20081568 Ver 1_Application_20081010

Hollowell &Hollowell
Attorneys At Law
BERNARD B. HOLLOWELL, JR. 203 MAIN STREET
.,,-.,,.,, POST OFFICE BOX 218
BERNARD B. HOLLOWELL BAYBORO, NORTH CAROLINA 28515
RETIRED
October 8, 2008
N.C. Department of Water Quality
2321 Crabtree Blvd
Suite 250
Raleigh, NC 27604
Attn: Cyndi Karoly
Re: Bairds Creek Landing
Dear Ms. Karoly:
08-1568
TELEPHONE [phone]
FACSIMILE (GENERAL) 252-745-5917
FACSIMILE(REAL ESTATE) 252-745-8158
[e-mail]
(I'l- A
O C T I 0 2008
DEAR vVATER QUALITY
WETLANDS AND STQRMATER BRANCH
Pursuant to my surveyor, Dennis Fornes', instructions I am
enclosing the following:
a) Seven applications for a NWP 14 General Permit,
b) the proposed Declaration of Restrictions
c) my check for $240.00
I have included the required conservation restrictions in
Article XI.
If you have any questions, please do not hesitate to contact
me.
Sincerely,
BBHjr:jzh
cc: Henry Frazer
Dennis Fornes
Enclosures
Office Use Only: Form Version March 05
USACE Action ID No. V DWQ No. 0 8- 1 5 6 8
(If any particular item is not appucaote to u«s prujcct, picabc G,nci 1VU1 t1t71n1%,av1G U1 L- .,
I. Processing
? PAI .
1. Check all of the approval(s) requested for this project: -`
2 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
[x]'401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 0 W P 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information _', ' 1 `
1. Owner/Applicant ormation !l „-- rt
Name: rcr.K i o ?no8
Mailing Address: O W a w- w ?rC uur„" R,NCr
.G.
Arlo
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: me%
Company Affiliation: m 1P, Wmpf ?Idoa rt vw t M?
Mailing Address: 1 A*e4,6 •
Telephone N
E-mail Addrf
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): F. 400 -- ! -:5
4. Location
County: ' 2 m 1 iZ,eP Nearest To r a p hor?d rte
Subdivision name (include phase/lot number): i. N
Directions to site ('include road numbers/names, landmarks, etc.):
EGG Vie, I $I I t't Me e
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N ow
6. Property size (acres): I NE A?G eol? I
7. Name of nearest receiving body of water: e;k2t rs?? ?ir+eG?
8. River Basin: ki e y awe,
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions
at the time of this application:-
and general land use ip the
ity of the project
updated 11/1/2005
Page 6 of 12
10
11.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Pro_ ject Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. kAt>i& v
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Gg A G
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 11/12005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se„arately- list imparts due to both structure and flooding.
-IF,--

Wetland Impact

Site Number
(indicate on map) --.7 ......- _-- --- --

ype of Impact - -
T of Wetland
ype

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within

] 00-year r
100-y la
es/no)
Distance to

Nearest
Stream
(linear feet
Area of

Impact
(acres)
Liesp, 0-11
rb Jwo ' O.0S
u '? r1p .DZ

Total Wetland Impact (acres) O•
3. List the total acreage (estimated) of all existing wetlands on the property: 5
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi ly length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
(acres)
Head +qrV0%
• 1
.©?

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads. etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
LV&

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0.01
Wetland Impact (acres): 0-16
Open Water Impact (acres): o.O
Total impact to Waters of the U.S. (acres) Q.
Total Stream impact (linear feet): 80
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes KNo
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
LJO Ke..
8. Pond Creation U
If construction tapond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If app 'cable, discuss c?`nstruction
techniques to be follovge4 dpring construction to reduge impacts. Q.oa?SCd 1.04924--,
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.ht m. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applic nfsssddiscretion.
1. Wi1P tile' project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
3.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Zone* I -par--.\ I Multiplier I Required
2
Total
* Zone 1 extends out 30 feet perpendict
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
from the top of the near bank of channel; Zone 2 extends an
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B.0242 or.0244, or.0260.
Updated 11/12005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeq 20%, please provide calculation
emonstrating to proposed impervious level. Vto? +ce!y Ytlat
?. l?_ _? tS 1 ?rGg ? Y.?S.v i na tN 3 ?.___[ NGrGa4'? ?'d ItM
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generatgd from the proposed projectl or available c4pacity of the subject faylitl\ I
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No 1??
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No k
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Agent's Signature
is valid only if an authorization
/d
from the applicant is provided.)
Updated 11/12005 V
Page 12 of 12

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I
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF PAMLICO FOR BAIRDS CREEK LANDING
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR BAIRDS CREEK LANDING (as may be amended or supplemented as set forth herein,
"Declaration") is made this day of October, 2008 by Bairds Creek Landing, LLC, a North
Carolina Limited Liability Company, whose address is P.O. Box 218, Bayboro, NC (the
"Declarant").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in Pamlico County,
North Carolina, and more particularly described on Exhibit A attached hereto and made a part
hereof (the "Property" or "Subdivision"); and
B. Declarant is developing the Property known as "Bairds Creek Landing" by
subdividing it into four"Lots" that are to be used for residential purposes as well as common real
estate and improvements that are to be owned by a homeowners association to which the Owner
of a Lot must belong and pay lien-supported maintenance assessments; and
THEREFORE, the Declarant hereby declares that all of the Lots and Common
Areas (defined below) located within the Subdivision are held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied and improved, subject to the
following covenants, conditions and restrictions, all of which are established and agreed upon for
the purpose of enhancing and protecting the value, desirability and attractiveness of the
Subdivision as a whole and of each of said Lots. All of these restrictions shall run with the land
and shall be binding upon the Declarant and upon the parties having or acquiring any right, title
or interest, legal or equitable in and to the Property or any part or parts thereof subject to such
restrictions, and shall inure to the benefit of the Declarant and every one of the Declarant's
successors in title to any of the Property.
Prepared and Returned to:
Hollowell and Hollowell
P.O. Box 218
Bayboro, NC 28515 DRAFT
r
ARTICLE I
DEFINITIONS
Section 1.1 "Annual Organizational Board Meeting" means the annual
organizational board meeting of the Board, which shall take place immediately after each Annual
Meeting of the Members.
Section 1.2 "Annual Meeting" means the annual meeting of the Members held in
Pamlico County, North Carolina, within the last quarter of each calendar year, upon proper
notice, at a date, time and at a place from time to time designated by the Board. The first Annual
Meeting of the Members shall be held within one (1) year from the date of incorporation on such
date as the initial Board shall determine.
Section 1.3 "Articles" or "Articles of Incorporation" shall mean those articles,
filed with the Secretary of State of North Carolina, incorporating Bairds Creek Landing
Homeowners Association, Inc., as a nonprofit corporation under the provisions of North Carolina
State law, as the same may be amended from time to time.
Section 1.4 "Assessments" means Regular Assessments, Special Assessments,
Working Capital Assessments, Individual Assessments and Fine Assessments.
Section 1.5 "Association" shall mean and refer to BAIRDS CREEK LANDING
HOMEOWNERS ASSOCIATION, INC., to be formed as a non-profit corporation, its
successors and assigns.
Section 1.6 "Board" or "Board of Directors" shall mean and refer to the Board of
Directors of the Association.
Section 1.7 `Bylaws" shall mean the Bylaws of the Association, as the same may
be amended from time to time.
Section 1.8 "Class A Members" shall mean as defined in Section 4.5.1 below.
Section 1.9 "Class B Members" shall mean as defined in Section 4.5.2 below.
Section 1.10 "Constituent Documents" shall mean the Declaration, the Bylaws, the
Articles of Incorporation, and the Rules and Regulations, if any, and any other basic documents
used to create and govern the Subdivision.
Section 1.11 "Common Areas" shall mean all the real estate (including storm
drainage improvements, entrance signage, streets (including any dedicated streets prior to their
acceptance for public maintenance) and all landscaping and other improvements thereon) owned
by the Association for the common use and enjoyment of the Owners.
Section 1.12 "Common Expenses" shall mean, refer to, and include all charges,
costs and expenses incurred by the Association for and in connection with the administration of
the Subdivision, including, without limitation thereof, operation of the Subdivision, maintenance,
repair, replacement and restoration (to the extent not covered by insurance) of the Common
Areas; the costs of any additions and alterations thereto; all labor, services, common utilities,
materials, supplies, and equipment therefor; all liability for loss or damage arising out of or in
connection with the Common Areas and their use; all premiums for hazard, liability and other
insurance with respect to the Subdivision; all costs incurred in acquiring a Lot pursuant to
judicial sale; and all administrative, accounting, legal, and managerial expenses. "Common
Expenses" shall also include amounts incurred in replacing, or substantially repairing, capital
improvements within the Common Areas of the Subdivision. "Common Expenses" shall also
include all reserve funds or other funds established by the Association. "Common Expenses"
shall be construed broadly.
Section 1.13 "Declarant" shall mean and refer to Bairds Creek Landing, LLC, a
North Carolina Limited Liability Company, its successors and assigns as a Declarant.
Section 1.14 "Default" shall mean any violation or breach of, or any failure to
comply with, the Restrictions, this Declaration or any other Constituent Documents.
Section 1.15 "Development Period" means the period commencing on the date on
which this Declaration is recorded in the Pamlico County Register of Deeds and terminating on
the earlier to occur of (i) when Declarant no longer owns a Lot in the Subdivision; (ii) the date
that Declarant relinquishes in writing Declarant's right to appoint Directors; or (iii) the
occurrence of the date five (5) years from the date of recording the Declaration, renewable for an
additional five (5) year period with the consent of a majority of Lot Owners other than the
Declarant.
Section 1.16 "Dwelling Unit" shall mean and refer to the individual family living
unit on an individual Lot.
Section 1.17 "Fine Assessment" means the charge established by Section 5.5.2 of
this Declaration.
Section 1.18 "Individual Assessment" means the charge established by Section 5.4
of this Declaration.
Section 1.19 "Lot" shall mean and refer to any parcel of land designated on the Plat
upon which a Dwelling Unit has been or is to be constructed. The Declarant has initially created
four (4) Lots in the Subdivision and has the right to establish additional Lots in accordance with
the terms of this Declaration.
Section 1.20 "Member" shall mean and refer to all those Owners who are Members
of the Association as provided in Article IV below.
Section 1.21 "Owner" shall mean and refer to the record owner, including
Declarant, whether one or more persons or entities, of a fee simple title to any Lot located within
the Subdivision.
Section 1.22 "Plat" shall mean and refer to the record plat of the Subdivision
recorded by Declarant, as the same may be amended or supplemented by Declarant from time to
time.
Section 1.23 "Planned Community Act" shall mean and refer to the North Carolina
Planned Community Act, currently codified as Chapter 47F of the North Carolina General
Statutes, as the same may be amended from time to time.
Section 1.24 "Property' or "Subdivision" shall mean and refer to that certain real
estate described in Exhibit A and all other real estate that may be annexed into this Declaration
and the Association by the Declarant.
Section 1.25 "Regular Assessment" means the charge established by Article V of
this Declaration.
Section 1.26 "Resident" shall mean and refer to any person, not an Owner, living in
the Owner's Dwelling Unit, including, but not limited to, temporary guests and Tenants.
Section 1.27 "Restrictions" shall mean all covenants, conditions, restrictions,
easements, charges, liens and other obligations provided for in this Declaration, including,
without limitation, all notices, rules and regulations issued in accordance with this Declaration.
Section 1.28 "Rules and Regulations" shall mean and include the rules and
regulations made from time to time by the Board of Directors as provided in Section 4.3 below.
Section 1.29 "Special Assessment" means the charge established by Section 5.2 of
this Declaration.
Section 1.30 "Working Capital Assessment" means the charge established by
Section 5.3 of this Declaration.
When applicable for the sense of this instrument, the singular should be read as including
the plural and the male, female, and neuter pronouns and adjectives should be read as
interchangeable.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property, each portion thereof, and all Dwelling Units thereon shall be held,
transferred, sold, conveyed, leased, mortgage and occupied subject to the terms, provisions,
covenants and conditions of this Declaration.
ARTICLE III
PROPERTY RIGHTS IN COMMON AREAS
Section 3.1 Owner's Easements of Enjoyment. Except as herein otherwise
provided, each Owner shall have a right and easement of enjoyment in and to the Common
Areas, which shall be appurtenant to and shall pass with the title to his Lot. Such rights and
privileges shall be subject, however, to the following:
3.1.1 The right of the Board to suspend the right of any Owner or the
privilege of any Resident to use such of the Common Areas that are recreational in nature
as determined by the Board for any infraction of the Rules and Regulations relating to the
Common Areas for a period not to exceed sixty (60) days for each such infraction, or for
any non-payment or delinquency of the Assessments against such Owner's Lot for a
period not to exceed the period of such non-payment or delinquency;
31.2 The right of the Board to adopt and enforce and from time to time
amend reasonable limitations upon use and Rules and Regulations pertaining to the use of
the Common Areas, including regulations limiting guests of Owners and Tenants who
may use the Common Areas at any one time;
3. L3 The right of the Association to grant permits, licenses and public or
private easements over Common Areas for utilities, roads and other purposes reasonably
necessary or useful for the proper maintenance or operation of the Property; or
3.1.4 The right of Declarant or the Association to dedicate or convey
portions of the Common Areas to applicable governmental authorities for park purposes.
Section 3.2 Extension of Use. Any Owner may extend his right of enjoyment to
the Common Areas to the immediate and/or extended members of his family, his tenants, guests
or contract purchasers of the Owner's Lot.
Section 3.3 Title to Common Areas. The Declarant shall convey by deed all
Common Areas to the Association in fee simple absolute after the final platting of all Lots in the
Subdivision. Any such conveyance shall be subject to taxes for the year of conveyance, and to
restrictions, conditions, limitations and easements of record.
Section 3.4 Use of Common Areas by Declarant. In addition to the specific rights
and easements reserved herein, Declarant and its affiliates and associates shall have the same
rights of use and enjoyment of the Common Areas as the Class A Members during the
Development Period, and shall have the same right to use Common Areas for promotional, sales
and similar purposes until all of the Lots have been sold.
ARTICLE IV
HOMEOWNERS ASSOCIATION
Section 4.1 Homeowners Association. There is has been created a North Carolina
non-profit corporation, known as Bairds Creek Landing Homeowners Association, Inc., which
shall be responsible for the maintenance, management and control of the Common Areas and
upon each Lot and Dwelling Unit as more specifically set forth in this Declaration.
Section 4.2 Board of Directors and Officers. The Board of Directors, and such
officers as the may elected or appointed in accordance with the Articles or the Bylaws, shall
conduct the affairs of the Association. The Board of Directors may also appoint committees and
managers or other employees and agents who shall, subject to the general direction of the Board
of Directors, be responsible for the day-to-day operation of the Association.
Section 4.3 Rules and Regulations. By a majority vote of the Board of Directors,
the Association may, from time to time adopt, amend and repeal Rules and Regulations with
respect to all aspects of the Association's rights, activities and duties under this Declaration. The
Rules and Regulations may, without limitation, govern use of the Subdivision, including
prohibiting, restricting or imposing charges for the use of any portion of the Subdivision by
Owners, Residents or others, interpret this Declaration or establish procedures for operation of
the Association or the administration of this Declaration; provided, however, that the Rules and
Regulations shall not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the
Rules and Regulations, as they may from time to time be adopted, amended or repealed, shall be
maintained in the office of the Association and shall be available to each Owner upon request.
Section 4.4 Membership of Association. Every Owner of a Lot shall be a Member
of the Association. Such Owner and Member shall abide by the Association's Rules and
Regulations, shall pay the Assessments provided for in this Declaration, when due, and shall
comply with decisions of the Association's governing body. Conveyance of fee simple title to a
Lot automatically transfers membership in the Association without necessity of further
documents. Membership shall be appurtenant to and may not be separated from ownership of
any Lot that is subject to Assessment.
Section 4.5 Classes of Membership. The Association shall have two (2) classes of
Membership:
4.5.1 Class A Members. Every person, group of persons, or entity which is
a record Owner of a fee interest in any Lot upon which a Dwelling Unit has been erected
within the Property, shall automatically be a Class A Member of the Association except
the Declarant during the Development Period; provided, however, that any such person,
group of persons or entity who holds such interest solely as security for the performance
of an obligation shall not be a Member. A Class A Membership shall be appurtenant to
and may not be separated from ownership of any Lot upon which a Dwelling Unit has
been constructed that is subject to Assessment. Class A Members shall be entitled to one
(1) vote for each Lot in which they hold the interest required for membership. In the
event that more than one person, group of persons or entity is the record Owner of a fee
interest in any Lot, then the vote for the membership appurtenant to such Lot portion
shall be exercised as they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any Lot. In the event agreement is not reached, the
vote attributable to such Lot shall not be cast.
4.5.2 Class B Members. The Class B Member during the Development
Period shall be the Declarant. The Class B Membership shall cease and be converted to
Class A membership upon the expiration of the Development Period.
4.5.3 Voting. Each Member shall have one vote with respect to each Lot
owned by such Member, but a Class A Member shall not be entitled to exercise any vote
until the expiration of the Development Period.
Section 4.6 Maintenance Obligations of the Association. The Association, at its
expense, shall maintain, operate and keep in good repair, unless such obligations are assumed by
any municipal or governmental agency having jurisdiction thereof, the Common Areas and all
improvements located thereon for the common benefit of the Subdivision. This shall include,
without limitation, the maintenance, repair, replacement and painting of the following
landscaping and improvements (to the extent that such improvements or landscaping are located
upon or constitute Common Areas): (a) all private roadways, driveways, pavement, sidewalks,
walkways and uncovered parking spaces; (b) all lawns, trees, grass and landscape areas, shrubs
and fences, except as otherwise set forth hereinbelow; (c) all conduits, ducts, utility pipes,
plumbing, wiring and other facilities which are part of or located in, or for the furnishing of
utility services to, the Common Areas and which are not for the exclusive use of a single
Dwelling Unit.
The Association shall make the determination as to when maintenance, repair,
replacement and care shall be done, and its determination shall be binding. Declarant shall have
the right to employ a manager to oversee and implement the Association's maintenance
obligations, and any such management fees incurred thereby shall be paid by the Association.
The Association shall also perform the other duties prescribed by this instrument or the
Association's Rules and Regulations.
Section 4.7 Maintenance Obligation of the Lot Owners. The Declarant has had the
development mowed and bushogged to remove most of the very small trees and underbrush. It is
the intent of the Declarant that the Lots continue to be maintained in this condition. The
responsibilities of each Lot Owner shall include:
4.7.1 To clean, mow or bushog, maintain, keep in good natural order, repair
and replace at his or her expense all portions of his or her Lot and Dwelling Unit. Any
repair, replacement and maintenance work to be done by an Owner must comply with
this declaration and any Rules and Regulations of the Association.
4.7.2 To perform his responsibilities in such manner so as not unreasonably
to disturb other persons residing within the Subdivision.
4.7.3 Not to impair the use of any easement without first obtaining the
written consents of the Association and of the Owner or Owners for whose benefit such
easements exists.
4.7.4 Each Lot Owner shall be deemed to agree by acceptance of delivery of
a deed to a Lot, to repair and/or replace at his or her expense all portions of the Common
Areas which may be damaged or destroyed by reason of his or her own intentional or
negligent act or omission, or by the intentional or negligent act or omission of any
invitee, tenant, licensee family member, including, but not limited to any repairs
necessary which result from damage incurred by pets or vehicles owned by the Lot
Owner, or owned by any guest, invitee, tenant or licensee of such Lot Owner. To the
extent that any Common Area is damaged as an insurable loss and the proceeds from the
Association's insurance policy are utilized to pay for the loss, the Owner shall be
responsible for payment of the deductible as an Individual Assessment in accordance
with Section 5.4 and Section 7.7 below.
Section 4.8 Construction Defects. The obligations of the Association and of
Owners to repair, maintain and replace the portions of the Subdivision for which they are
respectively responsible shall not be limited, discharged or unreasonably postponed by reason of
the fact that any maintenance, repair or replacement may be necessary to cure any latent or
patent defects in materials or workmanship in the construction of the project. The undertaking of
repair, maintenance or replacement by the Association or Owners shall not constitute a waiver of
any rights against any warrantor but such rights shall be specifically reserved. Likewise, this
Section 4.8 is not intended to work for the benefit of the person or entity responsible for the
construction defect. Also, performance by Association may be delayed if Association does not
have the means or the funds to repair the defect or if by repairing the defect, Association would
be compromising the right to sue to have the defect corrected and/or to collect damages caused
by the defect.
Section 4.9 Effect of Insurance or Construction Guarantees. Notwithstanding the
fact that the Association and/or any Lot Owner may be entitled to the benefit of any guarantee of
material and workmanship furnished by any construction trade responsible for any construction
defects, or to benefits under any policies of insurance providing coverage for loss or damage for
which they are respectively responsible, the existence of construction guarantee or insurance
coverage shall not excuse any unreasonable delay by the Association or any Lot Owner in
performing his obligation hereunder. Likewise, this Section 4.9 is not intended to work for the
benefit of the person or entity responsible for the construction defect. Also, performance by
Association may be delayed if Association does not have the means or the funds to repair the
defect or if, by repairing the defect, the Association would be compromising the right to sue to
have the defect corrected and/or to collect damages caused by the defect.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 5.1 Regular Assessments. Regular Assessments for the payment of the
Common Expenses shall be made in the manner provided herein, and in the manner provided in
the Bylaws. The Regular Assessment is established for the benefit and use of the Association
and shall be used in covering all of the Common Expenses.
Section 5.2 Special Assessment. In addition to levying Regular Assessments, and
to the extent that the reserve fund is insufficient, the Board of Directors may levy Special
Assessments to construct, structurally alter, or replace improvements which are a part of the
Common Areas, provided that funds shall not be assessed for any capital improvement in excess
of Five Thousand and 00/100 Dollars ($5,000.00) for any one item or in excess of Ten Thousand
and 00/100 Dollars ($10,000.00) in the aggregate in any one calendar year ("Capital Expenditure
Limit") without the prior written consent of two-thirds (2/3) of the votes of each Class of
Members who are voting either in person or by proxy at a meeting duly called for such purpose
or unless expressly stated in the annual budget. Until the expiration of the Development Period
or the date on which Declarant no longer owns a Lot, whichever is earlier, Declarant shall be one
of the consenting Members, or the capital improvement shall not be made. The Board of
Directors shall calculate each Lot's proportionate share of the Special Assessment for the capital
improvements, and shall give the Lot Owner(s) written notice of the proportionate share and of
the date(s) that the Special Assessment is due and payable. Notwithstanding the foregoing,
Declarant shall have no obligations to pay any Special Assessment with respect to any Lot
owned by it unless there is a Dwelling Unit located upon the Lot that is occupied as a residence.
Section 5.3 Working Capital Assessment. Upon the initial transfer of record of the
Lot from the Declarant (or successor declarant or designated declarant) to the Lot Owner (other
than a successor declarant or designated declarant), the purchaser is required to pay a sum equal
to two (2) full months of the Regular Assessment due on his or her Lot as his or her initial
contribution to the working capital of the Association. This sum is not an advance payment of
the monthly Regular Assessment; rather the sum is allocated to a working capital fund to meet
unforeseen expenditures and operating expenses or to purchase any additional equipment or
services. While the Declarant is in control of the Association, it cannot use any of the working
capital funds to defray its expenses, reserve contributions, or construction costs. When control
of the Association is transferred to the Lot Owners, the working capital fund shall be transferred
to the Association for deposit to a segregated fund. After control of the Association is
transferred to the Lot Owners the Declarant shall be responsible to collect the initial contribution
to the working capital account and forward such funds to the Association. Additionally, at the
closing, each purchaser of a Lot is required to pay a pro-rata share of the Regular Assessment
due in the month of closing.
Section 5.4 Individual Assessment. In the event that the need for maintenance,
repair or replacement of any improvement on the Property, for which the Association has the
maintenance, repair and/or replacement obligation, is caused through the willful or negligent act
of an Owner, his family, his pet(s), Resident, the cost of such maintenance, repairs or
replacements shall be paid by such Owner. The Board shall have the maintenance, repair or
replacement done and the cost thereof shall be provided by the Board to said Owner and shall be
paid by said Owner within thirty (30) days thereafter, unless an earlier date is otherwise set forth
herein.
Section 5.5 Date of Commencement of Assessments; Due Dates; Determination of
Regular Assessments; Fine Assessments.
5.5.1 The monthly Regular Assessment provided for herein shall commence
as to each Owner of a Lot, except Declarant, on the first day following the initial
conveyance of the Dwelling Unit to the Owner and shall be adjusted according to the
number of days remaining in the month. The Declarant, its successors and assigns, shall
not be required to pay the Regular Assessment for any Lot which it owns until such time
as Declarant transfers the Lot to a third party. The Board of Directors shall fix the
amount of the monthly Regular Assessment to be paid by each Class A Member against
each Lot at the beginning of each calendar year. Written notice of the monthly Regular
Assessment shall be sent to every Class A Member subject thereto. The Board of
Directors shall establish the due dates.
5.5.2 The Board of Directors, or an adjudicatory panel established by the
Board of Directors, may levy a reasonable Fine Assessment, as a fine or penalty for
violation of this Declaration, all in accordance with the Planned Community Act. A lien
may be filed for this Fine Assessment and this Fine Assessment may be enforced by
foreclosure and otherwise treated as a Regular Assessment.
5.5.3 If the Association is paying the water and/or sewer bill(s) for the
Subdivision or any Lot Owner within the Subdivision, the Association may assess each
Lot Owner benefited for its share of the water and/or sewer bill(s). Each Lot Owner shall
bear an equal share of the bill, but the Association can assess an extra amount against a
Lot Owner to recover the cost of any extraordinary amount of water used by that Lot
Owner. "Extraordinary" shall be as determined by the discretion by the Board of
Directors. The Assessment for water and sewer shall be part of the Regular Assessment
and shall be considered a Common Expense.
5.5.4 Both Regular and Special Assessments for a Lot Owner shall be
determined by the Association based upon the proportion that each Lot bears to the
aggregate number of Lots located on the Property, except those owned by Declarant
which are not assessed in accordance with Section 5.5.1 above. The Association's
governing body may, at its discretion, waive the Regular Assessment for any year or part
of a year for any Lot not occupied as a residence.
Section 5.6 Billin . The Association shall inform each Lot Owner of the amount
of the total Regular Assessment due from the Owner of that particular Lot. This Regular
Assessment may be paid in monthly installments or as otherwise required by the Association.
The Owner of each Lot must pay his Lot's required Regular Assessment in advance on the first
calendar day of each month, unless the Association otherwise directs. Payment is to be made to
such person at such an address as Association determines. Special Assessments are due thirty
(30) days after the bill for the Special Assessment has been mailed or otherwise sent out by
Association, unless the Association otherwise directs. The Owners of the initial Lots in the
Subdivision, except Declarant, shall be obligated to begin paying the Regular Assessment as of
the first day of the initial conveyance of the Lot from Declarant to the Owner. If the Subdivision
is expanded and additional Lots are brought into the Subdivision during a given Assessment
year, those additional Lots shall begin paying the Regular Assessment on the first day of the
initial conveyance of the Lot from Declarant to the Owner.
Section 5.7 Common Surplus. If the Regular Assessment collected in any given
year is in excess of the actual Common Expenses for that year, the Board may, at its sole
discretion (a) return each Owner's share of the Common Surplus; (b) credit each Owner's share
of the Common Surplus to each Owner's payment as for the Regular Assessment for the
following year; or (c) apply the Common Surplus to the reserve.
Section 5.8 Assessment Certificate. The Association shall, upon demand, at any
reasonable time, furnish to any Owner liable for Assessments a certificate in writing signed by an
Officer or other authorized agent of the Association, setting forth the status of said Assessments;
i.e., "current", and if not current, "delinquent" and the amount due. Such certificate shall be
conclusive evidence of the payment of any Assessment therein stated to have been paid. A
reasonable charge to cover labor and materials may be made in advance by the Association for
each certificate.
Section 5.9 Books and Records of the Association. The Association shall keep full
and correct books of account. The Association shall make available to all Lot Owners and the
holders of all first mortgages on Lots, current copies of the books, records and financial
statements of the Association upon reasonable request during normal business hours. All funds
collected by the Association shall be held and expended solely for the purposes designated by
this Declaration and shall be deemed to be held for the use, benefit and account of the
Association and all of the Lot Owners. All books and records must be kept in accordance with
good accounting procedures and must be reviewed at least once a year by an independent
accounting firm.
Section 5.10 Non-Payment of Assessment. Any Assessments levied pursuant to
these covenants which is not paid on the date when due shall be delinquent and shall, together
with such interest and other costs as set out elsewhere in this Declaration, thereupon become a
continuing lien upon the Lot which shall bind the Lot in the hands of the then Owner and the
Owner's successors and assigns.
If the Assessment is not paid within thirty (30) days after the due date, the Assessment
shall bear interest at a reasonable rate of ten percent (10%) per year or at such other reasonable
rate set by Association in its minutes, not to exceed the maximum amount allowed by law, and
the Association may bring an action at law against the Owner personally obligated to pay the
same and/or foreclose the lien against the Lot, in either of which events interest, costs and
reasonable attorneys' fees shall be added to the amount of each Assessment. No Owner may
waive or otherwise escape liability for the Assessments by non-use or waiver of use of the
Common Areas or by abandonment of his Lot.
Section 5.11 Priority of Association Lien. The lien provided for in this Article V
shall take priority over any lien or encumbrance subsequently arising or created, except liens for
real estate taxes and assessments and liens of bona fide first mortgages which have been filed of
record before a claim of this lien hereunder has been docketed in the office of the clerk of
superior court in Pamlico County, and may be foreclosed in the same manner as a mortgage on
real property under power of sale in an action brought by the Association in accordance with the
Planned Community Act. The Association is entitled to recover its reasonable attorneys' fees
and court costs and collection costs, as part of the lien. In any such foreclosure action, the
Association shall be entitled to become a purchaser at the foreclosure sale.
Section 5.12 Disputes as to Common Expenses; Adjustments. Any Owner who
believes that the portion of Common Expenses chargeable to his Lot, for which an assessment
lien has been filed by the Association, has been improperly charged against his or her Lot, may
bring action in an appropriate court of law.
Section 5.13 Purchaser at Foreclosure Sale Subiect to Declaration Bylaws, Rules
and Regulations of the Association. Any purchaser of a Lot at a foreclosure sale shall
automatically become a Member of the Association and shall be subject to all the provisions of
this Declaration, the Bylaws and the Rules and Regulations.
Section 5.14 Non-Liability of Foreclosure Sale Purchaser for Past Due Common
Expenses. When the holder of a first mortgage or first deed of trust of record or other purchaser
of a Lot acquires title to the Lot as a result of foreclosure of the first mortgage first deed of trust
or by deed in lieu of foreclosure, such acquirer of title, his, her or its successors and assigns, shall
not be solely liable for the share of the Common Expenses or other Assessments by the
Association chargeable to such Lot which became due prior to the acquisition of title to the Lot
by such acquirer, other than Assessments for which a claim of lien has been docketed with the
Pamlico County clerk of superior court prior to the recordation of the lien being foreclosed.
Such unpaid share of Common Expenses or Assessments shall be deemed to be Common
Expenses collectible from all of the Lots, including that of such acquirer, his, her or its
successors or assigns. This provision shall not relieve the party acquiring title or any subsequent
Owner of the subject Lot from paying future Assessments.
Section 5.15 Liability for Assessments Upon Voluntary Conveyance. In a
voluntary conveyance of a Lot, any grantee or his or her first mortgagee shall inform the Board
of Directors in writing of such contemplated conveyance and such grantee or first mortgagee
shall be entitled to a statement from the Board of Directors of the Association setting forth the
amount of all unpaid Assessments (including current Assessments) against the grantor due the
Association. Neither the grantee nor the mortgagee shall be personally obligated for any
delinquent Assessments, but such delinquent Assessments, along with interest, late charges, costs
and reasonable attorneys fees shall be a lien against the Lot in accordance with Section 5.10 and
Section 5.11 herein.
Section 5.16 Late Charge. The Association may impose a charge against any Lot
Owner who fails to pay any amount assessed by the Association against his Lot within ten (10)
days after such Assessments are due and payable and who fails to exercise his rights under this
Declaration or under the laws of the State of North Carolina to successfully contest such
Assessment. The amount of the late charge shall be the greater of (a) twenty and 00/100 Dollars
($20.00), or (b) twenty percent (20%) of the delinquent amount, or such other amount as may be
determined by the Association from time to time. Additionally, if a Lot Owner shall be in
Default in payment of an installment upon an assessment or of a single monthly assessment, the
Association has the right to accelerate all monthly Assessments remaining due in the current
fiscal year. The total of such Assessments, together with the delinquent Assessments shall then
be due and payable by the Lot Owner no later than ten (10) days after the delivery of written
notice of such acceleration to the Lot Owner or twenty (20 days) days after mailing of such
notice to him by certified mail, whichever occurs first. If such acceleration amount is not paid
by the due date, the above-described late charge may be imposed on the part of such accelerated
amount not paid by the due date.
Section 5.17 Miscellaneous.
5.17.1 The Association may change the interest rate due on delinquent
Assessments (including any late charges), except that the rate cannot be changed more
often than once every six (6) months. As of its effective date, the new interest rate will
apply to all Assessments then delinquent.
5.17.2 The Owner has the sole responsibility of keeping the Association
informed of the Owner's current address if different from the Lot owned. Otherwise
notice sent by Association to the Lot is sufficient for any notice requirement under this
Declaration.
5.17.3 The lien under this Article V arises automatically, and no notice of lien
need be recorded to make the lien effective.
5.17.4 The Assessment lien includes all collection costs, including demand
letters, preparation of documents, reasonable attorneys' fees, court costs, filing fees,
collection fees, and any other expenses incurred by the Association in enforcing or
collecting the Assessment.
5.17.5 Any Assessment otherwise payable in installments shall become
immediately due and payable in full without notice upon Default in the payment of any
installment. The acceleration shall be at the discretion of the Board.
5.17.6 No Owner of a Lot may exempt himself or herself from liability for his
or her contribution toward the Common Expenses by waiver of the use or enjoyment of
any of the Common Areas or by the abandonment of his or her Lot.
5.17.7 This Section 5.17 applies to every type of Assessment.
ARTICLE VI
EASEMENTS AND ENCUMBRANCES
Section 6.1 Easement for Encroachments. All utility lines, and all other
improvements as originally constructed by or on behalf of Declarant or its assigns shall have an
easement to encroach upon any setback, Lot or Common Area as a result of the location of the
utility lines and other improvements across boundary lines between and along Lots and/or the
Common Areas, or as a result of improvement movement or alterations or additions from time to
time, provided that such alterations or additions have complied with the requirements of this
Declaration.
Section 6.2 Lot's Utility Easements. Easements are granted in favor of each Lot
Owner to and throughout the Common Areas and, if necessary, the setback areas of any other
Lots, as may be necessary for the installation, maintenance, repair and use of utilities and
services including power and communication, now or hereafter existing, including maintaining,
repairing and replacing any pipes, wires, ducts, conduits, equipment, fixtures, utility, power or
communication lines or equipment, or other components. The foregoing notwithstanding, no Lot
Owner (other than Declarant) may exercise the easement rights reserved in this Section 6.2
without the prior written approval of the Board as described in Section 6.6 below and the
Declarant, so long as it owns a Lot in the Subdivision.
Section 6.3 Utility Easements. Easements are reserved and/or granted hereby in
favor of the Declarant and/or the Association through each Lot (provided that such easements
shall not materially and unreasonably interfere with the use of any dwelling located upon any
Lot) and the Common Areas for the purpose of installing, laying, maintaining, repairing and
replacing any pipes, wires, ducts, conduits, equipment, fixtures, utility, power or communication
lines or equipment, or other components throughout the Common Areas. Without limiting any
other provision in this Article 6, it is understood that Declarant's easement rights reserved herein
may be utilized for the benefit of property within or outside of the Subdivision. Each Lot Owner
and/or his respective mortgagee by acceptance of a deed conveying such ownership interest and
each mortgagee encumbering such ownership interest, as the case may be, hereby irrevocably
appoint Declarant, or the Association, as the case may be, as his attorney in fact, coupled with an
interest, and authorize, direct and empower such attorney, at the option of the attorney, to
execute, acknowledge and record for and in the name of such Lot Owner and his mortgagee,
such easements or other instruments as may be necessary to effect the purpose of this Section
6.3. The easements may be assigned and/or granted by the Declarant and/or the Association to
any utility or service company.
Section 6.4 General Easements. An easement is hereby reserved and/or granted in
favor of the Declarant and/or the Association in, on, over and through the Common Areas, the
Lots and/or Dwelling Units for the purposes of maintaining, cleaning, repairing, improving,
regulating, operating, policing, replacing and otherwise dealing with the Common Areas, Lots
and/or Dwelling Units, including all improvements thereon as required or permitted by the
Constituent Documents or applicable law. An easement is hereby reserved in favor of Declarant
over the Common Areas for the purpose of advertising or promoting sales of Lots.
Section 6.5 Access Easement. Appurtenant to each Lot is an easement over any
Common Area for necessary pedestrian and vehicular ingress and egress to and from any such
Lot over the Common Areas, to and from a thoroughfare. The easement shall be over such
walkways, driveways, or other ways as are designated by the Declarant and/or the Association
and shall be subject to the terms of the Constituent Documents.
Section 6.6 Use of Easement. Any use of the rights and easements granted and
reserved in this Article VI shall be reasonable. If any damage, destruction, or disturbance occurs
to a Lot or Common Area as a result of the use of any easement or right, the Lot or Common
Area shall be restored by, or at the direction of, the Association promptly in a reasonable manner
at the expense of the person or persons making the use of the easement or right that resulted in
the damage, destruction or disturbance. Before beginning work, Association may require all or
any part of the expected expense to be prepaid by that person or those persons liable for the
expense. Additionally, should any Lot Owner other than Declarant elect to exercise its easement
rights hereunder, it shall be required to obtain the Board's prior written approval (not to be
unreasonably withheld), after providing the Board with detailed plans of its proposed work, as
well as evidence of appropriate insurance and other such reasonable information or assurances as
the Board may require. No easement may be granted across, through, over, or under any Lot or
Common Area, which materially restricts ingress and egress to the Lot or Common Area, unless
reasonable alternate ingress and egress is provided or unless the restrictions is only temporary.
All easements reserved hereunder shall be perpetual and non-exclusive.
Section 6.7 Reservation of Access Easement by Declarant. Declarant reserves an
easement for itself, its grantees, successor and assigns, to enter upon the Subdivision for access,
including ingress and egress for both vehicles and pedestrians, to and from any public street,
road, land, walkway or right-of-way. The easement shall be over the streets, sidewalks, bridges
and other access ways of the Subdivision. Declarant further reserves the right to connect, at
Declarant's expense, to any street, roadway, walkway or other means of access that are located
on the Common Areas of the Subdivision. This reservation of access easements and the right of
connection should be construed liberally in favor of the Declarant, in order to facilitate the
development of all or any portion of Bairds Creek Landing.
Section 6.8 Easements to Run with Land. All easements and rights described in
this Article VI are easements appurtenant, running with the land, perpetually in full force and
effect, and at all times shall inure to the benefit of and be binding on the Declarant, its successors
and assigns, and any Owner, purchaser, mortgagee, and other person or entity now or hereafter
having an interest in the Subdivision, or any part or portion of it.
Section 6.9 Reference to Easements and Deeds. Reference in the respective deeds
of conveyance or any mortgage or trust deed or other evidence of obligation, to the easements
and rights described in this Declaration, shall be sufficient to create and reserve such easements
and rights to the respective grantees, mortgagees and trustees in said instruments as fully and
completely as those such easements and rights were recited fully and set forth in their entirety in
such instruments.
ARTICLE VII
ASSOCIATION
Section 7.1 Association. The administration of the Subdivision shall be vested in
the Association. The Owner of any Lot, upon acquiring title, shall automatically become a
Member of the Association and shall remain a Member until such time as his ownership of such
Lot ceases for any reason, at which time his membership in the Association shall automatically
cease. The Association shall have full power and responsibility to administer, operate, sustain,
maintain, and govern the Subdivision including but not limited to, the powers and
responsibilities to make prudent investments of funds held by it; to make reasonable Rules and
Regulations; to borrow money; to make Assessments; to bring lawsuits and defend lawsuits; to
enter into contracts; to enforce all of the provisions of this Declaration, the Bylaws and any other
documents or instruments relating to the establishment, existence, operation, alternation of the
Subdivision. The powers of the Association shall be construed liberally and shall include,
without limitation, all of the powers set forth in Section 47F-3-102 of the Planned Community
Act.
Section 7.2 Board of Directors. Unless otherwise specifically stated in this
Declaration, the Association shall act exclusively through its Board of Directors (the "Board").
The Association in accordance with the Bylaws shall choose the Board. The Board shall be
authorized to delegate the administration of its duties and powers by written contract to a
managing agent or administrator employed for that purpose by the Board.
Section 7.3 Limitations on Association's Duties .
7.3.1 The Association did not construct the improvements, including the
Dwelling Units. The Association does not warrant in any way or for any purpose, the
improvements in the Subdivision. Construction defects are not the responsibility of the
Association.
7.3.2 The Association shall have a reasonable time in which to make any
repair or do any other work, which it is required to do under the Constituent Documents.
The Association must first have actual knowledge of a problem. Any determination of
the reasonableness of the Association's response, must allow for the facts that the
Association is volunteer and that the funds available to the Association are limited.
7.3.3 In case of ambiguity or omission, the Board may interpret the
Declaration and the other Constituent Documents, and the Board's interpretation shall be
final if made without malice or fraud. Notwithstanding the foregoing, the Declarant may
overrule any interpretation affecting it, for so long as Declarant owns any portion of the
Property or any portion of the Condominium; and such
interpretation cannot be enforce against the Declarant, its successors or assigns
ARTICLE VIII
HARMONY, ENVIRONMENTAL CONTROLS
Section 8.1 Architectural Control Committee. No building, fence, electric pet
fence, sidewalk, drive, mailbox, or other structure, or improvement or anything attached thereto
visible from the outside of the structure or improvement (including, without limitation, storm
doors, windows, drapes or window coverings) shall be erected, placed, altered, or maintained
within the Subdivision nor shall any exterior addition to or change (including any change in
color) or alteration therein be made until the proposed building plans, specifications, exterior
color and finish, plot plans (showing the proposed location of such building or structure, drives
and parking areas), general contractor and all subcontractors, and construction schedule shall
have been submitted to and approved in writing by the Board of Directors of the Association.
Refusal of approval of plans, location or specification by said Board of Directors or architectural
control committee may be based upon any reasonable ground, including, without limitation, lack
of harmony of external design, color, location or relation to surrounding structures and
topography and purely aesthetic considerations which, in the discretion of said Board of
Directors or architectural control committee shall deem sufficient. After approval by the Board
of Directors is given, no alterations may be made in such plans except by and with their prior
written consent. One copy of all plans, specifications and related data shall be furnished the
Board of Directors or architectural control committee for its records. No mobile homes are
allowed and only modular homes which have the written approval of the Association are
allowed to be erected on a Lot.
ARTICLE IX
USE RESTRICTIONS
Section 9.1 Use and Occupancy. The Association shall make Rules and
Regulations to govern the use and occupancy of the Subdivision. In addition, the following
covenants, conditions, and restrictions, as to use and occupancy shall run with the land and shall
be binding upon each Lot Owner, his heirs, tenants, licensees and assigns.
Section 9.2 Purpose of Subdivision. Except as otherwise provided in this
Declaration, no part of the Subdivision shall be used for other than housing and the common
recreational purposes for which the property was designed, and each Lot shall be used only for
residential purposes, unless the Board of Directors authorizes some other use. No business, trade,
industry, occupation or profession of any kind, whether for profit or not for profit, may be
conducted, maintained, or permitted on any part of the Subdivision property. To the extent
permitted by law, an Owner may use a portion of his or her Dwelling Unit for an office or studio
(other than a music and/or dance studio) provided that the activities conducted therein shall not
interfere with the quiet enjoyment or comfort of any other owner or occupant; and provided
further that such activities do not increase the normal flow of traffic or individuals in and out of
the Subdivision or in and out of said Owner's Lot.
Section 9.3 Obstruction of Common Areas. There shall be no storage or parking
of any items, including baby carriages, playpens, bicycles, wagons, toys, vehicles, benches or
chairs in any part of the Common Areas, except as permitted by the Rules and Regulations.
Patios porches (except screened in and/or enclosed porches) and decks, may be used only for
their intended purposes.
Section 9.4 Parking. Except for vehicles being used by persons providing services
to the Declarant, the Association, the Lot Owners or otherwise used or authorized to be used at
the Subdivision by the Declarant, no part of the Subdivision may be used for the parking of any
trailer coach, house trailer, mobile home, automobile trailer, motorcycle, camp car, recreational
vehicle, camper, truck which exceeds 3/4 ton, boat, boat trailer, or any vehicle with letters or
other markings over four inches tall or wide, or any other similar vehicle (collectively, "Special
Vehicles"), unless such Special Vehicles are parked in the garage of the Lot Owner who owns
such Special Vehicle or hidden from the view of other Dwelling Units by plantings or other
approved screening. Operative vehicles, other than Special Vehicles, used by a resident of a Lot
as a primary source of transportation may be parked in the driveway of such Lot Owner or in any
garage space owned by the Owner of such Lot. However, the residents of any one Lot may not
collectively park more than four (4) operative vehicles other than Special Vehicles in the
Subdivision unless again hidden from view. Inoperative vehicles may not be parked within the
Subdivision unless these inoperative vehicles are parked in the garage or hidden from view..
Section 9.5 Animals and Pets. No animals of any kind shall be raised, bred, or
kept on any Lot or in any Dwelling Unit or in the Common Areas, except that two dogs, two cats
or one of each, or two other household pets may be kept in a Dwelling Unit, subject to the Rules
and Regulations, provided that it is not kept, bred or maintained for any commercial purpose, and
that it is kept subject to the Rules and Regulations of the Association. No Lot Owner shall install
a fence and/or electric fence on any portion of the Common Area without the prior written
consent of the Board. No pet may be "staked", housed, tied up or otherwise left in any Common
Area. Notwithstanding the above, the Association shall have the right to promulgate Rules and
Regulations pertaining to the size, number and type of such household pets and the right to levy
fines and enforcement charges against persons who do not clean up after their pets.
Additionally, the right of an occupant to maintain an animal in a Dwelling Unit shall be subject
to termination if the Board in its full and complete discretion, determines that maintenance of the
animal constitutes a nuisance or creates a detrimental effect on the Subdivision or occupants. No
dog house or other structure used or intended for the housing or keeping of animals may be
constructed, placed or maintained on any part of the Common Areas.
Section 9.6 Nuisances. No noxious or offensive activity shall be carried on in any
Dwelling Unit or in the Common Areas or on the Lot of an Owner, nor shall anything be done
therein, either willfully or negligently, which may be or become an annoyance or nuisance to the
other Lot Owners or occupants.
Section 9.7 Laundry or Rubbish and Open Fires in Common Areas and Facilities.
No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out or exposed on
any part of the Common Areas, or on any Lot in a manner visible from any Common Area,
neighboring Lot or street. The Common Areas shall be kept free and clear of rubbish, debris and
other unsightly materials. All trash, garbage or other rubbish shall be deposited only in covered
sanitary containers as provided in Section 10.14 below. No open fires shall be permitted on any
part of the Subdivision other than fires in charcoal grills or other similar cooking devices located
upon Lots, provided the use of such devices does not violate any local governmental rules or
regulations.
Section 9.8 Trash Disposal. Each Lot Owner shall deposit all trash, garbage, or
other rubbish by as directed and instructed by the Board. Lot Owners shall keep trash containers
at all times in each Lot Owner's garage (if applicable), or in such other location as designated by
the Board, except on the days which trash, garbage, or other rubbish is collected by the local
waste removal authorities. Any trash containers placed outside by the Lot Owners in the location
designated for collection by the local waste removal authorities shall only remain in such
location for a period not to exceed twenty-four (24) hours. The Board shall have the right to
dispose of any trash, garbage, or other rubbish of a Lot Owner in violation of this Article X, and
may assess the Lot Owner for the cost of such removal, which amount shall be payable on the
date the next installment of the regular assessment is due.
Section 9.9 Nondiscrimination. No owner (including the Declarant), or any
employee, agent or representative thereof, shall discriminate upon the basis of sex, race, age,
color, creed or national origin in the sale, lease or rental of any Lot nor in the use of the Common
Areas.
ARTICLE X
ENFORCEMENT
Section 10.1 Enforcement.
10.1.1 The Association or any Lot Owner may enforce these covenants,
conditions and restrictions. Enforcement of these covenants, conditions and restrictions
shall be by any proceeding at law or in equity against any person or persons violating or
attempting to violate ("Violating Party") any covenant, condition or restriction, either to
restrain or enjoin violation or to recover damages, and against the land to enforce any lien
created by these covenants. In addition to all other amounts due on account of said
violation or attempted violation, the Violating Party shall be liable to the parties
enforcing the covenants and/or restrictions of this Declaration (the "Enforcing Parties")
for all reasonable attorney's fees and court costs incurred by the Enforcing Parties.
Failure or forbearance by the Association or any Owner to enforce any covenant,
condition or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter. In any lawsuit filed to enforce this Declaration by injunction or
restraint, there shall be and there is hereby created and declared to be a conclusive
presumption that any violation or breach or any attempted violation or breach of any of
the within covenants, conditions or restrictions cannot be adequately remedied by action
at law or by recovery of damages.
10.1.2 In addition to all other remedies of the Association, the Association
shall have the right to assess a maximum fine of $150.00 per day (or such higher amount
as may be allowed by law) per violation against any Owner who violates any provision of
this Declaration or the Articles, Bylaws or Rules and Regulations of the Association after
such Owner has been given notice of the violation and an opportunity to be heard with
respect to the violation in accordance with such policies and procedures as may be
adopted from time to time by the Board of Directors or as may be set forth in the Bylaws.
10.1.3 In addition to the above rights, the Association may also enter upon a
Lot or any land upon which a violation exists to remove any violation, perform
maintenance or make repairs thereon which is the responsibility of a Lot Owner who has
failed to remove said violation or to perform such maintenance or make such repairs (i)
after having given such owner at least ten (10) days prior notice, or (ii) without giving
notice in the event of an emergency.
Any action brought by the Association hereunder may be brought in its own name, in the
name of its Board or in the name of its managing agent. In any case of flagrant or repeated
violation by a Lot Owner, he or she may be required by the Association to give sufficient surety
or sureties for his or her future compliance with the covenants, conditions and restrictions
contained in this Declaration, the Bylaws and the Rules and Regulations.
Section 10.2 Severability. Invalidation of any one of these covenants, conditions or
restrictions by judgment or court order shall in no way affect any other provisions, which shall
remain in full force and effect.
Section 10.3 Restrictions Run With Land. The easements or other permanent rights
or interests are herein created, the covenants and restrictions of this Declaration shall run with
and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the
Owner of any Dwelling Unit subject to this Declaration, their respective legal representatives,
heirs, successors, and assigns.
Section 10.4 Amendment. The Association (the Declarant controlling the
Association until the expiration of the Development Period) may amend this Declaration at any
time, as long as consistent with the design, scheme and purposes of this Declaration, by the
affirmative vote or written agreement of the Owners to whom not less than seventy-five percent
(75%) of all of the votes in the Association are allocated in accordance with Section 4.4 and
Section 4.5 above. Any amendment must be recorded in the Pamlico County Register of Deeds.
Following the end of the Development Period, no such agreement to amend, in whole or in part,
shall be effective unless written notice of the proposed amendment is sent to every Member at
least thirty (30) days in advance of any action taken, and no such amendment shall be effective
with respect to any permanent easements or other permanent rights or interests relating to the
Common Areas herein created (unless such amendment is consented to in writing by Declarant
and all other beneficiaries of such permanent easements, rights of interests).
Section 10.5 Reservation of Special Declarant Rights. Declarant shall have the right
to annex additional Lots or Common Areas into the Subdivision by filing a supplement to this
Declaration in the Pamlico County Public Registry together with an amendment to the Plat (if
applicable). Such additional Lots or Common Areas need not be contiguous to the Property.
Declarant shall have the right to assign all or a portion of any rights or easements reserved herein
by a written assignment thereof, recorded in the Pamlico County Public Registry.
Section 10.6 Binding Determination. In the event of any dispute or disagreement
with or between any Owner(s) relating to, or of any other disputes, disagreements or questions
regarding, the interpretation or application of the provisions of this Declaration or the Articles or
Bylaws of the Association, the determination thereof (i) by Declarant for so long as Declarant
retains control of the Association; and (ii) thereafter by the Board of Directors of the Association
shall be final and binding on each and all such Owners; providing that any determination which
directly or indirectly affects Declarant shall require Declarant's prior consent to become binding
upon Declarant.
Section 10.7 Captions and Titles. All captions, titles or headings in this Declaration
are for the purpose of reference and convenience only and are not deemed to limit, modify or
otherwise affect any of the provisions hereof, or to be used in determining the intent or context
thereof.
Section 10.8 Notices. Except as otherwise provided in this Declaration, any notice
to any Owner under this Declaration shall be in writing, shall be effective on the earlier of (1) the
date when received by such Owner, or (ii) the date which is three days after mailing (postage
prepaid) to the last address of such Owner set forth in the books of the Association. The address
of an Owner shall be at his Lot (or any of them if more than one) unless otherwise specified in
writing to the Association. The Articles and Bylaws shall specify the permissible manner of
giving notice for voting and all other Association matters for which the manner of giving notice
is not prescribed in this Declaration.
Section 10.9 Governing. Law. This Declaration shall be deemed to be made under,
and shall be construed in accordance with and shall be governed by, the laws of the State of
North Carolina, and suit to enforce any provision hereof or to obtain any remedy with respect
hereto shall be brought in state court in Pamlico County, and for this purpose each Owner by
becoming such hereby expressly and irrevocably consents to the jurisdiction of said court.
ARTICLE XI
AREAS OF ENVIRONMENTAL CONCERN
A. The Property contains areas shown on the Plat as "Sect. 404" ("404s"). These are areas
which are environmentally sensitive and are to be maintained in their natural condition, and are subject
to the rules and regulations of the Department of the Army pursuant to an Action ID permit
issued by the Wilmington District Corps of Engineers (Corps) required to mitigate for unavoidable
impacts to waters of the Unite States authorized by that permit, and this portion of the Declaration is
also enforceable by the United States of America.
B. Any activity on, or use of, 404s therefore inconsistent with the purposes of this Declaration is
prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted
from any development or use that would impair or interfere with the conservation purposes of this
Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
a. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the 404s or any introduction of non-
native plants and/or animal species is prohibited.
b. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or
any other temporary or permanent structure or facility on or above the
404s.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are
prohibited.
d. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and hort61cultural use of the 404s are prohibited.
e. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation on the 404s.
£ Roads and Trails. There shall be no construction of roads, trails or
walkways on the 404s.
g. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values
of the 404s, signs giving directions or proscribing rules and regulations for
the use of the 404s and/or signs identifying the Grantor as owner of the
property.
h. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous
substances, or toxic or hazardous waster, or any placement of underground
or aboveground storage tanks or other materials on the 404s is prohibited.
Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand,
gravel, rock, peat minerals or other materials, and no change in the
topography of the land in any manner on the 404s, except to restore
natural topography or drainage patterns.
Water Quality and Drainage Patter. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related
activities, or altering or tampering with water control structures or devices,
or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of
surface or underground water into, within or out of the easement area by
any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
k. Development Rights. No development rights that have been encumbered
or extinguished by this Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development
arrangement or otherwise.
Vehicles. The operation of mechanized vehicles, including, but not
limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is
prohibited.
in. Other Prohibitions. Any other use of, or activity on, the Property which is
or may become inconsistent with the purposes of this grant, the
preservation of the 404s substantially in its natural condition, or the
protection of its environmental systems, is prohibited.
n. This portion of the Declaration is intended to ensure continued compliance
with the mitigation condition of authorizations issued by the United States
of America, U.S. Army Corps of Engineers, Wilmington District, and
therefore may be enforced by the United States of America. This
covenant is to run with the land and shall be binding on all parties and all
persons claiming under the Declarant.
o. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Section 404 areas at reasonable
times for the purpose of inspecting the 404s to determine whether the
Delcarant, Declarant's representatives, or assigns are complying with the
terms, conditions and restrictions of this Declaration.
P. Nothing contained in the Declaration shall be construed to entitle Corps to
bring any action against Declarant for any injury or change in the said
areas caused by third parties, resulting from causes beyond the Declarant's
control, including, without limitation, fire, flood, storm, and earth
movement, or from any prudent action taken in good faith by the
Declarant under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage to 404s or harm to the Property resulting
from such causes.
q. These environmental restrictions do not convey to the public the right to
enter the 404s for any purpose whatsoever.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of
the day and year first above written.
a
BY:
STATE OF NORTH CAROLINA
COUNTY OF PAMLICO
, President
This day of , 2008, personally came before me
Notary Public of County,
State of , who, being by me
duly sworn, says that he/she is President of , a North
Carolina corporation, and that the seal affixed to the foregoing instrument in writing is the
corporate seal of said corporation, and that said writing was signed and sealed by him/her in
behalf of said corporation by its authority duly given. And the President
acknowledged the said writing to be the act and deed of said corporation.
200
Witness my hand and official stamp or seal this day of
Notary Public
My commission expires:
[NOTARIAL SEAL]
CLT 657258v1
EXHIBIT A
Legal Description
BEING located in Pamlico County, North Carolina, and being more particularly depicted as four
(4) subdivided residential building Lots, together with associated Common Areas on a plat of
survey entitled "Bairds Creek Landing" prepared by Dennis A. Fornes dated
and recorded in Map Cabinet A on Slide , Pamlico County Registry.
CLT 657258v1
CONSENT OF MORTGAGEE
, an banking corporation and the holder of a deed of trust
recorded in the Office of the County, North Carolina Register of
Deeds, in Book , Page , and , in his/her capacity as
trustee under the aforesaid deed of trust, hereby consent to the execution and delivery of the
foregoing Declaration of Covenants, Conditions and Restrictions, with exhibits thereto (the
"Declaration"), and to the filing thereof, in the office of the County Recorder of
County, North Carolina, and further subject and subordinate the
above-described deed of trust to the provisions of the foregoing Declaration with attached
exhibits (including, without limitation, any easements reserved therein).
IN WITNESS WHEREOF, , by its authorized officer, and the
undersigned Trustee have caused this Consent to be executed this day of ,
20

STATE OF )
COUNTY OF )
ss:
By:_
Name:
Title:
Name:
Title:
Trustee under the aforesaid Deed of Trust
I, , a Notary Public of County, State of
certify that , personally came before me this day
and, being duly sworn, acknowledged that he/she is President of
, an corporation and that the seal affixed to the foregoing
instrument in writing is the corporate seal of said corporation, and that said writing was signed
and sealed by him/her in behalf of said corporation by its authority duly given. And the
President acknowledged the said writing to be the act and deed of said corporation.
Witness my hand and official stamp or seal this day of
2002.
My Commission Expires:
Notary Public
[NOTARY SEAL]
STATE OF )
: ss:
COUNTY OF )
I, , a Notary Public of County, State
of do hereby certify that , Trustee,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal this day of
2002.
My Commission Expires:
Notary Public
[NOTARY SEAL]
CLT 657258vl
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