SW8940916_HISTORICAL FILE_19960208

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
X HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 8, 1996
Ms. Sandra Dail, Interim President
Summerlin Falls Homeowner's Association, Inc.
Post Office Box 4127
Wilmington, North Carolina 28406
Subject: Permit No. SW8 940916
Summerlin Falls
High Density Stormwater Project
New Hanover County
Dear Ms. Dail:
The Wilmington Regional Office received a request for a permittee name change for the project, Summerlin Falls, on
January 19, 1996. Staff review of the plans and specifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 940916
dated February 8, 1996, to Summerlin Falls Homeowner's Association.
This permit shall be effective from the date of issuance until February 8, 2006, and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for operation and maintenance of the stormwater management system will result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
ajudicatory hearing upon written request within thirty (30) days following receipt of this permit. 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, P.O. Drawer 27447, Raleigh, NC 276 1 1-7447. Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at
[phone].
Sincerely,
Dave Adkins
Regional Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\PERMIT\940916.FEB
cc: John Kuske
Alan Golden, New Hanover County Inspections
David Mayes, City of Wilmington
Linda Lewis
Wilmington Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27 6 2 6-0 53 5 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stormwater Management Systems
Permit No. SW8 940916
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Summerlin Falls Homeowner's Association
Summerlin Falls
New Hanover County
FOR THE
construction, operation and maintenance of a Detention Pond in compliance with the provisions of 15A NCAC
2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of
Environmental Management and considered a part of this permit.
This permit shall be effective from the date of issuance until February 8, 2006 and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on
page 3 of this permit, the Project Data Sheet.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
2

State Stormwater Management Systems
Permit No. SW8 940916
DIVISION OF ENVIRONMENTAL MANAGEMENT
PROJECT DATA
Project Name: Summerlin Falls
Permit Number: 940916
Location: New Hanover County
Applicant: Ms. Sandra Dail, Interim President
Mailing Address: Summerbit Homeowner's Association
Post Office Box 4127
Wilmington, North Carolina 28406
Application Date: January 19, 1996
Water Body Receiving Stormwater Runoff. Barnards Creek
Classification of Water Body: "C Sw"
If Class SA, chloride sampling results: N/A
Pond Depth: 7.5 feet
Permanent Pool Elevation: 20.7 MSL
Total Impervious Surfaces Allowed: 344,600 square feet
Offsite Area entering Pond: N/A
Green Area entering Pond: 393,960 square feet
Required Surface Area: 10,091 square feet
Provided Surface Area: 10,100 square feet
Required Storage Volume: 34,347 cubic feet
Provided Storage Volume: 35,682 cubic feet
Temporary Storage Elevation: 23.6 MSL
Controlling Orifice: 2.5" pipe
3

State Stormwater Management Systems
Permit No. SW8 940916
4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices
(such as swales) shown on the approved plans as part of the stormwater management system without
submitting a revision to the permit and receiving approval from the Division.
5. The development will be limited to the amount of built-upon area indicated in the supporting calculations
and per approved plans.
6. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project should require a modification
to the permit.
7. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
H. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for construction and maintenance of the
stormwater management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for it's intended use prior to the construction of any built-upon surfaces except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
2. The facilities must be properly maintained and operated at all times. The approved Operation and
Maintenance Plan must be followed in it's entirety and maintenance must occur at the scheduled
intervals. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.,
g. Access to the outlet structure must be available at all times.
4

State Stormwater Management Systems
Permit No. SW8 940916
4. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DEM. The records will indicate the date, activity, name of person performing the work and what
actions were taken.
5. Deed restrictions must be recorded which limit the built-upon area per lot to the amount as shown on
the Project Data Sheet, per Part I Oil. The recorded statements must follow the form:
a. "The allowable built-upon area is 344,600 square feet, inclusive of that portion of the right-of-
way between the lot line and the edge of pavement, structures, pavement, walkways of brick,
stone, or slate, but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
6. This permit shall become voidable unless the facilities are constructed in accordance with the conditions
of this permit, the approved plans and specifications, and other supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Mail the Certification to the
Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina, 28405,
attention Water Quality Section.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a
minimum of ten years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division of
Environmental Management accompanied by an application fee, documentation from the parties
involved, and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Environmental Management, in accordance with North Carolina
General Statute 143-215.6(a) to 143-215.6(c).
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.

State Stormwater Management Systems
Permit No. SW8 940916
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this
Division, such as the construction of additional or replacement stormwater management systems.
5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for
a permit modification, revocation and reissuance or termination does not stay any permit condition.
Permit issued this the 8th day of February, 1996.
NORTH
nC'A�ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�VL
P ton Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number SW8 940916
6

State Stormwater Management Systems
Permit No. SW8 940916
Summerlin Falls
Stormwater Project No. 940916
New Hanover County
Engineer's Certification
I, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the
project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
Signature
Registration Number
Date
7

1C r.CL
State of North Carolina.
Department of Environment,
Health and Natural Resources A
�A
IDivision of Environmental Management
James B. Hunt, Governor AV FEE ti! FR
Jonathan Howes, Secretary
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
PERMIT NAMEIOWNERSHIE CHANGE FORM
I. CURRENT PERMTT TNF12RMA TON:
Permit Number 15 1 w
1. Permitholdeesname: Landmark Developers, Inc.
2. Permit's signing official's name aIIdtitle' W. Christopher Stephens
(Person legally responsible for permit)
Vice President
(Title)
3. Mailing address' P.O. Box 4127 City: Wilmington
State: NC Zip Code: 78406 Phone: ( 910 ) 'Aa?-72m
R. NEW OWNF.R/NAMF INFORMAT70N
E C E I V E
I. This request for a name change is a result of:
D
_a. Change in ownership of property/company JAN 191996
fib. Name change only PRo,t a 5(.u___9¢Oy/(o
_e. Other(please explain)`
2. New owner's name(name to be put on permit), Summerlin Falls Homeowners Associatiion, Inc.
3. New owner's or signing official's name and title: ran j rn nail
(Person legally responsible for permit)
Interim President
(rifle)
4. Mailing address: P.O. Box 4127 City: Wilmineton
State: nr Zip Code: 294nF Phone: ( gin ) ie7-72oi

io• , rMull tMNK W1L9 KtU UFPlCE TO 93500610 P.03
PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS
LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQLMM ITEMS.
1. This completed application
2. Processing fee ofiVi QA& (Checks to be made payable to DEEM O "14O.OG
3. If an ownership change,legal documentation of the transfer of ownership (such as a contract,deed•
articles of incorporation)
CERTIFICATION. MST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION. j
Current Permittee's Certification:
W. Christopher Ste phens,V.P
attest that this application for namdow=sblp change has bees
reviewed anti is comp to ' of my knowledge I tmderstead that if all rcgttitcd pacts
of this applicati mp all rt�nifed supporting information and attachments are not
included this pled
Signature• �r Date l/ g S
Applicant's Certification:
I, Sandra Dail, Interim PresIa= tthis application OfanamelownClShipcbangebasbeen
reviewed and is acatrau 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 rewired supporting information and attachments are not
included,this application pacimp will be returned as mcomplete.
Signature, s //. Yd Date. it i 9S—
THE COMPL.1'I'ED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS,SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section .
_. nalgagoiRg ,_:
rib rvers
as 1;Q60as
•, �-
Fne. Efliv;-7aa e��9

BOOK PAGE
i968 0412
EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S)
MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED
RE: BOOK 1965
PAGE 0264
RECORDED IN THE NEW HANOVER COUNTY REGISTRY
NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
DECLARANT: LANDMARK DEVELOPERS, INC. and LANDMARK HOMES, INC.
TRUSTEE: N/A
BENEFICIARY: N/A
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I/WE, the undersigned, hereby certify that the following
corrections are made in the above-named recorded instrument in
accordance with the provisions of G.S. §47-36. 1 ratified June 30,
1986.
DESCRIPTION OF CORRECTION(S) : The incorrect Map Book and Page
number was included on this Amendment to Protective Covenants
(Map Book 35, Page 210) and has been corrected to refer to the
correct Map Book and Page number--Map Book 35, Page 220 and the
recording information for the Protective Covenants of Summerlin
Falls Section One has been corrected to refer to the rerecorded
Book and Page Number, rather than Book 1963 , Page 870 .
THIS THE 21st DA OF DECEMBE , 1995.
-i��2 !/ (SEAL)
Nan6y Y4. yton
This explanation statement together with the attached instrument
duly rerecorded at 4 ' A5 o'clock P .m. this the f day
of -b aL 19", in the book and page shown on the first
page hereof.
yAny Rug (oron By:
Register of Deeds Depu /P.c� Register
of DEreds

From: Landmark Developers, Inc. LETTER OF TRANSMITTAL
5022 Wrightsville Avenue
PO Box 4127(28406) D LS V �I DATE hpf
� JOB NO:
Wilmington,North Carolina 2840 U
919/392- 201 CAN 9 19. 6 ATTEN ION:
n r
1 z1 C Ati2Q1 NA-L, o�
.Z
iN �� G
WE ARE SENDING YOUtf:t Attached Under Separate Cover Via the following items:
Shop Drawings Prints Plans Samples Specifications
Copy of Letter Change Order
Copies Description
60 J a ICJ 3
eyn 8RRIAffATtr
UdUaUHMiUEn
D
dh JAN 191996
THESE ARE TRANSMITTED as checked below: PROJ 4.
5� ILft��
OFor Approval Approved as Submitted Far Your Use Approved as Noted
�As Requested Review and Sign For Your Review&Comment Returned for Corrections
^
1
REMARKS
c--
L,D �� E-0 PDtJE 0 J-(! c� I I�
(��2o GAS S AzeyI tv'--
COPY TO: SIGNED: 1
Transmittal -5

Andrew & Kuske John R. Andrew, P.E.
CONSULTING ENGINEERS, INC. Iuj������I'll J. A. Kuske, P.E.
J. Philli Norris, P.E.
202 North Fifth Avenue AUG 2 5 1995 U Telephone: [phone]
Wilmington, NC 28401 Facsimile: 910/343-9604
LETTER OF TRANSMITTAL
io. NC-D04N R , Date: 2l Job No.: �SDS9
Attention: , (� Subject:
5W 9 g4-09 (�
WE ARE SENDING YOU ATTACHED FAX TRANSMITTAL: NUMBER OF PAGES
VIA [] UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL
[] Shop Drawings (] Prints [) Tracings Call 910/343-9653 if you have any
() Specifications (] Disks [J Copy of Letter difficulty receiving this message
[1
COPIES DATE NO. DESCRIPTION
I 8-21 -q`S CoL�c ol[�
S"TIiINMVqAIE
u
AUG 2 5 1995
D E M
THESE ARE TRANSMITTED AS CHECKED BELOW:
(] For Approval [] No Exceptions Taken [ ] Rejected-See Remarks
[] For Your Use [ ) Make Corrections Noted (] Returned For Corrections
[) As Requested [] Amend and Resubmit [] Return Corrected Prints
[] For Review and Comment [] Your Prints Returned After Loan To Us
[J FOR BIDS DUE [j
REMARKS:
x�lrn_ nn_IC:FAX -+F 35D -No I D
Signed:
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the
sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee
you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited.
If you have received this document in error please immediately notify the sender and return to the address above.

Landmark Developers, Inc. T@ `r7T
JUN 2 8 1995 1
...........................
June 23, 1995
Linda Lewis
NCDENHR
DEM/Water Quality Section
127 Cardinal Dr. Ext.
Wilmington, NC 28405-3845
Re: Summerlin Falls
Stormwater Project No. SW8 940916
New Hanover County
Dear Ms. Lewis,
In response to your letter dated May 25, 1995, the stormwater pond at Summerlin Falls has been
constructed according to the approved construction plans. Phil Norris,P.E.,from Andrew and Kuske, is
scheduled to inspect it on Monday,June 26, in order to give us an engineer's certification. We will
forward a copy to you as soon as it is available.
Sincerely, /
Jamey Wooten
Development Coordinator
Wi�ATE
ECE[ dEJU
I� ,IUN 2 R 1995 IJ
D E M
PROJ #- WX �A(Ca
5022 Wrightsville Ave. • P.O. Box 4127 • Wilmington, N.C. 28406 • [phone] • Telecopier [phone]

JLIN-23-95 FRI 04 :53 P.M LANDMARK 910 350 0610 F, 01
NDMARK I� D
Organizmion Inc JUN [^ j 1M77CJ
Fax Transmittal
PRQj #.S a40�II(D
Deliver To: LYirrfa LPGc;r From. JQ�,n['</
company: ,/l/ClJ�ff/U��'9��/✓ / 1 Z4Date: /
Fax Number: 3S� 7 y
Total Number of Pages: (Including Cover Sheet)
Message::
A�f �cf n
r.
If you do not receive all pages or have any problem call
at 919/392-7201.

Landmark Developers, Inc.
June 23, 1995
JUN 2 3 1995
Linda LewisD -
NCDENHR a
SW M 40
DEM/Water Quality Section r1i0 J
127 Cardinal Dr, Ext.
Wilmington, NC 28405-3845
Re: Summerlin Falls
Stormwater Project No. SW8 940916
New Hanover County
Dear Ms. Lewis,
In response to your letter dated May 25, 1995, the stormwater pond at Su m-nerlin Falls has been
constructed according to the approved construction plans. Phil Norris, P.E.,from Andrew and Kuske, is
scheduled to inspect it on Monday, June 26, in order to give us an engineer's certification. We will
foncard a copy to you as soon as it is available.
Sincerely.
Jamey Wooten
Development Coordinator
5022 Wrightsville Ave, • P.O. Box 4127 • Wilmington, N.C. 28406 • [phone] • Telecopier [phone]

v 19 6 3 0 8 7 0 RECORDED AND VERIFIED RECORDED AND VERIFIED
HARY SUE DOTS MARY SUE DOTS
REGISTER OF DEEDS REGISTER OF DEEDS
NEW HANOVER CO. NC NEW HANOVER CO. NO
STATE OF NORTH CAROLiNA PROTECTIVE COVENANTS
COUNTY OF NEW HANOVER '95 DEC 13 P(9 3 00 OF SUMM ONIONE�LEC 21 PM y 23
SECTI
BOOK PACE %
� cA �tie g J
1 9 6 $ These P t nvenants, made this the_13_day of � 1 g S , by landmark
Developers, Inc.,a North Carolina corporation and Landmark Homes, Inc.,a North Carolina corporation, their
successors and assigns, whether one or more, hereinafter referred to as "DECLARANT".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in New Hanover County,
North Carolina,which is more particularly described as SUMMERLIN FALLS, Section 1 in that map recorded
in Map Book 35, Page 184, of the New Hanover County Registry.
NOW, THEREFORE,DECLA RANT hereby declares that all of the properties described above
shall be held, sold and conveyed subject to the following casements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of and which shall run with the real property
and he binding on all parties having any right, title, or interest in the described properties or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I
Definitions
0001.46 Section 1. Association and HOA stall be used interchangeably to mean and refer to
Summerlin Falls Homeowners' Association, Inc., a private non-profit corporation formed or to be formed by
the developer primarily as a Homeowners Association for the Lot Owners in SUMMERLIN FALLS, all of
whom shall be Members of tine Association.
Section 2. Board of Directors or Board shall be the elected hoard governing the
Association and managing the afJ'airs of the Association.
Section 3. Bulaws means the Bylaws of Summerlin Falls Homeowners'Association,Inc.
Section 4. Common Area shall mean all real property owned by the Association for the
common use and enjoyment of the Owners, including Conservation Area(s).
Section S. Common Expenses means and includes actual and estimated expenses of
maintaining and operating the Common Areas and Limited Common Areas and Conservation Area(s) and
operating the Association for general purposes, including any reasonable reserve, as may be found necessary
and appropriate by the Board of Directors pursuant to these Protective Covenants, the Bylaws and the Articles
of Incorporation of the Association, including the following:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of administration, maintenance, repair or replacement of Common Areas,
sewer system outside of the public right-of-way, and the stormwater runoff system;
(c) Expenses declared to be Common Expenses by the provisions of these Protective
Covenants or the Bylaws.
(d) Expenses agreed by the Members to be Common Expenses of the Association.
(e) Any ad valorem taxes and public assessments levied against the Common Area.
Rerecorded to add Exhibit A and add language omitted from Article 12.
S� y5eWA T F R
D E C E I V E D liE3Urv4r_DT0
JAN 191996
D E M
PROJk tw$ Ll "1(O

Section 6. DECLARANT shall be and refer to Landmark Developers, Inc., a North
Carolina corporation, its successors and assigns, and Landmark Homes, Inc., a North Carolina corporation,
its surcessors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from
the DECLARANT fitr the purpose of development.
Section 7. Protective Covenants shall mean this instrument as it may be from time to
time amended or supplemented.
Section 8. Eligible Mortgage Holder or Eligible Holders is defined as a holder of a first
mortgage or lien on a unit who has requested notice of certain matters from the Association.
Section 9. Limited Common Areas shall mean and include those Common Areas and
facilities which are reserved for Cite use of a certain Lot or Lots to the exclusion of other Lots, as more
specifically defined herein.
Section 10. Lot shall mean and refer to any of the Lots numbered 1 through 4, and 1-G
through 4-G, inclusive,as shown on the plat of SUMMERLIN FALLS, Section 1, recorded as aforesaid, in the
New Hanover County Registry together with the single family structure or dwelling thereon which structure
may be separately referred to as a "Unit", and any other numbered lots which may be shown on maps which
may be recorded in the future showing additional sections of SUMMERLIN FALLS.
Section 17. Member shall mean and refer to each and every person and entity who or
which owns a Lot in SUMMERLIN FALLS SUBDIVISION.
Section 12. Mortgagee shall mean a beneficiary under a mortgage or Deed of Trust.
Section 13. Owner shall mean and refer to the record owner,whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but
excluding those having such interest merely as security for the performance of an obligation.
Section 14. Properties shall mean and refer to that certain real property which is described
as SUMMERLIN FALLS, Section 1, in that map recorded in Map Book 35, Page 184, and such additions
thereto as may hereafter be brought within the jurisdiction of the Association.
Section 15. Subdivision means all of that real property known collectively as
SUMMERLIN FALLS as shown on that nap recorded in Map Book 35, Page 184, New Hanover County
Registry and all maps which may be recorded in the future showing additional sections of SUMMERLIN
FALLS.
ARTICLE 2
Property Rights
Section 1. Owners' Easements Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title
to every Lot, subject to the following provisions:
a. The right to the Association to limit the number of guests of Members;
b. The right of the Association to suspend the voting rights and right to use the
Common Areas and the recreational facilities by an Owner for any period
during which any assessment against this Lot 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 part of Cite Common
Area to any public agency,authority,or utility for such purposes and subject
to such conditions as may be agreed to by the Association;
d. The right of the Association to impose rules and regulations for the use and
enjoyment of the Common Area and improvements thereon, and Limited
Common Area and improvements (hereon, which regulations may fitrther
restrict lite use of the Common Area and Limited Common Area and the
right of the Association to establish penalties for any infractions thereof.
2

i 9 6 8 0394
Section 2. Delegation of Use. Owner may delegate, in accordance with the ByCarws, his
right of enjoyment to the Common Area and facilities to Cite Members of his family, his tenants, or contract
purchasers who reside on the property.
ARTICLE 3
DECLARANT'S Rights
Section 1. The DECLARANT hereby reserves the right to annex and subject to these
restrictions the real property described in Exhibit A attached hereto and incorporated herein by reference, in
order to extend the scheme of these Protective Covenants to other property to be developed and thereby bring
such additional Properties within the jurisdiction of the Association. Each additional parcel or tract of land,
with the improvements thereon, or to be placed thereon, which is subject to this Protective Covenants shall be
designated consecutively as "Section Two", "Section Three", and such other similar designations for any
additional phases added.
Section 2. The rights reserved by DECLARANT in Section One and all annexed
Sections include the right to change,alter or designate roads, utility and drainage facilities and easements,and
to change, alter or redesignate such other present and proposed amenities or facilities as ntoy in lite sole
judgment of the DECLARANT, be necessary or desirable, except that the DECLARANT shall have no right
to change, alter or redesignate lire character of the use of the Lots within the development.
ARTICLE 4
Easements
Section 1. Easements are reserved as necessary in the Common Areas for installation
and maintenance of underground utilities and drainage facilities.
Section 2. The Association,actingthrough its oflicers,agents,servants,and/or employees
shall have the right of unobstructed access at all reasonable times to all Properties as may be reasonably
necessary to perform the exterior maintenance called for in Articles 11 and 12 of these Protective Covenants.
Section 3. Easements are reserved over those portions of lire Common Areas, Limited
Common Areas and facilities that may be necessary or required to accommodate overhanging eaves or other
cantilevered construction which may encroach upon the Common Areas or Limited Common Areas or the air
and light space above such Common Areas.
Section 4. Each Lot and all Common Areas and facilities and Limited Common Areas
and facilities are hereby subject to an easement for the installation, repair, maintenance, expansion, reduction,
inspection, removal, relocation, meter reading or other service, of or to all gas, electricity, television, telephone,
water, plumbing, sewer, utility, drainage, irrigation or outer facilities, whether or not the cause of any or all
of those activities originates on the Lot in which the work must be perfirrnted.
Section 5. Each Lot, and the property included in the Common Area, shall be subject
to an easement far encroachments created by construction,settling and overhangs for all buildings constructed
by DECLARANT. A valid casement for said encroachments and fur the maintenance of same, so long as such
encroachments stand, shall and does exist.
Section 6. Ingress and egress is reserved for pedestrian traffic over, through and across
sidewalks, paths, walks, and lanes as the same from time to time may exit upon the Common Areas and
facilities; and,for vehicular traffic over, through and across all streets as from time to tine may be paved and
intended for such purposes, for all Lot Owners in SUMMERLIN FALLS, their guests,families, invitees,
licensees, employees, lessees, the Association, the DECLARANT, its successors and assigns. DECLARANT
hereby reserves alienable easements over all streets and Common Areas as necessary to provide access for future
development by DECLARANT or its successors and assigns of any Properties adjoining the Project.
Section 7. An easement is hereby granted to all police,fire protection, ambulance and
all similar persons, companies or agencies performing emergency services to enter upon the Lots and Common
Area in the performance of their duties.
Section 8. In case of any emergency originating in or threatening any Unit or Lot or
the Common Areas and facilities, regardless whether the Unit or Lot Owner is present at the time of such
emergency, the Board of Directors or any other person authorized by it,shall have the right to enter any Unit
for lire purpose of remedying or abating the causes of such emergency and making any other necessary repairs
not performed by the Unit Owner, and such right of entry shall be immediate.
3

Section 9. The real property in this SubdivisToh t&ubject to a conhM with Carolina
Power and Light Company for the installation of underground eleelr('�a t�'f thes which mqy ire an initial
contribution and/or the installation of street lighting, which will s�rbjZeMa, i Owner t�a L�o9ling monthly
payment to Carolina Power and Light Company.
Section 10. All easements and rights described herein are easements appurtenant,running
with the land, and shall inure to the benefit of and be binding on all undersigned, its successors and assigns,
and any Owner,purchaser, Mortgagee and other person having an interest in said land, or any part or portion
thereof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the benefit
of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and
other person having an interest in said land, or any part or portion thereof, regardless of whether or not
reference to said casement is made in the respective deeds of conveyance, or in any mortgage or trust deed or
other evidence of obligation, to the easements and rights described in these Protective Covenants.
Section 11. Parking Rights. Ownership of each Lot shall entitle the Owner or Owners
thereof to the use of the garage and the parking space immediately, in front of the garage for parking purposes.
Only guests of Owners shall be allowed to park in the delineated larking spaces. Owners and their guests
shall have the right of ingress and egress in and upon their applicable parking area(s). No Owner or guest
shall park a vehicle which blocks another Owner's access to his garage.
ARTICLE 5
Association
Section 1. Purpose. An Association named Suntmerlin Falls Homeowners Association,
Inc., has or will be formed pursuant to the requirements of the Nonprofit Corporation Act (Chapter 55A) of
the General Statutes of North Carolina. Its purposes are to own, manage, maintain and operate the Common
Areas and facilities located upon the Common Areas and the Limited Common Areas and facilities located upon
the Limited Common Areas, subject to the provisions of Article I I herein; to enforce the Protective Covenants
contained herein, and to make and enforce rules and regulations governing the Owners' use and occupation
of Lots.
Section 2. Membership. Every person who is record Owner of a fee or undivided fee interest
in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers,
but excluding persons who hold an interest merely as security for the performance of any obligations, shall be
a member of the Association. Ownership of such interest shall be the sole qualification for such membership;
there shalt be only one vote per Lot in such Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot. The Board of Directors may make reasonable rules regarding proof of
ownership.
Section 3. Voting Rights. The Association shall have two classes of voting memberships.
a. Class"A". Class A Members shall be all Owners with the exception of the
DECLARANT and shalt be entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast with respect
to any Lot.
b. Class "B". Class B Mentber(s) shall be the DECLARANT and shall be
entitled to three (3) votes for each Lot owned. The Class B membership shall
cease and be converted to Class A membership on the happening of either of
the following events, whichever occurs earlier:
(1) When Cite DECLARANT owns twenty-five percent (25`70) or less of
the residential lots in the subdivision, including any property which
may be annexed to the subdivision, or
(2) On December 31, 2005.
Section 4. Common Area and Limited Common Area. The Common Area and Limited
Common Area cannot be mortgaged or conveyed without the consent of the two-thirds (213) of Cite Lot Owners.
4

Section 5. Management and Administration. The management and administration of
the Common Areas and Limited Common Areas of the Subdivision and the Association shall be the sole right
and responsibility of the Association. The management shall be carried out in accordance with the terms and
conditions of these Protective Covenants, the Articles of Incorporation and Bylaws of the Association, but may
be delegated or contracted to manager(s) or a management service.
Section 6. Assumption and Assignment to Association. All water, sewer, land use,
stormwater system and utility permits,agreements and easements between DECLA RANT and any municipal
orgovernmental agency or department or public or private utility company shall be assumed by the Association
upon the assignment of all such permits, agreements and easements to the Association by DECLARANT. The
Association shall thereafter be responsible for and assume all duties, obligations, rights and privileges of
DECLARANT under such permits,agreements and easements, including all maintenance responsibilities. in
addition, the Association shall assume all maintenance responsibilities for those sections of the sewer system
located outside the public right-of-way. .
ARTICLE 6
Covenants for Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
DECLARANT,for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association:
a. General assessments or charges for Common Expenses, and
b. Special assessments for capital improvements, or special assessments as
established by the Board of Directors, and
C. Individual assessments against specific Lot(s) or property, in the event an
Owner fails to comply with the provisions of these Protective Covenants, tiie
Articles, By-laws or Rules and Regulations of the Association. The
Association through its Board of Directors, may perform such required task
or remedy such matter, or assess a fine for such failure to comply and may
levy the cost of such fine, performance, or remedy against the Owner(s) and
the Owner's property as an individual assessment.
The general, special and individual assessments, together with interest, costs, late fees and
reasonable attorney's fees, shall be a charge on the Lot and shall be a continuing lien upon tiie Lot against
which each assessment is made. Each such assessment, together with interest, costs, late fees and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the
time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to any
successors in title unless specifically assumed by them.
PROVIDED, the DECLARANT shall be exempt from the payment of the general assessment
fee for any unsold Lots which are platted of record in the ice of the Register of Deeds of New Hanover
County, during the period ending December 31, 200,5, except that DECLARANT shall pay for grounds
maintenance for any unsold Lots.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfnre of the residents in the Properties and for
the Improvements and maintenance of the Compton Area,and Limited Common Area,and of the Units situated
upon the Properties and to pay the taxes and other municipal charges or fees of the Common Area.
Section 3. initial General Assessment. The initial assessment, due and payable to the
Association, shall be prorated and paid at the time of closing of the purchase of a Lot by an Owner, so that all
payments thereafter shall be due on the first day of the month following the closing and on the first day of each
following month or the due date(s) which may be set by the Board of Directors as is snore filly set forth in
Section 6 of this Article. All general assessments shall be fixed to a uniform rate for all Lots.
5
I

J U U U J J t
Section 4. Special Assessments for Capital Improvements. In addition to the general
assessments authorized above,the Association may levy,in any assessment year,a special assessment applicable
to the,year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area, including maintenance of sewer lines
and other elements of the sewer system as required by government permits or as needed, Limited Common
Area, easement areas, including fixtures, and personal property related thereto provided that any such
assessment shall have the assent of two-thirds (213) of the votes of each class of Members who are voting in
person or by proxy at a meeting duly called for this purpose. All special assessments for capital improvements
shall be fixed to a uniform rate for all Lots.
Section 5. Working Capital Assessment. At the time title is conveyed to an Owner by
DECLARANT, each Owner shall contribute to the Association as working capital an amount equal to two
months of the regular general assessment amount. Such finds shall be used solely for initial operating and
capital expenses of the Association, such as prepaid insurance,supplies, and the Common Areas and facilities,
furnishings, and equipment, etc. Amounts paid into the working capital fund are not to be considered as
advance payment of regular assessments. All working capital fiords shall become part of the general funds of
the Association.
Section 6. Notice and Quorum for any Action Authorized Under Section 4. ' Written
notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to
all Members not less than ten (10) days nor more than sixty (60) 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 of each class of membership shall constitute a quorum. The required quorum at any subsequent meeting
shall be one-half(1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
Section 7. Date ofCommencement of General Assessments and Due Dates. Thegeneral
assessments provided for herein shall commence as to all Lots in this section on the day of the conveyance of
the first Lot in this section except that general assessments shall not commence for any Lot until a certificate
of occupancy has been issued for such Lot. Thefirst general assessment shall be adjusted according to the
number of nwnths remaining in the calendar year. The Board of Directors shall fix the amount of the general
assessment against each Lot at least thirty (30) days in advance of each general assessment period. Written
notice of each general assessment shall be sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors. The Board of Directors shall require the general assessments to be paid
at least annually, but may require the general assessments to be paid more often. The Association shall, upon
demand, and for a reasonable charge,purnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments and Remedies of the Association. Any
assessment, if not paid within thirty (30) days after the date such assessment is due, together with interest at
the maximum rate allowed by law, costs of collection, court costs, late fees and reasonable attorney's fees, shall
constitute a lien against the Lot upon which such assessments are levied. The Association may record notice
of the same in the office of the Clerk of Superior Court of New Hanover County, or file a suit to collect such
delinquent assessments and charges. The Association may file Notice of Lis Pendens, bring an action at law
against the Owner personally obligated to paying the same and/or bring an action to foreclose the lien against
the property. No Owner may waive or otherwise escape liability for the assessments provided herein by non-
use of the Common Area or abandonment of his Lot or for any other reason.
Section 9. Subordination of the Lien to Mortgakes. The lien of the assessments provided
far herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding
in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof.
Section 10. Exempt Property. All Properties dedicated to,and accepted by,a Total public
authority and all Properties owned by a charitable or nonprofit organization exempt front taxation by the laws
of the State of North Carolina shall be exempt from the assessments created herein, except no land or
improvements devoted to dwelling use shall be exempt from said assessments.
6

BOOK PACE 1968 0398
i 9 6 3 0876
ARTICLE 7
Insurance
It shall be the duty of the Association to maintain in effect the casualty and liability insurance
as follows:
Section 1. Amount and Scone of Insurance. All insurance policies upon the Properties
(except personal property within a Unit), shall be secured by the Board of Directors, or its designee on behalf
of the Association with full authority which shall obtain such insurance against (1) loss or damages by fire or
other hazards normally insured against, and (2) such other risks, including public liability insurance, as from
time to time shall be customarily required by private institutional Mortgage Investors for projects similar in
construction, location and use as the Properties and the improvements thereon all under such terms and
conditions as the responsible authority stall be for at least $1,000,000.00 for bodily injury, including deaths
of persons and property damage arising out of a single occurrence. Coverage under this policy shall include,
without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons
in connection with the operation, or maintenance or use of the Common Areas and areas fvr which the
Association has maintenance responsibilities,and legal liability arising out of lawsuits relating to employment
contracts of the Association. The foregoing shall not preclude the Board from obtaining insurance coverage
on all or a portion of the Limited Common Areas and facilities. In obtaining such coverage the responsible
authority shall consider the reasonable requirements of holders of first liens on individual Lots.
Section 2. Insurance Provisions. The Board of Directors shall make diligent efforts to
insure that said insurance policies provide for the following:
a. A waiver of subrogation by the insurer as to any claims against the
Association, any officer, director, agent or employee of the Association, the
Lot Owners and their employees, agents, tenants and invitees.
b. A waiver by the insurer of its right to repair and reconstruct instead of
paying cash.
C. Coverage may not be canceled or substantially modifed (including
cancellation for nonpayment of premium) without at least thirty days prior
written notice to the named insured and all Mortgagees.
d. Coverage will not be prejudiced by act or neglect of the Lot Owners when
said act or neglect is not within the control of the Association or by any
failure of the Association to comply with any warranty or condition
regarding any portion of the property over which the Association has no
control.
e. The master policy on the property cannot be canceled, invalidated or
suspended on account of the conduct of any one or more individual Lot
Owners.
f. The Waster policy, on the property cannot be canceled, invalidated or
suspended on account of the conduct of any officer or employee of the Board
of Directors without prior demand in writing that the Board of Directors
cure the defect and the allowance of a reasonable time thereafter within which
defect may be cured by the Association, any Lot Owner or any Mortgagee.
Section 3. Premiums. All insurance policy premiums on the property for the benefit of
the Association purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense and the Association shall levy against the Owners equally
as an additional general assessment, pterein called 'Insurance Assessment") which shall be in addition to the
amounts provided for under Section 3 above,an amount si fcient to pay the annual cost of all such insurance
premiums.
Section 4. Proceeds. All insurance policies purchased pursuant to these provisions shall
provide that all proceeds thereof shall be payable to the Board as insurance trustee or to such attorney-at-law
or institution with trust powers as may be approved by the Board of Directors.
7

l y 0 0 U J U U
Section S. Policies. All insurance policies purchased by the Board of Directors shall be
with a company or companies permitted to do business in the State of North carolina and holding a rating of
"A" or better by the current issue of Best's Insurance Reports. All insurance policies shall be written for the
benefit of the Board of Directors and the Lot Owners and their Mortgagees as their respective interests may
appear, and shall provide that all proceeds thereof shall be payable to the Board of Directors and duplicates of
said policies and endorsements and all renewals thereof, or certificates thereof, together with proof of payment
of premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration date with respect
to the then current policies. Duplicates shall also be obtained and issued by the Association to each Mortgagee, .
if any, upon request of such Mortgagee at any time.
Section 6. Individual Policies. if the Association shall determine that it would be more
economically feasible in lieu of the Association maintaining a master policy fa, the entire project,for the Unit
Owners to purchase insurance policies covering each Unit and Unit Owner individually, theft upon the assent
of two-thirds of Members (which votes may be cast in person or by proxy) who are eligible to vote at a meeting
duly called for such purpose, the insurance coverage for the entire project may be turned over to the Members
to purchase individual policies under such terms and conditions as the Association may prescribe. If the
responsibility for naintaining the insurance coverage on the project is turned over to the individual Lot
Owners under the provisions of this paragraph, then the Association shall be named as additional insured on
each policy, each Unit shall be insured for its full replacement value and tite provision of this Article 7 shall
be modified accordingly.
Section 7. Distribution of insurance Proceeds. Proceeds of insurance policies shall be
distributed to or for the benefit of the beneficial Owners in the following manner:
a. Expenses of Trust. All reasonable expenses of the insurance trustee shall be
first paid or provision made therefor.
It. Reconstruction or Repair. The remaining proceeds shall be used to defray the
cost of repair for the damage or reconstruction for which the proceeds are
paid. Any proceeds remaining after defraying such cost shall be distributed
to the beneficial Owners, including lienholders of record, or retained by the
Association for such Common Expenses or purposes as the Board shall
determine.
ARTICLE 8
Fidelity Bonds
Section 1. General. The Association may maintain blanket fidelity bonds for all officers,
directors, employees and all other persons handling or responsible for funds of the Association. if the
Association shall delegate some or all the responsibility for the handling of its fund to a management agent,
such fidelity bonds shall be maintained by such management agent for its offices, employees and agents
handling or responsible for funds of or administered on behalf of the Association.
Section 2. Amount of Coverage. The total amount of fidelity bond coverage required
shall be based upon best business judgment and shall not be less titan the estimated maximum of funds,
including reserve funds, in the custody of tite Association or the management agent,as the case may be,at any
given time during the term of each bond. However, in no event may, the aggregate amount of such bonds be
less than a sum equal to three months aggregate assessments on all Units plus reserve funds.
requirements: Section 3. Other Requirements. Fidelity bonds required herein must meet the following
a. Fidelity bonds shall name the Association as an obligee.
h. The bonds shall contain waivers by the issuers of the bonds of all defenses
upon the exclusion of persons serving without compensation from the
definition of"employees", or similar terms or expressions.
C. The premiums on all bonds required herein for the Association (except for
premiums on fidelity bonds maintained by a management agent for its
officers,employees and agents)shall be paid by the Association as a Common
Expense.
8

i 9 6 3 0878
d. The bonds shall provide that they in" not be canceled or substantially,
modified (including cancellation for nonpayment of premium) without at
least ten 00) days prior written notice to the Association if a condominium
project, to any insurance trustee and each Eligible Mortgage Holder.
Section 4. Recommendation of Rental Agents. At the ann ual meet ing of the Association,
or such other meeting of the Association as is designated by the Board, the Board may, upon notice to the
Owners, recommend for the approval of the Association one or more agents for the rental of Units during the
forthcoming year. Prior to recommending agents for the approval of the Association, the Board shall have
authority to require of any agent desiring to qualify as an approved agent to submit a copy of the proposed
rental agreement to be used by such agent, together with such other information as the Board may reasonably
require. The Board may require, as a condition of approval, that all rental agreements incorporate such
standard procedures as may be required to minimize problems of security, maintenance, equality and operation
of the Common Areas and facilities of the property. Neither the Association nor the Board shall have, or
attempt to impose as a condition of approval,any control over the commission schedule, or fees charged by any
approved rental agent, or the permissible period of rental,all of which shall be for the sole determination of the
approved rental agent and any Owner selecting such agent.
Each Owner shall have the absolute right to enter into any direct rental, lease or saes
arrangement with renters, lessees and purchasers which shall be consistent with the Protective Covenants,
Bylaws of the Association and such other regulations as may from time to time be promulgated by the
Association and/or Board provided that said rental shall be at least three (3) months in continuous term.
Nothing herein shall be construed as creating or authorizing any rental pooling or as requiring the rental of
a Unit by an Owner or as restricting the Owner's use of his Unit. If any court of law, governmental
regulatory body having appropriate jurisdiction or approved legal counsel to the Association determines that
any portion of this provision is unlawful or would require registration of the offering of any Lot as security,
then such portion of this provision shall be invalid until such requirement is eliminated.
ARTICLE 9
Architectural Control
Section 1. No structures, buildings, or improvements shall be commenced, erected, or
maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made,
including change of color, until the plans and spec f cations showing the nature,kind,shape,heights,materials,
and location of the same shall have been submitted to and approved in wriling as to harmony of external design
and location in relation to surrounding structures and topography by DECLARANT, or by an architectural
committee composed of three(3)or more representatives appointed by Cite DECLARANT. Structures,buildings
and improvements shall include, but not be limited to any dwelling,garage,fence, wall, sidewalk, hedge, "lass
planting,changes in grade or slope,swimming pool, treehouse,playhouse,sign,flag pole,exterior illumination,
monument or marker, outdoor statuary, exterior lights, security lights, storm door, utility facility, mailbox,
patio, deck, shrubbery or landscaping. In the event said DECLARANT, or its designated committee,fails to
approve or disapprove such design and location within thirty (30) days after complete plans and spectfications
have been submitted to it, approval will not be required and this Article will be deemed to have been fully
complied with. DECLARANT shall notft Owner(s) if complete plans and specifications have not been
received. DECLARANT, subject to the provisions of Section 2 hereinafter, may assign these duties to the
Board of Directors of the Association or to an architectural committee composed of three (3) or more
representatives appointed by the Board.
Section 2. All duties and responsibilities conferred upon the Board or the Architectural
Control Committee by these Protective Covenants or the Bylaws of the Association may be exercised and
performed by the DECLARANT or its Designee at its discretion, so long as DECLARANT shall own any Lot
in the Properties or any additions annexed thereto by Supplemental Protective Covenants or Amendment to
these Protective Covenants.
Section 3. Once construction of an improvement is started on any Lot,the improvement
must be completed in accordance with the approved plans and specifications within twelve (12) months from
commencement.
9

buuh I "v�
i968 0401
BOOK PAGE ARTICLE 10
1963 0879 Party Walls
Section 1. General Rules of Law to Apply. Each wall is built as a part of the original
construction of the Units upon the Properties and placed on the dividing line between the Lots shall constitute
a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall
apply thereto.
Section 2. Sharing or Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction bu Fire or other Casualty. If a party wall is destroyed or
damaged by fire or other casualty,any Owner who has used the wall may restore it, and if the other Owners
thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such
use without prejudice, however, to the right of any such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent or willful acts or omission.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an
y h
Owner who bis negligent or willful act causes the party wall to be exposed to the elements shall bear the
whole cost of firrnishing the necessary protection against such element.
Section 5. Right to Contribution Runs with Land. The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such
Owner's successors in title.
Section 6. Arbitration. In the event of any, dispute arising concerning a party wall, or
under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose
one additional arbitrator, and lire decisions shall be It a majority of all the arbitrators.
ARTICLE 11
Limited Common Areas
The central courtyard areas, being that land in the middle of each four(4) Unit cluster of Lots
as further described on a map recorded in Map Book 35, Page 784, of the New Hanover County Registry and
any other maps of additional sections of the Subdivision, which may be recorded in the New Hanover County
Registry in the future, shall be known as the Limited Common Area. The Owner of the Lots abutting the
Limited Common Area shall have the exclusive use, possession and control of the Limited Common Area
abutting their Lots, subject to the same rights and limitations applicable to each Owner and Lot as provided
herein and in the Bylaws and Rules and Regulations of the Association. PROVIDED, however, that the
Limited Common Areas shall be maintained by the Association as provided in Article 12 herein. No personal
property or fixtures of any kind or sort may be placed or stored in any Limited Common Area, except as may
be provided by the Association.
ARTICLE 12
Exterior Maintenance
In addition to maintenance upon the Common Area, the Association shall provide exterior
maintenance upon each Lot which is subject to assessment hereunder as follows: paint, repair, replace and care
of roofs, gutters, downspouts, exterior building surfaces, brick walls and other exterior improvements. Such
exterior maintenance shall not include glass surfaces, exterior doors, and window frames (i.e. entire window
unit),gates to private courtyards which are part of any Lot(s) unless approved by the Board of Directors,
except the Association shall be responsible for painting exterior doors. 4uyv,
The exterior maintenance obligations described in the preceding paragraph shall also apply to
the Limited Common Areas hereinabove defined and shall include, in addition, maintenance to any gates, or
fountains located in Limited Common Areas as well as all personal property,fixtures, or other property placed
upon the Limited Common Areas by Declarant of the Association.
Owners arc solely responsible for lite maintenance of their Lot except as hr maintenance of
those areas expressly set fiirth in this Article.
10

BOOK PAGE
i 9 6 3 0880
1968 0902
In the event that the need for maintenance,repair or replacement is caused through the willful
or negligent act of the Owner, his family, guests, invitees, lessees, agents or employees, the cost of such
maintenance, replacement or repairs, shall be added to and become an individual assessment to which such Lot
is subject.
ARTICLE 13
Use Restrictions
Section 1. Land Use and Building Type.
(a) All Lots shall be used for single family residential purposes except that so long
as the DECLARANT or its designee shall retain ownership of any Lots, it may utilize any such Lot or Lots
for sales or rentals, offices, models or other usage for the purpose of selling or renting Lots within said project
including the right to place "For Sale" or "For Rent" or "Future Nome Of..." signs on such Lots. The
DECLA RANT may assign this limited commercial usage right to any other person or entitles as it may choose,
provided, however, that when all Lots have been sold this right of commercial usage by the DECLARANT, its
designee, its successors and assigns shall immediately cease. No building shall be erected, altered, placed or
permitted to remain on any Lot other than one single fancily dwelling not to exceed one story in height. Any
building erected, altered,placed or permitted to remain on any Lot shall be subject to the provisions of Article
9 of these Protective Covenants relating to Architectural Control.
(b) Nothing shall be stored in any Common Areas or Limited Common Area
without the prior consent of the Board of directors; there shall be no obstruction of any Common Area or
Limited Common Area; and there shall be no violation of the rules and regulations adopted by the Board of
Directors.
Section 2. Nuisances. No noxious or offensive activity or noise or odor shall be carried
on or created on or upon any Lot, or any Common Area or Limited Common Area nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 3. lunk Vehicles No inoperable vehicle or vehicle without current registration
and insurance will be permitted on the premises. The Association shall have the right to have all such vehicles
towed away at the Owner's expense.
Section 4. Outside Furniture. No furniture or personal property shall be permitted on
the front porch except plants which must be approved by the Board of Directors. No firrniture or any other
type of personal property or fixtures shall be permitted in any Common Area or Limited Common Area.
Section 5. Signs Prohibited. Except as provided in Section 1 above, no "For Sale" or
"For Rent" signs or any other signs or advertisements shall be permitted on any Lot or Common Area and
facilities or Limited Common Area and facilities.
Section6. Temporary Structures. No structure ofa temporary character,including, but
not limited to, trailer, tent, shack,garage, barn or other outbuilding, shall be used on any Lot any time as a
residence either temporarily or permanently.
Section 7. Vehicles. No truck nor other vehicle in excess of a three-quarter (314) ton
capacity, boat, vessel, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle or apparatus
shall be permitted to remain on any Lot, or in parking spaces, or on any street at any time, unless by consent
of the Association. No vehicle of any type shall be parked on any street in the Subdivision. All vehicles,
including motorcycles, must be parked only in a designated parking space as provided in Article 4, Section 10
or in a garage. All tools or other materials stored in vehicles for overnight parking shall be kept out of sight.
No customized vehicles which are unsightly in appearance as determined by the Board of Directors or the
DECLARANT shall be allowed.
Section 8. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and provided fiirther that
they are not allowed to run free and are at all times properly leashed and personally escorted and not become
a nuisance or bother to other Owners. No animals, livestock or poultry of any kind may be raised, bred or kept
in any Common Area or Limited Common Area. pets must be restrained or confined within the Unit. Owners
must promptly remove any and all animal excrement front any and all Common Areas and Limited Common
Areas and Lot(s) and keep such area(s) clean and free of pet debris. All animals must be properly tagged for
identfcation.
11

! you u0011966 0400
Section 9. Outside Antennas and Satellite Dishes. No outside radio or television
antennas or satellite dishes shall be erected on any Lot or dwelling Unit within the Properties unless and until
permission for the same has been granted by the Board of Directors or its architectural control committee. Any
such antennas or satellite dishes must be screened and not visible outside the Lot.
Section 10. Window Coverings. All window treatments or coverings must be off white
in color as seen from outside the Unit.
Section 11. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Lot shall be clear, white, or non frost lights or bulbs.
Section 12. Fireplaces. No wood burning fireplaces shall be constructed on any Lot or
within any dwelling'Unit. Decorative fireplaces with electric heating elements or gas logs and gas tanks may
be allowed if permission is granted by the Board of Directors or its architectural control committee.
Section 13. Destruction. Any dwelling or improvement on any Lot that is destroyed in
whole or in part by fire or other casualty shall be rebuilt and all debris removed and lire Lot restored to a
sightly condition with reasonable promptness,provided,however, that in no event shall such debris remain on
such Lot longer than three months. A temporary privacy wall or fence must be built to provide continued
Privacy of adjacent neighbors within seven days and must be approved in advance by the Board.
Section 14. Stormwater Runoff Regulations All Lots are subject to the State of North
Carolina rules and regulations concerning stormwater runoff as these rules and regulations are amended from
tine to time. These regulations currently provide that Subdivision, including all additions thereto will be
restricted to a maximum of 322,860 square fret of built upon area including impervious surfaces such as
foundation; structures; pavement; concrete, driveways, including that portion of the driveway located within
a street right-of-way, which runs from the property line to the road pavement;and walkways or patios of brick,
stone or slate, and gravel, marl or stone covered areas, not including wood decking or the water surface of
swimming pools. DECLARANT reserves the right to recalculate the maximum allowable built upon area in
accordance with the stormwater rules and regulations of the Stale of North Carolina. All drainage swales or
drainage patterns used to treat stormwater runoff as required by the State of North Carolina may,not be filled
in, piped or clanged without the consent of the DECLARANT, its designee, the Association, or the State of
North Carolina and shall be maintained by the Association. The State of North Carolina is hereby made a
beneficiary of this Protective Covenants to the extent necessary to enforce its stormwater runoff regulations
as the same may be amended from time to time. This paragraph cannot be changed or deleted without the
consent of the State of North Carolina.
Section 75. Red-Cockaded Woodpecker. The Red-Cockaded Woodpecker is recognized as
a federally endangered species, and as such it and its cavity trees are protected by federal law. Cavity trees
of lire Red-Cockaded Woodpecker exist in various locations throughout the Properties and have been tagged for
easy identification. Any person or persons attempting to remove trees or causing damage to such sites are
subject to prosecution to the fullest extent permissible under federal law.
Section 16. Conservation Area. Any area identified in any recorded Wrap as a
Conservation Area shall be a Common Area and stall be maintained by the Association. Conservation Area(s)
shall be created to protect the habitat of the Red-Cockaded Woodpecker. The Conservation Area(s) shall be
maintained in its natural state and in accordance with all management or maintenance plans required by any,
local, state or federal governmental authorities so long as the area is required to protect the habitat of the Red-
Cockaded Woodpecker. If any Conservation Area(s) is no longer required to be maintained to protect the
habitat of the Red-Cockaded Woodpecker, the Association may maintain such area(s) as Common Area(s) in
the same manner it maintains other Common Area(s).
ARTICLE 14
Annexation of Additional Properties
Section 1. Except as provided in Sections 2 and 3, below, annexation of additional
property shall require the assent of two-thirds (213) of the Class A Members, if any, at a meeting duly called
for this purpose, written notice of which shall be sent to all Members not less than ten (10)days nor more than
sixty (60) days in advance of the meeting.
Section 2. If the DECLARANT,its successors orassigns,shall developall oranyportion
of any land described in Exhibit A, such additional tract or tracts may be annexed to said Properties without
the assent of the Class A Members, provided however, the development e f the additional tract or tracts
described in this section shall be in accordance with the same general scheme of development as SUMMERLIN
FALLS.
12

BOOK PAGE
1963 0 8 8 2 i 9 6 8 0404
Section 3. Tile rights of DECLARANT reserved in Article 3 shall expire automatically,
on December 31, 2015, if not exercised prior thereto.
ARTICLE 15
Compliance with these Protective Covenants, the Articles
and the Bylaws of the Corporation
In the case of fajhure of an Owner to comply with the terms and provisions contained in this
Protective Covenants, the Articles, the Bylaws or Rules and Regulations of the Association, the following relief
shall be available:
Section 1. The Association, the DECLARANT and any Owner,an aggrieved Owner within the
Subdivision on behalf of tine Association or any Owner on behalf of all the Owners within tine Subdivision shall
have the right to enforce by any proceeding at law or in equity,all of the conditions,covenants and restrictions
of these Protective Covenants and the Articles, Bylaws and rues and regulations of the Association and any
and all laws hereinafter imposed pursuant to the terms of these Protective Covenants. The prevailing party
shall be entitled to collect all costs thereof, including reasonable attorney's fees.
Section 2. The Association shall have the right to remedy the violation and assess the
costs of remedying same against the offending Owner as an individual assessment as provided in Article 6
herein.
Section 3. For any violation byan Owner,including,but not limited to,the nonpayment
of any general, special or individual assessment, the Association shall have the right to suspend the afjending
Owner's voting rights and the use by such Owner, his agents, lessees, employees, licensees and invitees of the
Common Areas in the Subdivision for any period during which a violation continues except that such penalties
may not be for more than sixty (60) days for violation of any of the Association's published rules and
regulations.
Section 4. The Association may establish a schedule of fines far the violation of this
Protective Covenants, the Articles, Bylaws and rules and regulations. if an Owner does not pay the fine
within 15 days the fine shall be an individual assessment against the property and may be enforced by the
Association in accordance with Article 6 herein.
Section 5. The remedies provided by this Article are cumulative,and are in addition to
any other remedies provided by law.
Section 6. The failure of the Association or any person or Otoner to enforce any
restriction contained in these Protective Covenants, the Articles, the Bylaws or the Rules and Regulations shall
not be deemed a waiver of the right to do so thereafter.
ARTICLE 16
Duration, Amendment & Termination
Section 1. Lots, Persons and Entities Subject to the Protective Covenants. All present
and future Owners, tenants,and occupants of Lots and theirguests or invitees, licensees,employees or agents,
shall he subject to,and shall comply with the covenants,conditions, restrictions and affirmative obligations set
forth in these Protective Covenants, and as the Protective Covenants may be amended front time to time. The
Acceptance of a deed of conveyance or the entering into of a lease or tine entering into occupancy of any Lot
shall constitute an agreement that the provisions u f these Protective Covenants are accepted and ratjfued by such
Owner, tenant or occupant and that they will fully comply with the terms and conditions of said Protective
Covenants. The covenants, conditions, restrictions, and affirmative obligations of these Protective Covenants
shall inure to the benefit of and be enforceable by bite Association, or the Owner of any Lot, their respective
legal representatives, heirs, successors and assigns, far a term of hoenty (20) years from Nye date these
Protective Covenants is recorded in the New Hanover County Registry, afler which date these Protective
Covenants shall be extended for successive periods of twenty (20)years, unless a majority of the then Owners
agree to revoke the same, and the covenants, restrictions, conditions and affirmative obligations of this
obligations shall run with and bind the land and shall bind any person having at any time any interest or
estate in any Lot as though such provision were made a part of each and every deed of conveyance or lease.
13

1963 0883
Section 2. Amendment. At any time prior to December 31, 2075 or until all Lots are
sold, these Protective Covenants may be amended by DECLARANT in its discretion. Retention of this right
by the DECLARANT is not intended to affect the general or common scheme of development for the property
herein described but to correct and/or modify situations or circumstances which may arise during the course
of development. Thereafter, these Protective Covenants may be amended by vote of not less than sixty percent
(60%) of the Owners and an instrument must be recorded at the New Hanover County Registry for such an
amendment to be effective. In no event may the Protective Covenants be amended so as to alter any obligation
to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the
payment thereof established herein, or so as to deprive DECLARANT, its designee or successors and assigns
of any rights herein granted or reserved into DECLA RANT. In addition, the DECLA RANT may amend this
Protective Covenants to annex additional property and make it subject to the terms, conditions, restrictions,
obligations and covenants of these Protective Covenants as provided in Article 3 and Article 14 herein.
ARTICLE 17
General Provisions
Section 1. Municipal Water,Sewer Service and Utilities. Municipal server service shall
be provided lul the City of Wilmington or other municipal agency or department. Water service for the
Subdivision shall be provided by a municipal agency or department,or by licensed utility company. No private
well shall be permitted on any Lot except for irrigation purposes, and then only with the consent of the Board
of Directors. The operation and maintenance of any non-municipal utility, including, but not limited to the
water, sewer, drainage, irrigation systems and driveway/parking areas, will be the responsibility of the
Association.
Section 2. Amenities and Facilities. Every park, recreation area, recreation facility,
dedicated access and other amenities appurtenant to the Subdivision, whether or not shown and delineated on
any recorded plat of the Subdivision, shall be considered private and for the sole and exclusive use of the
Owners of Lots within the Subdivision. Neither DECLARANT'S execution nor the recording of any plat nor
any other act of DECLARANT with respect to such area is, or is intended to be, or shall be construed as a
dedication to tiie public of any such areas,fiicilities, or amenities.
Section 3. Waiver. No provision contained in these Protective Covenants, the Articles
of Incorporation or the Bylaws of the Association shall be deemed to have been waived,abandoned,or abrogated
by reason of failure to enforce them on the part of any person as to the same or similar future violations, no
natter how often the fuilure to enforce is repeated.
Section 4. Variances. The Board of Directors or DECLARANT in its discretion may
allow reasonable variances and adjustments of these Protective Covenants in order to alleviate practical
dq7culties and hardship in their enforcement and operation. Any such variances shall not violate the spirit
or the intent if this document to create a Subdivision of Lots owned in fee by various persons with each such
Owner having an easement upon areas owned by file Association.
Section 5. Conflict In the event of any irreconcilable conflict between these Restrictions
and the By-taws of the Association, the provisions c f these Restrictions stall control. In the event of any
irreconcilable conflict between these Restrictions or the Bylaws of the Association and the Articles of
Incorporation of the Association, the provisions of the Articles of Incorporation shall control.
Section 6. Severabilihu. Invalidation of any one of these covenants or restrictions by
jnd,�mient or any court, agency or ItWislalive order shall in no way aff ct any other provision, covenants,
conditions or restrictions contained in these Protective Covenants.
Section 7. Captions tions. The captions preceding the various Articles of these Protective
Covenants are for the convenience of reference only, and shall not be used as an aid in interpretation or
construction of these Protective Covenants. As used herein, the singular includes the plural and where there
is more than one Owner if a Lot, said Owners are jointly and severally liable for the obligations herein
imposed. Throughout these Protective Covenants, references to the masculine shall be deemed to include the
feminine, the feminine to include the masculine and the neuter to include the masculine and feminine.
Section 8. Assignability of Rights and Liabilities. DECLARANT shall have the right
to sell, lease, transfer, assign, license and in any manner alienate or dispose of any rights, interests and
liabilities retained,accruing and reserved to it by these Protective Covenants. Following any such disposition,
DECLARANT in no way shall be liable or responsible to any party with regard to any such right, interest,
or liability or any claim or claims arising out of same in any manner.
14

i 9 6 3 0884 BOOK PAGE
i968 0406
Section 9. Liberal Construction. The provisions of these Protective Covenants shall be
construed liberally to effectuate its purpose of creating a Subdivision of fee simple ownership of Lots and
buildings governed and controlled by rules, regulations, restrictions, covenants, conditions, reservations and
easements administered by an Owners'Association with each Owner entitled to and burdened with the rights
and easements equivalent to those of other Owners.
IN WITNESS WHEREOF, Landmark Developers, Inc., and Landmark Homes, Inc. the
DECLARANT, have caused this instrument to be executed by its proper corporate officers, all as of the day
and year first above written.
LANDMARK DEVELOPERS, INC.
(CORPORATE SEAL) As��,DFVEr '*#
.......... OA .,, --- 2
",( , "
ATTEST: ' ' Presi nt
p . CORpoe" iE H'
AL
ry
LANDMARK HOMES, INC.
(CORPORATE SEAL)
ATTEST: I t(7 Presi e t
COiaPCSATE
`'(if '
5 7, Secretary 'o, `.,
,�,',,'+i NtC„� I0%*
NORTH CAROLINA
NEW HANOVER COUNTY
1 a Notary Public of the State and County aforesaid,
certify that _t-. n a - n personally came before me this day and acknowledged lhat!he is
stssr secretary of Landmark Developers, Inc., a North Carolina corporation with its principal office in
New Hanover Calmly, and that In/ authrrity duty given and as the act of the corporation, the foregoing
instrument was signed in its name by its'�l�hident, sealed with its corporate seal, and attested by himself as
its VvaST secretary.
•t$
WITNESS my hand and official seal this 13 - day of 1)ccuj boo. 1995.
4a.�cv s.Po • P
.,,... ..... ��• � ono
d NOTARY otary Public
M,,ylI commission expires:
} 'y
PUBLIC r2
OVEFG
rnnuu�
15

BUUK PAGE
i 9 6 3 088 �, 968 O 'i07
NORTH CAROLINA
NEW HANOVER COUNTY
1, 2e4 4 'S 1�� a Notary Public of the State and County aforesaid,
certify that H. Wr ro 4,6nr-K� personally came before me this day and acknowledged thatshe is
AnrC secretary of Landmark Homes, Inc.,a North Carolina corporation with its principal office in New
Hanover County,and that by authority duly given and as the act of the corporation, the foregoing instrument
was signed in its name by its°'tesident, seated with its corporate seal, and attested by himself as its
_}sn secretary.
WITNESS my hand and official seal this day of 1995.
= NCTARY ,% ' Notary Public
My commission expires: :
LZ PUBLIC
ove
NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate.s of /'(� �L a Notary Public of
0 e-,O c-C'ounly, North Carolina, ' c rt fed to he correct.
Thj- day of Alx-c- 7995.
�& � QO
REGISTER OF DEEDS OFJVEW HANOVER COUNTY
BY:
Dep I1
Ncm,d•,ve.a
16

i9 .68 O909
EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S)
MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED
BOOK PAGE
1968 0908
EXHIBIT A
A certain tract or parcel of land lying and being in Wilmington
Township, New Hanover County, North Carolina, and being a part of
the Landmark Land and Timber, Inc. tract as described in Deed Book
1316 , page 366 of the New Hanover County Registry, and being more
particularly described as follows :
BEGINNING at an iron pipe in the western right-of-way line of the
60 foot public right of way of George Anderson Drive, said iron
pipe being located the following bearings and distances from .a
concrete control monument located at the intersection of the
centerline of George Anderson Drive with the eastern right-of-way
line of U. S. 421, Carolina Beach Road, North 56 degrees 05 minutes
20 seconds East 943 .79 feet with the centerline of George Anderson
Drive, thence North 29 degrees 53 minutes 17 seconds West 30 . 07
feet to the point Of BEGINNING. From said BEGINNING point, leaving
the right-of-way of George Anderson Drive, North 29 degrees 53
minutes 15 seconds West 967 . 67 feet to an old iron pipe, thence
North 44 degrees 38 minutes 42 seconds East 1015 . 47 feet to an old
iron pipe on the western right-of-way line of George Anderson
Drive, thence with said right-of-way a curve to the left having a
radius of 533 . 81 feet and a chord of South 03 degrees 06 minutes 10
seconds East 508 .55 feet to an iron pipe on said right-of-way,
thence continuing with said right-of-way South 31 degrees 33
minutes 00 seconds East 134 . 57 feet to an iron pipe thence
continuing with said right-of-way a curve to the right having a
radius of 621 . 31 feet and a chord of South 12 degreees 16 minutes
10 seconds West 860 . 38 feet to an iron pipe on said right-of-way,
thence continuing with said right-of-way South 56 degrees 05
minutes 20 seconds West 176 . 40 feet to the point of BEGINNING and
containing 16 .955 acres according to a survey by Hanover Design
Services, P.A. in February of 1995 .

1 9 6 8 0 4 10 RECORDED AtIO VERIFIED
MARY SUE DOTS
REGISTER OF DEEDS
`lJ PAGE NEW HANOVER CO. NC
BOOK 965 26 .4 '95 DEC 15 P1412 42
i 0 _
PREPARED BY. MURCHISON, TAYLOR, KENDRICK,
GIBSON & DAVENPORT, L.L.P.
16 N. FIFTH AVENUE, WILMINGTON, NC 28401
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS OF SUMMERLIN FALLS
COUNTY OF NEW HANOVER SECTION TWO
KNOW ALL THESE MEN BY THESE PRESENTS THAT.•
Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes, Inc.,
a North Carolina Corporation (herein collectively "DECLARANT") heretofvre executed the Protective
Covenants of Summerlin Falls, Section One, and caused the same to be recorded in BooJ2—VdPage39_qA-w,
et EM. in the New Hanover County Registry (herein the "Protective Covenants"); and
WHEREAS, in accordance with Articles 3 and 14 of said Protective Covenants, the
DECLARANT has the right to develop and annex additional land and make the same subject to the
Protective Covenants by an amendment to the Protective Covenants; and
WHEREAS, the DECLARANT has developed additional lots designated as Section Two,
Summerlin Falls, all of which the DECLARANT desires to be made subject to the Protective Covenants.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants
by making subject to said Protective Covenants and annexing thereto, the following described properties:
BEING ALL of SECTION TWO SUMMERLIN FALLS as shown on
map thereof duly recorded in MAP BOOK -25 AT PAGE 220 . of the
D000 f 9 New Hanover County Registry, reference to said map is hereby made fin
a more particular description.
and effirct. Except as amended, the aforesaid Protective Covenants shall be and remain in full firce
This the 14 day of December 1995
+'a'.';.••••••••., ,:%. !• LANDMARK DEVELOPERS, INC.
(CORPORATE SEAL)
A CORFL':'WiE
�1�1 )g CM''�su�it 3YJL:
President
„O
5 Secretary, .N;C'i.��'+�,++'
(CORPORATE SEAL) LANDMARK HOMES, INC.
ATTEST: BY: S £KT
R) a- L- 1ce President
A--5 _ Secretary
RECORDED AND VERIFIED
REGISTER OF
,q. .. .. �, .� DEEDS
NEW HANOVER CO. NC
CC;:PC RATE
95 DEC 21 PM 4 25
` r'1 T/ -&,40
Rerecorded to correct the Map Book and Page number from Map Book 35, Page 210
to Map Book 35, Page 220.ajRjdto correct the recording information for the
Protective Covenants of Stir41 n Falls, Section One n' or

1 9 6 8 0 9 11 duuh PAGE
1965 0265
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
�-1{ � � a Notary Public r f the Stateand County aforesaid,
certify that�I. iC2nne y�nria f personally came before me this day and acknowledged thathe/she
is &. Secretary of Landmark Developers, Inc., a North Carolina Corporation with its
principal afjice in New Hanover County, and that by authority duty given and as the act of the
corporation, the foregoing instrument was signed in its name by its V r e President,sealed with
its corporate seal, and attested by4i+rrself/herself as its Ai�-s'r Secretary.
WITNESS my hand and official seal this Afday of T'1x_ ,her 1995.
Notary Public �0 � .•"'•...... �rO,
My mmission Expires: .•� ti '•,
�
C 149(o NOTARY i
Z° PUBUO / a
STATE OF NORTH CAROLINA '0 ' :-
p���NO;
COUNTY OF NEW HANOVER
a Notary Public of the Stateand County aforesaid,
certify that_ f�nr�io V.ltnnry.! personally came before me this day and acknowledged that hrlshe
is Amn Secretary of Landmark Homes, Inc., a North Carolina Corporation with its
principal office in New Hanover County, and that by authority dul given and as the act of the
corporation, the foregoing instrument was signed in its name by its c2 President, sealed with
its corporate seat, and attested by4rimsetffherself as its ^--sr— Secretary.
WITNESS my hand and official seal this jWtday of Zlecv„fx, 1995.
Its fill
1Yle
Notary Public :.•� .• " •.,+F �,��
My Cp mmission Expires: r' NOTARY 1
�St 1951A .
—*—
z PUBUO f 2V
NORTH CAROLINA �'• ,�(�••�
0 NEW HANOVER COUNTY
The foregoing certificate of Aebt
'4� S, Own _ Notary Public, is certified to be
correct.
This day of b F C• 1995.
MARY SUE DOTS,
REGISTER OF DEEDS OF NEW HANOVER COUNTY
BY:
NG1,,vAv6.87
2

RECORDED A11D VERIFIED
BOOK I•IARI' SUE DOTS
PAGE
REGISTER OF DEEDS �.
19 6 9 0 5 7 2 NEW HANOVER CO. NC
PREPARED BY: MURCH►SON, TAYLOR, KENDRICK, '95 DEC 28 RR 9 33
GIBSON & DAVENPORT, L.L.P.
16 N. FIFTH AVENUE, WILMINGTON, NC 28401
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS OF SUMMERL►N FALLS
COUNTY OF NEW HANOVER SECTION THREE
KNOW ALL THESE MEN BY THESE PRESENTS THAT:
Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes, Inc.,
a North Carolina Corporation (herein collectively "DECLARANT") heretofore executed the Protective
Covenants of Summerlin Falls, Section One, and caused the same to be recorded in Boold9_68 Page 392
et AM. in the New Hanover County Registry (herein the "Protective Covenants"); and
WHEREAS, in accordance with Articles 3 and 14 of said Protective Covenants, the
DECLARANT has the right to develop and annex additional land and make the same subject to the
Protective Covenants by an amendment to the Protective Covenants; and
WHEREAS, DECLARANT,by Amendment to the Protective Covenants recorded in Book
19 68 Page410 of the New Hanover County Registry, did annex Section Two; and
WHEREAS,the DECLARANT has developed additional lots designated as Section Three,
Summerlin Falls, all of which the DECLARANT desires to be made subject to the Protective Covenants.
NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants
by making subject to said Protective Covenants and annexing thereto, the following described properties:
BEING ALL of SECTION THREE SUMMERL►N FALLS as shown on
map thereof duly recorded in MAP BOOK 35 AT PAGE 225 of the
New Hanover County Registry, reference to said map is hereby made fvr
a more particular description.
and effect. Except as amended, the aforesaid Protective Covenants shall be and remain in full force
1111,,,,11�phis the 27 day of December 1995.
LVt;jOA
LANDMARK DEVELOPERS, INC.
:(f RPOR'QIIr rnrEA' _
" 11 . {.J�IJ.1/ki r
ATTEST: �� BY: lit/
dP President
eS" cretary�
a�nl.rgrry
(COR3 A0. t ��f��° LANDMARK HOMES, INC.
�pRA1'�°9Ej4 �"
crl(aoRnTt
ATT1ST;,. . 1� E BY.
VP President
4� fcr Secretary
��•hdVl Iibiy
• J`J•CORRORn(EJ
i)iira a,4
(Yox&�Lo

�I
STATE OF NORTH CAROLINA BOOK PAGE
COUNTY OF NEW HANOVER 19 6 9 0 5 7 3
L)'� a Notary Public of the State and Count resaid,
certify that % �U/� personally came before me this day and acknowledged that helaim
is r"4�1 Secretary of Landmark Developers, Inc., a North Carolina Corporation with its
principal office in New Hanover County, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its t/�,J President,sealed with
its corporate seal, and attested by himself/hemelf-as its 644o& • Secretary.
uk
WITNESS my hand and official seal this .?7da—y of_�w¢ . 1995.
Notary Public ✓ 7
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, �f ALJ� a Notary Public of the S late and Cou nty aforesaid,
certify that personally came before me this day and acknowledged that h%Ae
is Qd" . Sec r tary of Landmark Homes, Inc., a North Carolina Corporation with its
principal office in New Hanover County, and that by authority dut given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with
its corporate seal, and attested by himself as its ram_ Secretary.
WITNESS my hand and official seal thisl ay of .tT. 1995.
Notary Public
My Commission Exppires: z
A7W f
NORTH CAROLINA
NEW HANOVER COUNTY
J` +�f[li YJ44444
The foregoing certificatesof Dcl2nraym A9f,�=// Notary Public,
correct. certified to 6e
This 1ST day of n (+, 1995.
MARY SUE OOTS,
REGISTER OF DEEDS OF NEW HANOVER COUNTY
BY. d,fj, , (F nTiti�
Deputy
NGh's/os6.8fl
2