WQ0022725_Additional Information Received_20230918

From:
Shannon Bracv
To:
Saunders, Erickson G; info; hscs-environmental(aec.rr.com
Subject:
[External] RE: [ADDITIONAL INFORMATION LETTER] WQ0022725 - Slash Creek WWTP Renewal Application
Date:
Monday, September 18, 2023 11:04:47 AM
Attachments:
SLC Articles of Incomoration.pdf
SLC Bylaws & Amendment.pdf
SLC Declaration & Amendment.odf
SLC Wastewater Contract 2016 Albemarle Environmental.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Mr. Saunders,
My apologies for the delayed response.
In response to your notice for additional information needed please be advised that the associations
WWTP is on parcel # 015746999 (Dare County). In addition I have attached the associations
governing documents and the wastewater system services contract which has auto -renewed with
the same service provider since 2016. 1 believe this should satisfy all the requirements, but please let
me know if you need anything else.
Shannon Bracy, CMCA, AMS
Seaside Management, Inc.
An Accredited Association Management Company
PO Box 1465, Kitty Hawk, NC 27949
Phone[phone] Fax [phone]
[e-mail] I www.seaside-management.com
"Like" us on Facebook for current community updates
From: Saunders, Erickson G <[e-mail]>
Sent: Wednesday, September 13, 2023 9:13 AM
To: Shannon Bracy <shannon @seaside-management.com>; info <[e-mail]>;
[e-mail]
Subject: RE: [ADDITIONAL INFORMATION LETTER] WQ0022725 - Slash Creek WWTP Renewal
Application
ME

Please provide a status update for this additional information request. If we do not receive a
response to my letter by the end of the week, we will return the application as incomplete.
Regards,
Erick Saunders
Environmental Engineer III
Division of Water Resources — Non -Discharge Branch
North Carolina Department of Environmental Quality
Office: [phone]
Cell: [phone]
erickson.saunders(@ncdenr.gov
From: Saunders, Erickson G
Sent: Thursday, August 31, 2023 5:07 PM
To: Shannon(@seaside-management.com; info(@seaside-management.com; hscs-
environmental(@ec.rr.com
Cc: Thornburg, Nathaniel <nathaniel.thornburg(cDdeq.nc.gov>; Tankard, Robert
<robert.tankard(@deq.nc.gov>
Subject: RE: [ADDITIONAL INFORMATION LETTER] WQ0022725 - Slash Creek WWTP Renewal
Application
Mr. Barcy,
Please provide an update on the status of this additional information request. It is now three weeks
overdue.
Regards,
Erick Saunders
Environmental Engineer Ill
Division of Water Resources — Non -Discharge Branch
North Carolina Department of Environmental Quality
Office: [phone]
Cell: [phone]
erickson.saunders(@ncdenr.gov
From: Saunders, Erickson G
Sent: Tuesday, July 11, 2023 4:56 PM
To: Shannon(@seaside-management.com; info(@seaside-management.com
Cc: Thornburg, Nathaniel <nathaniel.thornburgCcDdeq.nc.gov>; Tankard, Robert
<robert.tankard(@deq.nc.gov>
Subject: [ADDITIONAL INFORMATION LETTER] WQ0022725 - Slash Creek WWTP Renewal
Application

Importance: High
Mr. Barcy,
Division of Water Resources' Central and Regional Office staff have reviewed your application
package for Permit No. WQ0022725. Additional information is required before the review may be
completed. Please address the items in the attached Additional Information Request no later than
the close of business on August 10, 2023.
Please provide a cover letter with responses to my comments and the modified and/or requested
documents. The documents should be combined into a single PDF and uploaded at:
https://edocs.deg.nc.gov/Forms/NonDischarge-Branch-Submittal-Form-Ver2. Please also provide
me an email notification that the response has been submitted via the portal and, if the document
size permits, an additional PDF copy of the response.
Please be aware that failure to provide the requested information within the 30-day timeframe may
result in your application being returned as incomplete. If you have any questions or concerns
regarding this request or have any issues obtaining the requested information, please do not
hesitate to contact me.
Regards,
Erick Saunders
Environmental Engineer III
Division of Water Resources — Non -Discharge Branch
North Carolina Department of Environmental Quality
Office: [phone]
Cell: [phone]
erickson.saunders(@ncdenr.gov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

s
Page I
EXHIBIT B-1
pEPnRy/jl
NORTH CAROLINA
De
partment of The Secretary of State
To all whom these presents shall come, Greetings:
.I, .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
M
SLASH CREEK CONDOMINIUM HOMEOWNERS ASSOCIATION
the original of which was filed in this office on the 6th day of June, 2005.
Document Id: C20051470035
4
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 6th day of June, 2005
Secretary of State
IIIIIIVNNNMINIINIIIIII�nIIIN a�-`"�,o•,z,,.

Page 2
EXHIBIT B-1
SOSID: 786383
Date Filed: 6/6/2005 8:16:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C2005I4700354
State of North Carolina
Department of the Secretary of State
ARTICI,FS OF INCORPORATION
NONPROFIT CORPORATION
Pursuant to §55A-2-02 of the General Stalutcs of Nbirth Carolina, the undersigned corporation does hereby submit these Articles of
Incorporation for the putposc of forting a nonprofit corporation.
1. The name of tltc corporation is: Slash Creek Condominium Homeowners Association
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 cuwtty of the initial registered office of tho corporation is:
NuntbcrandStrcct_-_ 1(19 RAct- fir ir_-S_t vPt
City, Statc, Zip Code Nags Head, NC 27959
County. Dare
4. The mailing address if different from the street addres.T of the initial registered office is:
5. The name of the initial registered agent is:
.Tohn W. T)ixou
6. 1 he name and address of each incorporator is as foilows: Linda H . McCown
300 Sir Walter Rnloi h Street Manteo NC 27954
7. (Check either a or b below.)
U-_X_Thc corporation will have members.
b-`The corporation will not have members.
B. Attached are provisions regarding the distribution oftbe corporation's assets upon its dissolution.
9. Any other provisions which the corporation elects to include are attached.
] 0. The street address and eo►►nty of the principal office of ilie corporation is:
Number andSlrect 103 .a.at- —8th Street
City, State, ZipCocic Nags Head, NC 27959 CounDare
ty
t t . The mailing address if do'rrenr from the street address of the principal office is.
P• 327 Na s Head, NC 27959
11. These articles will ba effective upon filing, unlevs A later tine and/or date is specified;
This is the 1st day or .Irene 20 05
qSn h Creek Condominium Association
IIj6189296_1IIl1l IN full1111IIIIII IN Iii1IIIII 0Page: 31 t123/2006 r 04321P ture of Incorp rotor
,Linda 11. McCown, Incorpozator.
The PlanPlanof Dissollftiotl f
fbIloly: or the Slash Crcck Condonihuium 1-1o►u.eowners Association is as
t�bil
Any liquid assets shall. be distributed on a pro -rated basis to all I.tomeowncrs ofrccord.
Any other assets owned by.tlie Association shall be conveyed to the tllezt existing
govcrmncntai body, currently the County of Dare, State OfNort.)A Carolina,
es ectfully ubrnitted,
�i✓if a H. K-C;omi, Incorolmraior

EXHIBIT C
BUILDING/UNIT UNIT'S SQUARE FOOTAGE NUMBER OF VOTES
NUMBER
A-1
1,257
A-2
1,257
A-3
1,257
A-4
1,257
A-5
1,257
A-6
1,257
A-7
1,257
A-8
1,257
A-9
1,257
B-1
1,257
B-2
1,257
B-3
1,257
B-4
1,257
B-5
1,257
B-6
1,257
B-7
1,257
B-8
1,257
B-9
1,257
C-1
1,257
C-2
1,257
C-3
1,257
C-4
1,257
C-5
1,257
C-6
1,257
C-7
1,257
Pagel
PERCENTAGE
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1145%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
1
1/45%
6189296
Page: 32 of 33

a `-
Page 2
EXHIBIT C
BUILDING/UNIT UNIT'S SQUARE FOOTAGE NUMBER OF VOTES PERCENTAGE
NUMBER
C-8
1,257
1
1/45%
C-9
1,257
1
1/45%
D-1
1,257
1
1/45%
D-2
1,257
1
1/45%
D-3
1,257
1
1/45%
D-4
1,257
1
1/45%
D-5
1,257
1
1/45%
D-6
1,257
1
1/45%
D-7
1,257
1
1/45%
D-8
1,257
1
1/45%
D-9
1,257
1
1/45%
E-1
1,257
1
1/45%
E-2
1,257
1
1/45%
E-3
1,257
1
1/45%
E-4
1,257
1
1/45%
E-5
1,257
1
1/45%
E-6
1,257
1
1/45%
E-7
1,257
1
1/45%
E-8
1,257
1
1/45%
E-9
1,257
1
1/45%
6189296
Pass: 33 of 33

EXHIBIT B
BY-LAWS
OF
SLASH CREEK CONDOMINIUM HOMEOWNERS ASSOCIATION
ARTICLE ONE - ORGANIZATION
The name of this organization shall be:
Slash Creek Condominium Homeowners Association
The organization shall have a seal which shall in the following form:
The organization may at its pleasure by a vote of the membership body change its name.
ARTICLE TWO - PURPOSES
The following are the purposes for wluch this organization has been organized:
To maintain the common areas of the Slash Creek Condominium project, to assign
boat slips, to assign storage units, to provide and maintain Insurance on the condominium project
and to do any acts necessary to accomplish the business of the Association.
ARTICLE THREE - MEMBERSHIP
Membership in this organization shall be open to all who are owners of the Condominium
Units known as Slash Creek Condominiums.
ARTICLE FOUR - MEETINGS
The annual membership meeting of this organization shall be held on the I' of March each
and every year except if such day be a legal holiday then and in that event the Board of Directors
shall fix the day but it shall not be more than two weeks from the date fixed by these by-laws. The
secretary shall cause to be mailed to every member in good standing at his or her address as it
appears in the membership roll book of this organization a notice telling the time and place of such
annual meeting.
Regular meetings of this organization shall be held at the time and date specified in the
notice.
The presence of not less than five (5) members shall constitute a quorum and shall be
necessary to conduct the business of this organization; but a lesser number may adjourn the meeting
for a period of not more than six (6) weeks from the date scheduled by these by-laws and the
secretary shall cause a notice of this scheduled meeting to be sent to all thosemembers who were
not present at the meeting originally called. A quorum as hereinbefore set forth shall be required at
any adjourned meeting.
Special meetings of this organization may be called by the president when he deems it for
the best interest of the organization. Notices of such meeting shall be mailed to all members at their
addresses as they appear in the membership roll book at least three (3) but not more than ten (10)
I Mill ��{�f �IIlI litill� Ifll Illll ll�l��� l�[If�ll �I IlII616
oa89�006f 33
04:21P

days before the scheduled date set for such special meeting. Such notice shall state the reasons that
such meeting has been called, the business to be transacted at such meeting and by who called.
At the request of one member of the Board of Directors or three (3) members of the
organization the president shall cause a special meeting to be called but such request must be made
in writing at least five (5) days before the requested scheduled date. No other business but that
specified in the notice may be transacted at such special meeting without the unanimous consent of
all present at such meeting.
ARTICLE FIVE - VOTING
At all meetings, except for the election of officers and directors, all votes shall be viva voce,
except that for the election of officers, ballots shall be provided and there shall not appear anyplaces
on such ballot any mark or marking that might tend to indicate the person who cast such ballot.
At any regular or special meeting, if at least ten members of the Association so required, any
question may be voted upon in the manner and style approved upon by the membership. The vote
could be, but is not limited to be, by ballot, viva voce, e-mail, or facsimile.
At all votes by any form of written communication, the chairman of such meeting shall
immediately prior to the commencement of such balloting, appoint a committee ofone (1) who shall
act as "Inspector of Election" and who shall at the conclusion of such balloting certify in writing to
the chairperson the results and the certified copy shall be physically affixed in the minute book to
the minutes of that meeting.
No inspector of election shall be a candidate for office or shall be personally interested in
the question voted upon.
ARTICLE SIX - ORDER OF BUSINESS
1 - Roll call.
2 - Establish quorum.
3 - Reading of the minutes of the preceding meeting.
4 - Reports of committee.
5 - Reports of officers.
6 - Old and unfinished business.
7 - New business.
S - Adjournments.
ARTICLE SEVEN - BOARD OF DIRECTORS
The business of this organization shall be managed by a Board of Directors consisting of two
(2) members together with the officers of this organization. The number shall vary depending the
identity of the Directors and the Officers. Thus, for example, if a member of the Board is also an
officer, he/she counts as one (1) member, SO THAT if John W. Dixon and David W. Hoyle are the
initial members of the Board of Directors, as well as President and Vice -President, and Linda H.
McCown is the initial Secretary and Treasurer; the initial Board ofDirectors shall be three members
consisting of John W. Dixon, David W. Hoyle and Linda 11. McCown.
The directors to be chosen for the ensuing year shall by chosen at the annual meeting of this
organization in the same manner and style as the officers of this organization and they shall serve
for a term of one (1) year.
The Board ofDirectors shall havecontrol and management of the affairs and business of this
organization. Such Board of Directors shall only act in the name of the organization when it shall
be regularly convened by its chairman after due notice to all the directors of such meeting.
Two members of the Board of Directors shall constitute a quorum and the meetings of the
Board of Directors shall be held regularly on the same day as the regularly scheduled meeting,
immediately following the meeting of the Corporation.
6189296
01 1 33
/ 31200604:21P

Each director shall have one vote and such voting may not be done by proxy.
The Board of Directors may make such toles and regulations covering its meetings as it may
in its discretion determine necessary.
Vacancies in the Board of Directors shall be filled by a vote of the majority of the remaining
members of the Board of Directors for the balance of the year.
a
The president of the organization by virtue of the office shall be chairperson of the Board of
Directors. The Board of Directors shall select from one of their number a secretary.
A director may be removed when sufficient cause exists for such removal. The Board of
Directors may entertain charges against any director. A director may be represented by counsel upon
any removal hearing. The Board of Directors shall adopt such riles as it may in its discretion
consider necessary for the best interests of the organization, for this hearing.
ARTICLE EIGHT - OFFICERS
The officers of the organization shall be as follows:
President - John W. Dixon
Vice President - David W. Hoyle
Secretary - Linda H. McCown
Treasurer - Linda H, McCown
The president shall preside at all membership meetings, by virtue of the office be chairperson
of the Board of Directors, present at each annual meeting of the organization an annual report of the
work of the organization, appoint all committees, temporary or permanent, see that all books, reports
and certificates as required by law are properly kept or filed, be one of the officers who may sign the
checks or drafts of the organization, and have such powers as may be reasonably construed as
belonging to the chief executive of any organization.
The vice president shall in the event of the absence or inability of the president to exercise
his or her office become acting president of the organization with all the rights, privileges and
powers as if he or she had been the duly elected president.
The secretary shall keep the minutes and records of the organization in appropriate books,
file any certificate required by any statute, federal or state, give and serve all notices to members of
the organization, be the official custodian of the records and seal of the organization, be one of the
officers required to sign the checks and drafts of the organization, present to the membership at any
meetings any communication addressed to the secretary of the organization, submit to the Board of
Directors any communications which shall be addressed to the secretary of the organization, attend -
to all correspondence of the organization and exercise all duties incident to the office of secretary.
The Treasurer shall have the care and custody of all monies belonging to the organization,
be solely responsible for such monies or securities of the organization and be one of the officers who
shall sign checks or drafts of the organization. No special fund may be set aside that shall make it
unnecessary for the Treasurer to sign the checks issued upon it.
The Treasurer shall render at stated periods as the Board of Directors shall determine a
written account of the finances of the organization and such report shall by physically affixed to the
minutes of the Board of Directors of such meeting and shall exercise all duties incident to the Office
of Treasurer.
Officers shall by virtue of their office be members of the Board of Directors.
No officer or director shall for reason of the office be entitled to receive any salary or
compensation, but nothing herein shall be construed to prevent an officer or director for receiving
any compensation from the organization for duties other than as a director or officer.
111IllHill11111I11I�11111�111111111111111�111111 0page: 2811 312 06r O33
C21P

ARTICLE NINE - SALARIES
The Board of Directors shall hire and fix the compensation of any and all employees which
they in their discretion may determine to be necessary in the conduct of the business of the
organization.
ARTICLE TEN - COMMITTEES
All committees of this organization shall be appointed by the Board of Directors and their
term of office shall be for a period of one year, less if sooner terminated by the action of the Board.
The permanent committees shall be:
1. Budget
2. Rules and Regulations
3. Boat Slip
ARTICLE ELEVEN - DUES
$3,588.00
The his organization shall initially be 813 per annum and shall be payable
monthly as �f3f1 on the 1st day of each month. These dues may be modified from time to time
as needs dictate.
*,Vr___
ARTICLE TWELVE - AMENDMENTS
These by-laws may be altered, amended, repealed or added to by an affirmative vote of not
less than a majority of the members or 23.
I ([[{II [[I[I If Il 12illl IIII 4i[I[ II[f[[I III [[Ills[ li II 1018922DO6 33
4:21P

B: 1891 P: 233 Doc6307207 B: 1891 P: 233 Page 1 of 2 3/12/12 2:09 PM
03/12/2012 02:09 PM Receipt 9: 1 -3 02207 mill 1 "A. FOUR 1#1 I`WL AWAR14h Ifll
Doc Code: RDMT
Vanzolla McMurran-Smith, Register of Deeds Dare CD, NC
AMENDMENT
hOtUIS��PJRTO THE BYLAWS
n 1J I �,�j OF
U, Q,� PLASH CREEK CONDOMINIUM HOMEOWNERS ASSOCIATION
Jai �� t�C Zvi
This Amendment to the Bylaws of Slash Creek Condominium Homeowners
Association is adopted this 12'h day of March 2011.
WITNESSETH:
WHEREAS, Slash Creek Condominium Homeowners Association (hereinafter
the "Association") is a North Carolina non-profit corporation formed pursuant to the
North Carolina Non -Profit Corporation Act, G.S. Section 55A-1 et. Seq. (hereinafter the
"Act") and is the association referred to in that certain Declaration of Slash Creek
Condominium (hereinafter the "Declaration") dated December 14, 2005 and recorded on
January 23, 2006 in Book 1670, Page 317 of the Dare County Land Records;
WHEREAS, the Bylaws presently provide that they may be amended by a
majority vote of not less than 23 Members;
WHEREAS, the Bylaws presently provide for a term limit of one year for Board
members;
WHEREAS, the Board of Directors and members believe it to be in the best
interest of the Association to amend the Bylaws to provide for a three year term for Board
members, along with staggered terms in groups of two Members;
WHEREAS, the following Amendment was adopted by the affirmative vote of a
majority of the 31 Members present at the Annual Meeting duly called for such purpose
on the 12`h day of March, 2011.
NOW, THEREFORE, the Bylaws of Slash Creek Condominium Homeowners
Association, are amended as follows:
1. Article Seven, Paragraph two of the Bylaws is amended by striking said
Paragraph in its entirety and substituting therefore the following:
The directors to be chosen for the ensuing year shall be chosen at the annual
meeting of this organization in the same manner and style as the officers of this
organization. Each director shall serve a term of three years. The directors' terms shall
be staggered so that each year, two of the six directors' positions will be up for election.
The two most senior serving directors shall have one year remaining on their terms of
service. The two next most senior serving directors shall have two years remaining on
their terms of service. The two most recently elected directors shall have three years

remaining on their terms of service. Every newly elected director shall serve a term of
three years.
2. This Amendment shall be deemed effective on the date the Amendment is
submitted to and accepted by the Secretary of State of North Carolina.
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly elected and acting
Secretary of the Slash Creek Condominium Homeowners Association, a non-profit
incorporated association organized and existing under the laws of the State of North
Carolina and that the foregoing Amendment to the Bylaws was duly adopted at a meeting
of the membership held on the 12`h day of March, 2011.
IN WITNESS WHEREOF, I have hereunto subscribed my name on the date and
year first above written.
n
Secretary
STATE OF NORTH CAROLINA
COUNTY OF DARE
On this 8 day of March, 2012 personally appeared before me, the said named
Lyle E. Cady, Jr. to me known and known to me to be the person described in and who
executed the foregoing instrument and she acknowledged that she executed the same and
being du1X'aV&9�,421e, made oath that the statements in the foregoing instrument are
true. 5r'
Ky r
%y Get IC
SEAL
My commis'res:
6307207 B: 1891 P: 233 Page 2 of 2 3/12/12 2:09 PM
■III Nr, MKIII&NIA V, N W%Vhth 11111
Notary Public

Filed Book: 1670 Page: 317 Doe Id: 6189296
01/23/2006 04:21PM Receipt B: 1S6853
Doe Code: DECL
BARBARA M GRAY, REGISTER OF DEEDS DARE CO, P1C
Filed Book: 1665 Pape: 276 Doc Id: 6106696
12/14I2ODS 01:36PM Receipt 4: 156638
Doc Code: DECL
BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC
f IQIII[iffll[lillllf�l t[f�flllifllllllUl1IJill it PA90.1 of 33
NORTH CAROLINA Prepared by and Return to:
DARE COUNTY Linda McCown
300 Sir Walter Raleigh Street
Manteo, NC 27954
DECLARATION OF
SLASH CREEK
CONDOMINRJJ 1
Declarant: Slash Creek, LLC, a North Carolina limited liability company
(Hereinafter "Declarant")
Date: December 14, 2005
RECITALS:
1. Slash Creek, LLC is the owner in fee simple of a certain tract of land and all
improvements thereon. Said lands are situated on Hatteras Island, in Kinnakeet
Township, Dare County, North Carolina, and adjoin the development commonly
referred to as Slash Creek Condominium.
2. The lands are described in Exhibit "A" attached hereto and incorporated herein by
reference. By this Declaration, Declarant submits the land and all improvements,
easements, appurtenances, riparian and other incidental rights attaching thereto (all
known as "Submitted Property") and further described in exhibit "A" to the
provisions of Chapter 47C of the General Statutes of North Carolina and
amendments thereto.
3. Chapter 47C is generally known as the North Carolina Condominium Act and by this
Declaration the Declarant creates a condominium ( " Condominium') with respect
to the Submitted Property. A maximum of forty-five (45) Condominium Urdts may
be built on the land that is hereinafter referred to as the Submitted Property (as
hereinafter defined), which is submitted to the North Carolina Condominium Act by
this declaration. Said units may be built and certified as complete in one phase of
development and each Unit shall be assigned and have available a boat slip.
4. The Slash Creek Condominiums shall consist of the Submitted Property as defined
herein, together with a boat slip assigned to each Condominium Unit and shall be
governed by the Slash Creek Condominium Homeowners Association, which shall
be created as the Unit Owners' Association for this Condominium pursuant to the
requirements of the Act. Each Unit Owner shall be a member of the Slash Creek
Condominium Homeowners Association that shall have the duty to ensure and
maintain the overall integrity of the Condominium, and to own, improve, maintain,
repair and replace the walkways, pool, amenities and facilities constituting the
Common Elements of the Condominium.
NOW THEREFORE, Declarant hereby makes this Declaration for the
purposes and subject to all the terms and provisions hereinafter set forth.
This document is being rerecorded for the purpose of correcting typographical
errors in ARTICLE ELEVEN -DUE pursuant to N.C.C.S.5 47-36.1
C S McCo P.A.
B
a H. muovarL/

ARTICLE ONE
DEFINITIONS
1.1 Definitions. Any terms defined in Section 47C-1-103 of the Condominium Act and
found in the Condominium Documents shall have the meanings specified in the Act unless the
context requires otherwise and except to the extent, if any, that such definitions are changed below.
In addition the other terms defined below shall be deemed to have the meanings specified herein
whenever they appear in the Condominium Documents unless the context requires otherwise. These
terms shall maintain the meanings specified in the Act or herein although they may appear in the
lowercase or uppercase print either in whole or party.
a "Act" means the North Carolina Condominium Act, Chapter 47C of
the North Carolina General Statutes, as amended.
b. "Assessment" Means the share of the Common Expenses assessed
periodically against a Condominium Unit and its owner by the
association in the manner provided herein.
C. "Association" means, Slash Creek Condominium Homeowners
Association, a North Carolina non-profit corporation, formed for the
purpose of exercising the powers of the Association under the Act
and the Condominium Documents
d. "Board of Directors" or "board" means the board of directors of the
Association that is the governing body of the Association.
e. "Boat Slip" means the slip assigned by the Association to each
Condominium Unit.
f. `Bylaws" means the bylaws of the Association, amended from time
to time, a copy of the initial bylaws being attached hereto as Exhibit
"B" and having attached thereto the Articles of Incorporation as
Exhibit "B I ".
g. "Common Elements" mean all portions of the Condominium other
than the units, including the boat slips, docks and walkways.
h. "Common Expenses" means all sums lawfully assessed against the
Unit or Unit Owners by the Association for the following: expenses
of administration, maintenance, repair orreplacement of the common
Elements (including Limited Common Elements); expenses agreed
upon as Common Expenses by the Association; expenses declared
Common Expenses by the provisions of the Act, this Declaration or
the Bylaws; and, insurance premiums.
i. "Condominium" means the Submitted Property submitted to the
provisions of the Act by the Condominium Documents.
j. "Condominium Documents" mean this Declaration, the Bylaws, the
Act, the Plat and the Plans, including any and all exhibits, schedules,
notes appended thereto, certifications and amendments thereof, as
may exist from time to time, and recorded pursuant to the Act.
k. "Condominium Unit" means a unit together with the undivided
interest in the Common Elements appertaining to that Unit.
1. "Declarant" means Slash Creek, LLC, which is the fee simple owner
of the submitted property and has executed this Declaration.
M. "Declaration" means this declaration as amended from time to time.
6289296
II[IlllllflllltllillflllfllNIII UIl1111fINlll�(lit.0i9.3,0 04G2,,

n. "Director" means a member of the Board of Directors.
o. "First Mortgagee" means the holder of a first -in -priority Mortgage.
P. "Foreclosure" includes without limitation, the judicial foreclosure of
a mortgage or the exercise of a power of sale contained in any
Mortgage or the foreclosure of an assessment lien against a Unit
Owner.
q. "Institutional Mortgagee" means one or more commercial or savings
banks, savings and loan associations, trust companies, credit unions,
industrial loan associations, insurance companies, pension funds, or
business trusts including, but not limited to, real estate investment
trusts, any other lender regularly engaged in financing the purchase,
construction, or improvements of real estate, or any assignee of loans
made by such a lender or any combination of any of the foregoing
entities.
r. "Lease" means any lease, contract, tenancy, sublease, rental contract
or other occupancy agreement whether oral or written.
S. "Limited Common Elements" means a portion of the Common
Elements reserved for the exclusive use of one or more, but less than
all, of the Units.
t. "Majority" means more than fifty percent (50%) in any context unless
a different percentage is expressly required.
U. "Mortgage" means a mortgage, deed to secure a debt, deed of trust,
security agreement or other instrument conveying a lien upon or
security interest to a Condominium Unit as security for indebtedness
or for the performance of an obligation.
V. "Mortgagee" means the holder, guarantor, insurer of a Mortgage or
a beneficiary under a Deed of Trust.
W. "Occupant" means any person, including, without limitation, any
guest, invitee, tenant, lessee or family member of an Owner
occupying or otherwise using or visiting at or in a unit.
X. "Officer" means an officer of the Association.
y. "Owner' has the same meaning asUnit Owner or Unit Owner.
Z. "Plans" mean the plans for the Condominium which were certified
and filed for record contemporaneously with this Declaration and
recorded in Unit Ownership File—, Slides-IftQ_ throughL+�,
inclusive, Dare County Registry, as amended and certified from time
to time.
aa. "Plat" means the plat of survey for the Condominium which wele
-- - - certified and recorded in Unit Ownership File � , Slides -
through, inclusive, Dare County Registry, as amended and
certified from time to time.
bb. "Record" or "file for record" means filing for record in the Office of
the Register of Deeds Of Dare County, North Carolina.
IlUffl[IlAlll�llltll�(fllllllilflft[Illll�ffdl�ll�d�� Pa892 04:21P

cc. "Schedule of Unit Information" means the schedule attached hereto
as Exhibit "C", which schedule shows for each Condominium Unit
its Unit Designation or Identifying Number, dimensions, undivided
interest in the Common Elements, number of Votes in the
Association, and share of liability for common Expenses.
dd. "Size" means the square footage in feet of a Unit as determined by
reference to the Plat and Plans and rounded to the nearest whole
number.
ee. "Storage Unit" means the storage shed on the ground floor assigned
to each Condominium Unit.
ff. "Submitted Property" means the property lawfully submitted to the
provisions of the Act and the Condominium Documents from time to
time by the recordation of Condominium Documents in accordance
with the Act The Submitted Property is the land described Exhibit
"A" and shown on the Plat together with all improvements thereon
and all rights and easements appurtenant thereto.
gg. "Unit' means a portion of the Condominium intended for
independent ownership and use, as more fully set forth and shown in
the Condominium Documents and the Act.
hh. "Unit Designation" means one or more numbers or letter or
combination thereof that identify each Unit, as set forth in the
Schedule of Unit Information, and as shown on the Plat and Plans.
ii. "Unit Owner" or "Unit Owner" has the same meaning as Owner and
means one or more persons, including the Declarant, who own a
Condominimn Unit. This term does not include a Mortgagee in its
capacity as such, but shall include any person, firm, corporation or
entity capable of holding title to real estate in North caroling.
J. "Unsold" shall mean not yet having been conveyed.
kk. "Vote" means the vote in the Association appertaining to each
Condominium Unit.
11. "Build" or "Built" shall also be deemed to mean "convert" or
"converted".
ARTICLE TWO
CREATION OF THE CONDOMINIUM
2.1 Submission to the Act. Declarant hereby submits the Submitted Property to the
Act. The Submitted Property and every interest therein shall, after the recording of this Declaration,
be owned, held, transferred, sold, conveyed, used, leased, occupied, mortgaged and deeded in trust
subject to the Act and the Condominium Instruments. Every person acquiring or having any interest
in the Submitted Property, by acceptance of a deed or other instrument of any kind, whether or not
such deed or other instrument is signed by such person or otherwise agreed to in writing shall take
-- such interest subject to the Act and to the Condominium Instruments and shall be deemed -to have _ . _ -
agreed to the same.
2.2 Name, The name of the Condominium is "Slash Creek Condominium"
2.3 Governing Provisions. The Condominium, the Association and each Unit Owner
shall be governed by the Act, the Condominium Documents and any rules and regulations adopted
by the Association pursuant to the Condominium Documents.
1111111 I II' l 111 l I1II IN 11111 111111I III I1III Ell I11I6189296
3,2W8 33
21P

ARTICLE. THREE
DESCRIPTION OF THE CONDOMINIUM
3.1 Submitted Pronertv. The Submitted Property is described on Exhibit "A" and
shown on the Plat, and includes all improvements thereon. The improvements include forty-five
(45) Units, a pool, walkways, docks, and a waste water treatment plant.
3.2 Condominium Units. The Condominium presently contains forty-five (45)
Condominium Units. The Identifying Numbers for the development are set out on the Schedule of
Unit Information on Exhibit "C" and are shown on the Plat and Plans. Each Condominium Unit
consists of the Unit together with its undivided interest in the Common Elements. The Schedule of
Unit Information sets forth for each Condominium Unit its Identifying Number, square footage of
heated area, and undivided interest in the Common Elements, Votes in the Association and share of
the liability for Common Expenses, The allocation of undivided interests in the Common Elements
and of the Common Expenses is based on 100 divided by the number of units (i.e.,100/45 or
2.22222%). The votes in the Association are equally allocated to all Units. Each CondominiumUnit
shall constitute for all purposes a separate parcel of real property that may be owned in fee simple
and which, subject to the provisions of the Act and the Condominium Instruments, maybe conveyed
and encumbered. The undivided interest in the Common Elements for each Condominium Unit shall
not be altered except as expressly provided by the Act and this Declaration. Such undivided interest
shall not be separated from the Unit to which it appertains and is deemed to be conveyed or
encumbered with the Unit even though such interest is not expressly mentioned or described in the
conveyance or other instrument. Each Unit Owner shall automatically be a member of the
Association which membership shall continue during the period of ownership of the Condominium
Unit by such Unit Owner.
3.3 Unit Boundaries. Each Unit shall include all the space within the boundaries
thereof as shown on the Plat and Plans. The perimeter or vertical boundaries of each Unit are the
Vertical planes of the interior surfaces of the wood, concrete or metal framing of the walls of the
unit, whether such walls are exterior walls or walls separating the Unit boundaries include the
sheetrock/drywall on the Unit side of the walls, with the framing being a part of the Common
Elements, and they are extended to their intersection with each others and the upper and lower
horizontal boundaries of the Unit The lower horizontal boundary of each Unit is the lower surface
of the ceiling joists of the Unit, with such sub -floor and framing being a part of the Common
Elements. The upper and lower boundaries of each Unit include the wood, dry -wall, plaster or other
material forming the ceiling or floor, as may be applicable, on the Unit side of such sub -floor or
framing as the case may be and extend to their intersection with the perimetrical boundaries of the
Units. Window screens and all fixtures, equipment and appliances located within the boundaries of
each Unit, including without limitation, portions of the heating and air-conditioning system and the
hot water heater are deemed to be a part of each Unit. if any Chutes, conduits, wires, pipes or any
other apparatus lies partially within or partially outside of the designated boundaries of each Unit,
any portions thereof which serve only that Unit shall be deemed a Limited Common Element of that
Unit, while any portions thereof which server more than one Unit or any portion of the Common
Elements shall be deemed apart of the Common Elements. Further, any fan coil unit mounted above
the ceiling of aUnit and the air-conditions/heating unit located outside the Unit but serving that Unit
only shall be deemed to be part of that Unit. In interpreting the Plans, the existing physical
boundaries of a Unit as originally constructed or a Unit reconstructed in substantial accordance with
the original Plans thereof shall be conclusively presumed to be its boundaries rather than the metes
and bounds expressed in any Plat or Plans, regardless of settling or lateral movement of the building
and regardless of minor variance between the boundaries shown on the Plans or in a deed and those
variances between the boundaries shown on the Plans or in a deed and those of the Unit. If an
Owtter acquires.an.adjoining Unit, thereby becoming the common Owner of adjoining Units, such -
Owner shall have the right (subject to the prior written approval of the Mortgagees of the Units
involved and any other approvals necessary as outlined in any Condominium Documents) to remove
all or any part of any intervening walls notwithstanding the fact that such partition may, on whole
or in part, be party of the Common Elements, so long as no portion of any other Common Elements,
serving any other part of the Condominium, is damaged, destroyed, or endangered. The alterations
permitted by the preceding sentence shall not be deemed an alteration or relocation of boundaries
between adjoining Units, nor an alteration of the allocated interest in the Common Elements, Vote
assigned to each Unit, share of liability for Common Expense Assessments or other appurtenant
1l111111u11 lull �IIII III lllll111111111111111 IIII 1111 9220 s Qa:21P

rights or interests as such appears on the Schedule of Unit Information attached hereto as Exhibit
"C„
3.4 Common Elements. The Common Elements consist of all portions of the
Condominium other that Units, Certain portions of the Common Elements are Limited Common
Elements, as set out in Section 3.5. the Association and the Unit Owners agree that said Common
Elements shall not be subject to partition or division except as follows:
3.4.1 Notwithstanding any provisions herein to the contrary, it is expressly provided
that the Declarant may convey to the Association any portion of the Common Elements provided that
all conveyances are approved in accordance with Section 47C-3-112 of the Act, any other applicable
statute and this Declaration. Upon such conveyance, the area thus conveyed to the Declarant shall
cease to be a portion of the common Elements and shall cease to be subject to the provisions of these
covenants relating to the Common Elements, but the area thus conveyed to the Association shall
become Common Elements and subject to the provisions of this Declaration relating to the Common
elements.
3.5 Limited Common Elements. The Limited Common Elements are those portions
of the Common Elements which are reserved for the exclusive use of those persons who are entitled
to the use of one ormore, but less than all, of the Units. Limited Common Elements are not separate
and apart from the Common Elements in general, but are limited only with respect to the exclusive
use thereof by the Units to which they are assigned. Limited Common Elements are assigned as
follows and not otherwise:
3.5.1 The steps, walkways, utility posts, meter boxes, electrical boxes, cable
television and telephone lines, power outlets and water faucets or spigots for hose connections,
wires, pipes and conduits which serve a Unit and which are appurtenant to each Unit shall be
Limited Common Elements assigned to the Units having direct access thereto or direct use thereof.
If such are assigned to the Units having direct access thereto or direct use thereof. If such are
assigned to serve one or more, but less than all, of the Units, then it shall be a Limited Common
Element appurtenant to the Units so served.
3.5.2 The Board of Directors of the Association shall have the ultimate power and
responsibility for determining whether Limited Common Areas in need of repair are to be the
obligation of the entire Association or the obligation of the Owners of the Units that those Limited
Common Elements serve. The Board may, by majority vote, determine the amount and levy any
special Assessments for repairs of Limited Common Elements consistent with its determination
pursuant to this paragraph.
3.6 Develolment Rights. The Declarant has planned for forty-five (45) Condominium
Units to be constructed on the Submitted Property and submitted to the Act. Each Condominium
Unit shall also be assigned a storage unit on the ground floor or each building. Each Condominium_
Unit shall be assigned a boat slip, Reference is hereby made to the Plat and Plans made a part
hereof, which Plat and Plans will show the location, size, and dimensions of the entire Condominium
once completed. Provided, however, the location of the storage units and the boat slips shall be
assigned by the Association. The development rights herein reserved may be exercised with respect
to different portions of the property submitted herein at different times. No assurances are made as
to the boundaries of those portions or the order in which those portions may be subjected to the
- - - exercise of each development right. No assurances are given that if a development right is exercised with regard to one portion of the Submitted Property subject to development rights, that development
rights will be exercised in all or in any other portion of the remainder of the Submitted Property.
The Declarant hereby reserves for its benefit, its agents, lessees, employees,
successors, and assigns any and all easements and accesses necessary over and through the
Submitted Property.
3.7 General Condominium and Association Information.
3.7.1 All Owners, as members of the association, shall have the right to vote on
Association matters in accordance with the votes allotted to units owned by that member. The Slash
Creek Condominium Homeowners Association shall have the right and duty to maintain and
1111111111111111111111111111111111111111111111111111111 p18g22606 06:21P

improve the decks, walkways, docks, pool, vending & ice areas, office, storage and housekeeping
spaces and other improvements constituting the Common Elements of the Condominium and to
charge the Owners for their proportionate share of the costs of such maintenance and improvements.
Among these costs shall be all amount due the association or Slash Creek Condominium
Homeowners Association for usage fees of the wastewater capacity and treatment system and to
maintain and repair the treatment system.
3.7.2 In the event the declarant shall at any time provide any services for portable
water, sewer, garbage and trash pickup, and street, sidewalk and street lighting maintenance to this
Condominium, the Declarant is hereby given and granted the right, at its sole option, to assign and
transfer its duties and obligations of providing such services to the Slash Creek Condominium
Homeowners Association along with all right, title, or interest to any service facilities the Declarant
may have.
The Condominium shall be supplied portable water by Dare County and Owners shall
be billed direct by the County.
3.7.3 Trash and garbage collection and pickup are currently provided by Dare
County. Owners must transport their trash and garbage to a dumster or other approved container
which will then be emptied by Dare county. In the event "door-to-door" pickup is provided to
individual Owners, any such "door-to-door" pickup will be provided by the Association or Dare
County and not by Declarant, unless otherwise agreed.
3.7.4 The Slash Creek Condominium Homeowners Association accepts the
responsibility to provide installation and maintenance of exterior lightning for the Condominium.
Tire Declarant or the Slash Creek Condominium Homeowners Association shall
arrange for electrical services to the Condominium. Utility charges shall be apportioned to the Unit
Owners through regular dues and assessments. Portions of the Condominium other than Units may
be supplied water and electrical services for the use and benefit of all Owners. The Association shall
have the right and duty to charge the Owners for such water and electrical services as a Common
Expense of the Association.
3.8 Bylaws of the Slash Creek Condominium Homeowners Association. The Slash
Creek Condominiums shall be governed by the Declaration and the Bylaws of the Association
attached hereto as Exhibit `B" and incorporated herein by reference. In the event of a conflict or
inconsistency between the terms and provisions of the said Bylaws and this Declaration, the terms
and provisions of this Declaration shall prevail.
ARTICLE FOUR
EASEMENTS
In addition to the easements created by the Act, the easements described in the Article from
each Owner to each other Owner, to the Association, and to the Declarant and hereby granted,
reserved and established, subject to and in accordance with the following terms and conditions:
4.1 Use and Eniovment. Every Owner shall have a right and easement of use and
enjoyment in and to the Common Elements (including the right to access, ingress and egress to and
from his Unit over those portions of the Common Elements designated for such purposes), and such .- .
easement shall be appurtenant to and shall pass with the title to every Condominium Unit, subject
to the following provisions and limitations:
4.1.1 The right of the Association to control the use and enjoyment thereof as
provided by the terms of this Declaration, which shall include, but not be limited to, the right of the
Association to limit the use and enjoyment thereof to the Owners and their respective Occupants,
as well as to provide for the exclusive use and enjoyment of specific portions thereof at certain
designated times by an Owner and his Occupants.
4.1.2 The right of the Association to limit the number of guests of Owners who
occupy or use the Unit at one time.
l lellll i�l�� 11111111111 IM 11111111111111111111 IN 1111 pay 922006 N4 21P

4.1.3 The right of Owners to the exclusive use of the Limited Common Elements
appurtenant to their respective Units.
4.1.4 The right of the Association to suspend the (1) Vote and (2) right to use any
facilities of the Condominium by the Owner and his Occupants and Common Areas appurtenant
thereto for any period of time during which an Assessment against his Unit remains unpaid or, for
a reasonable time, for infractions of any provisions of the Condominium Documents or rules and
regulations duly promulgated by the Association.
4.1.5 The right of Association to levy a fine of $50.00 for violation of these
covenants and condition if said violation has not been cured within 30 days of notification of the
violation.
4.2 Structural Support. Every portion of a Unit or the Common Elements that
contributes to the Structural support of another Unit or the Common Elements shall be burdened
with an easement of structural support. No Owner shall be permitted to demolish his Unit except
to the extent that such demolition may be required to repair or rebuild the Unit when the same has
been partially or totally destroyed.
4.3 Utilities. To the extent that any utility line, pipe, wire or conduit serving any Unit,
Units or the Common Elements shall lie wholly or partially within the boundaries of another Unit
or the Common Elements, such other Unit or the Common Elements shall be burdened with an
easement to be in favor of the Unit or Common Elements served by the same and the Association.
4.3.1 Declarant reserves the right to subject the real property described herein
above to contract with a public utility for the installation of underground electric cables and the
installation of lighting, either or both ofwhich may require continuous monthly charges to the owner
of each Unit. Upon acceptance of a deed to a Unit, each Owner agrees to pay to the public utility,
the Declarant or the Association as allowed and in accordance with applicable North Carolina law,
the continuing monthly or other periodic payment thereof. Declarant reserves the right to contract
on behalf of each Owner with a public utility for street lighting and related services. Upon
acceptance of a deed to a Unit, each owner agrees to pay to the public utility, the Declarant or the
Association as allowed and in accordance with applicable North Carolina law, the continuing
monthly payment thereof.
4.3.2 Declarant for itself and for any successors or assigns, further reserves the
right to connect to each Unit water and sewer service which may require a continuance monthly
charges to the Owner of the Unit. Said charges may be billed through common dues and
assessments. Upon acceptance of a deed to the Unit each Owner agrees to pay any such dues and
assessments.
4.3.3 An easement is hereby reserved for the benefit to Dare County which may
provide utility services, over all Common Elements and Limited Common Elements hereby or
hereafter established for the setting, removal, and reading of water meters, the maintenance and
replacement of water, sewer and drainage facilities and the collection of garbage.
4.3.4 An Easement is hereby reserved for the benefit of the Declarant for the
construction, use, maintenance, repair and replacement of the wastewater system affecting the
- - - - Condominium. Upon acceptance of a deed to a Unit, each owner agrees to pay the Declarant or the
Association, as applicable, all fees and assessments provided as may he imposed by the Association
for wastewater matters as set forth above.
4.4 Encroachments. If any portion of the Common Elements encroaches upon any
Unit, or if any Unit encroaches upon any other Unit or upon any portion of the Common Elements,
as a result of the construction, reconstruction, repair, renovation, restoration, shifting, settlement, or
movement of any portion of the Condominium, an easement for the encroachment and for the
maintenance, repair and replacement thereof shall exist so long as the encroachment exists. In the
event that any Unit, or o fany adj oining Uni t, or any adjoining portion of the Common Elements shall
be partially or totally damaged or destroyed as a result of fire or other casualty or as a result of
condemnation or eminent domain proceedings, and then be repaired or rec onstruction, encroachment
of portions of the Common Elements, due such repair or reconstruction, shall be permitted, and
CIIfCCINCIICIC�CCCIIIII�CIIC[CICCIIfICCCI1118I�CIt� I6289296
©og0Bof 33
04:21P

easements for such encroachments and the maintenance, repair and replacement thereof shall exist.
This easement is intended to deprive another Owner or the Association of a substantial property right
or use.
4.5 Maintenance. There shall bean easement in favor of the Declarant, the Association
and the Owners through the Units and the Common Elements as may be reasonable necessary for
the installation, maintenance, repair and replacement of Units and the Common Elements. Use of
this easement shall be only upon prior notice during normal business hours, except that access may
be had at any time in case of emergency.
4.6 Riehts of Association, There shall be a general easement to the Association, its
Directors, Officers, contractors, agents and employees (including, but not limited to any manager
employed by the Association) to enter upon the Submitted Property or any portion thereof and to
enter or gain access through the Units and the Common Elements as may be reasonable necessary
for the installation, maintenance and operation of the Condominium and for theperformance of their
respective contractors, agents, representatives and employees, such work and to exercise and
discharge their respective powers and responsibilities. Except in the event of emergencies, however,
such easements are to be exercised only during normal business hours and upon advance notice to
and with the permission of the Owner or Occupant of a Unit directly affected thereby. The
Association shall have thepowerto grant and accept permits, licenses and easements on, over, across
and through the Common Elements for the installation, maintenance, repair and replacement of
utilities, walkways and for other purposes reasonable necessary or useful for the proper maintenance
or operation of the Condominium.
4.7 Rights ofDeclarant. So long as Declarant owns any Unit primarily for the purpose
of sale as contemplated herein, Declarant and it duly authorized contractors, representatives, agents,
and employees shall have a transferrable easement for the maintenance of signs and promotional
facilities on the Submitted Property. The Declarant may use any unsold Unit as a model. The size
and location of the Units are shown on the Plat and Plans. During the period that Declarant owns
any Condominium Unit, Declarant, its duly authorized contractors, representatives, agents, and
employees, shall have a transferable easement on, over, through, under, and across the Common
Elements for the purpose of making improvements on the Submitted Property and for the purpose
of doing all things reasonably necessary and proper in connection therewith.
4.8 Easements There is hereby created a blanket easement upon, across, over, and
under all of the Submitted Property subjects to this Declaration for ingress and egress, installation,
replacing, repairing and maintaining all utilities, including, but not limited to water, sewer, gas,
drainage, telephones, cable television and electricity. This blanket easement is expressly in favor
of, but not limited to, the Declatrant and Slash Creek, it's directors, officers, or agents. By virtue
of the easement, it shall be expressly permissible for the electrical and/or telephone company
providing service to erect and maintain underground and other equipment on said property, and to
affix and maintain electrical and -or telephone wires, circuits, and conduits on, above, across and
under the common elements. Ali easement is further granted to all law enforcement, fire protection
personnel, garbage collectors, ambulance, rescue personnel and like persons to enter upon walkways,
common porches and Common Elements in the performance of their duties. Further, an easement
is hereby granted to the Association, its officers, agents, employees, and to any management
company selected by the Association to enter in or to cross over the Common Elements provided for
herein. Notwithstanding anything to the contrary contained in the paragraph, no sewer, electrical
lines, water lines, or other utilities may be installed or relocated on said property except as initially
approved by the Declarant or thereafter approved by the Declarant or the Association Board of
Directors. Should any utility furnishing a service covered by the general easement herein provided
request a specific easement by separate recordable document(s), Declarant or the Association shall
have the right and authority to grant such easement. The Easement provided for in this Section shall
in no way abrogate other recorded easements on said premises.
Easements are hereby reserved over and through the Submitted Property for the use,
benefit and enjoyment of the Declarant, its agents, employees, and assigns for the installation and
maintenance of walkways, roads, streets and parking areas, if any, and for cable television services,
sewage utility services, and such other reasonable services that the Declarant may, in its sole
discretion, provide the Condominium. Easements are hereby granted over and through the Submitted
Property for the use, benefit and enjoyment of Slash Creek Condominium Homeowners Association,
II[II1 IN 1111111181111 IN IlII IN 011 92 2006 04:21P

it's agents, employees, successors, and assigns forthe installation and maintenance of any walkways,
roads, streets, parking areas, if any, and such other properties or improvements in and adjacent to the
Submitted Property owned byor entrusted to Slash Creek Condominium Homeowners Association.
Said easement in favor ofthe Slash Creek Condominium Homeowners Association shall include the
rights of success, ingress and egress to fulfill it's obligations under the Bylaws of said Association
and all applicable Declarations and to enforce said Bylaws hereby granted to Dare County over and
through the Submitted Property and are reasonable necessary for the fulfilling of its obligations and
purposes as a governmental body and for the providing of its services and utilities to the
Condominium. Any easements and accesses herein granted or reserved by this and the preceding
paragraph shall not obligate the person, corporation, municipality or other entity in whose favor the
easement has been granted or reserved to provide the services or improvements for which the
easements has been granted or reserved to provide the services or improvements for which the
easements have been created, unless, in each instance, they are otherwise obligated to provide such
service or improvement.
4.8.1 The following additional easements are granted:
a. North Carolina Department of Transportation for the right of way
of ITC 12 and is shown in Plat Cabinet D, Slide 117, Dare County Registry.
b. Utility easements for existing utilities (the same are not recorded
easements) and as may arise by implication;
e. Cape Hatteras Electric Membership Corporation recorded in Book
Page , Dare County Registry; and
d. Easements in favor of Slash Creek Condominium Homeowners
Association for maintenance, repair and replacement of the wood walks and decks leading to and
from the Condominium and the boat slips.
e. Easements in favor of Slash Creek Condominium Homeowners
Association, relative to vehicular and pedestrian access over and across certain areas of the
Condominium.
4.8.2 Each owner accepts the access "as is" and for itself, its agents, assigns,
successors and guests, does forever hold harmless and indemnify the Declarant and Association from
any and all loss or damage which Owner, its agents, assigns, successors, and guest may suffer as a
result of personal injury, monetary liability, claims, demands, costs or judgements against it arising
out of, in whole or part, any alleged inadequately or vehicular and pedestrian access in and around
the Condominium development.
ARTICLE FIVE
MAINTENANCE AND REPAIR
5.1 Association The Association shall maintain, repair and replace all portions of the
Common Elements, except as may be herein otherwise specifically provided. This responsibility
shall also include all Limited Common Elements appurtenant to the Units. No diminution or
abatement of Assessments shall be claimed or allowed by reason of any alleged failure of the
Association to take some action or perform some function required to be taken or performed by the
Association under the Act or this Declaration, or for inconvenience or discomfort arising from the
making or repairs or improvements which are the responsibility of the Association, or from any
action taken by the Association to comply with any law, ordinance, order or directive of any
municipal or government authority_
5.2 Owner. Each Owner shall maintain, repair and replace all portions of his Unit,
except those portions, if any, which are to be maintained, repaired or replaced by the Association.
The Owner shall maintain, repair and replace all fixtures, equipment and appliances installed in his
Unit or located within the boundaries of such Owner's Unit or deemed to be a part thereof as
provided herein. Each Owner shall perform his responsibilities in such a manner so as not to
unreasonably disturb other persons in other Units. Each Owner shall promptly report to the
Association or its agent any defector need for repairs for which the Association is responsible. The
Association shall have the right, but not the obligation, to make any repair or replacement or to do
II�IIIIllflIlI�III1[I1IN11111IIIII{IIII1[I1III1IIN oae926em 04:2iP

any cleaning or maintenance which is the responsibility of the Owner if the Owner fails or refuses
to do so, and in such event the Owner shall be obligated to pay for the cost incurred by the
Association for such work. The Board of Directors shall have the sole right by majority vote to
determine when any such repairs or replacements are made. The sums spent by the Association
pursuant to this authority shall be conclusive upon the Owner(s) to be assessed. Each Owner shall
be obligated to pay the cost of repairing, replacing, or cleaning any item which, although the
responsibility of the Association, is necessitated by reason of the willful or negligent act of such
Owner or any of his Occupants. The cost of any such repair, replacement, maintenance or cleaning
shall be added to and shall constitute a lien against the Unit like manner as other Assessments.
Each Owner Shall:
(i) Keep the Unit and its appurtenant Limited Common Elements in a clean,
orderly and safe condition and appearance at the Owner's expense; and
(ii) Not paint or otherwise alter the appearance ofa Unit's Limited Common
Elements without the Association's prior written consent.
ARTICLE Sl
ASSESSMENTS
6.1 LignEach Owner covenants and agrees to pay to the Association all Assessments
(general and special Limited Common Element Assessments, or any other Assessments properly
levied by the Association) provided by the Act and this Declaration which shall be fixed, established
and collected from time to time as hereinafter provided. The formula for allotting percentage
liability for Common Expenses and Assessments assigned to each Unit, as such are set forth in the
Schedule of Unit Information and in Section 3.therein. All Assessments and other charges provided
by this Declaration, together with interest thereon and costs of collection thereof as hereinafter
provided, shall a charge against and continuing on his Unit while is the Owner.
Any Unit shall be conveyed subject to a lien for any unpaid Assessments
subject to the provisions of Section 47C-3-116 of the Act and Section 6.7 (Deed in Lieu of
Foreclosure) hereof. No Owner maywaive or otherwise escape liability for Assessments by non-use
of the Common Elements or abandonment of his Unit. Notwithstanding any other provision
contained in this Declaration, the Declarant may choose to be responsible for al I Common Expenses
until the end of the period of Declarant control or until the Slash Creek Condominium Homeowners
Association makes common Expense Assessments, at which time the Declarant will be bound to
contribute to common expenses for Units which remain unsold.
6.2 General Annual Assessments. The amount of all Common Elements not specially
assessed against one or more, but less than all undistributed and unreserved excess of assessments
-
- and other income over expenditures; shall be assessed against the Condominium Units in accordance - -
with the Schedule of Unit Information. The general annual Assessment shall be established by the
Board of Directors in the manner set forth in this Section. During that portion of the Associations
initial fiscal year, the annual Assessment applicable to each Condominium Unit shall be as set forth
in the estimated budget for the condominium delivered to each purchaser of a Condominium Unit.
At least (30) days prior to the annual meeting of the Association, The Board of Directors shall
prepare and submit in writing to the Owners an estimated budget of the Common Expenses for the
next succeeding fiscal year to be paid by assessments collected from the Owners, together with the
amount of the annual Assessment payable by each owner during such fiscal year. If the estimated
budget proves inadequate for any reason at any time during the year, then the Board of Directors may
levy at any time a further Assessment against the Owners and notify the Owners accordingly. If for
any reason an annual budget is not made by the Board, a payment in the amount required by the last
prior Assessment shall be due upon each Assessment due date until changed by a new Assessment.
Common Expenses of the Association to be paid through annual Assessments shall include, but shall
not necessarilybe limited to, the following Sections 6.2.1 through 6.2.9, inclusive and the due dates
of any such special Assessments shall be specified by Board of Directors.
6.2.1 Management fees and expenses of administration, including management,
legal and accounting fees.
111111 ilk 11111 ll�� I11111IM 1111 0a$� 00Q W 33
2tP

6.2.2 Utility charges for utilities, serving the Common Elements and charges for
other common services including electricity, water, cable televisions, and telephone service.
6.2.3 The cost of any master or blanket policies of insurance purchased for the
benefit of all Owners and the Association, if any, including fire and other hazard coverage, public
liability coverage, and such other insurance coverage as the Board of Directors determines to be in
the interest of the Association and the Owners.
6.2.4 The expense and maintenance, operation and repair of the Common
Elements as well as any maintenance upon the Units which is the responsibility of the Association
under the provisions of article five, if such expense is not covered by a special Assessment.
6.2.5 Charges for any utilities provided to the Units and not separately metered,
which shall be a Common Expense of the Association.
6.2.6 Such other expenses as may be determined from time to time by the Board
of Directors to be Common Expenses, including, without limitation. Taxes and governmental
charges not separately assessed against each Condominium Unit, otherthan ad valoremreal property
taxes.
6.2.7 The establishment and maintenance of an adequate reserve fund or funds for
the periodic maintenance, repair and replacement of those Common Elements (including Limited
Common Elements)which the Association may be obligated to maintain and of a reserve to cover
operation contingencies or deficiencies arising from unpaid Assessments or liens, emergency
expenditures and other matters, as may be authorized from time to time by the Board of Directors.
A working capital fund shall be established for the initial months of the operation of the
Condominium equal to $1,500.00 per Unit that shall be paid to Slash Creek Condominium
Homeowners Association by a purchaser upon conveyance of any Unit. The purpose of such
working capital fund shall be enable Declarant to pay the expenses and makes provisions for their
payment through Common Expense Assessments. Amounts paid into such fund shall not be
considered as advance payment of the annual Assessment.
6.2.8 Expenses declared Common Expenses by the provisions of the Act.
The general annual Assessment for Common Expenses described above shall
be paid by and collected from the Owners in accordance with their respective liabilities for
Assessments. Each Owner shall be obligated to pay such Assessments to the Association in monthly
installments on or before the first day of every month (unless the Declarant or the Association
determine a differing instalment period). In any year in which there is an excess of Assessments and
other income over expenditures, the Board of Directors, by resolution and without the necessity of
a Vote of the Owners, shall determine either to apply such excess or any portion thereof against and
- - - - reduce the subsequent year's Assessments or to allocate the same to one or more reserve accounts --
of the Association described above. Any of the foregoing provisions of this paragraph which may
be construed to the contrary notwithstanding, no assessment shall be payable under this paragraph
by any owner until this Declarant is recorded. The first assessment payable under this paragraph
shall be prorated according to the number of days remaining in the Association's billing cycle after
the date on which this Declaration is filed for record.
6.3 Special Assessments of Association. Any Common Expenses occasioned by the
conduct of less than all Owners or their Occupants may be specially assessed by the Board against
the Condominium Unit or Units, tine conduct of any Owner or occupant of which occasioned any
such Common Expenses. Notwithstanding anything to the contrary set forth herein, except as
provided in Section 5 (Owner Maintenance and Repair), there shall be no Assessments against any
particular Condominium Unit for any Limited Common Expenses association with the maintenance,
repair, restoration, renovation or replacement of any Limited Common Elements; rather, such
expenses shall be Common Expenses. The special allocation of assessments provided for in this
paragraph shall be levied by the Board of Directors in its reasonable judgement, and the amount and
due dates of such Assessments so specially allocated by the Board shall be as specified by the Board.
A person serving as a director or officer of the Association shall be immune individually from civil
liability for monetary damages as provided for N.C.G.S. 55A-8-60, as amended from time to time.
I{ 'IjIIII ��j{ II �`('II I11 11Il 6189296
01"/23V 2nar� 6U 1 36P

6.4 ,Special Assessments for Capital Improvements. In addition to the special and
general Assessments authorized above, and in addition to the Special Assessments for reconstruction
or repair of casualty damage, the Board of Directors may levy Special Assessments for the purpose
of defraying, in whole or in part of the cost of any capital addition to or capital improvement of the
Common Elements (including the necessary fixtures and personal property related thereto), or for
the cost of repair or replacement of a portion of the Common Elements (including the necessary
fixtures and personal property related thereto), which is for the benefit of all Owners; provided,
however, the total amount of the special Assessment levied by the Board of Directors under and
pursuant to the provisions of this Section shall not exceed the sum of $1,500.00 per Condominium
Unit in any one calendar year unless approved by a Majority of the Owners at a meeting duly called
and held for such purpose. Owners shall be assessed for special Assessments under this Section in
accordance with the liability for Assessments of their respective Condominium Units, and the Board
of Directors shall specify the due date of any such special Assessments.
6.5 Non -Payment of Assessments. Remedies of Association. Any Assessment or
portion thereof, not paid when due shall be delinquent, and the Board ofDirectors shall have the duty
to enforce the collection of all delinquent Assessments. Any Assessment, or portion thereof, not
paid within thirty (30) days after the due date shall constitute a lien on such Owner's Condominium
Unit when filed of record in the Office of the Clerk of Superior Court, Dare County, in the manner
provided for fling statutory liens against real property. If the same is not paid within thirty (30) days
after the due date, then a late charge, not in excess of the greater of Fifteen Dollars ($15.00) or
eighteen percent (18%) of the amount of each Assessment or installment thereof not paid when due,
shall also be due and payable to the Association. If any Assessment orportion thereof is delinquent
for a period of more than thirty (30) days, and then is not paid within ten (10) days after written
notice is given to the Owner to make such payment, the entire unpaid balance of the assessment for
the year in question may be accelerated at the option of the Board of Directors and be declared due
and payable in full, and proceedings maybe instituted to enforce such obligation and or lien. Such
notice shall be sent by U.S. mail, postage prepaid, to the Owner at the address the Owner may have
designated to the Association in writing, specifying the amount of the Assessments then due and
payable, together with authorized late charges, not paid when due shall bear interest from the date
of delinquency until paid at eighteen percent (18%) per annum. The Board of Directors may suspend
the Vote of the Owner or the rights of the Owner and his Occupants, invitees and guests, to use the
recreational facilities of the Condominium during the period in which any Assessment or portion
thereof remains unpaid and after at least ten(10) days written notice is given to the Owner as
aforesaid and the Association may bring an action at law against the Owner obligated to pay the
same or foreclose its lien against such Owner's Condominium Unit, in which event late charges,
interest and costs of collection shall be added to and included in such lien with such cost of
collection to include court costs, the expenses of sale, any expenses required for the protection and
preservation of the Condominium Unit, and reasonable attorney's fees. For the purpose of this
Article, the amount of delinquent Assessments, late charges, accrued interest and the amount of
accelerated Assessments, if any, shall be considered an indebtness and shall be evidenced by this
-'Section 6:5 and therefore evidence of indebmess shall exist hereby. All payments on account should
be first applied to costs of then to late charges, then to interest, and then to the Assessment lien first
due. Each Owner vests in the Board of Directors the right and power to bring all actions against him
personally for the collection of such Assessments as a debt and to foreclose the aforesaid lien in the
same manner as other liens for the improvement of real property_ The lien provided for in the Article
shall be in favor of the Association and shall be for the benefit of all Owners. The Association,
acting through the Board, shall have the power to bid in the Condominium Unit at any Foreclosure
- sale and to acquire, hold, lease, encumber and convey the same. 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 Condominium Unit. The rights and remedies herein shall be in addition to, and
not in lieu of, those set forth in Section 47C-3-116 of the Act.
In order to perfect the lien given by the foregoing provisions, the Association
shall file in the Clerk's office of the Dare County Superior Court, North Carolina, a claim of lien,
which contains a description of the Condominium Unit in accordance with the provisions of Section
47C-2-104 of the North Carolina Condominium Act, the names of the record Owners of the
Condominium Unit, the amount of unpaid assessments due or past due, together with the date when
each fell due pursuant to the provisions ofN.C.G.S. Section 47C-3-116 and Article 8 of Chapter 44
of the General Statutes of North caroling. When payment of satisfaction is made of a debt secured
by the foregoing lien, said lien shall be released by the duly authorized agent of the lien creditor.
I lflff l flldl IIIII II�II� I�Id If�II (Illlfl III Milli l�l Idyl DpPage: 1 0of 33
21P

6.6 Priority ofLien. The lien for assessments, once perfected, shall be prior to all other
liens and encumbrances except (a) the lien for real estate taxes on that Condominium Unit, and (b)
the lien of a Mortgage securing sums unpaid to a Mortgagee or other lien or encumbrance recorded
prior to the perfection of said lien for Assessments. Except as provided in Section 6.7 (Deed in Lie
of Foreclosure) hereof and section 47C-3-116 of the Act, the sale or transfer of any Condominium
Unit shall not affect the Assessment Lien.
6.7 Deed in Lieu of Foreclosure, Notwithstanding anything contained in this
Declaration or the Act which may be construed to the contrary, in the event any First Mortgagee that
is an Institutional Mortgagee shall acquire title to any Condominium Unit by virtue of any deed in
lieu of Foreclosure of a First Mortgage, such a First Mortgagee shall not be liable for, nor shall such
Condominium Unit be subject to a lien for, any Assessment chargeable to such Condominium Unit
on account of any period prior to the time such First Mortgagee shall so acquire title to such
CondominiumUnit, provided, however that common expenses collectible there after from Owners,
including such First Mortgagee shall be paid asset forth in this Declaration. The provisions of this
section 6.7 (Deed in Lieu of Foreclosure) are in addition to, and not in lieu of, the provisions of
section 47C-3-116(f) of the Act.
ARTICLE SEVEN
ADMINISTRATION
7.1 Administration by the Association. The Association shall administer the
condominium, and have the rights and duties with respect thereto, as set out in and subject to the Act
and the condominium instruments.
7.2 Control by Declarant. Except as provided in Section 47C-3-103(e) of the Act, the
Declarant shall have the right to appoint or remove all Officers of Directors of the Board or to
exercise powers and responsibilities otherwise assigned to the Association Board or Officers by the
Act or the Condominium Instruments until the first to occur of(l) the expiration or two (2) years
after the Declarant has ceased to offer units for sale in the ordinary course of business, (ii) 120 days
after the conveyance of seventy-five percent (75%) of the Units (including units which may be
created pursuant to special Declarant rights) to unit owners other than Declarant (iii) two years after
any development right to add new units was last exercised, or (iv) the surrender by Declarant of such
rights by an express amendment to this Declaration executed and recorded by Declarant, without the
need of consent or joinder by any other person. Upon the expiration of the period of Declarant's
rights such rights shall automatically pass to the Owners (including Declarant if Declarant then wins
one or more Condominium Units) and a special meeting (which may be the next annual meeting)
of the Association shall be called as set forth in the Bylaws. At such special meeting the Owners
shall elect a Board or Directors. If conflicts arise between this provisions, the Act and the Bylaws,
then the Act and the Bylaws shall control.
- 7.3 Duties and Powers. The duties and powers of the Association shall be those set
forth in the Act, this Declaration and the other Condominium Instruments, together with those
reasonable implied to effect the purposes of the Association. Except to the extent otherwise required
by the Act, this Declaration or the other Condominium Instruments, the powers herein or otherwise
granted to the Association may be exercised by the Board of Directors, by action through officers,
without any further consent or action on the part of the Owners. Subject to and in accordance with
the provisions of limitations set forth in the Bylaws, each Director and each Officers shall be entitled
to be indemnified by the Association in connection with any threatened, pending or completed
action, suit or proceeding with respect to which such person was or is a party by reason of the fact
that such person is or was a Director or Officer.
7.4 ProDWY, All funds received and title of all properties acquired by the Association
and the proceeds thereof, after deducting therefrom the costs incurred by the Association in acquiring
the same, shall be held for the benefit of the Owners as herein provided and for the purposes herein
stated. The shares of the Owners in the funds and assets of the Association cannot be individually
assigned, hypothecated or transferred in any manner except as an appurtenance to a Condominium
Unit. In any year in which there is an excess of Assessments over expenditures, such surplus shall
be applied in accordance with the provisions of Article 6.
Illllllllllllllllllfllllllllllllllllllllllllllllllilll6189296
01 23 2006 04:21P

7.5 Rules and Regulations. Without limiting the generality of the Article, the Board
of Directors shall have the power and authority to make, amend and revoke reasonable rules and
regulations concerning the use of the Units and the Common Elements as may be set forth n the
Bylaws or in supplemental Rules and Regulations for Slash Creek, a condominium, as promulgated
by the Declarant or the Association from time to time and that shall be available at the front office.
7.6 Professional Management. The Board of Directors may employ a professional
management firm to manage the operation and affairs of the Condominium and the Association.
Any management firm employed shall be employed pursuant to a written agreement executed on
behalf of the Association by its President and Secretary. To the extent permitted by law, the Board
of Directors shall be authorized to delegate to such management firm such of the duties and powers
of the Association and of its Board of Directors and Officers as the Board of Director shall
determine. The Declarant or any person affiliated with Declarant may be employed as the
professional management firm pursuant to this section.
7.7 Enforcement of Directors Duties. In the event that the Board of Directors shall fail
to perform any duty or duties which, under the terms and provisions of the Act, this Declaration, or
the other Condominium Instruments, are to be performed by it, any Owner or First Mortgagee who
is aggrieved by such failure shall have the right to proceed in equity to compel the Board of Directors
to perform any such duty or duties. In no event however, shall any Director have any liability to any
Owner or First Mortgage for failure by the Board to perform any such duty or duties. In except to
the extent provided by the laws of North Carolina.
ARTICLE EIGHT
INSURANCE
8.1 General Obligation and Authorit. Pursuant to Section 47C-3-113 of the Act, the
Association may be required to obtain and maintain at all times:
(a) Insurance for all of the insurable improvements on the Submitted
Property (with the exception of improvements, and betterments made by the respective Owners or
Occupants) against loss, or damage by fire or other hazards, and including extended coverage,
vandalism, malicious mischief, debris removal, cost of demolition, windstorm and water damage,
in an amount consonant with full replacement value of such insurable improvements.
(b) Any such fidelity coverage against dishonest acts on the part of its
Directors, Officers, Employees, agents and volunteers responsible for handling funds belonging to
or administered by the Association in any amounts as the Board may determine in its sole discretion.
(c) Comprehensive public liability insurance, in amounts established by the
Board of Directors from time to time, but in no event shall such amount be less than $500,000.00
for a single limit coverage; and -
(d) Such other types of insurance either required by the Federal, State or any
other applicable governmental authority or law or authorized by the Board of Directors from time
to time. Such casualty, liability and fidelity coverage shall be maintained in accordance with and
satisfy all of the applicable rules, regulations and provisions of the Federal, State or any other
applicable governmental authority. When any policy of insurance has been obtained by or on behalf
of the Association, written notice of the obtainment thereof and of any subsequent changes therein
or termination thereof shall be promptly furnished to each Owner by the Officer required to send
notices of meetings of the Association.
8.2 Owners Obli ag tion. Each Owner shall obtain and maintain at all times policies of
insurance providing the following coverage:
(a) Property insurance in a sufficient sum to cover the values of all
improvements made to the Unit and all personal property therein; and
(b) Liability insurance having policy limits of $500,000.00 per person and
$500,000.00 per occurrence.
111111111111 IN o"123,2 6 3433
:21P

ARTICLE NINE
RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE
9.1 General. In the event of damage by fire or other casualty to the Submitted Property
or any part thereof, the provisions of the Article and Section 47C-3-113 of the Act shall govern the
repair and reconstruction. The terms "repair" or "reconstruction' as used herein shall mean repairing
or restoring the Submitted Property to substantially the same condition in which it existed prior to
the fire or other casualty (excluding improvements and betterments made by an Owner or Occupant)
with each Unit and the Common Elements having the same boundaries as before. Any repair or
reconstruction may be reasonable take into account changes in construction and design techniques
and materials and the cost or availability thereof. The term "substantial loss" relative to Units and/or
Common Elements serving exclusively a Unit shall mean a loss involving damage or destruction
which renders more than two-thirds (2/3rds) of the Units and/or Common Elements serving
exclusively a Unit unusable for its intended purpose. The term "substantial loss" relative to the
Common Elements not serving exclusively a Unit shall mean a loss involving damage or destruction
have a cost of restoration or repair of more that two-thirds (2/3rds) of the replacement cost of the
improvement which are damaged or destroyed by casualty.
9.2 Damage and Destruction
9.2.1 Claims Adjustments and Repair Estimates. Immediately proceed with the
filing after any damage or destruction to all or any part of the Submitted Property covered by
insurance purchased by the Association, the Board of Directors or its duly authorized agent shall
proceed with the filing and adjustment of all claims arising under such insurance with respect to
property losses, of Owners and obtain reliable and detailed estimated of the cost of repair or
reconstruction of such damages and/or destroyed property.
9.2.2 Common Elements. In the case of damage or destruction to Common
Elements not serving exclusively a Unit, such damage or destruction shall be repaired or
reconstruction unless both of the following occur: (i) there is a substantial loss of the Common
Elements not serving exclusively a Unit resulting from such damage or destruction and (ii) within
sixty (60) days of date of such casualty, Owners having four -fifths (4/5ths) of the Votes in the
Association vote not to repair or reconstruct.
9.2.3 Jh1iLs In the case of a casualty causing damage or destruction of Owners
and obtain reliable and detailed estimated of the cost of repair or reconstruction of such damage and
or destroyed property a Unit and /or Common Elements serving exclusively a Unit, such damage
or destruction (including any damage or destruction to any Common Elements serving exclusively
such Unit) shall be repaired or reconstructed unless each of the following occur: (1) there is a
substantial loss of all the Units (including damage or destruction to any Common Elements serving
exclusively such Unit): and (ii) within sixty (60) days of such casualty, 100% of the Owners of
damaged or destroyed Units and 80% of all Owners vote and agree not to repair or reconstruct. If
both (1) and (ii) occur, then such damaged or destroyed Units shall not be repaired or reconstructed
and the provisions of Section 47C-3-113 (h) of the Act shall govern and control the ownership of
such damaged or destroyed Units. The undivided interest in Common Elements, votes in the
Association and share of liability for Common Expenses appertaining to such Condominium Units
on the basis of an equal share per Unit.
9.2.4 Extension of Time. If for any reason the amount of insurance proceeds to
be paid as a result of a casualty, or reliable and detailed estimates of the cost of repair or
reconstruction of such casualty, then the sixty (60) day period specified above shall be extended until
such information is made available; provided, however, that such period of time shall in no event
exceed one hundred twenty (120) days after such casualty.
9.2.5 Application of Proceeds: Common Elements and Units Not Repaired. If it
is determined accordance with the provisions hereof that any damaged Common Elements not
serving exclusively a Unit shall not be repaired or restored, then the insurance proceeds appertaining
thereto shall be divided among the Owners i n accordance with their percentage or fractional interest
in the Common Elements. If it is determined with the provisions hereof that any damaged Unit shall
not be repaired or restored, then the insurance proceeds appertaining thereto shall be paid to the
Owner of such damaged Unit in proportion to the total damage for which proceeds are received, and
I IIIIIi 1111111111o1e�290 6' 43111111 IN 1111111111111111111111111111 2,P

thereupon such Owner shall have no further right, title, or interest in the Condominium. In all cases
where there is a Mortgage endorsement with respect to a Unit, any insurance proceeds shall be
disbursed to the Owner and such Mortgagee jointly, who shall use such proceeds as they alone may
determine. This is a covenant for the benefit of any such Mortgagee and may be enforced by any
such Mortgagee. The Association shall cause the debris to be removed from any area on which was
located a damaged Unit or damaged Common Elements which are not to be repaired or restored and
shall landscape and restore such area to a clean, safe and attractive condition, and the Board of
Directors shall have the right to levy a special Assessment against all of the Owners of the
Condominium Units to raise the funds necessary to defray the costs of such work in excess of any
amounts which may be available from any reserves funds of the Association maintained for such
purpose.
9.3 Manner of Repair and Reconstruction. All repairs, reconstruction or rebuilding to
be made as a consequence of a fire or other casualty shall be made in accordance with the following
provisions:
9.3.1 Common Elements If the damage to be repaired or reconstructed to the
Common Elements, and if the insurance proceeds payable as a result of such damage or destruction
is less than ten percent (10%) of the total annual revenues anticipated to be received by the
Association under then -current budget of the Association, such repair or reconstruction shall be
substantially in accordance with the plans and specifications for such damaged property prior to the
occurrence of such damage, or in accordance with such different plans and specifications for such
damaged property prior to the occurrence of such damage, or in accordance with such different plans
and specifications as may be approved for such purpose by the Board of Directors. If the damage
to be repaired or reconstructed is to the Common Elements, and if the insurance proceeds available
as a result of such damage or destruction is greater than ten percent (10%) of the total annual
revenues anticipated to be received by the Association under then -current budget of the Association,
such repair or reconstruction shall be substantially in accordance with the plans and specifications
for such damaged property prior to the occurrence of such damage, or in accordance with such
different plans and specifications as may be approved for such purpose by the Board of Directors;
provided, however, that in the event the Board of Directors shall approve plans and specifications
for the repair or reconstruction of such damaged property which differ materially from those of the
damaged property prior to the occurrence of such damage, such plans and specifications shall be
submitted for the approval of a majority of the Association, if a request to such effect is submitted
for the approval of a majority of the Association, if a request to such effect is submitted in writing
signed by Owners owning at least 20 Units no later than 14 days after the meeting at which the Board
of Directors approve such differing plans and specification.
9.3.2 its. If the damage to be repaired or reconstructed is to any Unit, such
repair, reconstruction or rebuilding shall be undertaken bythe Board or Directors and it shall arrange
for and supervise the prompt repair and restoration of the Unit, but not including any fumiture,
furnishings, fixtures, equipment or other personal property supplied or installed by the Unit Owner
in the Unit. Notwithstanding the foregoing, each Unit owner shall have the right to supervise the
interior redecorating of its own Unit.
9.3.3 Responsibility for Repair or Reconstruction. All of the work of repairing
or reconstruction of any portion of the Submitted Property, the damage to or destruction of which
resulted in the payment of any insurance proceeds under any insurance policy maintained by the
Association, shall be the responsibility of the Association and shall be performed under die
supervision of the Board of Directors. In discharging such supervisory responsibility, the Board of
Directors shall be authorized, but shall not be obligated, to employ as its agent or consultant such
building supervisors, engineers, or architect as the Board of Directors shall determine. Any fees
which shall be payable to any such building supervisor, engineer, or architect as the Board of
Directors shall determine. Any fees which shall be payable to any such building supervisor,
engineer, or architect as shall be employed by the Board of Directors shall be a Common Expense
of the Association.
9.4 Costs of Repair and Reconstruction.
9.4.1 Common Elements. The costs of repairing or reconstructing any portion
of the Common Elements not exclusively serving any Unit which shall be damaged or destroyed
4 II{{ {{II�`I II[[ee I`I` I{I II`` ``II lllljjlI [[II jjII I`I` 6189296
page:23 � 2LS06(04321 P �

shall be paid with any insurance proceeds which shall be paid to the Association on account of such
damage or destruction. If such insurance proceeds, together with any amounts as may be available
from any reserve funds maintained by the Association for such purposes, are not sufficient to defray
such costs or repair or reconstruction, then the Board of Directors shall levy a special Assessments
against all of the Owners of the Units to raise the excess funds necessary to defray such costs.
9.4.2 Units and Common Elements Exclusively Serving Units The costs of
repairing or reconstruction each Unit which shall be datnaged or destroyed, together with any portion
of the Common EIements exclusively serving such Unit which steal l be damaged or destroyed, shall
be paid with the insurance proceeds which shall be paid to the Association on account of such
damage or destruction for such Unit. If any amounts shall remain after all the costs and expenses
of repairing and reconstruction the Unit are paid, such amounts shall be paid jointly to the Owner
and his Mortgagee. If the amount held by the Association for such Unit is not sufficient to defray
such cost ofrepair and reconstruction, the Board of Directors shall levy a special Assessment against
the Owners of the Units so involved to raise the excess funds necessary to defray such costs.
ARTICLE TEN
AESTHETICS REVIEW, USE RESTRICTIONS AND SALE OF UNITS
To assure a community of congenial Owners and thus protect the value of the Condominium
Units, the Submitted Property shall be subject to the restrictions set forth in this Article and in the
rules and regulations of the Association.
10.1 Approval Required for Changes. To preserve the architectural appearance of the
Condominium, no construction, painting or other changes of any nature whatsoever shall be
commenced or maintained by any Owner other than Declarant with respect to any portion of the
Condominium, including any Limited Common Elements, nor shall any addition to or change or
alteration therein be made, unless and'until the plans and specifications showing the nature, kind,
shape, color, height, materials and location of the same shall have been submitted and approved in
writing as to harmony of design and location in relation to surrounding structures and topography
by the Board of Directors or by an aesthetics review committee appointed by the Board of Directors.
An Owner may make improvements and alterations within his Unit; provided, however, that no
Owner shall make any structural alterations in a Unit, or remove any portion thereof or make any
additions thereto or do anything which would or might jeopardize or impair the safety, soundness
or structural integrity of that Unit or any other Unit or otherwise materially lessen the support of any
portion of the Condominium. No Owner shall impair any easement without first obtaining the written
consent of the Association and of the Owner or Owners and their Mortgagees for whose benefit such
easement exists. Any alterations or impairment of the easements granted to or reserved by the
Declarant or the Slash Creek Condominium Homeowners Association, shall first have the approval
of the beneficiary of such easement.
10.2 htin . The design, type location, size, intensity and color of all exterior lights
(including both those mounted as part of the original design of the Submitted Property or otherwise
in place at the time of the conveyance of a Unit to an Owner and those mounted with the consent of
the Board of Directors) shall be subject to the prior written approval of the Board of Directors.
10.3 Uses and Purposes Except for Declarant rights to use a portion of the Property as
a commercial hotel or such as other rights as set forth herein, all Units shall be, and the same hereby
are, restricted to residential use only and the occupancy thereof shall be subject to such restrictions
as the Board of Directors may establish pursuant to the rules and regulations of the Association.
Short-term and long-term residential rentals are considered a "residential; use" and specifically
approved.
10.4 Business Activities and Signs. No "For Sale" or "For Rent" signs or other signs
or advertising posters of any kind shall be maintained or permitted on any portion of the Submitted
Property. Notwithstanding the foregoing, the provisions of the Section shall not apply to any signs
maintained on the Submitted Propertyby Declarant, its agents, representatives or assigns, during the
period that Declarant has any Unit for sale, or to the First Mortgage of any Unit being sold pursuant
to a Foreclosure.
1lIIII I�I � fil l 111111 IN 111111111111111 HIM III IN Sac 6189296
2W6 04:21P

10.5 Pets. Only domesticated animals are allowed on Submitted Property. All animals
need to be kept on leashes when in Common Elements. All feces must be picked up immediately.
10.6 Use of Common Elements. The use and enjoyment of the Common Elements by
the Owners and their Occupants shall be subject to such reasonable rules and regulations as may be
made and amended from time to time in accordance with Section 7.5 (Rules and Regulations) of this
Declaration. This section is for the mutually benefit of all Owners and is necessary for the protection
of all Owners.
10.7 Antennas. No antenna or other device for the transmission or reception signals,
radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained
on anyportion of the Common Elements, except as have been approved or installed by the Declarant
or the Association or except as permitted under applicable Federal, State or local law.
10.8 Motor Vehicle, Trailers, Boats, Etc. Automobiles shall be operated and parked
only upon those portions of the Submitted Property designated for such purpose on the Plat and
Plans, or in such other areas as may be provided by the Declarant or Association in any rules or
regulations adopted from to time. Although not expressly prohibited hereby, the Board of Directors
or Association may prohibit the parking of personal -use vehicles for extended periods of time and
further may prohibit mobile homes, motor homes, truck campers, trailers of any kind, motorcycles,
motor scooters, motorized bicycles, mopeds, motorized go-carts and other such conveyances, or any
of them, from being kept, placed, stored, maintained or operated upon any portions of the Submitted
Property. No item of personal property or any kind shall be parked within the right-of-way of any
street within the Slash Creek Condominiums.
10.9 Nuisances. No rubbish or debris of any kind shall be dumped, placed, or permitted
to accumulate upon any portion of the Submitted Property except in areas and/or containers
specifically designated for such purpose, nor shall any odors be permitted so as to render any portion
of the Submitted Property unsanitary, unsightly, offensive or detrimental to persons using or
occupying other portions of Submitted Property. The Declarant or Association is permitted to fine
Owners for the litter of the Owner, lessees, guest, agents or invitees. Said fine shall constitute an
Assessment and shall be enforceable in accordance with other sections herein pertaining to
Assessments. No nuisance shall be permitted to exist or operate upon any portion of the Submitted
Property. Without limiting the generality of any of the foregoing provisions, no exterior speakers,
horn, whistles, bells or other sound devices, except child safety or security devices used exclusively
for child safety or security purposes, shall be located, used or placed on the Submitted Property.
10.10 Prohibited Activities. No noxious or offensive activities shall be carried on in any
Unit or in any part of the Common Elements. Each Owner and Occupant shall refrain from any act
or use of his Unit or the Common Elements which could reasonable cause embarrassment,
discomfort, annoyance or nuisance to the other Owners and Occupants, or which could result in
cancellation of insurance on any Unit or any portion of the Common Elements, or which would be
in violation of any law or governmental code or regulation. The assemble and disassembly of boats,
motor vehicles and other mechanical devises, which might tend to cause disorderly, unsightly or
unkempt conditions, shalt not be pursued or undertaken on any portion of the Submitted Property
except a permitted by the Declarant or Association.
10.11 Governmental Regulations. All governmental building codes, health regulations,
zoning restrictions and the like applicable to be Submitted Property shall be observed and are hereby
incorporated by reference herein as if set forth word for word. In the event of any conflict between
any provision of any such governmental code, regulation or restriction and any provisions of this
Declaration, the more restrictive provisions shall apply.
10.12 Annearance. In order to protect the first-class quality and reputation of the
Condominium, outside clothes lines or other outside facilities for dying or airing clothes are
specifically prohibited and shall not be erected, places or maintained on any portion of the Submitted
Property, nor shall any clothing, rugs, or any other item be hung on any portion of the Common
Elements.
10.13 Sale Period. Notwithstanding any provisions contained in this Declaration to the
contrary, during the period of the sale of the Units it shall be expressly permissible for Declarant,
I111111IIIII(IIIIIIIIIIIIIIIlll11111111I(IIIIIIIIIIIIII 01a892906 04t21F

its contractors, agents, employees, assigns and representatives, to maintain and carry on, upon such
portion of the Submitted Property as Declarant may deem necessary, such facilities and activities as
completion and sale of the Units, including, but without limitation, business offices, signs, model
Units, and sales offices. The right to maintain and carry on such facilities and activities shall include
specifically the right to use any Units owned by Declarant as model Units, such model Units being
Iocated and described as provided herein and in the other Condominium Instruments.
10.14 Sale or Leasine The right of any Owner, including Declarant, to sell, transfer,
convey, mortgage, encumber or pledge the Unit(s) owned by such Owner shall not be subject to any
right of first refusal or any similar restriction in favor of the Association or any other Owner.
10.15 Pool. Owners are cautioned that the pool and surrounding concrete area are often
dangerous even during normal use. There is a high risk of serious injury or death from drowning and
slipping. Children must be supervised at all times.
ARTICLE ELEVEN
GENERAL PROVISIONS
I L 1 Amendment This Declaration maybe amended at anytime and from time to time
by the affirmative Vote of owners having at least 67% of the total Vote of the Association and as
otherwise provided by North Carolina law; provided, however, that during such time as Declarant
has the right to appoint and remove members of the Board of Directors and. Officers pursuant to
Section 7.2 (Control by Declarant) such amendment shall require the agreement of both Declarant
and Owners to Which 67% of the Votes in the Association appertain, exclusive of any Vote or Votes
appertaining to any Units then owned by Declatrant. So long as the same shall not (a) adversely
affect the title to any Unit, (b) change the percentage of undivided ownership interest in and to the
Common Elements appurtenant to any Unit, (c) materially alter or change any Owner's right to the
use and enjoyment of his Unit or the Common Elements as set forth in this Declaration, or (d)
otherwise make any material change in this Declaration. Each Owner agrees that, ifrequested to do._
so, such Owner will consent to the amendment of the Condominium Instruments i if such
amendment is necessary to bring any provision hereo for thereof into compliance or conformity with,
or remove any conflict or inconsistency with, the provisions of any applicable governmental statute,
rule, regulation, including without limitation the provisions of the Act, or judicial determination
which shall be in conflict therewith, or (ii) if any such amendment is necessary to enable any
governmental agency to insure mortgage loans on the Units bases on the statutes, laws, rules or
regulations applicable to or promulgated by such agency. Except as expressly permitted of required
by Act and this Declaration, any amendment to this Declaration which would change the boundaries
of any Unit, the undivided interest in the Common Elements, the number of Votes in the Association
or the liability for Common Expenses appertaining to any Unit shall be approved in writing by all
Owners. Anyprovisions in this Declaration which maybe construed to the contrary notwithstanding,
any amendment to this Declaration, which would change, alter, modify or rescind and right, title,
interest or privilege herein expressly granted to any Mortgagee shall require written approval of such -
Mortgagee. Amendments to this Declaration or the other Condominium Instruments may be
proposed by Declatrant, by the Board of Directors, or by petition signed by Owners having at least
twenty-five percent (25%) of the total Votes of the Association. Agreement of the required majority
of Owners to any amendment of the Condominium Instruments shall be evidenced by the
certification of the Secretary of the Association. Any such amendment of the Condominium
Instruments, including this Declaration, shall become effective only when recorded or at such later
date as may be specified in the amendment itself The written consent of any Mortgagee required -
- with respect to such amendment shall also be recorded with such amendment.-.-. - --
11.2 Eminent Domain In the event that all or part of the Submitted Property shall be
taken by any authority having the power of eminent domain, the allocation of the award for such
condemnation and all related matters, such as the reallocation of undivided interests in the Common
Elements, liabilities for Assessment and Votes, shall be handled as follows:
11.2.1 If any Unit or portion thereof or the Common Elements or any portion
thereof is made the subject matter of any condemnation or eminent domain proceeding or is
otherwise sought to be acquired by a condemning authority, then the holder of any First Mortgage
on a Unit will be entitled to timely written notice of any such proceeding or proposed acquisition,
and no provision of this Declaration or of any other Condominium Instrument establishing the
01123120006
a8g2s0 6' 33
04:2-W

Condominium will entitle the Owner or other person to priority over any Mortgagee with respect to
the distribution of the proceeds of any award of settlement relating to such Unit.
11.2.2 In the event all or any part of the Submitted Property shall be taken in
condemnation or by eminent domain, each Owner hereby grants an irrevocable power of attorney
to the Association to represent such Owner in any and all condemnation proceedings, negotiations,
settlements and agreements with the condemning authority. The award for such taking shall be
payable to the Association for the use and benefit of the Owners and their respective Mortgagees as
their interest may appear and shall be disbursed by the Board as hereinafter provided.
11.2.3 If the taking is confined to Common Elements, the Board of Directors shall
arrange for restoration of the remaining Common Elements and the Board of Directors shall disburse
the proceeds for condemnation award in the same manner as required for the disbursement of
insurance proceeds where damage or destruction to the Common Elements is to be repaired or
reconstructed, as provided in Article 9 hereof.
11.2.4 If the taking includes any part of a Unit, whether or not there is included
in the taking any part of the Common Elements, such taking shall be deemed to be and shall be
treated as damage or destruction which shall not be repaired or reconstructed as provided in Article
9 hereof, whereupon:
a. The Board of Directors, using the proceeds of such condemnation award,
shall acquire, on behalf of the remaining Owners, the Unit(s) of the Owner whose Unit(s) have been
taken in whole or part, at a price equal to the lesser of (1) the fair market value of such Unit(s) as of
the date immediately preceding the condemnation thereof or (2) the amount of the condemnation
award allocated to the particular Unit to be acquired. The "fair market value" as used herein shall
mean such price as is determined by Majority vote of three (3) appraisers, one whom shall be
selected by the Owner or Owners affected, one of whom shall be selected by the Board of Directors
and the third of whom shall be selected by the two (2) appraisers so selected. All appraisers so
selected shall be members of the American Institute of Real Estate Appraisers (or any successor
association or body of comparable standing if such institute is not then in existence), disinterested,
have at least ten (10) years of experience in the appraisal of real estate, and be familiar with property
values in Dare County, North Carolina.
b. After acquisition of the unit(s) as aforesaid, the undivided interest in the
Common Elements, Votes of the Association and share of liability for Common Expenses
appertaining to such Unit(s) shall thenceforth appertain to the remaining Unit(s) on the basis of an
equal share per -Unit. The Board of Directors shall determine the method of disturbing the remainder
of the condemnation award, if any.
11.3 Rights of Third Parties. This Declaration shall be recorded pursuant to the
provisions of the Act for the enefit of Declarant, the ers an their Mortgagees as herein
provided, and by such recording, the wners s a ave a right to cancel, exten , mo y, amend
or otherwise change the provisions of this Declarations as provided herein or as allowed by the Act
without the consent, permission or approval of any adjoining owner or third person except as limited
by Article 11.4.
11.4 Termination The Common Elements shall remain undivided, and unless the
Condominium form of ownership hereby established is terminated in accordance with Section 47C-
- 2-118 of the Act, no Owner nor any other person shall bring any action for partition or division of
the whole or any part of any Unit or of the whole of any part of the Common Elements, The
Condominium may be terminated or abandoned only by the agreement of all Owners, provided that
all holders of Mortgages encumbering the Unit(s) consent thereto and agree as may be required be
Section 47C-2-118 of the Act.
11.5 Enforcement. Each owner shall comply strictly with the provisions of the
Condominium Instruments and rules and regulations of the Association. hi the event of a violation
or aggrieved Owner or Owners, jointly and severally, shall have the right to proceed at law or in
equity to compel compliance therewith or to prevent a threatened violation or breach thereof. In
addition to all other remedies, the Association, or a duly authorized agent thereof, shall have the right
to enter upon any portion of the Cornmon Elements including any Limited Common Elements,
pass; f ea z 1 F

where a violation exists and, at the expense of the Violating Owner, abate or remove any erection,
thing or condition that may be or exist contrary to the intent and meaning of the Condominium
Instruments or rules and regulations, if after notice and hearing as set forth in the Bylaws, it shall not
have been corrected by such Owner, neither the Association, nor its agents, shall be deemed guilty
or liable for any manner of trespass for such entry, abatement or removal. Should the Association
employ legal counsel to enforce any of the foregoing or any other rights or remedies of the
Association, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be
paid by the violating Owner. In as much as the enforcement of the provisions of the Condominium
Instruments and the rules and regulations is essential for the protection of present and future Owners,
it is hereby declared that any breach thereof cannot be adequately compensated by recovery of
damages, and that the Association or, in any proper case, any aggrieved Owner or Owners, in
addition to all other remedies, may require and shall be entitled to the remedy by failure any such
violation or injunction to restrain or breach or threatened violation or breach. No delay, omission
on the part of the Association or any aggrieved Owner or Owners in exercising any right, power or
remedy herein provided shall be construed as an acquiescence thereto or shall be deemed a waiver
of the right to do so thereafter as to the same violation or breach, or as to a violation or breach
occurring prior or subsequent thereto, and shall not bar or affect its enforcement. No right of action
shall accrue nor shall any action be brought or maintained by anyone whatsoever against the
Association or its Officers or Directors for or on account of any failure to bring any action on
account of any violation or breach, or threatened violation or breach, of the provisions and
regulation, however long continued, or for the imposing of provisions which may be unenforceable.
11.6 Exhibits. All exhibits referred to in and attached to this Declaration or any other
Condominium Instrument are hereby incorporated in this Declaration or such other Condominium
Instrument in full by this reference.
11.7 Duration Unless the Condominium is terminated as herein otherwise provided, the
provisions of this Declaration shall run with and bring the land, shall be binding upon and inure to
the benefit of all Owners and Mortgagees, their heirs, executors, legal representatives, successors
and assigns, and shall be and remain in effect perpetually to the extent permitted by North Carolina
law.
11.8 Interpretation. In all cases, the provisions set forth or provided for in this
Declaration shall be construed together and given that interpretation or construction which, in the
opinion of Declarant or the Board of Directors, will best effect the intent of the general plan of the
condominium. The provisions hereof shall be liberally interpreted, and if necessary, they shall be
so extended or enlarged by implication as to make them fully effective. The effective date of this
Declaration shall be the date it is filed for record. In the event of any conflicts or inconsistencies
between the Act, this Declaration or the Bylaws, the terms and provisions of the Act and this
Declaration, in that order, shall prevail.
-11.9 Gender and Grammar The singular wherever used herein shall be consulted to
mean the plural when applicable, and the necessary grammatical changes required to make the
provisions hereof apply either to corporations or other entities orto individuals, menorwomen, shall
in all cases be assumed as though in each case fully expressed.
11.10 Rights of Mortgagees and Unit Owners. In addition to the rights of Mortgagees
elsewhere provided, each Mortgagee shall: (a) be entitled to written notice from the Association of
any default by the Owner of the Unit mortgaged in the performance of his obligations under the
Condominium Instruments which is not cured within sixty (60) days specifically including any
delinquency in payment of an Assessment; (b) be entitled to receive written notice of any
condemnation loss or any casualty loss which affects a material portion of the Condominium or any
Unit on which a Mortgagee holds a Mortgage; (c) be entitled to receive thirty (30) days prior written
notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond
maintained by the Association; (d) be entitled t receive written notice of any proposed action which
would require the consent of a specified percentage of the Mortgagees; and (e) be furnished copies
of annual financial reports within 120 days after the end of the Association's fiscal year. The above
is limited, however, in that the Mortgagee is entitled to the above information only so long as such
Owner or Mortgagee shall first file whit the Association a written request (setting forth the name of
such Owner or Mortgagee and the Unit Designation of the Unit respect to which such request is
made) that notices of default, and copies of financial reports be sent to a named agent or
I IIIIiI 1111111111111111 IN il1ll IIII1II III "I1MII II I1II 0112 22 of2005 04:21P

representative of the mortgagee or owner at an address stated in such notice. Further, each Mortgagee
and Owner shall, upon request, be entitled to inspect the books, records, and financial statements of
the Association (including the Condominium Instruments and other documents) during normal
business hours. Any First Mortgagees shall, upon written request, be entitled to a financial statement
of the Association for the immediately proceeding fiscal year.
11.11 Severability. Whenever possible, each provision of this Declamation shall be
interpreted in such manner as to be effective and valid, but if the application of any provision of this
Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or
invalidity shall not affect any other provision or the application of any provision which can be given
effect without the invalid provision or application, and to this end the provisions of the Declaration
are declared to be severable.
11.12 Captions. The captions of each Article and Section hereof refers to its contents and
are inserted only for convenience and in no way to be construed as defining, extending or otherwise
modifying or adding to the particular Article or Section.
11.13 Restrictions on Other Actions. Notwithstanding anything to the contrary contained
in the Condominium Instruments, except as provided by the Act in case of substantial loss ti the
Units or termination and as provided herein in the case of condemnation, termination, partition or
in the case of substantial loss to the Common Elements or during the Declarant Control Period,
unless at least two thirds (2/3rds) of the First Mortgagees (based upon one vote for each first
mortgagee owned) and Owners (other than the Declarant) of the Units have given their prior written
approval, neither the Association nor the owners shall be entitled to:
11.13.1 Except for special Assessments levied pursuant to Section 6.3 hereof, and
except for the distribution of hazard insurance proceeds pursuant to paragraph 9.3.2 hereof, change
the prorata interest or obligations of any Unit for the purpose of: (a) levying Assessments or charges
or allocating distributions ofhazard insurance proceeds or condemnation awards, or (b) determining
the prorata share of ownership of each Unit in the Common Elements.
11.13.2 By act or omission, seek to encumber, sell or transfer the Common
Elements, except in the case of reassignment of Limited Common Elements pursuant to Section 3.5
hereof (neither the granting of easements for public utilities or for other public purposes consistent
with the intended use of the common Elements, as an appurtenance to a Unit, shall be deemed a
transfer within the meaning of this subparagraph).
i I��III ��II� Iiill II�III II flip Illlill III I Ifl�f �I I�� 01g! 923 ,2 D6r0432iP

IN WITNESS WHEREOF, Declarant has caused this instrument to be executed under seal
pursuant to due authority as of the day and year first above written.
SLASH CREEK, LT C
I3 _
ohn .Dixon, Manager
STATE OF NORTH CAROLINA, COUNTY
I, a Notary Public of the aforesaid State and County, do hereby certify that John W. Dixon,
Manager of Slash Creek, LLC, personally came before me this day and acknowledged that he is the
Manager of Slash Creek, LLC, a North Carolina Limited Liability Company, and that by authority
duly given and as the act of the company, the foregoing instrument was signed in its name by him
as the official act of the company.
Witness my official hand and seat, this the L day of 2005.
PENNY C. BEASLEY d '�
NOTARY PUBLIC Nota ublic
T►RRELL COUNTY, A.C.
114y commission expires:
8929
PDa of 00O321A

EXHIBIT A
Parcel I:
Beginning at a point located on the East margin of right of way of the N C State Highway leading
through the Village of Hatteras known aNC HighwayNo. 12, said right of way being 100 feet at this
point. Said calculated point being designated "A", said point being located on a grid tie, Note #8 on
said survey, N 71 deg. 55 min. 24 sec. E a distance of 22.63 from North Carolina Geodetic Surveys
Monument "A-193", and being the Northwest corner of the Norfolk Carolina Telephone &
Telegraph property as received by Deed Book 143, at Page 265, and the Southwest comer of the
property herein conveyed; THENCE RUNNING FROM SAID BEGINNING POINT and along the
North line of the Norfolk & Carolina Telephone & Telegraph Company property herein referred to
North 71 deg. 55 min. 24 sec. East a distance of 685.07 feet to an existing concrete monument; and
running thence North 04 deg. 03 min. 52 sec. West and along a deed line a distance of 556 feet more
or less to a point in the canal; and running thence South 47 deg. 08 min. 05 sec. West a distance of
979 feet more or less to an iron pipe in the East margin or right of way of North Carolina State
Highway No. 12, said right of way being 100 feet at this point; and running thence in a southerly
direction and along the East margin of the aforesaid highway right of way and along a curve with a
radius of 1881.44 feet a length of 146.11, a delta of 4 deg. 26 Min. 59 sec., chord bearing South 42
deg. 36 min. 31 sec. East, a chord distance of 146.08 feet to the calculated point "A", the point or
place beginning.
Said property being more particularly described on survey by Seaboard Surveying &
Planning, Inc., drawn November 30, 2005 and entitled "As Built Survey for Slash Creek, LLC,
Jackie R. Harrison Tract - The Village of Hatteras - Hatteras Township - Dare County - North
Carolina.
Parcel H:
Being all of that "WOOD WALK" A-, D "WOOD DOCK" on the parcel designated "THIS AREA
TO BE CONVEYED TO SLASH CREEK, LLC, 2.67 acres - 116,323.57 sq. ft." as shown on map
or plat entitled "SLASH CREEK EAST, Hatteras, NC 27943" by Freddy D. Rankin, PLS, dated
9/8/05 and recorded in the Dare County Public Registry at Plat Cabinet G, Slide 149 on December
1, 2005. For further clarification, the "Wood Walk" which is contained within the boundaries of the
2.67 acre parcel shown thereon.
I IIII I IIIII IIIII flIIII IIII IIIII IIIIIII III lillll11111116289296
001 23,2006t04:21P

Prepared By And Return To:
Linda I1. McCown
McCown & McCown, P.A.
STATE OF NORTH CAROLINA
COUNTY OF DARE
Filed Book: 1743 Pape: 80 Doo Id: 6227741
09/12/2007 01:24PM Receipt 8s 192997
Doc Code: PDMT
BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC
III(I(I fll(I f lill Illl(I (I(IIf III(I Ilill III hill II(I I(II 6227741 r o, :24P
AMENDMENT TO DECLARATION OF
SLASH CREEK,
A CONDOMINIUM
THIS AMENDMENT for SLASH CREEK, a Condominium, is made and declared this the
11`1 day of September, 2007, by SLASH CREEK, LLC., a North Carolina Limited Liability
Company, hereinafter referred to as "Declarant."
WITNESSETH:
WHEREAS, Declarant is the Developer and the owner of SLASH CREEK Condominium,
A Condominium, said Declaration recorded in Deed Book 1670 at Page 317, re -recorded in Deed
Book 1665 at Page 276 and more particularly described on a plat prepared by Seaboard Surveying
and Planning, Inc., and recorded in Unit Ownership File 6 at Slides 129 through 148, Dare County
Registry, North Carolina,
AND WHEREAS, pursuant to Articles 7.2, 7.5 and 11.1, Declarant may Amend said
Declaration;
AND WHEREAS, Declarant indicated that it intended to release control to the Slash Creek
Condominium Homeowners Association after conveyance of fifty percent (50%) of the project,
instead of seventy-five percent (75%) as set forth in the Declaration;
AND WHEREAS, Declarant would in any event release control after two years, which is less
than four (4) months from now;
THEREFORE, Declarant does hereby amend, declare and make known and publish that the
following amendment to the Declaration of SLASH CREEK, A Condominium:
Article Three, paragraph 7.2(ii) is hereby amended:
7.2(ii) Immediately upon the meeting called to order for the Slash Creek Condominium
Homeowners Association after fifty percent (50%) of the Units have been sold to others other than
the Declarant;

622742
� 4I1 [I l 111I 111111 E Ill I � 11 Il IT IN apaeor99 2'28 7 :24P
IN WITNESS WHEREOF, Declarant, also being the owner of the all Units or Slips and the
sole Board of Director, has caused this instrument to be executed the day and year first above
written.
SL 1.1 CREEK, L
BY: - &) `
John W. Dixon, Ma ger
NORTH CAROLINA, COUNTY OF TYRRELL
1, Penny C. Beasley_ _, certify that the following person personally appeared before
me this day, acknowledging to that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: John W. Dixon, Manager of Slash Creek, LLC, a
North Carolina Limited Liability Company
Witness my hand and official seal this I I'h day of September, 2007.
Notary Public
(SEAL -STAMP) My co fission expires;
PE�1NY �. eTura�i.ef
140IASY pL''51.1C
TYRRELI Couf0i,14.C.

Waste Water Operation Contract
BETWEEN: Albemarle Environmental, (ORC)
533 West Ocean Acres Drive, Kill Devil Hills, NC 27948
Represented by: David Pharr, Michelle Pharr
AND: Slash Creek Home Owners Association, (Owner)
57448 NC-12, Hatteras, NC 27953
David Spies
Slash Creek HOA BOD President
8680 Kimblewick LN NE
Warren, OH 44484
[phone]
WHEREAS: The Owner of the Slash Creek Condominium's Waste Water Treatment
System, (System), is seeking to attain an ORC to operate their system as required by the
15A NCAC 08G .0201 RESPONSIBILITY OF SYSTEM OWNERS TO DESIGNATE CERTIFIED
OPERATOR.
WHEREAS: The ORC is qualified to operate the Slash Creek Waste Water System as required
by the 15A NCAC 08G .0204 RESPONSIBILITIES OF AN OPERATOR IN RESPONSIBLE
CHARGE.
NOW. THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth,
the parties hereto agree as follows:
1. SERVICES
Responsible Operator in Charge of System
Inspection and operation of system as required by state issued permit.
Responsible for maintaining monitoring records and tests as required by permit.
** Dees not include lab fees
Sight visits 5 days per week operating waste water system by ORC or Back - Up
ORC as required by permit.
Regulatory operations of waste water system and inspections.
Provide preventative maintenance on equipment and motors.
Maintain a Back Up ORC
Pull Samples as required by permit and deliver to lab
Prepare and submit required reporting documents for the State and HOA.
,Albemarle
533 West Ocean Acres Environment al Drive * Kill Devil Hills * North Carolina * 27948
252-305-2744

2. REPAIRS OUTSIDE OF OPERATION CONTRACT:
The contract has been set up and designed to prevent unnecessary repair or
emergency invoicing by maintaining the system with sensible care and problem
solving expertise. However, should there become a need for repairs beyond the
scope of this agreement, or installation of upgrades to the system, The following
would apply:
Repairs outside of regular operations and routine maintenance or housekeeping
will be billed at a rate of $ 75.00 per hour. Parts and Materials billed at cost plus
10% to the customer. Customer, if chooses can purchase material for needed
repairs to save additional charges. Material and or Part Quality would need to
meet ORC approval.
When repairs are warranted that fall outside normal operation and routine
maintenance, the customer would be contacted for authorization before any
billable work is performed.
3. RATE FOR SERVICES:
Payment Frequency Monthly g 1,950.00 monthly preceding services.
4. CONTRACTOR INSURANCE:
Albemarle Environmental shall, at its own expense, obtain and maintain its own
insurance covering its obligations under this Agreement. Albemarle Environmental
will maintain $2,000,000.00 general liability insurance for the life of the contract.
Certificate of insurance shall be provided prior to May 1, 2016.
5. AGREEMENT
This contract goes into effect on May 1 s`, 2016 and continues
in effect until either party is notified, in writing, with intent to terminate contract.
Upon this notification, the contract will expire ninety days after notice.
ORC OWNER
Authori ed Signature , Date Authorized Signature' Date
Print Name Print Name
4AIbemarle
533 West Ocean Acres Environment al Drive * Kill Devil Hills * North Carolina * 27948
252-305-2744

David Spies
From: Michelle Pharr <[e-mail]>
Sent: Tuesday, March 29, 2016 2:31 PM
To: 'David Spies'
Subject: RE: Slash Creek Waste Water Operator Contract
Attachments: May 1st Slash Creek Contract revised march 29,2016.pdf
Mr. Spies,
I have attached a revised contract that includes the changes discussed. If you have questions, please contact David at
252-725-3871.
Best regards,
Michelle Pharr
From: David Spies [maiIto: [e-mail]]
Sent: Tuesday, March 29, 2016 9:43 AM
To: 'Michelle Pharr'
Subject: RE: Slash Creek Waste Water Operator Contract
Thank you Michelle and David,
If you can change the contact information from Staton to what I provided you and include language in the contract
around the liability insurance you carry, we can wrap this up...
David Spies
From: Michelle Pharr [mailto:[e-mail]]
Sent: Tuesday, March 29, 2016 9:18 AM
To:'David Spies' <[e-mail]>
Subject: RE: Slash Creek Waste Water Operator Contract
Mr. Spies,
I hope the following answers your questions regarding specific scope of services.
All items, included in the attachment, are specific requirements of the Slash Creek Waste Water Treatment System's
permitted monitoring requirements as issues by DWQ or the DWQ's standards of operation procedures for the
ORC. These items are addressed in the Albemarle Contract under SERVICES and under 15A NCAC 08G .0204.
Attachment Item 1:
In the Albemarle Contract, under SERVICES (section 1), the plant will be visited 5 days a week.
Item 1, a,b,c — Observation of performance: During a daily visit
Item 2, A — Testing back-up generator weekly is a condition of the Slash Creek WWTP permit.
Item 3, and 4 — Monitoring and reporting schedule for the Slash Creek WWTP is set forth in the permit.

Item 5, a — The DWQ requirement of the ORC or the Back - Up ORC is to respond to an alarm condition in a timely
manner.
Albemarle Environmental carries liability insurance. As contractors, we do not carry workman's comp.
If you have any question, please contact me at 252-725-3871.
Thank you,
David Pharr
From: David Spies [maiIto: davidspies2 gmail.com]
Sent: Monday, March 28, 2016 6:18 PM
To: 'Michelle Pharr'
Subject: RE: Slash Creek Waste Water Operator Contract
Thank you Michelle...
David Spies
From: Michelle Pharr [mailto:[e-mail]]
Sent: Monday, March 28, 2016 6:04 PM
To: 'David Spies' <[e-mail]>
Subject: RE: Slash Creek Waste Water Operator Contract
Mr. Spies,
I have received your e-mail and attachment. I will share with David and respond this evening.
Best regards,
Michelle Pharr
From: David Spies [maiIto: davidspies2 gmaiLcom]
Sent: Monday, March 28, 2016 5:50 PM
To: 'Michelle Pharr'
Subject: RE: Slash Creek Waste Water Operator Contract
Good afternoon Michelle and David,
First, in the contract I received, we need to change the HOA Representative to:
David Spies
Slash Creek HOA BOD President
8680 Kimblewick LN NE
Warren, OH 44484
[phone]
As mentioned in our phone conversation, Staton Martin is resigning, we are in the middle of seeking a new manager. I
hope not to be your primary contact for too darn long!

Second, I mentioned during our phone conversation that our current Enviro-Tech contract is a bit more explicit in the
services to be performed. As I mentioned during that conversation, I am illiterate in waste water treatment matters and
that the description of services provided in your contract may well include everything in the Enviro-Tech contract simply
be reference to permits, state law, etc. During that conversation I was also assured and have no reason to disbelieve
that Albemarle Environmental will perform beyond our expectations. Truthfully, some board members are ready to sign
while others want to get just a bit more assurance. As such, I have cut the Enviro-Tech service descriptions into the
attached PDF document for your review.
Something I neglected to ask about during the phone conversation is what type of insurance you carry and for what
amount. If you would not mind, can you include these in your contract and state that you will carry the insurance you do
carry for the life of the contract. Not having done this type of contract, I have extensive experience with software
related coverage and am used to seeing coverage for Errors and Omissions, Commercial General Liability, Worker's
Compensation and Employer's Liability (if you have paid employees that is) and Commercial Automobile Liability
Insurance. I am not particularly expecting you carry all of these, only giving examples.
If you will respond to these items, I believe we can get this behind us quickly and enter into an agreement.
Thank you for your consideration in this matter.
David Spies
From: Michelle Pharr [mailto:[e-mail]]
Sent: Monday, March 28, 2016 5:08 PM
To: [e-mail]
Subject: Slash Creek Waste Water Operator Contract
Good afternoon,
David asked me to send you an e-mail so that you could reply with questions/information that needed additional
answers/details. I look forward to hearing from you.
Michelle Pharr

STATE OF NORTH CAROLINA
COUNTY OF Select Permit No.
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (di) and entered into this . day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and
facilities in accordance with applicable permit provisions and law.
2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the common elements and shall thereafter be properly maintained
and operated in conformity with law and the provisions of the permit for construction, operation, repair,
and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment, collection and disposal system as a common element, which will receive the highest
priority for expenditures by the Association except for Federal, State, and local taxes and insurance.
FORM: HOA 01-20 Pagel of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
S. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION Name of ASS CIATION
S. Daniel Smith, Director
Division of Water Resources
B
(Signature)
. . %�X.4
`7
Print Name and Title
LIU1
(Date) (Date)
FORM: HOA 01-20
Page 2 of 2