NC0080098_Permit Issuance_20101129

Beverly Eaves Perdue
Governor
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NCDE14R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
November 29, 2010
Mr. Charles Salas, Senior Underwriter
ReProp Financial Mortgage Investors, LLC
4711 Viewridge Avenue, Suite #270
San Diego, CA 92123
Dear Mr. Salas:
Dee Freeman
Secretary
Subject: Issuance of NPDES Permit No. NCO080098
Linville Falls Mountain Preserve WWTP
McDowell County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant
to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or
as subsequently amended).
The following modifications in the September 29, 2010 draft permit remain in the final permit:
• The Owners name has been changed to ReProp Financial Mortgage Investors, LLC &
Diversified Lending Group, Inc. as tenants in common.
• The facility name has been changed to the Linville Falls Mountain Club Preserve (WWTP).
• Condition # 2 from the "Supplement to Permit Cover Sheet" has been modified.
• The Non -discharge- Spray Irrigation Permit' WQ0010273 has been rescinded.
• All Permit Limits and Monitoring requirements relating to the "Non -discharge Spray Irrigation
Permit" WQ0010273 have been deleted from your permit.
• All applicable "Footnotes" relating to WQ0010273 have been deleted.
• Your only option for disposal of treated effluent is discharge through the WWTP into the North
Fork Catawba River.
• Permit Condition A. (3.) has been deleted.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet" http://portal.nodenr.org/webfwglhome
An Equal Opportunity % Affirmative Acton Employer
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D EC - .9 2010
tr<form2lice-- PrCressing Unit
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CaTO11T1S

If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be'in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect the
legal requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, the Coastal Area Management Act or any other
Federal or Local governmental permit that may be required.' If you have any questions concerning
this permit, please contact Bob Guerra at telephone number [phone] or email at
(bob.auerra(ancdenr.gov}.
Sincerely,
Coleen H. Sullins
- . Enclosure: NPDES Permit NCO080098
cc: NPDES Unit
Central files
Asheville Regional Office I Surface Water Protection (Roger.edwardsCcr�.nc�gov) (ecopy)
Technical and Assistance Certification Unit - (steve.reid(&-ncdenr.gov) (ecopy)
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NO Carolina
Internet; http:llportal.ncdearorglweblwcllhoma
An Equal Opportunity l Affirmative Action Employer

Permit NCO080098
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
ReProp Financial Mortgage Investors, LLC & Diversified Lending Group,
Inc. as tenants in common
is hereby authorized to discharge wastewater from a facility located at the
Linville Falls Mountain Club and Preserve
17677 US Highway 221 North
Near Ashford, NC
McDowell County
to receiving waters designated as the North Fork Catawba River in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, Il, III and IV hereof.
This permit shall become effective January, 01, 2011.
This permit and authorization to discharge shall expire at midnight on December 31, 2014.
Signed this day November 29, 2010.
,Coleen H. Sullins, Director
J Division of Water Quality
By Authority of the Environmentai'Management Commission

z
Permit NCO080098
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked. As of this permit issuance, any previously issued permit bearing this
number is no longer effective. Therefore, the exclusive authority to operate and discharge
from this facility arises under the permit conditions, requirements, terms, and provisions
included herein.
ReProp- Financial Mortgage Investors, LLC & Diversified Lending Group, Inc. as
tenants in common is hereby authorized to:
1. Continue to operate an existing
treatment components:
♦ Influent flow meter
♦ Equalization tank
♦ Dual path aeration tanks
♦ Dual path clarifiers
Tertiary filters
♦ Chlorination and dechlodnation
♦ Effluent flow measurement
0.025 MGD WWTP consisting of the following
2. This facility is on the Linville Falls Mountain Club and Preserve, at 17677 US Highway
. 221 North, near Ashford, NC in Mc Dowell County.
3. After obtaining an Authorization to Construct from the Division to construct and
operate a 0.202 MGD wastewater treatment facility.
4. Discharge from said treatment works at the location specified on the attached map
into the North Fork Catawba classified C-Trout waters in the Catawba River Basin.

, Y
Is
Outfall
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Facility
Diversified Lending Group, Inc.
Linville Falls Mountain Club and Preserve W WTP
Location a'
Latitude: 350 52' 45.51" N State Grid: Linville Falls
not to scale
Longitude: 81056125.94" W Permitted Flow: 0.025/0.202MGD
Receiving Stream: North Fork Catawba River Stream Class: C-Trout
. NPDES Permit No. NCO080098
TO
Drainage Basin: Catawba River Basin Sub -Basin: 03-08-30
�
1Y McDowell County

Permit NCO080098
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on' the effective date of this permit and lasting until expiration or expansion beyond
0.025 MOD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
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50050 - Flow
0.025 MGD
Continuous
Recording
Influent or Effluent
00310 - BOD, 5-day (20°C)
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
(April 1- October 31)
00310 - BOD, 5-day (20°C)
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
(November 1 - March 31)
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00530-Total Suspended
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
Solids
00610 - NH3 as N
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
(April 1- October 31)
00610 - NH3 as N
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
(November 1 - March 31)
00300 - Dissolved Oxygen2
Weekly
Grab
Effluent. Upstream
& Downstream
31616 - Fecal Coliform
100 / 100 ml
200 / 100 ml
Weekly
Grab
Effluent
(geometric mean)
50060 - Total Residual
17 dig/L
2/Week
Grab
Effluent
Chlorine
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Weekly
Grab
Effluent Upstream
& Downstream
00600 - Total Nitrogen
Semi-annually
Composite
Effluent
(NO2+NO3+TKN)
00665 - Total Phosphorus
Semi-annually
Composite
Effluent
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30.0 mg/L
60.0 mg/L
Weekly
Grab
Effluent
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Weekly
Grab
Effluent
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream =1 mile downstream from the outfall.
2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
3. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory
(including field certified), even if these values fall below 50 ug/I.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO080098
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon expansion to beyond 0.025 MGD and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
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0.202 MGD
Continuous
Recording
Influent or Effluent
00310 - BOD, 5-day (20°C)
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
(April 1— October 31)
00310 - BOD, 5-day (20°C)
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
(November 1— March 31)
00530 - Total Suspended
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
Solids
00610 - NH3 as N
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
(April 1 —October 31)
00610 - NH3 as N
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
(November 1— March 31)
00300 - Dissolved Oxygen
Weekly
Grab
Effluent
Upstream &
Downstream
31616 - Fecal Coliform
100 / 100 ml
200 / 100 ml
Weekly
Grab
Effluent
(geometric mean)
50060 -Total Residual
17 pg/L
2/Week
Grab
Effluent
Chlorine3
00010 - Temperature (°C)
Weekly
Grab
Effluent
Upstream &
Downstream
00600 - Total Nitrogen
Semi-annually
Composite
Effluent
(NO2+NO3+TKN)
00665 - Total Phosphorus
Semi-annually
Composite
Effluent
00556 - Oil and Grease
30.0 mg/L
60.0 mg/L
Weekly
Grab
Effluent
00400 - pH
> 6.0 and < 9.0 standard
Weekly
Grab
Effluent
units
Footnotes:
1. Upstream = at least 100 feet upstream from the outfall. Downstream =1 mile downstream from the outfall. ,
2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
3. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory
(including field certified), even if these values fall below 50 ug/l.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

e '
Permit NCO080098
A. (3.) PHASED CONSTRUCTION CONDITION
Plans and specifications for the next phase and an Engineering Alternative Analysis (EAA) shall be
submitted when the flow to the existing units reaches 80% of the design capacity of the currently
installed (0.025 MGD) facilities. At no time may the flow tributary to the facility exceed the existing
design capacity.

W
DENR / DWQ / NPDES Unit
FACT SHEET FOR NPDES PERMIT- DEVELOPMENT
NPDES Permit No. NCO080098
Facility Information
Applicant/Facility Name_
ReProp Financial Mortgage Investors, LLC /
Linville Falls Mountain Club and Preserve
Applicant Address
4711 Viewrid a Drive Suite 270, San Diego, Ca 92123
Facility Address
17677 US Highway 221 North
Permitted Flow-(MGD).
0.025(existing) / 0.202 (proposed)
Type, of Waste
Domestic
Facility Grade ` .
2
County
McDowell
Facility Status.
Renewal
Regional Office .
ARO
Stream Characteristics
Receiving'Stream .
North Fork Catawba River
Stream Class.
C-Tr
Drainage Area (sq.mi.) '
11
Drainage basin.
Catawba
Suhimer 7Q10 (cfs)
3.3
Subbasin
030830
Vtlinter Ml 0. (cfs} . `:
5.2
Stream index;:
11-24-(1)
30Q2 cfs
7.4
303 d Listed*:,
No
g
Avers e Flow cfs ��,�
22
State Grid
D11NW
IWC °/a)
1.1 / 8.6
USGS To o Quad
Linville Falls
Summary: Linville Falls Mountain Club and Preserve operates a WWTP with phased flows
of 0.025 MGD and 0.202 MGD with a discharge of treated domestic waste into the North
Fork Catawba River. Ownership has changed several times since last permit was renewed
on 4-1-2005. New owners are listed above and have requested and received
documentation reflecting rescission Non -Discharge permit WQ0012073 from APS on 9-21-
2010.
Data Review: Facility has had three (3) enforcement cases since 3-5-07.
Daily O&G
5.75 mg/L
Daily FC
4.2 2001100 mL
Daily TRC
<15.00 u /L
Daily TSS
3.33 m /L
Daily Summer NH3
0.59 mg/L
Daily Winter NH3
1.10 m /L
Daily Summer BOD
3.00 mg/L
Daily Winter Daily BOD
2.70 m /L
Monthly Winter BOD
1.13 m /L
Monthly Summer BOD
2.3 mg/L
Monthly TSS
2.96 mg/L
Monthly Oil & Grease
2.33 mg/L
Winter Monthly NH3
1.61 mg/L
Summer Monthly NH3
0.92 m /L
Monthly Flow
0.0045 MGD
Fact Sheet
Renewal -- NPDES Permit NCO080098
Page 1

Proposed Permit Modifications
• Change of Ownership and Facility name change
• Deletion of Non -discharge permit WQ0012073 per permittee request.
PROPOSED SCHEDULE OF ISSUANCE
Draft Permit to Public Notice: September 29, 2010
Permit Scheduled to Issue: November 29, 2010
NPDES UNIT CONTACT
If you have questions regarding any of the above information or on the attached permit,
please contact Bob Guerra at [phone].
NAME:
DATE:
Regional Office Comments
NAME:
DATE:
NPDES SUPERVISOR: DATE:
Fact Sheet
.Renewal -- NPDES NCO080098
Page ?

NOCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 21, 2010
Charles J. Salas
Underwriter's Funding Group, LLC
4711 Viewridge Avenue, Suite 270
San Diego, CA 92123
Subject: Rescission of Reuse Permit
Permit No. WQ0012073
Linville Falls Club
McDowell County
Dear Mr. Salas:
Dee Freeman
Secretary
Reference is made to your request for rescission of the subject Reuse Permit. Staff from the Asheville
Regional Office has confirmed that this Permit is no longer required. Therefore, in accordance with your
request, Reuse Permit No. WQ0012073 is rescinded, effective immediately.
If in the future, you wish again to operate a non -discharge system, you must first apply for and receive a
new Reuse Permit.'Operating a non -discharge system without a valid Reuse Permit will subject the
responsible party to a civil penalty of up to $25,000 per day.
If it would be helpful to discuss this matter further, please do not hesitate to contact the Asheville
Regional Office, Aquifer Protection Section at [phone].
Sincerely,
CHS/edh
cc: McDowell County Health Department
Asheville - Aquifer Protection Regional Supervisor
Technical Assistance and Certification
Permit File WQ0012073
Fran McPherson, DWQ Budget Office
Bob Guerra, NCDWQ, SWP•Section
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604
Phone: [phone] FAX L• 919-715-0588; FAX 2: 919-715-60481 Customer Service:1-877-623.6748
Intemet: www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
11"i W 03
SEP .212010
P&NT SOURF'C RVW-4C4�
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in
NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <.L0 MGD
Mail the complete application to:
N, C. DENR /* Division of Water Quality, / NPDES. Unit
1617 .Mail Service Center, Raleigh, NC 2769.9-16.17
NPDES. Permit 000080098
If ' you are completing this form in computer use the TAB* -key or the up — down arrows to :move from one
;field to the .next. To check the boxes, click your, mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
ReProp Financial Mortgage Investors, LLC & Diversified lending.
Group; Inc., as tenants in common
Facility Name
Linville Falls Mountain Club jvreserve, formerly Imo*n as Blue
Ridge Country Club WVVTP
Mailing -Address
4711 Viewridge Dr., Suite 270
City
San Diego
State / Zip Code
CA 92123
Telephone Number
[phone]
Fax Number
[phone]
e-mail Address
[e-mail]
Z. Location of facility producing: discharge:
Check herelf, same address as above ❑
Street Address, or State Road 17677 US Highway 221 North
City
Marion
State / Zip Code
NC 28752
County
McDowell
3, Operator, Information:
Name of the- firm, public organization or other 'entity that operates the facility. (Note. that this is not
referring to the Operator in.Responsible Charge or ORC)
Naive. James & James Environmental Mgmt., Inc.
.Mailing Address P.O. Box 519
City Mountain Home
State / Zip Code NC 28758
Telephone: Number [phone]
Fax Number [phone] jUL 2 0 1 Q
P01NT L.-:jRr!9: ODAR.rne .
1 of 4 Form-D 05/08

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description :of wastewater:
Facilitp Generating Wastewater(check all that apply):
Industrial
❑
Number of Employees
Commercial
❑
Number of Employees.
Residential
X
Number of Homes Under 30
School
❑
Number of Students/ Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Subdivision
Population served:
5. Type of collection system
x. Separate- (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
'6. Outfall- Information:
Number of separate discharge points l
Outfall, Identification number(s). 001
Is the outfall equipped with a diffuser? ❑ Yes x No
Ti Name of receiving stream(s) (Provide a map shouiing the exact location of each .outfall):.
North Fork Catawba River
S. Frequency of Discharge:- X Continuous ❑ Intermittent
If intermittent:
Daps per -week discharge occurs: Duration:
9. Describe. the treatment system
List all'installed components, including capacities, provide design removal forBOD, TSS, nitrogen and
phosphorus. If the space provided :is not sufficient, attach the. description of the treatment system in a
separate sheet of paper.
2of4
Form-D 05I08

NPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
A 0.025 MGD Plant with equalization tank, dual path aeration tanks,7 dual path. clarifiers,
tertiary filter, chlorination and de -chlorination, flow meter. Operate a water reclamation
and distribution system for treated effluent from the WWTP as approved pursuant to the
prior non-4ischarge permit WQ0012.073,
3 of 4 ' Farm-D 05108

NPDES APPLICATION - FORM D
For privately owned treatment. systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.025 MGD
Annual Average daily flow 0.0044. TV[GD (for the previous 3 .years)
Miudmum daily flow 0.0130 MGD (for the previous 3 years)
11. Is this facility, located on Indian country?
Q Yes x No
12.. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. If more than one analysis is -reported, report dar7y maximum
and monthly average. If only one analysis is reported, report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement.
Biochemical Oxygen Demand (BODS)
8.4
3.4
:N1G/ L
Fecal Coliform
<4.0
1.7
#f% 100ML
Total Suspended Solids
7.36
4S
MG/L
Temperature (Summer)
27.5
24.6
C
Temperature (Wintet)
8.7
5.1
C
pH
7.8
7.5
UNITS
13..List all permits, coslstruCtion approvals :and/or applications:
Type Permit 'Number Type Permit Number
Hazardous: Waste ,(RCRA) NESHAPS (CAA)
i7.I�C (SDWA) Ocean Dumping (MPRSA)
NPDES NCO0800.9a Dredge or fill (Section 404 or CWA)
PSD (CAA) Other WQ0012013
Non -attainment program (CAA)
1.4: APPLICANT CERTIFICATION
I certify that I am famillsif with the information contained in the application -and that to the
best of my knowledge a beliefutch -information is true, complete, and accurate.
Printed name
Signature of
Title
*7//z/�!01�
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report,. plan, or other document- les or required to be maintained under Arficle.21 or regulations of the Environmental Management
Commission implementing that Article, or -who falsifies,.tampers-with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article. 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a- misdemeanor punishable by a fine not to exceed $25,000, !or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
4 of 4 Form-D 05108

2008005712
�.. MCDOWELL CO. NC FEE $116.00
PRESENTED & RECORDED'
09-08-2008 04:00:41 PM
PATRICIA A. REEL
~ REGMER OF DEEDS
BY, CAROLYN I REEL
DEPUTY REGISTER OF DEEDS
BK: CRP 974
PG: 1-35
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR LINVILLE FALLS DEVELOPMENT, FORMERLY KNOWN AS
BLUE RIDGE COUNTRY CLUB SUBDIVISION
This DECLARATION is made as of the 441k day of , 2008 by LINVILLE
FALLS CLUB PROPERTY OWNERS ASSOCIATIO*jPPE,C., formerly known as BLUE
RIDGE COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., a North
Carolina non-profit corporation, hereinafter referred to as "Association".
WITNESSETH
WHEREAS, Association is the duly organized association of property owners within the
Blue Ridge County Club Subdivision located in McDowell County, North Carolina developed as
an exclusive residential community; and
WHEREAS, Association desires to rename Blue Ridge Country Club Property Owners
Association, Inc. such that going forward the name thereof shall be the "Linville Falls Club
Property Owners Association, Inc." and desires to rename the Blue Ridge Country Club
Subdivision such that going forward the name thereof shall be the "Linville Falls Development';
and
WHEREAS, Association, desires to insure the attractiveness of the individual Home
Sites and Common Areas within Linville Falls Development and to prevent any future
impairment thereof, to prevent nuisances, to preserve, protect and enhance the values and
amenities of said Development and to provide for the maintenance and administration of the
Common Area, Private Street Rights -of -Way, entrances, landscaping, gates and other community
facilities located within Linville Falls Development; and
WHEREAS, Association deems it desirable, in order to insure the efficient preservation,
protection and enhancement of the values and amenities of Linville Falls Development and the
residents' enjoyment of the specific rights, privileges and easements in the community properties
and facilities, to be the organization which will be delegated and assigned the powers of owning
4949-9359-1857.02

CRP 974 2
and maintaining all Common Areas, administering and enforcing these covenants and restrictions
and collecting and disbursing the assessments and charges hereinafter imposed; and
WHEREAS, the Linville Falls Development, (known prior to the date hereof as the Blue
Ridge Country Club Subdivision) is subject to those Declarations of Covenants, Conditions and
Restrictions as recorded in Book 425 at Page 704 of the McDowell County Register of Deeds, as
amended, restated and supplemented (all amendments, restatements and/or supplements together,
being the "Prior Declaration"); and
WHEREAS, Owners totaling at least 80% of the Home Sites in the Linville Falls
Development, as required by the Prior Declaration, have duly voted to amend the Prior
Declaration as provided in this Declaration.
NOW, THEREFORE, Association hereby declares that "Property" defined herein, is
and shall be owned, held, transferred, sold, conveyed, and occupied subject to the covenants,
conditions, restrictions, easements, charges and liens contained in this Declaration, which
Declaration amends and restates the Prior Declaration, and which Declaration shall run with the
Property defined herein, and be binding upon (except as provided in Article V, Section 9
hereafter) and shall inure to the benefit of all owners thereof, their heirs, personal
representatives, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I --- DEFINITIONS
Section 1. "Architectural Review Committee " shall mean a committee of not
less than three, nor more than five, individuals selected by Declarant, of which one such
person shall be an Owner (as defined below) appointed by the Board of Directors, to
review plans and specifications as provided in Article IX hereof and to make the
determinations provided in said Article.
Section 2. "Association " shall mean Linville Falls Club Property Owners
Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
Any and all actions to be taken by the Association shall be taken by the Board of
Directors as and to the extent set forth herein and in the Bylaws of the Association.
Section 3. "Common Area " shall mean all real and personal property or
rights therein owned by the Association for the common use and enjoyment of the Owner
and designated as "Common Area" on any Plat of the Property duly recorded in the
McDowell County Public Registry, or in any supplementary declaration, and made
subject to the provisions of this Declaration, such Common Areas including, but not
being limited to, the Private Street Rights -of -Way; and all right, title, and interest of the
Association in and to the Designated Maintenance Items, whether such Designated
Maintenance Items are real or personal property, and whether, if such Designated
Maintenance Items are personal property, they are located upon Common Area or upon a
Home Site. The Common Area as of the date of this Declaration is more particularly
described in Article II, Section 3, below.
2
4949_9359-3837.02

CRP 974 3
Section 4. "Club " shall mean the Linville Falls Golf Club, LLC and its
successors and/or assigns that owns the property located adjacent to the Linville Falls
Development and to the east and south thereof, including the golf course, driving range,
clubhouse, parking areas, lodge, proshop and all other facilities constructed thereon and
used in connection therewith which shall be a private club, not a club that is maintained
by the Association, and not a Common Area.
Section 5. "Condominium " shall mean a dwelling unit in a residential
building subjected to the terms of Chapter 47C of the North Carolina General Statutes, or
any subsequently enacted statute governing Condominiums.
Section 6. "Declarant " shall mean Linville Falls Mountain Club and
Preserve, Inc., a North Carolina corporation, and its successors or assigns, until such time
as there ceases to be at least ten (10) Declarant Home Sites (as defined below), at which
time Declarant shall mean the Association.
Section 6.1. "Declarant Home Site " shall mean any Home Site, Lot Home Site,
Multi -Family Home Site or Multi -Family Tract owned by Declarant or Declarant's
affiliate.
Section 7. "Designated Maintenance Items " shall mean the following items
which are Iocated within the Private Street Rights -of -Way, and upon Common Area real
property, and, to the extent specifically provided below, upon Home Sites:
(a) Plants (including, but not limited to: trees, hedging, shrubs, flowers, ground
cover and grass).
(b) Light poles, fixtures, bulbs, traffic signals, wiring and all equipment related to the
use thereof, except for such items as are maintained by a public utility company;
to the extent they are so maintained.
(c) Decorative and screening walls, retaining walls, sitting walls, steps and walking
paths.
(d) Private streets, including, but not limited to, signage, curbs and gutter, asphalt or
other paving, crushed stone, striping, street signs, and storm drainage.
(e) Gatehouses and equipment, gates, fences, and walls.
(f) Irrigation lines, sprinklers, and fire hydrants installed by Declarant, whether
located upon Common Area or upon any Home Site.
(g) The Entrance Feature installed by Declarant near the intersection of Highway 221
with the Entrance Road.
3
4849-9359-3857.02

(h) The Disposal System. CRP 974 4
Section 7.1 "Disposal System " shall mean the water and wastewater collection
systems with pumps, wastewater treatment works and/or disposal facilities to provide
sanitary sewage disposal and water. Such shall include, without limitation, all pipes,
fixtures, pumps, wells, and other equipment.
Section 8. "Entrance Road" shall mean the roadway providing access to the
property from U.S. Highway 221, which Entrance Road traverses the Club in a westerly
direction from its intersection with U.S. Highway 221 to its intersection with Blue Ridge
Drive, and which Entrance Road includes that portion of Blue Ridge Drive North which
travels from such intersection to the intersection of Blue Ridge Drive South from such
intersection to the northeasterly corner of Lot 19 of Blue Ridge Country Club
Subdivision Phase 1-A.
Section 9. "Home Site " shall mean any plot of land, with delineated
boundary lines, shown upon any recorded subdivision map of the Properties with the
exception of any Common Area. "Home Site" shall also mean and refer to any
Condominium located in a building upon the Property which is shown on the plats and
plans of a Condominium recorded in the McDowell County Public Registry, and any
Townhouse -for -Sale. There are two (2) categories of Home Sites defined as follows:
(a) "Lot Home Site " shall mean all numbered lots shown on the maps recorded in
Map Book 4 at Pages 349 through 353; Map Book 4, Pages 411 through 416; Map
Book .4, Page 419; and Map Book 5, Pages 9 and 10 of the McDowell County
Public Registry; and any other Home Site which has been designated as a Lot
Home Site in any Supplementary Declaration of Covenants, Conditions and
Restrictions or any recorded plat of the Property or any portion thereof. The Lot
Home Sites are intended for construction of detached single-family dwellings.
(b) "Multi -Family Home Site" shall mean any Home Site that is a Condominium a
Townhome or a Multi -Family Tract (as defined below) which has been designated
in any Supplementary Declaration of Covenants, Conditions and Restrictions, or
any recorded plat of the Property or any portion thereof, or in any Condominium
Declaration or Declaration of Covenants, Conditions and Restrictions covering
any portion of the Property.
Section 10. "Member" shall mean the owners of property in the Blue Ridge
Country Club development entitled to membership in the Association.
Section 11. "Multi -Family Tracts" shall mean the Property labeled as "multi-
family home sites" on the Plats. Notwithstanding any such designation on the Plats, there
is no obligation to develop the Multi -Family Tracts for Condominium or Townhome-for-
Sale developments which may be developed for single-family residential purposes.
4
asa9.93s9•.3as7.oz

CRP 974 5
Section 12. "Owner" shall mean the record owner, whether one or more
persons or entities, of a fee simple title to any Home Site, Townhome or Condominium
which is a part of the Properties, including contract sellers and owners of an equity of
redemption, but excluding those having such interest in a Home Site solely as security for
the performance of an obligation.
Section 13. "Plats " shall mean those maps of the Properties recorded in Map
Book 4 at Pages 349 through 353; Map Book 4, Pages 411 through 416; Map Book 4,
Page 419; and Map Book 5, Pages 9 and 10 of the McDowell County Public Registry,
and any maps of the Properties within the Blue Ridge Country Club Subdivision or the
Linville Falls Development recorded in the Register of Deeds Office of McDowell
County prior to this amendment.
Section 14. "Private Street Rights -of -Way " shal l mean the Entrance Roads and
the streets currently or formerly identified as Blue Ridge Drive South, Blue Ridge Drive
North, Clinchfield Gap Road, Hunnicut Hollow, Hunnicut Mountain Road, Rocky
Branch Trail, Golf Course Overlook, Valley View Drive, Catawba Drive, Range Court,
Clinchfield Spur, Boulder Field Drive, Hunnicut Way, Hunnicut Spur, Hunnicut Court
and Indian Ridge Road on the maps recorded in Map Book 4, Pages 349 through 353;
Map Book 4, Pages 411 through 416; Map Book 4, Page 419; and Map Book 5, Pages 9
and 10 of the McDowell County Public Registry and those areas designated as Private
Street Rights -of -Way in deeds of portions of the Property, or in Supplemental
Declarations of Covenants, Conditions and Restrictions, which rights -of -way are for the
use of all Owners, their guests, employees, tenants and invitees, for the purpose of
ingress, egress and regress from portions of the Property to public streets by vehicle or
otherwise. All roadways constructed within said Private Street Rights -of -Way have been
initially constructed and installed by Declarant. All roadways constructed within said
Private Street Rights -of -Way other than the Entrance Road are located upon Home Sites
except that approximately one-half of the widths of Golf Course Overlook, Blue Ridge
Drive South and Blue Ridge Drive North are located on other property of Declarant, not
currently within the Property, shown as "Multi -Family Home Sites" on the Plats.
Section 15. "Properties" or "Property" shall mean the "Existing Property"
described in Article I1, Section 1 hereof and such additions thereto, as have been made or
as shall become subject from time to time to this Declaration under the provisions of
Article II hereof.
Section 16. "Townhome " shall mean any single-family residence for sale
located within a development including both lots and common areas owned or to be
owned by an association (other than the Association) of all of the owners of such lots,
other than a Condominium.
5
4849-9359-3857.02

CRP 974 6
ARTICLE II — PROPERTY SUBJECT TO THIS DECLARATION
AND ADDITIONS THERETO
Section 1. Existing Property. The Recitals set forth under the heading
"Witnesseth" on the first two pages of this Declaration are incorporated by this reference. The
real property which is and shall be held, transferred, sold, conveyed and occupied subject to this
Declaration, irrespective of whether there may be additions thereto as hereinafter provided, is
located in McDowell County, North Carolina and is (a) that property shown on maps recorded in
Map Book 4, Pages 349 through 353; Map Book 4, Pages 412 through 416; Map Book 4, Page
419; Map Book 5, Pages 9 and 10; and Map Book 5 Page 59; and those plats added and recorded
in Book 639, Page 36 and Book 712, Page 58 of the McDowell County Registry, and any
additional property added to the Linville Falls Club Subdivision by the recordation of plats in the
Register of Deeds Office which real property has been subjected, prior to the date hereof, to the
Prior Declaration.
This property shall be hereinafter referred to as "Existing Property".
Section 2. Additions to Existing Property. Additional property may be
brought within and made subject to the scheme of this Declaration and the jurisdiction of the
Association by Declarant in the following ways:
a Additional land within the area described in Schedule A attached hereto and
incorporated herein by reference or which is contiguous to the Property or the
property described in Schedule A may be annexed to the Property by Declarant
(but shall not be required to be annexed) and brought within the scheme of this
Declaration and within the jurisdiction of the Association, in future stages of
development, without the consent of the Association or the Members; provided,
however, that said annexations, if any, must occur on or before December 31,
2015.
(b) Additional residential property (and Common Area) outside of the area described
in the aforementioned Schedule A and not contiguous to the Property and/or the
property described on Schedule A may be annexed by Declarant to the Property
and brought within the scheme of this Declaration and the jurisdiction of the
Association with the consent of the Members entitled to at least sixty percent
(605/o) of the votes appurtenant to all Class A Home Sites and at least sixty
percent (60%) of the votes appurtenant to all Class B Home Sites, if any, as
hereinafter defined in Article III, Section.2. The Association may participate in
mergers or consolidations with other non-profit corporations organized for the
same or similar purposes as the Association, thereby adding to the Association, or
to a surviving homeowners association, the properties, rights and obligations of
the non-profit corporation with which it merges or consolidates. Any such merger
or consolidation shall have the assent of the Members as provided above in this
Subsection (b) and no such merger or consolidation shall revoke, change or add to
any of the provisions of this Declaration except as herein provided.
0
4949-9359-3857.03

CRP 974 7
(c) The additions authorized under Subsections (a) and (b) shall be made by filing of
record Supplementary Declarations of Covenants, Conditions and Restrictions
with respect to the additional properties which shall extend the scheme of this
Declaration and the jurisdiction of the Association to such properties and thereby
subject such additions to assessment for their just share of the Association's
expenses. Said Supplementary Declarations may contain such complementary
additions and modifications of the covenants, conditions and restrictions
contained in this Declaration as may be necessary to reflect only the different
character of the added properties and as are not inconsistent with the provisions of
this Declaration. Any Supplementary Declaration authorized under
Subsection (a) shall be executed by Declarant. Any Supplementary Declaration
authorized under Subsection (b) shall be executed by the Association and shall
recite the requisite vote to effect an addition under Subsection (b).
Section 3. Common Area. Those portions of the Existing Property which
are Common Area is as follows:
(a) The Entrance Road. The rights of the Owners and the Association in and to the
Entrance Road are subject to a non-exclusive easement created in favor of the
Club and its members and guests to use the Entrance Road to provide access to
and from U.S. Highway 221 to the Club. Each Owner, by accepting a deed to a
Home Site, acknowledges, consents to, and agrees to such right and easement, and
the further right and easement of the Club and its members and guests to maintain
security devices limiting access from the Entrance Road to the Club.
(b) The Private Street Rights -of -Way, including the crushed stone base, paving,
gutter, storm drainage facilities, but specifically excluding the real property over
the Private Street Rights -of -Way are located, it being acknowledged, understood,
consented to and agreed by each Owner, by acceptance of a' deed to a Home Site,
that the Association and Owners shall have easement rights in, but not fee
ownership of, such real property.
(c) Upon written assignment by Declarant, the entrance signs for the Properties
located at or near the intersection of Highway 221 with the Entrance Road and
towards the North and South border of the Properties.
(d) Upon written assignment by Declarant, the gate and gatehouse constructed or to
be constructed by the Declarant at or near the intersection of Highway 221 with
the Entrance Road, and such other gate, gatehouse, and security facilities as are
hereafter constructed or installed along the Entrance Road limiting access to the
Properties.
(e) The Disposal System for water and waste treatment as shown on the recorded
deed of record in McDowell County Register of Deeds in Book 522, Page 94.
7
4849-9359-%957,02

CRP 974 8
Section 4. Name Change. The Blue Ridge Country Club Subdivision shall
hereafter be known and described as the "Linville Falls Development"; it being express that all
Home Sites platted by reference in the McDowell County Public Registry to the "Blue Ridge
Country Club Subdivision" and the '`Linville Falls Development" shall be deemed to be located
within the Linville Falls Development, and that references herein to the Blue Ridge Country
Club Subdivision, if any, shall be read as references to the Linville Falls Development.
ARTICLE III — MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot Home Site, Condominium,
or Townhome shall be a member of the Association. Membership shall be appurtenant to and
may not be separate from ownership of such Lot Home Site, Condominium, or Townhome.
Section 2. Voting. The voting rights of the membership shall be appurtenant
to the ownership of a Home Site, Condominium, or Townhome. There shall be two classes of
voting rights with respect to voting. The voting rights of the Association shall be as follows:
(a) Class A voting rights shall belong to owners of Lot Home Sites, Condominiums
and Townhomes which have been transferred by the Declarant to a third party.
Each Class A owner shall be entitled to one (1) vote for each property owned.
When more than one person owns an interest (other than a leasehold or security
interest) in any property, all such persons shall be Members and the voting rights
appurtenant to said property may be exercised as they, among themselves,
determine, but in no event shall more than one (1) vote by cast with respect to any
one property.
(b) Class B voting rights shall be those voting rights appurtenant to Home Sites,
irrespective of category, owned by Declarant, which have not been converted to
Class A Horne Sites as provided in paragraphs (1) or (2) below. The Declarant
shall be entitled to four (4) votes for each Class B Home Site owned by Declarant.
The Class B Home Sites shall cease to exist and shall be converted to Class A Home
Sites:
(i) When the total number of votes appurtenant to the Class A Home Sites
equal the total number of votes appurtenant to the Class B Home Sites,
provided, that the Class B Home Sites shall be reinstated with all rights,
privileges, and responsibilities, if, after conversion of the Class B Home
Sites to Class A Home Sites hereunder, additional land containing Home
Sites is annexed to the Existing Property pursuant to Article II, Section 2
hereof; or
00 Declarant may at any time relinquish its rights under this Subparagraph (b)
by written instrument delivered to the Association.
8
4849.9359-3857,02

CRP 974 9
When the Class B Home Sites cease to exist and are converted to Class A Home Sites,
Declarant shall have the same voting rights as other owners of Class A Home Sites.
Section 3. Amendment. Notwithstanding the provisions of Section 2 above,
so long as Declarant owns at least ten (10) Home Sites, this Declaration and the Bylaws of the
Association may be amended in accordance with the terms hereof and the Bylaws; provided,
however, Declarant shall have the right to veto any proposed amendment that has an adverse
effect on the Declarant's rights hereunder at any time prior to the meeting of the Association to
vote thereon.
Section 4. Board of Directors. The Association shall be governed by a
Board of Directors (the "Board of Directors") in accordance with this Agreement and the Bylaws
of the Association (the "Bylaws").
ARTICLE IV — PROPERTY RIGHTS
Section I. Ownership of Common Areas. After the conveyance of seventy-
five percent (75%) of the Home Sites by Declarant to other Owners, Declarant shall convey any
Common Area owned by Declarant in fee simple (including without limitation the Entrance
Road) to the Association. Notwithstanding the recordation of any Plat or any other action by
Declarant, all Common Area shall remain private property and shall not be considered as
dedicated to the use and enjoyment of the public; provided, however, Declarant may, prior to
such date, at its sole option, convey all or any part of designated Common Area to the
Association. Notwithstanding the fact that the Declarant is still the owner of any of the
aforesaid, the Association shall be responsible for the upkeep and maintenance of the same as
soon as they are designated as Common Area by the Declarant or use by the Association or any
Owner has commenced or the Association or any Owner has the right to use the same.
Section 2. Owner's Rights to use and enjoy Common Area. Except as
limited by Section 3 of this Article IV, every Owner shall have the non-exclusive right and
easement to use and enjoy the Common Area established initially and in all additions to the
Property, which right and easement shall be appurtenant to and shall pass with the title to every
Home Site, subject to the following provisions:
(a) The right of the Association to promulgate and enforce reasonable regulations
governing the use of the same to insure the safety and rights -of all Owners;
(b) The right of the Association to suspend the voting rights and rights of an Owner
to the use of any Common Area for any periods during which an assessment
against his Home Site remains unpaid, and for a period not to exceed sixty (60)
days for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency, commission, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the Members. No such
9
4849-9359-3857.02

CRP 974 90
dedication or transfer shall be effective unless the Members entitled to at least
eighty percent (80%) of the votes appurtenant to all Class A Home Sites and all of
the votes appurtenant to all Class B Home Sites agree to such dedication or
transfer and sign their agreement by a signed and recorded written document,
provided that this Subsection shall not preclude the Board of Directors of the
Association from using and/or granting easements for the installation and
maintenance of water and sewage systems, utilities, including CATV and security
wiring, and drainage facilities upon, over, under and across the Common Area
without such agreement of the Members when such easements, in the sole opinion
of said Board, are requisite or desirable for the convenient use and enjoyment of
the Properties.
(d) The right of the Association, with the assent of Members entitled to at least eighty
percent (80%) of the votes appurtenant to each class of Home Sites (Class A and
Class B), to mortgage, pledge, deed in trust, or otherwise hypothecate any or all of
its real or personal property, as security for money borrowed or debts incurred.
Section 3. Delegation of Use.
(a) Family. The right and easement of enjoyment granted to every Owner in
Section 2 of this Article IV may be exercised by members of the Owner's family
for any period of time such members occupy the residence of the Owner within
the Properties, or the guests of the Owner.
(b) Tenants. The right and easement of enjoyment granted to every Owner in
Section 2 of this Article IV may be delegated by the Owner to his tenants or
contract purchasers who occupy a residence within the Properties, or a portion of
said residence.
(c) Guests. The right and easement of enjoyment granted to every Owner in
Section 2 of this Article IV may be utilized by guests of Owners, tenants or
contract purchasers subject to such rules and regulations governing said use as
may be established by the Board of Directors.
Section 4. Owner's Easements for Ingress and Egress. . Subject to the
terms hereof, and to the rules and regulations established from time to time by the Association as
herein provided, every Home Site shall be conveyed with a perpetual, non-exclusive right to use
any Private Street Rights -of -Way. Such easement shall exist as an appurtenant to each and every
Home Site whether or not it is mentioned in the deed of conveyance to such Home Site.
Section 5. Ownership of Water and Sewage Systems. Declarant has caused
(or will hereafter cause) water and sanitary sewage systems (such systems including, without
limitation, all pipes, fixtures, pumps, wells, and other equipment) to be constructed and installed
upon the Properties, including the Common Area and Private Street Rights -of -Way, and through
easements over certain Home Sites, for the benefit of Owners. Such water and sewer systems are
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hereinafter referred to as the "Disposal System". It is currently contemplated that the Declarant
shall convey such Disposal System to the Association, to be designated as a Common Area,
when the Disposal System is in compliance with all local, state and federal laws. Upon
acceptance of the Disposal System by the Association, each Home Site may pay an Assessment
as set forth below to the Association for the maintenance of the Disposal System. Each Owner
of a Home Site shall be responsible for maintaining any part of the Disposal System located upon
such Home Site, unless that portion of the Disposal System is not used exclusively to serve such
Home Site and is located within a sanitary sewer or water right-of-way applicable to the Home
Site. The Association shall be responsible for maintaining that portion of the Disposal System
located within any sanitary sewer or water easement agreement between the Association and any
Owner or any public or private uti lity company. Each Owner is required to connect the
residence located upon such Owners Home Site to the Disposal System at such time as the
Declarant constructs a line or lines from the Disposal System to a boundary of such Home Site.
Section 6. Rules and Regulations Regarding Parking Rights. The
Association may make such reasonable rules and regulations as it may elect with respect to the
parking of vehicles within the Private Street Rights -of -Way, or on other areas within the
Property, and the use of the Private Street Rights -of -Way and Common Area, provided all such
rules and regulations are applied uniformly to all Owners and their employees, agents, and
invitees and do not unreasonably limit access to Home Sites. The Association may, in its
discretion, prohibit parking on all Private Street Rights -of -Way without the approval of any
Owner. Declarant shall have sixty (60) days from the date of any action taken under this Section
to object in writing and veto such action.
Section 7. Rules and Regulations Regarding Security. The Board of
Directors may make such reasonable rules and regulations as it may elect with respect to the use
of the gatehouses and security systems, visitor screening, access to, and ingress and egress to and
from the Property. The Board of Directors shall have the authority to employ a private security
firm to provide security for the Property. The Board of Directors shall determine the scope and
hours of operation of all security services.
The Board of Directors and/or the Association (or any director, officer or shareholder)
makes no representation or warranty, direct or indirect, to any Owner regarding the security
provided for the Property and none shall be liable in any manner whatsoever for any loss, injury,
damage or death occurring on the Property, regardless of whether the same was the result of the
failure of the security provided in accordance with the terms hereof to prevent the same.
ARTICLE V — COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments.
The Owner of any Home Site, by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual
assessments or charges and (2) special assessments for capital improvements and other purposes,
such assessments to be established and collected as hereinafter provided. Any such assessment
or charge, together with interest, costs and reasonable attorney's fees shall be a charge on the
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Home Site, Condominium, or Townhome and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment together with interest, costs
and reasonable attorneys fees, shall also be the personal or corporate obligation of the Owner of
such Home Site, Condominium or Townhome at the time when the assessment fell due. The
personal obligation shall not be imposed upon such Owner's successors in the title unless
expressly assumed by the successors in title, but such unpaid assessment charges shall continue
to be a lien upon the property against which the assessment has been made.
Section 2. Purposes of Assessments and Duties of the Association. The
assessments levied by the Association shall be used exclusively to promote the recreation, health,
safety and welfare of the residents of the Properties and, in particular for the acquisition,
improvement, and maintenance of Properties, services and facilities devoted to this purpose and
related to the use and enjoyment of the Common Area, Private Street Rights -of -Way and Home
Sites including, but not limited to, the cost of repair, replacement and additions thereto and the
Designated Maintenance Items, the cost of labor, equipment, materials, management and
supervision thereof, the payment of taxes assessed against such property, the procurement and
maintenance of insurance in accordance with the Bylaws, the employment of attorneys to
represent the Association when necessary, payments of principal and interest on funds borrowed
for Association purposes, and such other needs as may arise.
Without limiting the generality of the above -described purposes, the Association shall be
responsible for maintaining the Disposal System for water and sewer only after acceptance of the
system from Declarant and shall pay for any needed maintenance and improvements through
Assessments as set forth below.
Without limiting the generality of the above -described purposes, the Association shall be
responsible for performing the following in a diligent and reasonable manner and the
assessments levied by the Association may be used for the following purposes:
(a) To maintain, when constructed, all Private Street Rights -of -Way in a first class
manner, so that the Private Street Rights -of -Way provide reasonably convenient
year-round access from U.S. Highway 221 to all of the Home Sites;
(b) To maintain all Common Area in accordance with the highest standards for such
private facilities;
(c) To keep all Common Area and Private Street Rights -of -Way clean and free from
debris and to maintain any other amenities in a clean and orderly condition, and to
maintain the landscaping therein in accordance with the standards for private
parks including any necessary removal and replacement of landscaping;
(d) To provide such security services as may be approved by the Association, subject
to the limitations of Section 7 of Article IV hereof, and subject to such terms and
provisions as are agreed upon with the Club and/or Declarant, as may be deemed
reasonably necessary for the protection of the Home Sites, Common Area, and
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Private Street Rights -of -Way from theft, vandalism, fire and damage from/to
animals and to maintain all security equipment;
(e) To pay all ad valorem taxes levied against the Common Area, Private Street
Rights -of -Way and any other property owned by the Association;
(fl To pay the premiums on all hazard insurance carried by the Association and all
public liability insurance carried by the Association and officers' and directors'
liability insurance;
(g) To pay all legal, management, accounting, architectural and other professional
fees incurred by the Association in carrying out its duties as set forth herein or in
the Bylaws;
(h) To maintain, when constructed, the gatehouse, entrance islands, entrance gates,
signs and landscaping on any entrance -way easements shown on the recorded
maps or reserved by Association in deeds to Home Sites;
(i) To maintain, when constructed, all Designated Maintenance Items located on
Common Areas, or, to the extent provided for hereinabove, on the Home Sites;
and
U) To provide for garbage and trash collection services for the Properties.
Section 3. Maximum Annual Assessments. Until July 1, 2009:
(i) The maximum annual assessment for each unimproved Lot Home Site
shall be $400; and
The maximum annual assessment for each improved Home Site, shall be
$19200.00.
In the event Declarant establishes additional or different categories of Home Sites, as
contemplated above, Declarant shall, in a Supplementary Declaration of Covenants, Conditions
and Restrictions, establish the amounts of assessment for such categories of Home Sites.
For purposes of this Declaration and determining the applicable annual amounts, a Lot
Home Site shall be conclusively deemed improved at such time as any grading, staking, delivery
of materials, or any other activity occurs with respect to or in preparation for the construction of
a residence upon such Home Site, provided that, effective as of August 6, 2005, when a lot is
sold by developer or an existing Lot Owner, the new owner of the lot(s) shall have twenty-four
(24) months from the date of closing to start home construction or the lot(s) will be deemed
improved and assessed at the then current Improved Home Site annual assessment rate
commencing on the next assessment billing date. Once a Lot Home Site has been conclusively
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CRP 974 14
deemed an Improved Home Site, such Lot Home Site shall remain an Improved Home Site
(except that Declarant Home Sites shall not be subject to the provisions of this paragraph).
(a) From and after July 1, 2009, the maximum annual assessment for each of the
above groups of Home Sites may be increased or decreased by the Board of
Directors effective January 1 of each year, without a vote of the Members, but
subject to the limitation that the percentage of any such increase shall not exceed
ten percent (10%) of the assessment for the previous year, or an amount equal to
the percentage increase in the United States Department of Labor Consumer Price
Index -All Urban Consumers (All Cities) from the effective date of the last annual
assessment to the effective date of the annual assessment being established,
whichever is greater, without a vote of the Members.
(b) The Board of Directors may fix the annual assessment at an amount not in excess
of the permitted maximum.
(c) From and after July 1, 2009, the maximum annual assessment may be increased in
excess of the above maximum assessment set forth in Paragraph (a) without
limitation if such increase is approved by no less than a majority of the votes
appurtenant to the Class A Home Sites and a majority of the votes appurtenant to
Class B Home Sites, cast in person or by proxy, at a meeting duly called for this
purpose.
(d) Any annual assessment established by the Association shall continue thereafter
from year to year as the annual assessment until changed by said Board.
Section 4. Special Assessments for Capital Improvements and Other
Matters. In addition to the annual assessments authorized above, the Board of Directors
may levy, in any assessment year, special assessment(s) for the purpose of defraying, in whole or
in part the cost of any repair or replacement of a capital improvement upon the Common Area
including repair or maintenance of the Disposal System for water and sewer, fixtures and
personal property related thereto, the gatehouse and the Private Street Rights -of -Way, if they
remain private, repayment of indebtedness and interest thereon, providing funds to pay for
unforeseen or unbudgeted expenditures, borrowing of funds to make property comply with
zoning ordinance(s) or environmental requirements, borrowing of money for capital
improvements and pledging or mortgaging of Association property as security for loans
("Special Assessments"), provided that any such assessment shall have the same assent of the
Members as provided in Section 3(c) of this Article V. Such assessments shall be calculated
with respect to the different categories of Home Sites in the manner set forth above with respect
to annual assessments.
Section 5. Assessment Rate and Collection. Both annual and special
assessments shall be collected on a quarterly, semi-annually or yearly basis as billed by the
Association. However, special assessments may be billed and collected as needed.
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Section 6. Notice of Quorum for any Action Authorized Under Sections 3
and 4. Written notice of any meeting called for the purpose of taking any action authorized
under Section 3 or 4 shall be sent to all Members not less than fifteen (I5) days or more than
forty-five (45) days in advance of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast fifty-one percent (51 %) of all the votes appurtenant to the
Class A Home Sites and the Class B Home Sites shall constitute a quorum. If the required
quorum is not present, subsequent meetings may be called subject to the same notice
requirements, and if the same is called for a date not later than sixty (60) days after the date of
the first meeting, the required quorum at the subsequent meetings shall be one-half (1 /2) of the
required quorum at the preceding meeting.
Section 7. Date of Commencement of Annual Assessments; Due Date;
Certificate of Payment. The annual assessment provided for herein shall commence as to a
Home Site on the first day of the month following the conveyance of such Home Site by
Declarant to a third party. No annual assessment shall commence with respect to a Home Site
until such Home Site has been sold and conveyed by Declarant to a bona fide third party. For
any Home Site that has been conveyed by Declarant to a third party or an affiliate of Declarant or
that is being developed by Declarant for the purposes of a "spec" home (each a "Spec Home
Site"), the annual assessment for such Spec Home Site shall commence on the first day of the
twenty-fourth month following the conveyance of such Spec Home Site. Declarant shall provide
Association written notification of conveyance of a Spec Home Site. The first annual assessment
shall be "maximum annual assessment" set forth in Section 3 of this Article V. At least thirty
(30) days before January 1 of each year, the Board of Directors shall fix the amount of the annual
assessment against each Home Site, and at least fifteen (15) days before January 1 of each year
shall send written notice of each assessment to every Owner subject thereto; provided, however,
the failure of the Association to establish such assessment amounts and to give notice thereof by
such dates shall not prohibit the establishment of an increase at a later date nor prohibit the
Association from collecting such increased assessment. The due dates for the payment of annual
and special assessments shall be established by the Board of Directors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Home Site have been paid.
Section S. Effect of Nonpayment of Assessments; Remedies of the
Association. Any Assessment not paid within ten (10) days after the due date shall incur a one-
time late charge in the amount of $10.00 and if not paid within thirty (30) days after the due date
shall bear interest from the due date at a maximum rate of eighteen percent (18%) per annum or
at the rate established by the Association at the beginning of the fiscal year of the Association,
whichever is less. The Association may bring an action at law against the Owner personally
obligated to pay the same or foreclose the lien against the property, and interest, costs and
reasonable attorneys fees of such action or foreclosure shall be added to the amount of such
assessment. No Owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area, Private Street Rights -of -Way or other property of the
Association or by abandoning his Home Site.
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Section 9. Subordination of the Lien to Mortgages. The liens provided for
herein shall be subordinate to the lien of any first mortgage or first deed of trust, pursuant to a
foreclosure thereof, and any such foreclosure shall extinguish the lien of such assessments as to
the payment thereof which became due prior to any sale or transfer pursuant to such foreclosure.
No such sale or transfer shall relieve such Home Site from liability for any assessments
thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue
to be subordinate to the lien of any first mortgage or deed of trust.
Section 10., Exempt Property. All Property dedicated to, and accepted by, a
local public authority and all properties owned by a charitable or non-profit organization exempt
from taxation by the laws of the State of North Carolina shall be exempt from the assessments
created herein. However, no land or improvements devoted to dwelling use shall be exempt
from said assessments.
Section 11. Assessment and Collection of Club Dues. Membership in the
Club generally requires the one-time payment of a membership joining payment called a
Membership Deposit or similar joining payment as well as payment of the membership dues,
fees and other amounts as set forth in the membership documents of the Club (the "Club
Charges"). Club Charges shall be determined by the Club and are subject to change as
contemplated by the membership documents of the Club (the "Membership Documents"). Club
Charges owed to the Club by an Owner that become delinquent under the terms and conditions
set forth in the Membership Documents ("Delinquent Club Charges") are deemed to constitute
Assessments, and the Association shall have a lien against the Homesite owned by the Owner
who is delinquent in the payment of Club Charges in the same manner as unpaid Assessments in
accordance with the lien and foreclosure provisions set forth in this Article V. The Board of
Directors and the Association hereby assigns and delegates its authority under this Section 11 to
the Club and/or the Club's attorney to enforce the lien for Assessments and foreclosure
provisions set forth in this Agreement relating thereto for the benefit of the Club. All Delinquent
Club Charges collected by the Association from any Owner are the property of the Club and
shall be immediately paid to the Club. Club hereby indemnifies Association from any claims
resulting from Club's actions under this Section 11.
ARTICLE VI --- EXTERIOR MAINTENANCE
Section 1. Improved Home Site Lots. The Owner shall maintain the
grounds and the improvements situated on each Home Site, including, but not limited to
plantings, landscaping, and lawns, at all times in a neat and attractive manner satisfactory to the
Board of Directors of the Association. Upon the Owner's failure to do so, the Association may,
at its option, after approval by a majority vote of the Board of Directors and after giving the
Owner ten (10) days written notice sent to their last known address, or to the address of the
Home Site, have the grass, weeds, shrubs and vegetation mowed, cut, cleaned or pruned when
and as often as the same is necessary in it judgment, and have dead trees, shrubs and plants
removed from such Home Site, and replaced, and may have any portion of the Home Site
reseeded or landscaped, and all expenses of the Association under this Article VI shall be a lien
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CRP 974 17
and charge against the Home Site on which the work was done and the personal obligation of the
then Owner of such Home Site. The Owner shall remove mud stains and any construction
discoloration from the foundation of any improvements upon completion of the improvement.
Upon the Owner's failure to maintain the exterior of any structure, including, without limitation,
the roof, walls, trim and foundation, in good repair and appearance, the Association may, at its
option, after approval by a majority vote of the Board of Directors and after giving the Owner
thirty (30), days written notice sent to his last known address make repairs and improve the
appearance in a reasonable and workmanlike manner. The cost of any of the work performed by
the Association upon the Owner's failure to do so shall be immediately due and owing from the
Owner of the Home Site and shall constitute an assessment against the Home Site on which the
work was performed, collectible in a lump sum and secured by the lien against the Home Site as
herein provided. Any entry on a Home Site by the Association, its agents or employees, to
perform the maintenance and repairs set forth herein, shall not be a trespass and an easement for
such entry is hereby granted.
Section 2. Unimproved Home Sites. The Owner shall maintain the grounds
of an unimproved Home Site to conform to a natural appearance free of debris, unnecessary
under growth and fallen trees. Upon the Owner's failure to do so, the Architectural Review
Committee may, at its option, after giving the Owner ten (10) days written notice sent to its last
known address, have the debris, under growth and fallen trees removed from such Home Site and
all expenses of the Association under this Article VI shall be a lien and charge against the Home
Site on which the work was done and the personal obligation of the then Owner of such Home
Site. Any entry on a Home Site by the Association, its agents or employees, to perform the
maintenance and repairs set forth herein, shall not be a trespass and an easement for such entry is
hereby granted.
ARTICLE VII -- USE RESTRICTIONS
Section 1. Residential Purposes Only. Each Home Site shall be used
exclusively for single-family, non -transient residential purposes, and garages and parking spaces
shall be used exclusively for the parking of passenger vehicles or light (i.e. non-commercial)
vans or pick-up trucks; provided, however, Declarant (and its designees) shall have the right to
use Home Sites designated from time to time by Declarant for the purpose of construction and
operation of a sales and marketing center, for model homes, and for related uses. No trade or
business of any kind shall be conducted upon a Home Site or any part thereof except by
Declarant as permitted above. Except as permitted herein, no structure shall be erected, placed,
altered, used or permitted to remain on any Home Site (other than a Multi -Family Home Site)
other than single-family detached private dwelling(s), and one (1) private garage.
Section 2. Obstructions. There shall be no obstructions of the Common
Area or Private Street Rights -of -Way, nor shall anything be kept or stored in such areas by any
Owner, nor shall anything be altered, or constructed or planted in, or removed from such areas,
without the prior written consent of the Association.
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Section 3. Restricted Actions by Owners. No owner shall permit anything
to be done or kept on the Properties which will result in the cancellation of or increase in cost of
any insurance carried by the Association, or any other Owner, or which would be in violation of
any law. No waste shall be permitted in the Common Area. Each Owner shall comply with the
laws, regulations, ordinances (including without limitation, applicable zoning ordinances) and
other governmental rules and regulations applicable to such Owner's Home Site(s).
Section 4. Signs. No sign of any kind (exclusive of street address
identification numbers, building permits and other signs that are legally required to be displayed)
shall be displayed on any Home Site; provided, however, the foregoing shall not act to restrict or
prohibit the Declarant from erecting and maintaining * custom made signs advertising the
Properties, or portions thereof, or prevent the Association from posting directional and other
signs relating to the use of the Properties. Notwithstanding the foregoing, all signs erected and
maintained on any Home Site, Common Area, or Private Street Rights -of -Way must conform to
all applicable governmental requirements. The Association and/or Declarant shall have the right
to install signs in the Common Area and along and in the Private Street Rights -of -Way.
Section 5. Damage to the Common Area. Each Owner shall be liable to the
Association for damage to property owned by either of them caused by the negligence or willful
misconduct of the Owner or his family, tenants, guests, agents, contractors, employees or
invitees.
Section 6. Rules of the Association. The Association shall have the power
and authority to promulgate rules and regulations to enable the Association to carry out the letter
and intent of this Declaration. All Owners shall abide by all rules and regulations so adopted by
the Association from time to time. The Association shall have the power to enforce compliance
with said rules and regulations by all appropriate legal and equitable remedies, and any Owner
violating such rules and regulations shall be liable to the Association for all damages and costs,
including reasonable attorney's fees, resulting from such violations.
Section 7. Animals. No animals, livestock or poultry of any kind shall be
kept or maintained on any Home Site or in any dwelling, except that dogs, cats or other
household pets may be kept or maintained, provided they are not kept or maintained- for
commercial purposes and except that Declarant may keep horses in appropriate areas of the
Property in conjunction with an equestrian facility that may be developed by Declarant. All dogs
must be kept contained, tied, or on leaders when within the Properties or on any Home Site. No
dog run may be constructed or maintained on any Home Site unless such dog run has been
approved in writing by the Architectural Review Committee. There shall be no recreational
trapping of animals on the Property.
Section 8. Waste. No Home Site shall be used or maintained as a dumping
ground for rubbish, trash or garbage. Waste of any nature shall not be kept on any Home Site
except on a temporary basis in sanitary containers. Such containers shall be screened from view
from the Common Area or from any other Home Site with materials approved by the
Architectural Review Committee.
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Section 9. Vehicles. No recreational vehicles or equipment, including a
motorboat, houseboat, motor home or other similar water -borne vehicle, nor any "camper"
vehicle, may be maintained, stored or kept on any portion of the Property, except in enclosed
garages or in areas specifically designated by the Architectural Review Committee.
Trucks with tonnage in excess of three -fourths (3/4) ton shall not be permitted to park
overnight within the Properties. No vehicle of any size that transports flammable or explosive
cargo may be kept within the Properties at any time. No vehicles that are not in operating
condition may be stored or situated on any Home Site unless stored in an enclosed garage.
The Owner of each Home Site will be responsible for providing on such Home Site
sufficient parking area for all vehicles normally parked and/or situated on such Home Site.
Section 10. No Drilling or Mining. No oil drilling, oil development
operation, oil refining, quarrying, or other mining operations of any kind shall be permitted upon
or in any Home Site. No derrick or other structure designed for use in quarrying or for drilling
for oil or natural gas shall be erected, maintained or permitted upon any Home Site.
ARTICLE VIII — EASEMENTS
Section 1. Utilities. Easements twenty-five (25) feet in width, for
construction, installation and maintenance of driveway, walkway, parking area, water line, gas
line, cable television, telephone, electric power line, sanitary sewer and storm drainage facilities,
security wiring and facilities, and for other utility installations are reserved over, under, through
and along the front boundary lines of all Home Sites (other than Multi -Family Home Sites):
easements fifteen (15) feet in width for such purposes are reserved over, under, through and
along all side boundaries of all Home Sites (other than Multi -Family Home Sites). Easements
twenty-five (25) feet in width, for construction, installation and maintenance of driveway,
walkway, parking area, water line, gas line, cable television, telephone, electric power line,
sanitary sewer and storm drainage facilities, security wiring and facilities, and for other utility
installations are reserved over, under, through and along the front and rear boundary lines of all
Multi -Family Home Sites; easements fifteen (15) feet in width for such purposes are reserved
over, under, through and along all side boundaries of all Multi -Family Home Sites. In the event
it is determined that other and further easements are required over any Home Site or Home Sites,
such easements may be established by the Declarant, including without limitation being
established by the filing of a Plat or Plan showing such easements, except that if any such
easements are reserved or established after the conveyance of a Home Site or Home Sites to be
affected thereby, the written assent of the Owner or Owners of such Home Site or Home Sites
and of the trustees and mortgages in deeds of trust constituting a lien thereon shall be required.
The Declarant may, without the consent or approval of the Owners, reserve and grant easements
for the installation and maintenance of water, sewerage, utility (including CATV and security
wiring), and drainage facilities over, under, and through the Common Area as provided for in
Article IV, Section 2 (c). Within any easements provided for above, no structure, planting or
other material shall be placed or permitted to remain which may interfere with the installation of
sewerage disposal facilities and utilities, or which may change the direction of flow or drainage
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channels in the easements or which may obstruct or retard the flow of water through drainage
channels in the easements.
Section 2. Maintenance of Designated Maintenance Items. The Declarant
or the Board of Directors, or any person authorized by it, shall have the right of access over each
Home Site to the extent necessary to perform its obligations of maintenance, repair, or
replacement of the Designated Maintenance Items.
ARTICLE IX — CONSTRUCTION OF IMPROVEMENTS
AND ARCHITECTURAL CONTROL
Section 1. Construction of Improvements.
(a) Notwithstanding anything contained within this Declaration to the contrary no
Owner shall undertake on any Home Site:
a. The location of any completed Improvement or any construction of any
Improvement, which shall include in addition to the actual erection of a
dwelling and its appurtenances, any staking, clearing, excavation, grading or
other site work;
b. Any landscaping, plantings or removal of plants, trees or shrubs other than
general maintenance of landscaping located pursuant to previously approved
landscaping plans; or
(i) Any modification, change or alteration of any Home Site or dwelling
thereon, whether functional or decorative, unless and until the type and
size thereof, and site plans showing the proposed location of the dwelling,
garage, and driveways upon the Home Site and final grades and
landscaping plans, shall have been approved in writing by the
Architectural Review Committee, and copies of said approved plans,
specifications and details shall have been filed with said Architectural
Review Committee. The Architectural Review Committee may refuse
approval of plans, location, exterior color or finish or specifications for
any reason, including purely aesthetic reasons, which in the sole discretion
of the Architectural Review Committee shall be deemed sufficient.
(b) The term "Improvement(s)" as used throughout this Declaration shall mean and
include all buildings, storage sheds or areas, roofed structures, parking areas,
loading areas, fences, walls, hedges, mass plantings, poles, driveways, ponds,
lakes, changes in grade or slope, site preparation, septic tanks, water wells,
utilities, facilities, swimming pools, tennis courts, signs, exterior illumination,
changes in any exterior Improvement(s) exceeding $1,000.00 in cost which may
not be included in any of the foregoing. The definition of Improvements) does
not include garden shrub or tree replacement or any other replacement or repair of
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any magnitude which ordinarily would be expensed in accounting practice and
which does not change exterior colors or exterior appearances. The definition of
Improvement(s) does include both original Improvement(s) and all later changes
and repairs to Improvement(s).
(c) The Association expressly reserves unto said Architectural Review Committee the
sole and exclusive right to approve the grade at which any dwelling shall hereafter
be erected or placed on a Home Site (subject only to compliance with the
regulation of public authorities having control thereof).
(d) The procedure to be followed by an Owner in obtaining approval from the
Architectural Review Committee is set forth in Section 22 of this Article IX.
Section 2. Floor Areas, Stories. The total heated floor area of the main
dwelling on each Lot Home Site, exclusive of porches, terraces, garages, basements, attics and
outbuildings, shall contain not less than 1,800 square feet of enclosed heated living space for a
one-story dwelling; 2,500 square feet total enclosed heated living space for a two-story dwelling.
Section 2.1. Square Footage for Multi -Unit. Multi -Family Housing will be
approved and/or determined on a case -by -case basis under guidelines established by the
Architectural Review Committee.
Section 3. Building Setback Lines. The main building on each Home Site
shall not be located on any Home Site nearer to the Home Site boundary line than the building
setback line approved by the Architectural Review Committee or, if a wider setback is required
by applicable zoning laws and other governmental requirements, as required by applicable
governmental requirements.
Setbacks may be modified by the Architectural Review Committee to recognize any
special topography, dimensional factors or other site -related conditions.
Section 4. New Construction. Construction of new buildings only shall be
permitted on a Home Site, it being the intent of this Covenant to prohibit the moving of any
existing building onto a Home Site and remodeling or converting the same into a dwelling.
Section S. Diligent Construction. All construction, landscaping or other
work which has been commenced on any Home Site located within the Property must be
continued with reasonable diligence to completion and no partially completed houses or other
improvements shall be permitted to exist on any Home Site, except during such reasonable time
period as is necessary for completion. In no case shall completion take more than 12 months,
except with permission of the Architectural Review Committee for good cause shown. Prior to
commencement of construction on any Home Site, the Owner shall provide a gravel driveway
with a minimum of five inches (5") of #5 crushed stone base from the paved street to the site of
the actual house construction area. No construction materials of any kind may be stored within
forty-five feet (45') of the street base. Any damage to the street, curb or sidewalk or any part of
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any Common Area or any utility system caused by the Owner or Owner's builder shall be
repaired by such responsible Owner. The Owner of each Home Site shall at all times keep
contiguous public and private area reasonably free from any dirt, mud, garbage, trash or other
debris which is occasioned by construction of improvements. Association may provide for the
cleaning of public and private areas due to the activities of the Owner or Owner's builder and
may assess the Owner a reasonable charge not to exceed the actual cost of such cleaning. Every
builder constructing improvements within the Properties shall, consistent with standard
construction practices, keep all portions of the Home Site free of unsightly construction debris;
shall at all times during construction either provide dumpsters for the containment of garbage,
trash or other debris which is occasioned by construction of improvements or take other
measures consistent with standard construction practices necessary to keep the Home Site free of
garbage, trash or other debris which is occasioned by the construction of Owners' improvements;
and shall be required to deposit a cash bond in the amount of $4,000.00 as set forth in Section 22
of this Article with the ARC to secure its obligations set forth in this paragraph. All Owners and
Owners' builders shall comply with such rules of the Association as are from time to time
adopted with respect to construction of improvements. Each Owner shall be responsible to
insure that any contractor employed by such Owner complies with all Builders' Rules adopted by
the Association from time to time.
Section b. Location of Improvements. In order to assure that buildings and
other structures will be located and staggered so that maximum view, privacy, sunlight and
breeze will be available to each building or structure within the confines of each Home Site, and
to assure that structures will be located with regard to the topography of each Home Site, taking
into account the location of large trees and other aesthetic and environmental considerations, the
Architectural Review Committee shall have the right to control absolutely (subject to the
provisions of zoning ordinances of the appropriate governmental authorities) the precise site and
location of any building or structure on any Home Site for any reason or reasons which may in
the sole an uncontrolled discretion and judgment of the Architectural Review Committee seem
sufficient. Such location shall be determined only after reasonable opportunity is afforded the
Owner of the Home Site in question to recommend a specific site. The provisions of this Section
shall in no way be construed as a guarantee that the view, privacy, sunlight or breeze available to
a building or structure on a given Home Site shall not be affected by the location of a building or
structure on an adjacent Home Site.
Section 7. Driveways and Landscaping.
(a) General. All grass, foliage and ground cover, and natural areas located on any
Home Site shall be neatly maintained at all times, consistent with a mountain
community setting.
(b) Driveways. The Architectural Review Committee may, from time to time,
establish guidelines for the color, location, alignment and materials to be used for
Home Site driveways. All driveway construction at the intersection of the
driveway with any Private Street Rights -of -Way must conform to the
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requirements of the Architectural Review Committee. Special paving materials,
such as brick, pavers, or exposed aggregate are encouraged to accent portions of
the driveway, preferably along the edges of the driveway and at the intersection of
the driveway with the Private Street Rights -of -Way.
(c) Landsca a Guidelines. The Architectural Review Committee reserves the right to
promulgate and amend, from time to time, landscape guidelines (referred to
hereinafter as the "Landscape Guidelines") which shall establish approved
standards, methods and procedures for landscape management on the Property,
and such authorized standards, methods and procedures may be utilized by the
Owners without prior written approval by the Architectural Review Committee.
No trees measuring six inches (6") or more in diameter at a point two feet (2')
above ground level, any flowering trees or shrubs, or any evergreens may be
removed without the prior written approval of the Architectural Review
Committee. Approval for the removal of trees located within ten feet 0 0') of the
main dwelling or accessory building or within ten feet (10) of the approved site
for such building will be granted unless such removal will substantially decrease
the attractiveness of the Property.
Section 8. Sediment Control. Sufficient sediment control measures
including, but not limited to, installation and maintenance of silt fences, straw base fences, storm
water inlet protection and temporary seeding, to the extent deemed reasonably necessary by the
Association, shall be taken by the Owner or Owner's builder to ensure that all sediment resulting
from land disturbance or construction operations is retained on the Home Site in question. All
sediment control measures must be maintained until such Home Site has been permanently
stabilized with respect to soil erosion.
Section 9. Swimming Pools; Tennis Courts. No swimming pool, hot tub,
Jacuzzi or tennis count shall be installed or erected on any Home Site until the plans and
specifications for same showing the nature, kind, shape, materials, height and location of the
same shall have been approved by the Architectural Review Committee.
All tennis courts must be naturally screened from adjacent Home Sites and Common
Area, and windscreens should not be greater than ten feet (10') in height. A plot plan showing
the tennis court location shall be submitted to the Architectural Review Committee showing any
and all proposed grading and screening. Design and color of fencing materials should blend
naturally into the surrounding area and plant materials should be added where necessary to soften
the visual impact. Surface colors shall be soft and not highly reflective. Night -lights for tennis
courts will be permitted at the discretion of the Architectural Review Committee.
Section 10. Fences and Walls. All walls shall be constructed of brick,
wrought iron, wood (other than split rail), stone or stucco and shall not exceed eight feet (8') in
height. Owners must obtain from the Architectural Review Committee its written approval of
any proposed fence, hedge or wall, including, approval of the location and materials, before
erecting or installing the same.
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CRP 974.24
Section 11. Garages. Each single-family detached residence located upon a
Home Site shall include an attached garage or approved carport. Any garage or carport located
upon any Home Site must be fully consistent in design with the overall architectural design of
the dwelling on the Home Site as determined by the Architectural Review Committee.
Section 12. Sight Line Limitations. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between two feet (2) and six feet (6) feet above
roadways shall be placed or permitted to remain on any corner Home Site in such a manner as to
interfere with visibility along the intersecting roadways. The same sight line limitations shall
apply on any Home Site within ten feet (10') from the intersection of a street property line with
the edge of a driveway or alley pavement.
Section 13. Septic Tanks and Wells. Septic tanks and water wells may be
installed, used and maintained on any Home Site only until such time as the Disposal System is
completed and sanitary sewer and water lines are completed to a boundary of the Home Site. At
such time, use of any such septic tank and water well must be discontinued. Notwithstanding the
foregoing, plans for any such septic tanks or water wells must be submitted to the Architectural
Review Committee in accordance with Section 1 of this Article IX; and written permission of the
Architectural Review Committee must be obtained prior to the installation, use and maintenance
of any such septic tanks or wells.
Section 14. Conditioning Equipment. Air conditioning and heating apparatus
shall be installed in such locations as are approved by the Architectural Review Committee, and
shall be screened as required by the Architectural Review Committee.
Section 15. Antenna. All exterior antenna, earth satellite station, microwave
dish, or other similar equipment and its location on the Home Site must be approved by the
Architectural Review Committee.
Section 16. Gas Meters. No gas meters shall be set in the front of a residence
on a Home Site unless such meter is of an underground type.
Section 17. Mail Boxes and Newspaper or News Box. No mailbox,
newspaper or news box shall be erected or maintained on any Home Site unless approved by the
Architectural Review Committee.
Section 18.. No Clothes Line. No clothes lines of any description or type, or
the outside drying of clothes, shall be allowed on the outside of the dwelling unit on any Home
Site.
Section 19. Hoses and Pipes. Except for the temporary use of hoses and the
like which are reasonably necessary in connection with normal lawn maintenance, no hose, water
pipe, sewer pipe, gas pipe, drainage pipe, television cable or other similar transmission line shall
be installed or maintained upon any Home Site above the surface of the ground, unless such
installation is expressly approved by the Architectural Review Committee.
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Section'20. Play Equipment. No play equipment shall be maintained on any
Home Site except in locations approved by the Architectural Review Committee, and all play
equipment shall be placed so that it is not visible from any street.
Section 21. No Subdivision of Home Sites. Except with the written consent
of Declarant, no Lot Home Site, Multi -Family Home Site or Multi -Family Tract shall be
subdivided by sale, lease or otherwise so as to reduce the total Lot Home Site, Multi -Family
Home Site or Multi -Family Tract area as shown on the recorded Plat; however, portions of Lot
Home Sites, Multi -Family Home Sites or Multi -Family Tracts may be added to other Lot Home
Sites, Multi -Family Home Sites or Multi -Family Tracts so long as the total number of Home
Sites is not increased. The provisions of this Section 21 shall not apply to Declarant Home Sites.
Section 22. Procedure. No improvements of any kind or nature shall be
erected, remodeled or placed on any Home Site until all plans and specifications therefor a site
plan therefor been submitted to and approved in writing by the Architectural Review Committee,
as to:
a. Location with respect to topography and finished grade elevation and effect of
location and use on neighboring Home Sites;
b. Quality of workmanship and materials, adequacy of site dimensions, and
alignment of main elevation with respect to nearby streets;
c. Conformity and harmony of the external design, color, type and appearance of
exterior surfaces and landscaping; and
d. The other standards set forth within
hereto) or as may be set forth
Architectural Review Committee, c
Review Committee has been veste(
interpretation and decision.
this Declaration (and any amendments
within bulletins promulgated by the
►r matters in which the Architectural
l with the authority to render a final
Final plans and specifications for all improvements proposed to be constructed on a
Home Site shall be submitted in duplicate to the Architectural Review Committee for approval or
disapproval. The Architectural Review Committee is authorized to request the submission of
samples of proposed construction materials. At such time as the plans and specifications meet
the approval of the Architectural Review Committee, one (1) complete set of plans and
specifications will be marked "Approved" and returned to the Home Site Owner or his
designated representative and the remaining set will be filed in the offices of the Architectural
Review Committee. If found not to be in compliance with these covenants, conditions and
restrictions or if found to be otherwise unacceptable to the Architectural Review Committee
pursuant hereto, one (1) set of plans and specifications shall be returned to the Home Site Owner
marked "Disapproved", accompanied by a reasonable statement of items found not to be in
compliance with these Covenants, Conditions and Restrictions or otherwise being so
unacceptable. Any modification or change to the "Approved" set of plans and specifications
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must again be submitted in duplicate to the Architectural Review Committee for its inspection
and approval. The Architectural Review Committee's approval or disapproval, as required
herein, shall be in writing. Once the Architectural Review Committee has approved the plans
and specifications for the improvements, the construction of such improvements mut be
promptly commenced and diligently pursued to completion and if such construction is not
commenced within twelve (12) months following the date of approval of the plans and
specifications therefore will be rescinded and before construction of improvements can thereafter
be commenced on the Home Site in question, the plans and specifications therefore must a ain
be approved by the Architectural Review Committee pursuant to this Article IX. g
The final plans and specifications are referred to in the preceding paragraph shall mean
the following:
(k) Final site plan and drainage plan which is dimensional and shows topography at
two foot (2') contours (at a scale of one inch 0 ") equals twenty feet (20') or at a
larger scale);
(i) Final floor plans at a scale of one-fourth inch ( 1 /4") equal one foot (1' );
00 Final elevations, showing all sides, and accurate grade at a scale of one-
fourth inch (1/4") equals one foot (11); and
(iii) All material selections and color selections.
In addition to the procedure described in this section, and in recognition of the cost
involved in producing the final plans and specifications, the Home Site Owner may request a
preliminary review of the design of the improvements upon the submission of the following:
G) Schematic site plan and drainage plan, which is dimensional and shows
topography at two foot (2') contours (at a scale of one inch (1 ") equals 20
feet (20') or at a larger scale);
00 Schematic floor plans at a scale of one-fourth inch (1 /4") equals one foot
(1'); and
Final elevations, showing all sides, and accurate grade at a scale of one-
fourth inch (1 /4") equals one foot (I").
The Architectural Review Committee may from time to time publish and promulgate
architectural standards bulletins which shall be fair, reasonable and uniformly applied in regard
to the Home Sites and shall carry forward the spirit and intention of these Covenants, Conditions
and Restrictions. The Architectural Review Committee shall be responsive to technological
advances or general changes in architectural design and materials and related conditions in future
years and use its best efforts to balance the equities between matters of taste and design (on the
one hand) and use of private property (on the other hand). Such bulletins shall supplement these
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Covenants, Conditions and Restrictions and are incorporated herein by reference. The
Architectural Review Committee may refuse approval of plans, location, exterior color or finish
or specifications for any reason including purely aesthetic reasons, which in the sole discretion of
the Architectural Review Committee shall be deemed sufficient.
An Owner may defer submitting landscape plans to the Architectural Review Committee
until no later than six (6) months after the commencement of construction on his Home site. The
procedure for review and approval of such plans shall be the same as that provided for the other
plans, except that no separate fee shall be required.
At such time as an Owner.submits its final plans and specifications to the Architectural
Review Committee for consideration, in accordance with the terms of this Section 22, an Owner
shall likewise pay to the Architectural Review Committee a review fee, which review fee shall
be $600.00 for new improvements, or $450.00 for additions, renovations or repairs to existing
improvements. Said review fee shall be nonrefundable.
In the event that the final plans and specifications submitted to the Architectural Review
Committee are approved in accordance with the terms of this Section 22, prior to commencing
any work shown on the approved plans and specifications,
Owner
Association a `'Compliance Bond" to ensure comp etion of the imrovements in ernsdance with
with the
the approved plans and specifications. The Compliance Bond shall be refunded in full to Owner
upon completion of the improvements in accordance with the approved plans and specifications
and compliance with the terms contained herein. The amount of the Compliance Bond shall be
$4,000.00 for new improvements or $1,000.00 for additions, renovations or repairs to existing
improvements. Also upon approval of the final plans and specifications and prior to
commencing construction of new residential improvements on a Home Site, Owner shall pay to
the Declarant a nonrefundable "Tap Fee" in the amount of $2,750.00.
Section 23. Governmental Requirements. Nothing herein contained shall be
deemed to constitute a waiver of governmental requirements applicable to any Home Site and all
applicable governmental requirements or restrictions relative to the construction of
improvements on and/or use and utilization of any Home Site shall continue to be applicable and
shall be complied with in regard to the Home Sites.
Section 24. Jurisdiction. The Architectural Review Committee is authorized
and empowered to consider and review any and all aspects of the construction of any
improvement on a Home Site which may, in the reasonable opinion of the Architectural Review
Committee, adversely affect the living enjoyment of one or more Owners or the general value of
the Property.
Section 25. Enforcement.
(a) The Association shall have the specific right, but not the obligation, to enforce the
provisions contained in this Article of this Declaration and/or to prevent any
violation of the provisions contained in this Article of this Declaration by a
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CRP 974 28
proceeding at law or in equity against the person or persons violating or
attempting to violate any such provisions contained in this Article of this
Declaration.
(b) As to nonconforming or unapproved improvements, the Association may require
any Owner to restore such Owner's improvements to the condition existing prior
to the construction thereof (including, without limitation, the demolition and
removal of any unapproved improvements) if such improvements were
commenced or constructed in violation of this Article IX. In addition, the
Association may or may not employ such third parties as it deems necessary, but
has no obligation to, cause such restoration, demolition and removal and levy the
amount of the cost thereof as a special individual assessment against the Home
Site upon which such improvements were commenced or constructed.
Section 26. Failure of the Architectural Review Committee to Act. If the
Architectural Review Committee fails to approve or disapprove any plans and specifications and
other submittal which conform (and which relate to Improvements which will conform) with the
requirements hereof or to reject them as being inadequate or unacceptable within forty-five (45)
days after the receipt thereof, and provided such submittal was a full and complete submittal of
all items that were to have submitted to the Architectural Review Committee and provided the
Architectural Review Committee shall again fail to approve or disapprove of such plans,
specifications and other submittal within ten (10) days after additional written request to act on
such items is delivered to the Architectural Review Committee following the passage of such
first above described forty-five (45) day period, it shall be conclusively presumed that the
Architectural Review Committee has approved such conforming plans and specifications and
other submittal, except that the Architectural Review Committee has no right or power, either by
action or failure to act, to waive or grant any variances relating to any mandatory requirements
specified in this Declaration, except where variances shall expressly be permitted herein. If
plans and specifications or other submittal are not sufficiently complete or are otherwise
inadequate, the Architectural Review Committee may reject them as being inadequate or may
disapprove or approve part, conditionally or unconditionally, and reject the balance. The
Architectural Review Committee is authorized to request the submission of samples of proposed
construction materials.
Section 27. Limitation of Liability. Neither the Architectural Review
Committee nor the members thereof nor the Association nor Declarant shall be liable in damages
or other wise to any Owner by reason of mistake of judgment, negligence or nonfeasance arising
out of or in connection with any submittal for approval or disapproval or failure to approve or
disapprove any plans or specifications. Every person who submits plans or specifications, and
every Owner of any property agrees that he will not bring any action or suit against Association,
the Association, the Architectural Review Committee, the Board of Directors, the Declarant or
the officers, directors, members, employees and agents of any of them,. to recover any such
damages and hereby releases, renounces and quitclaims all claims, demands, and causes of action
arising out of or in connection with judgment, negligence or nonfeasance and hereby waives the
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CRP 974 29
provisions of any law which provide that a general release does not extend to claims, demands
and causes of action not known at the time the release is given.
Section 28. Design Guidelines. The Architectural Review Committee may,
from time to time, publish and promulgate Design Guidelines (herein so called), and such Design
Guidelines shall be explanatory and illustrative of the general intent of the development of the
Property and are intended as a guide to assist the Architectural Review Committee in reviewing
plans and specifications. In any event, such Design Guidelines shall not be binding upon the
Architectural Review Committee and shall not constitute, in every event, the basis for approval
or disapproval of plans, specifications and other materials submitted to the Architectural Review
Committee for approval.
Section 29. Variances. Upon submission of a written request for same, the
Architectural Review Committee may, from time to time, in its sole discretion, permit Owners to
construct, erect or install Improvements which are at variance with the setback requirements,
architectural standards or similar provisions of this Declaration or Supplemental Declarations
which may be promulgated in the future. In any case, however, such variances shall be in basic
conformity with and shall blend effectively with the general architectural style and design of the
community and shall not materially change the scheme of restrictions herein set forth. Written
requests for variances shall be deemed to be disapproved in the event the Architectural Review
Committee has not expressly and in writing approved such request within thirty (30) days of the
submission of such request. No member of the Architectural Review Committee shall be liable
to any Owner for any claims, causes of action or damages arising out of the grant or denial of
any variance to any Owner. Each request for a variance submitted hereunder shall be reviewed
separately and apart from other such requests and the grant of a variance to any Owner shall not
constitute a waiver of the Architectural Review Committee's right to strictly enforce the
covenants, restrictions and architectural standards provided hereunder against any other Owners.
Section 30. Architectural Review Committee Address. All plans and
specifications and fees related thereto as are required to be submitted under this Article IX shall
be mailed (except as otherwise provided herein) to the Architectural Review Committee, Linville
Falls Club Property Owners Association, 210 Blue Ridge Drive North, Marion, NC 28752, or at
such other place as the Association may designate. The date of receipt of the plans and
specifications must be established by receipt signed by an employee in the office of Association
or such other party as the Architectural Review Committee may designate. The address of the
Architectural Review Committee may be changed from time to time by written notice to the
Owners at the last address of each Owner as shown on the records of the Association. Such
address shall be the place of the submittal of any plans and specifications and the place where the
current rules and regulations, if any, of the Architectural Review Committee shall be kept.
Section 31. No Liability for Design Defects. Plans and specifications are not
approved for engineering or structural design or quality of materials, and by approving such
plans and specifications neither Declarant, the Architectural Review Committee, the members
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CRP 974 30
thereof, nor the Association assumes liability or responsibility therefor, or for any defect in any
structure constructed from such plans and specifications.
Section 32. Utilities. All utilities and utility connections shall be located
underground, including electrical and telephone cables and wires and security wiring.
Transformers, electric, gas or other meters of any type, or other apparatus shall be located at the
rear of the buildings constructed on Home Sites, or if approved by the Architectural Review
Committee in writing, located elsewhere on the Home Site provided they are adequately
screened as required by the Architectural Review Committee in accordance with the provisions
of this Declaration. Each Owner shall provide the company providing telephone service to the
Owner's Home Site with a dedicated electrical outlet upon request.
Section 33. Approval of Contractors by Association. Prior to performing
any work within the Properties, a contractor retained by an Owner to perform such work must be
approved by the Association. No person, firm or entity shall be approved as a contractor unless
such person, firm or entity obtains his income primarily from construction or landscaping of the
type which the contractor is to perform and is licensed by the State of North Carolina for his
services. No Owner will be permitted to act as his own builder for the exterior of any structure,
except where Owner obtains his income primarily from the construction of the type of structure
to be constructed and otherwise as a licensed service provider meets the qualifications for
approval by Association.
Section 34. Final Inspection of Improvements. At the completion of all
construction in accordance with the plans submitted, the Owner shall request an on -site
inspection by Association. No home may be occupied until an occupancy permit has been issued
by Association. Approvals will not be unreasonably withheld, but in addition to the above, the
following will be required:
(i) Final landscaping plans must be approved and carried out without undue
delay;
Exterior lighting must be approved; and
All cleanups must be completed.
ARTICLE X — SPECIAL RESTRICTIONS AFFECTING COMMON AREAS
Section 1. Association's Right of Entry. The Association reserves unto
itself, its successors and assigns the right to go on, over and under the ground to erect, maintain
and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer,
water or other public conveniences or utilities in the Common Area. These reservations and
rights expressly include the right to cut any trees, bushes, or shrubbery, make any grading of the
soil, or take any other similar action reasonably necessary to provide economical and safe utility
installation and to maintain reasonable standards of health, safety and appearance. The
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CRP 974 31
Association further reserves the right to locate wells, pumping stations and tanks within the
Common Area. Such rights may be executed by any contractor or licensee of the Association.
Section 2. Prohibition Against Dumping. No' dumping of trash, garbage,
sewage, sawdust. or other similar materials shall occur and no unsightly or offensive materials
shall be placed upon the Common Area, except as is temporary and incidental to the bona fide
improvement of the area in a manner consistent with its classification as Common Area.
Section 3. No Public Rights. The establishment of the Common Area does
in no way grant to the public or to the Owners of any surrounding or adjacent land the right to
enter such Common Area without the express permission of the Association.
ARTICLE XI -- RIGHT OF FIRST REFUSAL
Section 1. Applicability. No unimproved Home Site may be sold by any
Owner except in compliance with the provisions of this Article XI.
Section 2. Right of First Refusal. In the event any Owner receives a bona
fide written offer from a third party to purchase his unimproved Home Site which he desires to
accept, such Owner shall immediately notify the Declarant of such offer and shall forward a copy
of said written offer, together with the name and address of the offeror, to the Declarant. Upon
receipt of said notice, Declarant shall have fifteen (15) days to notify such Owner that it desires
to purchase his Home Site on the same terms and conditions as set forth on the offer. If
Declarant notifies such Owner of its desire to purchase the Home Site, then the Owner shall
convey the Home Site to the Declarant according to the provisions of Section 3 below. In the
event that the Declarant elects not to purchase the Home Site or fails to notify the Owner of its
decision within such fifteen (15) day period, then the Owner may sell the Home Site to the third
party offeror on terms and conditions no less favorable to the Owner than those set forth in the
original offer; provided, however, that if such sale and conveyance does not take place to the
original third party offeror within one hundred twenty (120) days after the Deciarant's failure to
exercise its right of first refusal, then the Home Site shall again become subject to the terms and
provisions of this Article XI. Any conveyance by an Owner to a third party offeror shall be
subject to the terms and conditions of this Declaration.
Section 3. Transfer to Declarant. In the event that Declarant exercises its
right of first refusal pursuant to Section 2 hereof, the closing of the conveyance of such Home
Site shall occur as provided in such third party offer. At the closing, Declarant shall make such
payments in cash, by a promissory note, or otherwise to the Owner as described in the third party
offer. Owner shall deliver to Declarant a general warranty deed conveying the Home site free
and clear of all exceptions except as may be set forth in the written offer and subject to this
Declaration. In the event the closing occurs after the death of an Owner, Declarant may, in its
own discretion, require the personal representative of the Owner to post such bonds or other
assurances as the Declarant may deem reasonable in order to protect Declarant from any loss
which might be caused by the failure to pay any federal or state inheritance tax or the failure to
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CRP 974 32
pay the claims of any creditors who may have a lien on the Home Site superior to Declarant's
rights as a purchaser of said Home Site.
Section 4. Death of an Owner. The personal representative, heirs,
successors and assigns of any Owner who dies while owning any Home Site shall become an
Owner subject to the terms and conditions of this Declaration and any subsequent sale, transfer
and conveyance of such Home Site shall be governed by the provisions of this Article XI.
ARTICLE XII — GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right
to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.
Failure by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Amendment. The covenants and restrictions of this Declaration
shall run and bind the land for a term of thirty-five (35) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of ten (10)
years unless, prior to the expiration of such thirty-five (35) year period, or the expiration of any
such successive ten year (10) period, they are terminated or altered in accordance with this
Section 2, Article XII. This Declaration may be amended by an instrument signed by the
Owners of not less than eighty percent (80%) of the Home Sites. Any termination or amendment
must be properly recorded. For the purpose of this Section, additions to existing property as
provided in Article II, Section 2, hereof shall not constitute an "amendment".
Section 3. Miscellaneous. In all cases the restrictions set forth or provided
for in these restrictions shall be construed together and shall be given the interpretation or
construction which will best tend toward their strict enforcement, and, if necessary, they shall be
so extended or enlarged by implication as to make them fully effective.
ARTICLE XIII — WASTE TREATMENT
Section 1. General. The wastewater treatment, collection and disposal
system will be a Common Area after it is certified as meeting any local, state or federal
requirements, and it is accepted by the Association. After it is accepted by the Association, it
shall 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
entire wastewater treatment, collection and disposal system will receive the highest priority for
expenditures by the Association, excepting Federal, State and local taxes and insurance. The
Disposal System shall be maintained out of the common expenses of the Association. In order to
assure that there shall be funds readily available to repair or maintain the Disposal System,
beyond the routine operation and maintenance expenses thereof, the Association shall create a
fund separate from the common expense fund for this purpose. Such funds shall be separate
from the routine maintenance funds allocated to the facility and shall be part of the yearly
32
4949-9359-3857-02

CRP 974 33
budget. As provided for in the Declaration, there shall be no limit on the amount of any special
assessments to cover the necessary costs related to the repair and maintenance of the Disposal
System. After it is accepted by the Association, in no case shall the Association enter into
voluntary dissolution without first having transferred its system for wastewater treatment,
collection and disposal, to some person, corporation or other entity acceptable to and approved
by the North Carolina Environmental Management Commission by the issuance of a permit.
Section 2. Tap Fees. After it is accepted by the Association, the Association
shall receive all tap fees, if any, from the operation of the Disposal System. Such tap fees shall
be used only for the repair, operation, expansion, maintenance and/or upgrading of the Disposal
System. In the event it is determined that this provision violates the provisions of North Carolina
General Statues Section 62-3(23) (d), the Association shall not receive any tap fees from the
operation of the Disposal System.
ARTICLE XIV — WATER SYSTEM
Section 1. General. The central water system will be a Common Area after it
is certified as meeting any local, state or federal requirements, and it is accepted in writing by the
Board of Directors. After it is accepted by the Board of Directors, it shall 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 entire central
water system will receive the highest priority for expenditures by the Association, excepting
Federal, State and local taxes and insurance. The central water system shall be maintained out of
the common expenses of the Association. In order to assure that there shall be funds readily
available to repair or maintain the central water system, beyond the routine operation and
maintenance expenses thereof, the Association shall create a fund separate from the common
expense fund for this purpose. Such funds shall be separate from the routine maintenance funds
allocated to the facility and shall be part of the yearly budget. As provided for in the
Declaration, there shall be no limit on the amount of any special assessments to cover the
necessary costs related to the repair and maintenance of the central water system. After it is
accepted by the Association, in no case shall the Association enter into voluntary dissolution
without first having transferred its central water system, to some person, corporation or other
entity acceptable to and approved by the North Carolina Environmental Management
Commission by the issuance of a permit.
Section 2. Tap Fees. After it is accepted by the Association, the Association
shall receive all tap fees, if any, from the operation of the Disposal System. Such tap fees shall
be used only for the repair, operation, expansion, maintenance and/or upgrading of the Disposal
System. In the event it is determined that this provision violates the provisions of North Carolina
General Statues Section 62-3(23) (d), the Association shall not receive any tap fees from the
operation of the Water System.
33
4849-9359-3857.02

t • r
CRP 974 34
IN WITNESS WHEREOF, the Linville Falls Property Owners Association, Inc. has caused this
instrument to be executed with an effective date of -de—�>,
LINVILLE FALLS PROPERTY OWNERS ASSOCIATION, INC., f/k/a BLUE RIDGE
COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC.
A North Carolina Non-profit Corporation
By:
President
Linville Falls Property Owners Association, Inc.
STATE OF NORTH CAROLINA
COUNTY OF jj `DG1u21f
(a), lr RU C.
r �
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntaril signed the foregoing document for the purpose
stated therein and in the capacity indicated: d el 1�4 ?%Sxe
(name of princlpai(s) 0_A, vr
Date: 9 - y • U
[OFFICIAL SEAL]
34
Offici Signature of f4otary Public
Notar/printed or typed -dame
My commission expires: .=,2, -t? -1 �)D J
4849-9359-3857.02

SCHEDULE A
CRP 974 35
TO
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR LINVILLE FALLS DEVELOPMENT, FORMERLY KNOWN AS
BLUE RIDGE COUNTRY CLUB SUBDIVISION
The area containing additional land which may be annexed to the Properties by Declarant is the
following:
All those certain tracts or parcels of land purchased by Blue Ridge Country Club
I, Ltd. From Blue Ridge Holdings Limited Partnership in Feb., 1994 and further
described in the following deeds:
1. Deed from North Cove Enterprises, Inc. to Blue Ridge Holdings
Limited Partnership recorded in Book 410 at Page 963 of the
McDowell County Public Registry;
2. Deed from Sam Alvin Thompson et ux to Blue Ridge Holdings
Limited Partnership recorded in Book 409 at page 270 of the
McDowell Public Registry; and
3. Deed from Troy Lee Cesawn et ux to Blue Ridge Holdings Limited
Partnership recorded in Book 413 at page 156 of the McDowell
County Public Registry.
And all those certain tracts or parcels of land identified by the following McDowell
County Tax Parcel Numbers:
1728-78-1648
1728-75-6943
1729-94-6029
1728-77-2709
1728-75-3846
1729-94-5272
1728-67-8594
1729-93-7807
1729-95-7253
1728-68-5632
1728-59-7058
1739-12-3039
1728-67-2844
1728-48-9319
1738-09-4049
1728-57-7420
1729-84-3653
1728-66-2592
1729-76-8230
1729-85-2323
A-1
4849-9359-3857.02

`O�OF W ATFRpG Beverly Eaves Pardue, Governor
h r Dee Freeman, secretary
> y North Carolina Department of Environment and Natural Resources
O �c
Coleen H. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
IV I C 10 10 1 8 10 10 19 1 8 1 1 N I C I G S
II. Permit status prior to status change.
a. Permit issued to (company name):
b. Person legally responsible for permit:
c. Facility name (discharge):
d. Facility address:
Coastal Ventures Groun II. LLC
James Kunevicous
First MI Last
Managing Member
Title
127 N Tryon St Suite 602
Permit Holder Mailing Address
Charlotte NC 28202
City state Zip
( ) N/A ( ) N/A
Phone Fax
Blue Ridge Country Club W WTP
17677 U.S Highway North
Address
Marion NC 28752
City State Zip
e. Facility contact person: N/A ( ) N/A
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of ® Change in ownership of the facility
® Name change of the facility or owner
I other lease New owners were the prior lenders that took title as a result of prior
f p explain: owners failure to pay and the resulting foreclosure action
b. Permit issued to (company name): ReProp Financial Mortgage Investors, LLC &
Diversified Lending Group, Inc. as tenants in common
c. Person legally responsible for permit: ' Charles J Salas
rimrQ Ml First MI Last
Asset Manager
Title
4711 Viewridge Ave, Suite 270
QSOURCEBRANCH
Permit Holder Mailing Address
San Diego CA 92123
City . State Zip
(858) 5604505 [e-mail]
Phone E-mail Address
d. Facility name (discharge):
Linville Falls Mountain Club & Preserve, formerly
known as Blue Ridge Country Club W WTP
e. Facility address:
1677 U.S Highway North
Address
Marion NC 28752
City State Zip
f. Facility contact person:
Mick Evans
Revised 1/2009

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
First MI Last
[phone] [e-mail]
Phone E-mail Address
N. Permit contact information (if different from the person legally responsible for the permit)
Permit contact: "game As Above
First Ml Last
Title
Mailing Address
City State Zip
( )
Phone E-mail Address
Will the permitted facility continue to conduct the same industrial activities conducted prior
V. to this ownership or name change?
❑ Yes
Facility will request recission no longer have Non -discharge spray
Z No (please explain) irrigation permit (WQ0012073) and will not be utilizing spray
irrigation equipmment for irrigation activities pending departments
approval of improvement plans.
VI. Required Items: TBIS APPLICATION WI L.BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR AUSSING:
❑ This completed application is required for both name change and/or ownership_ change
requests.
❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is re aired for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the -new applicant in the case of an ownership change request. For a name change request, the signed.
Applicant's Certification. is sufficient.
Permit holder prior to ownership change):
A.vaiTaF�'le attest that this application for a name/ownership change has been reviewed and. is accurate -and.
complete to the best of my knowledge, I understand that if, all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature
July 12, 2010
Date
APPLICANT CERTIFICATION
I, Charles J. Salas attest th 's applic n for a namelownership change has been reviewed and is
accurate and prZ
to to best of owledge. I understand that if all required parts of this
application aro t .d and t if all required supporting information is not included, this application
package will as mco lete.
�,- , _.=== July 12, 2010
Signature Date
Revised 1/2009

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 1009

4
2010000614
Qggigg MCDOWELL CO, NC FEE $49.00
STATE OF SIC REAL ESTATE EXTX
—' $2600.00
PRESENTED d RECORDED
02-11-2010 03:53:47 PM
�TaCCEDS EE
0Y UN13ACMARWOOD
i DEPUTY AMSTERCfDEEDS
BK: CRP 1013
PG: 463-463
EXCISE TAX: $2,500.00
STATE OF NORTH CAROLINA
SUBSTITUTE TRUSTEE'S DEED
COUNTY OF MCDOWELL
THIS DEED, made this the 14th day of January, 2010, by and between
Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit,
P.A., Substitute Trustee, 2701 Coltsgate Rd., Charlotte, NC 28211, in the
Deed of Trust hereinafter mentioned, of Mecklenburg County, North
Carolina, hereinafter referred to as "Grantor," and ReProp Financial
Mortgage Investors, LLC, as a tenant in common of a 63.89% undivided
interest; and Diversified Lending Group, Inc., as a tenant in common of a
36.11% undivided interest, 4711 Viewridge Ave, Ste 270 San Diego, CA
92123, hereinafter referred to as "Grantee".
W I T N E S S E T H
WHEREAS, on June 20, 2007, Coastal Ventures Group II, LLC, executed
and delivered unto Peter N. Carlin, as Trustee, a certain Deed of Trust
which was duly recorded on June 29, 2007, in Book CRP923 at Page 570 in
the Office of the Register of Deeds for McDowell County, North Carolina,
to which reference is hereby made; and
WHEREAS, Grantor was appointed as Substitute Trustee under the
foregoing Deed of Trust, pursuant to a Substitution of Trustee which was
duly recorded on October 30, 2008, in Book CRP 978 at Page 487 in the
Office of the Register of Deeds for McDowell County, North Carolina to
which reference is hereby made; and
WHEREAS, default having occurred in the payment of the indebtedness
secured by said Deed of Trust, due demand was made upon the Grantor by the
owner and holder of the indebtedness secured by said Deed of Trust that he
foreclose on said Deed of Trust' and sell the property under the terms
thereof; and
WHEREAS, under and by virtue of the power and authority in him vested
by the said Deed of Trust and in accordance with the terms and
stipulations of same, having instituted a special proceeding before the
Clerk of Superior Court of McDowell County, North Carolina, captioned 1108-
SP-239" and after due advertisement as provided in the Deed of Trust and
as by law required, and due and timely notice having been given to the
parties to said special proceeding, and a proper hearing having been
conducted on the Monday, December 29, 2008, where upon the Clerk of
Superior Court of McDowell County, North Carolina authorized Grantor to
proceed under said Deed of Trust and sell the real property as hereinafter
described, Grantor, at 10:00 AM, on November 24, 2009, did expose the land
described in said Deed of Trust, and hereinafter described and conveyed,
subject to prior liens, restrictions, easements, conveyances and releases,
for sale at public auction at the McDowell County Courthouse, in the City
of Marion, North Carolina, when and where Grantee became the last and
highest bidder for the said land at the price of $1,250,000.00; and
Coastal Ventures Group II, LLC, 9.0000032 Prepared by and Return to: Rogers Townsend &
Thomas, PC, Attn: Matt Smith, 2701 Coltsgate Road, Suite 300, Charlotte, NC 28211
S-A.&
�OV�O °ZAV// 0
.�t....
2 7v / CoJ#0 t2�( i.. l S/e Sae TU i4:L♦i;, ,;L./�o� TAX QEPMRIM fT

CRP 1013 464
WHEREAS, Grantor duly reported said sale to the Clerk of Superior
Court of McDowell County, North Carolina, as by law required, and
thereafter said sale remained open ten days and no advance bid was placed
thereon within the time allowed by law; and
WHEREAS, said purchase price has been fully paid; and
NOW, THEREFORE, in consideration of the premises and of the payment
of the said purchase price by the Grantee, the receipt of which is hereby
acknowledged, and pursuant to the authority vested in him by the terms of
said Deed of Trust, Grantor, as Substitute Trustee, does hereby bargain,
sell, grant and convey unto the Grantee, its successors and assigns, all
of that certain lot or parcel of land, lying and being in McDowell County,
State of North Carolina, and being more particularly described as follows:
TRACT IX: (7.46 ACRE TRACT)
BEGINNING on an existing iron rebar, said existing iron rebar having NCGS
Coordinates of N = 792111.600 feet and E = 1130103.805 feet, NAD 83, and
being located North 05 degrees, 42 minutes, 17 seconds East 3666.21 feet
from NCGS Monument "Garaventa", said NCGS Monument having NCGS Coordinates
of N = 788464.101 feet and E a 1129739.433 feet, NAD 83; thence from
said Beginning Point North 33 degrees, 46 minutes, 53 seconds East 284.00
feet to an existing iron rebar, said existing iron rebar being located
South 87 degrees, 21 minutes, 05 seconds East 159•.55 feet from an existing
concrete monument, the southwest corner of the Alfred Watson Wheatley,
Jr., Deed Book 856, Page 535 property, said existing concrete monument
being located South 08 degrees, 29 minutes, 28 seconds East 497.91 feet
from another existing concrete monument, the northwest corner of said
Wheatley property; thence from existing iron rebar North 16 degrees, 19
minutes, 41 seconds East distance of 153.31 feet to an existing solid iron
pin; thence North 17 degrees, 42 minutes, 07 seconds West 225.70 feet to
an existing iron rebar; thence North 75 degrees, 38 minutes, 31 seconds
East passing an existing solid iron pin at 203.98 feet a total distance of
234.18 feet to an unmarked point in the centerline of US Highway 221;
thence with the centerline of US Highway 221 the following eight (8)
bearings and distances:
South
19
degrees,
41 -minutes,,
point;
South
17
degrees,
27 minutes,
point;
South
14
degrees,
41 minutes,
point;
South
10
degrees,
58 minutes,
point;
South
07
degrees,
54 minutes,
point;
South
05
degrees,
20 minutes,
point;
South
02
degrees,
11 minutes,
point;
43 seconds East 50.15 feet to an unmarked
06 seconds East 120.80 feet to an unmarked
04 seconds East 134.21 feet to an unmarked
43 seconds East 125.79 feet to an unmarked
57 seconds East 127.79 feet to an unmarked
10 seconds East 110.58 feet to an unmarked
40 seconds East 118.49 feet to an unmarked
South 01 degrees, 51 minutes, 01 seconds West 190.75 feet to a existing.
railroad spike; thence leaving centerline of US Highway 221 and running
with the line of Phyllis A. Skorga, Deed Book 563, Page 566, North 79
degrees, 53 minutes, 47 seconds West 329.85 feet to an existing solid iron
piny thence South 06 degrees, 51 minutes, 54 seconds West 100.00 feet to
an existing solid iron pin; thence South 06 degrees, 51 minutes, 54
seconds West 100.00 feet to a 5/8" iron rebar set; thence North 79
degrees, 51 minutes, 45 seconds West 70.14 feet to a 5/8" iron rebar set;
thence North 10 degrees, 01 minutes, 04 seconds East 240.14 feet to an
existing iron rebar; thence North 31 degrees, 28 minutes, 55 seconds West
231.14 feet to the BEGINNING, containing 7.46 acres by coordinate
computation as shown on unrecorded plat by R.L. Greene Surveying and
Mapping dated April 28, 2006 entitled 'Survey of a portion of that
property described in a deed to Sam Alvin Thompson and wife, Jennie B.
Thompson" and bearing the Job # 6-073.
2

CRP 1013 455
TRACT X: (The Golf Course Tract)
BEGINNING on an existing concrete monument, said beginning point having
NCGS Coordinates of N = 240251.133 Meters and E = 343991.747 Meters, NAD
83, said beginning point being located South 78 degrees, 19 minutes, 36
seconds West 360.637 Meters from NCGS Monument "Garaventa", said NCGS
Monument "Garaventa" having NCGS Coordinates of N = 240324.102 Meters and
g a 344344.925 Meters,
NAD 83, said NCGS Monument "Garaventan being located N 38 degrees, 37
minutes, 46 seconds East 27126 Meters from NCGS Monument "Pond", said NCGS
Monument "Pond" having NCGS Coordinates of N= 240112.194 Meters and E a
344175582 Meters, MD 83, said beginning point also being located North 49
degrees, 32 minutes, 58 seconds West 451.78 feet from an existing 5/8"
rebar, the northwest corner of the 0.61 acre Sewage Treatment Plant which
is an exception to this description; thence from said beginning point
North 63 degrees, 47 minutes, 12 seconds East 361.28 feet to an existing
iron pipe; thence North 00 degrees, 54 minutes, 29 seconds East 112.22
feet to an existing iron pipe; thence North 88 degrees, 19 minutes, 43
seconds West 331.62 feet to an existing 5/8" rebar; thence North 30
degrees, 17 minutes, 04 seconds West 72.12 feet to an existing iron pipe;
thence North 08 degrees, 31 minutes, 47 seconds East 52.89 feet to an
existing iron pipe; thence North 30 degrees, 55 minutes, 04 seconds East
156.31 feet to. an existing concrete monument; thence North 38 degrees, 17
minutes, 09 seconds East 433.48 feet to an existing concrete monument;
thence North 35 degrees, 25 minutes, 43 seconds East 471.46 feet to an
existing 5/8" rebar; thence North 62 degrees, 16 minutes, 20 seconds West
69.43 feet to an existing 5/8" rebar; thence North 26 degrees, 57 minutes,
39 seconds East 217.18 feet to an existing solid iron pin; thence North 05
degrees, 02 minutes, 32 seconds West 216•.70 feet to an existing solid iron
pin; thence North 03 -degrees, 06 minutes, 35 seconds West 146.94 feet to
existing iron pipe; thence North 05 degrees, 54 minutes, 15 seconds East
142.21 feet to an existing railroad spike; thence North 05 degrees, 54
minutes, 15 seconds East 135.05 feet to an existing magnetic nail thence
North 07 degrees, 29 minutes, 09 seconds West 101.56 feet to a magnetic
nail set; thence South 84 degrees, 48 minutes, 44 seconds West 110.25 feet
to an existing iron pipe; thence North 47 degrees, 35 minutes, 35 seconds
West 185.12 feet to an existing iron pipe; thence South 89 degrees, 10
minutes, 27 seconds West 382.32 feet to an existing iron pipe; thence
South 82 degrees, 15 minutes, 50 seconds West 297.62 feet to 'an existing
iron pipe; thence North 34 degrees, 26 minutes, 03 seconds West 213.06
feet to an existing iron pipe; thence North 07 degrees, 30 minutes, 33
seconds West 32.52 feet to a 5/8" iron rebar set; thence North 07 degrees,
30 minutes, 33 seconds West 10.16 feet to an unmarked point; thence North
61 degrees, 18 minutes, 29 seconds East 3.00 feet to a 5/8" iron rebar
set; thence North 61 degrees, 18 minutes, 29 seconds East 67.24 feet to an
existing concrete monument; thence South 88 degrees, 37 minutes, 26
seconds East 111.55 feet to an existing iron pipe; thence South 87
degrees, 39 minutes, 13 seconds East 297.26 feet to an existing 5/8" iron
rebar; thence North 83 degrees, 45 minutes, 15 seconds East 154.25 feet to
an existing 5/8" iron rebar; thence North 89 degrees, 55 minutes, 40
seconds East 53.02 feet to an existing iron pipe; thence South 84 degrees,
04 minutes, 42 seconds East 113.03 feet to an existing iron pipe; thence
South 84 degrees, 09 minutes, 31 seconds East 73.00 feet to an existing
5/80 rebar; thence North 44 degrees, 54 minutes, 06 seconds East 104.16
feet to an existing magnetic nail; thence South 89 degrees, 59 minutes, 04
seconds East 27.44 feet to an unmarked point; thence South 89 degrees, 59
minutes, 04 seconds East 8.51 feet to an existing iron pipe; thence North
89 degrees, 59 minutes, 09 seconds East 78.54 feet to an existing iron
pipe; thence North 20 degrees, 33 minutes, 19 seconds East 57.64 feet to
an existing iron pipe; thence North 14 degrees, 06 minutes, 34 seconds
East 68.92 feet to art existing iron pipe; thence North 05 degrees, 18
minutes, 51 seconds. West 104.98 feet to an existing iron pipe; thence
North 05 degrees, 1S minutes, 51 seconds West 15.72 feet to an existing
iron pipe; thence North 19 degrees, 50 minutes, 13 seconds West 105.88
feet to an existing iron pipe; thence North 15 degrees, 50 minutes, 49
seconds West 14.50 feet to an existing iron pipe; thence North 20 degrees,
55 minutes, 10 seconds East 31.87 feet to an existing iron pipe; thence
North 33 degrees, 06 minutes, 43 seconds East 44.15 feet to an existing
iron pipe; thence North 00 degrees, 16 minutes, 04 seconds East 664.00
feet to an existing iron pipe; thence North 42 degrees, 16 minutes, 24

CRP 1013 456
seconds East 47.90 feet to an existing concrete monument; thence North 32
degrees, S2 minutes, 14 seconds East 61.60 feet to an existing iron pipe;
thence North 32 degrees, 52 minutes, 14 seconds East 27.40 feet to an
existing concrete monument; thence North 02 degrees, 22 minutes, 48
seconds East 537.26 feet to an existing iron pipe; thence North 10
degrees, 55 minutes, 56 seconds East 119.97 feet to an existing 5/8"
rebar; thence North 10 degrees, SS minutes, 56 seconds East 207.57 feet to
an existing 5/8" rebar; thence North 10 degrees, 55 minutes, 56 seconds
East 158.77 feet to an existing iron pipe; thence North 41 degrees, 17
minutes, 24 seconds West 154.23 feet to an existing solid iron pin; thence
North 41 degrees, 17 minutes, 24 seconds West 154.48 feet to an existing
5/8" rebar; thence North 41 degrees, 17 minutes, 24 seconds West 16.87
feet to an existing 5/8" rebar; thence North 18 degrees, 09 minutes, 48
seconds West 777.88 feet to an existing concrete monument; thence North 09
degrees, 5lminutes, 49 seconds West 315.08 feet to an existing 5/8" rebar;
thence North 78 degrees, 01 minutes, 21 seconds East 71.59 feet to an
existing 5/8" rebar; thence North 39 degrees, 39 minutes, 16 seconds East
79.15 feet to an existing 5/8" rebar; thence North 36 degrees, 28 minutes,
46 seconds East 58.21 feet to an existing 5/8" rebar; thence South 57
degrees, 34 minutes, 58 seconds East 211.55 feet to a S/8" rebar set;
thence South 57 degrees, 34 minutes, 58 seconds East 4.00 feet to an
unmarked point; thence South 07 degrees, 18 minutes, 54 seconds East 5.00
feet to a 5/8" rebar set; thence South 07 degrees, 18 minutes, 54 seconds
East 73.02 feet to an existing iron pipe; thence South 24 degrees, 53
minutes, 57 seconds East 87.64 feet to a 5/811 rebar set; thence South 20
degrees, 02 minutes, 28 seconds East 45.34 feet to an existing iron pipe;
thence South 31 degrees, 38 minutes, 03 seconds East 65.55 feet to an
11„ma"ked point; thence South 48 degrees, 39 minutes, 43 seconds East 74.92
feet to an existing 5/8" rebar; thence South 30 degrees, 54 minutes, 31
seconds East 169.97 feet to an existing 5/8" rebar; thence South 25
degrees, 24 minutes, 54 seconds East 72.98 feet to an unmarked point;
thence North 72 degrees, 13 minutes, 49 seconds East 15.73. feet to a 5/8"
rebar set; thence North 72 degrees, 13 minutes, 49 seconds East 167.54
feet to an existing 5/8" rebar; thence North 72 degrees, 13 minutes, 49
seconds East 25.79 feet to an unmarked point, centerline of the branch;
thence with the centerline of the branch the following fifteen (15)
bearings and distances;
South 09 degrees, 55 minutes, 12 seconds East 40.86 feet to an unmarked
point;
South 04 degrees, 16 minutes, 50 seconds East 49.97 feet to an unmarked
point;;
South 64 degrees, 26 minutes, 20 seconds East 26.34 feet to an unmarked
point;
South 16 degrees, 18 minutes, 01 seconds East 23.60 feet to an unmarked
point;
South 04 degrees, 55 minutes, 19 seconds East 49.67 feet to an barked
point;
South 23 degrees, 37 minutes, 29 seconds East 47.44 feet to an unmarked
point;
South 39 degrees, 16 minutes, 02 seconds East 18.83 feet to an unmarked
point;
South 70 degrees, 02 minutes, 33 seconds East 105.40 feet to an unmarked
point;
North 60 degrees, 18 minutes, 31 seconds East 25.47 feet to an unmarked
point;
North 84 degrees, 54 minutes, 33 seconds East 13.34 feet to an unmarked
point;
South 40 degrees, 41 minutes, 34 seconds East 27.06 feet to an unmarked
point;
South 36 degrees, 03 minutes, 24 seconds East 21.65 feet to an unmarked
point;
South 50 degrees, 03 minutes, 24 seconds East 24.76 feet to an unmarked
point;
South 19 degrees, 44 minutes, 06 seconds East 20.79 feet to an unmarked
point;
South 51 degreee,•05•minutes, 04 seconds East 20.99 feet to an unmarked
point; thence leaving said branch North 48 degrees, 48 minutes, 24 seconds
East 15.96 feet to an existing iron pipe; thence North 48 degrees, 48
minutes, 24 seconds East 92.05 feet to an existing solid iron pin; thence
North 48 degrees, 48 minutes, 24 seconds East 12.76 feet to an unmarked

CRP 1013 457
Point in the centerline of US Highway 221; thence with the centerline of
US Highway 221 South 24 degrees, 11 minutes, 46 seconds East 679.24 feet
to an unmarked point; thence leaving US Highway 221 and with the line of
Alfred Watson Wheatley, Jr. (Deed Book 856, Page 535) South 65 degrees, 53
minutes, 29 seconds West passing an existing concrete monument at 21.40
feet a total distance of 347.34 feet to an existing concrete monument;
thence continuing with the line of Wheatley South 08 degrees, 29 minutes,
10 seconds East 497.99 feet to an existing concrete monuments thence South
87 degrees, 21 minutes, 05 seconds East ISMS feet to a 5/8" rebar set in
the line of the 7.46 acre tract purchased by Linville Falls Club, LLC
(Deed Book 874, Page 354); thence leaving the line of Wheatley and with
the line of Linville palls Club South 33 degrees, 46 minutes, 53 seconds
West 284.00 feet to an existing 5/81, rebar; thence South 31 degrees, 28
minutes, 55 seconds East 231.14 feet to an existing 5/81, rebar; thence
South 10 degrees, 01 minutes, 04 seconds West 240.14 feet to a 5/8" rebar
set; thence South 79 degrees, 51 minutes, 45 seconds East 70.14 feet to a
5/8" rebar set; thence leaving the line of Linville Falls Club, LLC and
with the line of Phyllis A. Skorga (Deed Book 563, Page 586) South 79
degrees, 51 minutes, 45 seconds East 329.81 feet to an existing magnetic
nail located in the centerline of US Highway 221; thence with the
centerline of US Highway 221 the following four (4) bearings and
distances:
South 12 degrees, 46 minutes, 44 seconds West 269.64 feet to -an unmarked
point;
South 14 degrees, 38 minutes, 24 seconds West 266.36 feet to an unmarked
point; '
South 14 degrees, 58 minutes, 51 seconds West 605.56 feet to an unmarked
point;
South 14 degrees, 53 minutes, 54 seconds West 30.00 feet to an unmarked
point; thence leaving US Highway 221 and running with the southern edge of
60' right-of-way for Catawba River Drive and with the lines of Inn at Blue
Ridge, LLC (Deed Book 786, Page 777) North 75 degrees, 32 minutes, 17
seconds West 60.28 feet to an existing. railroad spike; thence -continuing
with the right-of-way. line for Catawba River Drive and with the lines of
Inn at Blue Ridge, LLC North 75 degrees, 07 minutes, 16 seconds West
129.76 feet to an existing railroad spike; thence along a curve to the
left having a radius of 319.93 feet and an arc length of 143.81 feet,
being subtended by a chord of North 87 degrees, 59 minutes, 00 seconds
West 142.60 feet to an existing iron pipe; thence South 79 degrees, 07
minutes, 02 seconds West 109.02 feet to an existing iron pipes thence
South 79 degrees, 31 minutes, 15 seconds West 55.98 feet to an unmarked
point in the west bank of North Fork Catawba River; thence continuing with
the west bank of North Fork Catawba River and with the line of Inn at Blue
Ridge,. LLC the following ten (10) bearings and distances:
South 22 degrees, 26 minutes, 44 seconds East 34.30 feet to an unmarked
point; South 30 degrees, 43 minutes, 31 seconds East 33.00 feet to an
>>*+*++arked point; south 16 degrees, 50 minutes, 28 seconds East73.19 feet to
an unmarked. point; South 29 degrees, 11 minutes, 17 seconds East 48.04
feet to an unmarked point; South 26 degrees, 08 minutes, 38 seconds East
50.31 feet to an unmarked point; South 28 degrees, 04 minutes, 38 seconds
East 38.67 feet to an unmarked point; South 28 degrees, 02 minutes, 27
seconds East 44.18 feet to an unmarked point; South 01 degrees, 21
minutes, 56 seconds West 50.08 feet to an unmarked point; South 06
degrees, 59 minutes, 22 seconds West 32.66 feet to an unmarked point;
South 06 degrees, 59 minutes, 22 seconds West 23.02 feet to an unmarked
Point; thence crossing North Fork Catawba River South 81 degrees, 50
minutes, 03 seconds Bast 36.14 feet to a 5/811 rebar set on the east bank
of North Fork Catawba River; thence South 81 degrees, 50 minutes, 03
seconds East 31.00 feet to an existing iron pipe; thence South 20 degrees,
53 minutes, 39 seconds East 54.98 feet to an existing iron pipe; thence
South 71 degrees, 25 minutes, 33 seconds East 124.59 feet to an existing
iron pipe; thence South 71 degrees, 25 minutes, 33 seconds East 29.51 feet
to an unmarked point in the centerline of US Highway 221; thence with the
centerline of US Highway 221 the following eleven (11) bearings and
distances:
South 14 degrees, 53 minutes, 54 seconds West 1350.19 feet to an unmarked
point; South 17 degrees, 51 minutes, 24 seconds West 82.14 feet to an
unmarked point; South 22 degrees, 13 minutes, 04 seconds West 76.22 feet
to an unmarked point; South 30 degrees, 52 minutes, 44 seconds West 208.96

CRP 1013 468
feet to an unmarked point; South 37 degrees, 12 minutes, 04 seconds West
674.21 feet to an unmarked point; South 35 degrees, 56 minutes, 14 seconds
West 48.13 feet to an unmarked point; South 31 degrees, 21 minutes, 14
seconds West 52.82 feet to an unmarked point; South 26 degrees, 31
minutes, 14 seconds West 54.81 feet to an unmarked point;
South 22 degrees, 33 minutes, 04 seconds West 44.90 feet to an unmarked
point; South 18 degrees, 29 minutes, 04 seconds West 58.78 feet to an
unmarked point; South 16 degrees, 14 minutes, 14 seconds West 42.25 feet
to an unmarked point; thence leaving US Highway 221 and with the north
line of CSX Railroad the following eight (8) bearings and distances:
North 79 degrees, 15 minutes, 44 seconds West 20.00 feet to an existing
5/8" rebar North 79 degrees, 18 minutes, 40 seconds West 161.81 feet to an
unmarked point; North 88 degrees, 59 minutes, 23 seconds West 152.62 feet
to an unmarked point; South 80 degrees, 51 minutes, 16 seconds West 201.20
feet to an unmarked point; South 71 degrees, 00 minutes, 06 seconds West
132.11 feet to an unmarked point; South 62 degrees, 30 minutes, 26 seconds
West 162.16 feet to an unmarked point; South 55 degrees, 11 minutes, 56
seconds West 120.23 feet to as unmarked point; South 51 degrees, 41
minutes, 36 seconds West 546.30 feet to an unmarked point; thence leaving
CSX Railroad and with the line of Edwina Y. Tatum (Deed Book 764, Page
840) North 58 degrees, 53 minutes, 26 seconds West 12.2S feet to an
existing solid iron pin; thence North 58 degrees, 53 minutes, 26 seconds
West 234.02 feet to en existing concrete monument; thence North 58
degrees, 53 minutes, 26 seconds West 206.12 feet to an existing square
iron rod; thence North 38 degrees, 34 minutes, 41 seconds East 189.01 feet
to an existing iron pipe; thence South 86 degrees, 37 minutes, 55 seconds
East 49.49 feet to an existing iron pipe; thence North 36 degrees, 05
minutes, 45 seconds East 48.15 feet to an existing square iron rod; thence
North 20 degrees, 25 minutes, 40 seconds East 73.83 feet to an existing
iron pipe; thence North 52 degrees, 55 minutes, 56 seconds East 834.20
feet to an existing concrete monument; thence North 55 degrees, 20
minutes, 21 seconds East 360.83 feet to the BEGINNING containing 159.62
acres by coordinate computation as shown on unrecorded plat by R.L. Greene
Surveying and Mapping dated August 10, 2006, entitled "Survey of certain
properties described in deeds to Linville Falls Club, LLC" and bearing the
job # 6-088.
LESS AND EXCEPT, the 0.61 acre Sewage Treatment Plant more particularly
described as follows:
BEGINNING on an existing 5/811 rebar, said existing 5/8" rebar being
located South 49 degrees, 32 minutes, 58 seconds East 451.78 feet from an
existing concrete monument, the beginning corner of the 159.62 acre parcel
as described above of which this description is an exception thence from
said beginning point South 55 degrees, 30 minutes, 58 seconds East 45.00
feet to a 5/8" rebar set on the west bank of the North Fork Catawba River;
thence South 55 degrees, 30 minutes, 58 seconds East 23.03 feet to an
unmarked point in the centerline of said river; thence South 30 degrees,
00 minutes, 22 seconds West 61.34 feet to an unmarked point on the west
bank of said river; thence along the west bank of said river the following
six (6) bearings and distances:
South 26 degrees, 42 minutes, 08 seconds West 33.61 feet to an unmarked
point;
South 16 degrees, 06 minutes, 28 seconds West 40.99 feet to an unmarked
point;
South 24 degrees, 29 minutes, 17 seconds West 58.22 feet to an unmarked
point;
South 29 degrees, 55 minutes, 14 seconds West 32.54 feet to an unmarked
point;
South 27 degrees, 49 minutes, 23 seconds West 33.81 feet to an unmarked
point;
South 25 degrees, 48 minutes, 02 seconds West 52.33 feet to an unmarked
point; thence leaving said west bank of river North 63 degrees, 29
minutes, 35 seconds West 32.95 feet to an existing 5/8" rebar; thence
North 63 degrees, 29 minutes, 35 seconds West 63.57 feet to an existing
5/8" rebar; thence North 29 degrees, 49 minutes, 57 seconds East 182.97
feet to an existing 5/8" rebar; thence North 32 degrees, 41 minutes, 19
seconds East 139.55 feet to the BEGINNING, containing 0.61 acre by
coordinate computation as shown unrecorded plat by R.L. Greene Surveying

CRP 1013 459
and Mapping dated August 10, 2006, entitled "Survey of certain properties
described in deeds to Linville Falls Club, LLC" and bearing the job # 6-
088.
SIIBJSCT TO, the Wilson Cemetery shown on the unrecorded plat by R.L.
Greene Surveying and Mapping dated August 10, 2006, entitled' (Survey of
certain properties described in deeds to Linville Falls Club, LLC" and
bearing the Job # 6-088.
TRACT XI: (The Undeveloped Tract)
BEGINNING on an existing concrete monument, said beginning point having
NCGS Coordinates of N a 240251.133 Meters and E a 343991.747 Meters, NAD
831 said beginning point being located South 78 degrees, 19 minutes, 36
seconds West 360.637 Meters from NCGS Monument "Garaventa", said NCGS
Monument "Garaventa" having NCGS Coordinates of N a 240324.102 Meters and
E 344344.925 Meters, NAD 83, said NCGS Monument "Garaventa" being located
N 38 degrees, 37 minutes, 46 seconds East 271.26 Meters from NCGS Monument
"Pond", said NCGS Monument "pond" having NCGS Coordinates of N 240112.194
Meters and E a 344175.582 Meters, HAD 83; thence from said Beginning Point
South 55 degrees, 20 minutes, 21 seconds West 360.83 feet to an existing
concrete monument; thence South 52 degrees, 55 minutes, 56 seconds West
834.20 feet to an existing iron pipe; thence South 20 degrees, 25 minutes,
40 seconds West 73.83 feet to an existing square iron rod; thence South 36
degrees, 05 minutes, 45 seconds West 48.15 feet an existing iron pipe;
thence North 86 degrees, 37 minutes, 55 seconds West 49.49 feet to art
existing iron pipet thence South 38 degrees, 34 minutes, 41 seconds West
189.01 feet to an existing square iron rod; thence North 58 degrees, 54
minutes, 53 seconds West 38.52 feet to an existing iron pipe previous
survey; thence South 06 degrees, 40 minutes, 45 seconds West S43.78 feet
to an existing iron pipe previous survey; thence North 86 degrees, 49
minutes, 20 seconds West 26.00 feet an existing iron pipe previous survey;
thence North 05 degrees, 31 minutes, 51 seconds East 238.73 feet to an
existing iron pipe previous survey; thence North 07 degrees, 33 minutes,
41 seconds East 533.40 feet to an existing iron pipe previous survey;
located at the base of a maple; thence North 07 degrees, 10 minutes, 48
seconds East 368.00 feet to a concrete monument set previous survey;
thence North 07 degrees, 10 minutes, 48 seconds East 284.00 feet to an
iron pipe set previous survey; thence North 07 degrees, 10 minutes, 48
seconds East 122.00 feet to an iron pipe set previous survey; thence North
07 degrees, 10 minutes, 48 seconds East 156.00 feet to an iron pipe set
previous survey; thence North 07 degrees, 10 minutes, 48 seconds East
163.00 feet to an iron pipe set previous survey; thence North 07 degrees,
10 minutes, 48 seconds East 193.00 feet to an iron pipe set previous
survey; thence North 07 degrees, 10 minutes, 48 seconds East 195.00 feet
to a concrete monument set previous survey; thence North 07 degrees, 10
minutes, 48 seconds East 212.81 feet to an iron pipe set previous survey
in center of small branch; thence with the branch the following thirteen
(13) bearings and distances:
North 46 degrees, 56 minutes, 40 seconds West 53.36 feet to an unmarked
corner; North 43 degrees, 50 minutes, 40 seconds West 46.25 feet to an
unmarked corner; North 19 degrees, 08 minutes, 10 seconds West 36.25 feet
to an unmarked corner; North 02 degrees, 34 minutes, 55 seconds West
61.91 feet to an iron pipe set previous survey; North 41 degrees, 26
minutes, 52 seconds West 76.77 feet to an iron pipe set previous survey;
North 18 degrees, 08 minutes, 11 seconds West 89.12 feet to an iron pipe
set previous survey; North 57 degrees, 53 minutes, 15 seconds West 15.00
feet to an unmarked corner; North 57 degrees, 53 minutes, 15 seconds West
88.21 feet to a an unmarked -corner; North 57 degrees, 53 minutes, 15
seconds West 16.48 feet to an iron pipe set previous survey; North 42
degrees, 37 minutes, 48 seconds West 69.92 feet to an iron pipe set
previous survey; North 68 degrees; 21 minutes, 46 seconds West 43.35 feet
to an unmarked corner; North 68 degrees, 21 minutes, 46 seconds West 47.20
feet to an iron pipe set previous survey; North 26 degrees, 32 minutes, 47
seconds West 47.95 feet to an unmarked corner; thence leaving said branch
North 83 degrees, 33 minutes, 42 seconds West 58.13 feet to an existing
iron pipe set previous survey; thence North 83 degrees, 33 minutes, 42
seconds West 131.88 feet to an iron pipe set previous survey; thence North
83 degrees, 33 minutes, 42 seconds West S80.05 feet to an existing iron

CRP 1013 460
pipe previous survey; thence North 02 degrees, 28 minutes, 19 seconds East
1110.91 feet to an existing iron pipe previous survey in rock pile, Car. #
8 of U.S. Forest Service, Strikeleather and Guy Tr. 121; thence North 01
degrees, 22 minutes, 10 seconds, East 706.05 feet to an existing iron pipe
Previous survey in rock pile, Cor. # 7 of U.S. Forest Service,
Strikeleather and Guy Tr. 121; thence North 87 degrees, 29 minutes, 16
seconds West 269.80 feet to a u.S. Forest Service Class "A" Monument, Cor.
# 6 of US. Forest Service, Strikeleather and Guy Tr. 121; thence North 01
degrees, 51 minutes, 18 seconds East 826.65 feet to a point on rock cliff;
thence North 01 degrees, 51 minutes, 18 seconds East 309.97 feet to an
iron pipe set previous survey; thence North 01 degrees, 51 minutes, 18
seconds East 641.00 feet to an iron pipe set previous survey; thence North
01 degrees, 51 minutes, 18 seconds East 46.05 feet to an unmarked corner;
thence South 61 degrees, 18 minutes, 29 seconds -West 276.89 feet to an
unmarked corner; thence North 00 degrees, 27 minutes, 38 seconds West
.30.00 feet to a concrete monument; thence North 00 degrees, 27 minutes, 38
seconds West 1599.17 feet to a concrete monument; thence North 87 degrees,
20 minutes, 37 seconds East 1065.16 feet to an iron pipe set; thence North
85 degrees, 48 minutes, 58 seconds East 229.49 feet to an iron pipe eat;
thence North 84 degrees, 19 minutes, 07 seconds East 270.51 feet to a 401,
poplar; thence South 59 degrees, 16 minutes; 55 seconds East 183.81 feet
to a 5" dogwood; thence North 86 degrees, 02 minutes, 39 seconds East
19.89 feet to a 10" walnut snag; thence South 19 degrees, 21 minutes, 06
seconds West 92.90 feet to a fence post; thence South 14 degrees, 30
minutes, 31 seconds West 155.50 feet to an iron pipe set in chestnut
stump; thence South 02 degrees, 15 minutes, 28 seconds East 307.15 feet to
a 40" double white -oak; thence South 08 degrees, 04 minutes, 11 seconds
East 83.75 feet to a 40" red oak; thence South 18 degrees, 11 minutes, 39
seconds East 14.73 feet to a 20" locust; thence North 79 degrees, 22
minutes, 33 seconds East 586.40 feet to an iron pipe set previous survey;
thence North 79 degrees, 22 minutes, 33 seconds East 5.00 feet to a 20"
sourwood; thence North 75 degrees, 50 minutes, 54 seconds East 197.17 feet
to an iron pipe set previous survey; thence North 70 degrees, 20 minutes,
08 seconds East 414.88 feet to a concrete monument set previous survey,
said concrete monument being located North 14 degrees, 57 minutes, 24
seconds East 715.39 feet from a iron pipe set previous survey, the
southeast corner of the Smith & Gunter property (Deed Book 430, Page 478)
which is an exception to this description; thence South 57 degrees, 39
minutes, 52 seconds East 244. feet to an existing 5/8" rebar; thence South
36 degrees, 28 minutes, 46 seconds West 58.21 feet to an existing 5/8"
rebar; thence South 39 degrees, 39 minutes, 16 seconds West 79.15 feet to
an existing 5/80 rebar; thence South 78 degrees, 01 minutes, 21 seconds
West 71.59 feet to an existing 5/8" rebar; thence South 09 degrees, 51
minutes, 49 seconds East 315.08 feet to an existing concrete monument;
thence South 18 degrees, 09 minutes, 48 seconds East 777.88 feet to an
existing 5/8" rebar; thence South 41 degrees, 17 minutes, 24 seconds East
16.87 feet to an existing 5/8" rebar; thence South 41 degrees, 17 minutes,
24 seconds East 154.48 feet to an existing solid iron pin; thence South 41
degrees, 17 minutes, 24 seconds East 154.23 feet to an existing iron pipe;
thence South 10 degrees, 55 minutes, 56 seconds West 158.77 feet to an
existing 5/8u rebar; thence South 10 degrees, 55 minutes, 56 seconds West
207.57 feet to an existing 5/8" rebar; thence south 10 degrees, 55
minutes, 56 seconds West 119.97 feet to an existing iron pipe; thence
South 02 degrees, 22 minutes, 48 seconds West 537.26 feet to an existing
concrete monumeni; thence South 32 degrees, 52 minutes, 14 seconds West
27.40 feet to an existing iron pipe; thence South 32 degrees, 52 minutes,
14 seconds West 61.60 feet to an existing concrete monument; thence South
42 degrees, 16 minutes, 24 seconds West 47.90 feet to an existing iron
pipe; thence South 00 degrees, 16 minutes, 04 seconds West 664.00 feet to
an existing iron pipe; thence South 33 degrees, 06 minutes, 43 seconds
West 44.15 feet to an existing iron pipe; thence South 20 degrees, 55
minutes, 10 seconds West 31.87 feet to an existing iron pipe; thence South
15 degrees, 50 minutes, 49 seconds East 14.50 feet to an existing iron
pipe; thence South 19 degrees, 50 minutes, 13 seconds East 105.88 feet to
an existing iron pipe; thence South 05 degrees, 18 minutes, 51 seconds
East 15.72 feet to an existing iron pipe; thence South 05 degrees, 18
minutes, 51 seconds East 104.98 feet to an existing iron pipe; thence
South 14 degrees, 06 minutes, 34 seconds West 68.92 feet to an existing
iron pipe; thence South 20 degrees, 33 minutes, 19 seconds West 57.64 feet
to an existing iron pipe; thence South 89 degrees, 59 minutes, 09 seconds

CRP 1013 461
West 78.54 feet to an existing iron pipe; thence North 89 degrees, 59
minutes, 04 seconds West 8.51 feet to an unmarked point in the centerline
of Blue Ridge Road; thence North 89 degrees, 59 minutes, 04 seconds West
27.44 feet to an existing magnetic nail; thence South 44 degrees, 54
minutes, 06 seconds West 104.16 feet to an existing 5/8" rebar; thence
North 84 degrees, 09 minutes, 31 seconds West 73.00 feet to an existing
iron pipe; thence North 84 degrees, 04, minutes, 42 seconds West 113.03
feet to an existing iron pipe; thence South 89 degrees, 55 minutes, 40
seconds West 53.02 feet to an existing 5/8" rebar; thence South 83
degrees, 45 minutes, 15 seconds West 154.25 feet to an existing 5/8"
rebar; thence North 87 degrees, 39 minutes, 13 seconds West 297.26 feet to
an existing iron pipe; thence North 88 degrees, 37 minutes, 26 seconds
West 111.55 feet to an existing concrete monument; thence South 61
degrees, 18 minutes, 29 seconds West 67.24 feet to a 5/8" rebar set;
thence South, 61 degrees, 18 minutes, 29 seconds West 3.00 feet to an
unmarked point; thence South 07 degrees, 30 minutes, 33 seconds East 10.16
feet to a 5/8" rebar set; thence South 07 degrees, 30 minutes, 33 seconds
East 32.52 feet to a an existing iron pipe; thence South 34 degrees, 26
minutes, 03 seconds East 213.06 feet to an existing iron pipe; thence
North 82 degrees, 15 minutes, 50 seconds East 297.62 feet to an existing
iron pipe; thence North 89 degrees, 10 minutes, 27 seconds East 382.32
feet to an existing iron pipe; thence South 47 degrees, 35 minutes, 35
seconds past 185.12 feet to an existing iron pipe; thence North 84
degrees, 48 minutes, 44 seconds East 110.25 feet to an magnetic nail set;
thence South 07 degrees, 29 minutes, 09 seconds East 101.56 feet to an
existing magnetic nail; thence South 05 degrees, 54 minutes, 15 seconds
West 13S.05 feet to an existing railroad spike; thence South OS degrees,
54 minutes, 15 seconds West 142.21 feet to an existing iron pipe; thence
South 03 degrees, 06 minutes, 35 seconds East 146.94 feet to an existing
solid iron pin; thence South 05 degrees, 02 minutes, 32 seconds East
216.70 feet to an existing solid iron pin; thence South 26 degrees, 57
minutes, 39 seconds West 217.18 feet an existing 5/8" rebar; thence South
62 degrees, 16 minutes, 20 seconds East 69.43 feet to an existing 5/8"
rebar; thence South 35 degrees, 25 minutes, 43 seconds West 471.46 an
existing concrete monument; thence South 38 degrees, 17 minutes, 09
seconds West 433.48 feet to an existing concrete monument; thence South 30
degrees, 55 minutes, 04 seconds West 156.31 feet to an existing iron pipe;
thence South 08 degrees, 31 minutes, 47 seconds West 52.89 feet to an
existing iron pipe; thence South 30 degrees, 17 minutes, 04 seconds East
72.12 feet to an existing 5/8" rebar; thence South 88 degrees, 19 minutes,
43 seconds East 331.62 feet to an existing iron pipe; thence South 00
degrees, 54 minutes, 29 seconds West 112.22 feet an existing iron pipe;
thence South 63 degrees, 47 minutes, 12 seconds West 361.28 feet to the
BEGINMG, containing'393.00 acres by coordinate computation. Bearings and
distances supplied by R.L. Greene Surveying & Mapping using an unrecorded
survey entitled "Survey and Division of those properties described in
deeds to Blue Ridge Holdings Limited Partnership", dated January 27, 1994
and revised February 1, 1994 and an unrecorded survey entitled "Survey of
certain properties described in deeds to Linville Falls Club, LLC", dated
August 10, 2006.
LESS AND EXCEPT, that property described in a deed to Smith & Gunter (Deed
Book 430, Page 478) and more recently to James Boyd Woodard, Jr. (Deed
Book 813, Page 287)as described as follows:
BEGINNING on an iron pipe set previous survey, said iron pipe being
located South 14 degrees, 57 minutes, 24 seconds West 715.39 feet from a
concrete monument set on a previous survey, said concrete monument being
the 60th corner of the above described 393.00 acre tract; thence from said
Beginning Point South 04 degrees, 53 minutes, 56 seconds West 187.63 feet
to an iron pipe set previous survey; thence South 04 degrees, 53 minutes,
56 seconds West 88.25 feet to an unmarked corner; North 70 degrees, 03
minutes, 07 seconds West 87.68 feet to an iron pipe set previous surveys
thence North 86 degrees, 12 minutes, 38 seconds West 114.83 feet to an
unmarked corner; thence North 62 degrees, 54 minutes, 07 seconds West
60.63 feet to an unmarked corner; North 04 degrees, 53 minutes, 52 seconds
East 41.43 feet to an iron pipe set previous survey; thence North 04
degrees, 53 minutes, 52 seconds East 191.00 feet to an iron pipe set
previous survey; thence South 85 degrees, 06 minutes, 09 seconds East
255.62 feet to the BEGINNING, containing 1.50 acres by coordinate
computation, as shown on unrecorded survey by R.L. Greene Surveying &

CRP 1013 462
Mapping, entitled "Survey and Division of those properties described in
deeds to Blue Ridge Holdings Limited Partnership", dated January 27, 1994
and revised February 1, 1994, bearing the job #94-020.
LESS AND EXCEPT, THE FOLLOWING LOTS;
BEING all of Lots. 1, 2, 3, 4, 30, 31 and 32 of BLUE RIDGE COUNTRY CLUB
SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4,
Page 411, McDowell County Registry, reference to which is hereby made for
a more particular metes and bounds description.
BEING all of Lots 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23,
24, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44,
45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 and 60 of BLUE
RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as,shownon plat duly recorded
in Plat Book 4, Page 412, McDowell County Registry, reference to which is
hereby made for a more particular metes and bounds description.
BEING all of Lots 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74,
75, 76, 77, 78, 79, 80, 81, 82, 83 and 84 of BLUE RIDGE COUNTRY CLUB
SUBDIVISION, PHASE I -A, as shown on plat duly recorded in Plat Book 4,
Page 413, McDowell County Registry, reference to which is hereby made for
a more particular metes and bounds description.
BEING all of Lots 17,18 and 19 of BLUE RIDGE COUNTRY CLUB SUBDIVISION,
PHASE I -A, as shown on plat duly recorded in Plat Book 4, Page 414,
McDowell County Registry, reference to which is hereby made for a more
particular metes and bounds description.
BEING all of Lots 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162,
163, 164, 165, 166, 167, 168, 169,170,171, 172, 173, 174, 175, 176, 177
and 178 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I-B, as shown on
plat duly recorded in Plat Book 4, Page 415, McDowell County Registry,
reference to which is hereby made for a more particular metes and bounds
description.
BEING Lots 180 181, 182, 183, 184, 185, 186, 187, 188 and 189 of BLUE
RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on plat thereof duly
recorded in Plat Book 5A, Page 45, McDowell County Registry, reference to
which is hereby made for a more particular metes and bounds description.
BEING all of Lots 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200,
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,
216, 217, 218, 219, 220, 221, 222, 223, 224 225, 226, 227, 228, 229, 230,
231, 232, 233, 234, 235 and 236 of BLUR RIDGE COUNTRY CLUB SUBDIVISION,
PHASE 2-A, as shown on plat duly recorded in Plat Book 5A, Page 46,
McDowell County Registry, reference to which is hereby made for a more
particular metes and bounds description.
BEING all of Lots 237, 238 and 239 BLUE RIDGE COUNTRY CLUB SUBDIVISION,
PHASE 2-A, as shown on plat duly recorded in Plat Book 6, Page 9, McDowell
County Registry, reference to which is hereby made for a more particular
metes and bounds description.
ALSO LESS AND EXCEPT, THE FOLLOWING TRACTS:
1.
Pag
2.
3.
4.
S.
6.
7.
8.
9.
10.
e
0.257 acre tract conveyed to Michael A. Hellenthal, Deed Book 618,
469.
0.29 acre tract conveyed to Dennis H. Perk, Deed Book 543, Page 431.
0.30 acre tract conveyed to Russell McNutt, Deed Book 655, Page 467.
0.32 acre tract conveyed to Pyatt Construction & Properties,
Deed Book 586, Page 58.
0.35 acre tract conveyed to Joyce B. Nelson, Trustee,
Deed Book 740, Page 827.
1.00 acre tract conveyed to Edward Meyer, Deed Book 896, Page 636.
1.015 acre tract conveyed to Pyatt-Honeycutt Development,
Deed Book 547, Page 848.
1.41 acre tract conveyed to Owen Gwyn, Jr., Deed Book 612, Page 567.
1.64 acre tract conveyed to Russell McNutt, Deed Book 467, Page 693.
3.13 acre tract conveyed to Zoccoli Associates Ptnrp,
Deed Book 548, Page 233.
11. 0.325 acre parcel as conveyed
McDowell County Registry
12. 2.42 acre parcel as conveyed
McDowell County Registry.
13. 0.529 acre parcel as conveyed
McDowell County Registry.
10
in Deed Book 870, Page 918,
in Deed Book 902, Page 451,
in Deed Book 870, Page 920,

CRP 1013 463
14'. Lot 179, 0.743. ac., Unrecorded Plat; as conveyed to John and
Phyllis Johnstone in Deed Book 545, Page 661, McDowell County
Registry.
15. Lot 9, as conveyed to Carlos and Noel Capote in Deed Book 578,
Page 853, McDowell County Registry.
Less and except the following property:
1. Revised Lot 68, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly described in that deed from Coastal
Ventures Group II, LLC to JV Properties -Linville, LLC recorded on October
29, 2008 in .Book CRP 978, Pages 352-354, McDowell County Register of
Deeds.
2. Revised Lot 67, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly described in that deed from Coastal
Ventures Group II, LLC to JV Properties -Linville, LLC recorded on October
29, 2008 in Book CRP 978, Pages 349-351, McDowell County Register of
Deeds.
3. Revised Lot 70, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly described in that deed from Coastal
Ventures Group II, LLC to JKAT -Linville, LLC recorded on October 29, 2008
in Book CRP 978, Pages 355-357, McDowell County Register of Deeds.
The purpose of this deed is to vest the Grantees with the following
interest: ReProp Financial Mortgage Investors, LLC, as a tenant in common
of a 63.89% undivided interest; and Diversified Lending Group, Inc., as a
tenant in common of a 36.11% undivided interest.
Above described property is not the primary residence of the grantor.
To Have and to Hold the said land, together with all the privileges
and appurtenances thereunto belonging, unto said Grantee, its successors
and assigns, forever; in as full and ample manner as Grantor is authorized
and empowered as Substitute Trustee to convey the same.
In Witness Whereof, Grantor, the Substitute Trustee, of the aforesaid
Deed of Trust, has hereunto set his hand and affixed his seal, the day and
year first above -written.
Rogers Townsend & Thomas, succssor by
merger to Kellam & Pettit, P.A.
Substitute Trustee
M. �p�AI
N SmI�rrk
.�1IIe'�3Y PUBUC �j
.40
Ca8sw1'1 ►. Bl�arth C2T�' ^ : BY.: - V �� I�'� ( SEAL )
'.�
Michael B. Stein
Attorney
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, M. Aaron Smith, a Notary Public of Gaston County and State
aforesaid certify that Michael B. Stein personally came before me this
day, and I have personal knowledge of the identity of the principal and
acknowledged that -he is the Attorney of Rogers Townsend & Thomas, PC,
succor by.merger to Kellam & Pettit, P.A. a North Carolina Corporation and
that by authority duly given and as an act of the corporation has
voluntarily signed the foregoing instrument in its name and on its behalf
as its act and deed as Substitute Trustee.
WITNESS my hand and notarial seal, this day January 19, 2010.
My mmission Exjr1res: Nov mber 6, 2013
Notary Public: M. Aaron Smith
11

JANEBofDeeEs cdowely County
Register of weeds 1V1. 1 g-�
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%_5 0 er o ee s
21 South Main Street, Suite A - Marion, NORTH CAROLINA 28752
Telephone [phone] -. Fax [phone] - E-Mail jmcgeemcdowellntitlesearcher.com
ALL C0
if if t+++ttt}t+*i>}t}ifitt}**xx++xt+ttx4}+**tttt}rt+t+t++rrtYYtf iti xi}xr*+i+}>it}r*.
Filed For Registration: 02/11/2010 03:53:47PM
Book: CRP 1013 Page: 453-463
Document No.: 2010000614
DEED 11 PGS 2549.00
Recorder: LINDA C HARWOOD
State of North Carolina, County of McDowell
Filed for registration and Duly Recorded this 11TH_day of FEBRUARY 2010.
JANE H MCGEE, REGISTER OF DEEDS
A016 C • Auz)od,
DEPUTYREGISTER OF DEEDS
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DO NOT REMOVE!
This.. certification shoat is a vital part of your recorded. document. Please retain with original document and submit
when re-rocosding.

Book1013 Page 447
STATE OF NORTH CAROLINA
COUNTY OF MCDOWELL
2010000612
ZZME MCOOWELL CO, NC FEE $25.00
STATE of NC REAL ESTATE EXTX
�1076.00
PRESENTED a fin.
02-11-2010 03:53:45 PM
JANE 8 MCGEE
erLnrowc pR►voop
DVt" REGISTER Of OtWS
SK: CRP 1013
PG: 447-449
EXCISE TAX: $1,076.00
SUBSTITUTE TRUSTEE'S DEED
THIS DEED, made this the 19th day of January, 2010, by and between
Rogers Townsend & Thomas, PC, successor by merger to Kellam & Pettit,
P.A., Substitute Trustee in the Deed of Trust hereinafter mentioned, of
Mecklenburg County, North Carolina, hereinafter referred to as "Grantor,"
and Diversified Lending Group, Inc., 4711 Viewridge Ave, Ste 270 San
Diego, CA 92123, hereinafter referred to as "Grantee".
W I T N E S S E T H
WHEREAS, on June 20, 2007, Coastal Ventures Group II, LLC, executed
and delivered unto Peter N. Carlin, as Trustee, a certain Deed of Trust
which was duly recorded on June 29, 2007, in Book CRP923 at Page 530 in
the Office of the Register of Deeds for McDowell County, North Carolina,
to which reference is hereby made; and
WHEREAS, Grantor was appointed as Substitute Trustee under the
foregoing Deed of Trust, pursuant to a Substitution of Trustee which was
duly recorded on October 30, 2008, in Book CRP 978 at Page 485 in the
Office of the Register of Deeds for McDowell County, North Carolina to
which reference is hereby made; and
WHEREAS, default having occurred in the payment of the indebtedness
secured by said Deed of Trust, due demand was made upon the Grantor by the
owner and holder of the indebtedness secured by said Deed of Trust that he
foreclose on said Deed of Trust and sell the property under the terms
thereof; and
WHEREAS, under and by virtue of the power and authority in him vested
by the said Deed of Trust and in accordance with the terms and
stipulations of same, having instituted a special proceeding before the
Clerk of Superior Court of McDowell County, North Carolina, captioned "08-
SP-238" and after due advertisement as provided in the Deed of Trust and
as by law required, and due and timely notice having been given to the
parties to said special proceeding, and a proper hearing having been
conducted on the Monday, December 29, 2008, where upon the Clerk of
Superior Court of McDowell County, North Carolina authorized Grantor to
proceed under said Deed of Trust and sell the real property as hereinafter
described, Grantor, at 10:00 AM, on November 24, 2009, did expose the land
described in said Deed of Trust, and hereinafter described and conveyed,
subject to prior liens, restrictions, easements, conveyances and releases,
for sale at public auction at the McDowell County Courthouse, in the City
of Marion, North Carolina, when and where Grantee became the last and
highest bidder for the said land at the price of $750,000.00; and
T��RMMRECOPi.
RO �� DEPARTW Y ,
Coastal Ventures u II, L��,`9�0000036A _QQ �� a��J
Prepared by and R turn to: !"
Rogers Townsend & omas, C �
Attn: Matt Smith V
2701 Coltsgate Road, Suite 300
Charlotte, NC 28211
3

Book 1013*Page 448
CRP 1013 448
WHEREAS, Grantor duly reported said sale to the Clerk of Superior
Court of McDowell County, North Carolina, as by law required and
thereafter said sale remained open ten days and no advance bid was placed
thereon within the time allowed by law; and
WHEREAS, Grantee entered into a partial assignment of bid where a
portion of the real property described in the aforementioned Deed of Trust
was assigned to ReProp Financial Mortgage Investors, LLC (see Partial
Assignment of Bid filed in McDowell County file number 08-SP-238); and
WHEREAS, said purchase.price has been fully paid; and
NOW, THEREFORE, in consideration of the premises and of the payment
of the pro rata purchase price by the Grantee, the receipt of which is
hereby acknowledged, and pursuant to the authority vested in him by the
terms of said Deed of Trust, Grantor, as Substitute Trustee, does hereby
bargain, sell, grant and convey unto the Grantee, its successors and
assigns, all of that certain lot or parcel of land, lying and being in
McDowell County, State of North Carolina, and being more particularly
described as follows:
TRACT I:
BEING all of Lot 3 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as
shown on plat duly recorded in Plat Book 4, Page 411, McDowell County
Registry, reference to which is hereby made for a more particular metes
and bounds description.
TRACT II:
BEING all of Lots 11, 13, 15, 20, 22, 27, 33, 41, 54, 57 and 59 of BLUE
RIDGE COUNTRY CLUB SUBDIVISION, PHASE I -A, as shown on plat duly recorded
in Plat Book 4, Page 412, McDowell County Registry, reference to which is
hereby made for a more particular metes and bounds description.
TRACT III:
BEING all of Lots 69, 73, 78, and 82 of BLUE RIDGE COUNTRY CLUB
SUBDIVISION, PHASE .I -A, as shown on plat duly recorded in Plat Book 4,
Page 413, McDowell County Registry, reference to which is hereby made for
a more particular metes and bounds description.
TRACT IV: (N/A)
TRACT V:
BEING all of Lots 152, 156, and 177 of BLUE RIDGE COUNTRY CLUB
SUBDIVISION, PHASE
I-B, as shown on plat duly recorded in Plat Book 4, Page 415, McDowell
County Registry, reference to which is hereby made for a more particular
mates and bounds description.
TRACT VI:
BEING Lot 180 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown
on plat thereof duly recorded in Plat Book 5A, Page 45, McDowell County
Registry, reference to which is hereby made for a more particular metes
and bounds description.
TRACT VII:
BEING all of Lots 1991 203, 206, 212, 218, 219, 223, 225, 226, 230, 231,
232 and 234 of BLUE RIDGE COUNTRY CLUB SUBDIVISION, PHASE 2-A, as shown on
plat duly recorded in Plat Book 5A, Page 46, McDowell County Registry,
reference to which is hereby made for a more particular metes and bounds
description.

Book 1013 Page 449
Less and except the following property:
CRP 1013 449
1. Revised Lot 68, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly -described in that deed from Coastal
Ventures Group II, LLC to JV Properties -Linville, LLC recorded on October
29, 2008 in Book CRP 978, Pages 352-354, McDowell County Register of
Deeds.
2. Revised Lot 67, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly described in that deed from Coastal
Ventures Group II, LLC to JV Properties -Linville, LLC recorded on October
29, 2008 in Book CRP 978, Pages 349-351, McDowell County Register of
Deeds.
3. Revised Lot 70, Linville Falls Club as shown on plat recorded in Plat
Book 16, Page 93 and more particularly described in that deed from Coastal
Ventures Group II, LLC to JRAT -Linville, LLC recorded on October 29, 2008
in Book CRP 978, Pages 355-357, McDowell County Register of Deeds.
Above described property is not the primary residence of the grantor.
To Have and to Hold the said land, together with all the privileges
and appurtenances thereunto belonging, unto said Grantee, its successors
and assigns, forever, in as full and ample manner as Grantor is authorized
and empowered as Substitute Trustee to convey the same.
In Witness Whereof, Grantor, the Substitute Trustee, of the aforesaid
Deed of Trust, has hereunto set his hand and affixed his seal, the day and
year first above -written.
r
M. AA = SMITH
"UM PUBUC
GasbOrl COueny. 94arth �:.' ° . BY:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
Rogers Townsend & Thomas, P.C.,
successor by merger to
Kellam & Pettit, P.A.
Substitute Trustee
(SEAL)
Michael B. Stein
Attorney
I, M. Aaron Smith, a Notary Public of Gaston County and State
aforesaid certify that Michael B. Stein personally came before me this
day, and I have personal knowledge of the identity of the principal and
acknowledged that he is the Attorney of Rogers Townsend & Thomas, PC, a
North Carolina Corporation and that by authority duly given and as an act
of the corporation has voluntarily signed the foregoing instrument in its
name and on its behalf as its act and deed as Substitute Trustee.
WITNESS my hand and notarial seal, this day January 22, 2010.
y commission E5cpTres: November 6, 2013
Notary Public: M. Aaron Smith

Book 1013 Page 449.002
JANE B MCGEE Mcdowell County
Register of Deeds
Register of Deeds
21 South Main Street, Suite A • Maxim, NORTH CAROLINA 28752
Telephone 828,6524727 • Fax [phone] • E-Mail jmegeemcdowell®titlesearcher.com
/* ELL
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................ .................... a .......... a ..... a ........... ................
,
ailed Per Registration: 02/11/2010 03:53:45 PH
Dock: CAP 1013 Page: 441-449
Document No.: 2010000612
DUO 3 POS 1301AD
Records.: LIPDA C HARWOOD
• a. o .+. a n..+a a. «... «a u..,... ....... ♦.............. a,i..... a u..............
State of North Carolinas County of N.D ll
Piled for registration and Duly Retarded this 11TH day of IT,8R0ART 2010.
JAM a KCAL, REGISTER OP DUDS
DEPOTY REGISM Oy DUDS
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DO NOT RID OVE I
This certification sheet is a vital part of your eacorded document. Please zatain with original document and submit
whan re-zetordinq.