20051766 Ver 2_More Info Received_20080918

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I Doc ID: 110118466005B TYPO. CAP 11 FeeoAmt, $1000OZP peal of 5268: t3 AM
Onalou County, NO
Mildred M Thomas Register of Deeds
-2782 P0747-844
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
® [A (r-.-., [a?w[a p
SEP 1 8 2008
A":2782, Page: 747
WE?

A
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
STERLING FARMS
Table of Contents
1.3
1.?
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19.
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
Definitions .....................................................................................................................1
?ArtI... es ................................................................................................. .........................1
Ass .
ciati nt ................................................................................................................2
ssociati" D uments ...................................................................................................2
ene a Asse ment ......................................................................................................2
Bo Di t oard ...........................................................................................2
Btulde ..... .. ...........................................................................................2
Business d rad.. ... .......
. .... .. ........................?..........._.,...:.........:....::...:........2
Bylaws .............. ... 2
Common Eleme .. .... ...................... ...................................2
Common Expenses .... ........................................................2
Community-Wide Stan d.... ........ ......... .. .... ........................................................3
Contiguous Property ............ . ............... ...... ....... .................................................. 3
Covenant to Share Costs......
Declarant ......................................... ...... ...................................................... 3
Declaration ............................................. ........... ... ........... ...........................................3
Design Guidelines ...................................................................... ..........................3
Development Period .............................................................. .............................3
Dwelling Unit ................................................................ ............................................3
Landscaping ................................................................. ...... ........... . ............................4
Limited Common Elements ......................................................................... ...............4
Lot .......................................................................................... ... .. A
Member ............................ ............................................... .... ....0....... ... ....4
Mortgage ............................................................................................ .. .......
Mortgagee ............................................................................................... ... .... .......... ..4
Owner ...........................................................................................................................4
Permit .............................................................................................................. ......4
Person ..............................................................................................................................4
Project ..............................................................................................................................4
Property ......................................................................... .......5
Register of Deeds ......................... ..............................................................................5
Stormwater Management Facilities .................................................................................5
Supplemental Declaration ........................................... ....... .............................................. 5
Upkeep .............................................................................................................................5
i
Book:2762,Page:747

1.36 Use Restrictions ...............................................................................................................5
1.37 Utility Company ..............................................................................................................5
Article 2: Property Rights ..............................................................................................................5
2.1 Common Elements ...............................................................::.........................................
2.2 Recreational Facilities .....................................................................................................6
Ar i : Association Function, Membership and Voting Rights ..................................................7
.1 u lion of Association .................................................................................... ...........7
3.2 / M b ship .....................................................................................................................7
3 V ti .............................................................................................................................7
icle 4: /ss i ' n Rights, Obligations and Services ...............
4. l erson? -TP ope y and Real Property for Common Use ..................................................8
4.2 pli d,?Aghts, oard Authority ................................................................. 8
4.3 1 ton o lements.................................................................................... 8
4.4 Disclai er f iabil' ...................................................................................................8
4.5 Safety ......... ... ..... ........ .........................................................................9
4.6 Provision of S i ..... ...... .. .....................................................................10
4.7 Change of Use o n le me t .....................................................10
4.8 View Impairment ....... ........ ...................................................11
4.9 Relationship with Tax- xempt?Org izati ..............
Article 5: Maintenance ............................. v ..... .................................................11
5.1 Association's Responsibility ....................................................................................11
5.2 Owner's Responsibility ............................ ..... .. ......................12
5.3 Standard of Performance ................................... .... .. .......................12
Article 6: Insurance and Casualty Losses ...............................................................................13
6.1 Association Insurance ........................................................ ..........13
6.2 Association Policy Requirements ......................................................... .........
6.3 Owner's Insurance .............................................................................. ............. .....16
6.4 Loss Adjustment, Repair and Proceeds .............................................. ...... 6
Article 7: No Partition ................................................................................................. ... ....16
Article 8: Permit: Transfer, Responsibilities and Covenants .......................................................16
8.1 Transfer to and Acceptance by Association ..................................................................16
8.2 Association Indemnification ..........................................................................................17
8.3 Administration of Permit ...............................................................................................17
8.4 Easement for Upkeep and Enforcement ........................................................................17
8.5 Permit Covenants ...........................................................................................................18
u
Book:2782,Page:747

A
Section 8.6 Conservation Areas ................................................................................................18
Article 9: Annexation and Withdrawal of Property .....................................................................19
9A- Annexation Without-Approval of Membership ............. ................ ..........19
9.2 Annexation With Approval of Membership ..................................................................20
9.3 Withdrawal of Property .................................................................................................20
9.4 Additional Covenants and Easements ..........................................................................20
9.5 Amendment ....................................................................................................................20
9. dditional Members ......................................................................................................20
10: Asse'sSments ..............................................................................................................20
10.Y? /Cr lion of Assessments .................................................. ....20
an Obligation for Assessments ........................................................................21
10.3 C putati Annual Assessment .............................................................................22
10.4 eserv B dget d Special Reserve Assessment .........................................................22
10.5 a it As sments ....................................... . ........................................ .......23
10.6 Date Co cemen f Assessments ......................................................................23
10.7 Lien for a smenV ............. .............................................................................23
10.8 Acceleration........... ............ .............................................................................24
10.9 Failure to Asse . ............ ........................................................................................24
10.10 Exempt Property .............. .... ... ...... 24
..................................
10.11 Initial Working Capital und ........................................................................... ....25
Article 11: Architectural and Design Ards ... ... .. . ....................................................25
11.1 General .............................................. ......................................................................25
11.2 Architectural and Design Review ..............................................................................25
11.3 Guidelines and Procedures ............................• ............................... ..............26
11.4 Submission of Plans and Specifications .............. .................... ......................27
11.5 No Waiver of Future Approvals ................................................................................28
11.6 Variances .......................................................................... ................ ....................28
11.7 Limitation of Liability ..................................................... ................ 29
11.8 Enforcement ............................................................................. ............ .................
0
Article 12: Plan of Development and Use Restrictions ...........................................................3
12.1 Plan of Development: Applicability: Effect ................................................................30
12.2 Authority to Promulgate Use Restrictions and Rules ............................................ .....30
12.3 Owners' Acknowledgment .............................................................................................30
12.4 Use Restrictions .............................................................................................................31
115 Rights of Owners ...........................................................................................................31
Article 13: Easements ..................................................................................................................32
13.1 Easements of Encroachment ..........................................................................................32
13.2 Easements for Utilities, Etc ...........................................................................................32
III
Book:2782,Page:747
13.3 Easements to Serve Additional Property .......................................................................33
13.4 Development and Other Easements ...............................................................................33
13.5 Easements for Cross-Drainage ......................................................................................33
13.6 Right of Entry ................................................................................................................34
13.7 Easements for Maintenance and Enforcement-........ -- .
13.8 Rights to Storm Water Runoff, Effluent and Water Reclamation .................................34
A 14: Mortgage Provisions ..................................................................................................35
1 .1 otices of Action ...........................................................................................................35
14.2 No friprity .....................................................................................................................35
14. Notice t Association .....................................................................................................35
rtkle-18: ant's Rights ......................................................................................................35
....35
15.1 grants ts ......................................................................................................
15.2 ransf o Decl ant's Rights ............... ....................................................................36
15.3 . ]c ion o velopment Plan ...............................................................................36
15.4 Devel men cement ................ .........................................................................36
15.5 Marketin Sale ................ .............................................................................37
15.6 Declarant Ap ova t Ch a in ss iation Documents ..........................................37
15.7 Unimpeded Ac s ...... ..... ................................................................38
15.8 Additional Declarations trictio ......... ..................................... ..... ........38
15.9 Governmental Interests ............................................................................................38
Article 16: Compliance and Enforceme ......... ................................................38
16.1 General Remedies ................... ......... ...... .....................................................38
16.2 Enforcement/Sanctions .......................... ..... ........... .....................................38
16.3 Self-Help Remedies........ ................................................... .....Z ..16.4 Cumulative Remedies/Attorneys' Fees............ ........................ .....................39
16.5 Association's Right Not to Take Action ....................................................................39
16.6 Enforcement by Owner ..................................................... ....... x,. ................39
Article 17: General Provisions ............................................................
17.1
17.2
17.3
17.4
17,5
17.6
17.7
17.8
Term ................................................................................................ ... .. .....40
Amendment .................................................................................
Litigation ............................ .... .................................................................... . ...... ..41
.
Hearing Procedures ......................................................................................................41
Severability ...............................................................................................................42
Use of the Words .........................................................................................................43
Notice of Sale or Transfer of Title .................................................................................43
Attorneys' Fees ...................................................................... ...................................43
EXHIBIT "A" - Initial Property
EXHIBIT "B" - Initial Use Restrictions and Rules
EXHIBIT "C" - Table of Maximum Built-Upon Area
IV
Book:2782,Page:747
(rage t or 5a)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND
RRSTRICTIONS FOR STERLING FARMS ("Declaration") is made this day of
Derembe,r, 2006, by OGDEN HIGHWAY LLC, a North Carolina limited liability company
ftr`e r fetTed to as the "Declarant"): SUNTRUST BANK, a national banking association
?"Lende); and ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within
the plaRnedreummunity generally known as "Sterling Farms."
STERLING FARMS
a pl
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
t jA" w
beneficial rki
portion of the
development,
:REAS, Declarant is the owner in fee simple of the real property described in
ris attached hereto and incorporated herein by reference, and desires to create
iit},pursuant to the provisions of Chapter 47F (the "Act") of the General
_a? lina and impose upon the Property (as defined in Article 1) mutually
i nder a general plan of improvement for the benefit of the owners of each
Deity an estabbshesxible and reasonable procedure for the overall
ir?istrapon, m4tep'anee and preservation of the Property; and,
Exhibit "A" and any additionAe property,s
Declaration (as defined in Article 1) hall
to the following easements, restrii?-c`.
protecting the desirability of, and whidv
Declaration. This Declaration shall be bi
having any right, title, or interest in the R
successors-in-title, and assigns.
Article 1. Definitions.
u-es that all of the property described in
to 4iis Declaration by Supplemental
1, SJ0,. , rsed and conveyed subject the Act and
tw„ano?on itions, which are for the purpose of
ith tl-,_ real property subjected to this
q and shall inure to the benefit of all parties
or any?par[ thereof, their heirs, successors,
The terms used in this Declaration shall generally be given their natural,
commonly accepted definitions except as otherwise specified. Caput 'lizedh m small be defined
asset forth below-
1.1 "Act": Chapter 47F of the General Statutes of Nor Carte ina esigadied
as the North Carolina Planned Community Act.
1.2 "Articles": The Articles of Incorporation of Sterling Farms Owr3ers
Association, lac., as filed with the North Carolina Secretary of State and recorded in the Register
of Deeds.
1.3 "Assessment": Assessments levied on all Lots to fund the Common
Expenses. The Assessment for all Lots owned by Declarant shall be one-third (1/3) of the
Assessment established for all Lots pursuant to Section 10.3.

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k-yC /v UL Do;
1.4 "Association": Sterling Farms Owners Association, Inc., a North Carolina
nonprofit corporation, its successors and assigns.
1.5 "Association Documents": Collectively the Articles of Incorporation of
the Association, the Bylaws of the Association, this Declaration, any Supplemental Declaration
as i?aa- e applicable to separate portions of the Property, the Rules and Regulations, the Design
G,uSdelin\n adopted by the Association, and any resolutions adopted by the Board, all as may be
amended, res"ted and revised from time to time. Any exhibit, schedule or amendment to an
Association 0ociinient shall be considered a part of that document.
"Benefited Assessment": Assessments levied under Section 10.5.
of the A
rd of Directors" or "Board": The body responsible for administration
as provided in the Bylaws.
1.7
constructing Dwd l
who purchases one or
further development
?-A_n y Person who purchases one or more Lots for the purpose of
T?sale to consumers in the ordinary course of its business, or
,&? is o lartt wi rrn the Property or Contiguous Property for
resa(44:ri tho ordi?r?.arv course of its business.
1.9 "Business arzd?T_r_ade?.hll 1 1core;
accepted meanings and shall include witl??out fimitatiot , ai
undertaken on an ongoing basis which-i_av?Lvts the pfo Si
other than the family of the producer of such good r see
receives a fee, compensation, or other form os co Sid ratio
activity is engaged in full or part-time, (b) such ac ivity is
or (c) a license is required.
time to time.
1.10 "Bylaws": The Bylaws of the
to have their ordinary, generally
upation, work, or activity
roods or services to Persons
id for which the producer
irdless of whether: (a) such
4d or does generate a profit,
amended from
1.11 "Common Elements": All real and personal proe t -,zich the
Association now or hereafter owns, leases or otherwise holds possessory o use„ghts for th
common use and enjoyment of the Owners, including easements held by thc.Associatzon for
those purposes. The term shall include, without limitation, any Recreational Fa ilities /
(hereinafter defined) (if constructed by Declarant and transferred to the Association ; provided
in Section 2.2), signage and/or landscape easements as the same may be depicted on the Ma(p, as
that term is defined in Section 2.3 herein, landscape medians, roads, cul de sacs, lakes, ponds,
rivers, streams, wetlands and preservation areas. The term shall also include any utilities
facilities owned or operated by the Association as described in Article 18 herein. The term shall
also include any and all permits and other such intangible property including, but not limited to,
the Stormwater Management Permit.
1.12 "Common Expenses": Any and all expenditures made by or financial
liabilities and obligations of the Association, together with any allocations to reserves.

(Page 8 of 58)
10
1.13 "Community_Wide. Standard": The standard of conduct, upkeep, or other
activity generally prevailing throughout the Property. The standard shall be established initially
by Declarant thereafter shall be determined by the Board of Directors and the Architectural
Committee. The standard may contain both objective and subjective elements, and may evolve
and change as development progresses and as the needs and desires within the Property change.
1.14 "Contiguous Property": Any property of which a portion adjoins or
-iiic Property or which is separated from the Property only by roads, rights-of-way,
ays, o?r?yural boundaries.
1.15 "Covenant to Share Costs": Any declaration of easements and covenant to
share cos j xeJcuted,by Declarant and recorded in the Register of Deeds which creates easements
for fire--ben?ft of thociation and the present and future owners of the real property subject
to the. Declarat)o nand which obligates the Association and such owners to share the costs of
maintainin4,cma n,?prope v described therein.
1 6-J ?'Declarant": `Ogden Highway, LLC, a North Carolina litnited liability
company, or any succWSor, suc?esso -m// i assignee thereof, which has or takes title to any
portion of the Property ?escribed on ilibi r any Contiguous Property made subject to
this Declaration for the pur , f elop ent-aii"or resale in the ordinary course of business
and who is designated as Declara.m a rer??rd in 7intent executed by the immediately
preceding Declarant.
1.17 "Declaration": Thi - Decl jati n any- 5trpplemental Declaration as may be
applicable to separate portions of the Property, " h?ibitj ?hedule or amendment thereto, all
as maybe amended, restated and revised from 11 to time.
1.18 "Design Guidelines": The arcliitect?ral, design, Oevel!TfIFnt, and other
guidelines, standards, controls, and procedures including b at not iriiiie o app rcat.ion and
review procedures, adopted pursuant to Article 11 and applicable ld t4 Property.
1.19 "Development Period": The period ending oh4he ar4? t>
(a) twenty-five (25) years from the date this Declaration is recorded in ie?'Re,-?.ster of D ed?;
provided, that if Declarant is delayed in the improvement and development?of One Property as a
result of a sewer, water or building permit moratorium or other cause or event bey
Declarant's control, then the aforesaid period shall be extended for the length of the esay plu an
additional two (2) years upon written notice to the Association of such extension; or0,)th date
specified by Declarant in a written notice to the Association that the Development Period ; to
terminate on that date so stated.
1.20 "Dwelling Unit": Any building or structure or portion of a building or
structure situated upon a Lot which is intended for use and occupancy as an attached or detached
residence for a single family.
3
?rayc ? ? i ?u?

1.21 "Landscaping": Living plants, shrubs, trees, vegetation, ground
- coverings (including-grass and sod) and appurtenant live/growing-vegetative-materials, straw,
mulches, composting materials, pools (other than swimming pools), ornamental ponds,
ornamental structures and any other living or non-living material or structure reasonably
constituting a part of any or all of the foregoing installed upon a Lot.
1.22 "Limited Common Elements": A portion of the Common Elements
aocdte ' y?kis Declaration or by operation of law for the exclusive use of one (1) or more but
/ fe e than all o6the Lots. Limited Common Elements may also be shown on any map of the
P sect re2rded4 the Register of Deeds.
T12-2 "Lot":
) A portion of the Property, whether improved or unimproved, other
than mm n Elemr bnv and property dedicated to the public, which may be independently
owned at conv?yi anawhich is separately identified on a map of all or any portion of the
Property r or ed.?n the egister of Deeds. The term shall refer to the land, if any, which is part
of the Lot as well as atrY immpr-Venients thereon.
For all paurpoSes/" et fkirth in the Association Documents, a Lot comes into
existence on the later of`sec?;rtiatiorijr -z ?? gis er of Deeds of (i) a map or plat depicting said
Lot or (ii) a Supplemental i?cc au-7 defn R anti-s 'ecting the proposed Lot to the same and
this Declaration. ? ;
1.24 "Member": A?PeAcin/having ruernh IhJ in the Association consistent
with Section 3.2 of this Declaration S
125 "Mortgage": A mortgage,?a-d'truss-a-deed to secure debt, or any
other form of security deed. \J / -
1.26 "Mortgagee": A beneficiary or hol?er ot`a ?!ort ,ag-
1.27 "Owner". One or more Persons who hold tlTe record title Many Lot,
except Persons holding an interest merely as security for the performanc- f-aa%o ??aon in
which case the equitable owner will be considered the Owner,
1.28 "Permit": The North Carolina Stormwater Management Permits
No. SW8060127 issued for the real property described in Exhibit "A", and any add-i?onal Noy
Carolina Stormwater Management Permits, applicable to the Property, and any ameWmes,,
additions or replacements thereof.
1.29 "Person": A natural person, corporation, limited liability company,
partnership, trust, or any other legal entity.
1.30 "Proiect": The Sterling Farms development located on the Property.
4
,OZ)r , ..
(Page 10 of 58)

1.31 "Property": The real property described in Exhibit "A," together with such
additional property as is subjected to this Declaration in accordance with Article 9.
1.32 "Register of Deeds": The office of the Register of Deeds of Onslow
County, North Carolina.
1.33 "Stormwater Management Facilities": All areas consisting of ditches and
n ponds and other improvements which are constructed pursuant to, and regulated
/ /4.34 "Supplemental Declaration": An amendment or supplement to this
clarati fil d-V-u,-,5}}uant to Article 9 which subjects additional property to this Declaration and
identirn the ommc n-Fements within the additional property, if any, and/or imposes, expressly
or by reference, ad&oonal?restrictions and obligations on the land described therein
i -3 "l.li?l:e?p Care, inspection, maintenance, operation, repair, repainting,
remodeling, resto?atiol? AmproyT nehl, renovation, alteration, replacement and reconstruction.
1.36 "Ose l?e riccio?s?: T "e rulit s and use restrictions are more fully defined
as set forth in Section 12.
1.37 "Utility Co6pna j' A public iipti I ate company or entity duly licensed
and authorized by the North Carolina til?ities>Co .?sion to provide utility services within a
specified franchise area and any entity prcuidrng ltitxy?seres'on behalf of a body politic,
municipality or other governmental body oi?'entit
Article 2. Property Rights. I\J
Owner shall h?avc?1 ?rn?tt-andam nexclusive
2.1 Common Elements: Every
easement, in common with all other Owners, of use, access,\aind enjoyment in?nd to the
------------
Common Elements, subject to:
(a) The Association Documents and any otfte"Opl caa le covgnan s,
(b) Any restrictions or limitations contained in any-d d ca veyliz
such property to the Association;
(c) All applicable provisions of the Act including, but not liW_4to,
the following:
(i) The right of the Board to adopt rules, regulations or
policies regulating the use and enjoyment of the Common
Elements, including rules restricting use of Recreational
Facilities (as hereinafter defined) within the Common
Elements to Owners, their families, lessees and guests, and
5
(Page li of 58)

niles limiting the number of occupants and guests who may
use the Common Elements;
(ii) The right of the Association to dedicate or transfer all or
any part of the Cortunon Elements to governmental entities
pursuant to Section 4.3;
The right of the. Board to impose reasonable requirements
and charge reasonable admission, or other fees for the use
of anv Recreational Facility or other improvements situated
upon the Common Elements;
The right of the Board to permit use of any Recreational
Facilities situated on the Common Elements by Persons
other than Owners, their families, lessees and guests upon
payment of use fees established by the Board;
the Board to create, enter agreements with,
ants to and transfer portions of the Common
liarNempt organizations under Section 4.9,
to mortgage, pledge, or
real or personal property as
1 or debts incurred by the
encumber
ided in the Act.
(d) The right of the Board to suspend the)priVilege of an Owner to use
Recreational Facilities within the Common Elements.
(e) The right of the Association to rent or lease'c
Common Elements including the Recreational Facilities (as defined in Seciii
short-term basis to any Owner for the exclusive use of such Owner and such
guests.
2.2 Recreational Facilities. Declarant may, but has no obligation to, w-,truct
community center/clubhouses, swimming pools, and other recreational improvements and
facilities within the Common Elements (the 'Recreational Facilities"). If constructed, the
Recreational Facilities will be provided for the benefit of Owners of Lots, their families, tenants
and guests within the Property described on Exhibit A. The Recreational Facilities shall be
maintained as part of the Common Elements out of assessments imposed on all Owners who
have the right of access to and the use of the present Recreational Facilities in accordance with
the provisions of Section 2.1. The Association may impose reasonable regulations regarding the
6
(Page 12 of 58)

ust-of any such Recreational Facilities to insure accessibility, safety, harmony and preservation
of any such Recreational Facilities. The cost of the management, operation, maintenance, repair,
servicing, replacement and renewal of the Recreational Facilities shall be deemed Common
Expenses as to all Owners who have the right of access to and use of said Recreational Facilities.
DECLARANT f-LAS NO OBLIGATION TO CONSTRUCT
ANY RECREATIONAL FACILITIES, THE
CONSTRUCTION OF THE SAME BEING IN THE SOLE
DISCRETION OF DECLARANT.
/Article 3. Association Function, Membership and Voting Rights.
3.1 Function of Association. The Association shall be the entity responsible
for manament,,LpFeep1operation and control of the Common Elements. The Association
shall be th ,prirpar? entit responsible for enforcement of the Association Documents. The
Association shall perfoP? it"s` tun-cta.ons in accordance with the Association Documents and North
Carolina law. Th Aswiatior's all'Itave all l?owers reasonably necessary to perform its
functions and obligations deb rill d ir? the ssoziationDocuments including, but not limited to,
all powers set forth in N.C,. Gen. S
3.2 Member
Lot is owned by more than one
and the Act.
of such membership, subject to reasoriab. and re itlabd
established under Section 2. 1, and the rest action `on tin!.
Bylaws, and all such co-Owners shall be joi?ntlly an,dd? severs
responsibilities of Owners. The membership rights?of an/(/
liability company, partnership or other legal entity maxlie
manager, partner, or trustee, or by any other individual des
Owner in a written instrument provided to the Secretary of
a Member of the Association. If a
Members and share the privileges
r,` c reasonable fees as may be
set forth in Section 3.3 and in the
Ul /obligated to perform the
is a corporation, limited
anyisfficer, director,
Z mPto 61 -le by the
3.3 Voting. All Owners shall have one (l) equal vote fcf each Lbt-in which
they hold the interest required for membership under Section 3.2, pro` ide;?itfi to sa11 e ontl??
one (1) vote per Lot.
Declarant may, by Supplemental Declaration, create additional cYasse of
membership for the Owners of Lots within any additional property made subject to this
Declaration, with such rights, privileges and obligations as may be specified in such
Supplemental Declaration in recognition of the different character and intended use of the
property subject to such Supplemental Declaration.
Except as otherwise specified in this Declaration or the Bylaws or as required by
law, the vote for each Lot shall be exercised by the Owner. In any situation in which there is
more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such
co-Owners determine among themselves and advise the Secretary of the Association in writing
prior to any meeting. Absent such notice to the Association, the Lot vote shall be suspended if
?eage 1? oi. oo)
more than one Person seeks to exercise it. If the co-Owners are unable to agree on how the vote
should be cast, it will be disregarded.
Article 4. Association Rights, Obligations and Services.
S \ 4.1 Personal Property and Real Property for Common Use. The Association
n,ay acq?u?re, hold, and dispose of tangible and intangible personal property and real property.
15eclarara-ma convey to the Association improved or unimproved real estate located within the
ProT?rty, p rso 1 property and leasehold and other property interests. Such property shall be
aced by th???sociation and thereafter shall be maintained as Common Elements by the
As ociat' n ai its expense for the benefit of its Members, subject. to any restrictions set forth in
the deed, including-but not limited to restrictions governing the use of such property.
4.2') Implied Rights; Board Authority. The Association may exercise any right
or privileg giv n?0 it expressly by the Association Documents or which may be reasonably
implied from, o(r reason?' necessary to effectuate, any such right or privilege. Except as
otherwise speciFit,alYprovided-in t'ire Association Documents, or by law, all rights and powers
of the Association may be e>?ensed the Bo-a d without a vote of the membership.
4.3 Dedicat- ott- C7ommbn`E1:;mre-p.Ss. The Association may dedicate or grant
1-
easey ents over poions of thy. C niinonLeSn ?rjts t any\lo?, state, or federal governmental
entity or any Utility Compan
4.4 Disclaimer of Liability. The-`As, oci«r?t n may, but shall not be obligated
to, maintain or support certain activities winin tl e Property ?esigned to promote the health,
safety and welfare of Owners and occupants of arffiot.
(a) Notwithstanding anythittea ntair(edfiler in d in it?e Association
Documents or the Act, neither the Association, the Board, he tr??. nt e-a??Trpany of the
Association, Declarant nor any successor Declarant shall be i-able br sd ponsrble for, or in any
manner a guarantor or insurer of, the health, safety or welfare of a;. Ownp?or (6c of any
Lot or any tenant, guest or invitee of any Owner or occupant or for unv pf gpertof n_v.,such
Persons. Each Owner and occupant of a Lot and each tenant, guest and- ir'vitee aff any Own r o
occupant shall assume all risks associated with the use and enjoyment of t?e_Pttoperty inctd in
all Recreational Facilities. (
(b) Neither the Association, the Board, the management cdrtipan``y of
the Association, Declarant, nor any successor Declarant shall be liable or responsible y
personal injury, illness or any other loss or damage caused by the presence or malfunction of
utility lines or utility sub-stations adjacent to, near, over, or on the Property. Each Owner and
occupant of a Lot and each family member, tenant, guest, and invitee of any Owner or occupant
shall assume all risk of personal injury, illness, or other loss or damage arising from the presence
of utility lines or utility sub-stations and further acknowledges that the Association, the Board,
the management company of the Association, Declarant or any successor Declarant have made
no representations or warranties, nor has any Owner or occupant, or any family member, tenant,
(Page 14 of 58)
guest, or invitee of any Owner or occupant relied upon any representations or warranties,
expressed or implied, relative to the condition or impact of utility lines or utility sub-stations.
(c) No provision of the Association Documents shall be interpreted as
creating a duty of the Association, the Board, the management company of the Association,
Dec aravat nor any successor Declarant to protect or further the health, safety or welfare of any
Person(s), riven if the funds of the Association are used for any such purpose.
n4d shall be
again'st-the .
successor
contractors,
which the 1
'wrier (by virtue of his or her acceptance of title to his or her Lot) and each
an interest in or lien upon, or making any use of, any portion of the Property
ng such interest or lien or making such use) shall be bound by this Section
-to have waived any and all rights, claims, demands and causes of action
[OR-;-t ie management company of the Association, if any, Declarant and any
their directors, officers, committee and Board members, employees, agents,
ractorT/, successors and assigns arising from or connected with any matter for
has
4.5 S;
the Property designed to
(a)
atsciannea.
?l,e As oc
v./ a gr atd.
Neal -f the
idtion-may maintain or support certain activities within
le e{ of?afety than exists within the Property.
Association, Declarant, nor any succ"Is, sor?declrnt
guarantors of safety within the Property -N-either the
the Association, Declarant, nor any succes Rr declare
damage for failure to provide adequate safety"' of
e
(b) All Owners and occup;
gement company of the
way be considered insurers or
:t) any management company of
held liable for any loss or
of safety measures undertaken.
all wily members,
tenants, guests, and invitees of any Owner, acknowledge that the(As`5oci tioh,,, its Board of
Directors, and Association committees, the management compan?f,?of-the/'Assciation, Declarant,
any successor declarant, and the Architectural Committee and rhel4c,(as defined in
Section 11.2(b) hereof) do not represent or warrant that any entry gi-te, patrollin!olthe\Property,
neighborhood watch group or volunteer safety patrol, or any safety syste. t. aat rrgy.De r?
designated by or installed according to guidelines established by Dectarwit or thv?rchit etural
Committee or the MC may not be compromised or circumvented; nor that - entry gate,
patrolling of the Property, neighborhood watch group or volunteer safety patrol, . r arty security '
systems will prevent loss by burglary, theft, hold-up, or otherwise; nor that any entry a e, /
patrolling of the Property, neighborhood watch group or volunteer safety patrol, or any`Wcupty
systems will in all cases provide the detection or protection for which the system is designed or
intended.
(c) All Owners and occupants of any Lot, and all family members,
tenants, guests, and invitees of anv Owner, acknowledge and understand that the Association, its
Board and committees, the management company of the Association, Declarant, or any
successor declarant are not insurers of safety within the Property. Each Owner acknowledges,
understands and shall be responsible for informing its tenants and all occupants of its Lot that the

Association, its Board and committees, and Declarant not guarantors of security or safety and
that each person using Property within the Project assumes all risks of personal injury and loss or
damage to property including Lots, improvements thereon and the contents thereof, resulting
from acts of third parties.
(d) All Owners and occupants of any Lot and all family members,
to ants, gu sts, and invitees of any Owner assume all risks for loss or damage to Persons, to
Lots, arid to the contents of Lots and further acknowledge that the Association, its Board and
comr>7ittees, tie r?r anagement company of the Association, Declarant, or any successor declarant
hake made bo rep sentations or warranties, nor has any Owner, occupant, or any tenant, guest,
irlvite?,of/ Owner relied upon any representations or warranties, expressed or implied,
red ive to any 6tryate, patrolling of the Property, neighborhood watch group or volunteer
safety patrols or an 5ecity systems recommended or installed or any safety measures
undertake within th. Property.
4(6 P/roVision of Services. The Association may provide services and facilities
for the Members 4--th AIssoci U na?td their-guests, lessees and invitees. The Association shall
be authorized to enter into cog tr cts a}? her similar agreements with other entities, including
Declarant, to provide such\servicesz facil ti s. he costs of services and facilities provided by
iattcm as aommon Expense. In addition, the Board
the Association may be fundlrythe Assoc
Isu npi on fees for services and facilities. By
shall be authorized to charge addit noal a ari? or
way of example, some services andf-,acili ies rhlch n? ? -provided include landscape
maintenance, pest. control service, cable C `eviston erv?eesurity, caretaker, fire protection,
utilities, and similar services and facilities?Tlte oard,>tuithoct the consent of the Members of
the Association, shall be permitted to modify or-cance exis ng services or facilities provided, if
any, or to provide additional services and facilities. Nothi'con a!nec herein can be relied upon
as a representation as to what services and facilities, if?aa ?y?will be-pro deq-5y-tbe Association.
This paragraph shall be specifically construed to allow thelAsso\iaf?on ?.nlerji o a contract for
the overall management of the Association with any individual or -c rp9fation, The Association
or its managing agent shall also be permitted to provide services to any Sub draru Association
or Owners where it deems it to be in the interest of the Association Q do
4.7 Change of Use of Common Elements. Upon (a) addptio ;Of a re"olutt'bn
by the Board stating that, in the Board's opinion, a service provided by the Assciati?ri p??uant
to Section 4.6 or the then present use of a designated part of the Common Elemen -,, nd longer
in the best interest of the Owners or is no longer necessary or appropriate for the purfoses
intended, and (b) the consent of Declarant during the Development Period, the Board shall ave
the power and right to terminate such service or change the use of any Common Elements (and,
in connection therewith, construct, reconstruct, alter or change the buildings, structures and
improvements thereon in any manner deemed necessary by the Board to accommodate the new
use), provided that any such new use (i) shall be for the benefit of the Owners, and (ii) shall be
consistent with any deed restrictions and zoning regulations restricting or limiting the use of the
Common Elements.
10
Ec,oi:. -
(Page 16 of 58)
4.8 View Impairment. Neither Declarant nor the Association guarantees or
represents that any view over and across any property, including any Lot, from adjacent Lots will
be preserved without impairment- Neither Declarant nor the Association shall have the
obligation to prune or thin Landscaping except as set forth in Article 5. Any express or implied
easements for view purposes or for the passage of light and air are hereby expressly disclaimed.
j 4.9 Relationship with Tax-Exempt Organizations. The Association may
contribute money, re,?,,- ,personal property or services to any such entity. Any such contribution
shall be a ?ommonxpen \e of the Association and included as a line item in the Association's
annual budge. or the purposes of this Section, a "tax-exempt organization" shall mean an
entity which is e empt fr t feder ncome taxes under the Internal Revenue Code ("Code"),
such as but not limited?t entit' s which are_F. emt from federal income taxes under
Sections 501(c)(3) or 50 (c)( )as the Cpd p
e jnay? amended from time to time.
c.reate?etr er i agreements or contracts with, grant exclusive and/or non-exclusive easements
over„the Cony o?fements to, or transfer portions of the Common Elements to non-profit, tax-
ex mpt or?antzati ns, including but not limited to organizations that provide facilities or services
de??ne? to et the physical or social needs of a particular group or class of persons, for the
efit?he Pr perty?, the Association, its Members and residents. The Association may
Article 5.
5.1 Association's Res 6nsibvlit
the Common Elements, which shall ine .,;-but n
(a) all Common El(
Elements, and the Stormwater Management F
(b) all Landscaping, signage,
structures, bike, pathways and trails, situated upon the t
ation shall provide Upkeep for
fixed to:
nts upon the Common
irlccnding any parks,
(c) all private streets, including any asphalt repairs thereto ,situated
upon the Common Elements;
(d) all walls and fences constructed by Declarant`on arnly Lols which
serve as perimeter walls for the Property or which separate any Lot from Common EYempnts;
(e) Landscaping, sidewalks, street lights, irrigation system
signage within public streets or other rights-of-way abutting the Property;
(f) Landscaping within any public utility easements and scenic or
access easements within the Common Elements (subject to the terms of any easement agreement
relating thereto):
Book : 27 L _ .

(g) access easements for the benefit of enumerated Lot owners as
depicted on the snap of the Project in the Register of Deeds, provided, however, that the cost and
expenses of such Upkeep shall be levied as a Benefited Assessment to the benefited Owners;
(h) any additional property included within the Common Elements as
-dictated by this Declaration, any Supplemental Declaration, any Covenant to Share
anyy)plat of any portion of the Property, or any contract or agreement for maintenance
%entered into by the Association; and
J (i) any property and facilities owned by Declarant and made available,
on ?teiriporary or permanent basis, for the primary use and enjoyment of the Association and its
'Me -
tubers and idenlif}ed by written notice from Declarant to the Association until Declarant
revokes such privileg use and enjoyment by written notice to the Association.
e?
T?hesso "ation may also maintain and improve other property which it does not
own, including, wi?thou "lirltrtat on,,?roperty dedicated to public use, if the Board determines that
such maintenance ss n?6.Scssary/or desirable t??aintain the Community-Wide Standard and if
otherwise permitted by hppli¢al?ie la
Except as otlieiv. se. specifical 6Vded herein, all costs for Upkeep of the
Common Elements shall be a Cortimon Expense-all mted`among all Lots as part of an
Assessment, without prejudice to iglu of to Aso?iatlpl` seek reimbursement from the
Persons responsible for, such work purs-a'ar•&-to thts,D\ ecl anion, then recorded covenants, or
agreements with such Persons.
5.2 Owner's Responsibility. EadIch Ownei'a" 15a1T`provide for the Upkeep of his
or her Lot (with the exception of those areas designated ns,conurfon marite?rance responsibility
on the recorded maps), and Dwelling Unit, and all other str ctu?es,pr _g\eas Landscaping,
and other improvements upon the Lot in a manner consistenwi[lhe Cmmt?nity-Wide
Standard and all applicable covenants, unless such responsibility f r l?keep?,ts otherwise
assumed by or assigned to the Association pursuant to any Supplemental Declara Qnr other
declaration of covenants applicable to such Lot. J
.ems ,? ?
In addition to any other enforcement rights, if an Owner fails properlyo P iforr
his or her Upkeep responsibility, the Association may perform such work for UPlee and asses
all costs incurred by the Association against the Lot and the Owner in accordance wi,?t
Section 10.5. The Association shall afford the Owner reasonable notice and an opportumjt?o
cure the problem prior to entry, except when entry is required due to an emergency situation.
5.3 Standard of Performance. Upkeep may include irrigation as the Board
may determine necessary or appropriate to satisfy the Community-Wide Standard. All Upkeep
shall be performed in a manner consistent with the Community-Wide Standard and all applicable
covenants, as determined by the Board.
12

(Page 18 of 58)
Portions of the Property are environmentally sensitive and/or may provide greater
aesthetic value than other portions of the Property. The Board may establish a higher
Community-Wide Standard for such areas and require additional Upkeep for such areas to reflect
the nature of such property.
Notwithstanding anything to the contrary contained herein, neither the
Associat?, nor any Owner shall be liable for property damage or personal injury occurring on,
or arisuig ouWf the condition of, property which it does not own unless and only to the extent
that a(has be6 ne ligent in the performance of its maintenance responsibilities.
/ /Article 6. Insurance and Casualty Losses.
l 6.1 ssociation Insurance. The Association, acting through its Board or its
duly authprized agent, sh 1 obtain and continue in effect if reasonably available the following
types of insurapc/ ?
, Ja) 14n E ct property insurance covering risks of physical loss on an
"all-risk" basis (or comkarab?e Q,(verage,by w alever name denominated) for all insurable
improvements on the Common Elem to`t-he extent that it has assumed responsibility for
maintenance, repair and/or reP lace---net t in th ve n 3fa casualty. If such coverage is not
generally available at a reasonabl z ost, then ' ad47pr1 nnamed perils" coverage may be
substituted. All property insurancoliges o aine?lay tk &ssociation shall have policy limits
sufficient to cover the full insurable repl4'cement costhf thy,insured property. This provision for
Blanket property insurance shall not be construed/ to redo.
for any structure owned by any party othert1iapthe_ASsot
provide insurance for said structures with the appiFoval of
individual coverage is not available, \
(b) Commercial general iiability'iis uraQc?s6the
insuring the Association and its Members for damage or injuryr?uised ?y th
Association or any of its Members, employees, agents, or contractors whi/ne'
and including coverage for non-owned automobile liability. If generally Viii-,
cost, the commercial general liability insurance shall have a limit of at least
occurrence with respect to bodily injury, personal injury, and property dams
(c) Workers compensation insurance and employers I
nmon Elements,
gligence of the
;ip- omits behalf
if and to the extent required by law;
liability insurance;
(d) Directors and officers' liability insurance or equivalent association
(e) Commercial crime insurance, including employee fidelity
insurance, in an amount determined by its best business judgment which shall not be less than
one-sixth of the annual Assessments on all Lots plus reserves on hand for employee fidelity
insurance. Such commercial crime insurance shall cover funds held by the Association's
Association to obtain coverage
The Association may elect to
rirv,of the Owners or if such

13
management company, unless such management company's insurance insures the Association
against crimes committed by or against such management company. Fidelity insurance policies
shall contain a waiver of all defenses based upon the exclusion of persons serving without
compensation;
(f) Such additional insurance, including but not limited to flood,
and hurricane insurance, as the. Board in its best business judgment determines
(g) The Association shall have no insurance responsibility for any
on of any Lot except as stated in paragraph 6.1(a).
- If the irisjitance described in subsection (a) of this Section is not reasonably
availabl' rlhc .A ?:?c ation,, promptly shall cause notice of that fact to be hand-delivered or sent
prepaid b JJnittd.States ail to all Owners.
6_2JA,ssociatitan Policy Requirements. Prior to the renewal of any insurance
policy, the Association Shall r ge lfor it w of the sufficiency of insurance coverage by one
or more qualified persons, atl east one-of must be familiar with insurable. replacement
costs in the Onslow Coun ; Nnrt'I a?olina?,,
Premiums for all insurance bn ttfe Co a.on dements shall be Common Expenses
and shall be included in an Assessmei? ?L>she event at nsura'ce costs increase during the
\\
fiscal year, the Board may levy an Assess4m ent for tliz Jcruse" costs pursuant to Section 10.3
herein, and such Assessments shall become offective dpon approval by the Board.
The policies may contain a reason abl ,dedl ctble a etermin dby the Board and
the amount thereof shall not be subtracted from the fac arpoun, of he olky in determining
whether the insurance at least equals the coverage. required hereu,n-er-.?'n ifhc? ent of an insured
loss, the deductible shall be treated as a Common Expense i\n\tb.e mp,manner as the premiums
for the applicable insurance coverage. However, if the Board reas6nably d erlines,, after notice
and an opportunity to be heard in accordance with the Bylaws, that the to S i3 -t ,q result.. of the
nebiigence or willful conduct of one or more Owners, their family membelrs, guests, inv)itee4, or
lessees, then the Board may assess the full amount of such deductible against s ch Owner(s`} and
their Lots in accordance with Section 10.5. i ( / /
(a) All insurance coverage obtained by the Board shall
(i) Be written with a company authorized to do business in the
State of North Carolina which satisfies the requirements of
the Federal National Mortgage Association or such other
secondary mortgage market agencies or federal agencies as
the Board requires;
14
k'dge LU V1 70)
(ii) Be written in the name of the Association as trustee for the
benefited parties. Policies on the Common Elements shall
be for the benefit of the Association and its Members;
(iii) Not be brought into contribution with insurance purchased
(ii) An endorsement requiring at least 30 days' prior written
notice to the Association of any cancellation, substantial
modification, or non-renewal;
A cross liability provision;
15
Book:'-'

(iv) A provision vesting the Board with exclusive authority to
adjust losses; provided, however, no Mortgagee having an
interest in such losses may be prohibited from participating
in the settlement negotiations, if any, related to the loss;
and
6.3 Owner's Insurance. By virtue of owning a Dwelling Unit upon a Lot, each
Owner coven4nts and agrees with all other Owners and with the Association to carry property
insurance Cc vermg risks of physical loss for both the Dwelling Unit and any other insurable
i4provet rnts,", the Lot for the full insurable replacement cost thereof, less a reasonable
ded,uctib` e, nless any Subsidiary Association having jurisdiction over such Owner's Dwelling
1 it a d,Lot es such insurance pursuant to any Supplemental Declaration or otherwise.
Such properfy insu arrce shall include windstorm and hail coverage, and, if full insurable
replacenent costia)tot reasonably available for such coverage, actual cash value may be
substitut nE?ch/6wnet stall, upon request from the Association, provide evidence of insurance
coverage to the,
Association, \
Each O+vner uiyEher venants and agrees that in the event of damage to or
/_J
destruction of the Dwellipg Unit or/any oth strktures on or comprising his or her Lot, he or
she shall proceed promptly o -ep r r to r 0 1 r-ucl: ii?a manner consistent with the original
construction or such other plans and spe -ifcat-io'ns (S ar approved in accordance with Article 11
of this Declaration. Alternatively; t ie Owner)shall a ]ear lTe-Lot of all debris and ruins and
maintain the Lot in a neat and attractiV?hndscape gndrt?n?onsistent with the Community-
Wide Standard. The Owner shall pay any o ts/?hicharee n t covered by insurance proceeds.
,,D 7 6.4 Loss Adjustment Re air cd Proceeds:-Wiih_respect to any loss covered
by the policy (or policies) of the Association, it shat. bea uste(d by 4ie A?ue'ion and matters
pertaining to the disbursement of proceeds of such ?.ce aad tier atc r replacement,
including termination of the Project, shall be governed by the p?isiops of
Chapter47F-3-113(d) and (g) of the Act.
Article 7. No Partition.
Except as permitted in this Declaration, the Common Elemefflu shall re3 in
undivided, and no Person shall bring any action for partition of the whole or ap.y paa`t t reof
without the written consent of all Owners and Mortgagees.
Article S. Permit: Transfer, Responsibilities and Covenants.
8.1 Transfer to and Acceptance by Association. Declarant shall, at its sole
cost and expense, initially construct all Stormwater Management Facilities required to be located
upon the Property or upon any property annexed into the Property by Declarant to the standards
required by the Permit. Upon completion of the initial construction of the Stormwater
Management Facilities, Declarant shall transfer the Permit and Declarant's responsibilities under
the Permit to the Association and the Association shall accept such transfer. Thereafter, upon
16
leage zz or 5u)
completion of the initial construction of the Stormwater Management Facilities required by the
applicable Permit for any additional property annexed by Declarant into the Property pursuant to
this Declaration, Declarant shall transfer the applicable Permit and Declarant's responsibilities
under the Permit applicable to the property annexed by Declarant into the Property to the
Ass ciation. The Association shall accept the transfer from Declarant of the applicable Permit
and res nsibilities under the Permit. Transfers of any such Permit shall occur on or about the
date the North Carolina Department of Environment and Natural Resources allows the transfer of
the Permit to(occur; or, a later date elected by the Declarant in Declarant's sole discretion.
i r to any such transfer of the Permit, the Stormwater Management Facilities
for sae Pr pe j including any property annexed by Declarant into the Property, shall be
cersif ed to/the.Ae?ation and the State of North Carolina, either by state inspection or by a
licensed enefneer, as 6ei-n in compliance with the applicable Permit prior to such assignment or
transfer. 7
Declarant harmlessl o any V s , cost, c
reasonable attorneys' fe .S, in ed bah
as the responsible party under the Pertttit
the Property from and aftertli'Ate Dec]
Permit. The Association shall indemnify
gyn. The Association shall indemnify and hold
fine, suit, damage or expense, including
in the defense of anv action against Declarant
? ermit applicable to any property annexed into
tders-trgtnsfer of its responsibilities under the
d e? larant harmless from any loss, cost, claim,
fee, fine suit, damage or expense, inelud g e?sonatne\a- erney ' fees, incurred by Declarant in
the defense of any action against Declart?s holder tlr_?i?eit from and after the date
Declarant tenders transfer of the Permit to he As?ociat on foCowing the approval of such
transfer by the North Carolina Department of 1.v irsanent and Natural Resources and the
certification of compliance as set forth above. Fur'drer, D! clan na t may. ?bring an action for
specific performance of the obligations of the Associ-a intt liursuaat o this echo) 8?.
8.3 Administration of Permit. From and after inr. transferr of? Declarant's
responsibilities under the Permit applicable to the property annexed-irrio the ropeity\and from
and after transfer of the Permit from Declarant to the Association, t?e overrsi htas-p?erviision,
management and administration of the Permit shall be the sole responsibii? of clre Ass?aciati
The Association's duties with respect. to the Permit shall be carried out in accordance v~ i?) tb?
terms and conditions of the Association Documents, and the Permit. ?) j
8.4 Easement for Upkeep and Enforcement. The Association herd I by Is
granted and conveyed an easement over, under and upon each Lot for the purpose of acces to
and Upkeep of all Stormwater Management Facilities and to enforce all requirements of the
Permit. In the event Declarant annexes additional property into the Property and transfers the
applicable Permit and Declarant's responsibilities under the Permit to the Association, the
Association shall have, and hereby is granted and conveyed, an easement over, under and upon
each annexed Lot for the purpose of access to and Upkeep of all Stormwater Management
Facilities located upon such additional property and to enforce all requirements of the Permit.
17
Book:27E?."
8.5 Permit Covenants. To ensure ongoing compliance with the Permit as
issued-by the Division of Water Quality under NCAC 2H. 1000 the following covenants and
restrictions are hereby imposed upon the Property:
(a) The maximum allowable built-upon area for each Lot is described
on (ErN?,it C attached hereto. The allotted amount includes any built-upon area constructed
within thelproperty boundaries of a Lot and that portion of the right-of-way between the front
Lot lin and h?e edge of the pavement of any street abutting such Lot. Built-upon area includes,
but i-s not lim?tedlo, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but
do not ine?ude-raised, open wood decking, or the water surface of swimming pools. Built-upon
area ire .cesXf the permitted amount above-stated will require a modification of the Permit.
L-(b) Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) asso fated w?;fh the development except for average driveway crossings is strictly prohibited
by any perr ns/ ( 7
will maintain a 30' wide vegetated buffer between all
impervious areas
water mark.
(d)
(e) Each &- e"'
Declarant, must submit a separate Stormw ter
Division of Water Quality and receive a M.
single-family residences are not required to su
application package.
at least 30' from the mean high
fidse oilnership is not retained by the
ne?- rniit application package to the
any,ponstruction on the lot. Individual,
?ayate stvrrr.?water Management Permit
(f) No alteration of the drainage\for the S ov watei-Management
Facilities designated in the Permit and shown on any accompanyi approved plans shall occur
without the prior written consent of the Division of Water Quality.(-
The State of North Carolina is made a beneficiary o the venanrs bov -staed
to the extent necessary to maintain compliance with the Permit, and such c'o ey ants run with the
Property and shall be binding on all Persons and parties claiming under them. The cyve?najnts s
forth in this Section 8.5 pertaining to stormwater management may not be altered, re`6nded, r
modified without the express written consent of the State of North Carolina, Divis>on of ?Water
Quality. _
8.6 Conservation Areas. In accordance with the United States Clean Water
Act, the areas shown on the recorded plat of the Property and any subsequent plats of the
Property, identified as conservation areas shall be maintained in perpetuity in their natural or
mitigated condition. No person or entity shall perform any of the following activities on such
conservation area:
18

gage [v or 5n)
(b) Cut, mow, burn, remove or harm any vegetation;
(a) Pill, grade, excavate or perform_ any other land disturbing
activities;
(c) Construct or place any roads, trails, walkways, buildings, mobile
y poles or towers, or any other permanent or temporary structures;
Drain or otherwise disrupt or alter the hydrology or drainage ways
Dump or store soil, trash or other waste;
Graze or water animals or use for any agricultural or horticultural
compliance with the-nii?
United States of Amerie
enforced by the United
binding on the Owners and all park
Section 8.6 may not be amended 'A
Corp of Engineers, Wilmington Di
in this Section 8.6 are intended to ensure continued
an;a' a-Clean Water Act authorization issued by the
p o '?ngineers, Wilmington District, and may be
)r o
ca. hs ?e\ nts run with the land and shall be
l,umin„ u?der_t. the covenants set forth in this
consent of the United States Army
(a) During the Development Period,
subject any Contiguous Property to the provisions of this Declar,
Declaration or otherwise shall be construed to require Declarant,
any Contiguous Property in any manner whatsoever.
(b) Declarant may transfer or assign this right to annex' p
provided that such transfer is memorialized in a written, recorded instrument eFyecu
Declarant and recorded in the Register of Deeds. Nothing in this Declaration sh?tlr
to require Declarant or any successor to annex or develop any Contiguous Property
(c) Such annexation shall be accomplished by filing a Supplemental
Declaration in the Register of Deeds describing the property to be annexed and specifically
subjecting it to the terms of this Declaration. Such Supplemental Declaration shall require the
consent of the owner of such property, if other than Declarant. Any such annexation shall be
effective upon the recording of such Supplemental Declaration in the Register of Deeds unless
otherwise provided therein.
19
irayc ?z ?? ???
9.2 Annexation With Approval of Membership. The Association or Declarant
may subject any Contiguous Property to the provisions of this Declaration with the consent of
the owner of such property, the affirmative vote of Owners representing 67% of the votes of the
Association represented at a meeting duly called for such purpose, and the consent of Declarant
duriM the Development Period.
Such annexation shall be accomplished by recording a Supplemental Declaration
tithe Regtste"f Deeds describing the property to be annexed and specifically subjecting it to
the terms of t is Declaration. Any such Supplemental Declaration shall be signed by the
Pr "ident of thee-Association, and by the owner of the annexed property. Any such annexation
shalt.,`be,effegive upon the recording unless otherwise provided therein.
?/ 9.3 Withdrawal of Property. Declarant reserves the right to amend this
Declaratt to wtthg, tfrrior otice and without the consent of any Person, for the purpose of
removing?o10e yy/f' en ?wned by Declarant, its affiliates, or the Association from the coverage
of this Declaration, to the,ext ne t oginally included in error or as a result of any changes in
Declarant's plans fI tllglprope:rt),.
9.4 Additibtial Co) tinantsi aM basements. Declarant may unilaterally subject
any portion of the Property'?Ubmi -,Ced t'o this ,laratton initially or by Supplemental
Declaration to additional covenants and e?sezrie:ats, nclu?d; ng covenants obligating the
Association to maintain and insure Bch ISrope%ty on h R-of ie Owners. Such additional
covenants and easements shall be set fo`ah-in a Su le metal Declaration filed either concurrent
with or after the annexation of the subject m1ope y and,hat t?quire the written consent of the
owner( s) of such property, if other than Decl ?
9.5 Amendment. This Article hail n t /amwit ?oawt the prior written
consent of Declarant during the Development Period.
9.6 Additional Members. Any property annex intrthek"'/2,sociation by the
provisions of this Declaration shall be subject to all conditions andtrivile s of the-Association
and Owners of any such annexed property shall be members of the Ass9e4 ton.
Article 10. Assessments. ?? /
10.1 Creation of Assessments. The Association shall levy assessmetts agairist
each Lot for Common Expenses as the Board may specifically authorize from time to\\time/
There shall be two (2) types of assessments for Association expenses: (a) Assessments to fund
Common Expenses for the general benefit of all Lots; and (b) Benefited Assessments as
described in Section 10.5. Each. Owner, by accepting a deed or entering into a recorded contract
of sale for any Lot within any portion of the Property is deemed to covenant and agree to pay
these assessments.
All assessments, together with interest from the due date of such assessment at a
rate determined by the Association (not to exceed the highest rate allowed by North Carolina
20
tIdytl In of nod
law), late charges, costs, including lien fees and administrative costs, and reasonable attorneys'
fees, shall be a charge and continuing lien upon each Lot against which the assessment is levied
until paid, as more particularly provided in Section 10.7. Each such assessment, together with
interest, late charges, costs, including lien fees and administrative costs, and reasonable
attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such
Lit a ate time the assessment was levied. Upon a transfer of title to a Lot, the grantee shall be
jointly and severally liable with the grantor for any assessments and other charges due at the time
of co I ya A No first Mortgagee which obtains title to a Lot by exercising the remedies
pro tided in?ts Mgrtpage shall be liable for unpaid assessments which accrued prior to such
All assessments shall be paid in such manner and by such dates as the Board may
estab ish nless tli $ card otherwise provides, an Assessment for each Lot shall be due and
payable in advance ach year on the first day of the fiscal year of the Association.
U he Asfi, fatiori shall, upon request by an Owner, furnish to any Owner a
certificate in wrttjn,a lsi ned by an officer o the Association setting forth whether assessments for
such Owner's Lot have?beer / , d an?l ar( delinquent amount. Such certificate shall be
conclusive evidence of p%ayment. T' Asscleta ti n may require the advance payment of a
reasonable processing fee for-t, issuance af_sui l ce cate.
No Owner may exempt },'imself or
non-use of Common Elements, aband-a n1,t of h
means. The obligation to pay assessments is a s?t/parz
each Owner. No diminution or abatement ofas,essrr
for any alleged failure of the Association or Board to
required of it or for inconvenience or discomfort aria:
action taken by it.
f'Cr-om liability for assessments, by
er, otnr Dwelling Unit, or any other
and /independent covenant on the part of
is fit' set-off shall be claimed or allowed
or perform some function
r i7,,,,vements or other
10.2 Declarant's Obligation for Assessmenl3--?rirg the T evelopment Period,
Declarant may annually elect either to pay (1) the annual Assessment attr}but ie- to 1 of its
unsold Lots or (ii) the shortage for such fiscal year. The "shortage" shah,b' t-t dlfere cc
between ( O \
(a) the amount of all income and revenue of any krnd re eived by the
Association, including but not limited to, assessments collected on all other Lots, u \ fees, /
advances made by Declarant, and income from all other sources, and
(b) the amount of all actual expenditures incurred by the Association
during the fiscal year, including any reserve contributions for such year, but excluding all non-
cash expenses such as depreciation or amortization, all expenditures and reserve contributions
for malting additional capital improvements or purchasing additional capital assets, and all
expenditures made from reserve funds. Calculation of the shortage shall be performed on a cash
basis of accounting. Unless Declarant otherwise notifies the Board in writing at least sixty (60)
21
P-1, - '-"

days before the beginning of each fiscal year, Declarant shall be deemed to have elected to
continue paying on the same basis as during the immediately preceding fiscal year. The Association is specifically authorized to enter into subsidy contracts or
contracts for "in hind" contribution of services, materials, or a combination of services and
matr 1?with Declarant or other entities for payment of Common Expenses. After termination
of,tne Dev?l,opment Period, Declarant shall pay assessments on its unsold Lots in the same
eras anv,_wther Owner.
1 Computation of Annual Assessment. Not less than sixty (60) days before
?e ti hnning pf each fiscal year, the Board shall prepare a budget covering the Common
Expenses ectim• to `t-o be, incurred during the coming year. The budget shall include a capital
contnbuTion establi3, reserve fund in accordance with a budget separately prepared as
provided its Section 1 .4, b t shall not include expenses incurred during the Development Period
for initial derelolimFnt, original construction, installation of infrastructure, original capital
r X. improvements, of oother original construction costs unless approved by Owners representing a
majority of the votes of the Ass6c} at o. and Declarant. In determining the budget, the Board, in
its discretion, may consider other soures f funds,available to the Association. In addition, the
Board shall take into acco r'__it t1 ?e num r of L?,s s?bject to assessment under Section 1:0.6 on the
first day of the fiscal year for t?triiii the budget is prepa ed and the number of Lots reasonably
anticipated to become subject to asiqessmer?t-duT1n1`g theIiscyal year.
Within thirty (30) days af`te -asoption_o?flany rop sed budget by the Board, the
Board shall provide to all Owners a summary of the budget and notice of a meeting to consider
ratification of the budget, including a statement--t-UttthebudQ eit may be ratified without a
quorum. The Board shall set a date for a meeting di the Oners cot nsider ratification of the
budget, such meeting to be held not less than ten (10) ;ro in re r rsix 6 ays after mailing
al be??ire ment that a
of the summary of the budget and notice of the meetingThere Ja
quorum be present at the meeting. The budget is ratified unless, at lat t ieetin& seventy-five
percent (75%) of all the Owners in the Association rejects the buzig&_4n the e4,epA he proposed
budget is rejected, the periodic budget last ratified by the Owners shall be s inti?iuesl until such
time as the Owners ratify a subsequent budget proposed by the Board.
The Assessment for the fiscal year shall be determined based upon the.. udaAe
?
adopted by the Board and ratified by the Owners. In addition to Assessments for-he ?liscal year
the Board may levy Assessments from time to time to cover unbudgeted expenses or 4"1; `s in
excess of those budgeted. Such Assessments shall be approved at a meeting of the Board,ar3d
shall become effective upon approval by the Board, unless disapproved by Declarant during the
Development Period. Such Assessments shall be payable in such manner and at such times as
determined by the Board and may be payable in installments extending beyond the fiscal year in
which such Assessment is approved. The amount of each Assessment shall be levied equally
against all Lots, subject to the provisions of Section 1.5.
10.4 Reserve Budget and Special Reserve Assessment. The Board shall
prepare, on an annual basis, reserve budgets for general purposes which take into account the

number and nature of replaceable assets, the expected life of each asset, and the expected repair
or replacement cost of each asset. Such reserve budgets may also anticipate making additional
capital improvements and purchasing additional capital assets. The Board shall include in the
Assessments reserve contributions in amounts sufficient to meet these projected needs, if any.
S The Board may adopt resolutions regarding the expenditure of reserve funds,
lciuding policies designating the nature of assets for which reserve funds may be expended.
uch p?]RtIes may differ for general Association purposes. During the Development Period,
eithef the A/?Iso6a\\tion nor the Board shall adopt, modify, limit or expand such policies without
sec( arant's prior uuitten consent.
10-5 Benefited Assessments. The Board may levy Benefited Assessments
ar Lot or expenses incurred or to be incurred by the Association, as follows:
1? (a) J to cover the costs, including overhead and administrative costs, of
Upkeep and regl?cemenq'of any u.mited Common Elements;
(b? over the ost , 'ncluding overhead and administrative costs, of
providing benefits, items,\oor p,e-ces?? the o or ccupants thereof upon request of the Owner
pursuant to a menu of speci ,-se Y-i-- )khich Braid\may from time to time authorize to be
offered to Owners (which might int;lude, with t imt' t'dn, Landscape maintenance, caretaker
service, etc.), which assessments maybe levie<ijin advance oLthe provision of the requested
benefit, item or service as a deposit ag-dia4 charges to"?e inc? e by the Owner; and
(c) to cover costs incur d in'bringi? g the Lot into compliance with
the terms of the Association Documents and the Ar11-6/r co?s Cineurmc: as a consequence of the
conduct of the Owner or occupants of the Lot, their family members, tenant vitees, or guests
provided, the Board shall give the Lot Owner prior 1 t en ? otic?arrd arl o po unity for a
C ?
hearing before levying a Benefited Assessment under this subsec,; (?4 -
10.6 Date of Commencement of Assessments. Thee obligation?lo }Yay
assessments shall commence as to each Lot on the first day of the mouth f U rtg a) t1le date
the Lot is made subject to this Declaration, or (b) the date the Board firs-0 erm-17s a budge
and levies assessments pursuant to this Article, whichever is later. The first,annual Assessments
against each Lot shall be adjusted according to the number of months remaininbvn th fiscaal yea
at the time assessments commence on the Lot. r-
10.7 Lien for Assessments. All assessments authorized in this Article slral
constitute a lien against the Lot against which they are levied, as provided in N.C. Gen.
Stat. § 47F-3-116, as amended, until paid unless othemise. specifically precluded in this
Declaration. The lien shall also secure payment of interest (subject to the limitations of North
Carolina law), late charges, and costs of collection (including attorneys' fees, lien fees and
administrative costs). Such lien shall be superior to all other liens, except (a) the liens of all
taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or
charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over
23
Book:27E_ :'_.
other Mortgages) made in good faith and for value. The Association may enforce such lien,
when any assessment or other charge is delinquent, by suit, judgment, and foreclosure.
The Association may bid for the Lot at the foreclosure sale and acquire, hold,
lease, mortgage, and convey the Lot. While a Lot is owned by the Association following
for re: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied
or, it'. and`(c) each other Lot shall be charged, in addition to its usual assessment, its equal pro
rata share?-of t be assessment that would have been charged such Lot had it not been acquired by
the Ats,ociati he, Association may sue for unpaid Common Expenses and costs without
forgclosing,or wain ing the lien securing the same.
1Tpie sale or transfer of any Lot shall not affect the assessment lien or relieve such
Lot flzfrri thelien forte, subsequent assessments. However, a Mortgagee holding a first
Mortgage of reco/0 or oth r purchaser of a Lot who obtains title pursuant to foreclosure of the
Mortgage?h?tiotoe per-onally liable for assessments on such Lot due prior to such acquisition
of title. Such ut?aid ay.;es-stn" e-n-1-s-shall be deemed to be Common Expenses collectible from
Owners of all Lots.sutpject to • ss-essment under Section 10.6, including such acquirer, its
successors and assigns.
10.8 Acceteron/ L any Z a °lrer?.an assessment or other charge is payable
in installments, upon a default by; uch Ow.,nerlinthe•t mel payment of any two (2) consecutive
installments, the maturity of the rernainirig total of trr+zn idinstallments of such assessment or
other charge may be accelerated, at the o do of the &o and the entire balance of the
assessment or other charge may be declid due,d`piyablep full by the service of such notice
to such effect upon the defaulting Owner.
10.9 Failure to Assess. Failure of`cbe ) o d to assessrom. amounts or rates
or to deliver or mail each Owner an assessment notice shall not e ee7era,waiyer,
modification, or a release of any Owner from the obligation to pay -,assessments. In such event,
each Owner shall continue to pay Assessments on the same 6`x:,,s-a? for the 1??t year for which an
assessment was made, if any, until a new assessment is made, at w-ich tim6 th6 Association may
retroactively assess any shortfalls in collections.
10.10 Exempt Property. The following property shall be exc-m`p[ fro payment %
of Assessments:
(a) all Common Elements; and ?
(b) all property dedicated to and accepted by any governmental
authority or Utility Company.

In addition, Declarant and/or the Association shall have the right, but not the
obligation, to grant exemptions to certain Persons qualifying for Section 501(c) status under the
Internal Revenue Code so long as such Persons own property subject to this Declaration for
Purposes listed in Section 501(c).
24
k-ye w UL Job
10.11 Initial Working Capital Fund. Upon the initial conveyance of a Lot by a
Builder or Declarant to an Owner other than a Builder, such Owner shall contribute at the closing
of said Lot an amount equal to one-sixth (1/61) of the annual Assessment levied for the current
fiscal year against such Lot, said sum to be paid to the Association. The sum is not an advance
payment of any installment of the annual Assessment, but shall be utilized to establish the initial
wJrtftg,capital fund for the Association. Such sum may also be utilized to reimburse Declarant
ost of any premiums or insurance policies purchased for the benefit of the Association
ll. Architectural and Desi n Standards.
11 ;-> General. No improvements (including staking, clearing, excavation,
gra iI d and.&her site-work), exterior alteration of existing improvements (including painting),
placement or po]stin? of ar y object or thing on the exterior of any Lot, Dwelling Unit, other
structure or AheC mmot?/Elements e.a., signs, antennae, clotheslines, playground equipment,
temporarily or permanently to t N.ed basketball goals, pools, propane tanks, lighting, temporary
structures, and a\riificial vegetaiin),lanti o or removal of Landscaping, or installation or
removal of an irrigatio z syst?m,sha 1 take place xcept in compliance with this Article, this
Declaration, including geese Res pions, a d tte Design Guidelines and with the approval of
the appropriate committee urruzi Sec ton 112. ? ?
Any Owner may remodel, aint ?r redelc rat ?. interior of structures, including
the Dwelling Unit on his or her Lot, w : oat approvaaL Bo e"e modification of the exterior
and modifications to the interior of screened por hes, patios, and similar portions of a Lot visible
from other Lots, Dwelling Units, Common 01-m??nts'or str?eis (public or private) within the
Property shall be subject to this Article and apprdyal as set forth eb lo, .
This Article shall not apply to the activitie of 6eclfir?anni , to_,improvements to
the Common Elements by or on behalf of the Association.\ ?
This Article may not be amended during the DevetEi,?ment/neribd
Declarant's written consent so long as Declarant owns any portion oTIh?ropsrv;
Property. \
11.2 Architectural and Design Review.
(a) New Construction. Declarant shall have exclusive authpritySto
administer and enforce architectural standards under this Article and to review and act upon all
applications for original construction within the Property. There shall be no surrender of this
right except in a written instrument in recordable form executed by Declarant. Upon the
expiration or surrender of such right, the Board may, at its option, either create and appoint an
Architectural Committee ("AC") or assign such duties to the MC (as defined below). The AC, if
established, shall consist of at least three (3), but not more than five (5), Persons who shall serve
and may be removed in the Board's discretion. The AC shall have no rights or authority until
Declarant's authority under this Article is surrendered.
25
Book: 27
(b) Modifications. The Board shall establish a Modifications
Committee ("MC") which shall consist of at least three (3), but not more than five (5), Persons
who shall be appointed and shall serve at the discretion of the Board. The MC shall have
exclusive jurisdiction over modifications, additions, or alterations made on or to existing
structures on Lots or containing Dwelling Units and the adjacent open space. Declarants hall
h$ ee nght to disapprove any action taken by the MC which Declarant determines, in its sole
discretioto be inconsistent with the Design Guidelines. (For purposes of this Article,
tvicwinO-B dv" shall refer to either Declarant, the MC, or the AC, as appropriate under the
(c) Fees. The Reviewing Body may establish and charge reasonable
-fees for re i???plicanons hereunder and may require such fees to be paid in full prior to
review of any applr anon. Such fees may include the reasonable costs incurred in having any
application reviewed by rchitects, engineers or other professionals. Declarant and the
Assoc iatlon mamploarchitects, engineers, or other persons as deemed necessary to perform
the review. The Boaf fliay lnclnclrAe the compensation of such persons in the Association's
annual operatin?bw(f get as a,Coi mon Expense.
(4 ?'Secury . Tlie 1Redaewing Body may also require posting of
security by any Owner, or sud?wn is contr otor o uilder to be utilized for the payment of
any fines and cost of any enforc?m`ent in: acclw- aWe with Section 11.8 herein, or the repair of
any damage to any Common Elements 6r pr vidi? l?pk-eep ff such Common Elements in
excess of normal Upkeep as may ocur)d thgg. ?ca?-truio ?of any permitted improvements
within the Property. The amount and typeof se??urity) as required by the Reviewing Body, may
be changed from time to time and does not neceZarfiy hayto be consistent as to all Owners,
contractors or builders.
11.3 Guidelines and Procedures. Decla{ants all. pr ?n Guidelines
which shall apply to all construction activities within the P ppert?, exc pt as provided in
Section 11.1. Declarant shall have sole and full authority to atnefi e Desi gnruidelines during
the Development Period. Thereafter, the AC, or if the AC is not established,[[Lh-e-)6,,shall have
the authority to amend the Design Guidelines subject to ratification by tiie Owneras I escr?;ec
herein. Within thirty (30) days after the adoption of any amended Desigi Gupd lines 'ry th? AC
or the MC, the AC or the MC shall provide a copy or summary of the amen Design /
Guidelines to all Owners, and shall set a date and give notice for a meeting of lhewnecs toy
consider ratification of the amended Design Guidelines, with such notice to include(a`stateinent
that the amended Design Guidelines may be ratified without a quorum. The date of the-meeting
of the Owners to consider ratification of the amended Design Guidelines shall be not less than
ten (10) nor more than sixty (60) days after the mailing of the copy or summary and notice.
There shall be no requirement that a quorum be present at the meeting. The amended Design
Guidelines are ratified unless at the meeting a majority of all the Owners of the Association
reject the amended Design Guidelines. In the event the proposed amended Design Guidelines
are rejected, the Design Guidelines immediately prior to the amendment shall be continued.
26
7-1h: -
keage SL or b6)
The Design Guidelines may contain genera] provisions applicable to all of the
Property, as well as specific provisions which vary from one portion of the Property to another
depending upon the location, unique characteristics, intended use, and any other applicable
zoning ordinances. The Design Guidelines are intended to provide guidance to Owners
rega djng matters of particular concern in considering applications hereunder. The Design
Gu}deli es are not the exclusive basis for decisions of the Reviewing Body and compliance with
kte Des?gn, Guidelines does not guarantee approval of any application.
luny amendments to the Design Guidelines shall apply to construction and
m9dificati ns commenced after the date of such amendment only and shall not apply to require
moti' icaU ns/to or removal of structures previously approved once the approved construction or
dification h s co menced. There shall be no limitation on the scope of amendments to the
Deszan Guidelines; L e rant or, upon its formation, the AC, or the MC, is expressly authorized
to amend?e Des-i?kuid?tines to remove requirements previously imposed or otherwise to
make the D' ,.!g Guidelines less restrictive.
The wo'ciation qE
builders) and contractors wh eel
and all such Persons shah,,zonduct
Declarant's discretion, such Dc sly
which event the recorded version,,
control in the event of any dispute
any particular time.
All structures and improvements-srtrot .' cted upon
strict compliance with the Design Guidelines in effect at tlfe/tiir
improvements are submitted to and approved by the gv?e?ving
Body has granted a variance in writing pursuant to Sectior11.6
has acted in good faith, its findings and conclusions with respec
applicability of or compliance with the Design Guidelines and-.
make the Design Guidelines available to Owners (including
to)en age in-development or construction within the Property
?s ??n accordance with such Design Guidelines. In
h&i'r acti ?Jc
GtiidelinTtay e
beb recorded in the Register of Deeds, in
5 it may u later ?11 b amended from time to time, shall
-moo -- hersioh of ie-Design Guidelines was in effect at
11.4 Submission of Plans and Specifications.
a Lot shall be constructed in
thelans for such
y, bnlqs the Reviewing
lo,?-as--the-fieviewing Body
app priatetness of,
-cIaration sliall be final.
(a) No activities within the scope of Section 1 1.1 shall commence on
any Lot until an application for approval of the proposed work has been submitted j_o)an.d
approved by the Reviewing Body. Such application shall be in the form required by he
Reviewing Body and shall include plans and specifications ("Plans") showing site layout.
structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage,
lighting, irrigation, utility facilities layout and screening therefore and other features of proposed
construction, as applicable. The Design Guidelines shall set forth the procedure and any
additional information for submission of the Plans.
(b) In reviewing each submission, the Reviewing Body may consider
quality of workmanship and design, visual and environmental impact, ecological compatibility,
natural platforms and finish grade elevation, harmony of external design with surrounding
27
P-1--'779^ '

structures and environment, and location in relation to surrounding structures and plant life. The
Reviewing Body may require relocation of native plants within the construction site or the
installation of an irrigation system for the landscaping including the natural plant life on the Lot
as a condition of approval of any submission.
The Reviewing Body shall, within the period specified in the Design Guidelines,
advise the,?arty submitting the same, in writing, at an address specified by such party at the time
4f submission of (i) the approval of Plans, or (ii) the segments or features of the Plans which are
deerntd by such 2, mmittee to be inconsistent or not in conformity with this Declaration and/or
the Design uia,' r,s, the reasons for such finding, and suggestions for the curing of such
abj tio;s' Ir./the event the Reviewing Body fails to advise the submitting party by written
nnatic? within "e p?-Hod specified in the Design Guidelines of either the approval or disapproval
and suggestions for curing the objections of the committee of the Plans, approval shall be
deemed t??iave b give .Notice shall be deemed to have been given at the time the envelope
containing 3aaNch no?,ice, pr perly addressed, and postage prepaid, is deposited with the U.S.
Postal Service, rregisteredror certified mail, return receipt requested. Personal delivery of such
written notice sha1, h never, b?uf?;cient ad shall be deemed to have been given at the time of
delivery to the submitting paftyl
(c) --1r,-;m'str/iction?
have been approved within 60 days f such-ap
and it shall be necessary for the Oer td?resu
reconsideration provided that the Revlo° g?
of the approval at the time the approval is gr
for which plans have been approved within th(
approval, such approval shall be deemed with(
deemed to be in violation of this Article.
commence on a project for which Plans
-Fuclapproval shall be deemed withdrawn,
ela?? to the Reviewing Body for
a??q,g_raflt a,Dnger time period for expiration
cnst ration is not completed on a project
tset foi li in the Design Guidelines or in the
and 511 incomplete construction shall be
n. )(-?
11.5 No Waiver of Future Approvals. Eaeh Owner ac nowledges that the
members of the AC and the MC will change from time to time nd that interpretation,
application and enforcement of the. Design Guidelines may vary ac6ordingly. An?rs??al of
proposals, plans and specifications, or drawings for any work done or`pro}??iser ;m con
with any other matter requiring approval, shall not be deemed to constitute,? w er ofJhe
to withhold approval as to any similar proposals, plans and specifications, dr'ww ngs, of
matters subsequently or additionally submitted for approval.>?
11.6 Variances. The Reviewing Body may authorize variances in wrirtinYrom
its guidelines and procedures, but only: (a) in accordance with duly adopted rules and
regulations, (b) when unique circumstances dictate such as unusual topography, natural
obstructions, hardship or aesthetic or environmental considerations, and (c) when construction in
accordance with the variance would be consistent with the purposes of the Declaration and
compatible with existing and anticipated uses of adjoining properties. Inability to obtain, or the
terms of, any governmental approval, or the terms of any financing shall not be considered a
hardship warranting a variance. Notwithstanding the above, the MC may not authorize variances
28
gage 54 of bd)
without the written consent of Declarant during the Development Period, and the AC, if
established.
11.7 Limitation of Liability. Review and approval of any application pursuant
to this Article is made on the basis of aesthetic considerations only and neither Declarant., the
Aso tion, the Board, the AC or the MC shall bear any responsibility for ensuring the structural
T.tegrity Or soundness of approved construction or modifications, nor for ensuring compliance
with buildin--codes and other governmental requirements. Neither Declarant, the Association,
theoard, thor the MC, or any member of any of the foregoing shall be held liable for any
inj ry, da ° ges;-t?r>>> loss arising out of the manner or quality of approved construction on or
mo?ificatons/o any Lot. In all matters, the AC and the MC and their members shall be
d ended ,did i,. dem jified by the Association as provided in the Bylaws.
14/8 ) Enforcement. Any construction, alteration or other work done. in violation
of this Articlr,# the Design Guidelines shall be deemed to be nonconforming. Upon written
request from D larant,?tte AC the MC, or the Board, Owners shall, at their own cost and
expense and with[ ?? su h reasanaple Mime fy-ime as set forth in such written notice, cure such
nonconformance to the 6isoct on of h re ue ter or restore the property, Lot and/or Dwelling
Unit to substantially die me condition as cli ted; prior to the nonconforming work. Should an
Owner fail to remove and restore s required?aeclarant;, the Association or their designees shall
have the right to enter the propert? remove"*fkol 1 n, nd restore the property to
substantially the same condition as previously ixiste ?Ak cons, together with the interest at the
maximum rate then allowed by law, Ina) -eassesse_d =ris?< h-benefited Lot and collected as a
Benefited Assessment unless otherwise prohibited in ttz Deaclaration.
All approvals granted hereunder sH 1 be degJJ??'ed co td? oned upon completion of
all elements of the approved work and all work previ-u?y(appr e with r(- pact to the same
Lot, unless approval to modify any application has been obtain it 1. ear t that any Person
fails to commence and diligently pursue to completion all approv\ed wor, Declarant or the
Association shall be authorized, after notice to the Owner of the and anppu?nity to be
heard in accordance with the Bylaws, to enter upon the Lot and remove or/corripl"t aa.v
incomplete work and to assess all costs incurred against the Lot and the,Owner t er?of as a
Benefited Assessment unless otherwise prohibited in this Declaration. /
All acts by any contractor, subcontractor, agent, employee, or in itt?a'''n Owne
shall be deemed as an act done by or on behalf of such Owner. Any contractor, subeontractoi,
agent, employee, or other invitee of an Owner who fails to comply with the terms and prsions
of this Article and the Design Guidelines may be excluded from the Property, subject to the
notice and hearing procedures contained in the Declaration. In such event, neither Declarant, the
Association, its officers, or directors shall be held liable to any Person for exercising the rights
granted by this section.
In addition to the foregoing, the Association and Declarant shall have the
authority and standing to pursue all legal and equitable remedies available to enforce the
provisions of this Article and the decisions of the Reviewing Body.
29
RnnY•?i' . - _

Article 12. Plan of Development and Use Restrictions.
1'I.1 Plan of Development: Applicabiliy: Effect. Declarant has established a
general plan of development and occupancy for the Property under this Declaration in order to
protect all Owners' quality of life and collective interests, the aesthetic and environment quality
wit in die Property, and the vitality of and sense of community within the Property, all subject to
the Board ?a and the Members' ability to respond to changes in circumstances, conditions, needs,
and desires witAin the community.
i he' Propert y is subject to Design Guidelines as set forth in Article 1 i and other
res rickio s ba erning land development, architectural and design control, individual conduct and
us s of or a6ti ns up n the Property. This Declaration, including the Initial Use Restrictions
attached-h'erpto as ExIiibit "B," and the rules and resolutions adopted by the Board or the
Members estabIi? a firm ;tive and negative covenants, easements, and restrictions on the
Property. f
Ali prole :,ions ?afihis'Peclaration and any rules shall apply to all Owners, their
contractors, family mmbers,pccup'lant to nts, guests and invitees of any Lot.
12.2
(a) Subject to ?e terms of?this?Alicclle and in accordance with its duty
of care and undivided loyalty to the Ass?a.,iat:?6n and Membe7, the Board may adopt rules not
inconsistent with the Use Restrictions set forth in,Secti m -i4-hereof, and other such rules and
regulations permitted by, and not inconsistent the Act, 'ncluding such rules and regulations
relating to the use of, and parking and traffic, on public and'priva-e-streets located within the
Property. ?-\
(b) The Owners, at a meeting du ,y called f uch p4rppose, may adopt
rules which modify, cancel, limit, create exceptions to, adopced-ru- 's by a vot,2of Owners
representing 6710 of the total vote and the approval of Declarant dt ring the./De,e16lent Period.
(c) The Board shall send a copy of the rule toe Ch OrN?`er sp'Cify)
the effective date of such rule within a reasonable period of time, as detelnezby the/Board
prior to the effective date of the rule.. The Association shall provide, without cl sta?cop'y of
rules then in effect to any requesting Member or Mortgagee.
(d) Nothing in this Article shall authorize the Board or the Oie,r'rs to
modify, repeal or expand the Declaration, the Bylaws, the Articles, or the Design Guidelines.
Such documents may be amended as provided therein.
12.3 Owners' Acknowledument. All Owners are subject to the Use Restrictions
and are given notice that (a) their ability to use their privately owned property is limited thereby,
and (b) the Board and/or the Owners may adopt, delete, modify, create exceptions to, or amend
the rules.
30
'.CG1- ....
(Page 36 of 58)
Each Owner by acceptance- of a deed acknowledges andagrees that the use and
enjoyment and marketability of his or her property can be affected by this provision and that the
Use Restrictions and rules may change from time to time.
12.4 Use Restrictions. The property described in Exhibit "A" shalt be used
r residential, recreational, and related purposes (which may include, without limitation,
f?any property manager retained by the Association or business offices for Declarant or
ocratir_consistent with this Declaration and any Supplemental Declaration), subject to
ble laws. ?ny Supplemental Declaration or additional covenants imposed on property
d inl?the-Property may provide for different uses (i.e. commercial uses) and impose
¢s'and restrictions other than those contained in this Declaration and the Association shall
rri?drng W tfrq power to enforce such standards and restrictions.
??%5) Rights of Owners. Except as maybe specifically set forth in the Use
RestrictiortS Secticr/n I- neither the Board nor the Owners may adopt any rule in violation of
the following p; ,6-v' E - ual rewrne
n similarly situated Owners and occupants shall
be treated simila
(b) F1ag,s/Snee(
their Lots flags, political signs, sits and'
of residences located in single-family rei
shall not be abridged; provided, however,
manner of display restrictions regulating 1
visible from outside the Lots.
C'hd rights of Owners and occupants to display on
oIs o tiff k?ndc,normally displayed in or outside
ral neighborhood'sin individually owned property
Board may apt reasonable time, place, size and
political sign signs and symbols which are
(c) Religious and Holiday Displays. Th?rigritsi-of QN6ers and
occupants to display religious and holiday signs, symbols, a?pd decorafio?s oeJieir Lots of the
kinds normally displayed in residences located in residential o hoods shall not be
abridged, except that the Association may adopt reasonable time, place, 7ad manner ..strictions
regulating displays which are visible from outside the Lot. ?,
(d) Household Composition. No rule shall interforIwith tbL freedom
of occupants of Dwelling Units to determine the composition of their household.,, ex?r-eept'that the
Association shall have the power to require that all occupants be members of a singly /
housekeeping unit and to limit the total number of occupants permitted in each DwelIin,q? Ubit on
the basis of the size and facilities of the Dwelling Unit and its fair share use of the Common
Elements.
(e) Activities Within Dwelling Units. No rule shall interfere with the
activities carried on within the confines of Dwelling Units, except that the Association may
prohibit activities not normally associated with property restricted to residential use, and it may
restrict or prohibit any activities that create monetary costs for the Association or other Owners.
that create a danger to the health or safety of occupants of other Dwelling Units, that generate
31
excessive noise or traffic, that create unsightly conditions visible outside the Dwelling Unit, or
that create an unreasonable source of annoyance. - -
(f) Allocation of Burdens and Benefits. The initial allocation of
financial burdens and rights to use Common Elements among the various Lots shall not be
cha ged too the detriment of any Owner over that Owner's objection expressed in writing to the
As'sociatio`n. Nothing in this provision shall prevent the Association from changing the use of
'the Common ements as provided in Section 4.7, from adopting generally applicable rules for
use of Coml?ements, or from denying use privileges to those who abuse the Common
El ,ments, y4olaEe-Tules or this Declaration, or fail to pay assessments. This provision does not
affe- the rigl f(to_increase the amount of assessments as provided in Article 10.
Rights to Develop. No rule or action by the Association or Board
shall impede Dec ara ht's right to develop the Property, including, but not limited to, the rights of
Declarant ?`sqe (foA in Article 15.
mil/ Abridgi ng Existing Rights. Any rule which would require Owners
to dispose of personal propegy t g Te (on the `Property shall apply prospectively only and
shall not require the removal of any prropert y? hic'11 was being kept on the Property prior to the
adoption of such rule and ui?h N-11 come'n all rules in force at such time unless
otherwise required to be removed(by law.??/? (1 I,
The limitations in this St fiisr--?'12.5 sha4l a0ly to4ules only; they shall not apply
to amendments to this Declaration adoptedJn acc rdanc e wii ection 16.2(b).
Article 13. Easements.
13.1 Easements of Encroachment. Ducinfg the(De' elo?m6t P(P-?riod, Declarant
reserves unto itself, easements of encroachment, and for Upkeep, ,n?-8 of , ? permitted
encroachment, between each Lot and any adjacent Common E'.ement /and between adjacent Lots
due to the unintentional placement or settling or shifting of the improvemen s co-n4ructed,
reconstructed, or altered thereon (in accordance with this Declaration) to .di-stance of not mores
than three (3) feet, as measured from any point on the common boundary 4lonuline
perpendicular to such boundary. /
132 Easements for Utilities, Etc. Declarant reserves unto itself, and-4rants,to
the Association perpetual easements for the purpose of access and Upkeep upon, across" ore ,
and under all of the. Property to the extent reasonably necessary to install and provide Upl.-eep for
cable television systems, master television antenna systems, security and similar systems, roads,
walkways, bicycle pathways, trails, lakes, ponds, wetlands, drainage systems, street lights,
signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas,
and electricity. Declarant and/or the Association may assign these easements and rights to any
Utility Company, security company or other company providing a service or utility to Sterling.
Farms subject to the limitations herein.
32
?raye ao ?i ?a/
This easement shall not entitle the holders to construct or install any of the
foregoing systems, facilities, or utilities over, under or through any existing Dwelling Unit on a
Lot, and any damage to a Lot resulting from the exercise of this easement shall promptly be
repaired by, and at the expense of, the Person exercising the easement. The exercise of this
easement shall not unreasonably interfere with the use of any Lot and, except in an emergency,
entyry'gto any Lot shall be made only after reasonable notice to the Owner or occupant.
' Declarant specifically grants to the utility suppliers easements across the Property
for?tgress, installation, reading, and providing Upkeep of meters and boxes. However,
thI exercise'o? i, easement shall not extend to permitting entry into the Dwelling Unit on any
Lot nor a4- any utilities be installed or relocated on the Property, except as approved by the
and or 'clarang
Eac!9wn may be required to pay an initial payment and/or a continuing
monthly payrmght f6r utili- ies or other services, including, but not limited to, water service, sewer
service, and impact fees; connec n fees or other fees imposed by any entity furnishing water,
sewer or other utiRtie??°the Ln the alternative, the Declarant may collect such connection,
impact and other fees a d ch?ar es diy ec ]y f?-ro r the Owners. All Owners are required, for
p died by the Utility Company servicing the
household purposes, to use w-aler and O ver sup
Project. Separate water sy?e;or outside rrrgatnon ad other outdoor uses shall not be
permitted without the consent of teAC.
13.3 Easements to S'ep=e-Contiguous; Proierty. Declarant hereby reserves for
itself and its duly authorized agents, repre's\ntatives, employ s, successors, assigns, licensees,
and Mortgagees, a perpetual easement over ft?e L?tsd thtommon Elements for the purposes
of enjoyment, use, access, and development of any Contiguous ripgrty whether or not such
property is made subject to this Declaration. This eas urea incl es, out is-not limited to, a right
of ingress and egress over the Common Elements for cons ructi n f rsland?r connecting
and installing utilities on such property. Declarant agrees that it ,mod its )successors or assigns
shall be responsible for any damage caused to the Common 0ernents as a r?sult of vehicular
traffic connected with development of such property. Declarant further agrees(tha iS-,the
easement is exercised for permanent access to such property and such'prc' e y or ally pprti n
thereof is not made subject to this Declaration, Declarant, its successors okassig s sha7 enter
into a reasonable agreement with the Association to share the. cost of maintenance ofjdny, cess/
roadway serving such property.
13.4 Development and Other Easements. Declarant specifically reser.v es(all of
the easements identified as being so reserved in this Declaration including, but not limited to,
those set forth in Article 15.
13.5 Easements for Cross-Drainage. Every Lot and the. Common Elements
shall be burdened with easements for natural drainage of stormwater runoff from other portions
of the Property; provided, no Person shall alter the natural drainage on any Lot to increase
materially the drainage of stormwater onto adjacent portions of the Property without the consent
of the Owner(s) of the affected property and the Board.
33
TI-1- - 97
13.6 Right of Entry. The Association shalt have the right, but not the
-obligation, and a perpetual easement i? hereby granted to the Association, to enter all portions of
the Property, including each Lot, for emergency, security, and safety reasons. Such right may be
exercised by the authorized agents of the. Association, its Board, officers or committees, and by
all police officers, fire fighters, ambulance personnel, and similar emergency personnel in the
perrfarm: nice of their duties. Except in emergencies, entry onto a Lot shall be only during
r - sonar hours and after notice to and permission from the Owner thereof. This easement
includes the ?iaht to enter any Lot to cure any condition which increases the risk of fire or other
haz d if an Pw- fails or refuses to cure the condition within a reasonable time after request by
th B=,e 'ut does not authorize entry into any Dwelling Unit without permission of the Owner,
e x c gen?cy personnel acting in their official capacities.
?/13.7 ` -asements for Maintenance and Enforcement. Authorized agents of the
Associatit hall/ a?e the)right, and a perpetual easement is hereby granted to the Association,
to enter all rtio. of th Pro e\rty, including each Lot to (a) perform its Upkeep responsibilities
under Article 5, and (b,) rrake inspections to ensure compliance with the Association Documents.
Except in emergenentry , nt a of sha-I ee only during reasonable hours and after notice to
and permission from th Ow?er/ Thi, se. }?nt shall be exercised with a minimum of
interference to the quiet er?goy\ e?b wneYst prdperty, and any damage shall be repaired by the
Association at its expense.
The Association alsd,;qnay',ente- a Lot?d,a1 ?or remove, using such measures as
may be reasonably necessary, any strucn e, thsng co"W ' ? hich violates the Declaration,
any Supplemental Declaration, the Bylaws; the D'esign/?iuidlines, or the rules. All costs
incurred, including reasonable attorneys' fees, hJ .4 assessed against the violator as a
Benefited Assessment. /
The Property is hereby burdened with perp tual, Cr?ex ,?sti?: ea ements in favor
of the Association for overspray of water from any irrigation,syscer? serN'ing tt Common
f any Common Elements.
Elements. The Association may use treated effluent in the irriga'c"in Noa
Linder no circumstances shall the Association be held liable for anm
age or ittiur ,exulting
from such overspray or the exercise of this easement. J?
13.8
W
Declarant hereby reserves for itself and its designees all rights to ground water ',&urfz?e/vvater.
water within ponds, lakes, rivers, streams and wetlands located with the. Property, storm wa r
runoff, and effluent located or produced within the Property, and each Owner agrees, byc,
acceptance of a deed to a Lot, that Declarant shall retain all such rights. Such right shall include
perpetual easements over the Property for access, and for installation and maintenance of
facilities and equipment to capture and transport such water, runoff and effluent.
34

k,.Y 4V QL .70)
Article 14. Mortgage Provisions.
The following provisions are for the benefit of holders, insurers and guarantors of
first Mortgages on Lots in the Property. The provisions of this Article apply to both this.
Declaration and to the Bylaws, notwithstanding any other provisions contained therein.
1411 Notices of Action. An institutional holder, insurer, or guarantor of a first
;? which provides written request to the Association (such request to state the name and
of suf h hc lder, insurer, or guarantor and the street address of the Lot to which its
;e relate&,Ahereby becoming an "Eligible Holder"), will be entitled to timely written
?-(a) Any condemnation loss or any casualty loss which affects a
material portion of t7ie Prperty or which affects any Lot on which there is a first Mortgage held,
insured, or\buar?nteed by -uch Eligible Holder;
by a Lot subject to the \
ort gf
Z
for a period of ninety (90A4ays, or ,
such Lot or the Owner or OcetTant
this provision, any holder of a firs\
.Association of any default in the pe
Declaration or Bylaws which is not
nquency in the payment of assessments or charges owed
h,E igr Holder, where such delinquency has continued
tOthe iol .lion of the Declaration or Bylaws relating to
ich is n t -dared within ninety (90) days. Notwithstanding
rtgag".i ntit, Ft?written notice upon request from the
-rr ance`by an 1IQ n ,r ova Lot of any obligation under the
in
(c) Any lapse,
policy maintained by the Association.
14.2 No Priority. No provision of this'
be construed as giving any Owner or other party priority
any Lot in the case of distribution to such Owner of insu
ed t?
ring such
r the
all
da, ?s: or
modification of any insurance
or)he %4a?s gives or shall
,tts- of ti's first Mortgagee of
:dor condemnation awards
for losses to or a taking of the Common Elements.
O ?Sbliga?
14.3 Notice to Association. Upon request, each wrier all be
furnish to the Association the name and address of the holder of any Mor-t?age{encum e
Owner's Lot.
?
Article 15. Declarant's Rights.
?
15.1 Declarant's Rights. Declarant's Rights are those rights reserved fo
benefit of Declarant as provided for in the Act and the Association Documents which sh
include, without limitation, the following rights:
(a) To complete improvements on the Property,
35
Book:27E

(b) To maintain models, management offices, construction offices,
sales offices, customer service offices, and signs advertising the Property,
(c) Those rights set forth in Article 9 of this Declaration;
S? (d) To designate any portion of the Property as Common Elements or
ignited Common Elements;
\ (e.) To exercise all rights of architectural review and establishment of
an Guidelines and all other rights as set forth in Article 11 of this Declaration;
(f) To construct improvements within portions of the Property and to
operate-, e same as pu4ic or private facilities in the sole discretion of Declarant;
(g)) To disapprove actions of the Board or any committee during the
Development e\; J
(} disapr?ve an , amendrnent or change in any Association
Documents during the D veloMent od;^ d?
(1) To ea?f&ce anyy oyenapts, restrictions and other provisions of the
Association Documents during the Devel?pmpt Pet? dd.
(j) To amend tlps Decl" ,W. forth in Section 17.2(x).
152 Transfer of Declarant's RA-Vk Any r all of Declarant's Rights and
obligations of Declarant set forth in this Declarati?? or tl?e Bylaws may be transferred to other
Persons, provided that the transfer shall neither reduc-a,?r obligafftjo noY en arge a right. No such
transfer shall be effective unless it is in a written instrument sigr?edI -red ant-4and duly
recorded in the Register of Deeds.
15.3 Modification of Development Plan. Each Owner, by ac?epu g"title to a
Lot and becoming an Owner, and each other Person, by acquiring anyxhnt?}'est inch Prdpert
acknowledges awareness that Sterling Farms is a planned community, the?evdo?merr of At?ich
is likely to extend over many years, and agrees not to protest or other-wise obj t to (a) zo4ng or
changes in zoning or to uses of, or changes in density of, the Property, or (b) charrg°p any i
conceptual or master plan for the Property, such revision is or would be lawful (including,t
not limited to, lawful by special use permit, variance or the like) and is not Inconsistent with
what is permitted by the Declaration (as amended from time to time).
15.4 Development Easements. Declarant, its employees, agents and designees,
specifically reserve a non-exclusive easement over, upon, under and above the Common
Elements and other portions of the Property (expressly excluding a Dwelling Unit) for any all
purposes deemed reasonably necessary or desirable by Declarant for the development of the
Property, any Contiguous Property including, but not limited to, easements of access, the
36
kedge 4z oz oaf
P
installation and maintenance of utilities and easements as may be required from time to time by
any governmental agency or pursuant to the Permit. Declarant and its employees, agents and
designees shall also have a right and easement over and upon all of the Common Elements for
the purpose of making, constructing, installing, modifying, expanding, replacing, and removing
such improvements to the Common Elements as it deems appropriate in its sole discretion.
j \ 15.5
Declarant owt;s-an,
may?j aintain?/and e
suc? facilities a d
conv;nient, or'mp-ilc
bnsimess off"rce?, si;
and its deli pees sl
designee'silatex
not be exclu, vegan
Owners unless logs
of reasonable rent.
Marketing and Sales. During the Development Period or so long as
portion of the Property or Contiguous Property, Declarant and its designees
rrry on upon the Common Elements and any property owned by Declarant
:.tivities as, in the sole opinion of Declarant, may be reasonably required,
ental to the construction or sale of such Lots, including, but not limited to,
ri?, model units, sales offices, and storage of building materials. Declarant
all firma e easements for access to and use of such facilities. Deciarant's or any
)ght t? use the Common Elements for purposes stated in this section shall
i shall/not unreasonably interfere with use of such Common Elements by
:d piirsua t oo a-lease agreement with the Association providing for payment
15.6 Deejg
Development Period the As
adopt any policy, rule or pr(
t t A rctval toges in Association Documents. During the
PP
atin,,;hall not, Wirjio? ui t}ae prior written approval of Declarant,
that:
(a) Limits th-acee's of ecl-avin? its . uccessors, assigns and/or
affiliates or their personnel and/or guests, Audi{?'g visitors the Common Elements of the
Association or to any property owned by any o>F
(b) Limits or prevents Decd rantq its su - ssors, ?ssrgns and/or
affiliates or their personnel from advertising, marketing or Y sing?h7 s "? anon'r its Common
Elements or any property owned by any of them in promotional materials,
(c) Limits or prevents new Owners from'becorn,dg niemher-, of the
Association or enjoying full use of its Common Elements and Recreat?.?ai Facclitie$, su ject,
the membership provisions of the Association Documents;
(d) Discriminates against or singles out any group of A%iem erOr j
prospective Members or Declarant. This provision shall expressly prohibit the establi hmenttif a
fee structure (i.e., assessments and other mandatory fees or charges) that discriminates-against or
singles out any group of Members or Declarant, but shall not. prohibit the establishment of
Benefited Assessments;
(e) Impacts the ability of Declarant, its successors, assigns and/or
affiliates, to carry out to completion its development plans and related construction activities for
Sterling Farms, as such may be amended and updated from time to time. Policies, rules or
procedures affecting the provisions of existing casements established by Declarant and limiting
the establishment by Declarant of easements necessary to complete Sterling Farms shall be
37
Book:2782,
??,.yc sy vi ..
expressly included in this provision. Easements that may be established by Declarant shall
include but shall not be limited to easements for development, construction and landscaping
activities and utilities; or
(f) Impacts the ability of Declarant, its successors, assigns and/or
to develop and conduct customer service programs and activities in a customary and
I? manner.
1'-',-,\7 Unimpeded Access. The Association shall not exercise its authority over
th Common Elements (including, but not limited to, any gated entrances and other means of
ac ?C.. ss to ?ie Property to interfere with the rights of Declarant set forth in this Declaration or to
impede aces o a y1portion of the Property, or over the streets and other Common Elements
within tv Puiperty.
1,3.8' Additional Declarations/Restrictions. No Person shall record any
declaration of ecivenant , 2?n'Tc ificas and restrictions, or declaration of condominium or similar
instrument affecting a y portion f t e Property without Declarant's review and written consent
during the Development Period /Any attdmp d.recordation without such consent shall result in
such instrument being vo: arrd of n ' once an eect unless subsequently approved by recorded
consent signed by Declarant.
15.9 Governmen al Inter se ts') Durib th' - vetopment Period, Declarant may
designate sites within the Property forrff.v.7iee andutilit facilities, and parks, and other
public facilities in accordance with applicable laws. ` I)e sites,may include Common Elements.
Article 16.
16.1 General Remedies. Every Owrier'ar d oc}up?nt 6,f any 1-6t shall comply
with the Association Documents and the Act. Failure to compl a4?fi?t g o4ids for an action
b_v the Association to recover sums due, for damages, injunc r.» re lef/br a ?Ather remedy
available at law and equity or under the Act. r ('-,
16.2 Enforcement/Sanctions. The Board or such other A(ssociati6E
the Board's approval, may impose sanctions for violations of Association Docurrent
and a hearing in accordance with the procedures set forth in the Declaration. S?ch s
include, without limitation:
(a) Imposing reasonable monetary fines which shall cons
upon the Lot of the violator;
(b) Suspending an Owner's right to vote;
(c) Suspending any Person's right to use any Recreational Facilities
within the Common Elements; provided, however, nothing herein shall authorize the Board to
limit ingress or egress to or from the Lot;
ce
39
(Page 44 of 58)

(d) Suspending any services provided by the Association to an Owner
or the Owner's Lot if the Owner is more than thirty (30) days delinquent in paying any
assessment or other charge owed to the Association; and
(e) Levying Benefited Assessments to cover costs incurred in bringing
a L? t intoo compliance in accordance with Section 10.5(c).
16.3 Self-Help Remedies. The Board or such other Association agent with the
Board's appr va\\may elect to enforce any provision of the Association Documents by self-help
(s ecificail incttading, but not limited to, the towing of vehicles that are in violation of parking
ru%, a d/re ations in accordance with any applicable ordinance(s) of Onslow County, North
Carolina) orb su' -;t law or inequity to enjoin any violation or to recover monetary damages or
both W-6ou- the nece-S711111t of compliance with the procedures set forth in Article 17 or in the
Bylaws.
1\ 4 Cum-Tat?g.Remedies/Attorneys' Fees. The Association shall have all
powers and remeedlef u/ d' r ct ? nd the Association Documents which shall be cumulative of
any remedies available t lath+ j in euit . In a,.y action to enforce the provisions of the
Association Documents, f tht Asso.h.atron t"Uff-cf vAs, it sh all be entitled to recover all costs,
including, without limitation?tto osts, reasonably incurred in such action.
16.5 Associations Ri ht Not to Take Aaky3. The Association shall not be
obligated to pursue. enforcement action i?? ar j particucar case,?ch decisions to be within the
discretion of the Board, except that the Bard shall note arbitrary or capricious in taking
enforcement action. Without limiting the ge?eraiity?r?f the foregoing, the Board may determine
that, under the circumstances of a particular case: ?a) the,,Associa?Ii x's position is not strong
enough to justify taking any or further action; or (b e `o?enan?t??estrgctio.rule being
enforced is, or is likely to be construed as, inconsistent w4h applicable ? -- (j) although a
technical violation may exist or may have occurred, it is not of sb h laterial1nature as to be
objectionable to a reasonable person or justify expending Ass'a tion/rund."r, (d) it is not in
the best interest of the Association, based upon hardship, expense 8r other reasnnab criteria, to
pursue enforcement action. ??-J
Such a decision shall not be construed a waiver of the right bf the Assoc' ration to
enforce such covenant, restriction, rule or provision at a later time under other ?i rcur?stances /r
preclude the Association from enforcing any other covenant, restriction, rule or provision, parr
shall it preclude any Owner from taking action at law or in equity to enforce the Asso);;atTn
Documents.
16.6 Enforcement by Owner. Nothing set forth in this Article 16 shall prevent
any aggrieved Owner from instituting any available remedy in law or in equity for a violation of
the Association Documents.
39

Article 17. General Provisions.
17.1 Term. This Declaration shall run with and bind the. Property, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their respective
legal representatives, heirs, successors, and assigns, for a term of twenty-five (25) years from the
date th'iq Declaration is recorded. After such time, this Declaration shall be automatically
extender successive periods of ten (10) years, unless an instrument in writing, signed by a
majorijy of the then Owners, has been recorded within the year preceding each extension,
agreeing to amen in whole or in part, or terminate this Declaration, in which case this
De/ ?laration'shglii)e. amended or terminated as specified therein.
/47:2---,, Amendment.
o (a) By Declarant. During the Development Period, Declarant may
unilaterall} amendthis Declaration for any purpose. Thereafter, Declarant may unilaterally
amend this Declaration, fauC arr.Pndment is (i) necessary to bring any provision into
compliance w' h?r
cable sove?nmental statutes, rule, regulation, or judicial determination;
Y- p ]i
C
(ii) necessary to enable ?ny r?puiable?titls in us r \ e company to issue title insurance coverage on
the Lots; (iii) required by\?,in hnstituticW70 or i'.-,?verjrmental lender or purchaser of Mortgage loans,
including, for example, the Fier ai"National lVlvrtbab :Association or Federal Home Loan
Mortgage Corporation, to enable it to make?r>3rche SVtortgage loans on the Lots;
(iv) necessary to enable any govern;rl\ t l age icy or repu.3 e rivate insurance company to
guarantee or insure Mortgage loans onta .-Lots; yise
necessary to satisfy the
requirements of any governmental agency `f or approval of ttu Declaration. However, any such
amendment shall not adversely affect the title to-dny "ot un °ss the affected Owner shall consent
thereto in writing. o 0
(b) By Owners. Except as otherise pacific ?o?' ed in this
Declaration, this Declaration may be amended only by the affirmarve v to or?vritten consent, or
any combination thereof, of Owners representing 67% of the Otal-votes in tW Association, and
the consent of Declarant, so long as Declarant owns any portion of he Property or CUntiguous
Property or during the Development Period.
Notwithstanding the above, the percentage of votes necessarp-timenda s e" cific ;
clause shall not be less than the prescribed percentage of affirmative votes required for action to"
be taken under that clause.
(c) Validity and Effective Date of Amendments. Amendments to this
Declaration shall become effective upon recordation in the Register of Deeds unless a later
effective date is specified therein. In no event shall a change of conditions or circurnstances
operate to amend any provisions of this Declaration.
If an Owner consents to any amendment to this Declaration or the Bylaws, it will
be conclusively presumed that such Owner has the authority so to consent, and no contrary
40
Gage 46 oY S8)
Provision in any Mortgage or contract between the Owner and a third party will affect the
validity of such amendment.
No amendment may remove, revoke, or modify any right or privilege of Declarant
without the written consent of Declarant or the assignee of such ri°ht or privilege as long as
De ilarataowns any portion of the Property or Contiguous Property or during the Development
/ 17,,3 Litigation. Except as provided below, no judicial or administrative
proceedings all-b- commenced or prosecuted by the Association unless approved by a vote of
67kif th?M;;? krs and the consent of Declarant during the Development Period. This Section
shall n?otoly?l ho ver, to (a) actions brought by the Association to enforce the provisions of
the Associatian Docu,nts (including, without Limitation, the foreclosure of liens); (b) the
imposit)ota and col'fe_Otion f assessments as provided in Article 10; (c) proceedings involving
challengessn, ad/valorem axation; or (d) counterclaims brought by the Association in
proceedings instituted apaifist- t This Section shall not be amended unless such amendment is
approved by the percse{itpge ooites, nd p rt suant to the same procedures, necessary to institute
proceedings as provide ?aboye.
`- r T 1 \
No judicial, gazi jadical
commenced or prosecuted by the Assoc
a vote of seventy-five percent (75°Io`) °f
17.4 Hearing Procedures\Exeeof as rimy
by the Association Documents, and permitted by the Assoc
(1) impose a fine or penalty, (ii) undertake permitted remed
infringe upon other rights of a Member or other occupaanJt
violations of the Association Documents, or for assessment
the Association remaining unpaid for a period of thirty (30;
following procedure is completed:
or governmental proceeding shall be
evolving Declarant unless approved by
otherwise specifically authorized
on Documents, the Board shall not
(iii) suspend voting or
/ellirrr-Unit for
or
and owing to
and until the
(a) Demand. Written demand to cease and?des sz froi aria all?,ged
violation shall be served upon the Responsible Person (hereinafter defined speterfvmg (i5 th
alleged violation; (ii) the action required to abate the violation; and (iii) a t rne_v?eriod, not Jess /
than five (5) days, during which the violation may be abated without further sarictio ifsuc
violation is a continuing one, or a statement that any further violation may result in the /
imposition of a sanction after notice and hearing if the violation is not continuing. Fof-pint oyes
of this Section 17.4, the "Responsible Person" shall be any Member, Owner, or occupant of a Lot
or Dwelling Unit.
(b) Notice. At any time within twelve (12) months following such
demand, if the violation continues past the period allowed in the demand for abatement without
penalty or if the same rule is subsequently violated, the Board, or an adjudicatory panel
appointed by the Board, shall serve the Responsible Person with a written notice of a hearing to
be held by the Board of the Association in executive session or an adjudicatory panel appointed
4l
Rnnk:97?:^ - ??.?
S
by the Board; provided, however, any adjudicatory panel appointed by the Board shall be
composed of members of the-Association who are not officers of the Association or members of
the Board. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place
of the hearing, which shall not be less than ten (10) days from the giving of the notice; (iii) an
invitation to attend the meeting and produce any statement, evidence and witness on his or her
behalf and (iv) the proposed sanction to be imposed. The notice prescribed herein may be
served by?roailing a copy of said notice to the alleged violator by placing said notice in the
/Unite ?'State , ail, postage prepaid, by any method as permitted for the service of summons as
sett c5rth in R?le?jof the North Carolina Rules of Civil Procedure or by the delivery of said
notice by art officer, director or agent of the Association to the Responsible Person or to any
per any ho nL be served on the Responsible Person's behalf as provided in said Rule 4.
/ ?V Hearing. The hearing shall be held in executive session of the
Board or'adjudt?ory anel appointed by the Board pursuant to the notice affording the
member a reas _?habte op rtunity to be heard. Prior to the effectiveness of any sanction
hereunder, prodof notice and the ;. vitation to be heard shall be placed in the minutes of the
meeting. Such proo?h 11 bedded Ze ladegq.-a iif a copy of the notice, together with a statement
of the date and manner f de aver, is elnt ?ed t'he officer, director, or agent who delivered such
notice. The notice requir:nesh?l' deer ?dcrd s?tisfied if the Responsible Person appears at the
meeting. The minutes of the meetiin- all contain as w itten statement of the results of the
hearing and the sanction, if any, ii
hearing and the sanction, if any, ii
prepaid, by the Association to the
statement of the results of the
United States mail, postage
(d) Appeal. If the heart o=is helo,,6ef, ore an adjudicatory panel,
following such hearing and notice of a decision adlicerse to the vtolator,?the Responsible Person
shall have the right to appeal the decision to the Board perfect Jhisigh't written notice of
appeal must be received by the managing agent of the Ass6ciati?n, &,s ideF\-or-secretary of the
Association within fifteen (15) days after the date of the decision`said vi,ritten?otice to contain
information by which the Board may notify the Responsible Person-of the date ,of the appeal
hearing. If no adjudicatory panel is appointed by the Board, no ri.At,of aa_sS1mill,e'xist.
(e) Sanction as Assessment. Pursuant to the pray?'si© s of this Section,
a fine may be imposed by the Association is an amount not exceeding One Hundred rid N 1100,
Dollars ($100.00) (or any greater amount as may be provided otherwise by law or-th:Pct) pe,/
violation of the Association Documents and without further hearing, for each day after five(k5)
days after the decision to impose such fine that the violation occurs. Any such fine shali?bo- an
assessment as set forth in this Declaration and the Act. If it is decided pursuant to the provisions
of this Section that a suspension of privileges or services should be imposed, the suspension may
be continued without further hearing until the violation or delinquency is cured.
17.5 Severability. Invalidation of any provision of this Declaration, in whole or
in part, or any application of a provision of this Declaration by judgment or court order shall in
no way affect other provisions or applications.
42

(Page 46 of 58)
17.6 Use of the Words "Sterling Farms". No Person shall use the words
"Sterling Farms" or any derivative, or any other term which Declarant may select as the name of
this development or any component thereof, in any printed or promotional material without
Declarant's prior written consent. However, Owners may use the wards "Sterling Farms" in
printed or promotional matter solely to specify that a particular property is located within the
Prc per and the Association shall be entitled to use the words "Sterling Farms" in its name.
X?17.7 Notice of Sale. or Transfer of Title. Any Owner desiring to sell or
othexwise tra}zsf title to his or her Lot shall give the Board at least seven (7) days prior written
notice of the name and address of the purchaser or transferee, the date of such transfer of title,
a
\be nrnsueh%other information as the. Board may reasonably require. The transferor shall continue to
'ointly i?d eve _ Iv responsible. with the transferee for all obligations of the Owner of the
Lot, inc udiWassesn'=t obligations, until the date upon which such notice is received by the
Board, notwithstabdihig th transfer of title. The Association may require the payment of a
reasonable administratio ror registration fee by the transferee.
17:5 Ate torner?s` Fees. In the event of an action instituted to enforce any of the
provisions contained in he A!s ciati ? n ecunie ts, the party prevailing in such action shall be
entitled to recover from \the o2?er pare there c\\-a s dart of the judgment, reasonable attorneys' fees
and costs, including adminu`s`t7zts-,,/an? lien ies;/o suob suit. In the event the Association is a
prevailing party in such action, thamouttf such fP rn?ys' fees and costs shall be a Benefited
Assessment with respect to the Lots) in?olve4 in th
IN WJTNESS WijIEREOF,
Declaration this 6 "day day of of
OGDEI
a North
By:
has executed this
i
c
43

STATE OF NORTH CAROLINA
COUNTY OF H CnQJe("
I, &M ? L • O 5J a Notarv Public in and for
said County and State, do hereby certify that personally
came-efore me this day and acknowledged that he is Manager of OGDEN HIGHWAY, LLC, a
limited liability company, that by authority duly given and as the act of the contany, the
forea ing irks u ent was signed in its name by its Manager, and attested by him as its Manager;
that the act `of the Manager is the act of the limited liability company-, and that the typewritten
word " SEAU VPearing beside the name of the limited liability company has been adopted by
theJjjnited,l a it), company as its seal.
Date
} Signature of Not ry Public
\?,,unK,Nrrrr /
<0?
?OTAgy .
21.
un IWO,\
C rn?/ ?I C?S5C5(?, Notary Public
44
kraae ou or 5u)
r

CONSENT OF LIEN HOLDER
SunTrust Bank, a national banking association ("Lender") is the holder of the
beneficial interest under that certain deed of trust dated December 12,-2005 given by Declarant for
the use and benefit of Lender, covering all or portions of the Property and the Contiguous
Property, and recorded on December 13, 2005, in Book 2569, at Page 456 in the office of the
Register of Deeds of Onslow County, North Carolina (said deed of trust, together with all
and ments, modifications, extensions and supplements thereto and any and all other documents
gi?v n to .made by the Declarant in connection with said deed of trust are hereinafter collectively
called th ,)Security Agreement"), Lender hereby joins in the execution of this Declaration to
/conserir to the s hereof, and to all restrictions, covenants, terms, easements, obligations and
r other matte?setfrth in this Declaration, as the same may hereafter be amended, modified,
supplemented,,or changed.

060923-00001-001
WLMA1M1480830
45
Book:27-...-

EXHIBIT "A"
That tract or parcel of land lying and being situate inOnslow
County, North Carolina, and being more particularly shown and
described on the revised map entitled "STERLING FARMS"
AN- n__11 W7 D-- ??1 :' rL o .ff ca f tha i?un;ctur
god:. _ .
(Page 52 of 58)
EXHIBIT "B"
Initial Use Restrictions
The following restrictions shall apply to all of the Property until such time as they are
amended, modified, repealed or limited pursuant to the Declaration.
1'. Use. No Lot shall be used for any purpose other than as a single family residence.
>t? therwise provided herein, only one (1) single family dwelling, designated for use as,
sed as, sire,-le family residential dwelling may be constructed, erected, used or allowed to
non ar)VLot.
Nothing in the Association Documents shall be construed to prohibit the
Dec!?ttt ?ir iSs assi-z?ees from using any Lot owned by the Declarant (or any other Lot with the
permission-4 the 6A hereof) or any portion of the Common Elements for promotional,
marketing`_d, isplaycustomer service purposes (such as a visitors' center) or for the settlement
of sales of L6l-,,. Further the Di clarant specifically reserves the right to operate a construction
office or a rental;.brokerage and-management office at any time on Lots owned by the Declarant
(or any other Lot wilt, toe pe71Ursion?of t?e wrier (hereof) and on any portion of the Common
Elements. The Declaran't\maty Assign nts.j i-ht? under this subsection to or share such rights with
one or more other Persons; exclusively simult?nedr
Common Elements and Lots own?d-by the Deep at
2. Restricted Activities he following
unless expressly authorized by, and then si\b-ect to
Board of Directors: \
(a) Any activity which (ends to cause
exist outside of enclosed structures on the Lot;
or consecutively with respect to the
such Persons.
prohibited within the Property
is as may be imposed by, the
unhealihy or unsafe condition to
(b) Any activity which emits foul or obnoxious odors,iymes; dust„smoke, or
pollution outside the Dwelling Unit or which creates noise, unre sa nable risk fof fire or
explosion, or other conditions which are a nuisance provided, nothing herein sh-ah)--preclude
normal and customary operation of any restaurant;
?C)
?
(c) Any activity which violates local, state or federal laws or reg6l-a ons;, j"
(d) Outside burning of trash, leaves, debris or other materials;
(e) Outdoor storage of goods, materials, or equipment, except that outdoor storage of
building materials shall be permitted during construction on the Lot on which such materials are
being stored;
(f) Any activity which would constitute a public or private nuisance;
(g) Use or discharge of anv radio, loudspeaker, horn, whistle, bell, or other sound
device so as to be audible to occupants of other Dwelling Units, except alarm devices used
exclusively for security purposes,
R-k•97.:- - -

(h) Use and discharge of firecrackers and other fireworks;
0) Dumping grass clippings, leaves or other debris, petroleum products, fertilizers, or
other potentially hazardous or toxic substances in any storm sewer, drainage ditch, or other
component of the storm draina, ge s_yste.m serving the Property, any stream, pond, or lake, or
elsewhere within the Property, except that fertilizers may be applied to landscaping on Dwelling
Units provided care is taken to minimize runoff, and Declarant may dump and bury rocks and
tree-s-removed from a building site on such building site;
Subdivision of a Lot into two or more Lots, or changing the boundary lines of any
bdivision plat including such Lot has been approved and recorded, except that
11 be permitted to subdivide or replat Lots which it owns;
se of any Dwelling Unit for operation of a timesharing, fraction-sharing, or
ar_prdgra n whe?eby the right to exclusive use of the Dwelling unit rotates among
participantsAn the Pl gram on a fixed or floating time schedule over a period of years;
(1) ??n-5ite storage of gasoline, heating, or other fuels on Lots, except that a
reasonable amount of propane strand other fuel may be stored on each Dwelling Unit for
emergency purpos - n operation o` gas ca(*ing grills, lawn mowers and similar tools or
equipment, and the As ?ciatj°n chap e iper Itt to store. fuel for operation of maintenance
vehicles, generators, and similar equipment is provision shall not apply to any underground
fuel tank authorized pursuant t6l rtcie 1 l ; / "\
outside the Dwelling Unit; (ii) the business activity conf?r?m to all zoning requirements for the
Property; (iii) the. business activity does not involve &oor-t?-doors I' -I ation?f,residents of the
Property; (iv) the business activity does not, in the Boa4sreasona le iodg =t,generate a level
of vehicular or pedestrian traffic or a number of vehicles bein-, pa? ed in the Property which is
noticeably greater than that which is typical of Dwelling Units tit "ich no business activity is
being conducted; and (v) the business activity is consistent with thres?dent?al?hadt r of the
Property and does not constitute a nuisance, or a hazardous or offensive-use, or ChweatM,the
security or safety of other residents of the Property, as may be determined!an tli?)sole discr0n
of the Board. /
, garage sale, moving sale,
rummage sale, or similar activity, except'trmf an Owner-or t?4ant residing in a Dwelling Unit
may conduct business activities within the Dwelling U it so-long as: (i) the existence or
operation of the business activity is not apparint?rr etectable? sight, sound, or smell from
(m) Use of any Dwell in -Vnit jor
Leasing of a Dwelling Unit shall not be considered Business and Trade. Thi,
subsection shall not apply to any activity conducted by Declarant with respect to its deveial
and sale of the Property or its use of any Dwelling Units which it owns within the Property;
(n) Any activities which materially disturb or destroy the vegetation, wildlife,
wetlands, or air quality within the Property or which use excessive amounts of water or which
result in unreasonable levels of sound or light pollution;
keage w or 5a)
(o) Vehicles and Parking.
(1) The term "vehicles," as used in this Section, shall include, without
limitation, automobiles, trucks, boats, trailers, motorcycles, campers, vans,
and recreational vehicles.
(?} Vehicles shall be parked in accordance with rules and procedures
determined by the Board.
/ (? Anv construction, erection, placement, or modification of any thing, permanently
or to ipora,ri ,urn a Lot or on the outside portions of the Dwelling Unit, whether such portion
is improved Sir unto proved, except as specifically authorized in Paragraph 4(d) of this Exhibit or
aft r appro ?],pfThe thing by the Reviewing Body in writing, and otherwise in strict compliance
?ith b-i7rcvistnxof the Declaration. This shall include, without limitation, signs, basketball
how, s, swir?g s is anq. similar sports and play equipment; clotheslines; garbage cans; woodpiles;
above-grow swimming? ools; docks, piers and similar structures; and hedges, walls, dog runs,
animal pers, storagesheds;, or fences of any kind.
(q) Np structu.re of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuildin?,sh?a f be use on any L t anytime as a residence either temporary or
permanently. No trailer, mobile hom,, ca?mp(e d \like vehicle shall be. allowed on the property at
any time, or any other st ?tur??is fins, hed dartially finished at a manufacturing unit or
plat and transported for quick assem ly and vrhrclt is dei fined to be disassembled and relocated
_?
shall be allowed. It is specificallyghe inters[ion ?and t
o?.e of this covenant to prohibit the
location of any manufactured home as*e n NC -
443-1y45 and any structure for which a
"Label of Compliance" as defined in 6-143-1 ? ,is ?s-ucdriTcluding but.not limited to those
structures which are generally referred to as,rnobile homes, trailers, relocatable houses, or similar
type structures on the property.
(r) Removal, alteration, damage or change td?a ?y of ?.he?Stot7mv??at? lvlanagement
Facilities.
(s) Placing or permitting to remain garbage or trasiioany Lot e?ecearigg in covered
containers of a type, size and style which are approved in accordance with Article? oi as
required by applicable governing authority. Except during construct or,?tivlt,es loon Te Lm-,-,
any such containers shall be kept inside garages or other structures on LotsCexcipi whey the' are
being made available for collection and then only for the shortest time reasonaily necescary to
effect such collection.
(t) Pets. The Association may adopt reasonable rules regarding household pets
designed to minimize damage and disturbance to other Owners and occupants, including rules
requiring damage deposits, waste removal, leash controls, noise controls, pet occupancy limits
based on size and facilities of the Lot and fair share use of the Common Elements. Nothing in
this provision shall prevent the Association from requiring removal of any animal that presents
an actual threat to the health or safety of residents or from requiring abatement of any nuisance
or unreasonable source of annoyance. No Owner shall be permitted to raise, breed or keep
mammals, birds, fish, or reptiles of any kind for commercial purposes.

Book:271

3. Prohibited Uses. In addition to uses which are inconsistent with applicable
zoning or are prohibited or restricted by other recorded covenants, conditions, restrictions or
easements, the following uses are prohibited within the Property:
(a) trailer courts, mobile home parks, and recreation vehicle campgrounds;
(b) oil, gas or mineral exploration; drilling, boring, excavation, development,
refiring, quarrying, or mining operations, and all construction and equipment incident thereto;
arc oilr gas wells or related equipment or facilities;
'(c) commercial excavation of building or construction materials, except in the usual
of cocstru'C41ion of improvements;
dumping, storage, disposal, incineration, treatment, processing or reduction of
gar`ge ?r refuse o?ny nature, except as is incidental to the use, operation and ownership of
any property (or a portZi. thereof) in accordance with this Declaration and in a manner which is
not unsightly and'64s not[, result in noxious odors emitting from the subject property;
4. Prohibited?Condiri cns. The following shall be prohibited at the Property:
(a) Plan s aimaisevicels or other =hings of any sort whose activities or existence in
any way is noxious, dan-erom, unsinl^ttly, uii leas nt, or of a nature as may diminish or destroy
the enjoyment of the Property,--- -/ i
(b) Structures, equipment or
which have become rusty, dilapidated 'o
(c) Sprinkler or irrigation systen vve I Is/of
lakes, creeks, streams, rivers, ponds, wetlands, ca s, or
the Property, except that Declarant and the Association s)
such sources and the Reviewing Body pursuant to Art l
private water well on certain Dwelling Units which the R
sufficient size to accommodate a well without adversely i
,,ev.erior portions of a Dwelling Unit
iPr I-dti repair; and
'type which draw upon water from
Proand or surface waters within
ha 'e-4e righyo-draw water from
mo'p i?t?2?6-rmrnes scren, approve a
:wir _ v to be of
(d) Satellite dishes, antennae and sinular devices for the tran4uss-ion of televising ?
radio, satellite, or other signals of any kind, except that (0 Declarant and t ie Ass?ciatio? shall
have the right, without obligation, to erect or install and maintain any such ap2ratus for th
benefit of all or a portion of the Property, and (ii) antennae or satellite dishes designodo'receiyi
direct broadcast satellite service which are one meter or less in diameter; (b) antennae or satellite
dishes designed to receive video programming services via multi-point distribution services
which are one meter or less in diameter or diagonal measurement; or (c) antennae or satellite
dishes designed to receive television broadcast signals ('Permitted Devices") shall be permitted,
provided that any such Permitted Device is placed in the least conspicuous location on the Lot in
which an acceptable quality signal can be received and is screened from the view of adjacent
Dwelling Units, streets and Common Elements in a manner consistent with the
Community-Wide Standard and the Architectural Guidelines.
5. Leasing of Dwelling Units'. Nothing contained herein shall prohibit the leasing or
subleasing of a Dwelling Unit; provided, however, that;

(Page 5b of b7t)
a

V
(a) No Dwelling Unit shall be leased for a period of less than one hundred
eighty (180) consecutive calendar days without the prior written consent of the Board.
(b)All leases for any Dwelling Unit shall be in writing signed by the Owner
and the tenant.
(c) All leases shall be in such form, and contain such provisions, as approved
byzhe Board, including provisions (a) requiring the tenant to comply with the Association
Dc currents, (b) providing that the failure of any tenant under a lease to comply with the
Associatl\bn Documents shall constitute an event of default under the lease, and (c) providing that
the Board mayexercise any and all remedies for a default under the Association Documents
against the UwniL and the tenant under the lease including, without limitation, the right to
remove a/tenadt rom possession of a Dwelling Unit by judicial process or otherwise.
) (d) > No structure on any Lot other than the Dwelling Unit may be leased or
otherwise occupied,' Addo fraction or portion of any Dwelling Unit may be leased separately
from an}Qther uordon of the Dwelling Unit.
e} to eexe q d copy of any lease for a Dwelling Unit sliall be provided to
the Association pr"-Jig the occ?,pancy by?he tenant of such Dwelling Unit.
The Boar may also.6opt raonbl(
which may include, but are not;iff?ted to, (? fire tm
Dwelling Unit equal to the costs of admirtist2atinn a4
Association with the restrictions and. rules an) regul
or restricting the leasing of more than tw rrty percem
time within the Property.
"Leasing," for purposes of this Della-ratio)
occupancy of a Dwelling Unit by any person other an it
the Owner, for which the Owner receives, or the tenant p
including, but not limited to, a fee, service, gratuity, or et
Restrictions. "Immediate Family" shall mean the parents,
Owner.
rules and regulations regarding leasing
oration of a fee to the Owner leasing the
;i enduring compliance incurred by the
MI-ating to leasing and (b) prohibiting
204 fDf the Dwelling Units at any one
d as regular, exclusive
or he ?rnrn,?diate. Family of
y c ??siderati6 or benefit,
As?used i' these Initial Use
nts and -I il.dren of such
Notwithstanding the above Declarant retains the right to lease am Dwelling tnit
it owns for period of less than thirty (30) days.
Book *9":
•
i
4
LOT # Max BUA
LOT 1 9,679
2 . T 2 3,552
%LOT?3 3,212
LOTS 3.133
LOT 5 \ 3,240
7? OT 6 i ,988
SLOT 7/ 5,369
7
7 L T_ 6 7 -3-665
7
LoNT-9 ,' ' 3sla?
LOT l X18781
LOT I ,3,985
LOT 12 4,09
LOT 13 `?l, if 9
LOT 14 4,304_
LOT 15 4,410\
LOT 16 4,517
LOT 17 4,623
LOT 18 4,730
LOT 19 4,836
LOT 20 4,943
LOT 21 5,049
LOT 22 5,155
LOT 23
- 5,262
50
T24 5,368
LOT 25 7,024
LOT 26 6,862
LOT 27 5,741
LOT 28 5,847
LOT 29 5,954
LOT 30 6,060
LOT 31 6,166
LOT 32 6,251
LOT 33 6,347
LOT 34 3,723
LOT 35 3,458
LOT 36 3,507
LOT 37 3,556
LOT 38 3,605
LOT 39 3,641
LOT 40 3,664
LOT 41 3,687
EXHIBIT "C"
Table of Maximum Built-Upon Area
LOT # Max BUA
LOT 42 3,710
LOT 43 3,733
LOT 44 3,757
LOT 45 3,780
LOT 46 3,803
LOT 47 3,826
LOT 48 3,849
LOT 49 3,872
LOT 50 3,895
LOT 51 3,919
LOT 52 3,942
LOT 53 4,175
I OT 54 3,961
1,0'1%55 41246
LOOT 56 1 1 5,382
\'7 OT 9) ?Sa54\
?
LOT 61, 1 ( 4,086
LOT 62 3,7261
,
LOT 63 5,75
LOT 64 3;853(
LOT 65 4,687
LOT 66 5,177
LOT 67 10,000
LOT 68 9.306
LOT 69 6,945
LOT 70 4,417
LOT 71 4,344
LOT 72 4,553
LOT 73 4,639
LOT 74 3,886
LOT 7.5 4,351
LOT 76 5,377
LOT 77 9,000
LOT 78 4,420
LOT 79 4,018
LOT 80 4,294
LOT 81 6,260
LOT 82 4,863
LOT # Max BUA
LOT 83 4,903
LOT 84 5,181
LOT 85 6,250
LOT 86 5,233
LOT 87 4,265
LOT 88 3,673
LOT 89 9,000
LOT 90 3,383
LOT 91 3,200
LOT 92 3,200
LOT 93 3,200
LOT 94 3,630
LOT 95 3,764
LOT 96 3,730
LOT 97 3,783
LOT 98 3,792,
LOT 99 3,442
LOT 100 4,720
LOT 101 5,473
LOT 102 3,631
LOT 103 4,019
l,,OT 104 4,369
C L T05? 4,121
_T T U06- ' 3,234
t OT 10'' 4,488
LOT 4'08 - 3,830
.LO
L (110 3.200
3j200?
LOT ll 3,20,
LOT 112',,
,
4,483
LOT 113 0,007
LOT 114 `5.,760
LOT 115 7,155
LOT 116 5,281
LOT 117 4,319
LOT 118 3,781
LOT 119 6,652
LOT 120 3,200
LOT 121 3,200
LOT 122 3,200
LOT 123 3,20 0

e
LOT # Max BUA
LOT 124 3,200
LOT 125 3,200
LOT 126 3,200
LOT 127 3,200
LOT 128 3,2100
LOT 129 3,200
U 1130 3,200
LOT 134, 3,200
/ LOT 32 3,200
LOT 133 ) 3,200
LOT 134/ ,200
L f 1;15 3,200
O13l/ ?3?00
LO 137 ; / 4,109-,
LOT 13 ,/9,000
LOT 139"- ,)'.;:j','200,//
LOT 140 , 3,2)
0?
LOT 141 3
LOT 142
LOT 143 3,200\
4,287 77\1
LOT 144 3,200
LOT 145 3,771
LOT 146 4,390
LOT 147 4,186
LOT 148 7,918
LOT # Max BUA
LOT 149 9,016
LOT 150 3,200
LOT 151 3,202
LOT 152 3,200
LOT 153 3,200
LOT 154 3,364
LOT 155 3,200
LOT 156 3,200
LOT 157 3,200
LOT 158 3,200
LOT 159 3,200
LOT 160 3,200
LOT 161 3,331
LOT 162 4,231
LOT 163 4,107
LOT 164 4,277
-,OT 165 4,164
L1 T 1? 4,350
L if,467r \ 4,828
LOT 168 )_9,Q00
,WT 174
yLOT 1,75-a % 7,.09 ,
»7, 11
LET 1;76 7;72
LOT 177 /`T,04-
LOT 178 8,913
i
LOT # Max BUA
LOT 179 9,000
LOT 180 9,000
LOT 181 9,000
LOT 182 9,000
LOT 183 9,000
LOT 184 9,000
LOT 185 9,000
LOT 186 9,000
LOT 187 9,000
LOT 188 8,744
LOT 189 7,991
LOT 190 9,000
LOT 191 6,240
LOT 192 8,267
LOT 193 4,946
LOT 194 4,488
LOT 195 3,369
LOT 196 3,960
LOT 197 4,296
LOT 198 5,287
LOT 199 7,583
LOT 200 9,000
LOT 201 4,666
LOT 202 9,000
LOT 203 7,210

Book:2--'. ?