to such dedication or
transfer, has been recorded;
(d) the right of the Association to impose regulations for the use and enjoyment of the
Common Area and any improvements thereon, which regulations may further restrict the use of
the Common Area; and
(e) the right of the Association, in accordance with its Articles and Bylaws, to borrow
money for the purpose of maintaining and /or improving the Common Area and facilities thereon.
SECTION 2. EASEMENTS 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, non-exclusive 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. Declarant reserves the right to create

Imt t 89987 Book 1507Page: 24
rights of way or convey portions of the underlying fee for said Easements 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 owners as
part of the Annual Assessments and/or Capital Improvement Special Assessment prorated among
and levied against the Lots in accordance with the formula established in SECTION 5 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.
SECTION 3. DELEGATION 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.
SECTION 4. LEASES OF LOTS. Any lease 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 terms of
the lease. All leases of Lots, Buildings or any portions thereof shall be in writing. provided,
however, that as between the Association and a lot Owner, no lease agreement shall release the
Lot Owner from ultimate responsibility for payment of all assessments due against that Owner's
Lot. Other 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 the
Association, in fee 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 land 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 shall
include, but shall not be limited to:
(1) a perpetual easement over the private roads, if any, and right-of-way and easements
within the property described in Article 11, 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 date(s) of said conveyance by the Declarant shall be at the DecLvant's sole option.

Inst 1 89987 Book 1507Page: 25
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. MEMBERS. 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 Votes:
In the event a Lot recombination or resubdivision is approved as set out in SECTION 2
of ARTICLE VD of this Declaration, votes among or between the recombined or resubdivided
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 Lot.
SECTION 2. DEC ARANT'SRIGHTTOSELECTDMEC1'ORS. Notwithstanding
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 right to designate
and select a majority of the Board of Directors of the Association. Whenever Declarant shall be
entitled to designate and select any person to serve on any Board of Directors of the Association,
the manner in which such person shall be designated shall be provided in the Articles of
Incorporation 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 Declarant and
the Association where Declarant may have a pecuniary or other interest. Similarly, Declarant,
as a Member of the Association, shall not be required to disqualify itself upon any contract or
matter between the Declarant and the Association where Declarant may have a pecuniary or other
interest.
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
SECITONI. CREATION OF THE LIEN AND PERSONALOBLIGATIONOF LOT
OWNERS FOR ASSESSMENTS. The Declarant for each Lot owned within the Properties, and
each Owner of any Lot or portion thereof, by acceptance of a deed therefor, whether or not it shall
be so expressed in such deed, is deemed 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 hereinafter 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 rata share of ad
valorem taxes levied against the Common Area; and (b) a pro rata share of assessments for public

Inist 1 89987 Book 1507Page: 26
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 and
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 made. Each such
assessment, fine or late fee and charge together with interest, costs and reasonable attorney'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
delinquent assessments shall not pass to its successors in title unless expressly assumed by them.
(a) The assessments levied by the Association shall be used exclusively to promote the
health, safety and welfare of the Members of the Association, their Occupants, lessees 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 streets, if any, (as required in SECTION 2 of ARTICLE II of this
Declaration), stormwater runoff 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 charges for street lights located 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
expense 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
increments 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 shall not be required to account to such
Member for any share of the fund or assets of the Association, or which may have been paid to
the Association by such Member, as all monies 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 ASSESSMENTS FOR LOT OWNERS. The Association shall
levy, in each calendar year, Annual Assessments for the purpose of maintaining and operating all
portions of the Common Area including utility cost, fixtures and personal property related thereto.
Such Annual Assessments shall be levied only against the Lots and Lot Owners thereof. Until
December 31 of the year of the conveyance of the first Lot to an Owner, the Annual Assessment
shall be $500.00 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 2/3 of the lot owners.
SECTION4. CAPITAL IMPROVEMENT SPECIAL ASSESSMENTS. Inaddition to
the annual assessments authorized above, the Association may levy, in any calendar year, a special
assessment for the purpose of defraying in whole or in part the costs of any construction,

Inst { 89987 Book 1507Page: 27
reconstruction, repair or replacement of a capital improvement upon the 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 in SECTION 5 below.
Written notice of any meeting called for the purpose of taking any action authorized under
this SECTION 4 shall be sent 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 ('/r) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more that
sixty (60) days following the preceding meeting.
SECTIONS, RATE OF ASSESSMENTS. The Annual Assessments and Capital
Improvement Special Assessments shall be levied against the Lots 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.
SECTION6. DATE AND C MMENCEMENTOFANNUALASSE-CSMENTS: DUE
DATES. The Annual Assessments provided for herein shall be collected on an annual basis, or
other periodic basis established by the Board, and shall commence: (i) as to each Lot, on the date
the Declarant conveys the Common Area to the Association. The first annual assessments shall
be adjusted accordingly to the number of months remaining in the calendar year. At least thirty
(30) days in advance of each annual assessment period, the Board 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, furnish
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:
RFMFDIES OF THE ASSOCIATION. Any assessment, including late fees, if not paid within
thirty (30) days after the due date shall bear 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 the Owner personally obligated to pay the same or foreclose the lien
created herein against the property in 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, costs and reasonable attorney's fees for representation of the
Association in such action of foreclosures shall 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.
SECTION 8. EFFECT OF DEFAULT IN PAYMENT OF AD VALOREM TARES
OR ASSESSMENTS FOR PUBLIC IMPROVEMENTS BY ASSOCIATION 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 portion of such unpaid taxes
or 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

Innt 6 89967 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.
SECTION 9. SUBORDINATION OF THE 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 assessment 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 lien 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 assessments
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
ARCHITECTURAL CONTROL
SECTION 1. ARCHITECTURAL 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 Board of Directors of the Association,
shall exercise such additional rights of architectural control as set out in this Declaration.
Thereafter, such architectural 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.
SECTION 2. PURPOSE. Declarant, or the ACC, as the ease 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 thereon 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, erected, maintained, 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 improvements or plans, all such plans and
specifications for any improvements shall be submitted to the Declarant or ACC in writing, in
accordance with the procedures recorded in the Restrictions. In the event the Declarant or the
ACC fails to approve, modify or disapprove in writing an application within thirty (30) days after
the plans and specifications have been submitted to it, approval will not be required 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 5. DESIGN GUIDELINES. Declarant, or the ACC, as the case 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 Guidelines contained in this Declaration, the restrictions
set out in ARTICLE VII of this Declaration, or the additional design guidelines established by
Declarant or by the ACC, as the case may be.

Imt # 89987 book 1507Page: 29
ARTICLE VII
USE AND IMPROVEMENTS; RESTRICTIONS
SECTION 1. LAND USE AND BUILDING 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.
SECTION 2. RECOMBINATION AND SUBDIVISION OF LOTS. 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 consent of Declarant shall be obtained. Any permitted
recombination or subdivision shall meet all applicable requirements of Brunswick County. In the
event of any other permitted recombination or resubdivision, the Board of Directors of the
Association, in its sole discretion and without consent of any Members, shall reallocate the votes
set out in SECTION 1, ARTICLE IV of this Declaration. Such reallocations shall be effective
from the date of recording an amendment to this Declaration setting out such reallocations.
(a) Maintenance. Each Owner and Occupant shall be responsible for keeping its Lot
(whether or not improved), Buildings and other Improvements in a safe, clean, neat and orderly
condition and shall prevent rubbish from accumulating on its Lot.
(b) Commencement and Completion. A building permit must be
obtained and construction commenced as to a Building within twelve (12) months from the date
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 assessed 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) Rmair or Removal of Improvements. Any Improvement damaged in whole or in
part by casualty, fire, windstorm or from any other cause, must 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 be, 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 filed. If such agent shall conclude that
any complaint files has merit, the alleged violator shall be promptly notified in writing and, upon
receipt of the written notice of the complaint, the alleged violator shall 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 cue may be. If the alleged violator does not begin in good faith
to cure the violation or file an appeal within the five (5) days provided, the agent may cause the
violation to be cured at the expense of the Owner or Occupant deemed to be in violation.

Irtst i 89987 Book 1507Page: 30
If the alleged 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, Declarant or the ACC, as the case may be, may cause the violation to
be cured at the expanse 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 cure 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
UTILITY, DRAINAGE AND ACCESS EASEMENTS; EMERGENCY EASEMENT
SECTION 1. UTILITY AND DRAINAGE EA NTS Easements for installation
and maintenance of utilities, drainage facilities and buffers are reserved as indicated on recorded
plats of the Properties. Within all such drainage and utility easements no structures, planting or
other material shall 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 easements, 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 VII of this Declaration, install 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 or 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 the Town of Belville, North Brunswick
Sanitary District, and/or 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 reasonably necessary for the setting, removal and reading of electric and water meters,
and the maintenance and replacement of electric, water, sewer and drainage facilities and for the
electric, water, sewer and drainage facilities and for the fighting of fires and collection of trash.
The Association shall have the power and authority to grant and establish upon, over and across
the Common Areas such additional easements as are necessary or desirable for the providing of
service or utilities to the Common Areas, Lots or Affiliate Lots.
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 cut and create drains and drainways 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 easements 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, and/or to repair and maintain the utilities and facilities located therein.
SECTION 2. STORMWATER RUNOFF REGULATIONS. Covenants pertaining to
smrmwater are to ensure compliance with North Carolina State Management Permit Number
SW8010706 as issued by the Division of Water quality under NCAC 2H.1000. All drainage
swales or drainage patterns used to treat stormwater runoff as required by the State of North
Carolina may not be filled in, piped or changed without the consent of the DEVELOPER, its
designee, the Association and the State of North Carolina Division of Water Quality. The State
of North Carolina is hereby made a beneficiary of these Protective Covenants to the extent

Inst i 89987 Book 1507Page: 31
necessary to enforce compliance with its stormwater management permit. This section containing
the stormwater 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 stormwater runoff
system shall be a common expense and an obligation of the Association.
The maximum allowable built -upon area per lot is as follows:
Lot Scuare Fee[
202, 855
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 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.
All runoff from built -upon areas 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 street.
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 Lots, the owners or occupants thereof and/or the
Common Area, the Association is hereby granted an easement on and over all 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 IX
SECTION 1. ENFORCEMENT. The Association, and any Owner or Occupant, shall
have the right to enforce, by any proceeding at law 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, codes and ordinances of any governmental authority.
SECTION 2. SEVERABILTTY. Invalidation of any one of the covenants or restrictions
by judgment or court order shall not affect any other provision which shall remain in full force
and effect.
SECTION 3. AMENDMENT. The covenants and restrictions of this Declaration shall
run with and bind the land 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 least
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 alter any obligation to pay ad valorem taxes
or assessments for public improvements, as herein provided, or affect any lien for the payment
thereof established herein. Any amendment must be properly recorded in the Brunswick County
public records, and must refer to the recording data for this Declaration.
10

Inst i 89987 Book 1507Page: 32
Notwithstanding anything in this SECTION 3 to the contrary, no consent by Members shall
be required to amend this Declaration in connection with any of the following matters:
a) the reallocation of votes among Lots occasioned by Lot recombinations and/or
resubdivisions, as set out in SECTION 1 of ARTICLE IV of this Declaration.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this
instrument to be executed, the _ day of October, 2001.
STABILITY, L1,C/J
By:
John F 'nrichs, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, ( , a Notary Public in and for the State and County
aforesaid, do hereby certify that iMri c
manager of STABHITY, LLC, personally appeared before me this date, and acknowledged the
due execution of the foregoing instrument for and on behalf of the limited liability company.
WITNESS my hand and Notarial Seal, thp the th day of October, 2001.
Y
Notary Public
My Commission Expires:y-18-a(,
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
SHARON L WADDELL
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this A th Day of October 2001
in the Book and Page shown on the First Page hereof.
SRO EFT J. RO INSON, Re&ftr1of Deeds
11

Inst i 89987 Book 1507Page: 33
SCHEDULE "A"
BEING ALL of Lot 1, WOLF TRAP, as the same is shown on map recorded in Map Cabinet
19, at Page 481 of the Brunswick County Registry, reference to which is hereby made for
a more particular description.
12

d
Tnst i 89987 Book 1507page: 34
Q7 1-100
5�
5�
THIS MAP IS NOT A CERTIFIED SUR VEY
AND HAS NOT BEEN W REVJEED BY A LOCAL
GOVERNAffNTAGFNCYFOR LAND
DEVELOPMENT REGULATIONS.
—_
sl
1

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Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
DLBE Commercial Investments, LLC
Prev Legal Name
Waterford Commercial Investments, LLC
Information
Sosld: 0724917
Status: Current -Active
Annual. Report Status: Current
Citizenship: Domestic
Date Formed: 5/7/2004
Registered Agent: Exum, Robert C G
Addresses
Principal Office Reg Office Mailing
2024 Lynnwood Drive 2024 Lynnwood Drive P. O. Box 1967
Wilmington, NC 28403 Wilmington, NC 28403 Wilmington, NC 28402-1967
Reg Mailing
PO Box 1967
Wilmington, NC 28402
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Managing Member
Robert C.G. Exum
P.O. Box 1967
Wilmington NC 28402
AUG 14 2020
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Non -Profit Corporation
Legal Name
Waterford Business Park Owners' Association, Inc.
Prev Legal Name
Magnolia Business Park Owners' Association, Inc.
Information
Sosld: 0840725
Status: Current -Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 4/17/2006
Registered Agent: Exum, Robert C.G.
Addresses
Reg Office Reg Mailing
1430 Commonwealth Dr Suite 102 1430 Commonwealth Dr Suite 102
Wilmington, NC 28403
Wilmington, NC 28403
Mailing Principal Office
6740 Netherlands Drive, Suite F 6740 Netherlands Drive, Suite F
Wilmington, NC 28405 Wilmington, NC 28405
_tV�d i ;, ;
AUG 2 4 2o2J �'J

CAPE FEAR
ENGINEERING
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
w .capefearengineering com
To:
NCDEQ
127 Cardinal Drive Ext
Wilmington, NC 28405
Attn
Steve Pusey
RECEIVED
AUG 2 4 2020
NCDEQ
Transmittal WILMINGTON RO
Date: August 20, 2020
File: 660-01 "36"
Subject: NCDEQ Stormwater
Minor Modification Submittal
Waterford Commercial Phase II & III
SW8 010706
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mall ❑ Sent via Courier
Quantity
Drawing No
Description
1
Original
$505 Check for Review Fee
1
Original
State Stormwater Permit Transfer Application
1
Copy
NCSCS Corporation Information
1
Copy
Operation & Maintenance agreements
1
Set
Deeds & Covenants
1
Copy
Table of Existing Lot Impervious Built Upon Areas
1
Copy
Engineer's Certification Document
REMARKS Please let us know if any other documents or information is needed. Thank you.
CC:
File 660-01 "36"
Cape ear Epgi Bering, Inc.
Signed: -I
Matthew Haley, P
Received By'
Date.