SW8131207_HISTORICAL FILE_20220510 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 1`6\2 01
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
110 10
YYYYMMDD

Burd, Tina J
From: Burd, Tina J
Sent: Tuesday, April 5, 2022 2:45 PM
To: Bradford C Brundage
Subject: SW8 131207 - Hawkeswater at the River, Phase 4
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on April 4, 2022. The project has
been assigned to Ashley Smith and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Website: http://deo nc gov/about/divisions/enerev-mineral-land-resources/stormwater
Based on the current. guidance to minimize the spread of COV I D-tg, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments. only. Please
check with the appropriate staff before visiting our offices, as we may be able, to handle your requests by phone or email, We
appreciate your patience as we continue to serve the public during this challenging time.

', 11 Non -Transfer Application Completeness Review Checklist
Project Name: f'N� (y t,T e �� (�� Date Delivered to WIRO:
Project County/Location: f E01),50(w BIMS Received/Accepted Date:
Date Given to Admin:
Permit Action:
New New Permit#':
❑Not located in the ETJ of the following delegated
and functionine programs:
Acknowledged Date':
NHC: Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach
Bruns: Leland / Navassa (?) / Oak Island
Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City
Major Mod / Minor Mod / Renewal ❑ Existing Permit N:
Applicant & Permittee are the same?3 Expiration Date°:
Permit Type: HD LD / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt + Redevelopment
Development Type: Commerci idential ther
Subdivided?: ubdivision r Single Lot
Offsite to SW 8:
LiIsOffsite Lot approved in
Permit?'
Rule(s): u2017 Coastal . a2008 Coastal u1995 Coastal
Phase II Universal F-11988 Coastal
Permittee Type & Documents Needed:
Property Owner(s) Clurchaser Lessee OHOA �Develcrper
Viable? Viable? Viable? QViable? MViable'?
Deed Purchase Ar;mt QLease QElection Minutes
Paperwork
a5505 (within 6mo) Check#(s): /?-717,41 MNo Fee
new form or for older forms: I original per SCM)
Report (Infil or PP)
nations (signed/sealed)
Deed Restrictions, if subdivided'
Project Narrative
FlUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans (2 Sets)
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit N on Supplements & Deed Restriction Templates.
3 If permittee is different, STOP. Needs to be transferred first.
°If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
slf Lot not approved in master permit, STOP. Master permit needs mod.
EMAILED ENGINEER DATE:
REVIEWER NAME: Arke
Comments:
G:Wq\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 202109 08

APR U
G 4
.- CERTIFICATE OF SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Secretary bf-D:R--Horton,,=Inc,, a Delaware
corporation'(the „Gpmpanv %), is familiar with the facts herein certified and is duly authorized to
certify the same.
2. The following is a true, correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company
dated October 1, 2021 (the "Resolutions '). The Resolutions have not been amended, rescinded or
modified and remain in full force and effect as of the date hereof.
Election of Region Vice President - Coastal Carolina
WHEREAS, effective April 11, 2011, Bradford C. Brundage was duly
elected to the office of Assistant Vice President of the Company in the Company's
Coastal Carolina Division;
WHEREAS, effective October 26, 2018, Bradford C. Brundage was
promoted to the office of Vice President of the Company and Division President of
the Myrtle Beach and Wilmington areas of the Company's Coastal Carolina Division;
WHEREAS, effective January 13, 2020, Bradford C. Brundage's authority
was expanded to include the Company's entire Coastal Carolina Division; and
WHEREAS, it is now desirable to promote=Bradford=C-Brundage to the
•position=of=Region Vied=President of the Company of the Company's Coastal
Carolina Region.
NOW, THEREFORE, BE IT RESOLVEI)that--Bradford-C=Brunda`gt(the
"Region Vice President') is hereby elected�to the office of -Region Vice=Presidentof:�,
-the:Company,of the Company's Coastal Carolina Region (the "Region'), to serve
until the next annual meeting of directors of the Company and until his successor is
duly elected and qualified or until his earlier death, resignation or removal.
I
RESOLVED FURTHER, that the Region Vice President is hereby
authorized and empowered, in the Region and in the name and on behalf of (A) the
Company, (B) any partnership of which the Company is a general partner, manager
or agent, and (C) any limited liability company of which the Company is a member,
manager or agent (collectively the "Entities'), (i) subject to written approval by any
one of the following officers of the Company: (a) Chairman of the Board, (b)
President, (c) Senior Executive Vice President, (d) Executive Vice President or (e)
the Region President of the Division (the "Approving O rcers'), to execute and
deliver contracts, agreements and other documents and instruments (other than
promissory notes) for the purchase of real property, and any improvements or

appurtenances constructed thereon or affixed thereto, or any interest therein,
including without limitation any right-of-way, easement, leasehold or other tangible
or intangible property, right or interest, and any personal property relating or incident
thereto, (ii) subject to written approval by any one of the Approving Officers, to
execute and deliver contracts, agreements, deeds, conveyances or other obligations
of the Entities, closing statements and other documents and instruments for the sale
of improved or unimproved real property, or any interest or right therein, owned,
leased or otherwise controlled by the Entities and (iii) to execute and deliver model
home leases and such other agreements, instruments or documents as the Approving
Officers shall direct.
RESOLVED FURTHER that, in connection with the management of the
Entities' business in the Region, the Region Vice President shall be authorized and
empowered, in the name and on behalf of the Entities in the Region, to execute and
deliver (i) contracts, agreements and other documents and instruments for the
subdivision, development and/or, improvement of real property, (ii) contracts,
agreements, deeds, closing statements and other documents and instruments for the
sale, transfer and/or conveyance of mineral rights, groundwater and other water rights
owned, leased or controlled by any of the Entities to DRH Energy, Inc., an affiliate
of the Entities, (iii) home sales contracts, sales person employment agreements and
similar or equivalent agreements, documents or instruments and (iv) personal
property leases for, among other thI ings, office equipment and construction trailers
RESOLVED FURTHER that, in connection with the management of the
Entities' business in the Region, the Region Vice President shall be authorized and
empowered, in the name and on behalf of the Entities in the Region, to execute and
deliver any and all documents and instruments necessary to sell and convey title to
single-family and multi -family homes.
i
RESOLVED FURTHER, that the Region Vice President is hereby removed
from any position not granted above.
RESOLVED FURTHER, that effective as of the date hereof, the authority
hereby granted to the Region Vice President supersedes authority previously granted
by Written Consent of Executive Committee of the Board of Directors to the Region
Vice President.
IN WITNESS WHEREOF, the undersigned has signed on the-5"-day.of:0ctober, 2021?
-441444 A. AL _
Thomas B. Montaiio
Secretary
U:UiEWALTMinWHP21 Oct01LOS - RVPs aM RPs.wpd
1 2

Impervious Allocation Summary
S W 8 131207
Lot #
Owner
PERMIT
MAX BUA
TOTAL
BUA
# Lots:
8
H Owned by Permittee:
0
Jt Sold:
8
% Sold:
100%
Deed Restrictions Bk. / Pg.
1 Barry & Anna Thompson
7500
2663
2745 / 0986
2 Barry & Karen Thompson
7500
4096
2745 / 0986
3 Christopher McKinley
7500
3037
2745 / 0986
4 Lawrence & Kristine Montalto
7500
2934
2745 / 0986
5 Richard Thompson & Sarah Short
7500
3469
2745 / 0986
6 Joeseph & Sarah Smith
7500
3600
2745 / 0986
7 Brian & Penelope Ellerson
7500
3216
2745 / 0986
8 Cynthia & Peter Ruggiero
7500
6182
2745 / 0986
Total
60000 29197
y�^
APR 042;

-22-2008
of
Brunswick County, NC Register B2145dP9986page �1onf32500
Presenter. r__ ieL'
1)1 3 Total
Retuna _ _ : ,h b Fin;
of ax rtei
❑Oxumsni xrt[�,s�fs .<:-yg7 Dp m%1�rJ `sue=
Inswrn?N L13! L=" rot to roprmm-d Or W,'lA.
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR HAWKESWATER AT THE RIVER SUBDIVISION
Prepared By and Return to:
R. Jay Short, Jr.
Fletcher, Ray & Satterfield, LLP
131 Racine Drive, Suite 201
Wilmington, NC 28403
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY
OF THE FLAG OF THE UNITED STATES OF AMERICA
OR STATE OF NORTH CAROLINA.
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY
OF POLITICAL SIGNS
APR 0 4 1022 f
31

IIIIIIII III II Iilll l llllllllllll III III Robert P09 Robinson 3°°�aD
Brunswick County, NC Register of Deed. page 2 of 25
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF BRUNSWICK FOR HAWKESWATER AT THE
RIVER SUBDIVISION
THIS DECLARATION, made the )4 day of 2008, by Hawkeswater I
Development, Inc., a North Carolina corporation, Hawkeswater IQ Development, Inc.. a North
Carolina corporation, Hawkeswater III Development. Inc.. a North Carolina corporation. and
Riverside Land Holdings, LLC. a North Carolina limited liability company, collectively
hereinafter referred to as -Declarant" or "Developer" for the purposes hereinafter stated:
WITNESSETII:
WHEREAS, Declarant is the owner of certain real property in Brunswick County, North
Carolina, known as HAWKESWATER AT THE RIVER SUBDIVISION, which is shown on
a plat recorded in the Office of the Register of Deeds of Brunswick County, North Carolina. in
Map Book 48. Page 27 (the "Plat'), to which reference is made for a more particular description
(the "Property").
NOW. THEREFORE, Declarant declares that the Property described above shall be held.
sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter
47F of the North Carolina General Statutes (the "Act"), as well as the following easements,
restrictions, covenants and conditions:
ARTICLE 1
In addition to other terms defined herein, the following capitalized terms shall have the
following meanings as used herein:
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above -
described Property, and annexed to and made a part of the Planned Community.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in
the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Hawkeswater Homeowners'
Association. Inc., a North Carolina non-profit corporation. its successors and assigns. the
owners' association organized pursuant to the Act for the purposes set forth therein.
SECTION 4. Common Elements shall mean and refer to all lands and easements within
or appurtenant to the Planned Community owned by the Association, other than a Lot, and
intended for the common use and enjoyment of the Owners, including, without limitation, any

IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIII Bober Pesos 0nson;30000
Brunswick County, NC Register of Deeds page 3 of 25
private roads, grcenways, open spaces, parks and stormwater infiltration basins within the
Planned Community.
SECTION 5. Compton Expenses means expenditures made by or financial liabilities of
the Association. together with any allocations to reserves.
SECTION 6. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act, this Declaration or otherwise.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the context) and
shall mean and refer to Hawkeswater 1 Development. Inc.. Hawkeswater 11 Development, Inc...
Hawkeswater III Development. Inc., and Riverside Land Holdings, LLC. their successors and
assigns, if such successors or assigns should acquire undeveloped property from the Declarant or
a Lot not previously disposed of for the purpose of development and reserves or succeeds to any
Special Declarant Right.
SECTION 8. Declarant Control Period shall have the meaning set forth in Article III
hereof.
SECTION 9. Declaration shall mean this instrument as it may be from time to time
amended or supplemented.
SECTION 10. Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration or otherwise to
act on behalf of the Association.
SECTION 11. Limited Common Elements shall mean areas and facilities within any Lot
which are for the exclusive use of the Lot Owner but which the Association is obligated to
maintain pursuant to the terms of this Declaration.
SECTION 12. Ig!W shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 13. Lot Owner shall mean the Declarant or other Person who owns a fee
simple title to any Lot, including contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
SECTION 14. Master Association means a master association as defined in the Act.
SECTION 15. Person means a natural person, corporation. business trust. estate, trust,
partnership, association, joint venture. government, governmental subdivision, or agency or other
legal or commercial entity.

IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII �! P09891 30eoaa
Brunswick County, NC Register of 0eadnson
s page 4 of 25
SECTION 16. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of the Planned Community by the exercise of any Special
Declarant Right.
SECTION 17. Purchaser means any Person, other than the Declarant or a Person in the
business of selling real estate for the purchaser's own account, who by means of a voluntary
transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest
(including renewal options) of less than twenty (20) years, or (ii) as security for an obligation.
SECTION 18. Reasonable Attorneys' Fees means attorneys' fees reasonably incurred
without regard to any limitations on attorneys' fees which otherwise may be allowed by law.
SECTION 19. Special Declarant Rights means rights reserved for the benefit of the
Declarant including, without limitation, the right (i) to complete improvements intended or
planned by Developer for the Property or Additional Property, (ii) to exercise any development
or other right reserved to the Declarant by this Declaration or otherwise. (iii) to maintain within
the Planned Community sales offices, management offices, construction offices/trailers, signs
advertising the Planned Community, and models, (iv) to use the Common Elements for the
purpose of making improvements within the Planned Community, (v) to make the Planned
Community part of a larger planned community or group of planned communities, (vi) to make
the Planned Community subject to a Master Association, or (vii) to appoint or remove any
officer or Executive Board member of the Association or any Master Association during the
Declarant Control Period.
SECTION 20. Stormwater Permit shall mean the State Stormwater Permit No. SW8
060354MOD issued by the North Carolina Division of Water Quality (DWQ), Department of
Environment and Natural Resources (DENR).
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owner's Property Rights and Easement of Enioyment. Every Owner shall
have and is hereby granted a right and easement of enjoyment in and to the Common Elements,
if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners.
(b) The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public agency.
authority or utility for such purposes and subject to such conditions as may be agreed to by at
least eighty percent (80%) of the Members, excluding the Developer, provided, however, that the
Association may, without the consent of the Owners, grant easements, leases, licenses and
concessions through or over the Common Elements. No conveyance or encumbrance of
Common Elements shall deprive any Lot of its rights of access or support.

IIIIIIIIIIIIIIIIIIIIIIIIIllRobinson
3zFg°�821t J. eeds Page IIIIIy. IIIIIr
(c) The owners of any lands adjacent to the Planned Community to which
private streets within the Planned Community abut shall be entitled to use such private streets for
ingress and egress. Such right of use shall be subject to any rules and regulations adopted by the
Association. The Association shall not erect any road gates within the Planned Community nor
in any way restrict such use.
SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their agents, contractors. employees,
successors and assigns:
(a) easements as necessary in the lands constituting the Common Elements
and the front fifteen feet (15") and side five feet (5') and the rear ten feet (10') of each Lot for
the installation and maintenance of utilities and drainage facilities, including the right to go upon
the ground with men and equipment to erect, maintain, inspect, repair and use electric and
telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the
conveyance and use of electricity, telephone equipment, gas, sewer, water or other public
conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of
the Property or any Additional Property recorded or to be recorded in the Office of the Register
of Deeds of the county where the Planned Community is located, the right to cut drain ways,
swales and ditches for surface water whenever such action may appear to the Developer or the
Association to be necessary in order to maintain reasonable standards of health, safety and
appearance, the right to cut any trees, bushes or shrubbery. the right to make any grading of the
soil, or to take any other similar action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and appearance, and the
right to locate fences, wells, pumping stations and tanks within residential areas, or upon any Lot
with the permission of the Owner of such Lot. No structures or plantings or other material shall
be placed or permitted to remain upon such easement areas or other activities undertaken thereon
which may damage or interfere with the installation or maintenance of utilities or other 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. These easement areas (whether or not shown on the
recorded plats for the Planted Community), but not the improvements within such areas, shall. be
maintained by the respective Owner except those for which a public authority or utility company
is responsible;
(b) easements over all private streets, if any, access easements, and Common
Elements within the Planned Community as necessary to provide access, ingress and egress to,
and the installation of, utilities for any Additional Property;
(c) an easement of unobstructed access over, on, upon, through, around and
across each Lot and the Limited Compton Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Lot and/or Limited Common Elements
required or authorized by this Declaration; and
(d) all easements shown on the Plat.
5

IIIIIIIIIIIIIII IIIIIIIIIIIII�I IIIIIII B2�45 POssi son 37.000
Brunswick County, NC aglater of Deeds page 6 of 25
SECTION 3. Other Easements. The following additional easements are granted by
Declarant:
(a) an easement to all police, fire protection. ambulance and all similar
persons, companies or agencies performing emergency services, to enter upon all Lots and
Common Elements in the performance of their duties:
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association, or any other person authorized by it. shall have the immediate right
to enter any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners: and
(c) the Association is granted an easement over each Lot for the purposes of
providing Lot maintenance as contemplated by Article III, Section 5, hereof or when an Owner
fails to provide maintenance and upkeep in accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns, and any Owner,
purchaser, mortgagee and other person having an interest in the Planned Community. or any part
or portion thereof, regardless of whether or not reference is made in the respective deeds of
conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements
and rights described in this Declaration.
ARTICLE 111
HOMEOWNERS' ASSOCIATION
SECTION 1. Forniation of Association. The Association shall be incorporated no later
than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit
corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina
for the purpose of establishing an association for the Owners of Lots to operate and maintain the
Common Elements and any Limited Common Elements in accordance with this Declaration, its
Charter and Bylaws. The Association shall be empowered to perform and/or exercise those
powers set forth in the Act as it may be amended from time to time, in addition to any powers
and authority otherwise granted to it.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two (2) classes of voting
Membership:
Class A. Class A Members shall be all Owners. with the exception of the
Declarant, and shall be entitled to one (1) vote for each Lot owned. When more
than one person holds an interest in any Lot, all such persons shall be Members.

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '°B2i pas 3�°
roson
Brunswick County, NC Register of Deeds page 7 of 29
The vote for such Lot shall be exercised as they determine, but in no event shall
more than one (1) vote be cast with respect to any Lot. Fractional voting with
respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be entitled to
three (3) votes for each Lot owned. The Class B Membership shall cease and be
converted to Class A Membership upon the happening of any of the following
events, whichever occurs earlier:
(a) when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership, or
(b) on December 31. 2018, or
(c) upon the voluntary surrender of all Class B Membership by
the holder thereof.
The period during which there is Class B Membership is sometimes referred to herein as
the "Declarant Control Period."
SECTION 4. Governmental Permits. After completion of construction of any facilities
required to be constructed by Declarant pursuant to permits, agreements and easements for the
Planned Community, all duties, obligations, rights and privileges of the Declarant under any
water. sewer, stormwater and utility agreements, easements and permits for the Planned
Community with municipal or governmental agencies or public or private utility companies,
shall be the duties, rights, obligations, privileges and the responsibility of the Association,
notwithstanding that such agreements, easements or permits have not been assigned or the
responsibilities thereunder specifically assumed by the Association. There are additional
provisions made in this Declaration concerning stormwater facilities and the Stormwater Permit.
SECTION 5. Common Elements. The Association shall, at its sole cost and expense, be
responsible for the operation and maintenance of each Common Element within the Planned
Community from the date of completion of its construction or improvement by the Developer,
whether or not (i) such Common Element has actually been deeded to the Association, or (ii) any
permit issued by a governmental agency to Declarant for the construction and operation of the
Common Element has been transferred from the Declarant to the Association or assumed by the
Association. If the Declarant is required by any government agency to provide any operation or
maintenance activities to a Common Element for which the Association is liable to perform such
operation and maintenance pursuant to this section, then the Association agrees to reimburse the
Declarant the cost of such operation and maintenance within thirty (30) days after Declarant
renders a bill to the Association therefore. The Association agrees to levy a Special Assessment
to cover the amount of such bill if it does not have other sufficient funds available. Declarant
shall be entitled to specific performance to require the Association to levy and collect such
Special Assessment.

ins
�,,nswick County, NC Register of 82145dP09page B Ro on 2soa
The Association may, in its discretion, cause a landscaping service or other lawn care
maintenance company to provide lawn care services to each Lot, including mowing the front and
side yards and trimming and bedding of shrubs or bushes which are not in fenced backyard
areas, or which are visible from any street within the Planned Community. Notwithstanding the
foregoing, it shall be the continuing responsibility of the Owner of each Lot to assure that the Lot
is mowed regularly, including the area between the lot line and the edge of the paved street, and
to maintain in a neat condition all landscaping and plant materials contained within their
respective fenced backyard areas or other inaccessible areas, if any. Additionally. each Owner
shall keep the Lot clear of any unsightly objects, and in the event that the Owner of any Lot
within the Planned Community breaches this restriction, the Declarant and the Association
reserve the right. and an easement, to enter upon the Lot to take such action as is necessary to
clean up the Lot and remove unsightly structures and objects at the Owner's expense as provided
herein. Where Lots border on or contain ditches, drainage canals or swales. ponds or
detention/retention ponds, the Owner of each Lot shall maintain that area, including the slopes,
down to the edge of the water in a neat well kempt condition. Washouts or erosions on the Lots
adjoining ditch banks. channels, ponds, and swales shall be properly tended to by the respective
Lot Owner. Notwithstanding the foregoing, no Lot Owner may do anything, or as the case may
be. neglect to take any action, which may cause any modification of the storm water
management system constructed in the Planned Community. This obligation and right may be
enforced by the Association or any Owner as provided in Article VIII herein.
SECTION 6. Limited Common Elements. Any fencing constructed along the perimeter
of a Lot by the Declarant or a Builder acquiring an unimproved Lot from Declarant shall be
deemed Limited Common Elements appurtenant to such Lot. Maintenance and repair of such
fencing shall be the responsibility of the Association. The expenses of such maintenance and
repair shall be paid by Lot Owner for such repairs or maintenance peculiar to the fencing located
on a particular Lot or Lots and the expenses of any repairs or maintenance necessitated by the
actions of a Lot Owner shall be the responsibility of that Lot Owner.
SECTION 7. Insurance. The Executive Board on behalf of the Association, as a
Common Expense, may at all times keep the Common Elements and other assets of the
Association, if any. insured against loss or damage by fire or other hazards and such other risks.
including public liability insurance, upon such terms and for such amounts as may be reasonably
necessary from time to time to protect such property, which insurance shall be payable in case of
loss to the Association for all Members. The Association shall have the sole authority to deal
with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by
the Association be brought into contribution with insurance purchased by Members or their
mortgagees. At a minimum, the Executive Board shall maintain the insurance coverage required
by the Act.
SECTION 8. Architectural Review Committee. The Executive Board shall perform all
duties of the Architectural Review Committee if no such committee is appointed by it, subject,
however, to the Special Declarant Rights. Any Architectural Review Committee appointed by
the Executive Board shall consist of at least three (3) members, at least two (2) of which shall be
Lot Owners.
Ej

IIIIIIIIIII�I IIIIIIIIIIIIIIIIIIIIIIII a??a5 J.P@994 Robi°son:3, oeo
Brunsuic County, NC Register of Deeds page 9 of 20
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot
Owner covenants and agrees to pay to the Association the following assessments (collectively,
the "Assessments"):
(a) Annual Assessments,
(b)
Special Assessments.
(c)
Insurance Assessments.
(d)
Ad Valorem Tax Assessments. and
(e)
Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attorneys' fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the
Assessments are made. Each such Assessment, together with interest, costs and reasonable
attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such
Lot at the time when the Assessment fell due. Assessments shall not be due and payable from
approved builders who purchase Lot(s) for the purpose of constructing residence(s) on a Lot(s)
for a period of one year from the date of the builder's purchase of the Lot or the builder's sale of
the Lot, whichever date arrives first. The personal obligation for delinquent Assessments shall
not pass to the Owner's successors in title unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the
Association shall be used exclusively to promote the recreation. health, safety and welfare of the
Owners and residents of the Planned Community and for the maintenance, repair and
replacement of the Common Elements and any Limited Common Elements. The funds arising
from said assessments or charges may be used for any or all of the following purposes:
operations, maintenance and improvement of the Common Elements, and any Limited Common
Elements, including payment of utilities, enforcing this Declaration, paying taxes, insurance
premiums, legal and accounting fees and governmental charges: paying the cost of any lawn
maintenance provided by the Declaration in accordance with Article III. Section 5. hereof:
establishing working capital: paying dues and assessments to any organization or Master
Association of which the Association is a member: and. in addition, doing any other things
necessary or desirable in the opinion of the Association to keep the Common Elements and
Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed budget
for the Association at least annually. Within thirty (30) days after adoption of the proposed
budget for the Association, the Executive Board shall provide to all of the Lot Owners a
summary of the budget and notice of a meeting to consider its ratification, including a statement
that the budget may be ratified without a quorum. The Executive Board shall set a date for a
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inson
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meeting of the Lot Owners to consider ratification of the budget, such meeting to be held not less
than ten (10) days nor more than sixty (60) days after mailing of the summary and notice. The
budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association
rejects the budget. In the event the proposed budget is rejected. the periodic budget last ratified
by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board. The Annual Assessment for each Lot shall be
established based on the annual budget thus adopted; provided, however, that the first Annual
Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner.
The due date for payment shall be established by the Executive Board. The Executive Board
shall have the authority to require the Assessments to be paid in periodic installments. The
Association shall, upon demand, and for a reasonable charge. fumish a certificate signed by an
officer of the Association setting forth whether the Assessments on a specified Lot have been
paid.
SECTION 4. Special Assessments. In addition to the Annual Assessments authorized
above. the Association may levy, in any assessment year. a Special Assessment applicable to the
year only for the following purposes:
(a) To defray. in whole or in part, the cost of any construction, reconstruction.
repair or replacement of a capital improvement upon the Common Elements and any Limited
Common Elements, including fixtures and personal property related thereto, provided that any
such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class
who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of
any meeting of Owners called for the purpose of approving such Special Assessment shall be
sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the
meeting.
(b) Without a vote of the Members, to provide funds to reimburse the
Declarant as provided for in Article III, Section 5. hereof.
SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by
the Board of Directors or its designee and any deductibles payable by the Association upon loss
shall be a Common Expense. and the Association may at any time levy against the Owmers
equally an "Insurance Assessment," in addition to the Annual Assessments. which shall be in an
amount sufficient to pay the cost of all such deductibles and insurance premiums not included as
a component of the Annual Assessment.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Elements, if any, shall be a common expense, and the Association may at any time
levy against the Owners equally an "Ad Valorem Tax Assessment," in addition to the Annual
Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a
component of the Annual Assessment.
SECTION 7. 'Working_Capital Assessments. At the time title to a Lot is conveyed to an
,Owner by Declarant, the Owner shall pay the sum of $200.00 to the Association as working,
capital to be used for operating and capital expenses of the Association,, Such amounts paid far
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working capital are not to be considered as advance payment of the Annual or any other
Assessments.
SECTION 8. Rate of Assessment. The Association may differentiate in the amount of
Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots
of record and Lots of record with completed dwellings for which certificates of occupancy have
been issued by the appropriate governmental authority, or when any other substantial difference
as a ground of distinction exists between Lots. However, Assessments must be fixed at a
uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant except for the
builder exception set forth in Section 1 above.
SECTION 10. Effect of Nonpayment of Assessments and Remedies of the Association.
Any Assessment or installment thereof not paid within thirty (30) days after the due date shall
bear interest from the due date at the highest rate allowable by law. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose the lien
against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments
provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due and payable if an Owner
fails to pay any installment within the time permitted. The Association may also establish and
collect late fees for delinquent installments in accordance with North Carolina Law.
SECTION 11. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of thirty (30) days or
longer.
(a) The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the Office of the Clerk of Superior Court of the county in which the Lot
is located. The Association may foreclose the claim of lien in like manner as a mortgage on pal
estate under power of sale under Article 2A of Chaptcr 45 of the General Statutes. Fees,
charges, late charges, fines. interest, and other charges imposed pursuant to Sections 47F-3-102,
47F-3-107, 47F-3-107.1 and 47F-3-115 of the Act are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on
a Lot except: (i) liens and encumbrances (specifically including. but not limited to, a mortgage or
deed of trust on the Lot) recorded before the docketing of the claim of lien in the Office of the
Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments
and charges against the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three (3) years after the docketing of the claim of lien in the
Office of the Clerk of Superior Court.

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Brunswick County, NC eglstar of Deeds page 12 of 25
(d) Any judgment, decree or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first
deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the
Assessments against the Lot which became due prior to the acquisition of title to the Lot by such
purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from
all of the Lot Owners including such purchaser, is heirs, successors and assigns.
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of the
Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the Special
Declarant Rights as herein defined and the following rights, powers and privileges which shall
be in addition to the Special Declarant Rights and any other rights, powers and privileges
reserved to the Declarant herein:
SECTION 1. The Architectural Review Committee/Executive Board. All duties and
responsibilities conferred upon the Architectural Review Committee by this Declaration or the
Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so
long as Declarant shall own any Lot within the Property or any Additional Property. The
Declarant is entitled during the Declarant Control Period to appoint and remove the officers and
members of the Executive Board.
SECTION 2. Plan of Planned Community. The right to change, alter or re -designate the
allocated planned, platted or recorded use or designation of any of the lands constituting the
Planned Community including, but not limited to, the right to change, alter or re -designate road,
utility and drainage facilities and casements and to change, alter or re -designate such other
present and proposed amenities, Common Elements, or facilities as may in the sole judgment and
discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto
itself, its successors and assigns, the right to rc-plat any one (1) or more Lots shown on the plat
of any subdivision of the Property or Additional Property in order to create one or more modified
Lots; to further subdivide tracts or Lots shown on any such subdivision plat into two (2) or more
Lots: to recombine one (1) or more tracts or Lots or a tract and Lots to create a larger tract or Lot
(any Lot resulting from such recombination shall be treated as one Lot for purposes of
Assessments): to eliminate from this Declaration or any plats of the Planned Community Lots
that are not otherwise buildable or are needed or desired by Declarant for access or are needed or
desired by Declarant for use as public or private roads or access areas, whether serving the
Planned Community or other property owned by the Declarant or others, or which are needed for
the installation of utilities, Common Elements or amenities: and to take such steps as are
12

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Brunswick County, NC Register of Deeds page 13 of 25
reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site,
access area, roadway or Common Elements.
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be
amended without Member approval by the Declarant, or the Board of the Association. as the
case may be, as follows:
(a) In any respect, prior to the sale of the first Lot.
(b) To the extent this Declaration applies to Additional Property.
(c) To correct any obvious error or inconsistency in drafting. typing or
reproduction.
(d) To qualify the Association or the Property and Additional Property, or any
portion thereof, for tax-exempt status.
(c) To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
(f) To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property or to
qualify the Property or any Additional Property or any Lots and improvements thereon for
mortgage or improvement loans made, insured or guaranteed by a governmental agency or to
comply with the requirements of law or regulations of any corporation or agency belonging to,
sponsored by, or under the substantial control of the United States Government or the State of
North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests
therein, as well as any other law or regulation relating to the control of property, including,
without limitation. ecological controls, construction of standards, aesthetics. and matters
affecting the public health, safety and general welfare. A letter from an official of any such
corporation or agency, including, without limitation. the Department of Veterans Affairs. U.S.
Department of Housing and Urban Development, the Federal Home Loan Mortgage
Corporation, Government National Mortgage Corporation or the Federal National Mortgage
Association, requesting or suggesting an amendment necessary to comply with the requirements
of such corporation or agency shall be sufficient evidence of the approval of such corporation or
agency, provided that the changes made substantially conform to such request or suggestion.
Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarmt
Control Period. shall be entitled to amend this Declaration pursuant to this section.
SECTION 4. Annexation of Additional Property. Declarant may annex to and make a
part of the Planned Community any other real property which Declarant now owns or which
Declarant may hereafter acquire or develop (the "Additional Property"). Annexation of
Additional Property to the Planned Community shall require the assent of sixty-seven percent
(67%) of the Class A Members who are voting in person or by proxy at a meeting called for this
purpose: provided, however. Additional Property may be annexed to the Planned Community
without the assent of the Members so long as the Additional Property is developed in accordance
13

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of'z5�
with the same general scheme as the other portions of the Planned Community. Nothing herein
shall require the Developer to annex any lands to the Planned Community.
ARTICLE VI
USE RESTRICTIONS. ARCHITECTURAL
CONTROL AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling.
wall, fence or other structure shall be commenced, erected or maintained upon any Lot, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting of
exterior surfaces) be made until the plans and specifications showing the nature. kind, shape.
heights, materials, colors and location of the same shall have been submitted to and approved. in
writing as to harmony of external design and location in relation to surrounding structures and
topography by the Architectural Review Committee. If the Architectural Review Committee
fails to approve or disapprove such design and location within thirty (30) days after said plans
and specifications have been submitted to it, approval will not be required and this article will be
deemed to have been fully complied with. Refusal or approval of any such plans, location or
specification may be based upon any ground, including purely aesthetic and environmental
considerations, that in the sole and uncontrolled discretion of the Architectural Review
Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished
to the Architectural Review Committee for its records. The Architectural Review Committee
shall not be responsible for any structural or other defects in plans and specifications submitted
to it or in any structure erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
(a) Each single -story dwelling shall have a minimum of 1,800 square feet of
enclosed, heated dwelling area and each multi -story dwelling shall have a minimum of 2,050
square feet of enclosed, heated dwelling area at least 1.400 square feet of which shall be on the
first floor of the dwelling; provided. however, the Architectural Review Committee may perrnit a
dwelling to have less than the above -stated footage if the Committee, in its sole discretion. finds
that the variance will not adversely impact property values within the Planned Community. The
term "enclosed, heated dwelling area" shall mean the total enclosed area within a dwelling which
is heated by a common heating system; provided, however. that such term does not include
garages, terraces. decks, open porches and like areas.
(b) Since the establishment of inflexible building setback lines for location of
houses on Lots tends to force construction of houses directly to the side of other homes with
detrimental effects on privacy, view, preservation of important trees and other vegetation.
ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Architectural Review Committee:
provided, however, that no structure shall be constructed closer to a Lot line than is permitted by
applicable governmental regulations.
14

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(c) No clearing, maintenance or disturbance of the natural condition of a Lot
may be undertaken until Owner or builder has received approval for such action from the
Architectural Review Committee.
(d) The exterior of all dwellings and other structures must be completed
within twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the Owner or builder, due to
strikes, fires, national emergency, natural calamities, or the complexity of design and
construction.
(e) All service utilities, fuel tanks and wood piles are to be enclosed within a
wall or plant screen of a type and size approved by the Architectural Review Committee. so as to
preclude the same from causing an unsightly view from any highway, street or way within the
subdivision, or from any other residence within the subdivision. All mail and newspaper boxes
shall be uniform in design. Design for mail and newspaper boxes shall be furnished by the
Architectural Review Committee. Fences shall be permitted on any Lot: provided, however. that
the design, placement and materials of any fence must be approved by the Architectural Review
Committee prior to commencement of construction of same. Clothes lines are not permitted on
any Lot.
(1) Off-street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which
parking areas and the driveways thereto shall be constructed of concrete. brick, asphalt, turf
stone or any other material approved by the Architectural Review Committee.
(g) All light bulbs or other lights installed in any fixture located on the
exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -
frost lights or bulbs.
(h) All roofing products shall be natural wood shakes, asphalt shingles (30
year or better), slate or standing scam metal.
vinyl.
(i) Exterior siding materials shall be brick, natural wood. Hardiplank and/or
SECTION 3. Use Restrictions.
(a) Land Use and Building Type. No Lot shall be used for any purpose
except for residential purposes, subject. however, to the rights of the Declarant contained herein.
All numbered Lots are restricted for construction of one single-family dwelling, plus a detached
garage, if there is not one attached to the residence, and such other accessory buildings as may be
approved by the Architectural Review Committee.
(b) Nuisances. No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of
15

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Brunswick County, NC Register or Deeds page 16 of 25
any sort whose normal activities or existence are in any way noxious, dangerous, unsightly,
unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners
thereof. It shall be the responsibility of each Owner to prevent the development of any unclean,
unsightly or unkempt condition of buildings or grounds on the Owner's Lot which would tend to
decrease the beauty of the neighborhood as a whole or the specific area.
(c) Temporary Structures. No structure of a temporary character shall be
created or allowed to remain on any Lot, and no trailer, basement, tent, shack, garage, barn or
other outbuilding shall be used on any Lot any time as a residence either temporarily or
permanently.
(d) VehiclesBoais. No boat, motor boat (including "wave runners" and other
personal watercraft), camper, trailer. motor or mobile homes. tractor/trailer, or similar type
vehicle shall be permitted to remain on any Lot or on any street at any time, without the written
consent of the Association. No inoperable vehicle or vehicle without current registration and
insurance will be permitted on any Lot, street or Common Element. The Association shall have
the right to have all such vehicles towed away at the owner's expense. No repairs to any vehicle
may be made on streets or in driveways, but only in garages or other areas and not visible from
the street.
(c) Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that cats, dogs or other household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free, bark excessively, and are at all times kept
properly leashed or under the control of their owner, and do not become a nuisance.
(f) Statuary. TV Satellite Dishes and Outside Antennas; Flags. No yard
statuary or TV satellite signal receiving dishes arc permitted on any Lot and no outside radio or
television antennas shall be erected on any Lot or dwelling unit unless and until permission for
the same has been granted by the Architectural Review Committee, provided, however. that
satellite dishes not over 18" in diameter which cannot be seen from the street and are integrated
within a dwelling on the Lot and the surrounding landscape are permitted. With regard to the
regulation of flags, no outdoor flag may be placed on any Lot or dwelling unit unless and until
permission for the same has been granted by the Architectural Review Committee.
Notwithstanding any other provision herein, the United States Flag and/or the North Carolina
flag having the maximum dimensions of four feet by six feet (4' x 6') may be displayed on an
Owner's own Lot. Any flags will be displayed in accordance with traditional rules and patriotic
customs set forth in 4 U.S.C. §§5-10, as amended, governing the display and use of the flag of
the United States.
(g) Construction in Common Elements. No Person (with the exception of
Declarant in connection with the exercise of its Special Declarant Rights) shall undertake, cause.
or allow any alteration or construction in or upon any portion of the Common Elements except at
the direction or with the express written consent of the Association.
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Brunswick County, NC Register of Deeds page 17 of 25
(h) Siens. No signs (including "for sale" or "for rent" signs) shall be
permitted on any Lot in the Common Elements without permission of the Executive Board:
provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale
signs on Declarant's Lots and maintain signs on the Common Elements advertising the Planned
Community, With regard to the regulation of political signs, the Association, pursuant to the
provisions of the Act, may (i) prohibit the display of political signs on a Lot earlier than forty-
five (45) days before the day of an election and later than seven (7) days after an election day,
and/or (ii) regulate the size and number of political signs that may be placed on a Lot (but only
to the extent the Association's regulation is no more restrictive than any applicable city, town or
county ordinance that regulates the size and number of political signs on residential property). If
the local government in which the applicable property is located does not regulate the size and
number of political signs on residential property, the Association shall permit at least one. (I)
political sign with the maximum dimensions of 24 inches by 24 inches (24" x 24") on a Lot. For
the purposes of this paragraph, a "political sign" means a sign that attempts to influence the
outcome of an election, including supporting or opposing an issue on the election ballet.
(i) Subject to any rights reserved to the Declarant herein, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant
during the Declarant Control Period and thereafter by the Board of Directors.
SECTION 4. Maintenance. Each Lot Owner shall obtain prior approval of the
Architectural Review Committee of the proposed species of grass sod to be used on the O%kmer's
Lot. The Owner shall sod all portions of the Lot other than areas upon which the dwelling,
outbuildings, driveway, sidewalks, wetland areas as shown on the Plat and approved landscaped
beds at the sole expense of the Owner. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and
in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed
and properly cultivated.
ARTICLE VII
STORMWATER PERMIT/FACILITIES
SECTION 1. Stormwater Permit. The Association and each of its Members agree that
at any time after (i) all work required under the Stormwater Permit has been completed (other
than operation and maintenance activities). and (ii) the Declarant is not prohibited under DENR
regulations from transferring the Stormwater Permit for the Planned Community to the
Association, the Association's officers without any vote or approval of Lot Owners. and within
ten (10) days after being requested to do so, will sign all documents required by DENR for the
Stormwater Permit to be transferred to the Association, provided, however. that at the time the
Developer requests that the Association accept transfer of the Stormwater Permit. the Developer
has delivered to the Association a certificate from an engineer licensed in the State of North
Carolina, dated no more than forty-five (45) days before the date of the request. that all
stormwater retention ponds, swales and related facilities are constructed in accordance with the
plans and specifications therefore. If the Association fails to sign the documents required by this
paragraph, the Developer shall be entitled to specific performance in the courts of North Carolina
requiring that the appropriate Association officers sign all documents necessary for the
17

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Stormwater Permit to be transferred to the Association. Failure of the officers to sign as
provided herein shall not relieve the Association of its obligations to operate and maintain the
stormwater facilities covered by the Stormwater Permit.
SECTION Z. Stormwater Facilities Operation and Maintenance. Any stormwater
infiltration basins and related facilities for the Planned Community which have or are to be
constructed by or on behalf of Declarant constitute Common Elements and, subject only to the
provisions of Section 3 of this Article VII, the Association, at its sole cost and expense:, is
responsible for the operation and maintenance of such facilities. Except as provided in Section 3
of this Article VII, the Association shall indemnify and hold harmless the Declarant from any
obligations and costs under the Stormwater Permit for operation and maintenance of the
stormwater retention ponds and related facilities.
SECTION 3. Damage to Stormwater Facilities. The Declarant shall, at its sole cost and
expense, be responsible for repairing any damage to stormwater facilities caused by Declarant's
development activities. The Declarant shall not be responsible for damages to stormwater
retention ponds and related facilities caused by any other cause whatsoever, including, but not
limited to, construction of residences or other activities by Owners, their agents and contractors
upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for
damages to such stormwater facilities caused by construction of buildings or other activities
upon the Owner's Lot. Each Owner shall, within thirty (30) days after receipt of notice of
damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return
them to the state required by the stormwatcr plans and specifications for the Planned
Community. If the Lot Owner fails to do so within said thirty (30) day period, the Association
shall perform the work and the cost of the work shall be added to the Annual Assessment due
from the Lot Owner.
SECTION 4. Enforcement of Stormwater Management Repaulation_s. The following
covenants are intended to ensure ongoing compliance with the Stormwater Permit. The State of
North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater Permit. These covenants are to run with the land and be
binding on all persons and parties claiming under them. The covenants pertaining to stormwater
may not be altered or rescinded without the express written consent of the DWQ. Alteration of
the drainage as shown on the approved plan may not take place without the concurrence of the
DWQ.
The maximum allowable built -upon area per Lot is 4,500 square feet. This allotted
amount includes any build -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. The build -
upon area includes, but is not limited to, structures, asphalt. concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking or the water surface
of swimming pools. All runoff from 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 street, grading the Lot to drain toward the street, or grading perimeter swales to collect lot
runoff and directing them into the stormwater system or into the street. Lots that will naturally
drain into the system are not required to provide these additional measures. The provisions of
UU

02 22 2©oe
��ick County, NC R,ter z�a5d!?R04e 19 s'oMof 2
the Stormwater Permit are incorporated herein by reference and each Owner is required to
refrain from taking any action which would be in violation of the Stomiwater Permit,
ARTICLE VIII
LOTS SUBJECT TO DF.CLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained in
this Declaration are for the purpose of protecting the value and desirability of the Planned
Community and the Lots. All present and future Owners, tenants and occupants of Lots, and
their guests or invitees, shall be subject to and shall comply with the provisions of the
Declaration, as the Declaration may be amended from time to time. The acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of the Declaration are accepted and ratified by such
Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any interest or estate in any Lot, their
heirs, successors and assigns, as though such provisions were made a part of each and every deed
of conveyance or lease, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of test (10)
years, unless altered or amended as set forth in Section 5 of Article IX hereof.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity)
by the Association. or the Owner of any Lot, their respective legal representatives, heirs.
successors and assigns. The Executive Board shall be entitled to enforce its Articles of
Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall be
available:
(a) Association to Remedy Violation. In the event an Owner (or other
occupant of a Lot) is in violation of or fails to perform any maintenance or other activities
required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations. the
Executive Board, after thirty (30) days' notice, may enter upon the Lot and remedy the violation
or perform the required maintenance or other activities, all at the expense of the Owner, and such
entry shall not be deemed a trespass. The full amount of the cost of remedying the violation or
performing such maintenance or other activities shall be chargeable to the Lot, including
collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within
thirty (30) days after Owner is billed. If not paid within said thirty (30) day period, the amount
thereof may immediately be added to and become a part of the Annual Assessment levied
against said Owner's Lot. In the event that any maintenance activities arc necessitated to any
Common or Limited Common Elements by the willful act or active or passive negligence of any
Owner. his family. guests, invitees or tenants, and the cost of such maintenance, repair or other
activity is not fully covered by insurance, then, at the sole discretion of the Board of Directors,
the cost of the same shall be the personal obligation of the Owner and if not paid to the
Association upon demand, may immediately be added to and become a part of the Annual
Assessment levied against said Owner's Lot.
19

2008
Brunswick ���������������������� B2145ds Page 20 of P100 binson 'Z50
(b) Fines. The Association may, in accordance with the procedures set forth
in the Act and Bylaws, establish a schedule of and collect fines for the violation of this
Declaration or of the Association's Articles of Incorporation. Bylaws or Rules and Regulations.
If an Owner does not pay the fine when due, the fine shall immediately become a part of and be
added to the Annual Assessment against the Owner's Lot and may be enforced by the
Association as all other Assessments provided for herein.
(c) Suspension of Services and Privileges. The Association may, in
accordance with the procedures set forth in the Act, suspend all services and privileges provided
by the Association to an Owner (other than rights of access to Lots) for any period during which
any Assessments against the Owner's lot remain unpaid for at least thirty (30) days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter, Bylaws or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do
so thereafter. The remedies provided herein are cumulative and are in addition to any other
remedies provided by law.
ARTICLE IX
RESTRICTIONS ON JURISDICTIONAL WETLANDS
Maintaining Wetlands. The areas shown as wetlands on that plat prepared by Cape Fear
Engineering, Inc. dated February 15, 2008 entitled "Hawkeswater at the River Phase 1-A"
recorded in Map Book 48 at Page 27 of the Brunswick County Register of Deeds shall be
maintained in perpetuity in their natural condition. No person or entity shall fill, grade, excavate,
or perform any other land disturbing activities: nor cut, mow, bum, remove or harm any
vegetation; nor construct any structures, nor allow animal grazing or watering or any other
agricultural use on such wetlands. This covenant is intended to ensure continued compliance
with the authorization issued by the United States of America, U.S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America. This
covenant is to run with the land, and shall be binding on the Declarant and all parties claiming
under it.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial statement of
the Association within ninety (90) days following the end of its fiscal year, (c) receive written
notice of all meetings of the Association and right to designate a representative to attend all such
meetings, (d) receive written notice of any condemnation or casualty loss that affects either a
material portion of the Planned Community or the property securing its loan, (e) receive written
notice of any sixty (60) day delinquency in the payment of Assessments or charges owed by any
20

�Brunswick ountyIC Register 82145!meos Zi^f�2oao
Owner of any property which is security for the loan, (f) receive written notice of a lapse,
cancellation, or material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the consent of a
specified percentage of mortgage holders. and (h) be furnished with a copy of any master
insurance policy.
SECTION 2. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot
Owner will be required to pay for any water connections, sewer connections, street lighting,
impact fees or any other charges imposed by any entity furnishing water, sewer, street lighting or
other utility service to the Lots and Common Elements. In the alternative, the Developer may
collect such connection, impact and other fees, and charges directly from the Lot Owners. All
Lot Owners shall be required, for household purposes, to use water and sewer supplied by the
companies/governmental units servicing the Planned Community. Separate water systems for
outside irrigation and other outdoor uses shall not be permitted without the consent of the
Architectural Review Committee.
SECTION 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
SECTION 4. Amendment of Declaration. Except in cases of amendments that may be
executed by the Declarant under this Declaration or by certain Lot Owners under the Act, this
Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots
to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by
the Declarant if necessary for the exercise of any Special Declarant Right or development or
other right reserved to the Declarant herein.
SECTION 5. FHA/VA Aonroval. So long as there is Class B membership, annexation
of Additional Properties, dedication of Common Elements and/or amendments to this
Declaration must be approved by the Federal Housing Administration and/or the Department of
Veterans Affairs, as the case may be, if either of those agencies has approved the making,
insuring or guaranteeing of mortgage loans within the Planned Community.
SECTION 6. North Carolina Planned Community Act. It is the intent of the Declarant
to comply with the requirements imposed on the Planned Community by the Act and to the
extent any of the terms of this Declaration violate the Act, the terms of the Act shall control.
SECTION 7. Joinder. Cooperative Bank joins in the execution of this Declaration for
the purpose of consenting to the temis and conditions contained herein, and for the additional
purpose of subordinating, except as herein set forth, the Deed of Trust recorded in Book 2606,
Page 37, and the Assignment of Leases and Rents recorded in Book 2606, Page 49, Deed of
Trust recorded in Book 2606, Page 72. and the Assignment of Leases and Rents recorded in
Book 2606, Page 92, Deed of Trust recorded in Book 2606, Page 106, and the Assignment of
Leases and Rents recorded in Book 2606, Page 121, Deed of Trust recorded in Book 2605, Page
21

'III'II1III'IIIII1110II111 obr Ofo E ds ;100�g o�22�cf o25
Il8"nswtck CountY,
1340, and the Assignment of Leases and Rents recorded in Book 2605. Page 1361, all in the
Brunswick County Registry, as the same may have been modified from time to time, to the
provisions of this Declaration and by affixing its duly authorized signature hereto,
does hereby specifically subordinate, except as herein set forth, said Deed of Trust recorded in
Book 2606, Page 37, and Assignment of Leases and Rents recorded in Book 2606, Page 49.
Deed of Trust recorded in Book 2606, Page 72, and the Assignment of Leases and Rents
recorded in Book 2606, Page 92, Deed of Trust recorded in Book 2606, Page 106, and the
Assignment of Leases and Rents recorded in Book 2606, Page 121, Deed of Trust recorded in
Book 2605, Page 1340, and the Assignment of Leases and Rents recorded in Book 2605, Page
1361 to the terms of this Declaration. Except for said subordination, the liens of said Deeds of
Trust shall remain in full force and effect until released by Cooperative Bank by instrument duly
recorded in the Brunswick County Registry.
IN TESTIMONY WHEREOF. Declarant has caused this Declaration to be signed in its
corporate name by its president pursuant to authority of Declarant's Board of Directors as of the
day and year first above written.
HA W KEWA
M
ATER 11 DEVELOPMENT, INC.
RP
0
22

IIIIIIII III IIIIIII I IIIIIIIIIIII III III 82145 PiOaa i12so9-3°noaa
Brunswick County, NC Register of Deeds' page 23 o1 25
COOPERATIVE BANK
By. Its: 6 Cl- President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, iViatStio. � , C,ov.rr..rt a Notary Public of the County and State aforesaid,
certify that ?ohrt R • l.anec+sii-r personally appeared before me this day and
acknowledged that he is a President of I•iawkeswatcr I Development, Inc., a North
Carolina corporation, and that he, as aPresident, being authorized to do so, executed the
foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this thcV day of PJ0^4#-rV1 2008.
My commission expires: a - -moll hN:,,, Ic l�
Notary Public
.•"..s K. Cne�a
()TAR),
y'. AUBoG a
STATE"
n
COUNTY OF NEW HANOVER
, MeJSkA- (C . C,ovic rt , a Notary Public of the County and State aforesaid,
certify that 'To hv% A. Elmore, a personally appeared before me this day and
acknowledged that he is a President of Hawkeswater Il Development, Inc., a North
Carolina corporation, and that he, as a_President, being authorized to do so, executed the
foregoing on behalf of the corporation.
0.
Witness my hand and official stamp or seal, this 1hcX0 day of PLlor+" 2008.
My commission expires: o2-.I - A0.09
.•",gyp K. CO
•SEAL
aOTARY •:
:
:o
rZ'jy'.• pUB1
23
Notary Public

1111111111111111111 IIIlillllllllll111 82145 P1009 ,''go�.�o=
Brunswick County, NC Register of Deeds page 24 of 25
STATE OF NORTII CAROLINA
COUNTY OF NEW HANOVER
I, JV\tuSho. �. LuJo-rt , a Notary Public of the County and State aforesaid,
certify that Li 0nt11 L• V/ wj personally appeared before me this day and
acknowledged that he is —a r President of Hawkeswater Ill Development, Inc., a North
Carolina corporation, and that he, as a_Presidcnt, being authorized to do so, executed the
foregoing on behalf of die corporation.
Witness my hand and official stamp or seal, this thc2 may of br,..r . 2008.
My commission expires: oZ -.1.1009
Notary Public
K.
aOTAR y
Z PUB00 a
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
[, M&(5 PI& K . C.ov.fa. rt a Notary Public of the'County and State aforesaid,
certify that �'ohn . L4�CGb4-4
r personally appeared before me this day and
acknowledged that he is a b,.lxrtn tDf Riverside Land Holdings, LLC., a North Carolina
limited liability company, and that he, as a IR.rNIt►Keing authorized to do so, executed
the foregoing on behalf of the limited liability company.
Witness my hand and official stamp or seal, this theaD%y of RbvL%w.%y2008
My commission
•.••,gyp K. Cps •�
?g1�AR Y •':
z rP_UBLA 2
24
Notary Public

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B2145 !10; W37MO
Brunswick County, NC Register of Deeds page Robinson 0! 25
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, CrL�6+a( Y.Jjbbbo . a Notary Public of the County and State
aforesaid, certify at G. 13. Chufou personally appeared before me this day and
acknowledged that _he is CC President of Cooperative Bank, a North Carolina
banking corporation. and that he. as i -C, President. being authorized to do so,
executed the foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this the day of keJDr"cw , 2008
My commission expires: Mai 7. —
...nuuue..
.gTAL V.&O
SEA m I
X %
A`8LIC ,
25