SW8070303_Historical File_20190723

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
July 23, 2019
NORTH CAROLINA
Environmental Quality
DR Horton, Inc.
Attn: Brad Brundage, City Manager
1341 Horton Circle
Arlington, TX 76011
Subject: Approved Minor Modification and Mailing Address Change
Stormwater Permit No. SW8 070303
Overlook at Middle Sound
New Hanover County
Dear Mr. Brundage:
On May 16.2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources received and accepted a complete minor modification application for changes to the
built -upon area allocations made under Stormwater Management Permit Number SW8 070303. It
has been determined that the nature of the proposed change meets the definition of a minor
modification in that it does not result in an increase in the size of the permitted stormwater control
measure (SCM) and does not increase the net amount of built -upon area.
The following minor modifications are included and covered by this permit:
I. Reallocates a total of 586 sf of the previously permitted 7,100 sf future allocation to Lot 34
and Lot 35 in Drainage Area #2. Lot 34 is now limited to a maximum BUA of 4,116 sf and
Lot 35 is now limited to a maximum of 4,470 sf. The future BUA allocation within DA #2
decreases to 6,514 sf.
2. Documents a mailing address change for the permittee.
We are forwarding you an approved copy of the modified plan sheet C1.2 Overall Site Plan (with lot
numbers) for your files. Please replace the old approved plan sheet with the new one attached;
replace the previously issued permit with the revised permit, dated July 23, 2019, attached, which
includes the revised deed restrictions; and replace old Page 3 of 6 of the application, with the
updated Page 3 of 6 attached. This revised permit does not impose new or different terms; it
merely restates some of the previous terms to provide you with a better understanding of your
obligations under the permit.
Please be aware that this modified permit requires that Article XII, Section 12.2 of the deed
restrictions recorded on November 19, 2014 in DB 5852 at PG 189 of the New Hanover County ROD
must be amended to reflect the new BUA allocations for Lots 34 and 35.
Please also understand that the approval of this minor modification to the subject State Stormwater
Permit is done on a case -by -case basis. Any other changes to this project must be approved through
this Office prior to construction.. The approval of this minor modification does not preclude the
permittee from complying with all other applicable statutes, rules, regulations or ordinances which
may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to
construction.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
e��—D,E Q Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
rromr� raAa�ran
910.796.7215

State Stormwater Permit No. SW8 070303
Page 2 of 2
If you have any questions concerning this matter, please do not hesitate to contact meat (910) 796-
7215 or via email at linda.lewis(@ncdenr.gov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Enclosures: Modified Permit
Updated Application Page 3 of 6
Attachment B - Revised Built -Upon Area Allocations
GDS/arl: G:\\\Stormwater\Permits & Projects\2007\070303 HD\2019 07 permit -minor 070303
cc: John Richards, P.E. Thomas & Hutton (611 Burroughs & Chapin Blvd. Ste. 202 Myrtle Beach SC 29577)
New Hanover County Building Safety Department
Division of Coastal Management
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit No. SW8 070303
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
DR Horton, Inc.
The Overlook at Middle Sound
3210 Middle Sound Loop Road, I/ViImington, New Hanover County
FOR THE
construction, operation and maintenance of two (2) wet detention ponds discharging to
Class SA Waters in compliance with the provisions of Session Law 2008-211 and 15A
NCAC 2H .1000 (hereafter separately and collectively 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 and
considered a part of this permit.
This permit shall be effective from the date of issuance until March 26, 2021 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The subdivision is permitted for 42 lots, each allowed a maximum amount of
built -upon area as follows: Lots 1-33 and 36-42 @4,000 square feet; Lot 34
@4116 sf; and Lot 35 @4470 sf.
3. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.8 of this permit. The runoff from all built -upon
area within the permitted drainage areas of this project must be directed into the
permitted stormwater control systems. The wet ponds labeled as Pond 1 and
Pond 2 have been designed to treat the runoff from 185,600 and 150,000 square
feet of built -upon area, respectively.
4. The maximum built -upon area allowed for the entire subdivision is 335,600
square feet.
5. The drainage areas will be limited to the amount of built -upon area indicated in
Sections 1.3 and 1.8 of this permit, and per approved plans. The built -upon area
available for the future development within the drainage areas of Pond 1 and
Pond 2 is limited to 8,800 and 6,514 square feet, respectively.
Page 1 of 8

State Stormwater Management Systems
Permit No. SW8 070303
6. A 50-foot-wide vegetative buffer must be provided adjacent all surface waters,
measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of both sides of streams and rivers and the mean high
water line of tidal waters.
7. The volume in excess of the design storm must flow overland through a level
spreader and 50 foot vegetative filter strip, designed per NCAC 2H.1008 (f) to
pass the peak flow from the 10 year storm in a non -erosive manner.
8. The following design elements have been permitted for the wet detention pond
stormwater facilities and must be provided in each respective system at all times.
Pond 1
Pond 2
a. Drainage Area, acres:
9.91
7.50
Onsite, ft :
431,700
326,700
Offsite, ft :
0
0
b. Total Impervious Surfaces, ft :
185,600
150,000
Onsite, ft :
176,800
143,486
Future, ft:
8,800
6,514
Offsite, ft:
0
0
c. Design Storm inches:
3.8
3.8
d. Average Pond Design Depth, feet:
4.0
4.5
e. TSS removal efficiency:
90%
90%
f. Permanent Pool Elevation, FMSL:
6.5
7.2
Permitted Surface Area OPP, ft :
21,750
23,900
h. Permanent Pool Volume, ft
77,206
96,836
i. Forebay Volume, ft :
15,570
19,736
j. Temporary Storage Elevation, FMSL:
8.6
8.8
k. Permitted Temporary Storage Volume, ft :
55,393
45,479
I. Predevelo ment 1 r-24 hr. discharge rate, cfs:
1.83
5.69
m. Controlling Orifice:
3.0"0 pipe
3.0"0 pipe
n. Orifice Flowrate, cfs
0.19
0.17
o. Maximum Fountain Horsepower: 1
1/4
1/3
Re ;eiving Stream/River Basin: I
Pages Creek / Cape Fear
q. Stream Index Number:
18-87-22
r. Classification of Water Body:
SA, HQW
The discharge from all wet ponds must be directed to a secondary BMP. The
following design elements have been permitted for the required secondary BMP,
dry detention basins, and must be provided in the system at all times.
Dry Pond 1
Dry Pond 2
a. Basin Bottom Elevation, FMSL:
6.0
7.0
b. Sediment Storage Elevation, FMSL:
7.25
8
c. Storage Elevation, FMSL:
11.0
10.8
d. Sediment Storage Provided, ft :
16,278
12,384
e. Water Volume Provided, ft :
63,270
45,731
f. Controlling Orifice:
2.5" Q1 pipe
2.5" D pipe
II. SCHEDULE OF COMPLIANCE
No person or entity, including the permittee, shall alter any component of the
approved stormwater system shown on the approved plans unless and until the
Division has approved of the revised plan.
2. The permittee is responsible for the routine monitoring of the project for
compliance with the built -upon area limits, grading and storm drainage system
established by this permit, the permit documents, the approved plans and the
recorded deed restrictions.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 070303
3. The permittee shall review all individual proposed and modified lot plans for
compliance with the conditions of this permit. The permittee shall not approve
any lot plans where the maximum allowed built -upon area has been exceeded,
where the revisions to the grading or to the storm drainage system are
proposed, unless and until a permit modification has been approved by the
Division.
4. The permittee shall notify any lot owner that is found to be in noncompliance with
the conditions of this permit, in writing and shall require remediation within a
reasonable time frame.
5. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
6. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
7. All stormwater collection and treatment systems must be located in either public
rights -of -way, dedicated common areas or recorded easements. The final plats
for the project will be recorded showing all such required rights -of -way, common
areas and easements, in accordance with the approved plans.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
aooroved Dlans and specifications must be noted on the Certification.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below-
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
C. Further development, subdivision, acquisition, or sale of any, all or part of
the project area, as reported on the application.
d. Alteration of any aspect of the approved stormwater runoff collection
system and/or the approved stormwater BMPs.
e. The construction of built -upon area within any permitted future
development areas shown on the approved plans.
f. The construction of areas of #57 stone, permeable pavement or certain
landscape materials for BUA credit.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 070303
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at design condition. The approved Operation and Maintenance
Agreement is incorporated by reference into this permit and must be followed in
its entirety and maintenance must occur at the scheduled intervals.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
14. The facilities shall be constructed, operated and maintained in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by
Division personnel. The project and the stormwater facility must be in substantial
compliance with all permit conditions. Any items not in substantial compliance
must be repaired, replaced or restored to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
16. If the permanent pool volume is greater than 30,000 cubic feet, a decorative
spray fountain will be allowed in the stormwater treatment system, subject to the
following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
C. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in Pond
and Pond 2 is 1/4 and 1/3 horsepower, respectively.
17. The permittee shall amend and record modified deed restrictions to address the
changes to the BUA limits for Lot 34 and Lot 35, as per the amendment
procedures prescribed in Article 17, Section 17.3 of the previously recorded
covenants found in DB 5852 at PG 189, within 60 days of receipt of this permit.
The permittee shall submit a copy of the amended and recorded deed restrictions
to the Division within 30 days of the date of recording the plat, and prior to selling
Lot 34 or Lot 35. The recorded copy must contain all of the statements as set
forth in Condition 11.19 of this permit, the proper references, the signature of the
Permittee and any affected lot owners, the deed book number and page, and the
stamp/signature of the Register of Deeds.
18. The permittee shall submit a completed "Permit Information Update Application
Form" (available on the Division website) to the Division within 30 days to making
any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 070303
19. Prior to the sale of any lot, the permittee shall record the following deed
restrictions:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 070303, as issued
by the Division under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division.
f. The maximum built -upon area per lot is as follows: Lots 1-33 and 36-42
@4,000 square feet; Lot 34 @4116 sf, Lot 35 @4470 sf. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters,
which drain to the pond or to the street, grading the lot to drain toward the
pond or street, or grading perimeter swales and directing them into the
pond or street.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to all
surface waters, measured horizontally from and perpendicular to the
normal pool of impounded structures, the top of bank of both sides of
streams and rivers and the mean high water line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of
the stormwater management permit or the requirements of the Stormwater
Rules is subject to enforcement procedures as set forth in G.S. 143,
Article 21.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
"Permit Transfer Application Form" (available on the Division website)
accompanied by the required fee and supporting documentation as listed on the
form, to the Division at least 60 days prior to any one or more of the following
events:
a. The sale or conveyance of the project area in whole or in part, except in
the case of an individual lot sale that is made subject to the recorded deed
restrictions and protective covenants;
b. The assignment or conveyance of declarant rights to another individual or
entity;
c. The sale or conveyance of the common areas to a Homeowner's or
Property Owner's Association, subject to the requirements of NCGS 143-
214.7(c2),
d. Dissolution of the partnership, corporate, or L LC entity, subject to NCGS
55-14-05 or NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 070303
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves a request to transfer the permit. Neither the sale of
the project, in whole or in part, nor the conveyance of common area to a third
party constitutes an approved transfer of the permit.
3. Any person or entity found to be in noncompliance with the provisions of a
stormwater management permit is subject to enforcement procedures as set
forth in North Carolina General Statute 143 Article 21.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, the Permittee shall take
immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management
systems.
6. The permittee grants DEQ Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. The permittee shall maintain a copy of
the permit, O&M agreements, and the approved plans on file at all times.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit. The renewal request must include the
appropriate documentation and the processing fee.
Permit modified, updated and reissued this the 23rd day of July 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of nergy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 070303
Page 6 of 8

State Stormwater Management Systems
Permit No. SW8 070303
The Overlook at Middle Sound
Stormwater Permit No. SW8 070303
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8

State Stormwater Management Systems
Permit No. SW8 070303
Certification Requirements:
Page 2 of 2
The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 8 of 8

DEMLR USE ONLY
Date ec
ived
Fee Paid
Permit Number
j(a
ScJ�S D7o o'
0
STORMWATER PERMITTING FORM 7: M
MINOR MODIFICATION
Standard Permitting Program — No Fee for Minor Modification MAY 16 2019
Express Permitting Program — See Express Fee Schedule BY:
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.govlcontactlre.gional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCAC 02H .1002. a minor modification is a change to the project that.
1) does not increase the net built -upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 070303
2. Current Permit Holder's Company Name/Organization: DR Horton, Inc
3. Signing Official's Name: Brad Brundage
4. Signing Official's Title: City Manager
5. Mailing Address: 1341 Horton Circle
City: Arlington State: TX ZIP: 76011
6. Street Address (if different): :
City: J State: ZIP:
7. Phone: ( ) Email: BC 6t' in i geadr"h0rhx) . com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section 1V.10 of the original application, if needed):
B. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark W" if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan, sheets).
Y 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
N/A 4. If applicable, the appropriate Express review fee.
Stormwater Permit Form 7: Minor Modification Page 1 of 2 July 14, 2017

C. CONTACT INFORMATION
1. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name:John H. Richards, PE
Consulting Firm: Thomas & Hutton
Mailing Address:611 Burroughs & Chapin Blvd, Suite 202
City:Myrtle Beach
Phone: [phone]
Email::hussey.i(a-)-tandh.com
State:SC Zip:29577
Fax: [phone]%5
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:N/A
Organization:
Mailing Address:
City:
State: Zip:
Phone: ( ) Fax: I )
Email:
D. CERTIFICATION OF PERMITTEE
I, Bradford C. Brundage, PE , the current permittee, certify that I have authorized the minor modifications listed
in Section A and shown in the attached revised plan sheets. I further attest that this information is accurate and
complete to the
Signature
1, WIS Z
County of
personally appeared
acknowledge the 0i
(Notary Seal)
Notary Signatu
My commissioi
my knowledge.
C
. .5-- ?--C -
a Notary Public fo t S of 1/\
do hereby certify tha
the �'j�- '
day of , 20 , and
)e forgoing instrument. Witness my Aand and official seal,
NOTA/?), al- /-
ECEIVE
,
MAY 16 2019
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6, 2017

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Burd, Tina J
From: Hussey, Ida <[e-mail]>
Sent: Monday, May 20, 2019 5:04 PM
To: Burd, Tina J
Cc: Richards, John; Brian Kaiser; Waisgerber, Sharon
Subject: [External] 24039.0001.500 RE: SW8 070303 The Overlook at Middle Sound
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
re ort.s am nc. ov
�,CBrundage0a drhorton.com
[e-mail]
PWahl,:drhorton.com
IEFIannery(i�drhorl'on.com
. A HUSSEY Permit Coordinator
THOMAS & HUTTON
843-839-8435
[e-mail] PLEASE NOTE MY NEW ENTAIL ADDRESS
611 Burroughs & Chapin Blvd., Suite 202 ; Myrtle Beach, SC 29577
vC rd ; Website ! Linkedln ` Facebook Twitter 1 Instaaram
From: Burd, Tina J <Tina.Burd @ncdenr.Gov>
Sent: Monday, May 20, 2019 4:36 PM
To: Hussey, Ida <[e-mail]>
Subject: SW8 070303 - The Overlook at Middle Sound
The Wilmington Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the
Stormwater Permit Minor Modification Application on May 16, 2019. The project has been assigned to Linda Lewis and
you will be notified if additional information is needed. Please be advised that the construction of built -upon area may
not commence until the Stormwater Permit is issued.
The application did not reflect an email address for the applicant. Please provide an email address for the owner (per
15A NCAC 02H.1042(2)(a)(vii) & (xi)) so that we can notify him/her of this status.
Best Regards,
Tina Burd
Administrative Associate II
910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405

Application Compiete6eess Rev'' evict Checkiist
Project Name: jV2��p�i c; - � ci o -� Date Delivered to WIRO:
66 RIMS Received/Accepted Date =
Project County/Location: *RIMS Acknowledged Date:
Rules : ? ! -- - �--,
O 12017 Coastal 2005 Coastal �1995 Coasts Phase it ®Universal 1988 Coastal
Permit Action: New Major Mod inor Mod Renewal / Transfer "•ocwf -pert
7permit Type: HD / LD / LD Overall / HD &LD Combo
/ / Exempt
�Generai Permit Offs;te xem t /Rescission ! ?E Cert on File?
ram,
SCM Type(s): �!r=_�e to SW8:
Development Type: Co mmercial / Residen-dal / Other E]Master PE Cert on Nie?
Subdivided?: Subdivision or Single Lot
For T.-ans"'a'''e,d P effmd's is: � Stream Class:
Property Owner(s) iT_;%Developer Lessee L=JPurchaser H.CA _ `SA ^Jiap ORW Map
s� crvJC Ernailed
i Supplamenr(s) (1 original per BMP)
01,KA6 i,Y!th correct/original signatures (I original per Beep except LS/VFS cr7c` swales)
_ Ocation with correct/original signatures
MCorp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report
®$505 (within 6mo) Check#(s):
D, Soils Report: w/SHWT or General ReportCalculations (signed/sealed)
IDeed Restrictions, if subdivided:
'__ T*Signed & Notarized Template
]Correct Template (Comm/Res & H
Recorded Covenants
Email Address: Design Enlrineer
❑Email Address: Property Owner
Deed
_Email Address: Lessee
Lease Agreement
Email Address: Purchaser
Purchase Agreement
Email Address: Developer
J o;ail Addeess: HC:> Representative
Recorded Plats ❑50% or more Lots Sold
Project Narrative
U5GS Map
Pl!ans
^�2 Sets I,Wetlands: Delineated or No Wetlands
'LA.Vicinity Map Project Boundaries
F7Legend ®Layout (proposed BL A dimensions)
7DA Maps ED
Details (roads, cul-de-sacs: curbs, sidewalks, BMPs, Buildings, etc)
_:
1,Exist ng Conditions ®Landscape Plan
i; "aGradin EI PE Seal
i_ g
REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet
*FOR NEW Projects -Enter New Permit # on
j Supplements & Deed Restiction Tern. n!a_es.
G:WQ\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist 2013 03 13

Triumph Development, LLC
TRANSMITTAL
NCDENR, Stormwater Division
ATTN: Linda Lewis
10 S. Cardinal Dr.
Wilmington, NC 28403
7:
MAY 16 2019
May 15, 2019
Please find enclosed a Minor Modification Permit Application for SW8 070303, The Overlook at
Middle Sound.
Included are two printed copies plus the full application on CD.
If you have any questions or issues, please contact me directly to assist.
Thanks,
Brian Kaiser
[e-mail]
910-899-0555
Project Development — Construction
1VCGCI, # 77536

Burd, Tina J
To: [e-mail]; [e-mail];
[e-mail]
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) has
accepted the Transfer Application and $505.00 fee for the subject project on November 16, 2018. The project has been
assigned to Linda Lewis and you will be notified if additional information is needed. Please be advised that the
construction of built -.upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate ii
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
.01 IW�
z:::�-DE
,;t `' sl�rsr�dert;� Ito and from +his address is subject 10 trie
�.' i; Pi)b'Jir.. kern FJ:S Law a? 117d y 7F; h:'sU].°�8(.i fi th'C[7 r3 7les.

Application Completeness Review Checklist
Project Name: '� /ydK . - /'Y tzdc (Soc—R_J Date Delivered to VVIRO: LLD Lr C�
Project County/Location:
raperworK Emailed Engineer on:
BIMS Received/Accepted Date:
"BINIS Acknovilledged Date:
b
ment(s) (1 original per BMP)
with correct/original signatures (1 original per BMP except LS/VFS and swales)
Z
®Application with correct/original signatures
Corp or LLC: Sig. Auth. per SoS or Signature Authorization ;eater or report
® 505 (within 5mo) Check#(s): Cpc/ F as []No Fee
®Soils Report: w/SHWT or General Report
®Calculations (signed/sealed)
®Deed Restrictions, if subdivided:
*Signed & Notarized Template
or Dec. Covenants
Covenants
corded Plats ED5o% or more Lots Sold List
Project Narrative
❑USGS Map
®Emi,il Address: Design Engineer
':•nail Address: P er
E]Deed
®Email Address: Lessee
Lease Agreement
Email Address: Purchaser
Purchase Agreement
Email Address: Developer
EDnail Address: HOA Representative
Plans
1:12 Sets Wetlands: Delineated or No Wetlands
®Vicinity Map Project Boundaries
❑Legend Layout (proposed BUA dimensions)
MDA Maps F—]Details.(roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
®Existing Conditions r 11-andsca-pe Plan
Grading E]PE Seal
REVIEWED HAM�E: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet
"'FOR NEW Projects -Enter New Permit # on
Supplements & Deed Restiction Templates.
was ��A dIN �\atd un 1 rnod
W�VJXI-d _1 �231201�
G:WQN\\Reference Libra ry\Procedures\Check:lists`•,Cc.,iipleteness Review Check:ist 2018 03 13

Trigomnh Development, LLG
TRANSMITTAL
NCDENR, Stormwater Division
.LV J. - I UI �aiv�-
Wflniipgton, NC 2M3
November 2, 2018
'� D, -(-D r 2a
VE-
NOV 0 2 2018
Please find enclosed a State Stormwater Permit Tpnsfet Application for S1i118 070303, The Qverioaok at
Middle Sound.
Included are two printed copies plus the full. applkation on CD, along with the req.tired.fee of $505.00.
If you have any questions or issues, please contact me directly to assist.
Thanks,
Brian Kaiser
11�
[e-mail]
910-899-0555
RECEIVE�
NOV 18 2018
ar
Project Development — Construction
NCGCL ## 77536

�irvh {YL�J• rye L P VPA
Prepared by:
(without title examination)
Michael & Ganiey, Attorney,
i3agweit e-vi S:A kb P.A.
Attn: Michael R. Ganley
313 Cloister CCU,% Suite 200
Chapel. Hill, NC 27514
Return ta. ^Grffl 0
NC ITI CAROUNA
NEW HANOVER COUNTY
PK; RB 6115
PG. 2768 - 2770
FEE $26.00
20I"C
��
.RECORDED:OO
Ala
MW HARIt31iER 0 U�,
Ys+ WMY a 06S0K I EY
+ox:2a aox.so.no
REGISTER OF DEEDS
8Y: SSE rEIiEZ
DEPUTY
ELECTRM ICRLLY RECORDED
Excise Tar. $4.00
1'Wce1ems: See amiched ht sit t4.
NI-W-WAMUNTY DWD
This Non -Warranty Deed is made(." 1911 , 2018, by and between D.R. Horton, Inc., a
Delaware corporation with an address, of 1 t2l Military Cut-off Road,. Suite. C-322, WiWington, NC 28405,.
hereinafter called "Grantor," and The Overlook at NEddle Loop Sound Homeowners Association, a North
Carolina non-prout corporatim, witty an aaarm or I tt.2r Mi.ntary Coto l Road, Suite C-3322,. WlEtniag%f , NNC
284-5; 3erefae* card "Cr.�e."
Grantor, far and in cans�e est�ii c�� l�ae sm e Tely Derr s ewd 01 andva Date ps3&r0;,i i
by Grantee, the receipt of which is hereby acknowledged, has given, granted, bargained, sold and conveyed, and by
these presents does give, grant, bargain, sell and convey unto Grantee, its successors and assigns, in fee simple, those
=parcels of.WW lmated .in NewMinewr Cewrrty, Nti.*h Cwalio; 3as +deswAW in EAMt A atladiod hereto ,and
incorporated herein by reference.
A :. crr *a.os. it" :; e : s ci'' -arm: ' ,r :c .a�eya 3erew er sR4. ra.+at "st�ehu fhe I?rimary reslet ee of
Grantor.
TO HAVE AND TO HOLD the above described parcels of 'land and all rights, privileges and
appurtenances thereunto belonging to Grantee in fee simple.
Grantor makes no warranty, wgwcss or isepfied, as to 16M to thu. powl: of lamd.comoyed .
ECEIVE
Nov 16 20%
BY:
Submitt"-.eIectrt)nirca:ii'y by "6a �► a0l.t-'srirrth P--A.,
erg> sal i aJJ,Ce W`i V1 :Vort- .Caro) 5 . _:,-es yx $►r�r. i .,r ��x•r>��.�7� �,�rlrff:. r.r,
and tame t^Lerms of the suramitter agreemaet witm the new Hanover county Register of Deeds.

Vook Vage ZM
WITMW WMUOF, Gr IN for zaumdAk-A ia&Ww=ntU) be exeeiAed in its corporate naine by its duly at
authorized City Manager, the day and year first above written.
a Delaware cote Lion
By:
-C.Leiwme, City Manager
couNTY or.
I certify that the following person personally appeared before me this day, acknowledging to me that he
signed the foregoing document as City Manager on behalf of D.R. Horton, Inc,, a Delaware corporation. MichaelC.
Loiacono.
Date:
Official Signature ofPublic
say% r(dnAer-V (;0 f;fi c j, a I S
N01SY'$,Pnated,m• Typed Name, Notary Public
A0
My commission anqAr= a4L -746 Y
*OTAR-k

Book 6115 Page 2770
IEWNWT tit
Tract I:
T3E.-iNCi aii of those, .paweis iakW "OPEN S?ACEp WCOWWON AK,* -A DRAWAGE
.1 - ' ' 6 -AA. -� f (ACU!VE) OAR A04" SPAa- U60MU -& Akft-A A,�?.
EASEMENT (ACTIVE) 1.18 ACC" and "OPEN OPEN 3/ COMMON AREA DRAINAGE
Y-Zmsecv a ileaAX4. .a- av zv.59 Aagm 394 dwmgh 399, imimive, New iiewvor Cmmty kv4isW af Deeds.
Parcel ID: RQ44Q&0@4-@0&-0W
Tract 2:
3 N-G a = -.of hose parcOs `W)6W, "CUWN! SPACE 41C0-V—WK—)X AREA OR WAGE
EASEMENT (FIASSWt)'2.23 AQV'aad "OPEN SPACE 51 COMMON, AREA DRAWAGF-,
EASEMENT (PASSIVE) 6.95 AC+-" as depicted in plat mcorded at Map Book 61 Pages 218
mmAmman 22f1, . �.IWGW 7ver mmy vWg1251v1• Lmvus.
k0000.004-004-001.

C201432400194
-SOSID: 1413200
mate �I�: I1l�1�14 �:Ia6.�i �'M
North Carolina Secretary of State
C2014 324 001"
- Pursuant to Chapter 55A of the General Statutes of North Carolina, the undersigned does hereby
submit these Articles of Incorporation for the purpose of forming a nonprofit corporation.
L Tlie.name Of the corporation is: The Overlook at MMd a SmmdLeopHawe rs
2. The period of duration for the corporation shall be perpetual.
3. The general purpose of the corporation shall be to take any lawful actions desirable to promote and
to P~ the enjoyment andbeneficial :use and ownership of all townhome properties in that
community known as the Overlook at Middle Sound Loop subdivision located in New Hanover.
`ice+, Noah carolm. spomfic6diesaid p omm OfThe corpormw A" be as setfurfli ia&e
-create income it stributable-to-its members, directors -or off't=s. No part ofthe net earnings of the
rorporataora shall. -Jame to 6e lit of. a tabs , 'DffiQCrs,,0r 10 any odw peen,
ae=ept#dw d w corporAlion shidl be;madwrind and emp&wend to pay rcasorg d&comp erat for
services rendered and to make payments and distributions in furtherance of the above stated
purposes.
4. In'the event of dissolution of the corporation, the residual, assets of the corporation shall be
diwibuted to a • t vet ilar to the oft . or to
'*r f ;s t� vi ap sd o e t#ette Statutes of North
Carolina.
5: The corporation shall have members.
6. The street ad4ress of he initial pfmcipol office:
1805 Oak Street
Hora3+C0unty, South Carolina
7. Tlge rw= of the initial regiswed`agent and stet adder and minty of the initial registered
office of the corporation is:
CT Corporation System
150 Fayetteville Street.
Bf%x 1411
Raleigh; North Carolina 27601
Wake Ccnmly, North Cmalina
The number of the persons constituting the initial board of directors shall be four (4). The name
WA ad*m of the ia*w �direcws are:
Marie L Bwaeu
t.
Mount Pleasant, -SC 29464 M
An6ayN(Ills .mECEIVEW
-503 Wando Park Blvd., Ste. 200 NOV 16 M3
Mount Pleasant, SC 29464
Libby Sheahm BY:
Mount Pleasant, SC 29464

Todd Gardner
SO Wandv Park 13Tvd:, Ste. 200.
Mount Pleasant, SC 29464
9. The name and address of the incorlaarar is.
11.I CloisterQ., Ste. 200
Chapel ifill, NC 27514
This the �°� 'h day of JR2,2014.
(Z
A Crow _

The Overlook at Mfildte Sound Loop Homeowners Association
Lot Nurnber. Address
Owner
Date.
Recording
$ f0 E3veriook dr.
Thomas
f.�7.17
6fj3-1S5#
2:113 Overlook Dr
Teams
3-29.17
6i1*-2.m
3 117 Overkmk Dr.
Sklens
3.7.16
59534597
4 121 Overlook Dr.
Rasmussen
12.31.15
5940-2530
5 125 Overlooi Dr.
`Lam
7:28AS
5907-0737
6 129 Overlook Dr.
Krueger
8.27.15
5914-0530
7.:133 Ovedo6kDr.
8 137 OverloA Dr.
Ancuia
1D.12.17
6095-7ft
9.141,0v*WJook. Dr.
MAIM31MWO
.6-13.1:6
5977-2094
10 145 Overlook Dr.
McWbon
3.30.16
5958-2684
11 149 Overlook Dr.
Sklens
9.30.15
5922-0367
12 153 Overlook Dr.
'Vernon
&.17.16
5994-1417
13 157 Overlook Dr.
Bowles
9.11.16
6003-1833
14 161 Overkxok Dr..
Merriman,
7.15.16
5986-0.587.
1t 165 Overlook i]r.
Hew elf
fti:27.16
6013-6462
16 1.69 Overlook Dr.
Nelson
3.6.1.7
60414700
17 173 Overlook Dr.
Irving (Trust)
9.30.16
6006-1908
18 177 Overlook Dr.
Esparza
12.8.15
5936-0160
191-1,81 Overlook Or.
Allen
5.1:1AS
5969-0971
20 220 Ovberlook Dr.
Gruodis
11.30.15
5934-1291
.2122.16 Over'lodk'Dr.
'Uoyd
13-24.15
5933-191.4
22 232 OverioD iir.
Barton
3.3.16
5952-2"567
23 2090verlook Dr.
PLOW
11.23.15
5933-0251
24 1031 Bent Blade Ln.
Sieber
8.23.17
6093-0624
25 1035 Bent Blade Ln.
Bjernudd
8.30.16
5997-2645
26 1039 Bent Blade tn.
Farmer
6.2'2.f7
6068-f957
27 1043 Bent Blade Ln.
Brock
4.27.17
6054-1422
2.8 1047 Bent Blrad'e.L-n..
Carrn0ael°
7.24..16
5990-0222
29 150i Timberfield Ct.
x=
06WHO
zA.17
60'33-9g$
30 1505 Timberfield Ct.
8°rft'e
1.12.17
6030--274
31 1509 Timberfield Ct.
Siegel
9.20.16
6002-2858
32 1513 Timberfield Ct.
Foo
4.3.17
6048-1787
33 1517'T4mberfleld Ct.
Graham
6.16.17
6067-264
34 1521 Timberfield Ct.
Sabbeth
9.30.16
6006-2253
35 :1528 rMbeffidd CL
GrU0&s (Trust)
9_30-16
-2248
36 3524 -hmbeAelif d.
'league
2.24.17
6019-1478
37 152-0 TimberfieldCt.
Brewer
1.26.17
6033-611
38 1516 Timberfield Ct.
Connor
8.19.16
5995-1196
39 1512 Timberfield Ct.
Blair
1.31.17
6034-662
40 1508 Timberfierd Ct.
Mudge
12.iS.17
610' Gfo
41 1504 Timberfield Ct.
Silva
11.14.16
6016-2868
42 1500 TirnberfleAd.Ct..
Loversor
6.30.16
5992-1309¢

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64R:F�RL! Of DEEDS
CfdiJ1VTY 1
21D14031911 2414 HOV t.919 34 52 AN
9K59K394 FEDSU0.
MAP INS ISTRMI 13121011
'he- Overbook. A-f KoW le ,S o ug�j
Y
Type of Map: Ll--� Subdin Piet
Condo
fdo""Y
c iq fa98($) — 9
Number of Pages I
ar -:Bvt
-- 00�

NTY.'
�qz�
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
16 ORTM SECM STREET
VVIWAUMUMAM
Book: PLAT 58 Page 394-398
Document No.: 2014031011
9 PG $64.09
Recorder. HUGHLEY, CAROL
S#a!o of No. tl Cwry m Cownly *14fe►er llwwm
PLEASE RETAIN YELLOW TRAILER RAGE WITK [iRIG(KA(- 00CUTENT.
*20140�1011*
2014031011

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some 61 kacl-- 221-
TAM, MY THEUSM,
BEASLEY New, H-anGver County
Regig" of Dec&
Re ister of Deeds
9
M6 NOMM SECOTSM STMET - WnKMCTO-N, 19ORTH GUIOLMA 2M(n
Telephone [phone] e Fax [phone]
P- , W -1
��f4;c- Isyk f-vt
State of North Carolina, County of NEW HANOVER
Lled Irb-c 9941-strat-ton: 02/29/2-0-116 10-'04:5a M
Book: PLAT 61 Page-. 218-221
4 -PGS 463.00
Real -Property $63.00
Recotdar: CAROL RUGHLEY
DoewmBnt No: 2016005466
DO NOT PM&OVE!
This aartificati= aheat is a vital part of ycuz rec=ded dccmo=t. Please X-atain vith oxigAnal document and submit
when re-remarding.
r-n4w,
PG1 21&221
FWAXPAW.
02-29-2016
201mosm NGFEESMOO k
NEW HANOVER COUNTY, NC
10:06:58AM
TAMMY THEUSCH RFASLEY
WCAwulmmev
0EPUTY

State Stormwater Managment Systems
The Overloa at Mkift Sound
GtDmvmzJsr Pamd k4o. M", 070303.
Ne r Cgun
'Poge I'Of 2
the Stgft of Now Carorma, hqvM heart *m0mited to obseri* (t-*fioftaftyAyeekIyftP.
time) the construction of the project,
awl, - UW0 fti, io ft
-for . PRIJOnali, inc,
best of my abilties, due care and: diRpnee was used in the observation of the project
constmd1on such that the wntruction vm observed to be bWtvvdmn star"
ce-y",plisice 9M. Intent of the appmed plans and specAcations.
The checklist: of item on page 2 of UJ& form . Ls a part of . this Certfficaton.
Noted deviations from approved. plansand spec lifications:
• SEAL
PP�V.ro�m Numtmr
Date. !P,
THOU"
&
00.
Page 9 of

State ftrmwater Mane men# systems
Wit'I!a.. SM 07M.0 .
ei age 2
I, The dt irra � -ea to the ystam tx�r>tFft appr*-x=x'tefy the r
acre!.
The area
to the sternfit�airts more than pertnttti
Alt .a WA*&,
Alf.the ktttiit-upon area. associated with the project is graded such that the.
runoff dralm to the system.
e!e krmski*k " tKe r�ne its. a. !!ft tl►e a. ..�.
The out.let/bypass structure elevations are per the ap roVed plan..
I . The Ou t:structure is k34=W per the approved. plaris.
7. Trashrack.is. ProWded on the outWbypass abuoture.
} . 9, Vegetated slopes .are no steeper than 3:1,
1 , The mists are xxawd.die' we apprwed � lam and 4o not cauft shout
circuding of the system.
.�..V 1. . 1hepre. -..- Mad .Mm.'auft- o ` -, ft=F M'i1.6%'a t1 VI . YvW:R1=0 l wX been,
,.,,, _#2. Required drawdori. devices: are correctly sb-,ed per Um approved plans,
1Fr.R 134 A#.reqWmd F " Y i :.depths are. pFovided..
, 14. Allfaquiredof the w1stem are provided, ;such as a vegetated sly, a
.`%r." .. ,r�o, .....
-. � yy. .. . i, ti- .:. x. ,Y. � .. �:. ..-. .• >....'ti ...'ry t'.5..�-�,� .� 'y?47u"'. .t
Plan.
Ot
cc: NCD.ENR-DEM.LR Rew Tim
p eg:-toof 10

FOR REGISTRATION REGISTER OF DEEDS
TANNY THEUSCH BEASLEY
NEW HANOVER COUNTY NC
2014 NOV 19 R 16 41.AN
9K 6962 PG 1&239 FEE $166 00
Prepared By and Return To- Declarant
Declarant's Address- 503 Wando Park Blvd., Ste 200, Mount Pleasant, SC 29464
DECLARATION OR RESTRiC'ME COVENANi<&FOR
T= OVEMOOK AT 11 WD E SQWW LOOP
This Ihclaratm 9f ReamdVo Wft for dw ova look • at Mime Sowed. Lo"
"Declaration") n made M4, by D.R. carton, hoc., a Dselaware corporation,
hereinafter referred to as the "Declarant The Declarant states and declares as follows
A The Declarant is the owner of that tract of land located in New Hanover County, North
Carolina, and described in Exhibit A attached hereto and incorporated herein (the "Property")
R Tare Dech miniff mt m & wmbiivwle je .Prapmty:Mto.9MK%etral .lois, eommen areas and
pMe. ,aaiil 4r,, to *am fit ftopmty md sich additmri1 bad as mr;y be su Nected to this
Declaration pursuant to Article X below a planned community to be ]mown as the Overlookat MW&
C The Declarant desires to impose certain restrictive and protective covenants upon the
Property to protect and to promote the beneficial ownership, use and enjoyment of all residential lots and
units located within the Community
TIIER.ESFORE, pursuant to Chapter 47F of the North Carolina General Statutes (the "Planned
Community Acn the Declarant hereby executes brie Dacbratiim to =V&L-the Overlode at Mddle
Sound Loop and dechns that hum iorlh all pomuma of the Property aba3l be hold and owned subject to
the following to MW provisions, eoveaants, conditions and restrictions, which shall run with the Property
anti which eland be hkKWg upoe all wwum Of, aW prrtk a of thou Pix eat and they kmies, guaK
mortgagees, heirs, executors, administrators, successors and assigns.
Artiele L Applieation of the North Carolina Planned Community Act.
The terms and provisions of Chapter 47F of the North Carolina General Statutes, as the sane
dmlbe am=&dl framikeelo onro,iMV* (bo dw)Cnamtaaity
RETURN To Andy A 11s

ArGWL VoNi ions
The definitions set forth in N.C.G.S § 47F-1-103 shall apply to this Declaration and are
incorporated herein, except that the terms listed below shall have the specific meanings stated:
"Ad Valorem Tax Assessments" shall meen assessments levied in accordance with Section 9 6
below
"Annexation Declaration" shallmean an msttument recorded at the New Hanover County
Registry that subjects addRioanl< had to tbrs Drechradw
"Architectural Guidelines" shall mean the architectural, design and construction guidelines and
review procedures adopted pursuant to Article V below, as they may be amended
"Articles of Incorporation" shall mean the Articles of Incorporations for 7be Overlook at Middle
Sound Loop Homeowners Association, a North Carolina nonprofit corporation.
"A oicratdW slmW ram 7e Overtook it Uddle &xmd L*W Homeowners AssmmWn, a
North Cardima non-prolit corporation, its successors and assigns.
o mir Awdl mom So ammmas 'lmW Isla 4W ►3.ow =&jmJta aasesMWW ender
Article DC below to fund common expenses, as determined in accordance with Article DC below
"Board of Directors" or "Board" shall mean the executive board of the Association, as defined by
the Planned Community Act and as created by the Bylaws.
"Bylaws" shall mean the bylaws of the Association as they now or hereafter exist and as they
may be aimaded Dow, time to tuna
"Commmm Area"' or "Common Areas" shall mean aU pwpe d y, and, say impuvenimb trerWA
Wherever located, owned or leased by cc dedicated tie flee Asseeaittoe; sbjectsd to an easement or
license in favor of the Association for the common use and enjoyment of Members or designated on the
recorded subdivision plats for the Community as "Open Space", "Common Open Space" or "Common
Area" Common Area shall include all water and sewer Imes serving more than one Lot and located
outside any public rights -of -way or utility easements. Common Area shall include any drainage
easements, stormwater pipes, detention and retention facilities not accepted by any governmental
aa>tt =o Yfor-maiislemaw. Cvanmrm A=ttj hell mulade any wads, stcieft ,Sys and
w+nldeaaraoa�e:iCa�.y utsrtraaatspmed'abyuny governmental aaliueaty� mdiritenance.
` r-WWO SWAArshall cam tbeAlind"d drf amdect, mamlizaaw or ethr.,etivoy
generally prevailing n► the Commmi tty, or the nummum standards established pursuant to the
Architectural Gindelmes, Rule and Regulations, and Board resolutions, whichever is the higher standard
Declarant shall initially establish such standard, which may involve both objective and subjective
elements The Community -Wide Standard shall evolve as the Community evolves.
"Declarant" shall mean D.R. Horton, Inc, a Delaware corporation, or any successor or assign
designated as Declarant in a Recorders Diocoment aoreca"by floe imme4ja* pars%g Dbolaramt

"Declarant Camfrol• Period" shall mean the period of time during which Declarant hok h a fee
interest or contractual right in any portion, however small, of the land described in Exhibit A and/or
Exhibit B attached hereto and incorporated herrem
"Declaration" shall mean ]Iris Declaration of Restnetive Covenants for the Overlook at Middle
Sound Loop and any amendments hereto or restatements hereof.
0 GovernmS Du u mnl 1i" mall mean, collachvely, dis Declanhon, any VOW" SgVIcomotil
Dachwation, the Articles of bacorporahon, the Bylaws, the Architectural Guidelines and the Rules and
Regulations, as the: same may be amended f om time to. time.
"Lot" shall mean any separate parcel of land within the Community designated for separate
ownership or occupancy and residential use.
"Umited Common Area" shall mean a portion of the Common Area reserved for the exclusive
use of one or more, but less than all, of the Lots
'MRslbr PLni' shill` mean the marder iandluse plan for ft deveMpineart of the Community
approved by New Hanover County
'men"' slmlt mesa arsd II&F In eveay person err a nft catM e@: do membambp m Se
Association as provided in Article III below
"Mortgage" shall mean a deed of trust recorded at the Now Hanover County Registry that is a
lien against any Lot "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. A ' Firat
Mortgage" shall be a Mortgage having priority over all other Mortgages encumbering a Lot "First
Mortgagee" shall refer to a beneficiary or holder of a First ]Mortgage
"Neighborhood" shall mean any area or areas within the Community designated by a
Supoku atat .Duckabm an, has a ddubM or a®pwjft resadmMM rtraaa within the Conmrmily, the
imams Gf*b3*WMaltMVFIaave inOmIUMM exposes, iftweats, eta as. BM& or
uses not shared by or common to all residents within the Community
"Neighborhood Assessments" shall mean assessments levied in accordance with Section 9 7
below
"Neighborhood Expenses" shag mean. tire, actual and wed expeaem which tba:Amoeaatieo
incurs or expects to incur for the benefit of Owners wily. s pwdtulw Neighborhood, or Ne%obcdoods,
which may include reasonable reserves for capital repairs and replacements and reasonable
eve chom as nay be M&NW praeapW to 6m Declaratim or in gee Suppkasnimy
Declarabon(s) applicable to such Neigh ood(s).
"Occupant" means any person occupying all or any portion of a Lot or other property located
within the Community for any period of time, regardless of whether such person is a tenant of the Owner
of such property "Occupants" shall refer to more than one Occupant.
. "Qaiaaear" sbdI ata4WJMd lea tin an *Trsxx d oft 1,ee qWpao jaftraK in as W Lot, Mabdiag
contract sellers, but excluding those having an interest only as security for the performance of an
obligation. There may be mane than one Owner of any single Lot

"Reowded Document' shall mean any document, including any map or plait of surrey, recorded
at the Office of the Register of Deeds of New Hanover County, North Carolina
"Rules & Regulations" shall mean the initial rules and regulations for use and occupancy of the
Lots and the Common Area set forth in Exhibit C, as they may be supplemented, modified, restated or
superseded pursuant to Article IV below.
"SpeciidAssessmaisffir abs>fineaaa assammmu levied in acca rdam cc wi& Sectim SA below.
"Specific Assessments" shall mean assessments levied in accordance with Soctron 9.5 below
"Supplemental Declaration" shall mean any declaration of covenants, conditions and/or
restrictions that Declarant may file at the New Hanover County Registry subsequently to filing this
Declaration, which shall apply only to a ,particular area or areas within the Community. Such
Supplemental Declaration may supplement, change, amend or supersede the terms and provisions of this
Declaration as necessary to accommodate differences between the .plan of the development for the
s�je+at�roiped.9�sailfitne+;pl�,afrlded'arttl�t�tn.+filhe �ua�ty.
Article XIL The t)varlaok at Mddle Sound Loop HomeownersAaaeeiotien.
Every person or entity who is an owner of a fee or undivided fee simple interest in any of the
Lots shall be a Member of the Association. Ownership of such interest shall be the sole qualification for
membership, and membership shall be appurtensut to and shall not be separated from such ownership
The Association shall be organized and governed as follows
3.1. Purposes. The purposes of the Association shall be:
a To operate, maintain and preserve all Common Areas, and all roads, streets, sidewailk
decorative and protective structures (including but not. hunted to cuuy mots and buffer walls)6
ponds, Wits, uffibes, WAKa ed areas and other MPFUV=Mft hrcated thmaoa, if any;
To enforce the provisions of the Governing Documents;
C. To perform all duties and functions allotted to owner's associations .pursuant to Article 3
of the Planned Community Act;
el. To froruotie anal Ito proi�t�o ergoymMI and+benefficrul use and ownership of the Lots;
and
a TO PMNWVft =11111fiar Onilhbes tsaddtaBeiamioos and eve ndes and
regulations for use of the Common Area
3.2. Powers and Res2mibditres. The Association shall have all powers and respoasrbilities and
shall puThm all duties and functions allotted to owner's associations by Article 3 of the Planned
Community Act, the terms and provisions of which are incorporated herein The Association shall also
have all rigouts and powers and shall perform all duties and fractions that may be assigaed to it by
Declarant pursuant to Irs DecisradM

3.3. YmOn lift aard ib%rtaeas On malts of Associdim baamess wed to vote of on
memberslp, there shall be two classes of membership:
Class A. Every person who is an Owner, with the exception of the Declarant, shall be a Class
A Member. Class A Members shall be entitled to one (1) vote per Lot. No more than one vote per Lot
may be cast by Class A Members, regardless of the number of Owners of a given lot
ia�DaEiaaaalt db>fae sdTetC�aiB ildebet CFasuB membership shalt be a hill
voting membership and, during as existence, the Class B Member shall be entitled to vote on all matters
rases= bef iw or caansplleagd bq ft-Avo=mhoisT9 Memiber sl li bee '(R)
for each Lot it owns, phis one (1) vole for am& Lot owned by a Wnon other than to Declarant 'The
Class B membership shall cease and shall be converted to Class A membership at such time as the first of
the following events occur• (i) the date that all the Lots in the Community have been conveyed by the
Declarant to other Owners, (ii) the surrender by the Declarant of the right to appoint or remove any
officer of the Association or member of the Board by a Recorded Document executed by the Declarant,
or (rii) the expiration of Declarant's rights to appoint or remove any officer of the Association or member
of the Baird pmsriamt to Article XI, belew
Unless otherwise provided: herein or in the planned Community Act, @H voting matters shall be
decided by ai sholpl* magorlity voic• Rcq==Knft fat a ilpm loot stndt be as provided by tine Byhma The
Members shall meet as provided by the Bylaws
34 Bylaws The initial Board shall enact and adopt all and any Bylaws that they deem necessary
for the operation of the Association, which Bylaws shall be binding upon all Members, their Mortgagees,
lessees, agents and invitees.
Article W. Use and Occupancy of Lots and Common Areas.
The Lots and Common Area shall be used for residential and related purposes only, subject to
and consistent with the Governing Documents, including the Rules and Regulations; provided that
Declarant, the Association and/or builders approved by Declarant may maintain a business or
manarment otitcewlthm the; Caannamrty, and ptovaded that Dad =d and/or any broken or bu klm
approvc& by 1360WININt racy MOMM ofermatim eeutms, madd. hamca and sates affiaea with o the
Community Notwithstanding the above, home business use ancillary to the primary residential use of a
Lot a paaaithA snblecd to the Rules and )Regalatsim sad all Mocidile laws and wdineaKxs of
goveanmeatal authorities.
AN Occupants of a single .Lot shall be merhbers of -a single family. For purposes of this
Declaration, a single family unit is defined as a group of individuals related by blood, marriage, adoption,
or g ,9rdmsh46 or not more Phan three (3) persons not so related, living together as a single
bg�E 1he�edlaer�{9oeu,�its�ea�seLIttt�laail�apr.be•r+�aaeaii�yslia�e�d+l9yttlaefaYs
sine and fiallifies and 'by a-pobcy agaynst*sproQnWm=% use of Se Ccm mon .Areas

Use and occupancy of all Lots AM be reMcftdl as follows
4 3.1 QMletiom of Construction Once construction of any stnrcum located within the
Community is begun, it must be prosecuted diligently and must be completed within twelve months of its
commencement, unless otherwise approved in writing by Declarant.
4 3.2 b+ q mf No dwelling shall be er ectad.ou kmd m sate Lot aster no Lot shout
be subdivided; howem, awms of .adp dagrLft may adjmoarecomm ► baniadwy I*-, paovi hd *At .the
.
ajusntient conforms in all respects with all applicable .governmental.. regulations. and ordinances, and
with fbia Declaration.
4.3.3 Snu. No signs, billboard, banner or item of similar nature shall be displayed to public
view on any Lot, right of way or Common Area without the prior written approval of the ARC (as
defined in Section 5.2.2 below), including, but not limited to a "for sale", "for rent" or"garage sale" sign
This provision shall not apply to marketing, construction, advertising or informational signs placed on
any Lot, right of way or Common Area by Declarant or a builder approved by Declarant. TU
Association a*maatave, lugs eyett-Aw nq
MM.Aw.VA mold Ofaay SO& sp which
m its opium worm not dAwwm%c d wed ungw1his Declaration or as amended or supplemented. A
vaUcasement shall exist on any Lot for such removal by the Association or its agents. Netwithstanding
lamfibg OD- the rar 'limin, fie xsghu ofON= Md Doey@aets30 disphW .M their lab dtga-and
political signs normally displayed in or outside of residences in single-family residential neighborhoods
shall not be abridged, except that the Association may adopt reasonable time, number, size, place and
manner restrictions regulating displays which are visible from outside the Lot consistent with the
provisions of 47-F-3-121 of the Planned Community Act.
4 3A Refines Storaa_e No Lot "I be used or maintained as a dumping grmind for rubbish of
my ebmader wbatsaa M aacfor Vier striralps of AW Propetty`aa dung tlrot will asim such Lat ta,.appiear
in an unclean or untidy condition or that will be obnoxious to the eye, nor shall any substance, thing or
material be kept upam any Lot that welt emit faaul.or obnoxicma mdom ar that will cause any no= the#
might disturb the peace, quiet, comfort or sUMity Of the neeupants of surronn6a►g Lots. Tirash, garbage
or other waste shall not be burned or disposed of on any Lot and shall be kept in sanitary containers
approved by the ARC All equipment for the storage pnor to disposal of such material shall be kept in a
clean and sanitary condition. The placement of containers shall be approved by the ARC and, in any
event, shall be keptt in an enclosed area not subject to view from any person, from any durection.
4.35 MRM.afBnWW MWOUb. M..hmtbw. Wad, block, cummaw black,
conwit ar *&w maku h mad fern +lu W" }oiwpam Wont be stKdd aspen any Y.ot ilnagpe tti m a
reasonable time for the completion ofthe construction in which -they wetobe used
4 3 d Temino = Stnucturea. No temporary structures such as shads shall be erected or placed
on a Lot without the written approval of the Declarant or the Association. Such structures, if permitted,
may be used only during periods of construction, and never as a residence
4.3.7 Parking and Vehicle StorW Only licensed and operative vehicles, classified as
passenger cars, station wagons, passenger pick-up trucks or passenger vans may be regularly parked in
driveways, provided, however, that no recreational: vehicles of any kind may be permitted, to park
anywhere in the Cammumly. For the pub of ldirs Doclaratii n, a recra t na d vehicle or "RV- sib
mean any van, utility vehicle or similar type of vehicle that a used for recreational purpases, such as
campmg, and may be equipped with living facilities No vehicle will be permitted to park regularly on

any roadway within the CAmmunity No widcb kwsbd via •a let posy he used as a dmmUmg, ewn
temporarily
4 3 8 Offmive Activities Prohibited No noxious or offensive activity shall be conducted
upon any. Lot or Common Area, nor shall anything be conducted thereon tending to cause
embarrassment,, discomfort, annoyance or nuisance to the neighborhood or to the Occupants of any Lot
4.3.9 Makp=dii4rlgg All utility limes servingaetures 4acaAed- on Lots shall be
placed underground.
4 3 10 Mobile Homes and Manufactured Housmp. No mobile home, trailer or manufactured
housing shall be located on any Lot,
4.3.11 Ste. Satellite dishes, antennae, clotheslines,: Pet enclosures and the like shall not
be located on a Lot so as to be visible from any roadway or any other Lot Boats, boat trailers and
campers shall not be located on a Lot, except stored inside of a closed garage, unless fencing has been
-roAdlailva the Lotto screen. he.boats, .boat traders aulAw sort they aye not visrbb fzam any
roadway or racy O&WI t
4.3.12 Amy4 aailigg eisn6ed on a Lalt.aleall eendam a
minimum enclosed dwelling area of tiree thousand sixhundred (3,600) square feet Tire term "enclosed
area" as used in this Section shall mean the total enclosed area within a dwelling subject to heating and
cooling; provided, however, that the terms does not include garages, terraces, open porches, decks and
stoops regardless of heating and cooling Variances of these square footage requirements may be granted
by the Reviewer pursuant to Section 5.6, but in no case shall the size be less than that required by the
governmentat agency havmgiurisdiction over the Property.
4 3 13 Swmmirtg Pools and Tramnobnes No above grouid swkon&g pools and no
trampolines shall be• located an any Lot
4.4. Rules and Rgg1}Iations
In addition to the restrictions stated above, which may be modified or rescinded only by an
amendment to this Declaration, use and occupancy.afthe Lots and Common Area shall be subject to the
Rules and Regulations, which are intended to govern day -today use and occupancy of the Lots and
Common Areas The initial Rifles and Matrons an :set forth ni lEisl W C attached herew and
iaamorP�lsaaem h+oa�derAnia�p'taadsta�oru>eaun�oaatasreesaafiaaek�tlie
Community, the Declarant, the Association and the Owners must have the ability to change the holes and
AegWlsdons in an owadited,and mm9nume weer Aecordirigly, On Rules and Regulations may be
aasesdeal, euppkan fail and/orrowfi d d and, 41 'nd as set ImS inffiis lion 4 4.
4 4.1. Declarant's Authority During the Declarant Control Period, the Declarant shall have the
unilateral right to amend, supplement and/or rescind and restate the Rules and Regulations, without prior
notice to the Association or to other Owners, provided that no such action by Declarant may have a
materially adverse effect on title to or marketability of any Lot
442 The Boot my exemA.ssppkwed amrEfaeR msocead sett-saswe file
Rules and Regulations The Board shall send nWcia by mail m all Members .cencernrag any such,
proposed acdm at kamst bye business days prioa to die Board meeting at which.saeh sebm S to be
considered. Members shall have a reasonable opportunity to be heard at a Board meeting prim to such

action being taken The Board's decision an such actim don be Ymai, subject only to sulkwbon 4 4.1
above.
4.43. Members' Authority. Members representing more than Fifty (509/6) percent of the total
votes inthe Aasaciatiom, at an Associadon nmt ng duly -called for such purpose, my amend, supplement
and/or rescind and restate the Rules and Regulations.
444 Nil ft la 6" Aftdc iftM wa&w 41m. Bea vd to aaoqW, aepea➢ or expand
the'irchitectuml'Guidelines or any proviscon -of thrs iTmIarstmn In the event of a conflict between the
Airlrrtecteral Guidelines mad flee Ruhhs cad Rom, the ArchiMcUual Guidelines shall control. In
the ermt of a v+smfliet be+lween this Declaration and the Rules and Regulatrons, this Dechna Lion shall
control
45 Limltatm. The right and ability of the Declarant and the Board to amend, supplement or
restate the Rules and Regulations shall be limited as follows
4S l ] MW of s-tie &Splay rehrow ad bobft Smog syntels and
decorations inside structures an dkk i ofs of die binds 1101MARY d aphwed in single -€grip dal
neighborhoods shall not be abridged; butno sueh display may vWAte.the Community.-W o Standard or
violate any other provision of this Declaration
4 5 2 Activities Within Dwellings No Wile established pursuant to this Article shall interfere
with the activities earned on within the confines of dwellings, except that the Association may restrict or
Prohibit any activities that create costs -for the Association or other Owners, that create a danger to the
health or safety of others, that generate excessive noise, traffic or use of pa rkmg facilities, that create
unsightly conditions visible outside the dwelling or that otherwise violate the provisions of this
986"marmy a*Tmblegov lkvv�nadmamceorreguiatiam
4 5 3 Alienation. No ride promulgaind pursuant to this Section shall Vxbbht leasing or
tiaaasfer of any Lot or require consent of t}m Associatirm or Board for leasing or transfer of any Lot,
however, the Association may require a minimum lease team of six (6) months and otherwise regulate the
leasing of Lots
4,5.4. Abridging lJxisting Rights. No rule sh& require an Owner to dispose of personal
property that was in or on a Lot prior to the adoption of such rule and which was in comphance with all
rules previously in force This limitation shall apply only for the duration of such Owner's. ownership of
the Lot pmwm*, and.dkn right shall not ran wifh ddla th eery lt,ef.
The limitations stated in this subsection shall 'm* ggdy to amendments to this Declaration
4 6 Common Area Administrative Rules.
The Board may promulgate and enforce administrative rules and regulations governing use of
the Common Areas without notice to the Members or any hearing. Examples of such administrative rules
and regulations shall include, but not be limited to, setting hours of operation of a recreational facility or
.silocatingur=Wvhhg useak fiW* by pumcobw
47 Nethce-to Purchasers -and Mortemees

All prospecfive purcU=m sand w0ftIMMS we Wear aabco Ad an of the Lida and die
Common Area is restricted and governed by the Rules and Regulations, as they may be amet►ded,
expanded, and otherwise modified hereunder Each Purchaser, by. acceptance of a deed, admowledges
and agrees that the use, enjoyment and marketability of his or her Lot shall be of Wxd by the Rules and
Regulations which may change from time to time, and that the current Rules and Regulations may not be
set forth in a Recorded Document Talmo tMt the or the Ammiskma an larva
dWW d to how li" aM& R=bd na-s = the MUdlogO fft VyIL 7 ham
shall provide a copy of the current Rules and Regulations to any prospective purchaser Member or
Mortgagee upon written request and payment of the reasonable cost of such copy
Article V. Architecture and Landscaping
5.1. Genet_
No structure or thing including but not limited to fences, shall be placed, erected, or installed
upon tiny La -radon .. orc#diw aark % g' ==M6M861 and
Diller Otte wok exterior roar=$ of existingimprovements, or planting or removal of capmg)
fil" taiix•VIlWeAn. .aIW Lunt except pinssnant to appmval and in compliance with this Article and the
11chheetural Quidelines
No approval shall be required to repaint the exterior of a structure in accordance with the
originally approved color scheme or to rebuild in accordance with originally approved plans and
specifications. Any Owner may remodel, paint, or redecorate the interior of a dwelling located on his or
her Lot without approval, provided that modifications to the interior of a dwelling visible from outside
the shwa a ll: he anbptot id gpmveli
Any improvements cousbuited an a Lot shall be designed by and brult in accordance with the
plans and specifications of a boomed archhoct unless of "w= approved by Dechraat or its designee
in its sole discretion
Tins Article shall not apply to Declerant's activities or to the Association's activities during the
Declarant Control Period
4A
52.1 By Ieclarant Each Owner, by accepttg a deed or other inshviaeet conveying any .legal
sar otable •is I"Wt m .a Tat, saohaaWlaripaa. 64 a die sddl*W .tied 4MM of =W estate as 60
vicinity of and within the Community, Declarant has a substantial interest in the quality and appearance
of improvements within the Community, and in determining that they enhance Declaranfs reputation as
a developer and do not u npar Declarants ability to market, sell, or lease its property. Therefore, no
Owner shall commence any activity within the scope of this Article on his or her Lot unless and until
Declarant or its designee has given its prior written approval for such activity, which approval may be
granted or withheld m Declarants or its designee's sole discretion
In reviewing, and acting .upon any request for approval,. Declarant or i'ts designee shag act sdlely
in Declanoft interest and shall dine no dutg to any other person, Doclarimfs rigs reserved under this
Article shall contiime or as long as Dscbas * owee tuiy peatroe of the real puMWW desuribed•at< BWdbit

A or B ox lies ibe rrglat tin mad -may post 19rpd1tan 10 1, anal = ewft %M mated by
Declarant by a Recorded Document
Declarant may, in its sole discretion, designate one or more Persons frmn time to time to act on
its behalf in reviewing applications hereunder.
DecIisivt my finulm to tft% but ftd not. be dtdigtI" ter, Mkpft of os ar poeam of its
reserved rights under fus Attica to any other Pierson at commAwc Any such dtUgW ri AMR be in
wrong, specifying the maps of responsikhtiees "gated; and shall be subject to (a) fleclaraires rat to
evoke sneb daleption at any time and' remmUfflUnfidiftm over tba matters previously delegaaed, and
(b) Decleranfs right to veto any decision which Declarant determines, in its role and exclusive
discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under
this Article, the jurisdiction of any other Person or committee shall be limited to such matters as are
specifically delegated to it by Declarant
522 A=Wmttn*1-fire w Ccafttne U+ pen iaa<'1;3r Ilad9JaraaR err upon r, p on of
the Deckradt CaNtr tit Vew,* fte Assmoben, acing though an amtftcbffg tevWw eoiimrittee
("ARC") appointed by flee BoaiJ, shall ,assume. jmisdietion ovosr anciutectim l matters The ARC shall
ate sf at least Mow, iaat-mart Mona 48a sires, .Aev"s = +iof>so Aidl saw and saw to WMved and
replaced at the Board's discretion The members of the ARC need not be Members, and may, but need
not, include architects, engineers, or similar professionals, whose compensation, if any, the Board shall
establish fibm time to time.
Unless and until such time as Declarant delegates all or a portion of its reserved rights to the
Associartion or .oid�uabw of tome Declarant Com ok lila mA tiro AssecieAm A* hm rrar-*isrGcd=
over architectural matters:
S.3 liror perpaaes of 4kia Artic% the rxmes mar of a fty liarvis over
architectural matters in a particular case shah be referred to as the "Reviewer" The Reviewer may
establish and charge reasonable fees for review of applications hereunder and may require such fee to
be paid in full prior to review of any application Such fees may include the reasonable costs incurred in
having any application reviewed by architects, engineers, or other professionals.
154 nassilftocedurcs
5 4 1 rA _ heal Declarant may }trepate ArchitectivW Guidelines applicable to
UbWhamay ems. W=W PWAAD= :sOU=*k''bu a -is" as vasm as Vamic. h
vary among the Lots according to location, Neighborhood, use, or other factors. The Architectural
Guidelines are intended to provide guidance to Owners regarding matters of particular concern to the
Reviewer in considering apphcations hereunder. The Architectural Guidelines are not the exclusive
basis for the Reviewer's decisions, and compliance with the Architectural Guidelines does not guarantee
approval of any application. Further, the Architectural Guidelines may. be more restrictive than
guidelines fallawed by Now Iiaitrover Cersaty ea as sate facile in the li &uwtiroriad BurddW. Coda
Declarant shalt have sole and full authority to amend the Archrtectural Guidelines as long as it
owns any porhoaa of the nA pry+ dcacribet. ist R0611110 A or S or Ifor a r*V roe mgmt tfia.
Community pursuant to Section 10.1, notwithstanding a delegation of reviewing authority, unless
10

Declarant also delegates the power to amend the Architectural Guidelines. Upon teiminshon or
delegation of Declarants right to amend, the ARC shall have the authority to amend the Architectural
Guidelines with the Board's consent Any amendments to the Architectural Guidelines shall be
prospective only and shall not apply to require modifications to or removal of structures previously
approved once the approved construction or modification has commenced. There shall be no Imitation
on the scope of amendments to the Archttactiard Guidelurea, and such amendments may remove
Wcvk=* mpwd'aw e&erw=n"flPA=M=tuz9IOmdWmWr leesrestaclave.
The Association shall maintain a copy of the Architectural Guidelmea, as they may exist fra n
time to time, and shall make than available to Members or ownars gor inspection and copying upon
reasonable notice during the Association's business hours In Declarant's discretion, such Architectural
Guidelines may be recorded at the New Hanover County Registry, in which event the recorded version,
as it may be amended„ shall control .in the event of any dispute as..to which version of he Architectural
Guidelines was in effect at any particular time
SA 2 ftKa&m , Except = An AodftcwW GIAileimes oiler gpecffk&* d> . no
activity. desoribed:in'Section 5.1 s'9ra11 commence an any W un g an..aqplis r Tor qpoval.bas.bm
mkm*cd to and awed by •the Avviewar Such. anppd4hon sisals include ,plans and g,,ficatiOns
shawl sft IAYOK for Auvations,. astwor mawrials anal colors, landscaping, shmmgp, ercoerior
lighting, irrigation, and other features of proposed constriction, as applicable. The Architectural
Guidelines and the Reviewer may require the submission of such additional information as deemed
necessary to consider any application.
In reviewing each submission, the Reviewer may consider any factors it deems relevant,
mcludIM wplto d 1%rten, bmnmy of =WmO dJnW w S �. and 4oa bolune It
Decisions. may be. based sorely. on aesthetic considerations Each Owner.. acknowtedew that
determinations as to such matters arc purely subjective and opimoes my vary as to the demrabahty OF
attractiveness of particular improvements Subject to Declarinift veto power descnbed below, the
Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on matters
of aesthetic judgment Such determinations shall not be subject to review so long as they are made in
good faith and in accordance with tho.procedures described m this Article
The Reviewer shall make a determination on each application within thirty (3o) days after
neoa,P't ittf..a comROWd spohaftm -mod ag `hdxmswfwn .The:Berdewor my (a) 'Hie
apphcation, With .W WidKO road ORS,`tb) a A..pOW= of the application and disapprove other
'PXfiOII9 (C) .aPpi fen; Ar.(d) zeq uest .fr r4w Ar.additiunW infurmaum The Reviewer
,may, but." not be ol+lhgibdio, R*cffY the teason '&r any o8jerWM or offer suggestions f br wring
any objections.
Until expiration of Declarants rights under this Article, the ARC shall notify Declarant in
writing within three business days after the ARC has approved an application. The notice shall be
accompanied by a copy of the application and any additional information which Declarant may require
DeckmrR "A. A. have yen. (Ift fts abler of aa& =am to, veto. any awk act[ak W ira. sale:
discretion, by written notice to the ARC and the apply ant
In any event, the Raiwwar sIM notify idle appllkamR in writing of a frost &ter mloatiam within
forty-five (45) days after its receipt of a completed application and all required information In the event
Lll

that the Reviewer fails to rc*md in a firmly nmmw, approval ri>*tl be deemed to have been given,
subject to Declarant's veto right. However, no approval, whether expressly granted or deemed granted
pursuant to the foregoing, shall be inconsistent with the Architectural Guidelines unless the Reviewer
has granted a variance pursuant to Section 5.6.
Notice shall be deemed to have been given at the time the envelope contammg the response is
deposited wish dire U.S. Postal Service 'Peraongl 'Y of such written notice shall, however, be
sufficianizadAell be deamedxo have .heeu gmen.stlhetime ofAshvery.to.theApplmant.
Ueonstuddon'does not commence on aproject 'for which plans havebeen approved w ffim one
year after the date of approval, such approval shall be deemed withdrawn, and it shall be necessary for
the Owner to reapply for approval before commencing construction of any proposed improvements
Once construction is commenced, it shall be diligently pursued to completion. All work shall be
completed within one year of commencement unless otherwise specified in the notice of approval or
unless the Reviewer grants an extension in writing, which it shall not be obligated to do If approved
work is not comph*d wittmr Ae mgaeod time, it sMU be.-condd wit nmmftmmg and .be:
wbjeat to enforcement achoa.by the_Associadon,. Mercer nt, or any aggaeved.Manber
The Reviewer may by resolution exempt certain aehvrtres from the application and approvat
requirements of this Article, provided such activities are undertaken in strict compliance with the
requirements of such resolution
55 No WaiVer Off
Each Owner acknowledges that the Persons reviewing applications under this Article will
choup frame time to time and1hata&wman sesSetic matters, as wlas iaterproubm and applratmz
of the Architectural Guidelines, may vary accordmgly. In add>tion, each Owner acknowledges that it
may rm t aim be pondole to Am*fy *bjacuomMa tiamdnea mail wok is zumpkW4 in which case it
may unreasonable to require Changes to the imgnovemerAs involved, bu1'dw Reviewer may meTase to
approve similar proposals in the future. Approval of applications or plans, or in connection with any
other matter enquiring approval, shall not conshbrte a binding precedent in any other matter or waiver of
the right to withhold approval as to any sundar applications, plazas, or other matters subsequently or
addrtionally submitted for approval
56, Varranoes
The Reviewer may amharize var>ancea frc® compFaw= with airy of As guidelines and
procedures when circumstances sack as ropograft namaraN obstraciins, hardsh*p or atathetic or
environmental considerations require, but only in accordance with duly adopted rules and regulations.
No variance shall (a) be effective unless in writing; (b) be contrary to tins Declaration; or (c) estop the
Reviewer from denying a variance in other circumstances. Forlaurposes of this Section, the mabildy to
obtain approval of any governmental agency, the issuance of any permit, or the teams of any financing
shall not be considered a hardship warramtigg a variance.
57 Limitatran of Inability
12

The stantlmids =11 proc dud '" Arilidle nedftm are 'idtehdded as a gar
maintaining and enhancing the overall aesthetics of the Community, they do not create any duty to any
Person. Review and approval of any application pursuant to this Article may be based on aesthetic
considerations only. The Reviewer shall not bear any responsibility for ensuring (a) the structural
integrity or soundness of approved construction or modifications, (b) compliance with building codes
andother giwww= 1 mp=nanK (c) lhat. Lots, sate. of comparable Quality, value, si;a; or of similar
"44 aewutiw* pleasing: of et herw M acceptable to as al buing poopMg ewh due via&w
from any other Lots or the Common Area are protected, or (e) #w no defects exist in approved
construction.
Declarant, the Association, the Board, any committee, or any member of any of the foregoing
shall not be held liable for soil conditions, drainage, or other general site work, any defects in plans
revised or.. approved hereunder, any loss or damage arising out of the actions, inaction, integrity,
financial condition, or quality of work of any contractor or its subcontractors, employees, or agents, or
any injury, damw4 or loss wing out of the manner or quality of approved construction on or
nodificationstomV L*L In ail-mattms, the Assodation Am defend maid mde o* &e ] =da *e ARC,
and any membersAmeof as provided in the Bylaws
58 Certificate DTCComolbnae.
Any Owner may request that the Reviewer issue a certificate of architectural compliance
cerbfymg .that snob Owner's Lot has no known violations of this Article or the Architectural Guidelines.
The Association shall either grant or deny such request within Thirty (30) days after receipt of a written
request and may charge a reasonable administrative fee for issuing such certificates. Issuance of such a
embficalb alsall Mp tam Anociatimih fixnmt tddi%g wires wl* reqncrw my .I&ID
which the Assocu troy 6adnobee as of tlne &W of ma* caffficate.
Neither Declarant nor the Association guarantee or represent that any view over and across any
portion of the Community or any adjacent property will be preserved without impairment. Any additions
or changes, whether occurring in the course of developing or maintaining the Community, may diminish
or obstruct any view from Lots and any express or implied easements for view purposes or for the
pmemp aft&4sdvwiii+e..isantbyetSpiionly,digclnimed.
Article VI. Nbbdmpmm mad 2"air
61 General Ali areas within the Property and all areas covered by easements or licenses
owned or held by the Association shall be maintained to the Community -Wide Standard, and to all other
standards stated in this Declaration, airy Suppiemontai Dechmkbon and the Bylaws, Rules and
Regulations of the Association The Association and the individual Owners shall be responsible for such
maintenance, as provided in this Article VI
6 2 Association Respa=-bilrly. Prier to their acceptance for public mara nano,. any road's,
streets, sidewalks. entranceways and cuWo sacs in the Community shalt be maintained by the
Association. Such maiiakaex shall moll da MW sad joccadrsvbM Brim neeesawy M sarja mice of
the roads, streets, sidewalks, entranceways and cul-de-sacs in the Community shall conform to the
13

smndardd` of mttkkmmc a (if one is ascall naable) which would' be requaretf by due Nroa& Carolina
Department of Transportation or other governmental entity before it would accept such roads, streets,
sidewalks, entranceways. and cul-de-sacs for maintenance
The Association slaili also maintam-the following
a Alllaadscyped.r -of-way and all =uy feamnw4
b. All Common Areas, and all landscaping, paving, streets, sidewallcs, structures and
improvements of any naume'kaasded thereon; and
o. All ponds, streams and culverts located on the Property which serve as part of any
drainage and storm -water retention system
The Association shall- be responsible for paying, all• ad valorem taxes levied against by Common
Areas by the applicable governing authority, if any
6.3 Owner's Rggan&ft Each owner shelf maintain hrs or her Lot and`aH uninrporoved
Common Area along the boundaries of his or her Lot (a g, area between lot line and curb) Each owner
shall maintain all landscaping, pavm& structanes and improvements ofany nature what mover located on
his or bar Lot. Each Owner's atirthka nee of his or ha L t and• adjaao=4 unimptmrred £melon Aret
shall include but not be limited to:
a
Keeping the am free and clear of all litter, trash, refuse and wastes;
b
Mowing lawns on a regular basis;
.c.
PArs+ng aardAmbba;
d
Wdersaglawns;
e.
Keeping exterior lighting and mecherucal facilities in working order,
€
Keeping lawn and garden areas alive;
g
Removing and replacing any dead plant material,
h.
Keeping vacant land weft maintained and free of UiA andweeds;
r
Keeping pa*mg areas and, driveways w goodaepaut;
j.
Complying with all governmental health and police requirements;
'k.
-iepaortrng of" structures, and
.1.
Repair of exterior daa+Ap 10 all Are s
6.4 Asrocial
lore's Bluetit to Perform Owner's RWgnwbft. If any Owner or Occupant of a Lot
Us to.perfo mAny of the idutiee or rosponsibilitiee set forth in thins SWWQfioM6 .than ilia Association or
Dbdianut may,&u
aWr pmvm wn aeasebee difmh .h&Mmad Vaim resort ten.(Tjo) days
14

z0or roceivmg sudh nottee Xvkidh nob= &MU deemed tto %me'been recervetl upon depost a soy
official depository of the United States mail, addresses to the patty to whom it is intended to be delivered
at that parry's current address as shown by the records of the Association, and sent by certified mail,
return receipt requestod� perform the care and maintenance required or otherwise perform the duties and
responsibilities of snob Owner. Should any such person fail to fulfill this duty and responsibihty within
such period, then the Declarant or the Association, acting through its authorized agent or agents, shall
hswi she rtglst and power to enter owo tide Lot m gaestion and parfa such care and samsomaut
without any ItdxTdy Sax do m oM fig mmmgft is alty, ftVm at orb at amp! pia All (a)
of a Lot on which such work is perfon nod shall be liable for the cost of such work togetherwith interest.
on tfie stneusrts expeoded by tfia Ametattm or, tlse.i° Detain bap wing suety wak *cmpuw shire
rate of twehre percent (12.00%) per atmum from the date(s) such amounts am expanded until repaid to
the Association or the Declarant, as the can may be, and for all costs and expenses incurred in seeking
the compliance of such Owner with his duties and responsibilities hereunder, and shall reimburse the
Association or the Declarant, as the case may be, on demand for such costs and expanse (including
interest as above provided). If such Owner shall fail to reimburse the Association or the Declarant, as the
case may be, within .xhirty .(30) days After mail* to such Owner of a statement for such costs and
cagacom by die AneDudGhma or Dechm e, die A:ssocaetoan has .por%rmed the wok on df6e Lot of the
delinquent Owner('), the Assocmhon may clurge a Specific Assessmetil for such amounts against the
7,ot of such Owneti(s), and pr+oecead bo collect stacb Xptccific Assessment as provided in Arficle?X below.
65 Cost of Maintenance. All costs of the Association in meeting its responsibilities pursuant to
this Section shall be Common Expenses.
6.6 Conveyance of Common Area to Association No hrRl od Righ . Decfwant, or the owner of
the property with the consent of the Declarant, may transfer or convey to the Association at any tune and
from time to time any personal property and any interest in improved cc mika;iroved real property. Such
conveyaaice sW be domed to be mcep kd, lie We-Amendson Capon &Aknq of airy pe sond prop" or
upon reo sedation with the New Hanover County Registry of a non -warranty deed conveying any interest
in real property, and the property shall thereafter be Common Area to be used and, if and as provided in
this Article VL maintainadbytheAsmoiamm forthebonaft of tit Memabam TIw 17acierant "U nothe
required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this
Section and shall have no duty or obligation to convey any property or property rights to the Association
regardless of whether or not any such property has been made available for the use of Owners
Declarant, or the owner of the property with consent of Declarant, may reserve, by lease, license,
easement or otherwise such rights of use and enjoyment in and to all or any portion of the property so
c+ammyed= DechossatmyiaassomaWnamesa lmg=mrii aw rvation as not miRsmlly jasannsnkg
wddh the atriea>ail soheose lapeceY`t6SrRha 1iaau ly Veitlher she recoatlW= of airy vAdn Awn
phhtator.the use.by the Ommers or.mab&.nance by.the Ascocratton.ofAnypmpady sball mweat y ngbt.%
vrasments err ftenses, m die Asaoditiam.or. ft Ownamt vt 'aged, =boas isad .wo any such
property rights, easements rn Irmenses are conveyeilby fine DmIarant or the owner of such property to die
Association or the Owners, as the case may be, by an instrument recorded in the Office of the Register of
Deeds of New Hanover County, North Carolina
6.7 may. Owners, Occupants and thetr ghosts shelf use the Common Area and all portions of
the Community not contained within a Lot at their own risk and shall assume sole responsibility for their
personal belongings used or stored dwzean- All Owners and Occupards shall have an affirmative duty
and vospceas dityto Wpga tU C.oeiamarea wAail'pu dent9ft s Czwrangy casI6qnW&C&Widiff a
Lot for any defects, pails or other muss* conditions reW&g to dw use and enjoyment thereof ne
Association, the Declarant and their respective otficot% director % ampbyees, rapresentatives and agents
shad no.t.be held lhablo, for personal mipry 1ar my praisers wr f©r less; at damage is personal bdasngiega
15

used or spored! on issydMeUegonpropedy The AssocWhon smolt not be 1`raMe for nnjury or damage
to any Person or property (a) caused by the elements or by an Owner or any other Person, (b) resulting
from any rain or other surface water which may leak or flow from any street, pipe, plumbmg, drain,
conduit, appliance, equipment, security system, or utility line or facility. Abe responsibility for the
maintenance of which is that of the Association or from any portion of the Common Property, or (c)
caused by any Meet Pipe. Plumbing, dram, conduit, appliance, equipment, security system, or utility line
or ficility. the Y for do mantemace ot<wbkh ►g WO of VW Asswvsdsmr, becoming am, of
repair. Nor shall the Association be liable to any Owner or Occupant for loss or danaM by theft of
otherwise, of any property of such Owner- or Occupant
Article VIOL Insurance.
T 1 The Assmiation. shall obtain and ssntinue in effeet -2he.fa0wing types of insurance; if
reasonably available, or if not reasonably availablc, the most nearly equivalent coverages as are
reasonably available
a. BlanUt PnVGTty HISIMMIC0 afar all iacsaabie Improvamem on the Common Area to the
cid+eat that She Association has assumed raspoosibfty m the Event of a casualty, mSerdless of ownership
itkll:y'i»ee:paElcaiaaih® �btaims�a3lla�q�ral+'hs�ca�est�rdre:feil
replacement coat of the insured improvements under current building ordinances and codes The
Association shall be deemed trustee of all Members' interests in all insurance proceeds paid to the
Association order any such policies and shall have fall power to receive and to deal with such proceeds.
The insurance proceeds sliall be used by the Association for the repair or replacement of the property for
which the insurance was carried, except as otherwise provided in this Section.
b. Commercial general liability insurance on the Common Area. Coverage shall mdude,
without limitation, liability for personal injuries and activities in connection with the ownership,
operation, maintenance, and other use of the Common Ana TlicDowAsbaUsnusboamesafimigmese
in deciding upon per ocewrence Bonita for mach coverage and Ank cons der any applicable secondary
mortgage guidelines feladrig to such coverage. The liability insurance shall name, as separately protected
insureds, Declarant, any property manager, the Association, the Board, the ofiiceis of the Association,
the ARC, and their respective representatives, members, agents, and employees with respect to aqy
liability arising out of the maintenance or use of the Common Area
,rL Wod=W CNIMPUM161m. mimmac a acid IMpioyera' liaWdy insurance, of and to the extent
nequired by law.
41. DnvdkW and o iveri;' fmbft sypetqe6 peed, Jioww.:dmt.ans
will not be required e' fling the Declarant Control Period so tong as Directors' and officer's liability
coverage is provided under Declarant's insurance policy.
e. Commercial crime nisurance, including fidelity mmurance covering all persons
responsible for handling Association funds in an amount determined in the Board's business judgment
but not less than an amount equal to one -quarter of the annual Base Assessments on all Lots plus reserves
on hand. Fidelity insurance policies dmB contain a waiver of all defenses !lased upon the exclusion of
Pusses serving without compensation
f Selo adibbood movanov as tire Board, as rta boamem jndgmes b determines n 6 b alble
16

7.2 Premiums for all insurance shall be Common Expanses unless ffie Board reasonably
determines that other treatment of the premiums is more appropriate. The Association shall include such
premiums in the assessments it levies The Board shall review the limits of all Association insurance
policies rrt least once a year and shall adjust the .policy limits as the Board deems neomary or
appropriate
73 Tim AmmiWfin 691 IRW a Terieft review of to sufficiency of its insurance
coverage by one or mare quithfied. persona, at least one of whom must be familiar with replacement
costs as ft Now khw*Cr.iCouoty wim All Association _poiretes shall.pnnvtde for a ceMfrcate of
msm-anceto Ire imnrsbadto the Assoeiemionmd, upon requws to tardh Menmber'insu ed.
7.4 The policies may provide for a reasonable deductible In the event of an insured loss, the
deductible shall be treated as a Common Expense in time same manner as the premiums for the
applicable insurance coverage However, if the Board reasonably determines, after notice and an
opportunity to be heard in accordance with the Bylaws, that the loss is the result of the negligence or
w,llfnl mtscondact of one or more Owners, rises fines% cm*es, or knevA tlten: dire Be=#may aaseaa
the full amount of such deductible against such Owner(s) and them Lots as a Specific Assessment
pursuant to Section IX below
75 All insurance coverage obtained by the Board shall
a be written with .a company authorized to do.business in North Carolina which satllsfies
the requirements of the Federal National Mortgage Association, or such other secondary mortgage
market agencies or federal agencies as the Board deems appropriate and carries a Best rating of AA or
filer,
b be writhes is the aawe of ffie Association as trustee for ft .benefited parties (policies
on be Critntatin Aretrc lltbe firlbv ba WfitWft Aseaaidun asid ift Mawbw
c. not be brought into contribution with insurance purchased by Owners, Occupants, or
their Mortgagees individually,
d contain an inflation guard endorsement,
e include an agreed amount endorsemeK if the potiey ooMem r eomsmance chisie;
f. ptovidm that estt�r Onvnes s lw mairniC•gekmitaamelfer thn yoltsy wrdl<.resgoct fe libilftjr
ansing out of such Owner's membership m the Association or interest in the Common Area as a
Member in the Association (provided, this provision shall not be construed as giving any owner any
interest in the Common Area other than that of a Member),
g, include an endorsement pse&iding cancellation, nivabdation, suspension or
non -renewal by the insurer conditioning recovery on account of an act or omission of any one or more
Owner, or an account ,of any curable defect or violation without .Jprior written demand to the
Assecialbim. Aa amlliexia%dt-orvidlirtamaridABoermoe oft r ble3trn a mo sire, and
17

hS. mdulle an easorsemdst preikidmg to iniiarer from aanying a dYami by an Owner or
conditioning recovery under the policy based upon or due to the negligent acts or omissions of the
Association or any other Owner
7.6 In addition, the Board sW. use reasonable et to secure insurance policies which list the
Owners (as a class) as additional insureds for claims ansing in connection with the ownership,
existence, use or management of the Common Area and provide:
a a waiver of subrogation as to any clauns against the Association's board of directors,
ofceM employees and its manager, or the Owners and fim knwta, wrvaa, agents and peals;
b a waiver of the insurer's rights to repair and reconstnict instead of paying cash, and
c an endorsem requiring at least 30 AW prior written notice to the Association of any
cancellation, substantial modification or non -renewal
Ar&k VM Qq-" aril Ra"w&actim of Aaiaoestma Properly
The Am=W m shalt hruerv'the 1QIe lhtty 11irTqN* Or MONSIbW C=M= Am or
other property which the Association is obligated to insure ("insured Property") that is damaged or
destroyed unless such repair or reconstruction would be illegal under say state or local ordinance
governing health or safety, or Members representing at least eighty patent (80%) percent of the total
vott of the Association vote not to repair or reconstruct
Except as.WW'WiNpiOviiadW*kSIum,.tilevB dWU peer Wtocom;"cinthe
repair or reconstruction of that pare of the insured Property dmmagad or deSftop& The ASaociation may
talcs all. necessary or appropriate action to affect such repair or reconstruction Such repair or
moodrinctmw slurp. be 8 accordsacx wft the origin phins =& sped neless aaw plims are
approved by the Board
The proceeds of any insurance collected shall be available to the Association for the purpose of
repair or :reconstrucxioui of Insured- teperly. if the proceeds of insurance are insu€t-rcrent to :pay .the
estimated or actual cost of such repair or reconstruction, then the Board, pursuant to Section IX may levy
in advance a S,pecW Assessment sufficia t to provide Sunds ibo M such ,eatimated or actual costs of
W-MOUNW0111M. SRch U121101211111t AM be allocated and vow as provided in Article IX.
Further levies may be made in Irks manner -if .die .amounts collected prove insufficient to complete the
repair or ftwaftWfim The Vianow p meneWh4d ty The mom amd the amovieft of Remy stab
Special Assessments shall constitute a fund for the payment %r costs of repair or reconstruction after
casualty If a balance exists after payment of all costs of such repair or reconstruction, such balance shall
be distributed to the Owners of the Lots in proportion to the contnbutions made by each Owner to the
Association
If a decision is made not to restore the damaged improvements and no alternative improvements
am authomz4 the Association shall clear the alfinte d: priopasty of alf der& and mm and thawfier
shall maintain such improvements in a neat and attractive, landscaped condition consistent with the
Community -Wide Stwidnd The cost of removal and h ailoc*" shrill be paid for with insurance
18

proceeds. The Association chaff retain the remaining proceeds in #a general or odw funds or shall
allocate or distribute such funds as the Board determines appropriate, provided any such dtstnbution of
insurance proceeds shall be proportionate to the Members' interests.
ArOde M Ammments and Asoemon unarm
9.1. hlri m of AtiT The assess provided for heuein shall be used for the general
.2f Pwmfitft 111Wham, .41ft:vaeilive, oe tom, .ate m@w
yasom eafdo
LfvvrrerssfT ats,.ariclue9irg, wltliM limitation, the maintmano-ofnal andpersanal property, all as may
be more gwHi caUy aimed Sim tune to fimue by the Board of Directors
9 2. Creation of the Lien and Personal Obliaatton for Assessments Each Owner of a Lot, by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and
agrees to pay to the Association any and all assessments levied by the Association hereunder (inehuftg,
without limitation, Base Assessments, Special Assessments, Specific Assessments, Ad Valorem Tax
Assessments and Neighborhood Assessments) and any other charges established pursuant to the terms
of this. Dalaraplso% iiichwiat Matt. mnt >iimiteii` W t le. JIM a& many be iiapoeW in accardam
with the WmW of this Declares -and theBylaws-In- addition tar the foregoing, the Beam may efimp
each Owner a service, collocde®, cosiselt" or admairstration line (err AdMkdMM f+ee") in an.
amount to be determined by the Board from time to time in connection with the assessment and
collection of the assessments provided for in this Declaration.
Each such ass"Mr, nt, WAP&w witb late uses (a an amount determined by the Bowd,ftm
time to time, but not to exceed the greater of Twenty and Noll 00 Dollars ($20 00) per month or ten
percent (10%) of my assessment installment unpaid or such higher amount as may be permitted by the
Ate; (ataeatta tto 3f der the asmnumondtiedbylaw-r comm percent
(13%) per annuat or such olber aeauadt as asiry be pamitte$ by Ore Wlatmed Community Actj costs of
collection, msonable attorneys fees mAWly incurred and mW Administrative Fee, ahall be the jmrsonal
eebbgetAiim.rid'thaePerson vle ww &e0w>zrdfsadkLagt*Cti tieBea Klww=
Shrill be personally liable for his or her portion of each assessment coming due while he or she is the
Owner of a Lot and his or her suceesso -m-title shall be jointly and severally liable for such portion
thereof as may be due and payable at the time of conveyance; provided, father, however, the liability of
a grantee for the unpaid assessments of the grantor shallnot apply to any FnBt Mortgagee or other
purohsser taking title through foreclosure proceedings or deed in lieu of foreclosure
No tJ WMW map waive or alfierwise be eamlttt Hanna lin g tar that MOOSsoaents pca!vWW fan
herei% inchtdinig, by way of illustntron-, but not ffiniWiM abandonment of the Lot or non-use of the
Common Area. No di m udozi os abstemizat of eery assessong shaff be cl®ed or allowed by tenea of
any failure of the Association to tube some acbon or perform some function rape ed to be foam or
performed by the Association, or for inconvenience or discomfort arising from the making of mpairs or
improvements which are the responsibility of the Association, or from any action taken by the
Association to comply with any law, ordinance or directive of any governmental or municipal authority,
the obligation to pay assessments bens a separate and independent covenant on the pert of each Owner.
All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent

Aumm emb dM—be paid at a worm mute per la m mA mammer and on suite dates as may be
fixed by the Board of Directors, which may include, without limitation, acceleration, upon ten (10) days'
written notice, of assessments for delinquents, provided however, (a) notwithstanding any provision in
this Declaration to the contrary, assessments to pay o judgment agaipst the Association. may be Intuit only
against the Lots in the Community at the time the judgment was entered, and (b) if any common expense
is caused by the negligence or misconduct of any Owner or Occupant, the Association may assess the
expmsmsexchei is *UOrovtmr'sLo%,asmom * sWfW*1* Sftbm:%k3'.henf:.
All sums assessed- against any Let pursuant tan this Declaration, together with late charges (m an
rimmed determined by dip Dwd. Miens tma tar ftme6 but not to exceed the met of T weaiy aa& Iili fft
Dollars ($20.00) per month or ten percent (10%) of any installment unpaid or such higher amount as may
be permitted by the Planned Community Act), interest on the principal amount due (at a rate not to
exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum or such
ier.amount as provided in IlmPtanned sty Act), costs of coilectton, reasoriab7e attorney's fees
actually incurred and any Admi mArative Fee when remaining unpaid for thirty (30) days or longer, shall
U secured by a limn on such Lot in favor of the Association when the Association files a claim of lien in
the iM 79euiMW Camty.lde *'Milo ma lmsd neco> & -M din t armor psevided by laa4 iffthirg mfmch
m.is.n qwn d'by law, othery w such lien shall sutomaboa7ly attach Such lien shallbe superior to all
ediw liens and anwimbiances on such Lot, exciept for (s) hens and =cuatibsausaes recordad before the
Ai being ttf ide as ]lea, nfl,{,i zTreOs fmrveal eam Wires and useameaft anal
charges against the Lot. This Section does not affect the priority of mechanics' or materialmens' liens.
All persons acquiring a lien or encumbrance on any Lot after this Declaration has been recorded
in the New Hanover County; North Carolina land moonts shall be deemed" to consent that such lien or
encumbrance shall be inferior to future liens for assessments, as provided herein, whether or not prior
cmiscot is qxaftairy set "its the blumno" as saidxl� nor eacasshomm
9.3. Zi ng and ANaeatina Common Eimensw
Until the Association first levies assessments, Declarant shall be responsible for all Common
Expenses. Thereafter, assessments for Common Expenses shall be levied at least annually in accordance
with this Article
At least Sixty �60)-days before the beginning of each fiscal year, the Board shall prepare and
approve a budget of the estimated Common Expenses for the coming year The budget shall include any
c ootrilndons to be m@& to a reserve fiord fig rcjaw and ngpiac msent of crVdal assets, based on a
apoft mawre lbadyet ailiich tilas; into iaoaonut the miber and aatwe of zoolaceabje aaaats, idle
expected ilk of-each-assetand-each asse6vq=cted repair or cement cost. Tlm budgetshall-reffect
the arimanes,amd : ilmr eQ aaaoaatds ad finite to:oo �, ss�nCli way >fnClisde:a�y sanpliss do
be applied from prior years, any Income expected iiom sources other than assessments levied against the
Lots and the amount to be generated through the levy of Base Assessments, Special Assessments and Ad
Valorem Tax Assessments against the Lots, as authorized in Article IX Aber the Declarant Control
Perwd terminates, .the annual Base Assessments shall' not be increased by an amount greater than twenty
(20%) percent of the annual Base Assessment of the immediately preceding calendar year.
The Association is betaby anld ads d to levy R= Assesumau cqnft upho A Lou subjeea
to assessment to fund the Common Expenses, In determining the Bess: Assessment rate • pw Lot, the.
Board may consider any assessment me one e>pCded, to be generated bom any adddienal Lots
20

reasonably anticipated to become subject to assessment during the fiscal year Base Assessments
include any sums the Board determines necessary for the continued ownership, operation and
maintenance of the Common Property, operating expenses of the Association, payment for any items of
bd IM20 i and the a tilt -reserve WIN as Jhe'Board 1.deem pumper. -base -Assessments
may include, without limitation, sums for property taxes, insurance premiums, legal and accounting
fees, for mWitees and other mvrees..provided by the Association, if soy,
ckauiaBsrmil:�ri6arstrrvnces, later. ,�gs�ramd.,assaaaltdel ti+atE'ha@Irerupard�on
and maintenance of the storm water drainage facilities and storm seater detentienlnetention.pond(s) in
the fir, cad cipansas sad Mies irmiuved = provj6d 4mm and m.dhe Avbcks of
incorporation and Bylaws for ndermiYicttion of officers and directors and m connecton wrfln the
enforcement of rights and duties of the Association against Owners and others.
Declarant may, but shaft not he obligated fa,. reduce an Base Assessment for any fiscalyear by
paying any deficit between the Common Expenses and Association fiords collected pursuant to the
current year's budget, or any porbon of mar such deficit (in addition to any amounts paid by Declarant
underSectlim. 9.4 wll may be a een�t -M se advaaee .aft flute dim hem
Declarant or a loan,- in Declaranr's. discretion: Any such daft payment shall be.dtsebsed as a line dem
in the Noma portion of die budget: lPa weirt of as ch diet; er portipas thereof, tat say yeas dial? net
Obligate Declarant to continue payment of such deficit in future years, unless otherwise provided in a
written agreement between the Association and Declarant.
94 Spw4d Assessareals
In addition to other authari ied assessments, .the Association may levy Special Assessments to
AnWinsik'Apaciid vany
be levied against the entire membership Except as otherwise speelfiedly provided in this Declaration,
.mW .Spacial AsswmnMA=U=qvWMwzWwm&v9 .y to ar rrarttea sxx Qsaat of a.mVorrty.of the Stand
and the consent ofDWarw darurgaeawkn rtCooW ftiod. Special Assessments s'hadl'bepay"
in such mariner and at such times as determined by the Board and may be payable in installments
extending beyond the fiscal year in which the Special Assessment is approved,
9.5. Sgccft Assessments_
The Board shall have the power to levy specific assessments as, in its discretrca it shall deem
appaopmte Fariiue of the Snaa!el ttrr epamc as its aadhet�ty uaddr tb Cin sb F brr ausads. fie:
any action against the Association and shall not constitute a -waiver of *a Boards right to exercise its
authority under this Section is the future with respaeat to, say czpansm inclodma as expense far which
the Hoard has not previously exercised #9 auhority under this Section. Fmce levied pursuant to Ibis
Declaration, the initiation fee and the costs of maintenance performed by the Association for which the
Owner is responsible shall be specific asaessinwis The Board of Directors may also specifically assess
Owners for Association expenses as follows. (a) expenses of to Association are incurred D
cover the costs, including overhead and administrative costs, of providing services to Lots upon request
Of an Owarer patraueat D auy meaty of spacial services which he l sweiatioo may offer ,(w] kh nug t
mrla a the mridecs.bAM in motion 4 3), (b) z7gm as of the t4knwdation which an boo red to Bower
-cost incurred in bring M the Lot into compliance with the Governing Documeift or costs iecnned as a
rao41:9oeeaue ufAt 00ohd nifAs ter xtr0*0%wft of W iaa+t, dw meals, contractors, ampioyees,
21

licensees, invhms, or guests, aid (c) expenses of the Association wb h are incurred as a Waft of Via
conduct of a particular Owner or Occupant or the guests, tenants, mvrkm or licensees of such Owner or
Occupant may be assessed against the Lot of such Owner or Occupant
9A Ad Valma Tax AH ,&J vaimm levied agmnitt tine ComMn Ares by
the applicable governing authority, if any, shall be Common Expenses, and the Association may at any
times of the year levy against Owe eqw* as "Ad Vakrem• Tax Anessmear, in addition to the
annual Base Assessinaft vdncb a1rfN be in an amood sufficient to pay the ad valorem taxes not
included as a component of the annual But Assessm=ta
97
The Board may levy assessments against the property in a particular Neighborhood to fund actual and
tyeurred by ijlie tau for the pbury befit of ,fir w i" .
Neighborhood. Neighborhood assessments shall be levied as specifically budgeted from time to time by
the Board of Direr kbrzspeaw iiemsiieki n nwinkmaet, mossum or speeisi XVWAS In additico,
do Bowl shin levy a NqgWbodtood Assesamwtlt mpon the meat of fine Owners 3l oUbg two-thirds
(M) dribe total association vote applicable to Lots within a Neighborhood
92. Autha tv J* Assess Ownem- I= at ftmIaL Declarant hereby estabhs`hes and the
Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in the
Governing Documents. The obligation to pay assessments shall commence as to each Lot on the first
day Of t* MOP* bbywing. the * 14 J$ oerupied for re#*MtW pgrp9m. A 14 sib
be deemed to be occupied for residential purposes when it has bow improved with a dwelling for which
a certificate of occupancy has been- issued and Ina beef vomeyed to an Owner.4be intends: to occupy.
the dwelling, at, if the thr ffiag is occupied' sa a mai fence behre such eoerreymee, iliac: date of wm k
occupancy Any Lot. which. m being used by Declarant or a builder approved by Declarant as a model
home for market. and sales purposes she!) am be decaiaed sa be occupW for, wddeq a} pales and
shall not be subject to assessments under this Declaration whether owned by Dechraairt or a budder
approved by Declarant, so long as such Lot is being used as a model home and is not occupied for
residential purposes. The first annual Base Assessment levied on each Lot shall be adjusted according
to the number of widhs romitiviWin;1te fisi i:year at.#he 3>yue assessm nts cutt>tmeixce. tarfite`Lot.
Assessments shall be paid in such n m w and an such dates as the Board may establish The
Board aruy.aegimMadneegoayioniV ofawasounts, at i using aftbe s uL*r d fldl a to a Lot and mWose
special requirements for Owners with a history of delinquent payment If the Board so elects,
ANNOWO ssay.baepU in fts sat zion 44019 WAL Unless 4w Board 1peovtdes atherwisedo Base
Assessment: A0 be due and payabl6e in advance an'the first day of taiih 'fiscal year If any Owner is
delinquent in paying my assessments or other charges levied on his Lot, the Board may require the
outstanding balance on all assessments to be paid in full immediately
9.9. of Ltens-ta MRtWM: Tfie n# a$'8 same s -itsr rr rs nereliy
made subordinate to the lien of any first Mortgage if, but only if, all assessments and charges with
respect to such Lot authorized heteia having a due date on or prior so the date of ilia Marge as filed
of record have bees l& The hen beaby subordwaW& in ady such I = am n1atea ta sommiaents and
charges. authorized hereunder having a due daft subsequent to the date such Mortgage is filed of record
and Pinner to the satisfyion, caoa0011asiaai or lfaretio FIM Of enclr Me3r%W Of tie snide or i<rasafa of the
PIA

Lot pursuant to any proceeding in i`eiau of foreclosure or the sale or transfer of the Lot pursuant to a sale
under power contained in such Mortgage. Such subordination is merely a subordination and shall not
relieve the Owner of the Lot of the personal obligation to pay all assessments coming due during such
po" ofmmarship, " ad ittlium hj; 0' the licit &dbr jfflu4t .to the. a 4
subordinated lien is extinguished as a result of such subordination as against a Mortgagee or such
air Isimsfam JV fWackswe WAY shfe rondN AD a&& AT &%NE it of
sochLottxi.tLe,ItlomMMee.orxo Anyaothar-P,arson-pucsewlo aAecm of foreclaaue, or putsAWAo.any+
other proceeding m keu of foreclosure or purmarit to a We under power, shall relieve any existing or
porkus Owmn oivmh 4A iff mW Vectored. - - w vtkm snob izdt w lye *m Owfia ofRach
Lot 1•mm'ltabday d'or any assessment art and berevidlertbat°becomes due aft s ieh sale and transfer
910. ]Dies of the Association. Any sums or charges (including assessments or installments
tei� Mismst itily to'fit to his oebr ion - am-ilot.044. VA teA &W "be
delinquent Any such sums delinquent for a period of more than ten (10) days shall incur a late charge
(in an stammer determined by the Board how fixes to.tiw,. bat n€it to exomA.&e Smder oc Tweallr sad
No(100 Dallers ($20.00) per month or ten percent (W%) of argt aadogma ititpaA os.swh higher
amount as may be permitted by the Planned Community Act) and interest (at a rate not to exceed the
lesser of the MMUMM rate jimmilhad by law or eigbbaw.pomme (d'M) per onnuaam, or sacli higlisx
amount as may be permitted by the Planned Community Act). The Association shall cause a notice of
delinquency to be given to any member who has not paid within ten (10) days following the due date
(the "DeljggyM Notice"). The Delinquency Notice shall state (i) the outstanding balance due as of
OM 441e of AN WiDWINIGIVY N ) `*e VICHOW :ball MWOM (# 3) 4op fMM *0 3aiaduig offie
Delinquency Notice (the "Grace Period") to pay the outstanding balance without being required to pay
aftwooys fees and court ; (iari) go awn of sued vanuat &&MnWt&= for a repr tcee of the
Association whom ebe muibw can contact to dumas a payment schedule for the outstanding balance,
-- parrot} ayment uf:the outsteaft balance in
(ii►). t" halsaaosrn tpaiid gd&m the0maee .Ain Assocatim
m+bw& to seek payment of allmneys' Peas and court costs. The Delinquency Nodco must be writ by
first class mail to the Lot of such member and, if different to the mailing address of the member in the
Association's records. if any such sums are not paid within .thirty (30) days after the due date, the
flost.aff .and: ckc%.m immodio*' dko aR sucb (isckdft annual assesummuor
installments thereof) without any finiher notice being given to the delinquent Owner; and (1) to the
eataol permitted .by apq kdAe low, in 1iiooa as homm.paavido k iilr&.a#** grid (ii) s claim of liW4 st
herein provided; may be f" in the New 13aaaver County, l`lca& Carolina Lmd. sam& in toe maser
piimded-by law. Such lien shall include, interest, all late charges from the date first due and payable,.
ark+ Fee,.alF•oa�oFcoltaet'ion,i#t6eOw>�lfaalkaaspsrn��daclwrthaDief+nqucncy
Notice and failed to pay the outstanding balance sat forth therein within f Rena (15) days from the
mailing of the Delinquency Notice, court costs and reasonable attorneys fees actually incurred, and any
other amounts provided or permitted by law.
lq , JV Se M*rWy as iku lion, ff a .ittaiaber 6M 1101-=009 00
collection of the unpaid assessments and enforcement of a lien after the expiration of the Grace Period,
there reasonable attorneys fees collected .by the Associafieam in connection math swA debt shall not exceed
One Tbousand Tvo RIVAeil and Nal'ii 0*11=01;3M.Ift or such higher amount as asay .be Veiatfibed
by the Planned Community Act, not including costs or expenses incurred; provided however, such
limitation shall not apply bo judicial £orecloetttea or to prU= dings authorized under Section 116 (d) or
23

Seem 121 of Article 3 of ft Phmned Community Act. 'i U cAecdon orae unpaid assomme» is and
enforcement of the hen shall be deemed uncontested as long as the member does not dispute, contest or
raise any objection, defense, offset or counterclaim as to the amount or validity of the unpaid assessments
and lien asserted of the Association's do to collect fire 4obtand cubm flee lien.
If any sum assessed against any Lot pursuant to this Declaration mmarns unpaid after sixty (60)
days Sicmi do dne date, the Asnpatm rimy,aan As lllecedsk6dommne, mod6ft serif 1b conod.mwk
amounts and/or to foreclose its Gen The Ammon may fdreciaae die chiiin of ruin in Me m o men as a
mortgage on rear estate under power of sale under Article 2A of Chapter 45 of the North Carolina
GeacW &dda or in say o6w manner pauft sxi by agplicr bk law,.. pwidt d howem (i1 *e
Association may not foreclose the hen under Article 2A of Chapter 45 of the North Carolina General
Statutes if the debt securing the lien consists solely of fines imposed by the Association, interest on
unpaid fines, or attorneys fees incurred by the Association solely associated with fines unposed by the
Anoc;a09 ( Ix.by as fixer AoWe 2MvfChow .I
of the North Carolina General Statutes), and (ii) any lien securing a debt consisting solely of
AdminLskadve Few Amy 4Wy.bc wed lair jadral Emockwun: As pauxied in Arab 29A of Chapter
i Igaadar a GVamafl s, ER& Omm, byacoqftm000ftdead or as agiody to nay other
type of a conveyance, vests in the Association or its agents, to the w&nd permitted by this Declaration
and Wheable, lbw, ,the right and power to bM nll WAmns ,+,ugaaatt him or her, peraom*, for .the
.ewhation. raf.such Abww m a aiebdaarto dome the afamaw Jim in An saeic MIMW as a MMIPP
on real estate under power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes,
or in any other manner permitted by applicable law The hen provided for in this Article shall be in favor
of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of
the Owners, shall have the power to bid on the L- of at any foreclosure sale or to acquire, hold, lease,
mortgage or convey the same
irr ad+,t>atM tie 00 fixeRcrES iu the event dw an Owner h sr roast't1tiq (30) dkys delinquent: m
the payment of any assessment or charge owed to the Association, the Association -may suspend the right
of such Owner to vats, searpead rho xrgiut of mwb Oanaea to use ame enjoy 11'ma Common Area ail the
suspend any services or utflides which may be provided to Ixts in the Camomumty, subject to any notice
requrrements unposed by the institutional providers providing such services or utilities in the Community
and in accordance with the notice and hearing procedure in the Bylaws
On
.Dadag.dieDwhrantE4ntml-P,wi4.Dwlamt may (but shall -not be realumdAa :
a Declarant may advance finds to the Association sufficient tin saltisfy the deficit, if any,
betweea the ,Assumadual; .actual gpcn % cqx== sad .the saua of the Base; Speck, Neighborhood
and SpeffiC Awassmonts calloWd by ti Aasocimflon m army •sdserall yew ,'S1ach advances 9hW1, upon
request of Declarant, be evidenced by promissory notes from the Association in favor of Declarant
Declarmfs failure to obtain a promissory note shall not invalidate the debt
h. peeU uuay MW tip Anwi ion to burrow say aft fim a tliut party at the
then prevailing rates for such a loan in the local area of the Community. Declarant, in its sole discretion,
may guarantee repayyment of such loan, if required .by dine lending mstrtuticm; but no Martgagp seemed,
by the Common Area or my of the mn@ravemceis auaintMud bry die Assocus" d" be glean iw
comiecti(m wuth.such_laen.
24

Declarant may acquire property for, or provide services to, the Association or the Common Area.
Declarant shall designate the value of the property or the services provided, and such amounts, at
Declsrant's request, shall be evidenced by a promissory note, Failure to obtain a promissory note shall
Ad kyopmelke, *jWti 'tfd W WON 1*LPL
9 12 - —A%m= The.omkadw or failure of the Board Io faX.the-assessment amounts or
rates or to deN ver or will to ve& Owaer an apt saatice twit )be deemed a waiver,
modification, or a relem of any Owner from the obligation to pay assessments. In such event, each
Owner shall continue to pay assessments on the same basis as far the last year for which an assessment
was matte, if any, OEM a iww rent is made, at which time any shortfalls in colaefions my be
assessed retroactively by the Association
R-Us kganti�t
Upon written request of any Member. Mortgpgee, prospective Mortgpgee or prospective
purger of a Lot, the Association shall issue a written statement setting forth the amount of the unpaid
assessments, if any, with respect to such Lot, the amount of the current periodic assmsmeot and the date
on which such assessment becomes or became due, and any credit for advanced payments at prepaid
items Such statemazit shaft be delivered to *e ragwAmg person personally or by cardfied mail,
first-class postage prepaid, return receipt requested. The Association may require the payment of a
reasonable processing fee for issuance of such statement.
ll ' `- A €aver tsf 0heim t iie]3'
Provided such request is made in writing, if the request for a statement of account is not processed
within €owtom j14j days of recnypt of the request. all unpaid asammma first bco uae dux -before the
daft afula%stmh mpoitdall be xdbaudrarttq Wbe ]=Af a MwtM@w fiiat arts dear aoar
requesting such statement
914 Enenrat Pmnetiv.
The following property shall be exempt from payment of Base Assessments, Specific
#eta, � - AEIV�T�u .. .... -- euadlN A _. _ _ ..
a. all CoiJmaon,Area;
b any property dedicated to and accepted by any governmental authority or public
utility, and
c any and all property owned by the Declarant
9 15 Capitali=don of Associ>lhon
Upon the sale of each and every Lot in the Community after it has been improved with a
:realdmrae AN W"'a ate 'of Dicc apamvl ku :been am oot ere i0finficsi fee in .the-aMMM of One
Tionad AM'NW p w Lot Malt be voRcated fan the pwd mw t aria
-of such sale for the -benefit of the Association for ifnot collected at the closing,, shall beliaid immediately
OR did W %b A=**Aanj. '!i& qua he SW be a Specific against no .Lot and
shaft be in addition to, not in Isar of, 'tile anus Base lit Ibe'inmstion fee slisll not be
25

considered an ads peyssentofttbessnpl Dan Asrammst M s us&dm % shall be deposes into
a specially designated reserve account of the Association and shall be for the purposes of ensuring that
the Association will have cash available to pay Common Expenses, meet unforeseen expenditures, or to
acc)uire additional equipmea or sesviam dewpAd neeeasary or desuahle by the Board of Directors This
initiation fee may be increased or decreased in the sole and exclusive discretion of -the Board; provided,
however, that in no event shall this initiation fee equal more than the annual Base Assessment for the
year in which the closing on in sale of'ffii: Lot kqwwmd vreit a zmAum fu c a cardff atbet of
occupancy has been issued eecuaeit
Amide X, Expansion of the Community
10.1. Exnansion by Declarant
120.4I .. basliu_y
years after the Recording of this Declaration, whichever is earlier, Declarant resaws the right, but not
do-alwolfinin, 40 subject afthmnavy to a.rens"n of" iDwb atio n all sir ao7 Part= of the real
PWWW &WAdwd m CAM IB tiNdhVadmat.amm ly O ms or %a iid4 & OWUnsat qWI*o
m .the future. Declarant may transfer or amign .this sight to subject. property to this Declaration,
pia 4" "'* Ur=SWW 'ie'die47-VIQW-OfOi owr„s at kW 'JkJV tGft Of90 iaeal.prppoly
described in EsbM % and provided that the transfer or assignment is evidenced by a Recorded
Document
Declaration dosoribmg the property being subjected Such Annexation Declaration shall not require the
Members' gait but mall requaa ilia consent of the owner of sech p mpaiy, if cther than D wkmx .
Any such annexation ofing is effeefim upon ft- neadhag .ol. rut Anw.6on, Dieclhugun =has
otherwise provided therein.
10 2 Expansion by the Association
Upon termination of the Declarant Control Period, the Association may subject any real
pl el#y io *0 #d04fts elk'.Us DNhWW W �QWM Of ft OWW Of ice, J'
authorized by the affirmative vote of Members representing Sixty-seven (67%) percent of the total
existing vaolesap the Aww ahm
The Association shall subject such property by recordiiig an Annexation Declaration describing
dw,PnvVerty bang xkjw*KL Any such Amaexaffoa Declarations shall .be executed by the Association
Md ilia comer mif Dhe SONGOt pr+operiy, meta thug ba wed bythe Sacrrtary afto Assocubou to have
been authorized by the requisite vote of the Members of the Association.
103f Audooddiftoft. > .fide fb Owl"fo se► look it
has a right to annex additional real property to the Community pursuant to this Article for the purpose of
removmg any portim of the Communq. rhea owned by Declarant or the As osam from the coverage
of this Declaration, to the extent onginaQy mchidoa in error or as a result of any change:« whatsoever in
the plans. for the Community, provided such withdrawal is not.umequivoeally contrary to the overall,
uniform scheme of development for the Camumsedy Any sueb wrddrawvl sbidi be aeeemphsbed by

filing- an aft to the Dreccbrafi= executed by Declarant describing the property to be removed:
Such amendment shall be executed by the Declarant and the owner(s) of the property being removed if
said property is not owned by the Declarant and shall not require the vote or consent of members of the
'Abe wedfvb em ft oftaftc&d to oe 0411wo bra: tf
New Hanover County unless a later effective date is provided therein
Ardele XL Deelarant Rights.
Tit 1Reesame9D Tin ll
Declarant, builders approved by Declarant and/or their contractors or subcontrators may
conaRn>ct ixtovements ID or Viftin tbuQ sty inclod".to the Lets. Thu comp- of sucL
constrvction and the sale or other disposal of the Lots is essential to the establishment and welfare of the
Community Therefore, during the Declarant Control Period, nothing in this Declaratton or the other
Governing Documem shell be construed to:
a. prevent Declarant, builders approved by Declarant, or their contactors or
su6couttachn ftem doing wliettiver is raesone* naeesssry a tdvisebra in cminacbm writs the
commencement or completion of the above -described work throughout the Community,
b pieevent Declarant or its representatives from Ong, constructing, and maintaining
anywhere in the Community such structures as reasonably may be necessary for the conduct of its
business of completing the work, establishing The Overlook at Middle Sound Loop as a residential
Coa>ami WandidisposiogdtfielAftbyhdle,'Jesakorodierwiaer
a prevent Declarant and/or builders approved by Declarant from manitauung such signs
wd'oco*rcft see& WkVf6W •U AnY PM -Af to Comm=* stwaedl by Dadamat sa tar .builders
approved by Declarant as Declarant and/or builders approved by Declarant may deem to be reasonably
necessary for the sale, lease, or disposition of Lots, or
A 0609K VddW "d UAW& 90WVAby badvat t peft Wvftft an
Lots or other property which it owns one or more mobile trailers or temporary structures as sales
offices or for conshuction activities
Nothing in this Section shall give Declarant and/or builders approved by Declarant the right to
damage any Lot or other property not owned by Declarant and/or builders approved by Declarant.
11.2. Mukotmg and Salsa Activities.
Dmft ate _ Dar". Cowoi -M d.. MolmW mW.h %Wm Www" :4V Vodg Id
construct, relocate, maintain and carry on upon any Lot Declarant owns, the builder approved by
Declarant .awns ar .upon portions of the Common Agee, such facilities and -activities as may be
resimnably aquired, c©nvaneent or mitdomal to The oonstimr uen, nwbftg or ,sale of as.
determined in Declarsafs sole opinion. Such facilities and activities may include, without limitation,
business otitces, signs, model homes, and sales Offices. There shall be no limit on the number or stag of
such facilkies. Dwsarant and'tiuild1ers approved byTNaclarant dhell7mve essemeift fareac es to and use
27

61 sodh'faci fifties. Uedlaramt reserves the n#A to remove any persons property fiscal m wine duon with
its activities on the Common Area upon termination of its rights under this Section
113. Conshuction of lmnmvementa
During the Declarant Control Period, Declarant and its employees, agents and designees shall
have a right of access and use and an easement over and upon allof the Common Axe& for the purpose
of making, eanstroebW and histidling mach himprovementa tram Cmmo w Ama as• it deems appropriMe
in its sole discretion.
I I A. Right to Appmve Additional Covenants
During the Declarant Control Period, no person or entity shall record any declaration of
covenants. conditions and restrictions. or declaration of condominium or similar mshument a$batina
any portion of the Community without Declarants prior written approval. Any instrument recorded
without such consent shall be void and of no force and effect unless Declarant subsequently consents in
*ihsesaded .
Any or all of Declarant's rights or obligations set forth in this Declaration or the Bylaws may
be transferred in whole or in part to other persons, however, the transfer shall not reduce an obligation
or enlarge a right beyond that which Declarant has under this Declaration or the Bylaws. No such
transfer or assignment shall be effective unless evidenced by a Recorded Document The foregoing
sentence shall not preclude Declarant from permitting other persons to exercise, on a one-time or
limited .basis, my right mwired to Dwhnnt- m this Declarstion where Declarant does not intend to
transfer such right in its entirety In such case it shall not be necessary to record any written assignment
unless necessmy to evidence Deehri nl's conscat to wadi esiemrse.
116 Exclusive Rigits to Use Name of Develorn�i t
During the Declarant Control Period, no person or entity shall use the name ",Overlook at
Middie Sound i.00p' or any derivative of such name in any printed or promotional material without
Declararit's prior written consent. However. Owners may use the name "The Overlook at Middle Sound
;Arne" .in r dWed or promaRiond matter adhere such tenor is wail soldy to Vocify that particular
property is located within- the community and the Dissociation shall be entitled to use the words "The
iDverioat i't�Mrddle �ddxiilp" an�aniraae.
117 Ri to Aatimve G mess m Commjm tau n s
During the Declarant Control Period, no amendment to, or m44ificatimi of any Rules and
• ..jitui d.... - -•--I... - -..—.. .,
M.�jWiiuVLS lli xt�illlux:tlil$l l7W(lGllllCb tlLiul Uo OliCNUVG Wll1IllYl iJGl:litt`WLL6 �JCLIJI' WfILLCu tlk7f11UY31.
l I.S. Easement to bXIM& and Right to Correct
1181 Easement Declarant reserves for itself and such other mesons as it may desigpate
perpetual non-exclusive easements dwo"llian TIC Coommnnity to the exWii MASOMMY necessary FW
28

the popes Of access bapectmg, tea ft redesigning or connoting any portion of the Community
including Lots and Common Area Declarant shall have the right to redesign or correct any part of the
Community, including Lots owned by Declarant and Common Areas
It A 2 RJi t gf Errtry Entry .onto -a Lot -shall be after reasonable notice, -except m-an
emergency. entry into a structure on a Lot shah be only after Deciarant notifies the Loes Owner and
agrees with the Owner regarding a reasonable time to ewer the structures on such lot to perform such
adjwfws.
11.33. ftmW Dachmot'aball p ooVtly mparr any dm=V ina.Lot or the C itunmon Area
malting lip the ameccise of die easement or n& of adtry described in abseclions 4111 aed I`1 A 2
of this Section at its own expense. The exercise of these easements shall not unreasonably interfere with
the use of any Lot, and entry onto any Lot shall be made only after reasonable notice to the Owner or
Occupant
It 9 Neighborhoods
During the Mclatafit Corti a Varied,. Declarant, .acting. in As sole mind absolute discretion, shall
have the right, but not the obligation to esfablrah separately developed residuaiial Neighborhoods,
recreational areas and amarity was. or som % ail or none of these, wMw an C�mmhoarty, aid, to
designate Limited Common Area for the exclusive use of one or more, but less than all of
Neighborhoods Every Lot situated within a designated Neighborhood may be subjected to additional
covenants, conditions, resnactions and additional assessments fbuservices provided to. Lots within Bach
MTsilu4VYOrliiaUUMI&fUWatul auuny uv .�lYµl avi �i w taro uTMi lvyiaa�«�.a u v y
Supplemental Declaration
Any Neighborhood may request that the Assocubon ,provide a higher level of service than that
which - the A iocia on gt r provides ,ton all Nagbbodwoft or may rwmrest that the Association.
provide soda aetvices for*0 i>9MMfitoMAS Ih M& N14411W100d 17p0a 9W*f&WaAiW vote, ofAe
Owners of a msUority of the Lots within the Neighborhood, the Association shall provide the requested
services. The cost of such services, which may include a reasonable administrative charge in such
amount as the Board deems appropnabe (provided, anysuch administrativw charge shall apply at a
uuifGiui inio P07 uri w iiii iiciL7l`wJiilwui icGc&VUA8 tuc MULM ooiv1..h WMA b\. a Lwi*U l4 r:1a
Assessment.
11.10 ApRa jWm= or Removal of Members of 9m Board and officers Daring the Declarant
Control Period, Declarant shall have the fight to appoint or remove ray member of the Hoard or offioar
of the Association
I 1 11 Amendment to Declaration During the Declarant Control Period, Declarant shall have the
right to .amend or rescind and restate this. Declaration by. a Recorded Document, without. approval or
. —f wine A e� a^'�:.�.:.v""'+..,« .rite. D.~ n...s e..uveyu .A ,., c�lwnn 19 9'i�wl!liti.
11.12 Review of Des m and Coon. During the Declarant Control Period, Dechuant shall
have the right io control #lee desqA gway, odalisfi m gad aauhnction of unprovemeeft witthm the
Community as provided m Article V above.
29

Article X UL Ease ascots and Storm Water Covenants
12.1
12 1 1 Owners' Easements of Enigy=. Except as limited by this Declaration and the
Planned Community Act, Declarant hereby reserves unto itself, its successors .and assigns, and grants to
Gm Amads ion and U amsty Omw a aearamira wo assimmut of use and eii joyment in and to the
Common Amer which shall be Appurtenant to and .shall ,pass with. the title to every Lot. Except as limited
by this Decl erafio n and thellanned Commudity Act; any Dwaa• may delegate his or her rights of use and
enjoyment of the Common Area to the members of his or her family, tenants, contract purchasers who
reside on the Property, or guests
12.1.2 Wa&L Drives. Bid= Areas: and Utxlitiea Declarant hereby reserves unto its4 its
successtma and assigns, alai grants io i$e AsmuinduA (aarwr WIC vxpuugon ul t;ae Dcuim n t Cuntiul
Period) the right to subject all portions of the Property designated or to be designated as Common Area
to such eageyosaisrs fm ii4nvasaritys; WdMMM par)hag aeae.,s water Imes, smifty. sasw ers, storm drainage
facilities and for the mamteaance of and general access to all suirmwater control structmM gas .i`rws,.
telephone and electric power lines, television. wNsina Imes, cthea rrtilit % nwma , egress and regress and
otherwise as it deems to be in the best interests_ of and necessary and proper fta•, the Community or any
portion thereof
12 1.3 EngmIghmEzffi and Dees Easement to Correct ,name. Declarant hereby
reserves, for the benefit of itself, its successors in interest and assigns, and. grants to the Association, the
Owners, their hairs, successors and assigns, over all Lots and the Common Area easements for the
encroachment of initial unprovaments constructed on any Lots or Common Area to the extent: that such
radial unismvemaft'salmilqencroa*'md6dm& wig fimihtl6on, sack fiems as overliaeft eaves,
gutters, downspouts, exterior storage rooms, bay windows, steps and walls, upon any of the office•
pmVons of 'the PrOMW Any vasoniings) for vivanadsment shall mehrde an sa ment(s) for the
wee mid use of do vacronr hing improvenvents in favor of Declarant, the Association, the
Owners and all of theirdesignees. For a period of twenty-five (25) years from the date of conveyance of
the first Lot in a parcel or section, the Declarant reserves for itself and its successors in interest and
assigns a blaskat easement and right -of way on, over, and under the. ground within tita parcel, phase of
y.:,a'-"
health, safety and appearance. Stich rights expressly include the right to cut any trees, bushes or
shrubbery, make any gradings of the soil or take any other similar action reasonably necessary After
such action has been completed, the Declarant atoll reshxe the a T crod Property to its anginal condition
to the extent pnichcabie Declarant shall give reek notice of intent to take such acrid to ail
affected owners. 'these rights and reseavatiaari are anomblit by the DeclarimL
12 1.4 Easement fDr EM Features. Declarant hereby reserves for the benefit of itself, its
successors and assigns in internal and assigns and grants to the Association an easement for ingress,
egress, installation, construction landscaping and maintenance of entry features and similar streetseapes
for the Community, over and upon each Lot and all Common Area. The easement and right herein
reserved shall include the right to cut, remove and plant trees, shrubbery, flowers .and other vegetation
wound such entry %a4nasa W do dill tAla Veda be hadindwmil a mmdtrnch entryIndi m
121 S Qnstristion and Sale Period Easement Notwithstanding any provisions contained in
:ilea Declarafion, the ByIsm%Im Aeficlesof bwoquaQw, tree asindiong, sales aad
30

guidetkM and aagr: -uaUL Declaimer, teak undarexaft to subject property to this
Declaration terminates and thereaf%r so long as Declarant owns any property in the Community for
development or sale, Declarant reserves an easement across the Community for Declarant and any
builder approved by Declarant to maintain and carry on development, construction, and sales activities
related to nrcw"ty within or near the CAmunumty, upon such portion of the rommunity as Declarant may
reasonably deem necessary. This reserved easement shall include an easement for such facilities and
activities which, in the sole opinion of Declarant may be required, convement or mcidental to the
development, eonstruction and sales activities related to properly within or near the Community. This
easement shall 4aclude, without limitation: (r) the right of access, ingress .and egress for vehicular and
pedestrian traffic and ranaUachm activities over, under, on or in any portion of the Community as welt
as any Lot in the Commnmiity; ' ii)1he right `to ift ue to any portion of t'he "Community wig driveways,
parking areas and walkways; (III) the right to tie into or otherwise connect and use (without a upon or
any other fee for doing so), replace, relocate, maintain and repair any device which provides utility or
similar services, (iv) the right (but not the obligation) to construa recreational facilities on the Common
Arco, (v) ire right iucarry uu suits and promotional acaiviiius in the Community; (vi) iut ii& io place
direction and marketing signs on any portion of the Community, including any Lot or Common Area; and
(vn) the right to construct and operate busmen adiice% argon, comstruc csa traders, model nmdew=, and
sales offices incidental to the construction, development and sales activities: Fu dw,. the Declarant and
any budder approved by Declarant may use redadence% ofiiaes or other buddmga owned at leased by
Declarant or such builder as model residences and sates oilic M and may alm use recreational facilities
available for use by the Community as a sales office or for marketing purposes without charge Rights
exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the
quiet enjoyment of affected property, and reasonable steps shall be taken to protect such property from
damage Any damage shall be repaired by the person causing the damage at its sole expense. This
section shall not be amended without the Declara es express written consent until the Declarant', rights
hereunder have terminated as provided in this Declaration
12.1.6 Irrinflon. Declarant hereby reserves for the benefit of itself, its successors and assigns
in bOredt mod aasigna anti gmft % flue Amoeiahona non+exclusigo, blmliet annuse t +over the Property
lei p water from ponds, ldlass anti other bodies+ef maser located within the Conammity for irrigation
purposes and to maintain, repair and remove irrigation systems to serve landscaping in Common Areas
12 17 Feam Wma= Declarant. hereby reserves for the benefit of itself, its successors and.
--- _—_ _ __1_.s __1 _____ J t_ aL_ ♦______a._. _� ____.Y _tea ,------
aaotguo ut ulmu % a aaatiy,,S auu knife w tuv tsnawtauuu au easame„t aciosi auj , s,t w,uvu uutuwa
upon or contains a portion of any water facility, detention pond, or retention pond for the purpose of
access to such facility or pond, and for the purpose of erecting any fence which is either required by the
subdivision development and construction plains or governmental regulation.rule, ordmanae, or plan
approval requirement
121 g Easement to Government Entities. Declarant hereby assigns and grants a perpetual,
non-exclusive easement for the benefit of municipal, State or public utilities serving the area, their agents
and employees, over all Common Area hereby or hereafter established for setting, removing and reading
utility meters, maintaining and replacing utility connections, and Declarant assigns and grants a
perpetual, non-exclusive easement for emergency and public services over the property for the benefit of
other public safety and welfare services or agencies, including, without linutation, garbage collection,
mug *timary, polieaasid fin WAOC Sea.
12.19 Erma t ,arid li;* of 5M 1w : and Tcaza matt_ m. if any
dwelling a located deer than four,(4) feat fiom its lot lme, this Ocaner thereof shall have a perpetual
31

access easement over the adjoining lot to the taum reasesaNy accessary to perform repair, mabrumance
or reconstruction of his or her home Such repair, maintenance or reconstruction shall be done
expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot to as near the
same condition as that which existed prior to the commencement of the work as is reasonably practicable.
121 10 Use of Common Area, Subject to any limitation or restriction set forth in this
Declaration, Declarant declares that the Common Area is subject to'a perpetual, non-exclusive easement
in Eavor of Dadaism, die Association and 66k designees, the Owners sad ail din* fa ully members,
suests, invitees and tenants, and appmgriate governmental and quasi -governmental .agencies .to .use .the
Common Area for all proper and normal purposes mdluding, but not limited tt% ingress, egress and access
for the furnishmg of services and utilities and for such use of the facilities as the same are reasonably
intended in accordance with the terms of this Declaration and any Annexation or Supplemental
Declaration. If ingress or egress to any Lot or other portion of the Property is through any Common
Area, any conveyance or enctrinbrance of such area is subject to this essomeat.
12.1.11 Right of the Association and Declarant to Enter Uorni the Common Area Declarant
hereby reserves for the benefit of rbolf, its successors in interest and assigns, and grants to the
Association and all agents, employees or other desigcees of Decbnwt'or the Association an esseemettt for
ingress, egress and access to enter upon or over the Common Area for the purposes of mgxcting say
construction. proposed construction, at mopravemeads or fulfilling the tights, duties and responsibilities
of ownership, administration, maintenance and repair of Declarant or the Association, as appropriate.
Such easement includes an easement in favor of the Association and Declarant to enter upon the
Common Area, now or hereafter created to use, repair, maintain and replace the same for the purposes for
which they are initially designated or for such purposes as they are hereafter redesignated or as Declarant
otherwise determines them to be reasonably suited Notwithstanding the foregoing, nothing contained
herein shall be interpreted as imposing any obligation upon the Association or Declarant to maintain,
repair, or const risdtknprovemments whedh an Owner m ingwreii to maintsr, cant udt or repeh:
121 12 1tW-kg� Oatrr bras Declaaant hereby reserves, for this bet►efit of ttaelt its
'eta, employees, basees, mvhues, &mWmm% aunts emd assrgos, and grants to the Aaeocnhon, Rs
agents, employees, tenants, invitees, designees, successors and assigns, and to each Owner of a Lot or
Tract, their family members, tenants, guests, mvitees, successors and assigns, and to each Occupant of a
Got and to all governmental and quasi -governmental agencies and service entities having. jurisdiction
(%YYl W 1nrV - L V,WLG GL , lu YIGLL 1LA LNU G LIMVUMB " i a l nbtr-C9CCl'SBi.0 v'aSir'Si Cn}
license, right and privilege of passage and use, both pedestrian and vehicular, over and across any roads,
streets, sidewalks, entranceways and cul dates imthe Community for the purpose of providing access,
ingress and egress to and from, through and between the Property.
12.1.13 UUft and Drama EasemnAL 71re Property slydl be saftect to all awmacuft and
rights -of -way for utilities and drainage shown on any Recorded Document. Such easements are hereby
reserved for the use of Declarant, its successors and assigns, and are hereby established for the use of the
Association, its successors and assigns. Additionally, Declarant hereby reserves, for the benefit of itself,
its successors and assigns, and grants to the Association, its -successors and assigus, a non-exclusive
easement and right-of-way over, under and along a 10-foot strip of land adjacent to the fivnt, side and
rear boundary Imes of all Lots within the Property for the installation and maintenance of lines, conduits,
:AM ad d&W amment weessesy for fimishm electisc FM, WE, kbwhetre servo m, Doable surviae,
water, irrigation, sanitary sewer and drainage facilities, storm drainage and/or other utilities Within the
above4acaibed "ll be.olumd, or powift i to goarn
which aw dam V or boorkae wah the itrstallifi n of utilrrias or which may,change the direction or flow
32

4f chWA0kitrtfre of
driveways, at locations approved by the ARC, over such easements
12 1.14 Deelarant's Right to Assign Easements, Maintenance of Easement AMN. Declarant
shall have the right to assign and convey. in whole or in Fart, the easements reserved by it her. eamder.
The area burdened by the easements and rights•of--way, reserved by Declarant on each Lot or other
portion of the Property pursuant hereto, including any improvements in such areas, which am mot io *
Maenad by flit Anocniaaa or avuVw a wkwa or eMV. mil be unmussied towasnowly by each
Owner of such f or oiler portion of the Property, but no structures, p'lantmgs or other material Amffi be
plaided or permitted to remain upon such area or.o't w adwities vrohwWwa dwam which may dinoap
-or bterfbre with fire nrstalMion or maintenance of utilities w otter services, or which may retard,
obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or
create erosion problems Notwithstanding the above, the Association and/or Declarant shall have the
right, but not the obligatiem; to maintain the landscaping im the, easement areas on any Lot.
12.1.15 Easement Reserved for the Association and Declarant Full rights of access, ingress and
egress are hereby reserved by Declarant for itself and the Association at all times over and upon any Lot
or other portion of the Property for the exercise of the easement rights described in this Article XH and
for the carrying out by Declarant or the Association of tlae rights, funcown, duties and obl4pbam of
cacti hereunder, provided, that any suchentry by Declarant or. the Asaocration upon any Lot or pan!= of
the Property shall be made with the minimum inconvenience to the Owner of such property as is
reasonably practical, and any damage caused as a result of the gross negligence of Declarant, the
Association or their employees or agents shall be repaired by Declarant or the Association, as the case
may be, at the expense of Declarant or the Association, as the case may be
12.116 Additional Easem= Declarant shall have the right to grant over, under, across and
Wang vnbm 4f-do ftewV camilaby-Badnaaat, and Am essid 9 S how tie aradwrdy, vs da sole
discretion, to grant over, under, across and upon the Common Area, such easements,
sapptrsaieni the psaovisrarls irf this Declaration or m may
otherwin be desnable for the development of the Community, by tle execution, without hither
authorization, of such grants of easement or other instruments as may from time to time be necessary or
desirable Such easements may be for the use and benefit of persons who are not Members or Owners
After such time as the members of the Board areno, longer appointed by Declarant, the. Beard- shall
tiSiVEn.aaw waiaa-vwi&:aai uiau w oawai bL-1w v Gaaowaa:we� :. a tic wruaauana eAiavoo as .a.oJ'm , be
desirable to Declarant for the development of the Community and the preservation and enhancement of
Declarant's interest therein.
1414.1+,,, DTI
The covenants stated below are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 070303, as issued by the Division of Water Quality under NCAC
2H 1000 The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the stormwater:management permit. These -covenants am to rat with the
I
und and Im umduig sin Dili poiwus ,uidi panics uiaiwu ,g uudocinouy iuni-dic wveuinnis poriai" Cu
stormwater may not be altered or rescinded without the express written consent of the State of North
Carolina, Division of Water Quality The covenants are as follows
e. Alteration of the dmamp as abowu = the approved and permitted plan may not take
piece without the cons mmmae of the.ilivaaaaaaofValor Qwkly.
33

b. The maximum alkwibile bvtht-upon area per lot is 4;liitMO fish Ma,allound
amount includes any built -upon area constructed within the lot property boundaries, and that portion of
the nght-of-way between the front lot line and the edge of the pavement Built upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but
does not include nosed, .open wood decking, or the water surface ofswimming pools
c. All runoff from the built -upon areas cm the lot must dram mtaa the permitted system.
?b� idap be a �coug6.,paawaid%pg >�of dv whairh d to dra stiff tWa fat
to dialer toward the street, or grading perimater swales to collect kit runoff and directing therm mto the
stormwater system or into the strea
Built -upon area in excess of the permitted amount will require a permit modification.
e All affected lots shall maintain a 50' wide vegetative buffer adjacent to all surface
waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the
top of hank of both sides of streams and rivers and the mean high water line of tidal waters.
f Any individual or entity found to be in noncomplrasice with the peovisione of the
stormweW managemrd permit or the tequirem nits of the Stoimwater Rules is subject to enforcement
procedures as set fa#A in NZ.G,S ,SwAen 143, Article 21
Article XIIL Dispute Resolution and Limitation on Litigation.
13 1 Consensus for Association Litiga ft.
Except as provided in this Section, the Association shall not commence a judicial or
admkdgM.th* P0010ft wither the mpp Wit of Members representing at }cast sLxty-aeven (67%)
percent of the total votes of the Association. This Section shall not apply, however, to (a) actions by the
Association to enforce the Goveming Documents (including wiWout Limitation, than imposition of fines,
the waspension of privileges or swvww or the foreclosure of lima), (b) be colledion of assessmeaft (c)
procceduigs involving challenges to cal valorem taxation, or (d) counterclaims brought by the
Association in proceedings instituted against it This Section shall not be amended unless such
amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above
Prior to the Association or any Member commencing any judicial or administrative procceding to
Much Doclmat m as party. and iehieh gees Ant Hof as abed de6oct in ilea Community or any
improvement constructed thereon, Declarant shall have -the right -to meet in good faith and discuss the
sulgect of the proceeds wig the Members or the particular Member, and to aaxss, inspect, correct the
c osi tion of or cadesrgn any power n of the Co m m W, meludmg any ttapravemant as to which a defect
is alleged In addition, the Association or the Member shall notify the builder who constructed such
improvements prior to retaining any other expert witness or for other litigation purposes.
13.2. Al amave Method for Rmplving Doi .
Decfatamt, the Association, its officers, directors and committee members, all Persons subject to
this Declarotion atey beftr wtddn thix Caroffimnitg; and say ftsm not odxrama subject to the
Declaration who agrees to submit to this Article (collectively, "Bound Parses") agree to encourage the
amicable resolutwn of dispute involving the Community without the emotional and financud costs of
litigation. Acomlingly, each Bound Party covenants and agrees to use good faifii eta to resolve those
34

claims, grihvaawm or dibpulm dwm%d m Saaton 13:3 ("Cbms") using the procedures set f sis in
Section 13.4 hereof.
13 3. Claims
Unless specifically exempted below, all Claims arising out of or relating to the into pretaflon,
application, or enforcement of the -Governing Documents, or the rights, obligations. and duties of any
Bm ed "oodardw,Gw=u ft Dammaskor mbfiggeeSie dmp or commcfin of improvenaiints
in the CAmmtmity (other Asa mamera of aesthetic judgment under Article V, which shall not be sulgeot
tom shall be mbieatto.do prawasi=i;,ofSec" 13.4.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be
Claims and shall not be subject to the provisions of Section 13.4-
a. any suit by the Declarant and/or Association against any Bound Party to enforce the
provisions of this Declaration,
b any suit by the Declarant; Association or any Owner tU obtain.a tempgrarymbaimng
order (or equi brA emaq aacy eqmdWge nbet)md. suchotllax anci3lty xeW as ft evert may dams:
necessary in order to maintain the status quo and preserve the party's ability to enforce the provisions of
this Declaration;
V any suit between Owners, -which does not include Dech ant or tam Association as a
party, if such suit asserts a Claim which would constitute a cause of action independent of the Govwning
Documents;
d. any suit in Web any indispensable party is not a Bound Party, .and
e. any Wit as to whxih =i SPONAU Afta of Idea would a qWO Withm 181
days of giving the Notice required by Sechon 13.4.1 unless the party or parties against whom the Claim
is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be
necessary to comply with this Article.
With the consent of all parties thereto, any of the above may be submitted to the alternative
disPuls resoludest prneednM sat fath IN Seim 13A.
13 4 MgdatM 1hrocedum
13A.1. Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party
("Respondent") (collect<vely, the "Parties") shall notify each Respondent in writing (the "Notice"),
stah»g.plamly and concisely
the cimw,
the nature of the Claim, including the Persons involved and Respondent's role in
b. the legal basis of the Claim (Le, the specific authority out of which the Claim
35

that Claimant will meet with Respondent to discuss in good faith ways to
resolve the Claim
13.4.2. Negotiation and Mediation
a The. Patties shill" in dw every noscmabb ~ to meat in person .and confer for
ft i?mpm of rosolviatthe CW.m by goask faW wV00im # mquadW is.w,; acompanied by a
copy of the Notice, the Board may appointa representative to assist the Parties in negotiation..
b. If the Parties do not resolve the Claus within Thirty (30) days of the date of the
Notice (or within such other period as may be agreed upon by the Parties) ("Termination of
Neratisticros"1, Claimant shall have Thirty (301 additional days to submit the Claus to mediation under
an independent agency providing dispute resolution services in New Hanover County or surrounding
area
c If Claimant does not submit the Claim to mediation within such time, or does
Udaffmarfurfite aadiftwk Mb=M*Wihe,a MW balimunmd OPCI=6 and Raspoo st tau
be released and discharged from any and all liability to Claimant on account of such Chum, however,
nothing harem shall release or discharge Respondent from any liability to any Person other than the
Claimant.
d Any settlement of the Claus through mediation shall be documented in writing
by the medtatnir and signed by the Parties If the Parties do not settle the Clain within Thuty (30) days
aft submission of the ma111- to the madiabon, cr w dkiii sacs time as dntermined by the mediator, die
mediator shall issue a notice of termimtiem of the mediation {°Te amattoa. of Media im").
The Termh attar of Madbrtiva sat forth dW.flfe Fairbas are at an impasse and the date that
mediation was terminated.
e. Within five (5) days of the Termination of Mediation, the Claimant shall make a
final written demand ("Settlement Demand") to the Respondent and the Respondent shall make a final
written settlement offer ("Settlement Offer") to the Claimant If the Claimant fails to make a Settlement
Demand, Claimants' wigmal Notice shall constitute the Settlement Demand. If the Respondent fails to
rt W= % Settlement Ol9i'or, Reopmnimt mall be demad m have made a "ism " or "tenths nothing"
Settlement Offer.
13A.3. Final and BtitdirigArbitraitton
a. If the Parties do not agree in writing to a settlement of the Claim within fifteen
(15) days of the Tamunation of Mabatim the Claimant shall have fifteen (15) additional clays to submit
the Claim to arbitration in accordance with the ruies of arbitration.promulgated -or observed by the
agency providing the arbibutar. If not timely submitted to arbitration or if the Claimant fails to appear
for the sib fustian proceeding, the Ch mma shall be deemed sha doped, acid'NuFadent sbuff be nekaseil
and discharged from any and all liability to Claimant ansing out of such Claim; however, nothing harem
shall rate= or discheWAespondaut from any Iia6rTfr to parties. other than Clmamam
36

b TLtis subsection 13.4.3(b) is an agreement to arbitrate and is specirmally
enforceable under any applicable arbitration laws of the State of North Carolina. The arbitration award
("Award") shall be final and binding, and judgment may be entered upon it in any court of competent
jurisdiction to the.fiilhmt•ii t permitted under the laws of:NorthCAznlirm
13.5 Allocation of Costs of Resglyjing Claims
13.5.1. Subject to Section 13 5 2, each Party shall bear its own costs, mchudmg $ttonvVe
Am, and each P" shall share. egad* all ebopsswsr I I by the mmbator(s) and all filing foes and
cosis 0f dwa*wataaprecoximgir'�t1 oncase)
13.5.2. Any Award that is equal to or more favorable to. Claimant than Claimant's
SettlemW Demand shall add Claimant's Post Mediation Costs,.mcludingreasonable attorney's fees,,to
tl`.�_ A. =d, mmh mate to be l ome equally l%v nil A— A-4 +h.+ m am.�r4n r�r iPaa
favorable to Claimant than any Respondents' Settlement Offer shall award such Respondent its Post
Mediation Cadtk. including reasonable attorney's fees
13.6. Enforoement of Resohitioa
If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance
with Section 13.4 and any Party thereafter fails to abide by the terms of such agreemern, or if any Party
fails to comply with an Award, then any other Party may file suit or initiate administrative proceedings
to enforce. tuieh Yvreement without the need to avaiti. emmnly with the nmcedureF stet Rath in Section
13 A. In such everd, the Party taking action to enforce the agreement shall be entitled to recover from the
nanieemplyig PadY * if time athaa an sick fir, from all such Padies pro vWw) sill costs
incurred in enforcing such agreement, including, without limitation, attorneys' fees and court costs
Article XIV. Mortgagee Provisions
The following provisions are for the benefit of holders, insurers, and guarantors of First
Mortgages on Lots in the Community.. The provisions of this Article apply to both this Declaration and
to the nyiaws, norwitasrandmg any omer provisions comamed Therein
14.1. Notices of Action
An institutional bolder, insurer, or Suarantor of a First Mor4W which p mvidea a written request to the
Association, such request to state the nai a and address of suck holder, insurer, or guarantor and tk
street address of the Lot to which its Mortgage relates, thereby becoming an ("Eligible Holder"), shall be
entitled to timely written notice of
a any T:onemnahon loss or any casualty loss which affects a material portion of the
community or which affects any Ut on which there is a First Mortgage held, insured, or guaranteed by
such Eligible Holde4
b any delinquency in the payment of assessments or charges owed by a Lot subject to
90 Mee yr mrdkd3+ig hb. 3s68ar, ialheire anch,defiegnenc+y has continued for a penod of shity (60)
37

days, or any othw of O* 49bg DMmmats > g tca smelt Lot w#mV rnerr ar Occuprsrrt
which is not cured within sixty (60) days of receiving notice of such violation,
C. any lapse, cancellation .or material ,modification of any insurance _policy the
LAI.IJIIV Vll l..pLLll as, Cr.
I& any In achm which would require the consent of a specified percentage of
Eligible Holders
141.2. .
No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner
or other pally priority over any rights of the First Mortgagee of any Lot in the case of distribution to such
Owner of insurance proceeds or condemnation awards for losses to or a tiling of the Common Area.
K3 N�icetoAssociation
Upon request, each Owner shall be obligated to furnish to the Association the name and address
of the holder of any Mortgage encumbering such Owner's Lot.
14 4 Eailure of MgAgaar;►.ee To Respond.
Any MMtgagoo who receives a.wntten request from the Board to respond to or consent to arty
aw�en i... are .a tV i ..ya ----L . i— .4 `*.' s wr..a Ot re --
response from the Mortgagee within thirty (30) days of the date of the Association's request, provided
such request is delivered to the Modgegee by certified or rggistened mail, return receipt r "osted.
14 5 CamstrUfM of Article XIV.
Nothing contained in this Article shall be construed to reduce the percentage vote that must
otherwise be obtained under this Declaration, the Bylaws or the Planned Community Act for any of the
acts set out in this Article
Arttele XV. Changes in Common Area
151 Condemnabcm_
ff a Lot or portion thereof shall be taken by emmem domain, compensation and the Owners
interests in the Common Area shall be appropriately allocated among all other Owners. if any part of
the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board
acting on the written demon of members representing at learn Sixty-seven (67%) percent of the. total
votes in me Association) oy any authority having the power of condemnation or eminent domain, each
Owner shall be entitled to writbon notice of such taking or conveyance prior to disbursement of any
canduannition award or jameeda 6wm awk connyaarx Suelk naiad or pm000ds %hall be pyabfe to the
Association -to be disbursed as follows:
38

a IT the truing or conveyance involves a portion of the Common Area on which
improvements have been constructed, the Association shall restore or replace such improvements on the
remaining Common Area to the extent available, unless within sixty (Go) days after such taking
D,eclarant,during the Declarant Control.Period, and Members. representingat least. eighty (a%) percent
of It: Win! wins m iub Amwiuuun simii uincrwisa agive Auy, suu1i wnsinwiiuu simile be in xuwrwuuw
with plans approved by the Board The provisions of Article din regarding funds for restoring
improvements .wall &my
b. If the t as cearvaya n del= not involve ay bqwmemmu on the Common
Area, if a decision is made not to repmr or restore, or if net funds remain after any such restoration or
replacement is complete, then such award or net fiords shall be disbursed to the Association and used for
such purposes as the Board shall determine.
15.2 1tansfer: Partrtron, arEncumbr&nce of Canmson Area
a Except as this Declaration otherwise specifically. provides, the Common Area shall
not be judicially partitioned or subdivided into Lots, nor shall the ownership of the Common Area be
otherwise divi ed or onarmbered OR say manner after ooaveyance to the Associabon,=e we% upon the
appmad of Membae aMmaeftat iam EMW G).pei ew of the toml votes in the A==Wpon,
mcluding a mrljormy afAw vales held by Uiembem 4thw than Declama, and the co m ent of Declarant if
during the Declarant Control Period
b The Association shall have the authonty, subject to approval of Members
representing a majority of the totaf votes in the Association, including a majority of the votes held by
Members other than Declarant, and the consent of Declarant,. if during the Declarant Control Period, to
transfer portions of the Common Area and improvements thereon to appropriate governmental entities
or tax-exempt orations for the mrinbaseaioan opas>mm nod prearvaCrerr ftvoof; pmvAA any
such transfer shall not rehove-such- Common Area from the rights and benefits - of then Association and
the Members as provided in this Dwlwntaen and shall otherwa s be sotgaet to the proviaim of On
Declaration
Article XVI Fines and Sugmsion of Privileges or Services.
hiotwWistanding any other provision haem, the Board any impose fines on an Owner and/or
suspend an Owners rigin and pnviiege to use certain Common Area for failure of that Owner, his
lessees, agents or invitees, to abide by this Declaration, the Rules and Regulations or the administrative
ndes and regalations Snvern"eg Com moa Ana Vie pm co&= for the Board to ado so aball be as art
forth in the Bylaws The Beard shall not impow-anysuch fine or suspension unless and tmtil the -Owner
cMgpd has been dorm memo of tba charge, %"MmW to be biaaod 'by and pneaent eviihnce to the
Board and notice of the Board's decision Suspensions may be imposed for a reasonable period of time
and/or until a violation or delinquency is clued
Article XVEL Mbeellanenus
I7.1 Parties Bound. All persons and entities acquiring. any interest in any of the Lots, including
but not limited to lessees, shall be bread by ilea p mi d aw of Ws Daelvtastiser A. Jl g and uoyiieea of
such persons and entities, and any other occupants of any of the Lots, shall likewise be bound.
39

172 is dl he Property perpetually,
unless and until the Community is terminated pursuant to N.C.G.S. Section 47F-2-118
173 Amendment Except as provided in Secfion I I I 1 and Section 12.2 above, this Declaration
may be amended only by a written mArurnent executed by the Association and authorized by the
affirmative vote of at least sixty-seven percent (67%) of all Lots, cast in person or by proxy at a meeting
held in accordance with the Bylaws of" the Association Any amendment must be recorded to be
effective.
17 4 Sh6dect to the provisions o8 Article 3M;1 above, elm Declarant, any Owner
and/or tie Association shall have the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants and obligations imposed by this Declaration. Subject to the provisions
of Article XIII above, the Declarant, the Association or any Lot owner may bring any action necessary to
enjoin any violation or baeceh of the proevisrorrs of thw ration. The declarant, the Association
asuirur auy Owner sitars b0 evuueu iv rwovcr mwunaCule aLLuruey s Nub UIUUTAVU UK 'er7 WIV :.Abd
prosecuting such action from the breaching or violating Owner(s).
17 S Failure to Enforce Not a Wanner. The failure to enforce any right, reservation, covenant or
mAndion.coutdoed-+in this Declaration, however long continued, shall not be deemed a waiver of the
a�ot�to aloes thenes�.
17.6 Assrgupp= by Declarant Any or all of the rights, powers, easements, functions and
obligations reserved or given to the Declarant in this Declaration may be assigned to the Association, and
the Association shall accept and assume responsibility for any or all such rights, powers, easements,
functions and obligations when requested by the Declarant. Any such assignments or transfer shall be
made by a Recorded Document, executed by both the Declarant and the -Association and the Association
shall thereupon have the same rim M sad' power satLbe solojed lb the same oklstiomr and ditrlaes as are
herein given to and assumed by -the Declarant The Declarant; but -not the-Assocrahon; shall thereupon be
released from suclr obligations and dntdes.
17 7 Notice of Sale. Lease ar Acqursrtron. In the event an Owner sells or leases such Owner's Lot,
the Owned shall give to the Association, in writing, prior to the effective date of such sales or lease, the
name of the p urclaw or lossm of the Lot and suchedw information as the Association may randy
—1l ' W/YM«iaHWJ V p-a'IV4, VilYl« LLM't1 --.— •_"•6, l �11V • w., ua
mailing address of the Owner and such other information as the board may reasonably require.
17 8 Variances. Notwithstanding anything to the conomy watamad harem, the Declarant and/or
the Association or its desmoae shall be zanthariaed to grant indtwdual vaaances from any of titre
teem ea of this Dwilan0mi, An .Bylaws and any ;rime, ropak usn or vat jntWon pmonndgaud
pursuant thereto if the Declarant or the Association determine that waiver of application or enforcement
of the provision in a particular case would not be inconsistent with the overall scheme of development for
the Community.
17 9 Severabriity Invalidation of any one of these covenants or restrictions by, judgment or court
order small not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
1719 The captim lien ate assuded a* as a mono efcoaNew=cm and far refer,
and shall not be construed to define, limit or describe the scope of any provision of this Declaration.
44

1711 Law Control4mg This Declaration shall be construed and governed pursuant to the laws of
North Carolina
17.12 References to Staufts. Ail r+efenenees -herein to any statntery provision shall bo venshood to
include and aPpiyto'any suosequent amendments to or mpiacemeri'm or -such praNi mm
IN YIl'1 MM, WEWAW, 0.Tt.Mutm Inc„ M Niue Deduatit hervM lean, +.has cusnd tl»s
instrument to be exe nW by its My authonzed &n's+w Am ?Mvden t, all by order ana aAwrty
duly .grim ted by its cogwrate board of dmctors, as of the day and year -first above wrutem
DA Horton, II=.,
a Delaware corporation, Declarant
By C
Title- ISAw frAL&EAt
STATE OF 9t0 (444-A
COUNTY O�Fi Zwr 14mm&
T L:�'tpr.a �(Prrvn ��t0..o.Nntar.+e_P1hlir.tf.thy.('.ounhr._aad.SYnM_n£nrt_aa,,r.Mft'y
that 2 "What personally appeared before me this day and acknowledged that he is a
F!neaideat,of Dx Hartan, be. a Delaware conporafta% and that he, being duly authorized
to do so, on bebWef=W cagwatacn.
Witummy1madmad a0dal stamp or se4lbrs * s1ay ce W©,f . 20%q
NOTARY SEAL 9z
Signature or Notary `rubric
My commission Expires_ q, k L l e-
VhWW 1hndo
NOTARY PUBLIC
Brunswick County, NC
MY Q=AWME4*w.OM2l2Da.
41

Tractone
All of that certain lot or parcel of land, lymg and being in New flanover County, and being more particularly
described. as fhilows
To amve at the true point of bea°romng, commence at the mtersectwn of the canter-Ime of Wellington Drive (100
toot n&-of--way at this pomt), also known as SR 1914 and the northerly r*t-0f-,-way Ime of Muddle Sound Loop
Road (60 f)at ngf-af w ay), alm lmmon a St. 1403 and sandmen twom as QoaM Paint Road Ga thence SM&
58 degrees 43 mmutea 17 seconds Bast 707 43 feet, as measured along sand northerly nght-of-way ime to a pomt
Said pomt being the southernmost corner of Lot 1, as shown on a map of"Queens Point -Section 1" recorded m Map
Book 10 at Page 6 of the New Hanover County Registry Go thence North 40 degrees 49 minutes 43 seconds East
1,209 30 feet, strong the easterly line of said -Sechon' 1, Queens Point and along the eataily'hme of "Queens Pomt-
Sechoa 2A" as shown on a map recorded m Map Book l I at Pogo 20 of said Registry to a point Contnumg along
last said easterly hn% and beyond, North 42 degrees 19 mmutes 33 seconds But 823 81 feet, to a mew men pipe,
THE TrRAM P'[D Nr r3P'MORIMNG wasterwastermum causer of a tract deeded to Renee
Mallette by deed maded m Deed Book 1815 at Page i'023 of the Mew'Hanover County Regtstry Saul begmaing
point Wm endue earim of a.Ra Aeeded.tolllr(iiam E Lewes by dead recordnd m Book 3146 at Page 269 of
sarilitegt" Riinmagftnce fi+om said pom
I North 40 degrees 18 minutes 06 seconds East 612 36 feet, along the easterly line of sad Lmna Tract to a
new tron pipe, thence
2 South, 46 dWm 56 minuiea l2 seconds East 1,605 49 fieet aloes die early trine of said Mallette Tract
to an n.—. pw Loa, aa,ti ripe 11- i,+iy &a- aa3tzram— oa, ;ornc. 3f void i.�i-11 w Tm t .Laa3t Wd prp-- dk"e:i
bemg tits northernmost corner of a tract deeded to Inland Harbour Propertes, LLC by dead recorded m
Book 2997 at Page 590 of sand Regtahy, thence
3 South 48 degrees 0I mmute. 56 seconds West 57133 feet, along the southerly Ime of said Maliette Tract to
as tdd'liY� krrlie, theeoe
4 North 47 degrees 33 mmutes 14 seconds West 116 24 feat, along the southerly Ime of said Mallette Tract to
a point na the easternmost corner of the dividmg Ime between. Lot 19A and Lot 20B of Sandybrook
Subdtvrston, as shown on a map recorded m Map Book 26 at Page 45 of the New Hanover County Registry,
thence
5 North 48 degrees 02 mmutes 17 seconds West 9121 t feet, along the northerly lme of Sandybroak
SubdivXUR to an old honpipe on Ike noe8ierlyhne ofdot 37A of scud Ssndybrvok, thence
6 North 49 degrees 18 mmutes 24. seconds West 293 86 itt contmiang almrg *a =#wdy ]use of said
SOMMakMerintofaa'nid mat p#m at .eahwvf'icardAm4imokSub*v= n and
at the northernmost corner of Lot 38B of said 3endybrook, thence
7 North 50 degrees 09 mmutes 42 seconds West 205 04 feet to the point ofbegtnnmg
TltE acme bemg all of that tact derided for Ream Maklette, by deed of record m Bode 1815 at Page 1023 of the, Now
I1 :a:.;, C,.,,:.,� wj -UY
The above described tract corttams 2103 acres, more or less Bearings are relative to NC GRID NAD 83
42

Tmi'Tm
All of that ceertam lot or parcel of land, ling and bemg m New Hanover County, and being more particularly
described as follows.
To ins MAN traapoW of satdho *Ammcdm of the xenter-line of WOHmgWn i nw (NOfiietrJgbW-
JAA.A_—i.L. --.k t.-.2..La...f'.,........ i SL......J l....�h.�J tLA Ora
YPar dal _ 1N� �, uaaaawu au un aoav mau uw uau auw a� aaaaaa-va-wa� al�tidLAJE uvuuu ].Aaaar a�vaau, 4kw anon a�
of -way), also !mown as SR 1403 and somerimes known as Queens Pourt Road On thence South 58 degrees 43
mmutes 17 mmmds Bast 7.07.43, as,memured sloqg sandmozdm* rWt-of-way line to.spomt Smdpomt bmV Bye
soutiaramost ma erictIA 1, as w1mm tag map df"Qmmu Romt=9ectsom V reem" m Mapaock IS at Page 16
of dye New Hanover County Registry; Go thmm North 4.0 degrees 49minutas 43 seccmds Bast 19191 feet, along -the
esata8y3me ofsaiid tdnenistttviman to llaepol olDhrgRm=agamce from said beginning point
1 North 40 degrees 49 mmutes 43 seconds Past 1,017 39 feet, along the easterly ]tee of said Queens Point
Subdivrmon and along the easterly hie of "Queens Pomt-Sectm 2A" recorded in Map Boole 11 at page 2D
of said Registry to anew iron pipe, thence
2 North 42 degrees 19 mmutes 33 seconds Past, continuing along said Section 2A, and beyond, 823.91 feet,
to a new aim pipe at the northernmost comer of a tract deeded to Ketnor by Commissioners Deed retarded
m Book 940 at Pap 731; of amd Begimtty to a mew tram gape, thence
3 Somh 50 degrees 09 minutes 42 soeayam Bat 205 04 mat, ter- an old um pipe Last said point being the
roust commerof Let H. as shoneit rein s naeroded?m 1i0sp 13e dt 29at. Faga43 of
the New Hanover County Registry Last said pond also being the nordheasterly corner of a tract doodad to
Ketmer by Commissioners Deed recorded m Book 940 at Page 731 of said Registry, thence
4 .Soutb 4l degrees 34 zimmemses39omonds We92,M UJack along the weeterly hm ofaasd Szadybrook and
aaua� nwiaauy amc mans. uaa'Tua`p'iatCiis.0 w 1i`iaia aannaw otrp. w eau aIAW
Book 23 at Page 44 of said Registry to a new Iron pipe on the northerly nght of way of said Middle Sound
Loup RM(I &enc e
5 Nmlh 58 degrees 43 mmutes 17 seconds West 103 17 feet, along said northerly lme to a.pomt Last said
Paee AM" .40 ao1ermtl1 iof sand aesl&Mb spoof -way !me WA the amudy ime of a tract deeded to
MwAm W NkCm tmey amd wik Tanya K MaCmtoey raoorded m Beet 1339 at Pare 1093 of sod
Registry, thence
6 North 40 degrees 49 mmutes 43 seconds last 166 89 met, along the easterly lme of said McCartney Tract
to a point, thence
7. North 44 degrees 22 mmutes 47 seconds West 98 93 feet, along the northerly bne of said McCartney Tract
to a point ofbegimioa
The above described tract cwntams 9 28 acres mote or less M a smm b mgall of &m trans douW.to Billy Ketoer
end wife, Evola G k door by deedsteca ded at Hoot 338 at Riga =15, Bock 067 st Page 150, Reek 17*7 atpgp
%6, and Book 940 at Pager 731 of the New Hanover County Registry, excepting however the tract deeded to Steven
W McCarmey and wife, Tanya K McCartney by deed recorded in Book 1438 at Page 1093 of said Registry The
surd Evola G Keftm died m 1996 thereby vesting all of bar nglu, tilt and mterest m maid property m Billy E
Dact Three
AR df *at ceRetn ildt or pnd dfllaad; ling and *a* m New'1i16mover Coq ,.tad ban, am Vartadarly
downbed as follows-
43

sta<patnt<m de fly rrglrt-af-way line of J&dtHe Sounds Loop Rosdr(60 Ibot riglit-o>-wayX abD
known as SR 1403 and somethnes lorown as Queens Point Road Said beginning point being the southernmost corner
of Lot 1, as shown on a map of"Queens Point — Section i" recorded in Map Book 10 at Page 6 of the New Hanover
County Registry Said beginning ning point being located South 38 degrees 43 minutes 17 seconds Bast 707 43 fait, as
measured Wong mid, awtha ly i ' Ime Ium 6einjamohnit cif said nary roof ray 3aia with the
..f,....t,`..sr.:... _.. u�L."o ."7��..w.r� uo.0 uJL..v...6• 'lFi pGL�it �dr"u:g iu :u S �.��' iiT�
ivuioi-uuv va vu"� a�v haw foe,
of a tract deeded to Steven W McCartney and wife Tanya K McCartney by deed recorded in Book 1438 at page
1093 ofsaid Registry Said bgmomg point being North 40 degrees 49 minutes 43 secands East 8 09 feat,'kom Ilia
uateisae on of 7ha woiaoellydtaeat miRMaCml W That wdh die "W tin -of maid Mddb Smind Loop Resit
(22 feet from center -line) Romung &moe*om said beginning point
1 Notlb 40 degas 49 mmMs 43 awn& Bast 19191 Beet, along gm easterly line of said Queens Point
Subdivision to a point, thence
2. South 44 degrees 22 minutes 47 seconds East 98 93 feet, to a point, them
3 South 40 degrees 49 minutes 43 seconds West 166 89 feet, to a point on the northerly right-of-way of said
hLtddle Sound Loop. Road (30 feet from its c nterline), tbence
4 South 40 degrees 49 minutes 43 seconds West 8 09 feet, to a point an the old northerly right-of-way line of
saidMiddle Sound lacp Road (22 duet ftam its c aaterboal titmce
S North 38 degrees 43 minutes 17 seconds West 100 00 Seat, along the old northerly right-of-way of said
Middle Sound Loop Road to a point Last said point being the pond of beginning of deed recorded in Book
1438 Page 1093 of said Registry, thence
6 Narih 40 deox=49 mmdw43 noonds Bast 3.09 1ad to the pow of beginning
The same being all of that tract deserted in said deed recorded in Book 1438 at Page 1093 of the New Hanover
County Registry. Bearings are relative to NC GRID NAD 83
Subject however to an eight (9) foot vide strip lying between the old northerly right-of-way line of said Middle
Seamed liaWamd,nilVtielaeattrtmi It ieaiykmafassdh ddleSo dLoopRoad
The above deserted tract contains 0 42 acres more or less, including said eight foot wade Right -of -Way exception
44

Any Awway& iafjw Qaa + � A ttdu,s Daci .
45

ETC
The- following restrictions shall apply to all of the Community until such time as they are
ammuK moddA regaalad, at hmapunu sitto Atticle FV of fie Dockaatdon:
1 L The Community shall be used only for residual, recreational, and related
purposes (which nW mduk whbw liaa*w zq sari ninigantim caster andOw a sales office for
Declarant to assist in the sale of any property or portion thereof as described in Exhibit A or B, offices
for any pqxny manager uin ed by the Association, and business offices for Declarant or the
Associ) consistent with this Declaration and any Supplemental Declaration.
2 Restricted Activities. The following activities =.prohibited wrthin.the Community unless
expressly andiorizedby, and Am subA'edtho such candidrons as Abe Board may impose
(a) Parking any vehicles on streets or thoroughhres within the Community or parking of
Or •aiqusMratt, .sr dmb b w blclm Eolf cards, beach aid adwr
watercraft, trailers, stoned vehicles, or inoperable vehicles in places outer than enclosed garages;
however, construction, service, and delivery vehicles shall be exempt &rnn this provision during daylight
hours for such period of time as is reasonably necessary to wideservice or to make a delivery to a Lot
(b) Ratsmg, breeding or keq*g azibnak livesock of poultry+.of any kind, except that a
reasonable number of dogs,. oats (the combfimed nm *w of dogs and cats not to exceed three) or other
usual and common household pas may be permitted on a Lot. Any animal which, makes objectionable;
noise or, in the Board's judgment, connastes a nuimacc of moonvenimx to due Occupants of other
Lots, shall be removed by the owner upon the Board's request. If the pet owner fails to honor such
request, the Board may remove the pet Rottweilers, pit bulls, chows and other aggressive breeds of dogs
shall not be allowed within the Community Dogs shall be kept.on a leash oretherwim confined Wit
ualWVl YiNY �111V w YlV Dua/v��LL nalM,W�Vl YYd14Y �Y LY1411� Vwu1Na L_lf 1__ &W L.�L'
r a,4GL wvW W-my PMA
while walking such Pet on any Common Area. Pets shall be registered, licensed, and inoculated as
by law,
(ti) Any sedvOy that emits fool or obmauous odors outside the Lot or create noise or other
a4wIWW sr, wMch head dim slhnb the piatwor Gina dlia ftsafteftbe Maqasaft Doff+doer Dots•,
(d) Any activity that violates local, state, or federal laws or regulations; provided, the Board
shall have no obligation to take enforcement action in the event of a violattmn .
(e) Pursuit of bobbies or other activities, which tend to cause an unclean, unhealthy, or
untidy condition to exist outside of enclosed structures on the Lot,
(f) Any- noxious or offensive activity (including, without limitation, barking dogs) which in
the reasonable determination of the Baud tends to cam embarrassment, discamfv% amaoyamM of
nuisance to persons using the Common Area or to the Occupants of other Lots;
46

(g) Outside biMang of Wash, kwviw, ddlrrs, or other materials, except during the normal
course of constructing a dwelling on a Lot;
Use or dra-MW of arly radio, ,loudspeaker, hora, whistle, bell, or other sound device .so
s w be e�ww.d/.te w M�». =to of edMr r n+s avnnM alarm de nnes +used exch l—yely flv seemmy rn.rnvfs�
(i) UaeaadiaE' rind+�ml'>Fianararlis,,
(1) IkMWngWM AW 0916 Wwo. orakw debris. poUaWurn ,:hmliaem orodw
PatimbeAW haimardoals at 4no,aAMma as simy 4m=W ditk mmsjm, .+porod, or, lalm. or Awwhm
within the Community, except that fertilizers may be applied to landscaping on Lots provided care is
taken to minimize runoff, and Declared and builders approved by Declarant may dump and bury rocks
and trees, removed from a building site on such building, site,
'(k) Accumulation ofrubbish, trash, or garbage except between regular garbage pick ups, and
then only in appgnrod containers. Such coutdows shall, be eghas swooned flea view or fcept., bMWV,.
except as reasonably necessary for garbage pick ups,
(1) Obstruction or recham brig drainage ram afft bcadw and womiann at &asup
swales, storm sewers, or storm drains, except that Declarant and the Association shall have such right;
provided, the exercise of such right shall not materially diminish the value of or unreasonably interfere
with the use of any Lot without the Owner's consent;
(m) Subdivision of a Lot into two or more Lots, or changing the boundary Imes of any Lot
after a subdivision plat including such Lot: has been approved and recorded, except brat Declarant shall
bepermitted Insubd idoorrepMLint$Itowns,
(m) Svmum& boafta ma maul flabdinn devices, or other stba uss of helms, pond1s,
streams, or other bodies of water within 'die Community, except that iisrmg from the shore shall be
permitted with appropriate liemises The Association shall not be responsible for any loss, damage, or
injury to any person or property arising out of the authorized or unauthorized use of rivers, lakes, ponds,
streams, or other bodies of water within or adbacent to the Community,
(o) Use of any Lot for operation of a timesharing, fraction-aharng,.or similar program
Whereby the right to exclusive use of the Lot rotates among.parlieipantw in the beam on a fxad or
floating time schedule.over...a.period of years,. except that .Declarant.aud its assigns may operate such a.
pr'ogmnr,
(p) Discharge of firearms, provided, the Board shall have no obligation to take action to
prevent or stop such discharge;
fq) cin4te 6 of gasoline, cgs or abler Ruts, except that: (i) a reasonable amount
of fuel may be stored on each Lot for emergency purposes and .operation of lawn mowers and snm"lw
tools or equipment, (ii) a burled, underground tank for natural gas may be stored on a Lot if approved in
whence; by :*a AMand Co Abe Assoc ali m Au l !be so aim ad gar operedon of
maintenance vehicles,.generators, and similar equipment;
47

(r) Any bbeabses s, ttc &. or imndw udh v*, wept gut rice stAa= or oacepa st resrdrag m a
Lot may conduct business activities within the Lot so long as* (1) the existence or operation of the
business activity is not apparent or detectable by sight, sound, or smell from outside the Lot, (h) the
busisimactivity aotafotma to all zoning mutrements for the Community, (iii) the business activity clues
not imdve' to-doe-:•M. ; i v) the buai...,,,a :�:t�; dui
the Board's judgment,. generate it level of vehicular or pedestrian traffic or a number of vehicles being
pa" wi" the Cea ! W" is.WGMW W40W than O dt whwir is'l wow of Lams in whuh arm
business activity is being conducted; and (v) to business activity is consistent with the residential
character of the Community and does not constitute a nuisance, or a hags &m or offeasive use, or
threaten the security or safety of odter resudrnta within at CumawmV, as may be wed iu the
Board's sole discretion.
no .rerun "business" and "try" as used am this p ovisnu, shall be -construed to have their
Of ai;C:o}itt�t ,Ttwfiugs anu 6tmtt iuGtutu, wtutvut ■utu,nuvu, suj uCw.yYa%wy, vruawy a;S
activity undertaken on an ongoing basis which involves the provision of goods or services to persons
Q&W*w die pwddeft faaaWimil for aim dse P meoma� u tie, naatpess iuM eratis r farm of
consideration, regardless of whether, (i) such activity is engaged in full or part-time, (ii) such activity is
mien" to or am it; aped% or(lu) a l►omw is required
Leasing of a Lot shall not be considered a business or trade within the meaning of this
subsection. This subsection shall not apply to any activity conducted by Declarant or a builder approved
by Declarant with respect to Its development and .sak of the Caammianity or its: use of any Lots which it
fStivus wiiuu: air, wiiuiiuiulyi .
(s) Capturing, trapping, or killing of wildlife within the Community, except in cnrumstmees
posks an imnimestdtreat to dw sably of parsons using fc CaesMMORy;
(2) pceilen8 wrtdlrie with da At Coa MMIti',1m'*, bawaver did feelling birds by small
bind houses located within tree(s) on a Lot shall be permitted;
(u) Any activities which materially disturb or destroy the vegetation, waldlife, wetlands, or
air quality Within 3l-tam ty,
(v) Conversion of any carport or garage to finished space for use as an apartment or otter
meal FGA of the living anew on any Lot widxwd prior sppwval pursuant to Article V,
w)OPMrlirauofmcft =dMAWN`W_pathrvaPMrtrails'immitained-byTheAssociation,
W Any construction, erection. placement, or modification of any thing, permanently or
temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except
in strict compliance with the provisions of Article V of the Declaration. This. shall include, without
lamitIfion, landscaped of grossed crew signs, baskatball hoops, swing sets, and Auilm sports and play
equipment; clomasiines; garbage cans; woodpiles; docks, piers, and similar st uciures; and hedges, walls,
dog runs, animal pens, or fences of any kind. Under no circumstances shall the ARC approve the
replaoeniaut of all or a migartty of Bra ptaad saran of • Let writ er sioac coif.
(y) Use of exterior decorative lights,mehulmg boWay displays, with a light bulb color other
diem white; fuathermae, if a holiday display creates ate' azaady incren" traffic flow w4Lm the
48

Geammuty, Chia Lacs Owner or Occupant ,esponsi6le for molt d vk shall remove it Wan rogoest of
the Board and if the Owner or Occupant does not remove such display within a reasonable tune, the
Board may move the display,
3 PrahAwledfandftm The fiol *hsHbeprohddeeda4theitheca ty,
(a) Plants, anunals, devices, or other things of any sort whose activities or existence in any
way Is UMMA 41009MUS, am30tly, Moplesssat, or of $ mom as may dish or destroy Ae
er"Mas Ofthe Community,
Vb) , , or direr stems on.68 extenor Podbons dT a Lot r
become rusty, dilapidated, or otherwise fallen into disrepair;
(c) installadon of any sprinkler or ungation systems or wells of any type, other than those
mrtrahhy installed by Declarant or a Declarant approved builder, which draw upon water from Mces,
Weeks, streams, rivers, ponds, wetlands, canals, or other ground or surface waters within the Community,
accept that Declarant and the Association shall have the right to draw water from such sources;
(d) Satellite dashes, antennas, and similar devices for the transmission of television, radio,
satellite, or other signals of any kind, except "hlecharaat and"the Assocratm *Q have Era ASK
without obligation, to erect or .&uatahi and maintain arty such apperstas for the benefit of all or a portion of
the Community. unity. and (r) satellite dishes designed to receive direct broadcast satellite service which are
one meter or less in diameter; 00 satellite dishes designed to receive video p gpmmmg services via
multi point distrAndon ser�vieos whwh am"o Crueler er less in dam or dagorA wearAment; Corfu)
antennas designed to receive television broadcast signals ((i), (d), and (iii), collectively, "Permitted
Devices") shall be permitted; however, any such Permitted Device must be .placed in the least
WnWpwsais IMINKNI OIL Ibo Lot4ganerahly being fire rear yard) at vdmh an acceptable gwft anal can
be received and is not visible from the streot, Common Area, or neighboring property or is screened from
SO View of asdljaeeant 14M in a manner consratar+t with the C.ommundy-Wide ;ward and the
Architectural Ouidelhics; and
(a) installation of exterior decorative dams, including but not limited to statuary, foiustams
or wnhing be% but net ftAxIog flagg, POMWd VWkw, bames, i s and/or pew
dwM ive lights, except that the Association may adopt reasonable time, number, size, place and manner
restrictions regulating displays which are visible from outside the Lot consistent with the provisions of
47-P-3-121 of to North quolmm Qsaorja Statutes
4. Lalk of h:.a gAas%&" far purposm of this Paragrapk is defined asp ram, enchisin
occupancy of a tint by any person, otsxr than the Owner for which the Owner receives arty consideration
Of benefit, Including, but not limited to, a fee, service, graturty, or emolument All leases shall bo in
writing. The Board may require a minimum lease term; however, in no can shall such term be shorter
tiffizi six (6) manihs, Na Owne shahh lease Cmy L©t Crithrourt first *x6wft a professiee�, 'mod
property management company to manage the Lot and the lease, and without first providing thaw
Association with a copy of that contract No owner shall lease any Lot without first providing all lessees
MM cQFW 0T*0 GffiMMm*9;Do=Maz ts. Ea& lease shad require all lessees to arknowledp receipt of
copies of all of the Governing Documents and to comply with and adhere to all of the Governing
Docamoub. A h m copy of each a cftd lease. t Woor wdh such additional io6otao%t= as may be
49

required by the Board, shall be given to the Board by ffie Lost Owner within ten (10) days of execution of
the lease
se

*67�4ftll p
I�IZ4B11810
—
THY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
2`16 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
WK-M04GTOK, NC 284011
11119120,14 08:16:41 AM
RE 5852 Page: 189-239
20140309115
S1 pas M"
state Of Nwtk 0woff", Dos" Of NOW "amww
PLEASE RETAW YELLOW TRAWER 'PAGE VWTH OMNAL DDCUNIENT.
*2014030985*
2014030985