SW8940916_HISTORICAL FILE_20090820

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

SUMMERLIN FALLS HOA, INC. C/O PROFESSIONAL ASSOCIATION MGT. 2460
NC Division of Water Quality 2/9/2008
Date Type Reference Original Amt. Balance Due Discount Payment
2/9/2008 i Bill SW8940916 505.00 505.00 505.00
Check Amount 505.00
r
RECEIVED
FEB 1 2 2008
Y:
Security Savings Oper 505.00

O!f W A.1'FR Michael 1'. Easley,Governor
o� pG
William G. Ross Jr.,Secretary
7 North Carolina Department of Environment and Natural Resources
Co
Q Y - Coleco H.Sullins Director
Division of Water Quality
February 1, 2008
Sunmerlin Falls Homeowners Association, Inc.
Mr. Steve Sulkey
Professional Association Management
3530 Lewis Loop Rd. SE
Bolivia, NC 28422
Subject:: Stormwater Pemiit No. SW8940916
Summerlin Falls
New Hanover County
Dear Mr. Sulkey:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8940916
to Sumerlin Falls Homeowner's Association for a High Density pond to serve Summerlin Falls on
2/08/1996. This permit expired on 2/08/2006. Section .1003(h) of 15 A NCAC 2H .1000 (the
stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If
this is still an active project please complete and submit the enclosed renewal application in a timely
manner. If this project has not been constructed and a permit is no longer needed, please submit a
request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please
provide the name, mailing address and phone number of the person or entity that is now responsible for
this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the
property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completer)
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000
per day.
If you have any questions, please feel free to contac staff in the stormwater group at 910-796-7215.
Si rely,
Ed Beck, Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office oar
X"p hCarolina
r urally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterguality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper

�. STATEMENT
P. O. Box 3445
Wilmington,NC 28406
910-791-6836 .910-7914432
y J "jGe
C/O PROFESSIONAL ASSOCIATION MGT. G � �P�y
SUMMERLIN FALLS HOA I'^
3530 LEWIS LOOP RD SE
BOLIVIA, NC 28422
P.O.Number.
Date Completed Invoice Payments and Days Finance
Number Service Amount Tax: Credits Old Charge New Balance
Summerlin Falls HO George Anderson Dr
1!7l2008 112351 Monthly Pond Maintenance I E150.00 $0.00 $0.00 11 $0.00 $150.00
Please Remit: MOM
«� Olt
P �d�aacce (gym.
10 You-
P. O. Box 3445
Wilmington,NC 28406
910-791-6836 a 910-791-5432 Amount Paid$ Check#
Visa Mastercard
Card Account#.
pleme am pOMM sd A wih pernwc T' a" Expiration Date:
Statement Date: 1/18/2008 Name on Card:
Account Key:460022 Signature:
Comments:
Please Remit:$150.00 m

Pond Maintenance, Co.
Complete Pond Maintenance Services
P.O.Box 3445 •Wilmington,NC•28406 L )
Contact:Jay Taylor 910-791-6836 or Ray Skipper 910-791-5432 �\ r
Fax [phone] \
Invoice and Pond Inspection Report
This inspection/cleaning was completed on:
Pond and/or Development Location: SU�.,..
Inspection Type: [3 Monthly ❑Quarterly ❑Semi-Annual ❑Annual
I R;7 rw LAf)rc do hereby acknowledge that 1 personally inspected the above pond/ponds.
Any discrepancies noted during the inspection process are noted in the remark section of the pond inspection report.
Inspector. :^` f'.,___.,. . .. -=>_.✓ Dace:
Remarks
Non-Compliance with state regulations:
Legal and Safety Issues:
❑No fence
El-No warning signs
Other issues:
Observations and Comments to Center Owners/Openrors:
Noncompliance with state regulations need to be corrected.At the time of inspection,pond condition was
Nuisance vegetation was:
Ocher concerns/comments;
Monthly Inspection Date: J Last Inspection:
0lnspection of the trash rack, removal of accumulated debris,repair/replace the rack if it is not functioning propedy.
Q Inspect and dear the intake orifice of any obstructions.If a pump is used as the drawdown mechanism,pump operation
will be checked.The log of test runs for the pump should be kept on site.Inspection personnel will operate the pump and
sign off on the test log.
O Inspection of the pond side slopes and grassed inlet swales if applicable.Any eroded areas arc noted in the remark section.
❑If the pond is operated with a vegetated filter,the filter has been checked for sediment accumulation,trash a«emulation,
erasion and proper operation of Elie flow spreader control.
" -
Chemtcalsaroed: .<'l- ,�i�
o�
Amount:

file:///Untitled
Hello Mr. Harrell,
Linda asked me to send you the impervious on Summerlin Falls....
that number is 344,600 square feet. Our stormwater file number is
SW8940916 for future reference.
If you have anything further, please contact .....
Have a good day!
b�
I of 1 6/26/2002 9:29 AM

1744 0910
PREPARED BY: MURCHISON,TAYLOR&GIBSON,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 FOURTEEN
tl(i0170
KNOW ALL THESE MIN BY THESE PRESENTS THAT:
Landmark Developers,Inc.,a North Carolina Corporation,and Landmark Homes,
Inc.,a North Carolina Corporation,(Sunrise Homes,Inc.being successor in title and interest to
Landmark Homes,Inc.) (herein collectively"DECLARANT")heretofore executed the Protective
Covenants of Summerlin Falls,Section One,and caused the same to be recorded in Book 1968, .
Page 392,g1 ma.and amended by that amendment recorded in Book 2499,Page 74,both of 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 Amendments to the Protective Covenants recorded
in Book 1968,Page 410,Book 1969,Page 572,Book 2066,Page 960,Book 2120,Page 0542,
Book 2179,Page 0794,Book 2258,Page 846,Book 2280,Page 047,Book 2404,Page 523,Book
2515,Page 0876,Book 2615,Page 263,Book 2643,Page 0066 and Book 2690,Page 157 all of the
New Hanover County Registry,did annex Section Two,Section Three,Section Five,Section Four,
Section Six,Section Seven,Section Eight,Section Nine,Section Teo,Section Eleven, Section
Twelve and Section Thirteen;and
WHEREAS,the DECLARANT has developed additional lots designated as Section
Fourteen,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
�dcribed properties:
nr4EIVE
BEING ALL of SECTION FOURTEEN SUMMERLIN FALLS as
shown on map thereof duly recorded in Map Book 39 at Page 332,
U N 0 2 2000 of the New Hanover County Registry,reference to said map is
hereby made for a more particular description.
DWQ
PROJ# Except as amended,the aforesaid Protective Covenants shall be and remain in full
force and effect.
FpEVEi0.4,,,, This the 5hday of May,2000.
$gcoRPoture.'• s 0 ,INC.
S ' l .. SEAL)
��i,,4•�'....,.A�«yi.tS',j?� BY: ..:.+_.
per• Secretary
Rz i cd =Td y SUNRISE HONES,IKC.
=y= Sn( RP TESEAL)
L' BY:
I/I ,rL President
Secretary
20285 RETURNED TO

? 744 0911
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
L 1 ,44 S PIP& a Notary Public of the State and
County aforesaid,certify t KLvin Mr Cn,l_ r. personally came before me this
day and acknowledged that he/she is Awr Secretary of Landmark Developers,Inc.,a
North Carolina Corporation,and that by authority duly 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 himselDherself as its -A-9wr Secretary�y.a.
WITNESS my hand and official seal this 1? day of May,2000.
Notary Public rNnmrrr
My Commission Expires: �'0",j S.PopF•.
COt 10110MAY- _- �
8 PMY RECORDED AND VERIFIED !Vol
C'tIARYSUE'OOTS �
REGISTER OF DEEDS % J�.+``l
NEW HANOVER CO,NC '• 9 4
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I 5. a Notary Public of the State and
County aforesaid,certify thfit personally came before me this
day and acknowledged that he/she is _Secretary of Sunrise Homes,Inc.,a North Carolina
Corporation,and that by authority duly given and as the act of the corporation,the foregoing
instrument was signed in its name by its VUs President,sealed with its corporate seal,
and attested by himseWherself as its Secretary.
WITNESS my hand and official seal this 8L day of May,2000.
,%.00 8,Pop�c''4,� �1J� 10• Pq'3L�
(� .• ••"'• , '. Notary Public
My Commission Expires: .`44 ti. ti
. S jg1SC.J:
rpruurrN
NORTH CAROLINA
NEW HANOVER COUNTY
The foregoing certificate of Notary Public,is certified to
be correct. This aday of /}74y ,2 00.
MARY SUE OO'IJ,
REGISTER
✓OOF DEEDS OF NEW HANOVER COUNTY
BY:
Deputy
2

f
AUG A
'3Y:
LANDMARK
orgenl:etlon Inc
a
,� ior�r.xt � w
i.?7 �9
/° -: Vw~lz-, FA&
c ecl Qc�x�l, 199 e7_.A
64
e1ww. a x4
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308 Raleigh Street Wilmington, N.C. 28412 1910) 392.0373 Telecopier [phone]

MAY-28-98 THU 03 :32 PM LANDMARK 910 350 Oslo P. 01
IR FAX TRANSMITTAL
Orgr,nl,0111w fine
DEVELOPMENT OFFICE
FAX #[phone]
Date: rb
Deliver To: lil f') [D,A l/[ I S From: lw f
Company: L Fax
Total Number of Pages: (Including Cover Sheet)
Message:
9 C)q i dL)
F
If you do not receive all pages or have any problems call 910/392-7201
5022 Wrightsville Avenue, PO Box 4127, Wilmington, NC 20400

State of North Carolina ='suele P'02
_ *YjjF
Department of Environme CEIVED. #,*
Health and Natural Resou RE •
Division of Environmental Man genl6ek 2 7 1991 r
James B. Hunt, Jr., Governor ,v. �
Jonathan B. Howes, Secretary p E H t�1
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
PERMIT NAME/OWNER HIP CHANGE, FORM
I. CURRENT PERMIT INFORMATION:
Permit Number
I. Permit holders name:_ Landmark Developers , Inc .
2. Permit's signing official's name and title: W. C h r i s t o p h e r S t e p h e n s
(Person legally responsible for permit)
Vice President
(Tiae)
3. Mailing address:P . 0. B o x 412 7 City Wilmington
State: NC Zip Code` 28406 phone: (91 o 1 3 9 2-7 7 01
II. NEW OWNF.RINAME INFORMATION
I. This request fora name change is a result of:
_a. Change in ownership of property/company
A—b. Name change only
_c. Other(please explain)-
2. New owner's name(name to be put on permit)' S u m m e r l i n Fall s H . 0 . A . , Inc .
3. New owner's or signing official's name and title: R P r t E x u m
(Person legally responsible for permit)
President
flitie)
4. Mailing address: n n u L 1 ?7 City: Wilmington
State: NC Zip Code. 28406 phone: ( 910 392-7201

OCT-31-1995 16:37 FROM EHNR WILM REG OFFICE TO 93500610 P.03
PERMIT NAME/OWNERSHHP +* FANG . 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.
REQUIl2ID ITEMS:
1. This completed application
2. procxssing fee ofi 'i QA6(Checks to be made payable to DEHNR) O
3. If an ownership change,legal documentation of the transfer of ownership (such as a contract,deed.
articles of incorporation)
CERTIFICATION. NEST 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.
Current Permittee's Certification:
W . Christopher Stephens •
1. attest that this application for namelownership change has been
reviewed and' Co lete Witof my knowledge. I understand that if all required parts
cl li 0 1 if all m%uired supporting information and attachments are notas
Signature- Date- �d I3 9
Applicant's Certification:
I Bert E x u m attest that this application for a namelowne:ship change has been
reviewed and is accurate add Complete to the best of my knowledge. I understand that if all required pans
of this application are not Completed and that if all required suppmning information and attachments are not
.Udd,this a;,-vlicadon package will be ratumed as incomplete.
A Signature C t Date: I01 z 1 1 7
THE COMPLETED APPLICATION PACKAGE,INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS,SHOUTA BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of .Environmental Management
Water Quani Section
W+LM1tL617D
Fna. pip) wee 0;1

1
STORMWATER MAINTENANCE SYSTEM
MAINTENANCE PROCEDURES
SUMMERLIN FALLS
1. RESPONSIBLE PARTY
A. The project will be maintained by:
Summerlin Falls H.O.A., Inc.
5022 Wrightsville Avenue
Wilmington,NC 28403
910-392-7201
2. DETENTION POND AND COLLECTION SYSTEM
A. The detention pond will be checked after every major storm event to insure that the outlet structure
is working properly and is not clogged with debris. Remove any accumulated sediment or debris. Any signs of
erosion or deterioration of the pond side slopes or any other feature must be repaired before the next storm event.
B. The depth of the pond will be checked every six months to determine the depth of the permanent
pool. The pond will be cleaned out when silt deposits reduce the depth of the permanent pool below 5.63 feet.
C. Collection basins and piping will be checked every six months and kept clear as necessary.
3. CERTIFICATION
The former owner has submitted to the Department of Environment Health and Natural Resources an
Engineer's Certification that the stormwater facilities were constructed in accordance with approved plans.
Bert Exum H.O.A. President Date
NOTARY'S CERTIFICATION
State of North Carolina
;County ofNe Hanover
GMt (C�G weYa Notary Public in and for the State and County aforesaid,certify that
C personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.WITNESS my hand and notarial seal, this the a14 day of GA AA A 19 '11 .
My Commission Expires: y uxc
NIN. Aa. IM otary Public
sumstmwtr.doc(margaret) s,.. , OF $CAL^.
i t7ARY PINCKNEY HICKFdAN
Notary Publlo
Brunswick County
My Commission Espire7

w
900K PACE
Z615 0263
PREPARED BY.- MURCHISON, TAYLOR& GIBSON, L.L.P.
16 N. FIFTH AVENUE, WILMINGTON, NC 28401
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS OF SUMMERLINFALLS
COUNTYOFNEWHANOVER SECTIONELEVEN
KNOW ALL THESE MEN BY THESE PRESENTS THAT.
Landmark Developers, Inc., allorth Carolina Corporation, and Landmark Homes,
Inc., a North Carolina Corporation, (Sunrise Homes, Inc. being successor in title and interest to
Landmark Homes, Inc.j (herein collectively "DECLARANT') heretofore executed the Protective
Covenants of Summerlin Falls, Section One, and caused the same to be recorded in Book 1968,
Page 392, et sue. and amended by that amendment recorded in Book 2499, Page 74, both of 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 Amendments to the Protective Covenants recorded in
Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120, Page 0542, Book
2179, Page 0794, Book 2258, Page 846, Book 2280, Page 047, Book 2404, Page 523 and Book
2515, Page 0876 all of the New Hanover County Registry, did annex Section Two, Section Three,
Section Five, Section Four, Section Six, Section Seven, Section Eight, Section Nine and Section
Ten; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Eleven, 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 ELEVEN SUMMERLIN FALLS as shown
on map thereof duly recorded in Map Book 39 at Page 78, of the
New Hanover County Registry, reference to said map is hereby
made for a more particular description.
Except as amended, the aforesaid Protective Covenants shall be and remain in full
force and effect.
This the_.n day of July, 1999.
'R�la..f ecx.r.,rn Wesid
(CORPORATE SEAL) .•'' < P";
� o
, r
TTEST.
�. N .
` a'
5 S eta OF PQ9RQUALTY DUE TO
h C ,•`� CONDITION OF ORIGINAL DOCUMENT
0.3.161.14
(CORPORATE SEAL) SUNRISE HOMES, INC.
ATTEST: InH'O1ii C.
l +. '' Fc P ident
_z
* SEAL Pabum,a 7 rYT 4c-.%
JUN 0 2 2000 V, �•••••` *
Q
q t4111111U1111\\\\
PROD#

BOOK PAGE
STATE OF NORTH CAROLINA ' 6 15
COUNTY OFNEWHANOVER
I -S-PopQ a Notary Public of the State and
County aforesaid, certify that personally came before me this
day and acknowledged that he/she is ecretary of Landmark Developers, Inc., a
North Carolina Corporation, and that by authority duly 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 himsel rlherself as its { Secretary.
WITNESS my hand and official seal this 21 day of v 1999.
A
.�`rb4� • • f'F '., Notary Public
My Commission Expires: NOTARY I%
9, 2oa I
S Z PUBLIC ?
6• 2.•
'••.,,yqN....... '99 JUL 27 PM 12 06
RECORDED & VERIFIED
MARY SUE OOTS
RECSTER OF DE=DS
STATE OF NORTH CAROLINA
CO UNTY OF NE W HANO VER f-
I `�Q nn4e f N &!c `\�- , a Notary Public of the State and
County aforesaid, certify that .I M• powel l personally came before me this
day and acknowledged that he/she is (1�s-�. Secretary of Sunrise Homes, Inc., a North
Carolina Corporation, and that by authority duly 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 himseyl'herselfas its A s&A- . Secretary.
WITNESS my hand and official seal this day of �} ` 1999.
��nanuum°linairo
Notary Public
My Commission Expires: ?,• :'G 9
00¢ a NOTARY
PUBLIC Nit
v�rOO d1111T 9U1Q®p�OQ
NORTH CAROLINA
NEWHANOVER COUNTY STATE OF NORTH CAROLINA
New Hanover County
The foregoing certificate of ° Fare oi"8/ Anne d sate(e) of
be correct. This_day of
MARY SUE OOTS w be Public id are ce,t ea
REGISTER OF DE INS the—? dey of t I ed 197_...9_
fi,e Oo6, Register of Weds
Deputy --�Doputy/Aesic,w��
15271
2

_��.. BOOK PAGE
?•643 0066
PREPARED BY: MURCHISON, TAYLOR& GIBSON, 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 TWELVE
KNOW ALL THESE MEN BY THESE PRESENTS THAT:
Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes,
Inc., a North Carolina Corporation, (Sunrise Homes, Inc. being successor in title and interest to
Landmark Homes, Inc.) (herein collectively"DECLARANT")heretofore executed the Protective
Covenants of Summerlin Falls, Section One, and caused the same to be recorded in Book 1968,
Page 392, et SeMc. and amended by that amendment recorded in Book 2499, Page 74, both of 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 Amendments to the Protective Covenants recorded
in Book 1968, Page 410, Book 1969,Page 572, Book 2066,Page 960, Book 2120, Page 0542,
Book 2179, Page 0794,Book 2258, Page 846, Book 2280, Page 047, Book 2404, Page 523, Book
2515, Page 0876, and Book 2615, Page 263 all of the New Hanover County Registry, did annex
Section Two, Section Three, Section Five, Section Four, Section Six, Section Seven, Section Eight,
Section Nine, Section Ten and Section 11; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Twelve, 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 TWELVE SUMMERLIN FALLS as
shown on map thereof duly recorded in Map Book-3-1—at Page
;,RD , of the New Hanover County Registry, reference to said
map is hereby made for a more particular description.
.00187
Except as amended, the aforesaid Protective Covenants shall be and remain in full
force and effect.
This the 13 day of ,SQ em k r , 1999.
••t��ic�r,V1L40 0 L EV C.
(CORPORATE SE . .'sg�
CORPOPATE
EST: : ]ry i t ; x BY:
M.f�3.i.�
P P sident
HO, 4n
�9,.�•�"-.Rs SUNRISE HOMES, INC.
(CORPORATE SEAL) =1 04p0Jy�i
ATTEST: €> G ,.00� # CCAM
* SEAL * Prpei5ent
Secretar ...
16039
dnuN, mw
Rat_mcd To
3Sj - 7�vf

BOOK PAGE
STArm43 0067
E OF NORTH CAROLINA
COUNTY OF NEW HANOVER 1999 SEP 22 PM 4: 07
h ! REO�DEO M'D Vf I[ _D� Nt , _e otary Public
County aforesaid, certify th t fliGt (!
(�In �. l��lju !M nally came before me this
day and acknowledged that he/she is ,; Eb'retary of Larit�in'Ark Developers, Inc., a
North Carolina Corporation, and that by authority duly 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/herself as its / � Secretary.
WITNESS my hand and official seal this L3_day of 5e ,,, 1999.
•.`4ttY S. PO�i''. � y
NOTF.RY Mary Public
My Commission Expires: i — - 3 e
-Z: PUBUC
•..........•'�"�
OVEPO�`p��,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, J-r_nV t a Notary Public of the State and
County aforesaid, certify that -No-NY, p. Srv,i µi personally came before me this
day and acknowledged that he/she is A&sk• Secretary of Sunrise Homes, Inc., a North Carolina
Corporation, and that by authority duly 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/herself as its Aye`Secretary.
WITNESS my hand and official seal this Jday of Se_pkA , f , 1999.
b�ptary Publ �` F H.
My Commission Expires:
c2 °1 ate— NOTARY s
?�^y; PUBLIC _`
G `
GG0 COVER COp�
STATE OF NORTH CAROLINA �UINIIAIgt►�
New Hanover County
Fore oine/Anne)a ertificate(s) of
f Notary Public, is certified to
Notary (N es) Public is/ ere certified ' 1999.
to be conect.
This the obZ day o£gSw 19 tRY SUE OOTS,
May C out rtegister or/Deeds LISTER OF DEEDS OF NEW HANOVER COUNTY
by
Del t /ASg12T /
Deputy
16039 2

COOK PAGE
' 690 0157
PREPARED BY: MURCHISON,TAYLOR& GIBSON, L.L.P.
16 N. FIFTH AVENUE WILMINGTON,NC 28401
1000 JAN 10 PM 2: 55
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
',FECORDED AND VERIFIED COVENANTS OF SUMMERLIN FALLS
COUNTY OF NEW Y SUE DOTS
HA�rf�ER OF DEEDS SECTION THIRTEEN
NEW HANOVER CO.NC
nnn103
KNOW ALL THESE MEN BY THESE PRESENTS THAT:
Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes,
Inc., a North Carolina Corporation, (Sunrise Homes, Inc. being successor in title and interest to
Landmark Homes, Inc.) (herein collectively "DECLARANT")heretofore executed the Protective
Covenants of Summerlin Falls, Section One, and caused the same to be recorded in Book 1968,
Page 392, et seq. and amended by that amendment recorded in Book 2499, Page 74, both of 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 Amendments to the Protective Covenants recorded
in Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120, Page 0542,
Book 2179,Page 0794, Book 2258, Page 846, Book 2280, Page 047, Book 2404, Page 523, Book
2515,Page 0876, Book 2615, Page 263 AND Book 2643, Page 0066 all of the New Hanover
County Registry, did annex Section Two, Section Three, Section Five, Section Four, Section Six,
Section Seven, Section Eight, Section Nine, Section Ten, Section 11 and Section 12; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Thirteen, 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 THIRTEEN SUMMERLIN FALLS as
shown on map thereof duly recorded in Map Book 3 9' at Page
�, of the New Hanover County Registry, reference to said
map is hereby made for a more particular description.
Except as amended, the aforesaid Protective Covenants shall be and remain in full
force and effect.
This the/01J? day of . QDuo/ , 1?000 .
EVELO.o'+.
.• ••. c�d�'.� L INC.
• (RATE 3 �
PORATE
z2
n : BY:
Pre 'dent
00 Secretary
140M�o
440 SUNRISE HOMES, INC.
(cam_ �'ssTr�s
° ST. BY:
°fRa t'i0aSecretary
17886

BOOK PHGE
STATE OF NORTH CAROLINA
' ` 690 0158
COUNTY OF NEW HANOVER r(' 1I '``
1, �P nrNtl r- tt . ttur 16i} a Notary Public of the State and
County aforesaid, certify that 1o1nr-) -p . Sm j-}Al personally came before me this
day and acknowledged that he/she is &ss-F . Secretary of Landmark Developers, Inc., a
North Carolina Corporation, and that by authority duly 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/herself as its Foss4. Secretary.
WITNESS my hand and official seal this day of 5ctn
2000.
e
Notary Public �pt0 a Iiy 44
My Commission Expires:
rz
ODD NOTARY e'r
��;• PUBLIC •2y
UIUC��. O,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER II
1, 7 eYWN{Qr tT • 4r l6 - a Notary Public of the State and
County aforesaid, certify that personally came before me this
day and acknowledged that he/she is Secretary of Sunrise Homes, Inc., a North Carolina
Corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its � j Ce President, sealed with its corporate seal,
and attested by himself/herself as its Agg&� , Secretary.
WITNESS my hand and official seal this_ day of �gjaL-aN ,?
Q, i nnuunur
otary Publi*` •...... q� �
My Commission Expires:
a NOTARY '•'r
am4— =z; --* —
a PUBLICS Na
Oft6o6�U44p ... aa- �0
NORTH CAROLINA
NEW HANOVER COUNTY
The foregoing cert' care o ,Notary Public, is certified to
be correct. This day of
MARY SUE OOTS,
TER OF D DS HANOVER COUNTY
BY:
7Dep
17886 2

60UK PAGE
2515 0876
S� .., ._..C�Zr0
PREPARED BY: MURCHISON,.TAYLOR, KENDRICK, crBsoN L.L.P. �EIVED
16N. FIFTH AVENUE, WILMINGTON, NC28401 2 61999
STATE OF NORTH CAROLINA AMENDMENT TO PROTE:MAY
COVENANTS OF SUMMERLIN FALLS
COUNTY OF NEW HANOVER SECTION TEN
Lrs 4-I
KNOW ALL THESE MEN BY THESE PRESENTS THAT.
00 130 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
Book 1968, Page 392, et sue. and amended by that amendment recorded in Book 2499, Page 74,
both of the New Hanover County Registry(herein the "Protective Covenants'); and
WHEREAS, in accordance with Articles 3 and 14 ofsaid 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 Amendments to the Protective Covenants recorded in
Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120, Page 0542, Book
2179, Page 0794, Book 2258, Page 846, Book 2280, Page 047 and Book 2404, Page 523 of the
New Hanover County Registry, did annex Section Two, Section Three, Section Five, Section Four,
Section Six, Section Seven, Section Eight and Section Nine; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Ten, 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 TEN SUMMERLIN FALLS as shown on
map thereof duly recorded in MAP BOOK 38 AT PAGE 245, of the
New Hanover County Registry, reference to said map is hereby
made for a more particular description.
force and effect:Except as amended, the aforesaid Protective Covenants shall be and remain in full
,`�►%``4'DLTVFWOA�i�
•.,This the RA day of February, 1999.
A t• CORPORATE " � �'
LA
• (CORPOIk4TSEALJ 1JQLO E
i+
Presid t
!�_Secretary
LANDMARK HOMES, INC
(CORPORA TE SEAL)
00
ATTEST. BY
,,,,,,.,``��u lio%t,�,.J 1/ E President
r S .
ecreta
�Cc
CORPORATE : n
SEAM,12241 I
•,,��'•� N.C. •`��,,,
'�'��nunt�t�•
=S

buun rAUE
196 ,i 08811968 0403
�.r
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 tf 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 the Lot restored to a
sightly condition with reasonable promptness,provided,however, that in no event shall such debris remain on
such Lot longer titan three months. A temporary privacy wait 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 feet 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 State 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 fulled
in, piped or changed without the consent of the DECLARANT, its designee, the Association, or lite 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 he changed or deleted without the
consent of the State of North Carolina.
Section 15. 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 the Red-Cockaded Woodpecker exist in various locations throughout flue 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 map as a
Conservation Area shall be a Common Area and shall 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 titan
sixty (60) days in advance of the meeting.
Section 2. If t he DECLA RANT,its successors or assigns,shall develop all or any portion
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 of the additional tract or tracts
described in this section shall be in accordance With the samegeneral scheme of development as SUMMERLIN
FALLS.
12

I4� d �6J�Y'ii1tlL�� �o
PREPARED BY: MURCHISON, TAYLOR, KENDRICK, & GIBSON, L.L.P.
16 N. FIFTH AVENUE, WHMINGTON, NC 28401
'98 JUL 22 PM 2 18
STATE OF NORTH CAROLINAECCR;�;FD 4 NERIFI AMENDMENT TO PROTECTIVE
tiAPY 9l1. MVENANTSOFSUMMERLINFALLS
COUNTY OFNEWHANOVER € OCTS SECTIONNINE
REGISTER bF DEEDS
NE4i' 114NO'IER CO. NO f
KNOW ALL THESE MEN BF 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
Book 1968, Page 392, et sue. in the New Hanover County Registry(herein the "Protective
Covenants'); and
WHEREAS, in accordance with Articles 3 and 14 ofsaid 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 Amendments to the Protective Covenants recorded in
Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120, Page 0542, Book
2179, Page 0794, Book 2258, Page 846 and Book 2280, Page 047 of the New Hanover County
Registry, did annex Section Two, Section Three, Section Five, Section Four, Section Six, Section
Seven and Section Eight; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Nine, 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 NINE SUMMERLIN FALLS as shown on
map thereof duly recorded in MAP BOOK 38 AT PAGE 46, of the
New Hanover County Registry, reference to said map is hereby
made for a more particular description.
force and effect.Except as amended, the aforesaid Protective Covenants shall be and remain in full
,,,.•9�`jELp� , This the A 1 day ofL 1998. n
co P O SEAL) —i "PM
sident
flSSlst4�7- _Secretary
IHI
2PORATE LANDALMHOMES, INC.
AL Q-
� BY
c�President
SS i Secretary S RA M tl tl L H
1909PC
E C E I V E C E I V E D
NO 1998. NOV 0 41998
D E M D E PA
PROJ tt�_
PRO

P 10K PAGE
1 9 U 3 Q $ 7 O RECORDED AND VERIFIED RECORDED AiID VERIFIED
l� i.1ARY SUE DOTS MARY SUE DOTS
�X✓ REGISTER OF DEEDS REGISTER OF DEEDS
NEW HANOVER CO. NO NEW HANOVER CO, NO
STATE OF NORTH CAROLINA PROTECTIVE COVENANTS
95 DEC 13 pM 3 00 OF SUMMERLIN F;OUEC Z1 PM 4, 23
COUNTY OF NEW HANOVER SECTION ONE —
i
BOOK ff11PAGgqE99
19 s $ These Ph6t tR1e Covenants, made this the_7 3 do
y of nP mt p; 1� g 5 • 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 "DECLA RANT".
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 Bonk 35, Page 184, of the New Hanover County Registry.
NOW,THEREFORE,DECLARANT hereby declares that all of the properties described above
shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of,and which shall run with tire real property
and be 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.
0061411W ARTICLE 1
Definitions
)00146 Section 1. Association and HOA shall 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 he Members of the Association.
Section 2. Board of Directors or Board shall be the elected board governing the
Association and managing the affairs of the Association.
Section 3. Billows 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 5. Common Expenses means and includes actual and estimated expenses of
maintaining and operating the Common Areas and Limited Common Arens and Conservation Area(s) and
operating tire 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 fire 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 tire Members to be Common Expenses of the Association.
(e) Any ad valorem taxes and public assessments levied against the Common Area.
Re-:ecorded to add Exhibit A and add language omitted from Article 12.
' V
ftE3U?f"ED TO

LWUR rAur BOOK PACE
1963 0881i968 0' 403
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 IOgs 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 the 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 ulations. 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 feet 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 State 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 changed 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 anhended from time to time. This paragraph cannot he changed or deleted without tine
consent of the State of North Carolina.
Section 15. 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 tlhe 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 neap as a
Conservation Area shall be a Common Area and shall 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 tine
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"lore than
sixty (60) days in advance of the meeting.
Section 2. If the DECLARANT its successors or assigns,shall develop all or any portion
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 of the additional tract or tracts
described in this section shall be in accordance with the same general scheme of development as SUMMERLIV
FALLS.
12

CODI{ HUL
2200 0097 '97 DEC 10 PM 2 35
RECORDED h VERIFIED
PREPARED BY: MURCHISON, TAYLOR, KENDRICK, & GIBSON, L.L-ftpY SUE DOTS
16N FITTHA VENUE, WILMINGTON, NC28401 RL"CISTER OF G'_cDS
NL`l: N/,'!0VE1 C,). NC
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS OF SUMWLRLLV FALLS
COUNTY OF NEW HANOVER SECTION EIGHT
LOT 6o )Ift o, -R - 05,-*q) �o
-6w8 `l091
KNO W A LL THESE MEN B Y THESE PRESENTS THA T.-
Landmark Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes,
Inc., a North Carolina Corporation (herein collectively "DECLARANT") heretofore executed the
Protective Covenants ofSummerlin Falls, Section One, and caused the same to be recorded in
Bonk 1968, Page 392, t t M. 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 Amendments to the Protective Covenants recorded in
Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120, Page 054Z Book
2179, Page 0794 and Book 2258, Page 846 of the New Hanover County Registry, did annex
Section Two, .Section Three, Section Five, Section Four, Section Six and Section,Seven; and
WHEREAS, the DECLARANT has developed additions(lots designated as Section
Eight, Summerlin Falls, all of which the DECLARANT desires to be made subject to the Protective
Covenants.
NOW, THEREFORE, the DLCLARANT does hereby amend the Protective
Covenants by making subject to said Protective Covenants and annexing thereto, the following
described properties:
BEING ALL of SF,C.'T1ON EIGHT SUMMERLIN FALLS as shown
on map(hereof duly recorded in MAP BOOK 37 AT PAGE 249, of
the New Hanover County Registry, reference to said map is hereby
made for a more particular description.
Except as amended, the aforesaid Protective Covenants shall be and remain in full
force and effect.
10th December
G pFs J.sZO� ,� This the day of 1997.
cogPo❑r,Te LANDMA "V, PE
' r �OJZl?O TE SEAL)
— e A&fgary
g,IS.HO . .
CORPOMTr t n ; LANDMARK HOMES, INC.
(CORPOg,4' 'E S, �Wq a w
ATTEST ~rJIJ �y BY: _ C _
`�Q , NC• c4s4 P)•� ' ent
N. � STORM
WATER
,secretary !WATER
nECEIVE
1904PC
lun��f MAR 1 61998 D
- -^P:liD `Fp D E M
PROJ #

�� 2258 08y6
v
PREPARED BY.- MURC'HISON, TAYLOR, KENDRICK, & GIBSON, 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 SEVEN dui"^ XY�
LOT- �U I -M 2 I ` hrV
KNOW ALL THESE MEN BY THESE PRESENTS THAT:
000113 Landmark Developers, Inc., a North Carolina Corporation, and Landmark Homes,
Inc., a North Carolina Corporation (herein collectively "DECLARANT') heretofore executed tine
Protective Covenants of Summerlin Falls, Section One, and caused the same to be recorded in
Book 1968, Page 392, et sue. 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 Amendments to the Protective Covenants recorded in
Book 1968, Page 410, Book 1969, Page 572, Book 2066, Page 960, Book 2120,•Page 054Z and
Book 2179, Page 0794 of the New Hanover County Registry, did annex Section Two, Section Three,
Section Five, Section Four and Section Six; and
WHEREAS, the DECLARANT has developed additional lots designated as Section
Seven, 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 SEVEN SUMMERLIN FALLS as shown
on map thereof duly recorded in MAP BOOK 37 AT PAGE 201, of
the New Hanover County Registry, reference to said map is hereby
made for a more particular description.
Except as amended the aforesaid Protective Covenants shall be and remain in full
fos ce and effect.
114 D ELOArrr Thisthe 23 dayof October /997•
'L
S
A ••CORPORATE ^�
SEP( fkTE SEAL) LANDMARKD VE/ PGRS, I7YlC.
Pr silent
4' 5fe � Secretary
:PKI riGny
coaPoaATE 'g - LANDMARK HOMES, INC.
t SEACO`PALATE SEAL)
foil,;;; '� ' ' President
Secretary
STORMINATER
nE C E ! V E D
1904PC lupus MAR 1 61998 D
D E M
RETURNED TO ►� t _��( PROJ #

Cv
Pn0K PAGE
..� 1 RECORDED AND VERIFIED
-1 9*6 3 0 8 7 0 RECORDED AND VERIFIED
MARY SUE DOTS MARY SUE DOTS
REGISTER OF DEEDS REGISTER OF DEEDS
NEW HANOVER CO. NC NEW HANOVER CO. NC
STATE OF NORTH CAROLINA PROTECTIVE COVENANTS
COUNTY OF NEW HANOVER '95 DEC 13 Piti 3 OO OF SUMMERLIN
ONE �EC - PM 23
BOOK PAGE / IIT"VN� .
tn
qq 9
19 6 O These PAtAtt Covenants, made this the day of necemheh 1 q 5 • 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 easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of,and which shall run with the real properly
and be 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
OOOJL 6 Section 1. Association and HOA shall 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 tire Association.
Section 2. Board of Directors or Board shall be the elected board governing the
Association and managing the affairs of the Association.
Section 3. Bylaws 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 5. 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 far 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 tire 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.
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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 70. 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 the 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 ReQnlations. AII.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 State 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 changed 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 clanged or deleted without the
consent of the State of North Carolina.
Section 15. 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 the 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 76. Conservation Area. Any area identified in any recorded map as a
Conservation Area shall be a Common Area and shall 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 some manner it maintains other Common Area(s).
ARTICLE 14
Annexation of Addil oral 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 titan ten (10)days nor more titan
sixty (60) days in advance of the meeting.
Section 2. Ifthe DECLARANT,its successors orassigns,shall develop all orany portion
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 of the additional tract or tracts
described in this section shall be in accordance with the samegeneral scheme of development as SUMMERLIN
FALLS.
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