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HomeMy WebLinkAboutNC0065986_owner name change_20131219YFWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Tom Reeder Governor Director December 19, 2013 Attn: Harty Hutchison Dogwood Trails Association, Inc. 107 Armistead Lane Easley, SC 29642 John E. Skvarla, III Secretary Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO065986 Dogwood Trials Association, Inc. Haywood County Dear Mr. Hatchison: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on November 19, 2013. This permit modification documents the change of ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 807-6304. ince ely, Tom Reeder cc: Central Files Asheville Regional Office NPDES Unit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.64921 Customer Service:1-877-623-6748 N&ffiCarollina InternetEqual c AwAmally An Equal ODponunityl Affirmative Action Employer Pettnit NC0065986 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY . PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other -lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Dogwood Trails Homeowners Association, Inc. is hereby authorized to discharge wastewater from a facility located at the Dogwood Trails Subdivision WWTP NCSR 1306, N of US Hwy 19, Maggie Valley Haywood County to receiving waters designated as Evans Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and -other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 31, 2013. This permit and authorization to discharge shall expire at midnight on January 31, 2016. Signed this day December 19, 2013. T Reeder, Director T ]Division of Water Resources By Authority of the Environmental Management Commission Permit NCO065986 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS [parameter codes] Monthly Daily Measurement Sample Sample 1 Average Maidmum Frequency Type Location Flow [50050] 0.020 MGD Weekly Instantaneous I or E Temperature 00010] Monitor & Report Daily Grab E Total Residual Chlorine 28.0 ug/L Z 2/week Grab E [50060 BOD; 5-day (20°C) [C0310 30.0 mg/L 45.0 mg/L Weekly Grab E Total Suspended Solids C0530] 30.0 mg/L 45.0 mg/L Weekly Grab E NH3 as N (April 1— Oct 31) 11.0 mg/L 35.0 mg/L Weekly Grab E C0610 NH3 as N (Nov 1— March 31) 27.0 mg/L 35.0 mg/L Weekly Grab E [C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab E [31616 pH Not < 6.0 nor > 9.0 Weekly Grab E [00400] standard units Footnotes: 1. I = Influent; E = Effluent. 2. The Division shall consider all effluent TRC values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina -certified laboratory (including field certified), even if these values fall below 50µg/L Condition: The Permittee shall discharge no floating solids or foam visible in other than trace amounts. Permit N00065986 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits -issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Dogwood Trails Homeowners Association, Inc is hereby authorized to: 1. continue to operate an existing 0.020 MGD extended -aeration package plant for 100%- domestic subdivision wastewater treatment consisting of: • aeration basin • clarifier • chlorine -contact chamber with tablet chlorinator • tablet dechlorinator, and • digester located at the Dogwood Trails Subdivision, off NCSR 1306, 0.95 miles north of US Hwy 19 in Maggie Valley, Haywood County, and 2. discharge from said treatment works at the location specified as Outfall 001 on the attached map, into Evans Branch [stream segment 5-26-9], a waterbody currently classified C-Trout within subbasin 04-03-05 of the French Broad River Basin. �;qa NCDENR NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES State of North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory, Governor John E. Skvarla III, Secretary Charles Wakild, P.E., Director PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number. NC00_6_/_5_/_9_/_8_/_6_ or NCG6_/_/_/_/_ 1. Permit holder's name: Robert B. Briggs 2, Facility Name: Dogwood Trails Subdivision II. NEW OWNER/NAME INFORMATION: This request for a name change is a result of. I JUL 31 2013 _a. Change in ownership of property/company _b. Name change only _X_c. Other (please explain): Takeover of system by homeowners association from developer 2. New owners name (name to be put on permit): Dogwood Trails Homeowners Association, Inc. 3. New owners or signing official's name and title: Harry Hutchison, President of Dogwood Trails Homeowners Association, Inc. hnpsa/gql-aUachymail.com/us.fl849.mail.yahoo.com/ya/securedow...CZF.9Dzx&ts=1365778481&partner=ymail&slg=loJZFSncydBrncGzakKSLBg— 4i12113, 10:57 AM Page 1 of 2 oqs=rauped'616LVww oogeR'few '6w'w//:sdpq 4. Mailing address: 107 Armistead Lane, Easley SC 29642 Phone: ( 864 ) 704-3893 E-mail address: lticktock(Dbellsouth.net THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] Applicant's Certification: (,Harry Hutchison, President of Dogwood Trails Homeowners Association, Inc., attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Dogwood Trails Homeowners Association Inc. Signature: by: ' V " _ t Date: 11 —/a- / 3 Harry Hutchison, President THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 807-6300 FAX (919) 807-6489 An Equal opportunity Affirmative Action Employer 50% recycled / I0%post-consumer paper hups,//gq1-adach.ymail.com/us.f1849.mail.yahoo.com/ya/securedow_.CZF.gDzx&ts=1365778481&partner=ymaAslg=IOJZF5ncYdBmcGzakKSLBg— 4/12/13, 10:57 AM Page 2 of 2 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: L Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF DOGWOOD TRAILS HOMEOWNERS ASSOCIATION, INC. the original of which was filed in this office on the 31 st day of May, 2012. s�jWtIScan to verify online. Document Id: C201215000454 Verify this certificate online at www.secretary.state.nc.us/verification IN VJTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 31 st day of May, 2012. Secretary of State ' C201,215000,454 SOSID:1262157 Date Filed: 5/31/2012 8:09:00 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C201215000454 Department of the Secretary of State ARTICLES OF INCORPORATION NONPROFIT CORPORATION Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. 1. The name of the corporation is: Dogwood Trails Homeowners Association, Inc. 2. - (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The street address and county of the initial registered office of the corporation is: Number and Street 154 N. Main Street, Ste 2 City, State, Zip Code Waynesville NC 28786 County Haywood 4. The mailing address If doerentfrom the street address of the initial registered office is: 5. The name of the initial registered agent is: Frank G. Queen 6. The name and address of each incorporator is as follows: Frank G. Queen, 154 N. Main Street, Ste 2, Waynesville NC 7. (Check either a or b below.) a. The corporation will have members. b. The corporation will not have members. 8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. 9. Any other provisions which the corporation elects to include are attached. 10. The street address and county of the principal office of the corporation is: Number and Street 154 N. Main Street, Ste 2 City, State, Zip Code Waynesville NC 28786. County Haywood 11. The mailing address if different from the street address of the principal office is: Revised January 2000 Form N-01 CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 C201-215000454 12. These articles will be effective upon filing, unless a later time and/or date is specified: This is the 25th day of May ,20 12 Dogwood Trails Homeowners Association, Inc. C%AJZ >4:d Q oo� Signature of Incorporator Frank G. Queen, Incorporator Type or print Incorporator's name and title, if arty NOTES: 1. Filing fee is $60. This document must be filed with the Secretary of State. Revised January 2000 Form N-01 CORPORATIONS DMSION P. 0. BOX 29622 RALEIGH, NC 27626-0622 C201315000454 Non-profit homeowners association provisions Section 9 of the Articles of Incorporation shall incorporate these provisions: a. The purposes for which the corporation is organized are the maintenance of a homeowners association within the meaning of Section 528 of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law. b. Notwithstanding any other provision of these articles, this organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax under Section 501(c)(4) or Section 528 of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law. c. No assets or earnings of the corporation shall inure to the benefit of any officer, director or private person, except as provided under the General Statutes of North Carolina for non- profit corporations. d. In the event of dissolution, the residual assets of the corporation will be turned over to one or more organizations which themselves are exempt as organizations described in Sections 501(c)(4), 528 or 170(c)(2) of the Internal Revenue Code of 1986 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State or local government for exclusively public purposes. e. To the Mest extent permitted by the North Carolina non-profit corporation law as it now exists or may be amended, no person who is serving or who has served as a director of the corporation shall be personally liable to the corporation or any of its members for monetary damages for breach of any duty as a director. No amendment or repeal of this provision shall reduce the protection granted by it as to any matter that occurred prior to such amendment or repeal. Haywood County --Register of Deeds Amy R. Murray, Register of Deeds Book 645 Page 506 # Pgs: 6 10/10/2005 11:21:10am AMENDED NOTICE OF RESTRICTIONS AND EASEMENTS ON REAL ESTATE RETURN TO A 0 KERSTEN & DAVIS, P.A. P.O. DRAWER 1260 Know by all men by these presents: WAYNESVILLE, NC 28786 ROBERT BRUCE BRIGGS and wife CYNTHIA S. BRIGGS, d/b/a/ DOGWOOD TRAILS, hereinafter called "Developer", are the owners of land situated in Haywood County, North Carolina, being more particularly described as follows: All numbered lots within the "DOGWOOD TRAILS" subdivision as shown on survey by R. Kevin Ensley, P.L.S., dated 8/30/05 being drawing # A-079-05 as recorded in CAB C Slot 4195 . Said property being a portion of the property conveyed to Robert and Cynthia Briggs from Donald Bruce and Barbara L. Briggs on 3 / 10/04 and being recorded at DB 590 Pg 15. Additional numbered lots may be added to this subdivision and subjected to these restrictions by future surveys at Developer's sole discretion. Whereas, Developer desires that all of the above -described real property be subject to like restrictions and easements for not only the mutual benefit and protection of itself and all persons, real and corporate, who hereafter may purchase or acquire said property or any part thereof, but also to protect the unique character and charm of said property and to assure ever-increasing property values; NOW, THEREFORE, in consideration of the premises, Developer does hereby declare said real property to be SUBJECT TO the following restrictions, reservations, easements and conditions, binding upon said Developer and upon each and every person, both real and corporate, who or which shall acquire hereafter said real property or any part thereof, and their respective heirs, personal representatives, successors and assigns, said restrictions, reservations, easements and conditions being as follows: PART A - RESIDENTIAL COVENANTS 1) USE: No lots shall be used for other than single-family residential purposes. One attached or detached garage or carport is allowed per lot as herein provided. Also, one accessory structure such as a storage building is allowed per lot as herein provided. Developer reserves the right to designate one or more lots for utility purposes. Developer shall also have the right to amend these restrictions or add additional restrictions as hereinafter provided. 2) LOT AREA: No lot shall be subdivided and no more than onel (f } single-family residence may be placed or permitted on any lot. 3) STRUCTURES: a) No dwelling shall be erected or permitted to remain on any lot that contains less than eight hundred (800) total square feet exclusive of attached garage, carports or porches. No dwelling shall exceed 2 stories or twenty five (25) feet in height, excluding basements. Inst#6450506 Page:2 of 6 b) No garage or carports shall exceed four hundred (400) square feet in size or fifteen (15) feet in height. No other secondary or accessory structure shall exceed one hundred fifty (150) square feet or twelve (12) feet in height and only one such structure shall be allowed per lot. c) Any and all buildings shall be constructed of solid log or have log siding or natural wood siding on frame construction and shall not be painted but stained with colors that blend with the natural environment or left its natural color. All construction on any lot must have matching siding, colors, design, etc. No building shall be erected, placed or altered on any lot unless of quality workmanship and materials, and having an external design that is harmonious with the existing structures and the natural environment. Any and all building must be approved by Developer in writing prior to commencement of construction. d) No modular or manufactured housing of any kind shall be allowed. Site built homes only. e) No tents, garages, barns or other outbuildings or structures of a temporary character including, but not limited to, pre-fab, metal, plastic or canvas - styled buildings or carports shall, at any time, be located on any lot, temporarily or permanently. f) All construction must be built by a Licensed and Insured North Carolina General Contractor. Once construction of any residence on a lot shall have commenced, the exterior, including windows, doors and roof, shall be completed within six (6) months of the commencement of such construction (provided, however, that this six (6) month period may be extended if delay in completion is caused by strike, war, riot, act of God or other similar condition beyond the control of the owner of the homesite or his Contractor) and all temporary structures, construction trailers, etc., shall be removed. g) There shall be a five (5) foot building construction setback from all property lines including overhangs, eaves and decks. h) No fence shall be erected on any lot unless it is of wood or stone construction and shall not exceed four (4) feet in height excepting subdivision property line fences placed by Developer. i) No exposed concrete block shall be allowed on the exterior of any building. All block must be finished stucco, rock or wood or other acceptable covering. 4) SIGNS: No sign of any kind except a standard size "FOR SALE" sign shall be displayed to the public view on any lot. No directional signs on any development roads or entrance way shall be allowed except those placed by the Developer and his or her agent. The name of the owner or occupant and street number may be ___displayed on a small sign.. Developer or its agents shall have the right to remove any signs which orate this provision; and; in- so doing, shall not be liable and is expressly relieved from any liability for trespass or other tort in connection therewith, arising from such removal. 5) EXTERIOR LIGHTING: No street -type, dusk -to -dawn or watchdog -type exterior Snst#6450506 Page:3 of 6 lighting is permitted without the express written consent of Developer. Low voltage, low wattage and/or landscape -type lighting is permitted. Motion -activated lighting attached to a building is permitted. No exterior lighting of any type that is deemed in the opinion of the Developer to be excessive or which materially affects the use or enjoyment on any lot is permitted. 6) ABOVEGROUND POOLS: No aboveground swimming pools (with the exception of small, inflatable "kiddie" pools) are permitted. 7) DRIVEWAYS: Each lot owner shall maintain their individual driveway and parking areas. Gravel areas must be maintained by regular grading to avoid the growth of vegetation and to avoid rutting. In addition, gravel areas must be maintained with appropriate covering of gravel to avoid exposed soil. Paved areas must be maintained so as to avoid the growth of vegetation and excessive cracking. In addition, paved areas must be maintained with an appropriate covering of paving material to avoid exposed soil. 8) UNKEMPT CONDITIONS: It is the responsibility of each lot owner to prevent any unclean, unsightly, unkempt condition of buildings or grounds on their lot. Developer shall have the right, but not the duty, to enter upon any lot for the purpose of abating any unclean, unsightly or unkempt condition of buildings or grounds that tend to decrease the beauty of the neighborhood as a whole or the specific area. This right to abate shall include the mowing of any lot not kept regularly and fully mowed. The cost of such abatement and any damage resulting from such entry shall be at the expense of the specific lot owner and shall not be deemed a trespass. 9) NUISANCES: No noxious or offensive activity shall be carried on or maintained on any lot, nor shall anything be done or permitted to be done thereon which may be or become a nuisance. Motorbikes and ATV's are not permitted in the Development. Drying of clothes in public view is prohibited. 10) FIREARMS: The use or discharge of firearms is expressly prohibited within the subdivision. 11) GARBAGE and TRASH DISPOSAL: All garbage and trash shall be kept and stored in containers out of public view. There shall be no burning of trash or other waste conducted upon any lot unless pursuant to a permit issued by appropriate governmental authorities. 12) ANIMALS: No horses, cows, hogs, poultry or livestock of any kind (other than house pets of reasonable kind and number) may be kept on any lot. Should such pets become a nuisance to other property owners they must be removed from the premises and the subdivision. 13) STORAGE OF MATERIALS: No building materials of any kind shall be placed or stored upon any lot except during construction. 14) UNSIGHTLY STORAGE.: No outside storage of any kind shall be permitted that is viaible from the street or from any other residence in the subdivision. No storage or parking of,, otorhomes, campers; boats,jrailers, unliccnsed or inoperable vehicles, etc. is allowed. Fuel tanks may be placed above ground only if screened by vegetation or natural wood structures. 15) OFF STREET PARKING: There shall be no on -street parking anywhere in the subdivision. Both prior to or after the occupancy of a dwelling on any lot, the owner shall provide appropriate space for off-street parking of his and his guests' vehicles. Inst#6450506 Page:4 of 6 16) OIL, GAS, MINERAL AND WATER DEVELOPMENT: No drilling for oil, gas or water or excavation for the extraction of minerals shall be permitted on any lot in this subdivision, except that, drilling for water may be done by the Developer on properties either owned by the Developer, the Property Owners' Association (POA), or upon lots owned by others with their permission. No earth shall be removed from any lot except for the construction of a residence, garage or driveway and, in those instances, excavation shall not commence until the start of construction. 17) CUTTING OF TREES: Except for the clearing of a homesite, parking area, garage or driveway, no trees shall be cut that are more than six(6) inches in trunk diameter at a height of two (2) feet above ground level. Selective cutting of treetops, trimming and pruning of trees shall be allowed in order to have a reasonable view from a lot. Removal of hazardous trees is allowed with Developers prior approval. 18) EASEMENTS: The Developers do hereby reserve unto themselves, their successors and assigns, a perpetual right of way and easement over and across all lands to erect, maintain, repair and replace power and telephone poles, wires, cables, conduits, sewers, storm sewers, water lines, firebreaks or any other utility on, in or over five (5) feet along the perimeter of each lot and any such action shall not be deemed a trespass. 19) DRAINAGE: No lot shall alter the physical landscape of said lot in such a way as to cause surface water to be discharged onto any other lot. All driveways must have adequate culvert and drainage ditches so as not to damage roads or any other lot. Any damage repairs shall be paid for by property owner causing same. 20) AMENDMENTS AND VARIANCES: As long as the Developer owns any lots in this subdivision, the Developer, in his sole discretion, shall have the right to amend these restrictions in whole or in part by executing a written instrument making said changes and having the same duly recorded in the Registry of Haywood County, North Carolina. Developer also reserves the right, in his sole discretion, to grant variances to these restrictions on an individual basis. The decision of Developer to grant or not to grant variances as herein provided is discretionary and not subject in any way to appeal or review. Since every possible situation cannot be anticipated, Developer reserves the right to make special rulings in cases not specifically covered by these restrictions. 21) ROAD MAINTENANCE AND FEES: Maintenance of roads constructed upon said property to serve lots sold therein shall be the responsibility of the Developer until a Property Owners Association is formed as herein provided and lot owners shall pay Two Hundred Dollars ($200.00) per year for said maintenance, subject to change. This fee is to be paid to Developer on January 1 S` of each year. This fee specifically does not include re -paving of Subdivision roads. At such time as re -paving is deemed necessary by a majority vote of the then lot owners, said re -paving shall be charged at an equal pro-rata share of the total cost to each owner. Additional fees may -be charged -at Developer's sole- discretion, for- any damages caused by any construction or any other activities that impacts, affects or damages any road, right-of-way, easement or common area of the Development. Said fees shall reasonably relate to all costs involved in repairing said damages and shall be paid for entirely by the offending lot owner. The Developer of Dogwood Trails herein discloses and purchasers herein acknowledge receipt of the information that the streets have not been constructed to the minimum standards as established by the North Carolina Department of Transportation and, therefore, are not eligible at this time for inclusion on the State Inst#6450506 Page:5 of 6 highway system for maintenance (N.C.G.S. 136-102.61). These roads are private and will be maintained pursuant to these restrictions. 22) SEWER AND WATER: All lots to be served by Developer -provided and owned sewer and water systems and owners of said lots shall be required to pay to the Developer a tap -in fee and a monthly service charge of $3 5.00 a month for water and $25.00 a month PER BEDROOM for sewer. This amount is subject to change at Developers sole discretion, and is payable to the Developer the 1 St day of each month. If any major repairs shall become necessary to said sewer and/or water systems, such costs shall be paid on a pro-rata basis by the lot owners using that service. On undeveloped lots only, tap -in fees to be paid to Developer shall be $5,000.00 for water and $5,000.00 per bedroom for sewer (subject to change at Developers sole discretion). Developer reserves the right to turn collection of said service charges and maintenance of sewer and/or water systems over to a Property Owners Association if and when such Association may be created. Developer also reserves the right to sell sewer and or water services to lots located outside the Dogwood Trails Subdivision confines and the right to remove or discontinue the Developer -provided sewer and water systems and service if and when city sewer and/or water service becomes available to the Dogwood Trails development. At such time as either or both services become available and Developer discontinues service because of this availability, each lot owner in Dogwood Trails subdivision shall be responsible for hooking into the available system(s) at each such lot owners expense. 23) PROPERTY OWNERS' ASSOCIATION (POA): Upon the sale of fifty-one (51) percent of the lots in the subdivision, the Developer may, at his sole discretion, form a Property Owners Association. If a Property Owners Association is formed all lot owners will automatically become members of said association and hereby agree to be bound by the rules and regulations of such association. The "POA" shall have the following duties and responsibilities: a) maintenance of all roads, drainage facilities and lighting in the subdivision; b) maintenance and/or replacement of subdivision, identification signs, street signs, hydroseeded banks, and decorative plants, trees and shrubs within the right of way or on "PDX" deeded lands; c) maintenance of sewer and/or water systems and buildings when and if Developer elects to turn same over to the "POA"; d) payment of any taxes, assessments and liens on any property owned by the Association, and maintenance of all lands and personal property owned by the "POA", including gazebo, tables, etc. at the main entrance of Subdivision; e) collection and disbursement of funds required for the above purpose to be charged to the property owners on a per -lot basis; f) any other fees or duties as determined to be the responsibility of the "POA" 24) ATTORNEY FEES: The prevailing party in any action brought under or by virtue of these restrictions, covenants; reservations, -conditions -and easements or which is applicable in any way to same shall be entitled to recover actual attorney fees as a part of the taxable court costs in such action and/or any legal fees resulting from the violation or attempted violation of these restrictions shall be paid for entirely by the violating party. In the event that a lawsuit is commenced and then the violation is corrected prior to settlement, the violating party shall still be responsible for paying all expenses incurred. Inst#6450506 Page:6 of 6 PART B - GENERAL PROVISIONS 1) These restrictive covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 2) Enforcement of these restrictive covenants shall be by proceedings at law or in equity against any person violating or attempting to violate any of these restrictive covenants, either to restrain such violation or to recover damages, and may be brought by any owner of the property above described. Developer shall not be held responsible for any violation of these restrictions by any property owner. The failure to enforce any restrictions, covenants, reservations, conditions and/or easements contained herein, however long continued, shall not be deemed a waiver of this right to do so hereafter as to the same violation or any other violation. 3) All applicable Federal, State and County laws and regulations shall be adhered to by the individual lot owners. 4) Invalidation of any of these covenants by a judgment or a court order shall in no way affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, Robert Bruce Briggs and wi e, Cynthia S. Briggs have caused these presents to be signed this 30 day of S 2005. /)� /-r 0� A oft e�_� & � � . R•: 4ell i �r STATE OF NORTH CAROLINA COUNTY OF HAYWOOD i, _ *4144 fW • a Notary Public of said County and State, do hereby c rtify that obeit Bruce Briggs and wife, Cynthia S. Briggs personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and seal, this day of - 2005 .. tits- My commission expires NOTA • Rr • 0p G0 *a�rRrno, OMB Approval No. 2502-0265 A. Settlement Statement (HUD-1) B. Woe of Loan 1. Q FHA 2. (] RHS 3. Q Conv. Unlns, 13.1139 4. [] VA 5. ® Conv. Ins. S. File Number. 7. Loan Number. 0282458447 8. Mortgage insurance Case Number: C. *Note: This Corm Is Airntshed to give you a statement of scfual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked •(p.o.c.)' were paid outside the closing; they are shown here for In&=11onal purposes and are not lnetuded In the totals. 0. Name andAddresa of Borrower. AARON T SCOTT 70 LAKESIDE LOOP EXT. HICKORY, NC 28601 E. Name andAddress of Seller. WESLEY J. HINE, JR. DOUGLAS W. STIMMEL 4869 HEARTHSTONE RD. CLEMMONS, NC 27012 F. Name and Address of Lender. 8UNTRUST MORTGAGE, INC. 901 SEMMESAVE. RICHMOND, VA 23224 G. Property Location: 70 LAKESIDE LOOP EXTT, HICKORY. NC 28601 ALEXANDEt Courtly, North Carolina H. Se8lementAgent 2D-1970407 THE LAW OFFICE OF CLINT CALAWAY 380 KNOLLWOOD STREET, SUITE G WINSTON-SALEM. NC 27103 Ph (3W)777.8027 I. Settlement Date: August 13, 2013 Place of Ssttlemertt 380 KNOLLWOOD STREET, SUITE G WINSTON-SALEM, NC 27103 J. Summary of Borrower's transaction K. Summary of Seller's transaction 100. Gross Amount Due from Borrower. 4W. Gross Amount Dim to Seller. 101. Contract sales price 365000.00 401. Contract sales REloe 385 000.00 102. Personal prop2q 402. Personal property 103. Settlement Char ; to Borrower Line 1400 6,273.22 40& 104. 404. 10& . 405. Ad ustmonts for Items gold by Seller In advahca Ad ustments for Items Bald by Seller in advance 108. City/Town Taxes to 408. Cilyfrown Taxes to 107. CountyTaxes to 407. Ccun Taxes to 108. Assessments to 4011 Assessments to 109. 409. 110. 416 111. 1 411. 112. 41Z 120.* Gross Amount Due from Borrower 370,273.22 420. Gross Amount Due to Seller 365.000.00 200 Amounts Paid by or In Behalf of Borrower 800. Reductions In Amount Due Seiler: 201. De osit or earnest mom 16W.00 601. Excess gELSIt sea Instructions 202. Principal amount of new loans 32 483.00 502. Settlement chmes to Seller Una 1400 18 20&41 203. E)dsOng I s taken subled to SM. Existing loan(s) taken s ect to 204. 504. Payoff First Mort ge 205. 50& PayoffS000nd Mortgage 205. W& 207. 507. (Deposit dlab. asproceeds) 2041 W& 209. 509. Adjustments for Items unpaid b Seller Adjustments for items unpaid by Seiler 210. City/Town Taxes to 510. civrownTexes to 211. Coup Taxes 01101/13 to 08113113 938.05 511. Court Taxes 01/01/13 to 08113/13 W8.05 211 Assessments to 512. Assessments to 213. 51& 214. 614. 215. 5% 218. 51B. 217. 517. PROCEEDS to WESLEY J. MINE, JR. 17ZOM.27 218. 51& PROCEEDS to DOUGLAS W STIMMEL UZEDW 219. 519. M. Total Paid b ffor Borrower 330899.05 520. Total Reduction Amount Due Seller 365.000.W0 300. Cash at SaftIlMent fromito Borrower 600. Cash at settlement toKrom Better 301. Gross amount due from Borrower line 121) 370 27&22 601. Gross amount due to Seiler line 420 365 000.W 302. Less amount Id or Borrower line 220 330,899.05) 602. Less reductions due Seller fine 520 ( 385.000.OUJ 303. Cash XZ From To Borrower 39.374.17 N& Cash ❑ To From Seller 0.010 The undersigned hereby acknowledge receipt of a completed copy of pages 1, 2 & 3 of this statement & any attschments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STAYEMENT AND TO THE BEST OF MY OWLEDGEAND BELIEF, IT IS ATRUEAND ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MYACCOUNT OR INTHIS q ACTION. 1 FURTHER CERTIFY THAT i HAVE RECEIVED 0 UD-1 SETT ENT STATEMENT.Borrower Seller _ �'(1l ��n'A LEY J. NE e n or l o-F sel 0 UGLAS W. STIMMEL TO THE BEST OF MYKNO taE. THE HUD-1 SETTLEMENT STATEMENT WHICH 1 HAVE PREPARED ISATRUEAND ACCURATEACCOUNT OF THE FUNDS WHICH WERE R AND HAVE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OFTHIS TRANSACTION. � E NT CAIA all ement gent WARNING: IT ISACRIME TO KNOWINGLY MW LSE STATEMENTS TO THE UNITED STATES ON THIS OR ANYSIMILAR FORM. PENALTIES UPON The P�ttrlla Rsporinp eusdsa lUF M aotsdon oflntoteneto Is edinslad SM W40 Mf per meocnit for 0 XIMAnO. reyk MRp d mporinp llf data. This sonny m nal oolo /Cfl� rAwmalon. fandyou are not mQutrsd to ooneplsM lhbbrm. unesss bdNptsyar s ■ anMy valid oms oonsol rnrmast No oonldenlsthy Is sssared:lbls �faRictosure Is mandsbrI&Thls is dsslansd b prWds dw per/as too RESR4aoasrsd trsnsedtan with tnbtmelon durtnp the Htremsnt proosss. Page 1 d3 HUD-1 L. Settlement Charges 700. Total Real Estate Broker Fees $17,337.50 Paid From Borrowers Fundest saaement Paid From setters Fundsal Sesement Division of commission (line 700) as follows: 701. 6387.50 to ELITE PROPERTIES 702. 10950.00 to REMAXA-TEAM 703. Commission paid at settlement 17 337.50 704. 705. BOO. Items Payable In Connection with Loan 801. Our origination charge Includes origination Point 0.000% or $ 0.00 $ 3,909.63 from GFE #1 352.38 802. Your credit or charge (points) for the specific Interest rate chosen $-3,557.25 (from GFE #2) to SUNTRUST MORTGAGE, INC. 803. Your adjusted origination charges to SUNTRUST MORTGAGE, INC. from GFE #A 804. Appraisal fee to CAROLINAAPPRAISALCO. from GFE #3) POCB:450.00 805. Credit Report to CORELOGIC CREDCO from GFE #3 POC13:12.50 806. Tax service to (fromGFE#3) 807. Flood certification to CORELOGIC FLOOD SERVICES (from GFE #3) 6.00 808. (from GFE #3) 809(from GFE if3) 810. (tram GFE #3) 811. from GFE #3 900. Items Required by Lender to Be Paid In Advance 901. Daily Interest charges from 08/13/13 to 09/01/13 19 @ $41.400000 /day (from GFE #10) 786.60 902. Mortgage Insurance premium for months to from GFE #3) 903. Homeowner's Insurance for 1.0 years to NATIONWIDE INSURANCE from GFE #11 1,077.00 ... " 904. from GFE #11 - . 906. (from GFE #11) 1000. Reserves Deposited with Lender 1001. Initial deposit for your escrow account from GFE #9 1.625.241 1002. Homeowner's Insurance 3.000 months @ $ 89.75 per month $ 269.25 1003. Mort a e Insurance 0.00 - months $ 172.44 er month S 1004. Property taxes $ 1,525.20 - Coun Taxes 12.000 months $ 127.10 per month 1005. months @ $ per month $ 1006. months @ $ per month $ 1007. months @ $ per month $ 1008. $ $-269.21 '4 1009. AGGREGATE ADJUSTMENT 1100. Title Charges from GFE ) 863.60 1101. Title services and lender's title Insurance to THE LAW OFFICE OF CLINT CALAWAY $ 425.0 '�- ''=�f' 0 1102. Settlement or closin fee Owner's title Insurance to INVESTORS TITLE INSURANCE COMPAr from GFE tR5 32.40 1103. 438.60 1104. Lender's title insurance to INVESTORS TITLE INSURANCE COMPAI $ Art 4, 1105. Lender's title olio limit $ 328463.00 �r 110. Owner's title P011CY Ilmlt $ 365 000.00 $ End: $0.00 1107. Agent's ortlan of the total title Insurance remium total title Insurance premlun to INVESTORS TITLE INSURANCE COMP71.00 End: $0.00 1108. Underwriter's portion of the 10.00 1109. SELLER DOC PREP to THE LAW OFFICE OF CLINT CALAWAY 50.00 1110. WIRE FEE to THE LAW OFFICE OF CLINT CALAWAY 1111. 1112. 1113. 1200. Government Recording and Transfer Charges 1201. Government recordin charges to CLINT CALAWAY RECORDING ACCT from GFE# 102.00 1202. Deed $ 26.00 Mortgage $ 76.00 Releases $ Other $ ir'a' AM, (from GFE #8) 1203. Transfer taxes :1 ' :' 730.00 Deed$ 730.00 Mortgage$ 1204. City/County tax/stamps $ 1205. State taxlstam s Deed $ monuidue, 1206. 1207. 1300. Additional Settlement Cha es 83.00'is-°%i�`('(`�` 1301. Required services that you can shop for from GFE #6 to UALUTREE REAL ESTATE SERVICES $ 83.00 11302. TAX SERVICE FEE 75.91 1303. 2013 PERSONAL PROPERTYTAXES to ALFXANDER COUNTY TAX COLLECTO 360.0 1304. HOME & RADON INSPECTION to M B LAIL 86.00 1305. PEST INSPECTION to BONUS TERMITE &PEST CONTROL 5. 273.22 18 203.41 1400. Total Settlement Cherries enter on Ilnea 103, Section J and 502 Section K .,.e.,.n. nr own. 2 eflme av sae stalament� By signing page l of this statement me sign ......mrva...a=.wr•-•--••�•-----�•-•-- - THE LAW OFFICE t7�� Y, Settlement Agent Page 2 of 3 HUD-1 (SCOTT,AARON 70 LAKESIDE.PFD/13.1139/12) f. Comoarlson of Good Faith Estimate (GFE) and HUD-1 Charges Good Faith Estimate HUD-1 Charges That Cannot Increase HUD-1 Line Number Our origination charge # 801 3.909.63 3,909.63 Your credit or charge (points) for the specific Interest rate chosen # 802 -3,657.25 -3,557.25 Your adjusted origination charges # 803 352.38 352.38 Transfer taxes #1203 Charges That in Total Cannot Increase More than 10% Good Faith Estimate HUD-1 Government recording charges #1201 146.00 102.00 Appraisal fee # 804 500.00 450.00 Credit report # 805 12.50 12.50 Flood certification # 807 6.00 6.00 TAX SERVICE FEE #1302 83.00 1 83.00 Total 747.50 1653.50 Increase between GFE and HUD-1 Charges $ -94.00 or Charges That Can Change Initial deposit for your escrow account #1001 Good Faith Estimate 466.00 HUD-1 1,525.24 Daily interest charges # 901 $ 41.400000/day 82.80 786.60 Homeowner's insurance # 903 1,296.00 1.077.00 Title services and lender's title Insurance #1101 1,474.00 863.60 Owner's title insurance to INVESTORS TITLE INSURANCE COIN #1103 32AO Loan Tenns Your Initial loan amount Is $ 328,463.00 Your loan tern Is 30 years Your initial Interest rate is 4.6000 % Your Initial monthly amount owed for principal, Interest and $1,856.29 includes any mortgage Insurance is 0 Principal n Interest Mortgage Insurance Can your interest rate rise? ❑X No ❑ Yes; it can rise to a maximum of ,__ °A. The first change will be on and can change again every_ months after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than �% or higher than _%. Even if you make payments on time, can your loan balance rise? ❑X No ❑ Yes, it can rise to a maximum of ❑X No ❑ Yes, the first increase can be on. and the monthly amount owed can rise to $_ The maximum it can ever rise to is Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage Insurance rise? p No ❑ Yes, your maximum prepayment penalty is $_ Does your loan have a prepayment penalty? p No ❑ Yes, you have a balloon payment of due in _--,years on - Does your loan have a balloon payment? h as property r perty 0 s and homeowner's Iou do not have a nsurance. ec You payment pay theses Items directly Total monthly amount owed Including escrow account payments yourself. 0 You have an additional monthly escrow payment of $216.85 that results In a total initial monthly amount owed of $2,073.14. This includes principal, interest, any mortgage insurance and any items checked below: Property taxes ❑X Homeowner's insurance ❑ Flood insurance ❑ ❑ ❑ listed on this form, please contact your lender. Note: If you have any questions about the Settlement Charges and Loan Terms Page 3 of 3 HUD-1 (SCOTT, AARON 70 LAKESIDE.PFD/13-1139/12)