SW8980502_HISTORICAL FILE_20130116

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8 q 8 05 02
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
�] HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 013 O l l lv
YYYYMMDD

RWA
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 16 2013
Division of Water Quality
Charles Wakild, P E
Director
Joel Tomaselli Member/ Manager
Lumina Station II, LLC
1900 Eastwood Road, Suite 10
Wilmington NC 28403
Subject Stormwater Permit No
Lumina Station II
High Density
New Hanover County
Dear Mr Tomaselli
SW8 980502 Renewal
John E Skvarla, III
Secretary
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit
Renewal Application for Lumina Station II on December 28 2012 This site was inspected on
April 23, 2009 As noted in the enclosed inspection report the site is currently in compliance with
the terms and conditions of the current state stormwater permit The Division is hereby notifying
you that permit SW8 980502 has been renewed on January 16 2013, and shall be effective
until June 28, 2021 The plans previously approved on June 28 1999 in accordance with the
regulations set forth in Title 15A NCAC 2H 1000 effective September 1, 1995 remain in full
force and effect Please attach this cover letter and permit addendum to your High Density
Permit originally issued on June 28, 1999
This permit is subject to the conditions and limitations as specified therein Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance of the
BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the
permit and renewing the permit Failure to establish an adequate system for operation and
maintenance of the stormwater management system, to record deed restrictions, to transfer the
permit or to renew the permit, will result in future compliance problems
If any parts, requirements, or limitations contained in this permit are unacceptable you have the
right to request an adfudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH) The written petition must conform to Chapter 150E 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
If you have any questions, need additional copies of the permit or approved plans, please
contact Steve Pusey with the Division of Water Quality in the Wilmington Regional Office at
[phone]
Sin rely,
f. Charles Wakild, P E Director
Division of Water Quality
GDS/sgp S \WQS\Stormwater\Perm its& Projects\1998\980502 HD\2013 01 permit 980502
cc Jeremy Blair PE - Paramounte Engineering Inc
Wilmington Regional Office
Wilmington Regional OKce
127 Cardinal Drive Extension Wilmington North Carolina 29405
Phone [phone] \ FAX [phone] \ DENR Assistance 1b77-623-6748
Internet vnav ncwateiquality org

January 15 2013
Lumina Station II
SW8 980502
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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
Lumina Station 11 LLC
Lumina Station 11
Southerland Avenue Wilmington New Hanover County
FOR THE
construction operation and maintenance of three (3) infiltration trenches in compliance with the
provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Water Quality and considered a part of
this permit
The permit is hereby renewed subject to the following addendums clarifications, conditions and
limitations
The original permit conditions contained in the permit issued on June 28 1999
remain in full force and effect except as amended herein (An additional copy of this
original permit can be obtained from the Division of Water Quality Wilmington
Regional Office )
This permit shall be effective from the date of issuance until June 28 2021
The permittee shall submit a permit renewal application request at least 180 days
prior to the expiration date of this permit The renewal request must include the
applicable documentation and the processing fee
If the use of permeable pavement is desired this permit must be modified to add the
permeable pavement conditions

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
/-? �?�
S05 061#_5 o1
Se�,' POSo�-
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(NCDENR DWQ)
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM
This form may be photocopied for use as an original
This form is to be completed by the current permit holder pursuant to Title 15A NCAC 2H 1003 (h) (2) This states
that stormwater management permits issued for projects that require the construction of engineered stormwater
control measures (High Density Permits), shall be required to submit an application to renew the permit 180 days
pnor to expiration of the permit Renewed permits are valid for a period of 8 years per Session Law 2011 398 (SB
781) Section 60 (c)
I SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the North Carolina Department of
Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) A complete package
includes all of the items listed below The complete application package should be submitted to the
appropriate DWQ Regional Office (The appropriate office may be found by clicking on the interactive online
map at http //portal ncdenr org/web/wq/home/ro Copies of the original permit can be obtained from the Regional
Office of the Division of Water Quality )
This Renewal is for STORMWATER PERMIT # SW 8 980502
Please check which of the following permit renewal scenarios apply Initial in the spaces provided that you have
provided the required information
® A Renewal Only
- fee
-Renewal Form -Sign and complete all sections (send original & 1 copy)
-Recorded Documents Required By Permit Deed restrictions, covenants condomimum/planned
community declaration & easements (if not already submitted to NCDENR DWQ) Copies are
acceptable
Designers Certification (if required by permit and not already received by NCDENR DWQ) (See the last
page of your pernut for a copy of the certification form )
I Have a Copy of the Current Operation and Maintenance Agreement (O&M) Please Keep this on File !�
with your permit /ELT /
-1 Do Not Have a Copy of the Current O&M Initial This Line to Request a copy (If NCDENR DWQ does
not have a copy on file then you will be notified to submit a new O & M form )
❑ B Renewal and Modification
$505 Fee and Pages 1 & 2 of this Renewal Form
-SWU-101 Application Form ( http llportat ncdenr or�Izueblzvghoslsulstateswl orris does )
-Recorded Documents Required By Permit Deed restrictions covenants condominium/Planned
community declaration & easements (if not already submitted to NCDENR DWQ) Copies are
acceptable
- Under till 1 on SWU 101 Application Form — Check Box for Modification w/Renewal
-Designers Certification (if required by permit and not
page of your permit far a copy of the certification form )
O&M Agreement ( http 1/portal ncdenr orb/weblwglwslsi
28 2012
(See the last
Form SWU 102 (Renewal Form) Rev 15Aug2012 Page I of

Request a NCDENR DWQ site inspection if transferring permit to new property owner
Submit One of the Two Following Forms below (forms available at
http //portal ncdenr org/web/wq/ws/su/statesw/forms does#tab 3)
1 HOA Name/Ownership Change Form For planned communities (per Chapter 47C or
Chapter 47F of the General Statutes)
2 Name/Ownership Change Form For all other transfers
Please make sure all required information is submitted with the Name/Ownership Change form (as
stated in each of the available forms) and that all required signatures and initials are filled in properly
Otherwise the name change or transfer can not be processed and the original owner will remain as the
permit holder
❑ D Renewal, Modification, and Transfer (or Name Change) Please submit pages 1 and 2 of this
Renewal form along with all items listed in I B and C above (check this box and initial items in B
& C that you are submitting to NCDENR DWO)
II APPLICANT'S CERTIFICATION
Note The legally responsible party is the current permittee and/or the legally responsible representative until such time that the permit is
officially transferred through a request to DWQ by the permittee
I (print or type name of permittee or person legally responstble for the permit ) foel Toniaselli
certify that I have a copy of the DWQ Approved Permit and O&M Agreement on site (OR I have obtained a copy
from DWQ and it will be kept on site), that I am responsible for the performance of the maintenance procedures
and the site has been and will be, maintained according to the O & M Agreement I agree to notify DWQ of any
problems with the system and prior to any changes to the system or changes in ownership I will (or have through
this renewal application) notify NCDENR DWQ and submit the proper forms to modify or transfer the permit All
information provided on this permit renewal application is to the best of my knowledge correct and complete
Permittee Title MemberMNnaeer
Addre:
Phone
Signati
NOTA
I 7' tLl�i/� �5 a Notary public for the State of nAL["U)hS
County of do herela certify that
personally appeared before me this day of a �. 00i Z , and acknowledge the due execution of the
forgoing stormwater BMP maintenance requirements Witness my hand and official seal
My commission �
Notary Signature
ECEIVE
DEC 2 8 2012
BY-----
�OTAq�,
t9 'R/BoG
Form SWU 102 (Renewal Form) Rev 15Aug2012 Page 2 of 4

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III GENERAL INFORMATION
1 Stormwater Management Permit Number SW8 980502
2 Permit Holders name (specify the name of the corporation individual etc)
Lumina Station II, LLC
3 Print Owner/Signing Official's name and title (person legally responsible for permit)
Joel Tomaselli, Member/Manager
4 Mailing Address for person listed in item 2 above
1900 Eastwood Road, Suite 10
City Wilmington State NC Zip 28403
Phone (910 ) 256-5566 Fax (910 ) 256-9944
Email toel@luminastatron com
5 Project Name Lumina Station Il
6 Location of Project (street address)
Southerland Avenue Between Eastwood Road and Allens Lane
City Wilmington County NC Zip 28403
7 Directions to project (from nearest major intersection)
From the mteresechon of Mihtary Cutoff Road and Eastwood Road go east on Eastwood Road approximately
3,000 feet to Southerland Avenue Turn right on Southerland Avenue and go approximately 600 feet The project is
on the right (west side of Southerland Ave)
ECEIVE
DEC 2 8 2012
Form SWU 102 (Renewal Form) Rev 15Aug2012 Page 3 of 4 BY

IV PERMIT INFORMATION
1 Specify the type of stormwater treatment ❑Constructed Wetland ❑Bjoretentjon ❑Wet Detention Pond
❑Dry Detention Basin ❑Infiltration Basin ®Infiltration Trench ❑Sand Filter ❑Other
2 If any changes were made to the original DWQ approved project list them in the space below (attach additional
pages if needed and provide As Built drawings with this application) If major changes have been made to your
project please request a plan revision or modification of the permit and submit As Built drawings along with a
final or updated stormwater system engineer certification (if not already provided to NCDENR) DWQ Engineer
and Designer Certification Forms are available from each NCDENR DWQ Regional Office
No changes have been made
Form SWU 102 (Renewal Form) Rev 15Aug2012 Page 4 of 4
rD
CEIVEEC 2 8 2012
BY

PARAMOUNTE
E N G 1 N E E R I N G 1 N C
5 9 1 1 OLEANDER D R I V E, S U I T E 2 0 1
W I L M I N G T O N, NC 2 8 4 0 3
9 1 0 7 9 1 6 7 0 7( O) 9 1 0 7 9 1 6 7 6 0 ( F)
L E T T E R O F T R A N S M I T T A L
To
NCDENR
Date
12/28/12
Wilmington Regional Office
127 Cardinal Drive Extension
Re
Lumina Station II
Wilmington NC 28405
Permit #SW8 980502 Renewal
Ann
Ms Geor ette Scott
Project No
1 12145 PE
e are sendm
® Ongmals
® Prints
❑ Shop Drawings
❑ Calculations
® Correspondence
❑ Plans
❑ Speafications
® Other as listed below
he following items
Quantity
Date
Dwg No
Description
2
12/27/12
form SWU 102 (Renewal Form) — Original + 1 cop)
1
12/26/ 12
Check No 5606 for S505 fee
1
6/20/00
Recorded Declarations for Lumma Station 11 (DB 2794 at PG 867)
1
6/23/00
Designer s Certification
Issue Status ® For Approval ® As Requesti.d ❑ Comtruction ❑ Bid
❑ For Your Use ❑ For Review end Comment ❑ Approved as Noted ❑ See Remarks
enon Taken ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rclected See Remarks ❑ Approved as Submitted ❑ Other
emarks
117
L o
1
Cc Joel Tomaselh — Lumina Station II LLC Signed
Jeremy R Plaiy
PE

BOOK FACE
r 20JM20 aR3(e 2764 0667
a RECeRREDA1I11VE1DFED
STATE OF NORTH CAROL 9ry SSVEE 0011 S
INIERIFj` .AQA770N OF EASEMENTS,
COUNTY OF NEW HANOVER LENANTS, CONDITIONS AND
RES7111CIIONs FOR LUMINA STATION H
155
THIS DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND
RESTRICTIONS FOR LUMINA STATION H (ths "Decka lmon) is made as of the 204%
day of ..� • 2000 by Lumen SIWm II. I.I.C. a North Caroboa bussed liability company
C Declarant'), and is connected to by Southland Associates, Ine. (the'Trusice), a North
Carolina corporation. as Trial= under that certain Deed of Trust (the "Deed of Trust-1 as
recorded in Book 2545 at Page 0217 of the New Hanover County Public Registry and by Central
Cambia Bank Jr Trust Company a North Carolina banking association (the "BerneBcuny'), as
Beneficiary and owner and holder of the Deed of Trust
Declarant is the owner of fec sunple title to the "Properly" (as defined below) Declarant
has developed the PMWY by oonstruchng the "Buddmgs" (as defined below), driveways, curb
cuts, landscaping, the "Water Feature" (u defined below), parking areas, and other
improvements
Declaimed intends, contemporaneously herewith, to subject the "Aar Parcer (which Am
Parcel is generally comprised of all portions of the Buildings above the first floor thereof) and
the "Ground Parcer (which Growl Parcel is the Fcmauu err of the Property not encompassed
within the Air Parcel) to the provisions of Chapter 47C of the General Statutes of North Carolina
by executing and receding a condemnation declaration to thereby convert the Air Parcel into the
Air Parcel Condominium" (as defined below) and a eondommium declaration to thereby
convert the Ground Parcel into the 'Ground Parcel Condominium" (as defined below)
Declarant has delemuncil that it is desirable to cite certain easements benefiting and
burdening the Ground Parcel and the Aar Parcel to impose certain reatnwons on the Property -
and to provide for the maintenance of certain fatalities benefiting both the Air Parcel and dw
Ground Parcel
Declarant for the use and benefit of itself its sitecasors and assigns, does hereby
declare cucumber place end impose upon the Property the following coadmons, covenants,
reservations easements and restrictions to ensure the proper are appropriate development and
improvement of such Property to enha c the value desirability and attractiveness of the
Property and to provide for a method for the maintenaiKe and continued improvement of certain
common fatalities within the Properly
THEREFORE in consideration of the premises and of the mutual benefits and duties
herein contained Declarant hereby declares that the Property shall be held developed, improved,
le.tsed sold transferred conveyed and occupied subject to the following covenants resmations,
casements conditions and restrictions all of which are for the purpose of protecting the value
F;TUANED TO lTh'fi� t 14420v2
Cs. F-1VE
DEC 2 8 2012
BY.
6,)0O d

BOOR PAGE
2764 0868
and desnabrhty of and which shall ran with title to, the Property and "be bumdmg on all
parties having a ngK title or wuxcst thaar4 alemg with thon harm, cruces ors and amgns, and
which shall in= to the beloefit of each owner themE
AR17CLIC 1
1
SQL DCAM9 M
(a) "An Puoer shalt mean and refer to time two traent or parcels of air space
within the Property above and below certain honaontd elevation planer, and within the
voted boundaries formed by the walls of ewh Buddmg an as room particularly
described on Exhibit ^A^ attached hereto and mcoq)oruW herein by reference.
(b) "Au Pawl Condominium" shall mean and refer to Lumina Station 11
Office Condom mum to be created by the subjecting of the Au Parcel to a oxmdomimum
declaration.
(c) "Au Parcel Easements" means those covenants, conditions, restacboma
easanrnts and other provisions contained in this Deelanatioa appmtaran to and
bencZhug the Air Parcel
(d) "Av parcel Owner" shag mom amd mfa to the remit owner% from tme
to time of the Air Parcel or its udrvidual Umts, whether one or rose persons a mtltlm
(e) B Wldmgs" shall mean and refs to the two (2) bwldmp each containing
approximately" 133 square feet on the Property (as defiand below), as shown on the
Site Plan (as defined below) attached as Enchrbd "D^ hereto
(f) 'Common Facilities" shall mean and refer to all potons of the Property
not located within the Bwldmgs, mchidwg, without Insulation, the eutronces, the parking
areas, the Water Feature and all other Common Facilities desipald m such, now m in
the future by Declarant (Lg„ the Common Facilities established in Artele_ M below) for
the common use and enjoyment of all the Owners
(g) Condomumum Associations shall awn and refer to the Au Parcel
Condominium Association and the Ground Parcel Condominium Assocutronn,
collectively both of which shall be North Carolina non profit corporations-
(h) Declarant shall mean and refer to Lumw Stilton II LLC a North
Carolina limited liability company and any party to whom the rights of Declarant are
assigned pursuant to Article IX. Section 6 below
lae2mv2

/OOK PACE
2764 C a 6 9
(i) "Ground Pmr shall coin and refer to the enure Property lea sad
except the Au Prc :L all as more particularly daaem3ed in Eah&d"B" attached berero
and incorporated heron by reference
0) "Ground Parcel Cendommrram" shall teem and aefer to the Ia®ina
Station H Retail Coodooumum to be creatd by the srb9ochuig of the Ground Parcel to a
iwrdomimim declarabon
(k) "Ground Parcel Owner" it"meat and refer to the rend owners from
time to to m of the Ground Parcel (as defined above) or its mdrvtdual Umbt, whether one
or miore persons or entities
(1) Lumina Station II" shall ovao and refer to the development comprised of
the Property (as defined below)
(m) Mortgage" shall mein a mortgage, dad of oust, deed to secure: debt or
other security instrument affecting say Unit or Commom Facility and which her been
recorded among the land records of the county m jmisdictron in which the Unit is tacatrA
(n) "Mortgagee shall tram and refer to the mortgagce, beneficiary trustee or
other holder of a Mortgage
(o) "Owret" shall mein and refer to the record owner whether one or mere
persons or entities, of the fee sunple title to my part of the Property but such team shall
not include a Mortgagee, tenant or Imam of* Unit except as provided in Article IV_
SmUm 2
(p) "Plans and Spadicatioin" shall mean and refer to those drawings, plain
and specifications for construction of the Buildings to be recorded with the Declaration of
Condominium for launura Salim II Retail Coodomimiumi and the Declaration of
Condominium for Lumina Station H Office Coodorummn to be find in the New
Hanover County Registry along with such supplemmats and modifications thereto the
contents of which are incorporated heroin by re@aence as d they were fully set forth
heran
(aril Property shall mean and referto that parcel of the real property
described on Exhibit "C" atlached hereto along with any additional real property
hereafter annexed to the Property and subjected to this Declaration u provided in Article
11 below
(r) Proula Share shall mean and referto that percentage of the assessments
alloated to the Gmmd Parcel and the Au Pml the Ptorala Shares have been
dcicrtnmed by the relative square footage of improvements encompassed within the Am
Parcel and the Ground Parcel with the Pmraer Share for the Air Parcel bang two-thirds
(2/3) and the Prorata Share of the Ground Parcel being one third (113)
144200

BOOK PACE
2764 0870
(a) "Site Plan" shall mew said refer to do Site Plat attached halo as EaM
and tmotporwed herein by refercwc, as such plan shall be modified and amended m
accordance with the terms of this Deelarahon
(1) "Structure" shall mean mud refer to any Ouog err device the plaocmmt of
which upon or within the Property might affect the physical appearance thereof
mcladmg, by way of illustrahm and not hmuWoq rmpovameoh, beuldmgs, sheds,
covered area. vehicular and pedestrian bndges. driveways, the Wrier Festme,1 1 g
area. eons, shrubbery pa"m curbing laodacapsog, faun or walls or any ago or sign
board "Structure" shall also mew any erpvabm or fit1, the vohl of which exceeds
ten (10) cubic yards, or my eacavatron, fill. ditch, diveram clam or other Well or devise
which affects or alters the natural flow of surface waters upon err across the Ground
Parcel
(u) "Unit shall mean and refer to each condomin um Unit created by the
subjecting of the Air Parcel and the Ground Parcel to the provisions of (meter 47C of
the General Statutes of North Carolina.
(v) Water Feature" shall mean and refer to the pond and creek located in the
approximate location and configuration shown on the Site Plan, the dam located m the
Property that unpouds and creates the pond, aid all facilities related thereto
A1271CLE 0
property
Sechoal. motion The Property imhally made subject to this Declaration a
described in ExhthllL attached hereto and incorporated hesem by reference.
Section Additions to Property Any additional real estate coy be subjected to sties
Declaration by Declarant upon the filing of record of supplements to this Declandi m
("Supplemental Declarations") describing same and thereupeat the operation and effect of this
Declaration shall be extended to such additional property and such additional properly shall
thereafter be and become pan of the Property The Supplemental Declarations may caution such
complementary, additions and modifications of this Declaration pertaining to such additroral
property as may be necessary or convemenl, in the sole judgment of Declarant, to reflect or
accommodate the different character if my of the added property Notwithstanding any term w
provision heron to the contrary Supplements] Declarations hinted in scope and purpose as
provided in this Section 2 may be exceuted and filed of record by Declarant without my
requirement that other Owners approve or execute such Supplemental Declarations
144200

BOOR PACE
AMCLEm 2764 0071
Sectivnl. Llk Tbc Common Facilities 9" be much portions of the Pope ty and
such eamment rights in favor of Declaant or the Owens, as ere insummed for the use and
benefit of all of the Owners, and deagosted as Common Facilittes by DecLnot berm or
hereafter fines to c e to time by r000rdiog ao appropriate map or Supplemental Dwlaraum in the
Land records of the county or junsdu;tion in which the Property is located. Pmova" however
alter a Um- is conveyed to an Owner by Dechiraat, no additional portion of such Una may be
designated thereafter as Common Facilities unless such Owner wosonts in wntmg, such consent
not to be unreasonably widdield or delayed The Common Facilities came comprised of
(a) all ameas and fimtihes within the Property located outside of the Buildmgs,
Including, without hmitmon, driveways, parking areas, landscapmg ontramees, entrance
features, wails and fences, permanent sigeam bridges, medians, streds, drainage
facilities, lakes, ponds, retention ponds, the Water Feature, streams and dams and
gmeenways
(b) 77ie exterior surfaces of the Buildings, vichiduig the roofs,
(c) The shuctund components of the Buildings, and all non-striasund
components of the Buildings that serve both the Ground Parcel and die An Parcel, and
(d) Thou portions of"Utihty Lines" (its defined below) that save both the
Gmund parcel and the An parcel
Declarant shall maintain the Common Facihum hoes the assessments collected from the Owners
provided for hemem Notwithstanding any term or provision herem to the contrary Supplemental
Declarations limited in scope and purpose as provided in thus Section I may be executed and
filed of record by Declarant without my requirement that other Owners approve or execute Such
Supplemental Declarations.
Section 2, Dalarmt s and Owners Rights Every Owner shall have a onnexclusive,
perpetual right and easement of enjoyment in and to the Common Facilities which shall be
appurtenant to each Unit, provided such use shall be subject to the temp and provisions of this
Declaration, and the roles and regulations adopted from time to tame by Declarant. Declarant
shall have a nonexclusnve right and easement of enjoyment in and to the Common Facilities for
the purposes of performing its obligations with respect to the Common Facilities as provided for
herein Declarant spectLcally reserves the right to maintain the Common Facilities and make all
decisions regarding the appearance and aesthetic quality of the Common Facilities and in no
c%cnt shall my Owner have the nght to make alterations or improvements to the exterior of the
Buildings or to any other Common Facilities

168K PAGE
2764 0 v 7 2
Sectum 3. Fast Declining does hereby establish, declare, and gray, for the
benefit of each and every portion of the Property as m appurtenance thereto, and to and for the
benefit of Dochvant, the Condominium Asaoaahom and the Owners, the fogowmg easiments.
(a) I1118MMIJ.:3dB Perpetual. non-eaclonve rights. pavdegrs and
easements for the passage of vehtcles and for the passage and a000mmodabm of
Pedestrians. over across and through all roadways, driveways, curb cols, mWes,
walkways and sidewalks located wnthm or to be located within the Aopaty Weaficdly
including the right and easement of ingress and egress over aao®, and through the
mtnnoat into the Property from adjoining property as shown m the Site Plans
Declarant reserves the right to grant additional easements for ingress and egos
over acmes ad through the driveways and entrances for the benefit of any uddabonal real
estate subjected to this Dtcla abort pursium to Article ,Sectionj herem , or for the
benefit of any parcel or parcels of seal property Aerating the property whether cr nit
such parcel or parcel are subjected to this Deelarmun, a for the benefit of the adjacent
property known as I.umm a Station. Such easnments may be used by any enbty with an
ownership interest in such other property its lessees, invitees and licensees and the
invites and customers of such ksseea, invitee and heenses, provded, however if the
Declarant opts to exercise tlus right. Declaram shag first develop a cost sharing
agreement with the owners of such property which shall require such owners to
wntnbure to the maintenance of such driveways and catnnca. If requested to do so by
Declarant, the Condoentnit Associations shall join m the granting of sueb easements,
and my such joinder of the Condommmum Associanons in such easements shall bid the
Owners as if all Owi ers had joined in the gray of such easements
Each Owner shall use reasonable efforts to assure that construction traffic to and
from its Unit stall not interfere with the use, occupancy and enjoyment of the remainder
of the Property (or my pan ihemof) and shall repair damage caused by its constriction
and construction traffic
Declarant shall have the right, but we the obligation, to erect stop signs and to
establish reasonable mles and regulations with respect to dabs and/or patios, the Water
Feature, the roadways, curb cuts, aisles, parking. walkways and sadmalks and bridges
locoed on the Property melding, without limitation, speed lints.
(b) mpg. Perpetual non-exclusive rights, privileges and easements to
Owners, their lessees, invites and hcroseo and the invites and customers of such
lessees invitees and licensees for vehicular parking w:idun the surface vehicular parking
spaces located on the Ground Parcel provided however Declarant shall in the mles ad
regulations establish and change from time to time roles regarding towing and parking
violations and the designation of certain parking areas for use by Owners, their
employees tenants licensees and business visitors Declaimt reserves the right to issue
parking decals, register the license plate numbers of Owners, their employees, tenants,
hcensces and business visitors and levy fines for she violation of my roles and
regulations regarding parking A sufficient number of parking spaces shall be maintained
IN]Ov2

BOOK PACE
2764 00'3
upon the Property to comply with all governmental regwremeols with napeet to pahmg
on the Property Declansid reserves the right, m it, soh: disac400k to mamas the number
of surfaee vehradar parking ryas co the PrWerly and to d signme, such additional
spaces for use by Owners, them employees, tenant licensees and barmen vm OM
(c) UtLhtiM aW Mychistucal Eauniment. Reciprocal non e x losive easements
ova the eritue Properly for the fiunishing of watq electricity smrm and sanitary
se 14M gas, tckphoic, television. eonimauiataaa, security systems, other utilities and
services aid heatrig, as-eoidatanmg and ventilation by means of pees, wrrea, duW,
cables, ccadmt; equipment panes, mechanical equipment, heating, am conditioning aid
ventilation equipment rid machinery fire Maxwell sod other apparatus and faeihhes
(collectively related to as "Utility Lmed) and as may hereafter be consented to to
coming from time to time by the DeclaraiL Unless such ubhtier and mahamcal facilities
are separate and distinct for each Unit and save only that Unit, such utility and
mechamcA facilities shall be constructed, maintained, repaired and mpLv d by Dodarant
and the cost of such construction, maintenance, repair and replacement shall be
apportioned based on Prorau shares between Oramd Parcol Owner and Air Parcel
Owner and shall be pad by each Owner as pan of the amual reaeaiaiL This easement
shall be appurteriam to each Unit for the benefit of the Owners thereof At the pant a
Which the Utility Isles extend into the An Parcel and are for the exclusive benefit of the
Air Parcel Owners, and become separate aid distinct ham the Ground Protect the Owners
of the benefited Units shall be solely responsible for the maintenance, repair and
replacement of such Utility Lines The Owner of each Unit shall be responsible for all
connection chaga, meta fees and charges, user fees, tarpon foes, impact fees, and
similar fees and charges imposed as a result of the connection of any Utility Lum to is
Unit
Declarant reserves the right to giant additional casatients for utilities over the
enure Property for the benefit of any additional real estate subjected to this Declaration
pursuant to Article 11, Section 2 heron or for the benefit of any parcel or pits of real
property adjoining the property whether or riot such parcel or paces ere subjected to On
Declaration or fa the benefit of the adjacent property (mown as Lumen Station Such
casements may be used by soy entity with an ownership interest m such other Properly
its lessees invitees and licensees and the invitees and customers of such lessees, invitees
and licensees provided however if the Declarant opts to exerese this right, Declarant
shall first develop a cost sharing agreement with the owners of such property which shall
require such owners to contribute to the mantemnce of such Utility Lines If requested
to do so by Declarant, the Condominium Associations shall join in the granting of such
easements and any such joinderof the Coidommium Assmabom in such easements
shall bind the Owners as if all Owners had joined in the grant of such cauments
(d) Encroachments Reciprocal non-exclusive easements ova the entire
Property for minor ericroachments which will not substantially mlerferc with the property
encroached upon created by the construction reconstruction, renovation, settling, shilling
or other causes of movement and for overhangs This easement shall be appurtenant to
each Unit for the benefit of Owner thereof
1a2a2

BOOK PACE
27G11 O874
(e) F RecRraoi non-creluc ve easements over the
Property by each of the respective Owens for r ustrym y ingress, erns and access, sad
easement being appurtenant to each Unit for the benefit of the Owner thereof.
(Q To and for the benefit of As Pared
Owners Gem time to time, the eaxmM hererd0e ter forth in dus,Section.(Q.
(1) Smot A perpetual each om support easement for the can,
aintenancerepast and rrglacment o4 and for anarhmmt of the Air Parcel 1%
(u) all columns, puss, footings, cassons, grade; beams, foundations, slabs and
other supports, supporting structures and appurtenances Wercto located or to be
located on the Ground Parcel nr connection with the support of the Au Parcel and
the Buildings and any other structures, bindings or mpovcmems coosWcw or
to be constructed in the Art Parcel and (u) all enlunims liters, footings, catssoss.
girders beams, foundations, slabs and other supports, supppormig structures and
appurtenance thereto located or to be located on the Ground Parcel as are
necessary or appropriate in connection with the maintenance and operation of the
Au Parcel and the easements benefiinrg d. The easement provded for in Was
Subsection 1 is and shall be limited to the support of the Air Parcel, and in no
event shall Declarant or any successor Ground Parcel Owner have awry obligation
to provide support for any structure other than the Ass Parcel as at was originally
planned and constructed. All Au Parcel Owens and than successors and assigns
shall not add additional stones or levels to the Air Parcel without the consent of
Declarant and the Cordommmm Aasocia— Declarant hereby reserves the right
to add additional stones or levels to We Aar Parcel, in its sole th on. No
consent of the Condomsmum Associations will be necessary for Declarant to
exercise this right
(2) Access A perpetual rioo-aclusive access easement for reasonable
vehicular and pedestrian access, ingress and egress to and from the Au Panel
over and across all driveways and walkways, and steps, and a perpetual achmve
access eaxrnent, subject to We repair easement desmbed in Section (a) below for
reasonable pedestrian access, ingress and egress to and from the Au Parcel over
and across all stairways fire stairwells, elevators, elevator shafts and passages
located or to be located on the Ground Parcel, subject to reasonable non
discriminatory rules and regulations promulgated from time to tame by Declarant
(3) Revatrs A permanent noo-arclusrve access, mnsmchon, rcpW
and replacement easement for all purposes necessary appropriate or incudental to
the Au Parcel Owners use or enloyment of the easements reserved pursuant to
this Section (0
(4) Utaitiesand Services A perpetual exclusive easement to use those
chases conduits shafts and other openings through the Ground Parcel to the first
❑nor of the Au Parcel for the benefit and use of the Air Parcel for the
IN2N2

BOOR PACE
Installation, operatho4 repro replacement an imWeomix of uithttq S
and ekvatcas, including the right of ingress and egress across the Groin P-,,,l
as reasonably necessary to usstallL operate. Rpm replace and maWam such
faahtsm
(9) there a reserved tar the benefit of
Declaaat a perpetual easement to mtmtru4 repac and mgm () the suppoeuog strachan l
components Imatod on use Ground Parcel in connection with support of the Air Parcel.
(u) nay amrshucaaal components of the Buildup dw save both the Ground parted an
the Am Parcel and (m) the exterior of the Buttldrop, including, but not limited to
rePmmg the roof painting the exterrer and repairing damage to the exterior The cost of
such maudenaoce, repair and restoraaoa shall be apportioned based on Prorate Shares
between Ground Parcel Owner and Am Parcel Owner and shall be pad by each Owner as
pan of the annual assessment
(h) Easements for B--ft of QIbMJaaOS pocketed may heraRer goat an
accept, and Declarant hereby reserves unto htscif, its suocesama and aagm (as
Dechm nlL easements and other rights for the benefit of the Property and abo for the
benefit of other adjacent lad new or hereafter to be developed by Declarant, adjacent to
contiguous to or to the vicinity of the Property for the purpose of pmvudmg such beuefiLt
as shared facilities and amenities (including uitbhes facibbes), reasonable accuse or
Pdestnan and vehicular traffic open areas, green spans, park laodi and other sntable
shared uses in, along and over my portion of the Common Facilities, provided, however
the rights hereuu reserved by Doclacrnt in, along or over the Common Facilities for the
benefit of adjacent or other property shall not be amiable to the owner(s) of such
adjacent or other lad Bless Declarant first developer a cost sharing agreement with the
owners of such other lands, which shall require with owners to contribute to the
operatiort, maintenance and repro of such shared fwalthes or amenities mmiled. fig,
the obligations to be incurred in connection with the Common Facilities by such owner(s)
of adjacent or other lands shall net accrue car be scared or due until the date such paters
are entitled to actual usage of the Compton Facilities. if requested to do so by Decleart,
the Codomtmmn ASanctatient shall jom m the grmapg of such cascmedS, ad toy Such
joinder of the Codommum Associations in such easements shill bad the Owners as if
all Owners had joinedm the grant of such easements In addition, the owners of such
adjacent or other lands may grant easements over such adjacent er other lands for the
benefit of the Property including easements for access, egress and egress from the
Property over through and across such adjacent or other lands If such owners grant such
easements for the benefit of the Property Declanet reserves the right to enter into a cast
sharing agreement with such owners which may require Owners to contribute to the
operation maintenance and repair of such shared facilities or amenities located on the
adjacent or other lands which costs shall be assessed as part of the annual assessments in
Article V herein
tic ton 4 Rights of Third Pam es The easements hereby established are private
casements and nothing herein shall be construed to create easements in favor of the general
public However easements created under this Declaration in favor of an Owner and appurtenant
14430v2

BOOK,?744 PICE YIM/0
to such Owner s Umt may be =emLwd, Lied, and enjoyed by is O.l{res age QngloyeM
contra WM tenants, mvnteea, licensees, and . unaess visitors; prowled, however that such nghts
WWI be abject to the terms of this Declaration Will to any Mks and nq<ulaboos adopted by
Dectuant from tune to time
AH71CLS ry
Section 1. A oval_•. Conscats. and Voting Rights. Except as otherwise particularly
provided for heen, m each provision of thus Declaration that refers to the approval m consent of
or voting among Unit Owners, approvals and consents shall be granted and votes will be cast in
accordance with this Article N Two parties shall have the right to grant consent or approval or
to vote on matters addressed in this Declaration, and the two parties shall be collectively referred
to as "Voting Parties"
(a) Voting Pam A Voting Party A shall be the Aw Parcel Condommrum
Assocunon or itssuccessor The Au Parcel Condomrnionr Aawuabm w a whole may
cast forty-five votes oul of one hundred total votes on any untie for which this
Declaration gives approval consent or voting rights to the Unit Owners,
(b) Vouna Pam B Voting Poly B shall be the Ground Parcel Coodoom um
Association or its successor The Gro uil Parcel Condominium Association as a whole
may cast fifty five votes out of one hundred total votes on any issue for which this
Declaration gives approval consent or voting rights to the Unit Owners
Section.2. General Provivans For purposes of the granting of approvals or consents
and voting rights under this Declaration, 'Owner" shall not include any owner or holder of a
reversionary interest in all or any portion of the Property or Units thereon under a leave with a
lean lean mcludmg options to extend, in excess of thirty, (30) years, rather in inch care the
term "Owner" shall be deened to refer to the lessee under any such lease In any casewhere any
Unit within the Property has room than one Owner any one such Owner may exeriise the vote(s)
applicable to such Unto and such exercise shall be conclusive and boding with respect to all
other persons having any interest an the Unit in question In no event shall the vote orvotes with
respect to any jointly -owned Unit be cast separately Any action taken m accordance with the
provisions of this Declaration shall be budmg upon all Owners and Mortgagees of the Property
or Units themn and their respective heirs, succcswrs and assigns, Every purchaser grantee or
assignee of any interest in the Property or Units therein subject to thus Declaration, by aexepunee
of a deed or other conveyance therefor thereby agrees that the provisions of this Declaration
shall run wish and band title to the Property and Units therein as provided hereby
10 IN20d

BOOK PACE
ARMLE V 2 7 9 0 8
AUMMMMU
Swum 1. Creation of t,m and Each Owner of
a Unit or of my Interest to the Property shall, by alxxptame of a oaaveyaooe thunder whether or
not it dull be so expressed In my rssitrimmt of cooim7ima e, be deemed to () covenant and agree
to all the terns and provisions of this Declaration and (u) promise to pay to Deelmod, by wary of
paying Its respective Assacunion. both ■®sl and spec d assessments; and chuV , such as ere
established and to be collected from time to time as hercmattu provided 7be annual and special
assessments and charges, together with such interest thumm and costs of cogect-on therefor as
are hereuufler provided, shall be a charge and continuing him upon the Umt agaral which such
assessment is made a of the effective date of each assessment, and against the corresponding
Condomuuu s Assouatwm and the Units located in such Condomumurn, if such Association has
not paid the endure amount of an assessment, as provided below Each such assessment, together
with such interest lherme and coats of collection therefor as we hereinafter provided, shall also
be the pmronnal obligation of the person or uauty who was Owner of such Umt at the nine wbm
the assessment became due In the case of co -ownership of a Unit. all of such m-Owners shill
belontly and severally table for the mine amount of the assessment
Notwithstanding the foregoing, it a --tended that collection of assessments, and
enforcement of remedies for non-payment of asessmmts, with respect to Umts, be admuurtcM
by the Cood-mummm Associations. It is contemplated that all assessments levied hereunder shall
be billed by Declarant to the Condominium Aaocutio-s, with the Plurals Share for Grew
Parcel assessments being bulled to the Ground Parcel Condomnuum Association, and the Ptorau
Share for Au Pucel assessments being billed to the Air Parcel Condominium Association except
for those special assessments requiring a different allocation which will be billed a hereinafter
provided Thereafter, each Condominium, Association shall allocate its bill for Its Pmnls Share
among the Owners whom members of such Association, with such allocations to be "common
expense- for that Condominium (a defined in N C Gen. Star § 47C-1-103[5]) Declarant shall
have the right and authority to collect my unpa d assessments either by sort against the
corresponding Condommum Association which is respomble for the brllung and collection of
such assessment, or by mforcerrtent of the has against the Units in such Condominium a
provided for above Declanrt may also bring suit directly against the nonpaying Owner and
enforce the hen against such Owner s Unit. at Declarant s sole discretion
Section 2 Purpose of Annual Assessments The annual assessments leveed by
Declarant shall be used for the improvement, maintenance, operation repair replacement and
additions of and to the Common Facilities, including, but not limited to the payment of
insurance as described in Article V I I. the payment of ad valorem uses on the Common
Facilities the payment of utility charges related thereto (including water for any irrigation
systems) die costs of maintaining operating and improving srrats, roads drives and
nghtsof way the costs of maintammg repanng and restoring the extmoref the Buildings as
described in Article III. Section 3f e1 the costs of maintain-& repaurmg and restoring the
supporting structures and appurtenances thereto located or to be looted on the Ground Parcel In
11 I4420v2
Is
t 41

BOOR P CE
2764 0878
connection with the casements bene6tmg the Air Parcd, the payment of capital eapeadttuta
related to the Common Facthtim such as replacing or rebuilding any Common Facility the
payment of hemvq permit and nmpectioo fees, costs of atieet signs and makers, the costa of
Maintaining the Water Feature, uncludin& but not hmnnd W the costs to purchase and mammon
equipment necessary to clean and maintain the Water Feabnei, such as filters. Amps, deamog
materials and labor costs, the casts ofcWkd oft and dupomog of garbsgq mbbesh and the lity
the coals of eoosmictM ma ataming, repairing and replacing utility facilities as described in
Article nrr Section Mc: i the tads of mpl" security service, a pop city maniagv ad
maintenance personnel, any coal sharing Coombmram to rellabm to the operauea, maintenance
and repair of arty shad facilities Or amenoes located on a.yaccat w other I=& pursuant to
Angle nl_ Section 3M herein, the costs to prepare the Buildings, any other Smiiames located
upon the Property and the Common Facditra for any stoma or hureene; =lu&n , but not
limtedto the costs of maiaisls for clean -con and restoration after the storm or hurricane, and the
costs of labor supplies, equipment matenak mansgment and supervision thereof The
Common Fmhtim may u idc such fmhties and amenities u sheets, drives ad other
rights -of -way Oowa beds, planted islands, natmq Jogg,eg ad other Inds or walks, medians,
pesmanait sgnage, bridges, ponds, dams, entrances, gmenways, Mmage areas, water memuM
fountains, sculptures, transportation stops and/or shelters, directional and mfore ational sign am
tree nurseries and maintenance areas and, at the option of Declarant easement rights in «Halo
portion, of the Property as am described in ale, M above. Notinthstaodnng anything to the
contrary heron, Declarant shall be not be obingasod to bald all or soy portion of the ficdnties and
a rim listed above m odterwnse in thus Dmiaiaim as pmibk Common F=Iitics. In
addition. Declarant may use annual assessmenh for the purpose of ilomg soy otber thin s
necessary or desuabk, in the reasonable discretion of Declarant, to keep the Common Factlities
and ammtim in a clean and good order and to provide far the health, welfare and safety of the
Owners and occupants of the Property and the Common Facdibes, By titsacceptance of any deed
mother instrument of comeyance of any Unit each Owner acknowledges that the precise type
of menses improvements and Structures lobe Common Facilities has not been (ad may not
be) specifically defined and detemmmed as of the date hereof Notwithstanding the lack of
specificity relating to the identity of the Common Facilities, each Owner acknnowledgrs that hem
it is a knowledgeable business person or entity fmdar with developments such as the one
established under this Declination and hereby age to accept and pay annual and special
assessments Irnd by Declarant pursuant to this Declarabon. Further each Owner agrees to
accept as Common Facilities hereunder such Common Facilities as may be designated and/or
conveyed by Declarant in accordance with the terms of this Declaration
Section 3. Budget and Annual Assessment Amount Declarant shall determine ■
budget for each fiscal year in its reasonable discretion, based upon actual and estimated casts
and expenses for the applicable fiscal year such budget to be delivered to the Condomuum
Associations not less than ten (10) days and not more than sixty (60) days before the beginning
of the fiscal vm Declarant shall use this budget to determine the annual assessment applicable
to the Property which shall be apportioned based on Pmrala Shares
Section 4 Sotcnal Assessmcnts In addition to the annual assessments hemnabove
aulhorird Dcclaranl may levy special assessments as follows
12 14,1200

EOOK ME
E764 0879
(1) Sub3oct to the ropuate approval of the voting Pinions, as provided honem
special assessments may be levied for the purpose of detrayug, in whok or m pam the c stof
any construction or reoomwaloo, unexpected fcpw of tepdae®mt of Common Faciblam
including the necessary Lxtuns and personal property related thereto. TLe Ground Parer)
Condominium Association shall be billed for the Ground Prod a Probes Share of the special
assessments made under this paragraph (1) and the Au Pared Condominium Aaocatiao shall be
billed for the An Paroel s Prorata Share of the spinal assessments made under this paogiaph
(1) Declrmt may kvY qp W ■wcssmmtc nude thms praagraph (1) oily Won approval of the
Voting Pubm to which are allocated more than tw*4hids (2/3) of We votes under Article IV.
Ii,exition 1
(2) Special assessments may be levied for the costs and expens s, including
overhead and admuustrahve costs, of seasonal decorations a astir it, and advertising
ad/or promotional events for the benefit of the Common Facilities. Thus special assessment
shall be billed to the Condominium Associations accardng to the following percentages- (i)
Ground Parcel Condominium Association eighty percent (80%) and (u) Air Parcel Condomniuun
Association twenty percent (20%)
(3) Special assessments may be lend for the costs and expmtts, including
overhead and admimstrative costs of advertising ad/or promotional events which as pnmany
for the benefit of the Ground Parcel This special asset shall be billed to the Ground Parcel
Condominium Association
Special assessments made pursuant to paragraphs (2) and (3) above are not subject to
approval by the Voting Panes and the decision of the Dec'mat as to the amouds, allocation and
billing of these special assessments are final ad biding
Section 5- Commencement Assessments shall corn mere on the date fixed by
Declarant Assessments on Units that first become subject to assessments dung a calendar Year
shall be prorated on a alendr year burs for the remainder of such calendar year
Section 6. Due Date and Limitation of Assessment Finauencv Annual assessments
shall be levied by Declarant annually in advance and shall be billed no less fieque sly than
monthly and shall be payable in advanceat the beginning of each month Unless otherweu
provided herem all assessments shall be due and payable in Poll within thirty (30) days after
billed by Declarant
Section 7. Records of Declarant shall arise to be maintained in the
omcc of Declarant a record of all Units and assessments applicable thereto which shall be open
to inspection by any Owner Wntten notice of each assssnrnt shall be staled to the
Condominium Associations
Declarant shall at least annually furnish to the Condominium Associations an
accounting for all expenditures by Declarant made from the assessments and all other amounts
collected from the Owners Such accounting shall be certified as accurate by an authonzed
representative of Declarant Such accountings need not be audited
13 I4420v2

BOOK PACs
2764 Cose
Declarml shall, upon demand and payment ofa nameable charge, fiumads to my Owen
a certificate in svrrtrmg signed by an aulhonzed tepramtWve of Daluant pmog whether the
assessments against the Owner s Unit have been pad soot, if best, the amormt due and owing.
Such cerhfiWes shall be comelusave as evidence for thud pubes as to the shtua of assessments
against such Unit.
section $ If my aoeatanal or other charge
due hereunder is not pad om the date when dire, thin such aestmest or other charge due
hereunder shall be delinquent and shall accrue untereat thereon at sum paoeot (16X), -less a
teaser rile is required under applicable law in which event the letser rate shall be applicable. If
such assessnmt or my other charge due hereunder a not pad within thirty (30) days alter the
due date, then Ikclaram may at its opboo, bring m sebon at law (I) agaimt the Assocabon
responsible for paying such assessment. in which euee my money3ud@icist that Declining
obtains against such Associanon shall constitute a hen against all of the Units in such
Condominimn, in accordance with N C Gen. Stat. §47C-3 117(a) and/or (2) against the Owner
personally in which case Declared may foreclose its hen upon such Owner a Umt There shall
be added to the amount of any assessment or other charge due hereunder all seasonable attorneys
fees and coats incurred by Declarant in such aetimq and in the event a2udgment is obtained, such
judgment shall include interest on the assessment or other charge due berctmder as indicated
above.
AR77CLE VI
UIM
Section 1. Permitted Uses The Am Panel is to be used solely for general purpose
offices medical and other professional offices and dually related uses. The Ground Pavel a to
be used solely for general purpose retail and/or office, medical and other profaswal offices and
directly related uses Units in both the Am Parcel and the Ground Parcel may be used to �••M-�
sales ogees, management offices or model Units
Declarant may establish additional user for Units walun the Property and additional
restrictions for Units within the Property by provisuins in the deeds to such Units, by
supplement to this Declaration or by the condomtmum declarations crvhng the Au Parcel and
Ground Parcel Condominiums, prior to the conveyance of the affected Units provided, however
that any such additional uses must be approved in writing by the Voting Parties to which ere
allocated more than fifty percent (500/e) of the votes under Article IV_ Section 1. but such consent
shall not be unreasonably withheld or delayed by my Owner
Section 2, TemooraryStructures No building or other Structure of a temporary
nature shall be allowed on the Ground Parcel at any time except that of Declarant s contractors
and subcontractors during the period of construction or repair to Structures
Smlon 3 Repair and Mamttri Except for Common Facilities that are
maintained by Declarant hereunder the Owner of each Unit shall continually repair keep and
14 14420v2

2764 0 a a I
maintain such Owner s Unit m a ado chato, neat and sanitary, condition, subject to Declaam4
right to maintain, repair aid mature the anpportmg sbuctmal components located an the Ground
Parcel, any Iron-stmctmal component then saves both the Crowed Parcel and the An Parcel, and
the extmor of the Buildings as provided m Ad&k Bl Sen.m vet berer4 and shall comply in
all respoas with all governmental mnmg, health, mvtroomaNat fist' and police requirements,
and shall operate, repair replace and manua m all Utility Does within the boundaries of such
Owner S UmL In the event any Owner fals to observe required maintemoco standards with
respect to such Owner a Una, Declarmt shall provide written notice thereof to the Owner and
the Owner shall have a period of thirty (30) days after recaps of arch written oobw within which
to commence in a reasonable and expeditious f tshtm fie correction of such maintenance
deficiencies. If sad deficiencies we net corrected walun a reasonable period of rung Declarant
reserves the right to enter upon the Unit correct the deficiencies and charge or assess the Owner
Of the Unit for the costs thereof The Ownrer shall pay said charges wrthm ten (10) days aRe the
date of Declarant a statement to the Owner for the costs of co zcting sad deficiencies, provided,
however if such charges are net pad within such fen (10) day prod, the Declarant shall be
deemed to have contracted with the Owner for such work and materials, and shall be entitled to
file a mechanic s hen against the Owner s Unit for the Owner s shin of the coat of such work
and materials with all rights incident therero, all in accordance with Chapter "A of the General
Statutes of North Carolina.
Section 4 min Dust and Wage DiscNo use of the Property or Units thereto
will be permitted which emits dust, swcepmgs, diet or cinders into the atmosphere or discharges
liquid, solid wastes or other harmful matter into my stream, river pond, lake or other body of
water which in the opinion of Declarant, may adversely affect the health, safety comfort of or
the intended property use by persons wndun the area.
Section S. Gndms lights Declarant may at my time make such cuts and fills upon
my part of the Property and do such grading and earth moving as, in its judgment may be
necessary to improve or maintain the streets wnthm or adjacent to the Property to maintain or
alter the Water Feature and to drain surGce waters therefrom and Declarant may assign such
rights to my appropriate municipal or other governmental authority
Section 6 Prohibited Uses The following shill not be permitted on the Property
labor camps commercial storage of budding or construction matenals (except temporarily in
connection with the repair maintenance or construction of Structures by Owners of Units or
Common Facilities as is permitted hemp, or for the preparation, clew -up and restoration after
any humcane or storm) smelting of non, tin, zinc or other ors refrung of petroleum orof
petroleum products communityfairs flea markets, open air stalls or carnivals (except as
approved by the Voting Parties to which are allocated mote than fifty percent (50%) of the votes
under Article IV. Section I 1 rodeos horse shows shooting or athletic events fortune telling,
sales lots for prefabricated structures fire recapping plants farm and heavy construction
equipment and implement sales leasing seance storage and similar activities truck terminals
lumber planing or sawing mills pulpwood yards storage yards taxidermy cemetenas (pubic
and private) commercial poultry livestock and swine production cattle feeder lots or fin
bearing iimal rearing or breeding farms animal kennels abattonn junk yams baling, storage
or processing of scrap metal glass paper or rags or storage or processing of wrecked orjunked
15 1442Ov2

BOOR PACE
irator vduc Z T 6 y C 8 8 2
lea. wanes. race tricks. raceways «Magxtnps. truck stops, sanitary landfills or
garbage deposal arcs, uukr or mobile bone parks, any type of outdoor storage, rude or sem,
nude dance clubs, massage parlors (excluding dry ryas, nedrol treatment and therapeutic
facilities allowed by applicable zoning laws) or antics or bookstores selling or exh&L g
material of a pornographic or adult dbue No Unit or other portion of the Property s6aB be used
for my, busmrss the Operation of which would result in the escape, disposal or release of airy
amount of bnologua ly acbv% twat or haardos, wases, materials. or substances, or soy other
substance that ra prohibited. limited or regulated by any gover®mfal in quam_governmental
authority or that, even if not so regulated, could ordoes pose a hared to health and safety of the
occupants of the Building or surrounding property (collectively "Hazardous Substanceer') in
violation of any applicable Environmental laws (as hereinafter defined) No Umt or other
Pont= of the Property shall be used for the storage or use of said Hazardous Substances in any
manner prohibited by law or otherwise toconsnstent with commemaidly reasonable standards for
the storage and use of such Hazardous Substances comparable to other Bust class office mad retail
buildings used for or conumung laboratories using Hazardous Substances, nor shall my Owner
allow to be brought into the Buildings or onto the Property any such Hazardous Substances
except to use in the ordinary course of my Owner s business. All Units and other portions of the
Property will at all uroes, be kept and maintained so as to comply with all existing or hereafter
enacted or issued statutes, laws, rules, ordinances, orders, parents, and regulations of all state
federal local and other govenunemal and regulatory mthonbes, agencies, and bodies applicable
to the Property portioning to environmental manes, or regulating, prohibiting or otherwise
having to do with asbcslos and all other toxic, radmactive, or hawdots wastes or materials
including, but not limited to the Federal Clem Am Act, the Federal Water Pollution Control Act.
and the Comprdaersave Environmental Response, Compensation, and lrabatity Au of 1980 as
from time to time amended ("Environmental Laws')
(a) Architectural Comoabbnbty/Cmtem ofPlansaPrc a ne It is the mtewon of
Declarant that all Structures within the Property be constructed, installed, erected, operated and
mamtaned so that the Pmpeny shall be aesthetically and architecturally hamomous.
Accordingly except as otherwise provided herein, should my Owner destre to up61 or model
its Unit following the initial construction thereof and such upfimng or remodeling shall result in
a change to the exterior appearance of either Building, such Owner shall submit Plans (as
hereinafter defined). which must be approved by the Dechuant prior to the commencement of
construction With respect to each Unit, prior to the commencement of my construction
whatsoevcr on said Unit or my pan thereof by an Owner thereof such Owner shall deliver to
Declarant in triplicate, detailed plan and specifications for such proposed construction and/or
upfr[ting(collmlively the Plans )
Declarant may disapprove Plans for my reason including purely aesthetic reasons which
in the sole discicnon of Declarant shall be deemed sul c3cot Declarant shall either approve or
disapprove Plans w dhm thirty (30) days of the rcceupt thereof although Declarant s approval of
Plans may in some cases be contingent upon the approval of such Plans by one or more third
parties including other Owners and tenets in the Property If Declarant approves Plans as
16 144304

mU%iA iivc
-176'1 0 3 b 3
submitted, one (1) complete set of the Plana shall be marked "Approved' and signed by
Declining and returned to the submitting party Bed the rmmung two (2) ads of the Plans shall
be filed in Declarant a otiose. If Doclanu t duappaoves the Plam, one (I) complete act of the
Plans shall be marked "Disapproved" and signed by Declarant and returned to the submitting
party accompanied by a nationality detailed Adememt of items in the Plans found by Declared:
not to 6e aoceptabk: If Dakmt approves Plane fir a UnrL army modtGnatrom orcbmge m the
approved Plans must be submitted in triplicate to Declarant for review and approval in
accordance with the procedure specified above If Declaram disapproves Plane for a Umt, upon
the reaukmrssion to Declarant of the Plans (with revenoms) in brpheatq Dechasut shall other
approve or disapprove the reawbmmed Plans within twenty (20)days of the rc eqt Ihereot Once
Declaiml has approved the Plum for a Unit, the construction on and Unit as described in sad
Plans shall be prampily commenced and diligently pursued to completion, and, unkics Deelaiartt
agrees in writing to a different time schedule, dsoch construction is not commenced within
eighteen (18) months following the date of Doclaraot a mitial approval of the Plans therefor such
approval shall be dawned automatically rescinded, and before construction on sad Unit may be
thereafter commence4 the Plans therefor must again be submitted to and approved by Declaims
pursuant to the terms and procedures ad forth above form =list submsmon of Plans. Upon the
complelun of the c nsiructioe on a Unit in accordance with approved Plum, the same awl not
thereafter be changed or altered without the prior written approval of Dochumt (adtbougb
Declarant s approval of such changes or alteration my in some casts be contingent upon the
approval of such changes or alliraboos by one or mone thud pasties, including other Owners and
tenants in the Property) if such changes or alterations would modify the extaror appearance of
the 8urldmgs, which approval shall be sought p rsuard to the terns and procedures id forth
above for an initial submission of Plane aid, notwithstanding the tams above, shall not be
unreasonably withheld, conditioned or delayed by Declarant (m accordance with the cntw sot
forth above)
(b) Declaring s Failure to Respond to Plane IfDeclannl finis to approve or
disapprove my Place within thirty (30) days after recequ thereof by Declarant (ran the case of an
initial submittal of such Plans) or within twenty (20) days after receipt thereof by Declarml (m
the case of my resubmittal of Plana) and (i) provided the Plans were complete. (it) provided the
Plans comply with sod conform to all of the regtmements of tlus Declaration, and (rat) provided
Declancel shall again fail to approve a disapprove such Plans within ten (10) days after an
additional written request to respond to such Plans its delivered to Declarant by the submitting
piny [such additional written request shall conspicuously state on a separate coves sheet that
Declarant s approval rights under this Declaration will expire if no response is given by
Declarant within the specified ten (10) day period and shall be delivered to Declarant by the
submitting party following the expiration of the must thirty (30) day or twenty (20) day
response period (m the case may be) specified above) such Plans shall be conclusively presumed
to have been approved by Declarant pursuant to this Declaration Provided however and
notwithstanding the generality of the foregoing, Declarant has no nght or power by tts failure to
respond with respect to any Plans submitted to it within the applicable time period specified
herein to waive or grant any variances relating to my requirements or standards set forth in this
Dm12ration
17 11a2W

BOOK PACE
Z76'1 0884
(c) LllOtWUquvfj tjhdit Neither DecWmt nor the pintas, officem duecfaa6
employers and/or agents of Declarant shall be liable in damages a otherwise to any Owner by
reason of ouslake ofpdgmeot, negligence or nonfeasance swung out of or in connection with
my submittal or tmibmatW of Plans for review and approval under this Declaration Widsom
Lk prior written arnuent of Declarsot, no Owner who suhmds or resdbmds Plans may brag m
action or sort against Declarant, a Declarml a putnem officers, directors, empbyaes and/or
agents to recover any such damages, and such pubes hereby release, remise and gwtela, all
claims, demands aid wises of action for damages anaog out of in in connection with my
mstake ofludgarrsr; neghgeoce m nonfeasance of Deelamt or its a then primer; officers,
directors, employees and/or agents relating to the review and approval, disapproval a Bthue to
respond with respect to my Plans which are submitted or rearbmitled sender dins Dechuauon, and
such parties hereby wave all rights and ew scent ors they may have under my provision a
pnncaple of law which provides that a general release does not extend to clams, demands and
causes of action not known at the time the release is given.
(d) No Liability for Deem or Other Defects. The approval of my Plans undo tens
Declaration by Declarant shall not impose my liability or responabday whatsoever upon
Declarant or its padn a s, offces, dnecters, employers and/oar agents (t) with respect to the
compliance or nentomphmce of my such Plan, or my structures invited a installed in
accordance tlwewitlt with applicable rumng ordnimces, budding codes, sigruge o dmaoces, or
other applicable govemvuntal laws, ordinances or regulations m (n) with respect to defects in or
relating to the Plans, mcludm& without htnitmon, defects miming to engineering matters,
structural design natters and the quality or suttabtbty of materials.
(a) All constmction activmes willun the Property shall be performed in a good
and workmanlike manner using fast -class nataals, and in mmphance with all laws,
rules, regulations, odes, and ordmaicess of the city comity state, and federal
governments, or my department or agency dren of, havmglunsdiction ova the Property
(b) All construction activities within the Property shall be performed in
accordance with the following provision
(t) so as not to unreasonably tmerfeie with any construction work
being performed on the remainder of the Property (or my pan thereof)
(it) so as not to unreasonably interfere with the use, occupancy or
enjoyment of my other portion of the Property (or my part thereof) or the
business conducted on my other portion of the Property or by my other Owner -
and
(m) so as not to block my driveways entrances or the throughways of
the parking areas
Is INXW2

BOOK PACE
(c) Each Owner shall diligently complete all ocemu r.ti u aonvinas within its
Unit as giddy as feasible, shall regularly (as needed) clean the roadways and dnveways
used by its momixui n vehicles of mud, dot and construction ddxu and, upon
completion of al( comstrucuon aetivmis, Shall promptly reetare Rind affWAW roadways
and driveways to a condition which is egid to or bens than the aamditm which canted
prior to the commencement of such work.
AxnCLE vn
Section l Ralaraml Declarant shall have the nght and authority to obtain and
maintain such insurance as Declarant rosy from time to tune stasombly, deem advisable,
provided that such imwaooe is of types and amounts reasonably customary for fuel class office
parks in New Hanover County North Carolina, including without hmrtaLon coverages of the
types and kinds set forth below in such amounts as Deelsomt shall reasonably deem advisable.
(a) Fie and casualty insnarrce on all improvements and all futures on the
Property including the Buildings, Common Facilities and all personal property and
supplies comprising a portion of the Common Facibum Allard policies shall provide
that adjustment of loss shall be approved by DeclarauL
(b) Public liability insurance on the Property in such [units as Declarant may,
from time to time determine to be customary for projects similar in construction, location
and use to Lurmm Station U and customary for projects similar to Lumam Station B.
covering Declarant, the managing agent, if my and each Owner with respect to its
Lability arising out of the ownership rna chance, or repair of the Common Facilities
and out of the activities of Declarant with respect to the Common Fatalities.
(c) Fidelity coverage against dishonest acts on the part of all persom, whether
officers, directors custom employees, agents or u Wkpmdmt contractors, responsible for
handling finds, or the assessments, in an amount determined by Declarant in its
discretion An appropriate endorsement to the policy to cover any persons who serve
without compensation shall be added tithe policy would not otherwise cover volunteers-
(d) Flood insurance on any Urals or portions thereof winch are determined to
be within a flood zone according to the appropriate governmental entities,
(e) Such other insurance coverages, including flood insauarice and worker s
compensation as Declarant shall determine from time to time to be desirable.
Premiums upon such insurance policies purchased by Declarmt shall be paid by
Dectarant and collected from the Owners as part of the assessments pursuant to Articley hereof
19 1a12Ov2

BOOR PAGE
ZT64 0CL6
Section 2. Osmanli.
(a) Public r „r.lhb t.. uzysr Etch Owner shall ink_ err puce to be
maintained in full farce and effect cop rehoosm public liability mmaooe with a
financially responsible mttramce company or companies licensed to do business in the
State of North Carnhm t maturing against chum on s000uw of loss of life, bodily mpry or.
property damage that my arse fiom, or be oecamo rid by, the condition, use or
occupancy of such Owner's Unit. aid such mmaoee shall provide for a hind of not lee
than One hdnahon and Nof100 Dollars (S1 000,000 OD) far personal or bodily injury or
death to any one person, a Imut of eat has than One INtWon and No/100 Dollars
(SI 000 000 00) for personal % bodily injury or death to any timber of persons arising
out of any one occurrence, and a l ml of not lea this One Whon and No/100 Dollars
(Sl 000 000 00) in respect of any to Lane of property damage. Such iasimca shall
eatend to the contractual obligation of the mined patty arising out of the indemrfic entat
obligations act forth in this Declaration Fmh Owner shall furnish to DocUrm . and to
any other Owner requesting the same. evidence that the insurance described above is in
full force and effect AB policies of nrsmairm erred by my Owner pursuard hereto shall
name DmIal m a, an additional insurd, and shall provde that the same may not be
canorld (including, without limitation. a oomaemewal) or amended wrtboul at least thirty
(30) days prior written notice bang given by the insurer to Declarant
(b) Waiver of Subrnaation All auc6 raturaihce stall unlade a waiver of
subrngmon by the insurer against the other Owners so long as the same a obtainable
without extra cost. If extra cast shall be chargeable therefor each party shall advise the
Other thereof and the amount of the extra coat, and the other parry at its election, my pay
the same but shall Dot be obhgatd to do so Each owner hereby wsoves arty rights of
recovery against any other Owner its directors. officers, Dnembe s, employees, agents,
and tenants for my damage or consequential loss which is coverea by or would be
covered by the policies required to be rand by such Owner hereunder to the extent of
the proceeds payable under such policies.
(c) Changes in Owners Coverages Declarant shall have the right and
authority from time to time as it may dean advlsabk, to amend the types of covancs
and amounts required of the Owners hereunder provided, however that such coverages
and amounts are reasonably customary for first class office parks in New Hanover -
County North Carolina
ARTICLE Vill
SM(lon 1 Definitions For the purposes of this Article V111, the following lams
shall have the following meanings (i) 'Casualty shall item damage to or destrucum of the
Buildings or my portion thereof by fire hurricane or other casualty or sudden destructive event,
or a taking of the use occupancy or title of the Buildings or my portion thereof by an entity
excmismg the power of eminent domain in my actual or threatened action or proceeding
20 144204

g00[ PACE
Z764 0807
Pursuant to any law general or special, and shall mclnde my aindn taluog made in settlement of
any such threatared scum or promedmg (n) the "Date ofCamully" shall mean the date not
which the Casualty occ ms (m) "Proceeds" shall mean the amounts msove ed or warded as
comps nsatm or dawge on account of a Casualty rmindung nmmmes payments of
condemnation wads, Ins the reasonable coats and espemcs measured m oolkcmmg ,,h amount
Ov) Maim Casualty" shall man a Casually whereby the Buildings or any portion thereof are
totally destroyed or lakem or am an mbemmmally damaged or tdm such that it would take more
fl m 180 days frmm commeo-ousis of omobuclm until eom plebom to repair the Buildings or
Portions thereof to Weir state before such Dale ofCasumb); and (v)'Parbal Casualty" shall mom
a Casualty which is mot a Major Casualty
Ssictm 2, Maw Casual If a major Casualty occurs in soy Unit, Ikclaraml shall
reconstruct. restore, most repair the damage nnfhcted by the Casualty unless both Comdomm um
Assocu imis unanimously elect that Declarant should not rebuild, with such electron to omen
within thirty (30) days afla the Date of Casualty following written notice to the Gm and Pared
and Aur Parcel Condommum Assectabons If the Coodomrmm Associations do not class not to
rebind, the Decimates shall Roorabmct, repair and scatore the Units in accordance with the Plans
and Specnfncatrons, and all Proceeds payable with respect to the damaged or condemned Unit up
to the amount needed for such reconstruction or repair (with the exception of Proceeds payable
for the loss of personal property within each thin) shall be pad to Dwhoant In the mad the
Condominium Associations elect not to rebuild, or in the event excess Proceeds are available
from reconstruction or repair such Proceeds shall be datrnbWd by Declarant to the
Cordomnman Assowabom in the Pmrata Shares Each Condomrmum Association shall then
distribute such Proceeds to Unit Owners according to the percentages set forth for assessments in
she condominium declmatims,
In the event of a restoration alters Major Casualty the Owns of the damagd Unit shall
reconstruct, restore or repair the interim of such Unit in accordance with the Plans and
Specufiatnons, to substantially the sax condition as was contemplated upon its initial
construction, subject to all approval rights of Declarant as eel forth harem. To the extent
Proceeds are unavailable or msuficnent to accomplish the reconstruetron, restoration or repair of
the Unit, then each Owner shall find d such shortfall with respect to such Owner a UmL
Section 3. Panel Casualty If a Partial Casualty occuts, then Dedarmt shall
reconstruct restme or repair the damage in accordance with the Plans and Specifications, to
substantially the same condition as was contemplated upon its weal construction and the
Proceeds payable with respect to the insurance policies shall be used for such purpose To the
cxtent Proceeds are unavailable or insufficient to accomplish the reconstruction, restoration or
repair then each Owner shall fund such shortfall with respect to such Owner s Unit Any excess
Proceeds shall be distributed by Declarant to the Condominium Associations in the Prurata
Shares Each Condominium Association shall then distribute such Proceeds to Unit Owners
iccordmg to the pcmcntages set forth for assessments in the condominium declarations.
21 1m/20r2

GOOK PACE
27611 0888
AKTM3 E IX
(a) LhnOM The terms and provisaim of thin Dochi aboo shall be
appurtenant to, and shall ran with and bind ink m, the Property and Uinta them and
shall be binding upon and muse to the benefit of all Owners and Mortgagees of the
Property and of Units therein, and their respective heus, exeetnors, legal represmtauves,
successors and assigns, and all other parties hern9er having an interest in any portion of
the Property or Units theem and all paruea claiming by through or under them and shall
be and remain in full form and effect to the fullest extent permitted by law for a period of
twenty five (25) yeas fiom the date of film ibis Declaration in the Office of the Regrstrr
of Deeds for New Hanover County North Carolina. ILereaRc as then in form, this
Declaration shall be =tinned automatically for successive tin (10) year penods w amot
further notice and without limitation, armless terminated as provided in Sectim I(b) below
in this Article Every purchaser grantee or assignee of my interest in the properly or
Units ihaem subject to this Declaration, by acceptance, of a deed or other instrument of
conveyance therefore thereby ogees that the provisions of this Declaration shall ran with
and bind title to the Property and Units heem as provided hereby Notwithstanding
anything to the contrary contained in this Declaration. my eaemeatss granted or reserved
hereunder are and shall be papenuil and norietcdrive in nature and shall ran with the
Property and Units iheem except to the extent, if any otherwise provided in thss
Declaration
(b) MOSILOCALISIL Amendment orT allU... This Declaration may be
modified, aniemded or terminated by the remrdmg of an agre®mt of modducahon,
ameadmeat or temm ahon executed by the Voting Parties to which are allocated more
than fifty percent (50%) of the votes under Article ry. Section 1. provided, however no
modification shall be nude which further burden any Unit without the consent of the
Owner of such Unit. and the Prorata Shares described in Article and the percentages
assigned to the Voting Parties in Article IV_ Seehoe I may not be modified or in.
allowed without the unammous consent of all Owners. Notvndotandrng anything to the
contrary contained in tins Declarabon, in the event Declarant or its successors or assigns
(as Declarant) conunue(s) to own potions of the Property or our or more Units therein,
no modification. amendment or termination of this Declaration may be made without the
approval of Declarant and its successors and assigns (as Dalatmt) Any such
modification amendment or temonation of this Declaration adopted in accordance with
the provisions of this Section 1(b) shall be binding upon all Owners and Mortgagecs of
the Property or Units therein and their respective heirs successors and assigns Every
purchaser granitt or assignee of my interest in the Property or Units therein subject to
this Declaration by acceptance of a deed or other instrument of conveyance therefor
thereby agrees that the provisions of this Declaration shall run with and bind title to the
Property and Units therein m provided hereby Notwithstanding my of the foregoing, no
22 I/a2av2

BOOK PACE
=7611 0a89
modification or amendment of this Declaration may revoke my comma, appoval or
waiver properly given or granted personas to the authority of this Doclaaam
SectioII2. Fnfarcemmt Powm Any violation of that Dedanhoq whetMr m whole
or in part, is hereby declared to be a zonations: and, without insulation, Decimates or my Owner
shall be entitled to avail itself of all remedies available tmdr applicable law or m equity for the
abatement of a um once in addition to all other rights and rmodrs ad forth hereunder or
otherwise availableat law or m equity Ibis Dmlaaburi maybe enforced by puce dongs at haw
or to equity aga, the Cordommm Association, or aganst toy Owner person, firm or other
entity violating or anrnpttug to violate my covenant or covenants, either to restnm the Milliliters
Ibereof or to recover damages together with reasonable atlrneys fora and court cost: Fuurthr
in the event Declarant felt to act to enforce my covenant or resbx mn bettor. any Owner of say
Unit may enforce these reshictions u afnresrd against soy other Owner Notwithstanding the
foregoing, no enforcement of thus Declaration against a Ground Panxl Owner by an Air Pace!
Owner or vice -versa shall be undertaken except by and through the Condonumun Assn tauons
provided, however notwithstanding the foregoing. Declarant may enforce any obhpoon or
restriction in thus Declaration directly, against my Owner or against the corresponding
Condominium Association, in which case my Judgment for money shall constitute a hen against
all of the Units in the Condominium at the bane the judgment r cored, in accordance with N C
Gen Sit §47C 3 117(a)
Section 3, N Any entices, requests or other eomnrmmniations required or
permitted to be given under this Declaration shall be in wrong and shall be delivered by hand or
courier (including United Parcel Service, Federal Express and other such services) or maded by
United States certified mail relum receipt requested, postage prepaid and addressed to the last
known addressof Declarant or my Owner Any such notice, request or other communication
shall be considered given on the date of such hand or coma delivery or deposit in the United
States mail and shall be considered received on the date of hand or comer delivery or on acme
receipt following deposit in the United States mail a provided above Rejection or other refuel
to accept or inability to deliver because of changed address of which no once was given shall be
deemed to be receipt of the notice request or other communeabon By giving written whet to
the manna provided in this Section 3clfmtive on receipt or attempted delivery at the last
recorded address of Declarml or the moving Owner Dmlara t or any Owner may fiom time to
time and at my time change its mailing address under this Agreement, and may also require the
copies of notices be sent to its Mongagm Any notice, request or other communication required
or permitted to be given by Declannl or my Owner may be given by such Declarant s or
O%vner s counsel The address of the Declarant is as follows
1900 Eastwood Road
Suite 10
Wilmington North Carohna 28403
Section 4 Partial Invalidate Any invalidation of my one or more of the restrictions
set forth in this Declaration by judgment court order or statute or failure on the part of Declarant
or its successors or assigns to enforce any of said restrictions shall in no way affect my of the
23 14Qer2

BOOK PICL
276e1 0330
other provisions hereof or be deeorod a waver of the nghi to eoface such .end cuom my time
an" the violation thereof
Sections. RM&U M&L Waver Pzcept as otbawue apectfically pnivded herein,
this Declaation shall bud and more to the benefit of and be mfaceable by Deolamt and its
successes and assigns (as Declamt), and the Owner or Owners of any Unit and their respective
bars, s ecesseas and assigns. The failure of my Permit enolled to enforce this Decimmor air
any Provwai Hereof to enforce same shall not be deemed a waver of the right of any such
Person to enforce hits Declination or soy portion thereof thereafter Waver or my attempted
waver of this Declarmoa with respect to any Unit shall not be deemed a waver thereof as bo my
other Unit nor with respect to the Unit in girestiol4 as to my subsequent violation, nor shall the
violation of this Declaration with respect to my ono Unit affect the spplicabelrty or enfaecabttity
of this Declaration with respect to any other Umt(s)
Section 6. Rlehu AL%gQlg a The rights. powers, easements and reservations of
Deelarmt herein contained may be assigned to MY person(s), corpormon(s), Declarant(s) or
other legal eimly(ies) which well assume the duties of Declarant pertaining to the rights, powers,
casements and reservations assigned, and upon any such pcm*s), corporstwn(s), Dectarmt(s)
or other legal entity(res) evidencing his or its comeit in writing to accept such assignment and
assume such duties, he or it shall have the same nghU and powers and be subject to the same
obligations and duties as are given to and assumed by Declarant harem. The term "Declarant,"
as used hcmn, includes all such assegnecs. Any assignment or appointment made under this
Section 6 shall be in recordable form and shall be r000ded in the appropriate land record offices
for the junsdiction in which the Property is located, and shall not be effective unless and until se
recorded Notwithstanding the foregoing, however no person, eoipormen, or other legal entity
may be the Declarant hereof mkw such person, corporation, or other legal mbty a a Ground
Parcel Owner If at any time during the term of this Declaration there shall be no Ground Pawl
Owner willing to serve as Declarant hereunder then the Ground Paul Co dom r iron
Association shall be the "Declarant hereunder
Section T. Mortmem Protection. Subordination of irk Violation of this
Declaration shall not defeat or tender invalid the ben of my Mortgage made m good faith and for
value upon my portion of the Property Any hen created hereunder shall beiuntor and
subordinate to my such Mortgage unless a suit to enfece the same shall have been filed in a
court of competent jurisdiction prior to the recordation of such Mortgage provided, however
any Mortgagee in actual possession or any purchaser at my trustee a, mortgagee s or foreclosure
sale shall be bound by and be subject to this Declaration as fully as my other Owner of the
Property effective upon the date of acgnisatnon
Section 8 Chan of Title perch grmtec lessee or other person in mteiest or
acutpancy accepting a conveymce leasehold mtetesi or other demise of an interest in or to or in
connection with my Unit whether or not the same incorporates or refers to this Declaration,
covenants for himself or itself Ins or its heirs successors and assigns to observe and perform and
he bound by this Declaration and to incorporate this Declaration by reference in any conveyance
or leasehold estate of all or any portion of his or its interest in my real property subject hereto
24 IN2av2

Y00R PILE
276'1 0091
Section 9• AmburiYyH. lfany daerepancy, conOmt or ambigmty m fouM to exm
with respect to any -were set forth in this Declarauao, surL ambigwy, conflict or discr patcy
shall be resolved ad determined by Declarant m its sole diseratm,. Deetaant shall have the
right to mterprer the pmvismrts of this Declaration and, in the absence of an adfudtnabon by a
court of competmat3umsdahon to the contrary rtr omshuchm or mterpreWmn sball be final ad
binding as to all parsons or property bco filed or bound by the paoviaro,s ho of Any coo0at
between any coostrriclm, or rnterpretatim of Declamt and that of my other perm, or minty
cmided to enforce any of the pmwsions hereof shall be resolved an favor of the oermtriictron or
interpretation of Declarant.
SeV ion 10. No Reversionav Interest. 71m; Doclaation shall not be coastnmd as
conditions subsequent or creating a possibility of reverter and no pmvmon hereof shall be
deemed to vest in Declm ent or my other persons any reversionary mteest wrth respect to my
Unit Except as provided above, all reversionary rights are hereby expressly waved by
Declarant.
Section 11, Exoneration of Decla iit Each Owner of any Unit or my other party
interested in the Property expressly agrees that on, duty or obbgabm is unposed upon Dechown
to enforce or attempt to enforce my of the covenants or restrictions comm,ed heron, nor shall
Deelarml be subject to my labibly of any kid or nature whatsoever with respect to my third
pry as a result of failing to enforce same Furthermore, DmIaam shall have on, liability for
monetary damage to the Condcmmium Associations or to my Owns among out of the
peffommance or iron -performance of my of Declarant s duties or obligations hereunder or the
exercise or non -exercise of its rights hereunder
Section 12. Amltcable Only to Pmoaty Nothing contacted in this Declaatim shall
be held or construed to impose my resuimons, covenants or easements on any other land of
Dalarant except for the land contained within the description of the Property unless hereafter
specifically subfected by Decla int to these rrsb chons by a Supplemental Dmlarabon as
permitted under Section 2 of Article It above.
Section 13. Resubdivision No Owner may subdivide my Unit as mivally oomveycd
by Declarant without the prior written consent of Declarant, which consent may be granted or
withheld in its sole discretion, except that Units may be subdivided pursuant to the North
Carolina Condominium Act and the condonumum declarations filed to create the Air Parcel and
Ground Parcel Condominiums. However Declarant may provide for the right of an Owner to
subdivide a Unit in the dead conveying such Unit, and such approval shall remain effective for
the period of time specdred in such deed
Section 14. Governing hw This Declaration shall be governed by construed under
and enforced in accordance with the laws of the State of North Carlin
25 14a2Qv2

BOOK PACE
ARTICLE 2764 0092
Trustee and Beoeficrsty do hereby oommt to the mWouhoo Of ibis D=Wabotp and all
the tame and povamm baeof. upon the Ptopaty ad do he by sgme that no fotnelosme of
the Dead of Tent shall exbngutsh this Declaration, ad thu the pmehamm at any fitteck swe aak
held pwuumt to the Deed of Tsoat or grst I of my deed m Iieu of faaeclomae"take u Blot
to the testis of this Dedoaum
IN WITNESS WFIEREOF Dwhwa Tnuaee, and Bawfictay have aumd tbu
Dectuation to be duly exaeutd as of the day and yew first above w m
DECLARANT
LUMTN ON LLC
ey
Name- Yod Totmselb
Title Manager
BENEFICIARY
CENTRAL CAROLINA BANK & TRUST
COMPANY
By
Name .S.e..,. �_ ,G.✓�....t
Title ,fr, 1/„A Ptestdatt
TRUSTEE
SOUTHLAND ASSOCIATES, INC
By .c
Name ny.
Title , a Resident
26 144200

BOOK FACE
STATE OF NORTH CAROIINA ° 7 6 4 0 0 9 3
COUNTYOF f1e..tlla..or.w.t
1 21 a Notary Public of the County
and State aforrdnar , ofy
Uut Joel
TomavLr, Manage o STATION 4 LLC. a North Carolina hmrted babnbty
co1191101Y Poly appeared before me this day and ackwwledged the execuhen of the
foregoing instrument on behalf of said limited habit" company
Witness my hand and official seal dos 10'0 ( day of ]unc, 2000
r
[NOTARY SEAL] \_hn X11 C 5E .&l
ek 's.'"a—ma, Notary Pubbe
My comnussron expms
STATE OF NORTH CAROLINA
COUNTY OF %Jew 4454141 rL
i a Notary Public Of the State and Comely afonnatd, certify that
SLf px 11 �naaA..et pa>arul came bdae me this day and adonwlWSW dim he u
Scy..e f..�.J..,t of CENTRAL CAROIINA BANK A TRUST COMPANY a North Camlma
banking assocriamm, and that he, as"u ... Pr.s..lr..t . being authartred to do an ecenned the
foregoing on belnlfof the corporation.
WITNESS my hard and official seal this .lox day of -Suc .2000
My Commission Expires
'Ohl D3
b knit C '�it.-.
Notary Pub
27 14420,2

BOOR PAGE
STATE OF NORTH CAROLINA ? T 6 4 O u J 4
COUNTY OF Ae..r t-i3s,im -
L i1am C . Fay , a Notary Public of dm State and Camay afar®k ov4(y dot
SCr,�r tr 6 C46� tpaao W came before me Chu day and acmowioftW dot he is
V..� P,R.)r_� of SOUfHLAND ASSOCIATES, INC., a Noah Camhm ootpommon. and lba<
be, as v.0 &,s/:r..t . being autbonaed b do so, eaeeuW the foregaog on bebW of the
WITNESS my hand and offiail seal tho )046- day of ,1 u..a .2000
My Commumoat Expires
Id 1•llo3
SEAR o► tmoM CAROLMA
(iA•t7
t�i. t�
a ve'ar
Yf nTq/.Yet!
28 1"2W

BOOK PACE
FXHIITA 2764 OG95
All of thd podtm of that cation piece or pored of bard lyutg bdween a hm moohl phme
at or above an ekvabm of thirty one and 9/I Oths (31 9) fed above mean eel level as ealablubad
by United States Coact and Geadebe Survey (Nalwnd Geodebe Yabcal Dab® of 1929) and i
borvonW Plane at or below an devatmn of seventy five (7S) fad above man sea level and
wttlun the mtenor walls of the two buddL gs shown an the auvey prepared by Mwbnd N
Underwood dated June 14 2000 (reference to whrrh is hereby made and whir h u moapoated
hems by reference) and bounded and deeedbod as follows.
BEING ALL OF LOTS 1 2 3 9 10 AND 11 OF A. P SOUTHERLAND PROPERTY
AS THE SAME IS SHOWN ON A MAP RECORDED QJ MAP BOOK Z PAGE 53 NEW
HANOVER COUNTY REGISTRY REFERENCE TO WHICH IS HEREBY MADE FOR A
MORE PARTICULAR DESCRIPTION
29 1M2M

BOOK PACE
? 7 6 4 0696
EAR
Lying and being in New Hanover Coonty, North Cmohm and being more particularly
described as follows
BEING ALL OF LOTS 1 2 3 9 10 AND I I OF A. P SOU HERLAND PROPERTY
AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOOK 2, PAGE 53 NEW
HANOVER COUNTY REGISTRY REFERENCE TO WHICH IS HEREBY MADE FOR A
MORE PARTICULAR DESCRIPTION
SAVE AND EXCEPT from the abovedesrn'bed property Out portion of Out certain
pnece or parcel of land lying between a hommntal plane at or above an elevation of thirty one and
9110ths (31 9) feet above mean sea level as established by United States Coast and Geodetic
Survey (National Geodetic Vertical Datum of 1929) and a hommnW plane at or below an
elevation of seventy five (73) feet above mean sea level and wdluo the interim walls of the two
buildings shown on the survey prepared by Michael N Underwood dated June 14 2000
(reference to which is hereby made and wbtch is incorporated hernn by reference) and bounded
and described as follows
BEING ALL OF LOTS 1 2 3 9 10 AND 11 OF A. P SOUTHERLAND PROPERTY
AS THE SAME IS SHOWN ON A MAP RECORDED IN MAP BOOK 2, PAGE 53 NEW
HANOVER COUNTY REGISTRY REFERENCE TO WHICH IS HEREBY MADE FOR A
MORE PARTICULAR DESCRIPTION
30 11QOv2

�ern
RE-5ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
January 11, 2012
Mr Joel Tomaselli, Member/Manager
Lumina Station ll, LLC
1900 Eastwood Road, Suite 10
Wilmington, NC 28403
Division of Water Quality
Chades Waklid P E
Director
Subject Permit Extension, Session Laws 2009406 and 2010-177
Stormwater Permit #SW8 980502
High Density — Lumma Station II
New Hanover County
Dear Mr Tomaselli
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406 This law impacts any development approval issued
by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at
any point between January 1, 2008, and December 31, 2010 The law extends the effective period of any stormwater
permit that is set to expire during this time frame to three (3) years from its current expiration date On August 2,
2010, the Governor signed Session Law 2010-177 which grants an extra year for a total of four (4) years extension
Accordingly, Stormwater Permit # SW8 980502, which has already expired on June 28, 2009, is now in effect until
June 28, 2013 Please resubmit the renewal application and fee at least 180 days prior to June 28, 2013, which
would be December 28, 2012 A copy of the Renewal Application can be obtained from the following website
http //portal ncdenr org/web/wq/ws/su/statesw/forms_docs
If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at
910-796-7215
Sincerely
Georgette colt
Stormwater Supervisor
Division of Water Quality
GDS/dwc S IWQSIStormwater Permits & Prolects119981980502 HD 12012 01 permit_extension 980502
cc Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington North Carolma 28405
Phone [phone] FAX [phone] One
Internet ncwateiqual4org NorthCarohna
Naturally
An Equal Opportunity IARrmatrve Action Employer

Michael F Easley Governor
W0luun G Ross Jr., Secretary
North Carnbna Deliartmcat of Eavuonment and Natural Resources
Alan W Klunek, P E Director
Dimon of Water Quality
September 29, 2008
Mr Joel Tomaselli Member Manager
Lumina Station il, LLC
1900 Eastwood Road, Suite 10
Wilmington NC 28403
Subject Stormwater Permit No SW8980502
Lumina Station II
New Hanover County
Dear Mr Tomaselli
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8980502
to Lumina Station II LLC for a High Density Stormwater Project on June 28 1999 This permit expires
on June 28 2009 Section 1003(h) of 15 A NCAC 2H 1000 (the stormwater rules) requires that
applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must
be accompanied by a processing fee, which is currently set at $505 00 If this is still an active project
please complete and submit the enclosed renewal application in a timely manner If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit
rescinded If you have sold the project, or are no longer the permittee please provide the name mailing
address and phone number of the person or entity that is now responsible for this permit Enclosed is a
form for change of ownership, which should be completed and submitted if the property has changed
hands
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans specifications and supporting documentation Please include a copy of
the certification with your permit renewal request and processing fee Enclosed is a copy of a sample
certification Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215 1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day
If you have any questions please feel free to contact David Cox at 910-796-7318
Sincerely,
Georgette Scott, Stormwater supervisor
Surface Water Protec bon Section
Wilmington Regional Office
Enclosures
cc Wilmington Regional Office
North Carolina Drvisuin of Water Quality Internet ncaatenivahir ore ne Cazohna
127 Cardinal drive Extenson Phom (910) 7967215
Wilaangton, NC 29403 Fax [phone] almnally