20071982 Ver 1_Major Variance_20071127

OFFICE USE ONLY: Date Received Request #
--- rya
--
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -, L; zoQ
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wet1ands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: 1e.4._._Cbc%?y_._._
Title: ---..-
Street address: -- -_- J(? y-
City, State, Zip: 13cJAAV(n-_ _ ff kL)-
Telephone:
Fax: i - - -- - - - - - - -
3. Contact person who can answertestions bout the proposed project: ....
nr L
Name. - - ------ - - -?- .... - P - - -- - .- ._ - -
y3.1`?.
Telephone:1 `T46
Fax:
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letter operatio and maintenance agreements, etc.):
e_S.tdl!Z.._ a I v_J1Q:2 -------------- ---- --------
5. Project Location:
Street address: ?i ?b? ,LS?4r? --------------------------------
City, State, Zip: ------??? -C-- -----------------------------------------
IT—
---- ---- ---
Latitude/longitude: -------------- ----------------- --------------------
6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the portion
of t e USGS topographic map indicating the location of the site):
4-A 0? ddh
- -Iv S-Ff ? -f r r i Or1
_ /-P-ari-- rmond--g . L-rAa0w_A-- L4_14 -1-LQL-i s__? -?
---------------------------------------------------------------------------------
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed str ams label as "UT" to the nearest named stream):
.?nG?1_ ?f_.Xi.lh_ ?1a?_ 110 --W _k6r.=.h1lYv-N-. 'a-A
Stream classification [as identified within the Sc eule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary ewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify) ---
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity (Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.:
cal{ __dos - t uLhhctid ('-,( 1t _4CCr ----------------------------------
;?.i r?enNl?y__f`?ntltxd.?q ------------------ _.-----------------
r?t?211f_kl-_/1?(: --------------------------- ------------------------------
-------------------------- --------------------------------
' _
_q !m !ouc-f lA?nQyt, ---------
_A-rxL-CLUB r 11_r] ._/n ll_(..J 4nd-.o? t
Vr4inU -c 11npt0O n'?rnt 1J)rt( furl of. (RnA/.
2. State re6sons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
4" Alf --
&1W Slz-c- A V
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
r?-planting vegetation or enhancement of existi g vegetation, etc.):
? fin{
lei
C4. L- ------ ------ c c`Qr?i?!l?c ors _o??__F?r11!t`_ a??_?nc?at?l?? A2V.
---
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c,_U ?ti? r1_{??-rcL?rt_r•nhQ? K_r_? -
bJ4#(hed pkl- 61)67 -444 p?? W'A b-' maf%+a'1)ed• ?;?n vvc drffGac -Flow
4. Please provide an explanatioh of the following: d. debris and land &91o«
(1) The practical difficulties or hardships that would result from the strict application of this (dun l9fF fv Conc
Rule. and iained
1-?nLcklf_-+-v___e_e Fuj_home L- ----- -------------------------
f.1dn(J .-.(?+Lr1I -L? cd-; laii_ ? AL,,J,&fL^- _-------------------------
fya ?r -----------
?a _?r11 Q// t?_?j! II ? ? J1 _lA.X?i1_ .Q-C1e 12 PC__. ?Q?(J L_?L(%1_®? -------------
S-&Uejs i need,G -to ft ;,fu;n plan &.1011 of IC(,d p4e,P03G
(2) How these difficulties or hardships result from conditions that are unique tot the property
involved.
-------------------------
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---Q`i --
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
???rhaic 4 f .I at fn ..15 7_ -_P . o cd _ ! !n,l _,h_61n..Gc ?! - Sr s-_
-------
?'11 1+?P19trx.1Ax_?t_n?.?__ '2`_?. __----_---- -_----- -----
Part 3: Deed Restrictions -- ?t°eds ANpch`ol ?(tvn+ j t4HlRCl??c1 ?I,,/ ?>?ctifd
lvlJq ?)anj (o
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
if you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual orfirm):..
Mailing address: -------- --- --- ---- -- -- -- -- --------- ----------
City, State, Zip: ----- - -- -- --- ---
Telephone: --- --- - -- - - - - ----
"General" Variance Application Form, page 3
Version 1: May 2001
j
i

Fax:
Email:
Part 5: Applicant's Certification
i
I, ------------Junk--Lee--t et,t-?_---- ---- -- (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature: --
Date: - -- -L1 7? t2? - - - - - - - -
Title: -DW n c -
P:C Division of Water Quality (DVVQI,
401 VVellAnds Certification Unit
2321 Crabtree Blvd. (LOCATION.)
16,50 Mail Service Canter iMAILING ADDRESS')
'alcic;h, NC 276,99-1650
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"General" Variance Application Form, page 4
Version 1: May 2001
r ,NORTH CAROLINA y
�BgAUFORT COUNTY Y
DEDICA't'ION Alai% DECf.+ARA'IQN,+OF',I"'.iQTECTIV CQVENANT
�Nlade as of this the 14th day o;fNovember, X968; by Kilby I'lan�l Cor�oratJ.
jp>R
u North Carolina co'rporationj- hereinafter ca],ted KILI3Y;.
5.�t °x ti- tic ^yC fi•' °i
rF Str r� w t tLt r '�, •rE
F
IT S } -.pry u- y,� $w r,y A.t�t f7'�~,• .,�...��. s _.;e. -.0 . � 6, ..:r . ' a,,.-r�i��, �: _ , _ . At E. ' S E 'T r'H � � ..• �;r��.�:.�a��.��,�..; .�''- � •
;s:,. /..•t� ,�:.._nv ..t.,..r i',' -�wM1• Iti`+iAi:.,r..1. e��1� tin•,
WIiE111aAS, KILDYJ9,14e owner'.e2'tnose numae; a;�ocs�ar-re resuF
upon a plot entitled "Kilby Island Lot Layout," recorded in Map hook .2
gageu2 4
, Beaufort County Registry; and
WHEREAS KII�BY is desirous of subjecting said numlx3rred lots to th
protective covenants he
set forthp each ane all of which is and are or
benefit of such property
and for each owner thereof, and shall inure to the bene i
�. of and lass and run.with said property, and each and every lot thereof, and shal
apply, to,411d.bind tic• successors in interest of any, owner thereof; and
WIIEREAS KILIW is desirous of making a dedication of'the road�ya s i
;, ,� �-�-�-• �•` �.ti��l� C'jij,Cd tilxtii�iiTtT�trtt �h"`�' et•nc�w�v�th'titg°'t.� {y� tn� ; ,-�a:
=',. i+. ::ti/'"'.n,�a��'T r.- dji),r E'irj�:rt; -l.t "'S `� .. �. l+":1.,W^%5"''.",'�'8''q""* :.,�.,.,.�iq �: -rryti "4f "tF' ? � iw•, � c-` •''• �Yf
axein,iltcsr. set ouL; f ,
.Aie :: esaid'nuc, • ha hc, afoi NO�'V, '1'IIl.ithl UItE, hILi3Y hereby cieclar s t ttlots of real «state arc: and shall he held, transferred, sold and conveyed su
to the liruLective covenants bot forth..below:
1. No lot sha11 he further subdivided it has less than 6Q et -0 .,
frontage and only one residential unit shall be placed upon ea,cl
such lot.
2. All the lots shown on said plot.'shall be used only for residential
purposes: Na animals, liveptoek or poultry of any Idncl; Qtlier thi
1tc)usehold pets, shall be Relit or'maintained on.,Rny, lot.:y.14o
or offensive. activity shall 49. carried gn, nor shall anytainla 4o`�anq
1:e the rcoli �vl)icl� ii)lZy be or b ame an annoyup(:e ;Ar nuisn�leo to tho , t
liljal Boot --1 twithsta illil; e._Sc1L'' r * '
, b„,F ,�' �-: ,. ri�ht to' cT�tie0C.4oiie"13r"��iai'c� '?said�iots �s a Marl � dfiv dec ,.
MGMULLAN ' a ,
that one or more ,ol' said lots may be usedlfor a`club', or for Gomm r
r •'j4'ATTORNEYS Ar LAW
WAiN�NaTON,,y. F. purposes of a.sort than it bolieves will ienefieiallto.the rennaiii n •�
rty
r d

,.?'"'
C. KILBY reserves a 20 foot wide right of way along the edges of all �59
canals which it may use for the purpose of maintaining said canals.
D. Notwithstanding anything to the contrary herein expressed, KIL13Y
reserves unto itself the right and privilege to grant to N. C. State `
Highway Commission, or its successor, or any other public or
quasi -public authority, rights of way over said roadways, and the
7_' right to regulate and control the use of said canals.
JN WITNA$$ N'VH-I REOF; KILBY has caused this i stru
x.. sn npent to W exe^2Cuteri
x-="G-t�` +rl:aG"r� '''-wti �'._ t;,� `;i.� y,•M`.a•+w-'�^..•E`:c•-�.., _ •ifv,..,•+- .t: •-... �
in its'nalne by its 1'reside?nt, atested by its Secretary, And its corporate seal to
fie lierdto affixed, all by prober corporate authority duly given, as of the day and
yQar first above written.
' I YISLAND ORAT
CORPIO
r 1 �;.
. ,
t President
S lcrctary �.
CA
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'1'A*�'E Oh NUIt'1'I! 1tULI1\A
S
iy:` 1 .<—.�'•+. , y;,,,ql�: 4 err — ,�
75 f r p'
Tj
+r . A'ota"iy ublic i►i uiid or
Co unty'alcarebaid, cci�tiCy that William 1'. Mayo personally appeared before me this
day and adaiuNvied-ed that lid is Secretary of Kilby island' Corporation, and that
uy 44
talol'Gty dill „ivci� and as tic act o'
..,i, J b c 1 tile, corporation tie toie„oing instrument
Wat, WgUed in its manic I)y Illurray B. Lynch, Jr. , its nt, sealed with its
cpy'Qp.tv.scal, and aticstud by Wimielf as its Secretary.
�J � 1' Yilnc is ill and and notarial seal this day of 1968.
lr
r.
Notary Public
11'Iy Commission expires: t1,y Commission E piroy 2, 1970 !:
Tlorth Carolina
Reufort CGt1i'{�� � _
ii��
1 he '2 vro�;oir
Tlotci,'ti' 1't,`,71c/!:�3#ris/nf-t- certified to be correct.
rl"01: 0rnted for re,,,LAration and recorded ?r.
ofi'icu at Booki�_5, Pace
This / .:_day o:� /gi d �r' ,1910 Vat // oclock_"" .14.
John I. Morgan
By -_--d.••Jc..f�-t:�,t,l x/• � t. �-.2 .moi--�c...-'�
Register of Deeds Register or Tord:,

8K1394PC295
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY, NC
2404 MAY 18 10:53:10 AM
B0394 PG:295-311 FEE: $59.00
INSTRUMENT # 2004003690
THIS INSTRUMENT DRAFTED BY: FRANZ HOLSCHER
AFTER RECORDING, MAIL TO: FRANZ HOLSCHER
INDEXED IN GRANTEE INDEX:
KILBY ISLAND SUBDIVISION
KILBY ISLAND OWNERS ASSOCIATION, INC.
INDEXED IN THE GRANTOR INDEX:
KILBY ISLAND OWNERS ASSOCIATION, INC.
(EACH PERSON EXECUTING THE DECLARATION 47 F-2-103)
KILBY ISLAND OWNERS ASSOCIATION, INC.
NORTH CAROLINA AMENDMENT TO DEDICATION AND DECLARATION OF
BEAUFORT COUNTY PROTECTIVE COVENANTS
KILBY ISLAND SUBDIVISION
THIS AMENDMENT TO THE DEDICATION AND DECLARATION OF PROTECTIVE
COVENANTS is made pursuant to the North Carolina Planned Community
Act, Chapter 47F of the North Carolina General Statutes (hereinafter
the "Act") and is entered as of the 4th day of July, 2003, by KILBY
ISLAND OWNERS ASSOCIATION, INC., a North Carolina non-profit
corporation (hereinafter "Association"), the Owners of Lots as the
same are shown on the "Kilby Island Lot Layout" recorded in Map Book
20, Page 25 and as revised and recorded in Map Book 23, Page 83, and
Plat Cabinet A, Slide 78, Beaufort County Registry and otherwise known
as "Kilby Island" located in Bath Township, Beaufort County, North
Carolina, and all parties hereafter acquiring any of the Properties
described below (hereinafter jointly referred to as "Declarant").
WITNESSETH:
WHEREAS, Kilby Island Corporation, predecessor in interest to
Kilby Island Owners Association, Inc., by that Dedication and
Declaration of Protective Covenants (hereinafter referred to as the
"Dedication") dated November 14, 1968 and duly recorded in Deed Book

BK1394PG296 1
633, Page 557, Beaufort County Registry, placed certain covenants,
reservations and restrictions on the property described therein:
WHEREAS, the Dedication contains the following paragraph:
"These covenants, reservations and restrictions are to run with
the land and shall be binding upon all lots on said plot and the
owners of such lots, and upon all persons claiming under them,
until Kilby has divested itself of the title to all of the lots,
at which time said covenants, reservations and restrictions
shall continue until the then owners of a majority of the lots
record an instrument in the Beaufort County Register of Deeds
office agreeing to change these covenants in whole or in part."
WHEREAS, the Act authorizes a planned community created prior to
January 1, 1999 to elect to make the provisions of the Act applicable
to it by amending its Declaration to provide that the Act shall apply
to it by affirmative vote or written agreement signed by Lot Owners of
Lots to which at least sixty-seven percent (67%) of the votes in the
Association are allocated.
WHEREAS, the majority of the Owners of the Lots referred to in
the Declaration as well as Lot Owners of Lots to which at least sixty-
seven percent (67%) of the votes in the Association are allocated
passed this amendment to the Dedication at the annual meeting of the
association held on July 3, 2003.
WHEREAS, Declarant desires to amend the Dedication and elect to
make the provisions of the Act applicable to it.
WHEREAS, Declarant desires to subject said real property to the
covenants, reservations, and restrictions hereinafter set forth in
order to provide for the preservation of values, amenities,
desirability and attractiveness of said property, and for the
continued maintenance and operation of any recreational and/or Common
Areas.
WHEREAS, it is in the best interest, benefit, and advantage of
the Declarant, each Owner of such property, and every party hereafter
acquiring such property that these covenants, reservations, and
restrictions, which shall regulate the use and occupancy of the
property, be established. The covenants, reservations, and
restrictions are for the benefit of the property as well as each Owner
thereof and shall inure to the benefit of and pass and run with said
property, and each and every Lot or parcel thereof, and shall apply to
and bind the successors in interest and any owner thereof.
NOW, THEREFORE, in consideration of the premises, Declarant
hereby declares and agrees with all parties hereafter acquiring any of
the property that all the property hereinafter described is and shall
be held, transferred, sold and conveyed subject to those covenants,
reservations, and restrictions contained in the Dedication, the Act,
and this Amendment to the Dedication. These covenants, reservations,

2
80399PC297
and restrictions shall run with the property and be binding on all
parties having or acquiring any right, title or interest in any of the
property or any part thereof, there heirs, successors and assigns, and
shall inure to the benefit of each Owner thereof, as well as their
successors in interest.
DECLARANT FURTHER DECLARES that these covenants, reservations,
and restrictions insure the best use and most appropriate development
and improvement of each Lot; protect the Owners against improper use
of surrounding property, including Lots, as would depreciate the value
of their Lot; preserve, as far as practicable, the natural beauty of
the property; guard against the erection thereon of poorly designed or
built structures; encourage and secure the erection and maintenance of
attractive residential, single-family dwellings and thereby enhance
the value of investments made by the purchasers of Lots therein.
ARTICLE I
The real property which is and shall be held, transferred, sold,
conveyed and occupied subject to the Dedication, the Act, and this
Amendment to the Dedication is all of that property shown upon a Plat
entitled "Kilby Island Lot Layout", recorded in Map Book 20, Page 25
and as revised and recorded in Map Book 23, Page 83, and Plat Cabinet
A, Slide 78, Beaufort County Registry.
Declarant hereby subjects the property described above to this
Amendment and the jurisdiction of the Association in order to provide
enforceable standards of improvement and development whereby
aesthetics, living conditions and property values may be enhanced.
ARTICLE II
DEFINITIONS
Section 1. "Association": shall mean and refer to the KILBY
ISLAND OWNERS ASSOCIATION, INC., its successors and assigns.
Section 2. "Common Area": shall mean and refer to all real
property owned by the Association for the common use and enjoyment of
the owners, including the point of the island, any piers, waterways,
canals, walkways or streets, if any, which now exist or may be
constructed.
Section 3. "Declarant": shall mean and refer to KILBY ISLAND
OWNERS ASSOCIATION, INC., the Owners of Lots contained in KILBY
ISLAND, all parties hereafter acquiring any of the properties, and
their respective successors and assigns.
Section 4. "Lot": shall mean and refer to any plot of land
designated for separate ownership and shown upon any recorded
subdivision map of the Properties, with the exception of the Common
Area, and includes all improvements thereon, if any. Portions of the
3

A1394PC298
properties not owned by the Association or comprising part of the
Common Area and not designated as a lot are to be considered an
appurtenance to the lot with which initially conveyed, and may not
become a lot by separate conveyance.
Section 5. "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 6. "Properties": shall mean and refer to that certain
real property hereinbefore described and such additions thereto as
hereafter may be brought within the jurisdiction of the Association,
and specifically includes all of that subdivision known generally as
KILBY ISLAND in Bath Township, Beaufort County, North Carolina.
ARTICLE III
GENERAL RESTRICTIONS
Section 1. "Residential Use": All the Properties, including Lots
and the water access thereto shall only be used for residential or
recreational purposes. None of the Properties, including Lots or water
access thereto shall be used for a trade, commercial, or related
purposes, no matter how small, including, but not limited to, any
commercial fishing, crabbing, or other related commercial enterprise,
or leasing of the Property solely for water access. No trade or
commercial materials, inventories, or equipment may be stored upon any
of the Properties, including Lots.
Section 2. "Residential Construction": No structure shall be
erected, constructed, altered, maintained, used, placed or permitted
to remain on any Lot other than one single-family dwelling, not to
exceed two (2) stories in height. Each one-story dwelling shall
contain a minimum of 1000 square feet. Each two-story dwelling shall
contain a minimum of 1400 square feet, including a first floor of at
least 1000 square feet. The Board may require approval of plans by an
Architectural Control Committee. Any residence constructed and allowed
to remain six months without protest shall be deemed to have been
approved, including residences in existence at the time of the
adoption of this Amendment to Dedication and Declaration of Protective
Covenants.
Section 3. "Built Upon Area": The Bo,
Control Committee created by the Board, may
percentage of any Lot which may be covered
including asphalt, gravel, concrete, brick,
material but not including wood decking or
pools.
3rd, or an Architectural
set standards of maximum
by impervious structures
stone, slate, or similar
the surface of swimming
Section 4. "Compliance with Wetlands Regulations, CAMA
Regulations, and any other and all Governmental Setbacks and other
4
A1394PC299
Regulations": It shall be the responsibility of each Owner to
determine what portions of their Lot are regulated by wetland
regulations, CAMA regulations, or other governmental setbacks and
other regulations. It shall also be the responsibility of each Owner,
prior to alteration of any Lot, to determine if any Lot shall have
been determined to meet the requirements for designation as a
regulatory wetland and if any such Lot is subject to any of the
regulations referred to above. Any subsequent fill or alteration of
this wetland shall conform to the requirements of state wetland rules
adopted by the State of North Carolina in force at the time of the
proposed alteration. The intent of this restriction is to prevent
additional wetland fill, so the property Owner should not assume that
a future application for fill will be approved. The property Owner
shall report the name of the subdivision in any application pertaining
to wetland rules. This covenant is intended to insure the continued
compliance with wetland rules adopted by the State of North Carolina.
This covenant is to run with the land and shall be binding on all
parties and all persons claiming under them.
Section 5. "Prohibited Structure": Any outbuilding must be
constructed in a workman-like manner; the Board or Architectural
Control Committee may require prior approval of such structures.
No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, shed, detached garage, pump house, fence (other
than fences erected by the Association on Common Area property) or
other outbuilding shall be used on any Lot at any time as a residence
either temporarily or permanently. No trailer, single-wide or double-
wide mobile home /manufactured home, other mobile home, camper; bus or
like vehicle shall be situated on any Lot for any period of time or
for any purpose, including, but not limited to use as a residence or
for storage, either temporarily or permanently. Notwithstanding the
foregoing, the temporary use of campers on Port Road lots in the same
manner as used for the past three years, but not to exceed two weeks
per year, shall be permitted, provided written notice of such intended
use is given to the Association prior to the adoption of this Amended
Dedication and Declaration of Protective Covenants.
It is specifically the intention and purpose of this covenant to
prohibit the location of trailers, single-wide or double-wide mobile
homes /manufactured homes, other mobile homes, relocatable houses, or
similar type structures on the Properties, including any Lot.
Section 6. "Structure Location": No structure may be built within
ten (10) feet from any property line.
Section 7. "Construction Time and Activity": Once construction of
a dwelling or other improvements are started on any Lot, the exterior
construction of the dwelling and other improvements must be
substantially completed in accordance with the plans and
specifications, within twelve (12) months from commencement.
Construction activity shall be confined within the boundaries of each
5
BX1394PC300.
Lot. Each Owner shall be responsible for any damage done to any
streets, roadways, accessways, Common Areas, or property of other
Owners within the subdivision, including but not limited to drain
fields, which may be caused by any Owner, his agents, employees,
guests, licensees or invitees during construction and at any other
time. The Association shall have the right to assess any Owner for
such damage and such charge shall be an assessment against the Owner
and the Lot and shall be subject to collection as any other regular
assessment.
Section 8. "Construction Debris and Damage": During construction
of improvements on any Lot, adequate portable sanitary toilets must be
provided for the construction crew and the Lot must be kept cleaned of
excess debris weekly. Each Lot Owner shall be obligated to collect and
dispose of all rubbish and trash resulting from construction on his
Lot and shall be obligated to repair any damage to the roads caused by
such construction traffic.
Section 9. "Nuisances": No noxious, offensive, or illegal
activity shall be carried on or conducted upon any of the Properties,
including Lots, or water access thereto, nor shall anything be done or
omitted to be done thereon, which may be or become an annoyance or
nuisance to the individual Owners, the Subdivision in general, or the
neighborhood. No trade, commerce, or other activity, ,which may be
considered a nuisance to the neighborhood, shall be carried on upon
any of the Properties, including Lots or water access thereto. Any
commercial use or activity as well as related uses or activities, no
matter how small, including, but not limited to any commercial
fishing, crabbing, or other related commercial enterprise shall
constitute a noxious, offensive, annoying, or nuisance activity in
violation of this section. No house trailers, or mobile homes may be
stored, regularly parked or allowed to remain on any Lot. No junk,
debris, salvage, lumber, commercial fishing or crabbing equipment or
supplies or unsightly vehicles or boat of any type or description may
be placed upon or allowed to remain on any Lot or on the Common Area.
No abandoned, uninhabitable, unsightly or storm-damaged structure, or
contents thereof, may be allowed to remain on any of the Common Area
or lots. In event of hurricane or other natural disaster, each
property owner shall have 180 days to effect reconstruction or removal
of the damaged structure.
Section 10. "Animals": No animals, swine, livestock, or poultry
of any kind shall be raised, kept, bred, or maintained on any Lot or
in any dwelling except that household pets, such as dogs and cats, may
be kept provided they are not kept for breeding or commercial
purposes. Owners shall be liable for the acts of their pets as
provided by law.
Improvements constructed for the maintenance of animals shall be
kept in good repair and must conform generally in appearance with any
dwelling upon a Lot, although such improvements need not be
constructed of materials identical to an existing dwelling. Each Lot
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A1394PG3O1
Owner shall maintain any such improvements placed upon any Lot, and no
unsightly or dilapidated buildings or other structures shall be
permitted on any Lot.
Section 11. "Signs": No commercial sign or billboard of any kind
shall be erected or allowed to remain on any Lot other than a "For
sale" sign.
Section 12. "Subdivision": No Lot or Lots shall be subdivided
except to enlarge an adjoining Lot, but any Lot so enlarged cannot be
improved with more than one single-family dwelling. In no event, shall
any Lot be subdivided if the result of each subdivision is separate
ownership of less than a whole Lot or the creation of an additional
Lot.
Section 13. "Piers and Bulkheads : Piers and bulkheads may be
constructed on the property or adjacent thereto provided that, prior
to construction, written approval has been obtained from the
appropriate Federal, State, County, and/or local authority.
Section 14. "Road-ways, Right of Ways and Driveways": The
roadways and right of ways constructed throughout the Properties are
for the common uses of Declarant, Lot Owners, and Lot Owners of the
future development of the Properties and their respective heirs,
successors and assigns. There will be no on-street parking allowed
within the Properties. Any damage by driveway connections to the
private road shown upon said plats, or to the ditches or shoulders of
the road, or to the flow of drainage water along said road, shall be
repaired at the expense of the Owners connecting such driveways,
within thirty (30) days of notification from the Board.
Section 15. "Use of Canal": Except as set out in Section 17
below, and not in derogation of the Owners property rights, acquired
by deed, by adverse possession or otherwise, each Lot owner shall have
the exclusive use of that portion of land between the extension of the
Owner's Lot lines across and perpendicular to the street on which the
lot fronts and lying between the street on which the lot fronts and
the adjacent canal. Any easement, license or other interest held by
Kilby Island Owners Association, Inc., and its predecessor, with the
exception of the easement for maintenance of the canals, is expressly
withdrawn, terminated and released and shall not constitute "Common
Area" for purposes of this Amendment to Dedication and Declaration of
Protective Covenants. Notwithstanding the foregoing, the Association
hereby affirms and ratifies the existing accommodations relating to
the use of the canals for owners of Lots without canal frontage,
including the designation of assigned boat slips and other
arrangements. Nothing in this Section 15 shall be construed to affect
Kilby Island Owners Association, Inc., and it predecessor's interest
in such land between Lots 35, 36 and 37, otherwise known as the
"Point," located at the eastern end of the Kilby Island subdivision.
A

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Section 16. "Piers, Boatlifts, Boatramps and Boathouses." The
permissibility, regulation and maintenance related to piers,
boatlifts, boatramps and boathouses, located on or appurtenant to each
of the three canals of the Kilby Island subdivision shall be
determined on a canal-by-canal basis by majority vote of the Owners of
the property contiguous to that canal. Notwithstanding the foregoing,
until such time as a majority of the lots bordering the canal between
Port Road and Queen Anne Road are developed with single family homes,
decisions regarding the use of such canal shall be determined by the
Board and not by majority vote of the Owners of property contiguous to
such canal. Without regard to this general right to regulate such
structures on each canal, each Lot Owner or easement holder, under
Section 15 above, as well as all other Lot Owners owning property
adjacent to any canal or creek shall have no right to erect a pier,
boatlift or boathouse that interferes with the normal and customary
use of the canal or waterway by other Owners owning property on such
canal. The use of any such pier, boatlift or boathouse shall be
consistent with the covenants, reservations and restrictions contained
herein, including, but not limited to Article III, Sections 1 and 9.
Boathouses and piers constructed or rebuilt hereafter may not exceed
thirty (30) feet in combined length along a canal. Boathouses on a
canal may not exceed ten (10) feet in height above the adjacent land,
may not be erected so as to substantially block the view of other Lot
Owners, and must be designed for one boat, and jon-boats, jet skis,
canoes or sunfish-type sailboats. Persons who build piers, boatlifts
or boathouses on the canals must bulkhead the adjacent shore. This
clause has no application to piers, boatlifts or boathouses
constructed on the Pamlico River.
Section 17. "Lots Without Canal Frontage": Certain lots do not
border Mixon Creek, nor is a canal located across the street from the
lot. Owners of such lots shall be permitted to erect a pier not
exceeding thirty (30) feet in length parallel to the canal at any
point along the canal located nearest the intersection of Port Road
and Queen Anne Drive, provided the construction does not impede the
ability of the Owner of the nearest adjacent lot to such location to
erect such a pier, nor interfere with the use of canal by the Lot
Owners of Port Road. Notwithstanding the foregoing, the Association
hereby ratifies the accommodations made to provide canal access to
Owners of lots without canal frontage.
Section 18. "No Wake Speed": Owners and their guests shall
operate watercraft in the canals at no-wake speed. Owners shall be
responsible for any and all damage caused to boats, bulkhead or other
property caused by the wake of boats operated by them and their
guests.
Section 19. "Sale of Miscellaneous Property": No Lot owner shall
sell, convey or otherwise transfer any property lying between the
extension of the Owner's Lot lines across the street from which such
owner's house fronts the canal, separately or apart from their
numbered Lot; and, if a Lot Owner sells, conveys or otherwise
8
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fil394PC303
transfers their numbered Lot, they shall also sell, convey or
otherwise transfer to the Grantee of their numbered Lot the portion of
the canal bank lying between the extension of the Owner's Lot lines.
A transfer of a numbered lot shall be deemed to include any adjacent
owned canal bank property and any easement over canal bank property,
whether or not expressly described.
Section 20. "Port Road Lots": During the years prior to
adoption of these Amended Covenants, Lots along Port Road have been
used to park vehicles or boats belonging to persons commuting to work
by boat, and some such lot owners may have collected money for such
privilege. Lots # and # have been used to dock commercial
fishing or crabbing boats, with no cleaning or processing carried out.
No expansion of such activity may be allowed after this date and no
such activity not being carried out as of September 1, 2002 may
continue. If, at any point the historical activity does not continue
for a twelve month period, it may not be resumed.
Section 21. "Port Road Maintenance": Hereafter, the same annual
assessments shall be collected on Port Road lots and Port Road shall
be maintained to the same standard as for Queen Anne or Widgeon Drive.
Section 22. "Other": No Lot shall be used for ingress or egress
to any Properties not part of this subdivision.
ARTICLE IV
ASSOCIATION: MEMBERSHIP AND VOTING RIGHTS
Section 1. "Association": KILBY ISLAND OWNERS ASSOCIATION, INC.
was chartered pursuant to the Non-Profit Corporation Act and
subsequently made subject to the North Carolina Planned Community Act
of the General Statutes of North Carolina. Its purposes are to enforce
the covenants, reservations, and restrictions herein, including but
not limited to any architectural control standards established herein;
maintain KILBY ISLAND its entrances, streets canals and boat ramps in
a clean attractive functional and secure condition; own, manage and
maintain certain of the amenities as are more fully described herein;
provide an organization for the benefit of the Lot Owners within KILBY
ISLAND and hold and administer funds derived from assessments. Every
Owner of a Lot shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any lot
which is subject to assessment. The Association shall be comprised of
all Lot Owners.
Section 2. "Organization and Administration": The Association
shall organize, elect officers, and operate freely within the
restrictions herein contained.
Section 3. "Membership and Voting Rights": The Association shall
have one (1) class of voting membership. Every Owner of a Lot in Kilby
Island which is subject to Assessments shall be a Member of the
Association and shall be entitled to one (1) vote for each Lot owned.
9
sx1394PC30q
Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to Assessment. When more than
one (1) 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.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. "Creation of the Lien and Personal Obligations of
Assessment": Every Lot hereinbefore described shall be subject to
assessment for maintenance and other expenditures hereinafter set
forth. Declarant, for each Lot owned within the Properties, hereby
covenants, and each Owner of any Lot by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association for each Lot so owned:
(1) annual assessments or charges;
(2) special assessments; and
(3) a pro rata share of ad valorem taxes levied against the
Common Area if the Association shall default in the payment
therefor for a period of six (6) months, all as hereinafter
provided.
The annual and special assessments, together with interest thereon
and costs of collection thereof, as hereinafter provided, shall be a
charge, continuing lien upon the property against which each such
assessment is made, which shall exist until satisfied, regardless of
ownership of the property. Each such assessment, together with
interest and costs, and reasonable attorneys' fees incurred by the
Association in collecting delinquent assessments shall also be the
personal obligation of the person or entity who was the Owner at the
time when the assessment became due.
Section 2. "Purpose of Assessments": The assessments levied by
the Association shall be used exclusively to promote the recreation,
general health, safety, and welfare of the residents and Owners of the
Properties; improve and maintain the Common Areas; to protect the
value and desirability of the Properties; satisfy road maintenance
expenses, administrative and enforcement costs hereof, and future
developments; and, in particular, for the maintenance of the road ways
and canals as shown on the aforementioned maps of the Properties.
Section 3. "Minimum Annual Assessment": The initial minimum and
annual assessment for each Lot shall be $75.00 per year, and shall be
due and payable on or before January 15th of each year. The annual
assessment may be increased or decreased by the Board up to fifteen
percent (15%)annually, or in any amount at any time if by an
10
MA1394PC3O5
affirmative vote of a majority of all Lot Owners' present at an Annual
Meeting or a duly called meeting therefor.
Section 4. "Special Assessments": In addition to the annual
assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for
any purpose, provided that any such assessment shall have the assent
of a majority of all Lot Owners present at an Annual Meeting or a duly
called meeting therefor.
Section 5. "Notice and Quorum for any Action Authorized under
Sections 3 and 4": Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 and 4 of this
Article V shall be sent to all members by ordinary mail not less than
30 days nor more than sixty (60) days in advance of the meeting. The
presence of members or proxies entitled to cast one-third of all the
votes shall constitute a quorum.
Section 6. "Remedies for Non-Payment of Assessments": Any
assessments which are not paid when due shall be delinquent. The
assessment shall bear interest from the due date at the rate
established by the Board of Directors of the Association, or if not
set by the Board, at the highest rate allowed by law, together with
such late fees as may be set by the Board. The Association shall have
the power to file a lien of record against any Lot where there remains ^
an assessment unpaid for a period of thirty (30) days or longer. Said
lien shall be filed in the office of the Clerk of Superior Court of
Beaufort County in a manner provided therefor by Article 8 of Chapter
44 of the North Carolina General Statutes. No Owner may waive or
otherwise escape liability for the assessments provided for herein by
the non-use of the Common Area or abandonment of his dwelling unit or
site.
The Association may bring an action at law against the Owner
personally obligated to pay any assessments and interest. Costs and
attorneys' fees awarded by the Court not less than $1000.00 for the
prosecution of any such action shall be added to the amount of such
assessment. In the event of such action at law and in the further
event that such action results in a judgment being entered against the
Owner and in favor of the Association, then and in that event, the
Association shall collect on such judgment in such manner and to the
extent provided and permitted by the laws of the State of North
Carolina.
The Association's lien may be foreclosed in like manner as a
mortgage on real estate under power of sale under Chapter 45 of the
North Carolina General Statutes. All fees, charges, late charges,
fines, and interest are enforceable as assessments.
In any foreclosure action brought under the power of sale
provisions, the Association shall be deemed to be the holder and
it
^
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Bx1394PG306
Owner of the obligation secured by this Declaration. The Registered
Agent of the Association shall be the Trustee for all purposes of the
foreclosure proceeding and the Association shall have the power to
appoint a substitute trustee if for any reason the Association desires
to replace the trustee, and the said substitute trustee shall succeed
to all rights, powers and duties thereof. The Association shall
request of the Trustee to sell the land subject to the lien at public
auction for cash, after having first given such notice and advertising
the time and place of such sale in such manner as may then be provided
by law for mortgages and deeds of trust, and upon compliance' with the
law then relating to foreclosure proceedings and under power of sale
to convey to the purchaser in as full and ample manner as authorized
by Chapter 45. The Trustee shall be authorized to retain an attorney
to represent him in such proceedings. The proceeds of the sale shall,
after the Trustee retains his commission, together with any additional
attorneys' fees incurred by the Trustee, be applied to the costs of
the sale, including but not limited to costs of collection, taxes,
assessment, costs of recording, service fees, and incidental
expenditures, the amount due on any note secured by the property, and
any advancements made by the Association in the protection of the
security.
Section 7. "Effect of Default in Payment of Ad Valorem Taxes of
Assessments for Public Improvement by Association": Upon default by
the Association in the payment to the governmental authority entitled
thereto of any ad valorem taxes levied against the Common Area or
assessments for public improvements to the Common Area, which default
shall continue for a period of six (6) months, each Owner of a Lot in
the development shall become personally obligated to pay to the taxing
or assessing governmental authority a portion of such unpaid taxes or
assessments in an amount determined by dividing the total taxes and/or
assessments due the governmental authority by the total number of Lots
in the development. If such sum is not paid by the Owner within thirty
(30) days following receipt of notice of the amount due, then such sum
shall become a continuing lien subject to the lien of the governmental
authority levying said ad valorem taxes on the Lot of the then owner,
his heirs, devisees, personal representatives and assigns, and the
taxing or assessing governmental authority may either bring an action
at law or may elect to foreclose the lien against the Lot of the
Owner.
Section B. "Subordination of the Lien to Mortgages": The lien
of the assessments provided for herein shall be subordinate to the
lien of any 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 assessment 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.
12

691394PC307
ARTICLE VI
Architectural Control Committee
The Board is authorized but not required to create an
Architectural Control Committee to, or to act as a Board to promulgate
reasonable rules and regulations designed to carry out the provisions
and intent of these covenants. Such rules may include, without
limitation, plan approval, minimum lot size, setbacks, overall height,
roof angle, building, siding or window type, styling consistent with
neighboring structures, construction in accordance with plans
prohibition of fences, protection of canals and roads. Any such rules
and regulations shall be approved by the Board of Directors prior to
implementation, and shall address negative economic impact,
specificity of standards, architectural compatibility, and disturbance
of natural features of the properties.
ARTICLE VII
OWNER'S EASEMENT OF ENJOYMENT
Every owner shall have a right and easement of enjoyment in and
to the Common Area, as well as a right of ingress and egress, and an
easement in, to, over and across all of the road ways and canals shown
on the aforementioned maps of the Properties, which shall be
appurtenant to and shall pass with the title to every Lot, subject to
the following provisions:
1. The right of the Association to charge reasonable admission
and other fees for the use of any recreational facility situated upon
the Common Area,
2. The right of the Association to limit the number of guests of
members,
3. The right of the Association to suspend the voting right and
use of the recreational facilities by an Owner for any period during
which any assessment against his Lot remains unpaid and for a period
not to exceed sixty (60) days for any infraction of its published
rules and regulations,
4. The right of the Association to impose regulations for the use
and enjoyment of the Common Area and improvements thereon, which
regulations may further restrict the use of the Common Area, and
piers.
5. Provisions in this document relative to canal frontage and
ARTICLE VIII
GENERAL PROVISIONS
Section 1. "Term": The covenants, reservations, and restrictions
of this Amendment to the Dedication shall run with the land and shall
A
13
fil399PC308
be binding on all the Properties as well as all parties and all
persons claiming under them for a period of twenty-five (25) years
from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of
ten (10) years. During which time, these covenants, reservations, and
restrictions shall also inure to the benefit of and be enforceable by
the Association or the Owner of any Lot subject to this Amendment,
their respective heirs, successors and assigns.
Section 2. "Enforcement": Every Owner of the Properties,
including Lots, shall comply strictly with the use restrictions
contained herein, as well as all other covenants, reservations, and
restrictions set forth in this Amendment to the Dedication. In the
event of a violation or breach of any of these covenants, reservations
and restrictions by any person or concern claiming by, through or
under the undersigned, or by virtue of any judicial proceedings, the
Association, the Owners of the Lots in the subdivision, their
respective successors and assigns, or any of them, jointly or
severally, shall have the right and standing, but not the obligation,
to institute any proceeding at law or in equity to enforce all
covenants, reservations, restrictions, liens and charges now or
hereafter imposed by the provisions of this Amendment to the
Dedication, as well as the provisions contained in the original
Dedication, which are not amended or supplanted by this Amendment
thereto; compel compliance with the terms hereof; prevent the
violation or breach of any of them; and/or recover damages, if
appropriate, against any party or entity and recover any appropriate
remedy thereby, including, but not limited to the following:
collection, enforcement, and foreclosure on assessment liens;
injunction enjoining further violation hereof; and recovery of a "
monetary sum for any damages arising hereunder.
The appropriate remedy for violating this Amendment, other than
in the case of the nonpayment of assessments, shall be the remedy of
specific performance, there being no adequate remedy at law.
All costs of enforcement, including, without limitation, all
reasonable attorneys' fees incurred pursuant to such enforcement,
shall be a charge against both the Lot owned by the violator and a
personal charge against the violator. All such costs shall be
recoverable and collected as an assessment for common expense against
the violator and shall therefore be a charge and lien against the land
if such charge remains unpaid after demand is made by the Association
for payment. In addition, such costs and reasonable attorneys' fees
shall be recoverable as part of any judgment or order to enforce these
covenants.
The failure by the Association or by any Owner to enforce any
covenant or restriction contained herein, however long continued,
shall in no event be deemed a waiver of the right to do so thereafter
as to the same or different breach or as to a breach occurring prior
or subsequent thereto and shall not bar or affect its enforcement.
14

gk1394PC309
The Association may employ a legal representative for the
purposes expressed herein and may compensate said representative from
the assessment fund or through special assessment, as the case may be.
Section 3. "Modification of Restrictive Covenants": These
restrictive and protective covenants are subject to being altered,
modified, canceled or changed at any time as to said subdivision as a
whole or as to any subdivided Lot or part thereof during the first
twenty-five (25) year period from the date of recording hereof by
written document executed by the Declarant or their successors in
title after affirmative vote or written agreement signed by Lot Owners
of Lots to which at least sixty-seven percent (67%) of the votes in
the Association are allocated. Any such amendment must be recorded
properly.
Section 4. "Severability": Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no wise
affect any other provisions which shall remain in full force and
effect and the failure of any person or persons to take action to
restrain the violation of any of these covenants and restrictions
shall not be construed as a waiver of any enforcement rights and shall
not prevent the enforcement of such covenants.
Section 5. "Variances": The Association may allow reasonable
variances and adjustments of the restrictions set forth in this
Declaration in order to overcome practical difficulties and prevent
unnecessary hardships in the application of the provisions contained
herein; provided however, that any such variance granted must be done
in conformity with the intent and purposes of the general development
scheme and provided also that in every instance such variance or
adjustment shall not materially be detrimental or injurious to other
property or improvements within the Properties.
Section 6. "Reasonable Access": The Association, acting through
its officers, 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 various inspections
necessary to enforce these covenants.
Section 7. "Other": If any of the original covenants,
reservations, and restrictions as contained in the Dedication are, or ^
shall be determined to be, in conflict with the covenants,
reservations, and restrictions contained in this Amendment thereto;
then, in that event, the covenants, reservations, and restrictions
contained in this Amendment shall control.
IN WITNESS WHEREOF, THE DECLARANT OF THIS AMENDMENT TO THE
DEDICATION, having been duly approved by the Board of Directors and
the Owners, has hereunto set their respective hands and affixed their
respective seals for the purposes contained herein, this the day and
year first above written and KILBY ISLAND OWNERS ASSOCIATION, INC.,
has caused this instrument to be signed in its name by its President,
15

c139`PG310
and attested by its secretary, with its corporate seal hereunto
affixed, all by authority of its Board of Directors duly given, this
the day and year first above written.
KILBY IS D OW N T( E A 50CIATION, INC.
(corporate seal) ID C10 (11
,?,
ATTESTED: S? ?PRESID NT
? ?L y
T?
Se t a r y
N4'?11? ?blJl`?'
STATE OF NORTH CAROLI
COUNTY OF BEAUFORT C
I, 4,btvlu A. Sww-k , a Notary Public in and for
said County agitate, hereby certify that Rusty Williams personally
appeared before me this day and acknowledged that he is Secretary of
Kilby Island Owners Association, 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 as its Secretary.
Witness my hand and notarial seal, this day of
2004.
GZ ?AI. SEAL'
Nc. North Carding
Inty of Plat
n a Swank
Notai%jr Public
My commission Expires: /Zq Ls
16

911394PG311
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
Filed For Registration: 05118/200410:53:10 AM
Book: RE 1394 Page: 295-311
Document No.: 2004003690
AMEND 17 PGS $59.00
Recorder: JENNIFER L WHITEHURST
State of North Carolina, County of Beaufort
The foregoing certificate of KIMBERLY A SWANK Notary Is certified to be correct. This 18TH of May 2004
F (kg-5??
*2004003690*
2004003690
A

STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
THIS INDENTURE, Made as of this 1`i
by and between Horace S. Lee and wife Olga
A
PURCHASE MONEY DEED OF TRUST
4 "day of June, 1977,
B. Lee,
hereinafter called Grantors, and James B. McMullan, of
Beaufort County, North Carolina, hereinafter called Trustee, and
Mason Lumber Company, Incorporated, a North Carolina corporation,
hereinafter called Beneficiary (said designations shall include the respective parties,
whether one or more, individual or corporate, and their respective successors in
interest or assigns);
WITNESSETH:
($ 7,000.00------- ) Dollars, as evidenced by a note or notes of even date herewith
executed by Grantors and payable, with interest as specified therein, to Beneficiary,
as follows: $141.93 on the first day of July, 1977, and the same amount on
the first day of each month thereafter until a total of sixty (60) monthly
payments have been made.
;i
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Cc

AND WHEREAS, Grantors have agreed to secure the payment of the said debt
and interest and also the taxes, assessments and insurance premiums hereinafter
mentioned by the conveyance of the property hereinafter described;
?i
NOW, THEREFORE, in consideration of the premises, and for the purposes
aforesaid, and in consideration of the sum, of One Dollar paid to Grantors by Trustee,
the receipt of which is hereby acknowledged, Grantors have bargained, sold and
conveyed, and by these presents do bargain, sell and convey to Trustee, his
successors and assigns, the following real estate, wh'.h all improvements, fixtures,
and appurtenances, whether detachable or not, located in Bath Township, Beaufort
County, North Carolina, and more particularly described as follows:
Being Lots Nos. 3, 61, and 62, as said lots are shown
upon a plat entitled "Kilby Island Lot Layout," and which
said plat is recorded in Map Book 20, page 25, Beaufort
County Registry. Being a part of that property conveyed
to Mason Lumber Company, Incorporated from Kilby Island
G Corporation by deed recorded in Book 643, page 373, Beaufort
County Registry.

luc
r,
WHEREAS. -Grantors are indebted to Beneficiary in the principal sum of
SEVEN THOUSAND

TO HAVE AND TO HOLD the same with all rights, ways, privileges and 60
appurtenances thereunto belonging, unto the Trustee and successors in interest of
Trustee forever.
And Grantors covenant with Trustee that they are seized of said premises in
fee, that they have the right to convey the same, that the same are free and clear of
all encumbrances and restrictions not specifically mentioned herein, and they do
hereby warrant and will forever defend the title to the same against all claims of
all persons whomsoever.
~ THIS DEED OF TRUST, HOWEVER, is made upon the trusts and for the uses
and purposes following:
That if Grantors shall pay all sums required to be paid by the note or notes
secured hereby, and shall perform and observe all of the covenants, conditions, and
agreements contained in this Deed of 't'rust, then this Deed of Trust shall be null and
void, and shall be cancelled or released of record at the expense of Grantors,
otherwise it shall remain in full force and effect.
If the Grantors shall fail to pay the aforesaid indebtedness, or any part thereof,
or any installment thereon, promptly, as it or any part thereof shall become due,
or shall fail to pay any part of the interest that may accrue thereon, promptly, as
the said interest may become due, or shall fail to comply with any of the terms and
conditions of this instrument, or any of the promises or agreements contained herein,
or any note secured hereby, then immediately upon such default, or at any time
thereafter, in any one of these respects, the Beneficiary, or any holder of any note
secured hereby, may declare the whole of said debt and interest and all other monies
secured by this instrument then owing from the Grantors to the Beneficiary instantly
due and payable, and it shall be the duty of the Trustee, and he is hereby authorized
and empowered to sell said land and premises, with all and every appurtenances
thereunto belonging, at the County CoL thouse door in the County where said land
is situated, as aforesaid, by public auction to the highest bidder, for cash, or upon
terms acceptable to the Beneficiary, having first given notice of such sale once
each week for four successive weeks, in some newspaper published in the said
Coun4l (ar-if than in a-newspaper published in an
adjoining County), and to convey said land and premises to the purchaser, or
purchasers, in fee simple, and apply the proceeds of said sale to the payment of the
expenses of such sale, including a Trustee's commission of five percent, to the
discharge of said debt and interest on the same, the surplus, if any, to be paid to the
Grantors.
And the Grantors promise to and agree with the other parties hereto, to pay
all taxes and assessments on said land before the same become delinquent, and to
keep the buildings, and other improvements erected and to be erected on said land,
at all times in good repair and said buildings insured against loss by fire or other
casualty, by insurers acceptable to Beneficiary for such amount as Beneficiary shall
require, not exceeding the amount. of indebtedness secured hereby, and assign and
deliver the policies thereof to the Beneficiary, to be held as additional security for the
indebtedness secured by this Deed of Trust. If Grantors shall fail to comply with any
of the provisions of this paragraph, then Beneficiary or any holder of any note
secured hereby, may pay said taxes and assessments and effect and maintain such
insurance and pay the premiums thereon, and any sum or sums so paid shall be
added to the principal of said debt, shall be secured by these presents, shall draw
interest at the rate of six percent per annum, and shall mature at the same time as
the next payment of the indebtedness secured hereby, provided that this power and
authority or the exercise thereof shall in no way prevent the monies of every
description secured by this Deed of Trust from becoming instantly due upon the
conditions and terms hereinbefore provided.
And it is further covenanted and agreed by Grantors that all defenses that
C}'?L0 may at any time be available to them to defeat the lien of this Trust Deed, or the
collection of any note hereby secured, on the, ground
r holders thereof to them,eor to
payment thereof that may be given by the holder o
any surety or endorser thereof, are hereby waived and surrendered by said
Grantors; and any note secured hereby may at any time be extended or renewed
without releasing or discharging the liability of any party to the same, or any
endorser or surety thereon, or the security of this Deed of Trust.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
d of Trus to be execute by its du
seals, or, if corporate, has caused this D aff xedt all by p operc corporately
authorized officers and its seal to be hereunto
authority duly given, as of the day and year first above written.
/J (SEAL)
Horace S, Lee
-(SEAL)
_L019a_ Lee-------------------
STATE OF NORTH CAROLINA
a Notary Public of said State and
I,
County, do hereby certify that Horace S. Lee and wife Olga B. Lee
personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed.

???i day of June., 19 77
Witness my hand and Notarial Seal, this Z4L2- Y
Notary Public
My Commission expires: -------------------
-----------Z=- -------------------------------------
STATE OF , COUNTY OF
I, a Notary Public of said State and County, certify that .
ared°before me-tl:iactay_aad acknowledged that he
persolPd'.Tip-alTe
is Secretary of
a corporation, and that by authority duly given and as the act of the corporation, the
President, sealed
foregoing instrument was signed in its name bYs its
if as its Secretary
with its corporate seal, and attested by
Witness my hand and Notarial Seal, this _day of 19
Notary Publi
My Commission expires: -___-___-__-
-----------------------------
STATE OF NORTH CAROLINA, COUNTY OF ,.
The foregoing certificate- of 49
Notary Public/Notaries Public is/are certified to be correct. This instrument was,
presented for registration and recorded in this office at Book Sf g 1,0
1977, at ! / o'clock,
This day of
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ROUTING FORS!
Lend :?-ecor9e flci.al Date
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER LEGGETT WHTEHURST
BEAUFORT COUNTY, NC
2007 JUN 22 10:51:14 AM
80592 P012-115 FEE420.00
INSTRUMENT # 1007005100
NORTH CAROLINA PREPARED BY CARTER, ARCHIE, HASSELL & HOLBROOK, L.L.P.
ATTORNEYS AT LAW, i OST OFFICE DRAWER 2187
BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889
THIS DEED, made and given this Gl';O"day of -,/ 2007, by OLGA B. LEE,
hereinafter referred to as "Seller"; to JUNE LEE CHERRY, whose address is 164 Warren Lane,
Belhaven, North Carolina, 27810, hereinafter referred to as "Buyer;
WITNESSETH:
That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable considerations to her paid by Buyer, the receipt ofwhich is hereby acknowledged, has bargained
and sold, and by these presents does hereby bargain, sell and convey unto Buyer, her heirs and assigns,
in fee simple, the following parcel or tract of land located in Bath Township, Beaufort County, North
Carolina, and being more particularly described as follows:
Being all of Lots 61 and 62, as said lots are shown upon a plat entitled "Kilby Island Lot Layout"
which map is recorded in Map Book 20, Page 25 in the Beaufort County Registry. Reference is
also made to that deed to Horace S. Lee and wife, Olga B. Lee dated June 14, 1977 which is
recorded in Book 751, Page 606 of the Beaufort County Registry.

BK1592r,G1i3
TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all privileges and
appurtenances thereunto belonging or in anywise appertaining unto Buyer, her heirs and assigns, in fee,
forever, subject to the following:
Beaufort County ad valorem taxes for 2007 and subsequent years.
2. Easements and rights of way for public utility lines crossing and/or serving the
property.
3. Seller expressly reserves the right to use and maintain the septic tank drain field
which is located on Lot 62 for the benefit of, and as an appurtenance to Lot 3 of"Kilby Island Lot Layout"
which map is recorded in Map Book 20, Page 25 in the Beaufort County Registry.
And Seller covenants and warrants to and with Buyer, her heirs and assigns, that she is seized of
the above described lands in fee and has the right to convey the same, that the same are free from all liens
and encumbrances except those above set forth, and that subject only thereto Seller will warrant and
defend the title to the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, Seller has hereunto set her hand as of the day and year first above
written.
zo? 91 4R-i
OLG B. LEE
-2-
B?1592I,c11`i
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Before me, the undersigned Notary Public in and for the state and county aforesaid, personally
appeared C)W-,& 8. LC-9- , unmarried, and she voluntarily acknowledged the due execution of
the foregoing instrument for the purposes therein expressed. The undersigned Notary Public has personal
knowledge of the identity of the principal or satisfactory evidence of the principal's identity.
WITNESS my hand and Notarial Seal, this -0/ 6*day of ZS, rte- _, 2W
NOTARY PUBLIC
My commission expires: A GAIL MANNING
NOTARY PUBLIC
-'AUFORT COUNTY
ITH CAROLINA
S.\SID\llEEUS. mist\Lee, Olgakolgato june.wpl ? Ex irQ$
A. GAIL MANNING
NOTARY PUBLIC
BEAUFORT COUNTY
NORTH CAROLIN
M Commission Ex ires
J-I
i
-3-

sK1592PG115
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
Filed For Registration:
Book:
Document No.:
Recorder:
0612212007 10:51:24 AM
RE 1592 Page: 112-115
2007005100
DEED 4 PGS $20.00
PATRICIA COLUMBUS
;.
Y
6,-d passe-0
*2007005100*
2007005100
BK1592Pc 116
v?
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FOR REGISTRATION REGISTER OF DEEDS
URST
N
G
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JENNBE UFORT
C
2007 JUN 22 W5114 RM
r g "F0 Q0"'?" ' s 1592 P016-118 FEE : $11.00
BK

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ROtTMIQG FOtilS 1
INStRUMENT 2001005101
Z
Lard 1te"ord _ f i _al nat`
NORTH CAROLINA PREPARED BY CARTER; ARCHIE, HASSELL & HOLBROOK, L.L.P.
A fTORNEYS AT L %W, POST OFFICE DRAWER 2187
BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889
THIS QUITCLAIM DEED, made this /'? ` day of June, 2007 by and between FRANKLIN
EDWARD CHERRY, party of the first part, to JUNE LEE CHERRY, party of the second part, whose
address is 164 Warren Lane, Belhaven, North Carolina, 27810;
WITNESSETH:
In consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to him paid
by the party of the second part, the receipt of which is hereby acknowledged, the party of the first part has
bargained and sold and by these presents does hereby bargain, sell, convey and quitclaim unto the said
party of the second part, her heirs and assigns, in fee simple, any and all interest including all ofthe right to
such property and free and clear of such interest in such property as the other spouse might have acquired
as a result of the marriage, including any right arising now or at any time hereafter under North Carolina
General Statutes 29-30 and 50-20 et seq. which said party of the first part has in that certain lot or parcel
of land, lying and being in Bath Township, Beaufort County, North Carolina, more particularly described
as follows:
Being all of Lots 61 and 62, as said lots are shown upon a plat entitled "Kilby Island Lot Layout"
which map is recorded in Map Book 20, Page 25 in the Beaufort County Registry. Reference is
BK1592PC117
also made to that deed to Horace S. Lee and wife, Olga B. Lee dated June 14, 1977 which is
recorded in Book 751, Page 606 of the Beaufort County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereunto belonging or in anywise appertaining unto the party of the second part, her heirs
and assigns, in fee simple.
The party of the first part agrees that the party of the second part can convey the above described
real property, or any interest therein, without the consent of the party of the first part.
IN WITNESS WHEREOF, the party of the first part has hereunto set his hand as of the day and
year first above written.
G
FRANKLIN EDWARD C RRY
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Before me, _a, 1 NNP;?4, the undersigned Notary Public in and for the State and
County aforesaid, personally appeared FRANKLIN EDWARD CHERRY, and he voluntarily
acknowledged the due execution of the foregoing instrument for the purposes therein expressed. The
undersigned Notary Public has personal knowledge ofthe identity ofthe principal or satisfactory evidence
of the principal's identity.
Witness my hand and Notarial Seal, this day of June, 2007.
NOTARY PUBLIC
:A.GAIL MANNING
My commission expires: RY PUBLIC
S\SID\DEEDS.mist\Lee.Olga\eddie.R . COUNTY
CAROLIMy on Ex ire
-2-
AX1592Pc118
M

Y
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
Filed For Registration
Book:
Document No.:
Recorder:
061221200710:51:24 AM
RE 1592 Page: 116-118
2007005101
Q/C DEED 3 PGS $17.00
PATRICIA COLUMBUS
SI- j ?RSSe?(
*2007005101*
- BK1592PG112
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Land RecordI f flcial tlatc
FOR REGISTRATION REGI STER OF DEEDS
JENNIFER LEGGETT WHTEHURST
2007uJUNT22 10:51:24 AM
BK:1592 PG: 112-115 FEE: $20.00
INSTRUMENT # 2007005100
NORTH CAROLINA PREPARED BY CARTER, ARCHIE, HASSELL & HOLBROOK, L.L.P.
LATTORNEYS AT NvV, DUST OFFICE DRAW; R 2187
BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889
THIS DEED, made and given this l:l1""day of 2007, by OLGA B. LEE,
hereinafter referred to as "Seller"; to JUNE LEE CHERRY, whose address is 164 Warren Lane,
Belhaven, North Carolina, 27810, hereinafter referred to as "Buyer;
WITNESSETH:
That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable considerations to her paid by Buyer, the receipt ofwhich is hereby acknowledged, has bargained
and sold, and by these presents does hereby bargain, sell and convey unto Buyer, her heirs and assigns,
in fee simple, the following parcel or tract of land located in Bath Township, Beaufort County, North
Carolina, and being more particularly described as follows:
Being all of Lots 61 and 62, as said lots are shown upon a plat entitled "Kilby Island Lot Layout"
which map is recorded in Map Book 20, Page 25 in the Beaufort County Registry. Reference is
also made to that deed to Horace S. Lee and wife, Olga B. Lee dated June 14, 1977 which is
recorded in Book 751, Page 606 of the Beaufort County Registry.

ax1592Pc113
TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all privileges and
appurtenances thereunto belonging or in anywise appertaining unto Buyer, her heirs and assigns, in fee,
forever, subject to the following:
1. Beaufort County ad valorem taxes for 2007 and subsequent years.
2. Easements and rights of way for public utility lines crossing and/or serving the
property.
3. Seller expressly reserves the right to use and maintain the septic tank drain field
which is located on Lot 62 for the benefit of, and as an appurtenance to Lot 3 of"Kilby Island Lot Layout"
which map is recorded in Map Book 20, Page 25 in the Beaufort County Registry.
And Seller covenants and warrants to and with Buyer, her heirs and assigns, that she is seized of
the above described lands in fee and has the right to convey the same, that the same are free from all liens
and encumbrances except those above set forth, and that subject only thereto Seller will warrant and
defend the title to the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, Seller has hereunto set her hand as of the day and year first above
written.
OLG B. LEE
-2-
aK 1592"'211`I
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Before me, the undersigned Notary Public in and for the state and county aforesaid, personally
appeared QW-40- B. Lee. , unmarried, and she voluntarily acknowledged the due execution of
the foregoing instrument for the purposes therein expressed. The undersigned Notary Public has personal
knowledge of the identity of the principal or satisfactory evidence of the principal's identity.
WITNESS my hand and Notarial Seal, this ?/-Si-day of ?rte , 200_.
NOTARY PUBLIC
My commission expires: 4? A: GAIL MANNING
NOTARY PUBLIC
?'- AUFORT COUNTY
,'.rH CAROLINA
S.\SID\DEEDS.misc\Lee, Olga\olga,tojune.wpd h Ex Tres
A. GAIL MANNING
NOTARY PUBLIC
BEAUFORT COUNTY
NORTH CAROLIN
M Commission Expires 09
-3-

BK1592PG115

JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
Filed For Registration: 06122/200710:51:24 AM
Book: RE 1592 Page: 112-115
Document No.: 2007005100
DEED 4 PGS $20.00
Recorder: PATRICIA COLUMBUS
Y

0J W?SSe<
*2007005100*