20051501 Ver 1_More Info Received_20081215

DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
THE MANOR AT MILL CREEK
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE
MANOR AT MILL CREEK is made this the _day of May, 2007, by Manor
Ventures, LLC, ("Declarant"), and any and all persons, partnerships, corporations,
or other entities hereinafter acquiring any of the within described property and any
of the property hereinafter made subject to this Declaration of Covenants and
Restrictions For The Manor at Mill Creek, (the "Declaration.")
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Pender County,
North Carolina known as The Manor at Mill Creek, a residential subdivision; and
WHEREAS, The Manor at Mill Creek is more particularly described by plat(s)
thereof recorded in Map Book(s)' at Page(s) % T. in the Office of the
Register of Deeds for Pender County to which reference is hereby made for a more
complete description; and maps for additional sections or lots made a part of this
subdivision may be recorded at a later date; and
WHEREAS, the forty (40) lots, (the "Lots"), and common area, (the "Common
Area"), comprising The Manor at Mill Creek are so situated as to comprise a
neighborhood unit, and it is the intent and purpose of Declarant to convey the
aforesaid Lots to persons who will erect thereon residences to be used for family
purposes, subject to the provisions hereinafter set forth; and
WHEREAS, Declarant has determined to establish a general plan of development
to restrict the use and occupancy of the Lots, the Common Area, and all
improvements, (the "Improvements"), constructed thereon, (the Lots, the Common
Area and the Improvements are sometimes hereinafter referred to as the
"Property"), which general plan is contained within this Declaration, the Articles
of Incorporation of The Manor at Mill Creek HOA, Inc., (the "Association"), and
the bylaws of the Association, (the "Bylaws"), recorded separately in the Office of
the Register of Deeds for Pender County, and which is incorporated herein by
reference as if fully set forth, all for the benefit, protection, and preservation of
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value of the Property and for the mutual protection, welfare, and benefit of the
present and the future Owners thereof; and
WHEREAS, Declarant has or will file and record separately with the Register of
Deeds for Pender County a Subdivision Street Disclosure Statement, which is
incorporated herein by reference as if fully set forth; and
NOW, THEREFORE, in accordance with the recitals which by this reference are
made a substantive part hereof, Declarant declares that all of the Property
described herein (and all future property that may be made a part hereof in the
manner set forth below) is made subject to this Declaration, the Articles of
Incorporation, and the Bylaws and shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the
purpose of protecting the value and desirability of The Manor at Mill Creek as it
now exists, and that such easements, restrictions, covenants and conditions shall
burden and be appurtenant to and run with said Property and be binding on all
parties now or hereafter owning said Property and their respective heirs, successors
and assigns, having any right, title or interest in the properties now or hereafter
subjected to this Declaration and the Bylaws, or any part thereof, and shall inure to
the benefit of each Owner thereof and their respective heirs, successors and
assigns.
ARTICLE 1
PROPERTY SUBJECT TO THIS DECLARATION
1. Property Presently Subject To This Declaration. The Manor at Mill
Creek, the real property which is, and shall be held, transferred, sold, conveyed and
occupied subject to this Declaration and the Bylaws, is located in Pender County,
North Carolina, as set forth on Exhibit A, which is attached hereto and
incorporated herein by reference. The Manor at Mill Creek may be developed in
phases, and the first Lots to be made subject to this Declaration and Bylaws,
("Phase I") are Lots 1, 2, 3, 3a, 4, 4a, 5, 5a, 6, 6a, 7, 7a, 8, 8a, 9, 9a, 10, 10a, 11,
125 16, 17, 18, 19, 20, 21, 22, 23, 27, 29, 32, 33, 34, 35, 36, 37, 38, 39, and 40 as
shown on plat(s) recorded in Map Book(s) q_ and Page(s) in the Office
of the Register of Deeds for Pender County, (the "Final Plat"). Lots 3a, 4a, 5a, 6a,
7a, 8a, 9a, and 10a are off-site septic lots, (the Off-Site Septic Lots"), for the sole
and exclusive purpose of the installation of repair and/or initial septic fields and
off-site septic systems, (the "Off-Site Septic Systems"). The Final Plat for The
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Manor at Mill Creek is being recorded in phases to reflect those Lots that have
received final preliminary approval from Pender County, and Declarant anticipates
recording an amended Final Plat adding Lots 13, 13a, 14, 14a, 15, 15a, 24, 25, 26,
28, 28a, 30, and 31, and potentially additional Off-Site Septic Lots for some of
these Lots at a future date, ("Phase II"). Upon recording of an amended Final Plat
adding any or all of the Phase II Lots to The Manor at Mill Creek, said Lots shall
become subject to this Declaration, the Articles of Incorporation, and the Bylaws
without the recording of any amendment or supplement to this Declaration the
Articles of Incorporation, or the Bylaws.
2. Additions To Existing Property. In addition to the Phase II Lots,
Declarant, at its sole and complete discretion, may bring within the scheme of this
Declaration, the Bylaws, and the jurisdiction of the Association, additional real
property and/or improvements without the consent of the Association or its
members. Any such additions shall be made by filing of record a Supplementary
Declaration and Supplementary Bylaws which shall extend the scheme of the
Declaration and the Bylaws, and the jurisdiction of the Association, to such
properties, and thereby subject such additions to assessments for their just share of
the Association's expenses. Such additions, if any, must occur within twenty (20)
years after the date of this instrument.
3. Reserved Easements Through the Property. Declarant, for itself, its
successors or assigns, and the Association, hereby reserves:
(a) Easements through the Property for the installation and
maintenance of utilities, drainage facilities, public or private improvements, and
ingress, egress, and regress thereto are reserved as shown on the Final Plat, or as
established by any other instrument of record, including the right to assess each
Lot Owner for their prorata share of the cost of same.
(b) Drainage easements across the entirety of each Lot, except the
portion covered by the residence on such Lot, for the purpose of installing and
maintaining drainage swales and other facilities, including but not limited to an
easement ten (10) feet in width along the lot lines of all Lots, for installation,
repair, replacement and maintenance of utilities, including the right to keep said
easements free and clear of all obstructions, as well as an easement of twenty (20)
feet reserved for such purposes along the rear lines of all Lots that do not adjoin
other Lots or Common Area within The Manor At Mill Creek.
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(d) A temporary construction easement of twenty-five (25) feet in
width along both sides and running parallel to all streets or roads, which easement
shall expire upon the completion of construction of that particular street or road,
but no later than December 31, 2008.
4. Additional Easements. Declarant, for itself, its successors or assigns, and
the Association, reserves the right to grant onto property Owners of properties
adjacent to or near The Manor At Mill Creek, the right of ingress, egress, and
regress through The Manor At Mill Creek as it now exists or as it may be expanded
as set forth herein. Declarant may grant any such easements without the consent of
the Association.
5. Common Area.
(a) Subject to the conditions set forth herein, each Lot Owner is
hereby granted an easement to pass over, use and enjoy any Fin all Common
(s), and Area
now or subsequently designated as such on the recorded
streets, roads, bridges, and right-of-ways, provided, however, that Declarant, its
successors or assigns, and the Association, shall retain the right to establish rules
and regulations for the use and enjoyment of such easement.
(b) Declarant further reserves to itself, its successors and assigns,
and the Association, the right to erect and maintain utilities, drainways and other
public conveniences in the Common Area, including the right to cut any trees,
bushes or shrubbery, make any grading in the soil, build buildings or take any
similar action reasonable and necessary or desirable to provide economical and
safe installation or service.
(c) Declarant further reserves to its principals and their immediate
families the right to use and enjoy to use the Common Area amenities without
charge.
(d) Declarant makes no representation in this Declaration as to
than the
type, quality, or amount of Common Area and improvements therein shown on the recorded Final Plat and subject to any contractual
said Final Plat and/or
entered into by Declarant prior to the filing ed pherAsso? Association and a third party.
subject to any contractual arrangements bet
However, each Lot Owner shall have an easement of enjoyment in and to the
Common Area, which shall be appurtenant to and shall pass with the title to every
Lot, subject to the aforesaid and the following provisions:

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(i) The right of Declarant to modify the lot lines and
adjacent Common Area shown on any Final Plat of the Prop rty provided said
modifications of Common Area are reasonable in type and amount.
(ii) The right of Declarant, prior to the filing and approval of
a Final Plat, and the Association, after the filing of and approval of said Final Plof
to enter into contractual arrangements with a third party for the construction amenities in or on the Common Area and management of said amenities.
(iii) The Association, or its assigns, and/or any third party
with contractual rights described in subparagraph (ii) above shall
constructed
permit to any person the use of the Common Area and amenities
thereon and may charge reasonable fees and contribution amounts for the use of
the Common Area.
(iv) The Association, or its assigns, and/or any third party
with contractual rights described in subparagraph (ii) above, shall have the right to
suspend any person's use of the Common Area.
(v) The Association shall have the right to dedicate or transfer
all or any part of the Common Area to any public or private entity for such
purposes and subject to such conditions as it deems appropriate.
(vi) The Association shall have the right to mortgage, pledge,
deed in trust, or hypothecate any or all of its real or personal property, including
the Common Area for money borrowed or debts incurred.
party
(vii) The Association, or its assigns, and/or any third
ht to
with contractual rights described in subparagraph (ii) above, shall have he rig
on Area
impose rules and regulations for the use and enjoyment thof the Comm e use of the
Common
constructed thereon, which regulations shall further restrict
Area.
6. The Association. With the exception of the Off-Site Sept shall s, ehthe
shall be maintained by the individual Lot Owner, the Association
duty to repair, replace and maintain all Common Area, including tThe Assn aaod
tin
improvements thereon, and all streets, tone tabla h right-ofeason ble assessments, which
shall have the right, from time to time,
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assessments shall be paid by each Lot Owner in such periodic installments as the
Association shall determine. Such assessments shall be used to pay:
(a) the operation and administrative expense of the Association;
(b) the costs of maintenance, upkeep, replacement and repair of all
streets, roads, right-of-ways and other Common Area and the amenities and
improvements thereon;
(c) other expenses necessary or useful to maintain and operating the
Association and the Common Area, the amenities thereon, including without
limitation, the cost of insurance related to same; and
(d) the costs of exercising any rights or obligations that arise by reason
of any agreement which the Association is permitted to enter into.
7. Off-Site Septic Lots. Certain Lots in Phase I, specifically Lots 3, 4, 5, 6,
7, 8, 9, and 10, cannot be permitted for on-site waste disposal systems and shall be
serviced by Off-Site Septic Systems to be installed on corresponding OaCertain Lots Off-Site in
Septic Lots, specifically Lots 3a, 4a, Sa,713 81491, San and 28, also cannot be
Phase II, including but not limited to, Lots ,
permitted for on-site waste disposal systems and shall be serviced by Off-Site
Septic Systems to be installed on corresponding Off-Site Septic Lots. All Lots to
be serviced by an Off-Site Septic System on Off-Site Septic Lots shall be subject
to the additional provisions of this Section 7.
(a) Each Lot to be serviced by an Off-Site Septic
the System
corresponlding Off-
conveyed with an easement to make use of
Site Septic Lot for the purpose of installing, maintaining and repairing
be Common Area
Off-Site Septic System. Although the Off-Site Septic Lot
owned by the Association, the Owner of each Lot with an Off-Site Septic System
installed on an Off-Site Septic Lot shall be responsible for inSeptic g, mLot. ainNeiing,
and repairing the Off-Site Septic System on the Off Site
Declarant nor the Association shall have any responsibility for installing or
maintaining the individual Off-Site Septic Systems.
(b) The Owner of each Lot with an Off-Site Septic 1 Y tenm? s installed
Off-
an Off-Site Septic Lot shall use its best efforts to maintain all permits for the
Site Septic System in good standing at all times, must install the OSissued by
System in accordance with the permit for such Off-Site Septic System
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the Pender County Health Department, and must maintain and repair said Off-Site
Septic System in full compliance with all legal standards and permit conditions, as
same may be modified from time to time. Further, in constructing, inspecting,
all
shall
maintaining, and repairing said Off-Site Septic System, Grantee
Off-Site Septic
surplus earth, make level the surface of the ground
System restoring the easement area to its original appearance, and interfere as little
as is reasonably possible with said property.
(c) All Lots with Off-Site Septic Systems on corresponding Off- Site
Septic Lots shall be granted a non-exclusive easement across other Lots or
Common Area for the sole purpose of connecting, operating maintaining,
F Final
repairing their Off-Site Septic System, as such easements are shown
Plat.
(d) Other than the Off-Site Septic Systems, no other improvements shall
be permitted upon the Off-Site Septic Lots.
(e) The Owners of Lots with Off-Site Septic Systems installed on Off-
Site Septic Lots shall each deposit with the Association the sum of $1000.00 to be
held in escrow by the Association for the purposes of ensuring the proper operation
and repair of that part of the Off-Site Septic System that is located in any easement
across the property of other Lot Owners or Common area rev Fu a her, the l
Association shall have the right at all times to declare
Assessment charge to the Owners of said Lots to cover the costs of ensuring the collect
proper operation and repair of the Off-Site Septic Sy , and er,
from the Owners of the said Lots sufficient funds to maintain each Lot Owners'
initial escrow account at a total of $1000.00.
(f) All other provision in this Declaration and the Bylaws relating to
construction, operation, maintenance and repair activities are applicable to the Off-
Site Septic Lots and Off-Site Septic Systems, and any damage caused to the
property of other Lot Owners or the Common Area shall be the responsibility of
the Lot Owner causing said damages, the cost of which to repair shall be a lien
upon the Lot, (and any Off-Site Septic System), collectable in accordance with the
provisions of the Bylaws.
(g) In the event Pender County or any other governmental agency
requires that any other type of document be executed by a Lot Owner in order to
effectuate or memorialize the intent of this Declaration, the Bylaws, the
Guidelines, the Off-Site Septic System permits, or the easements on the Final Plat,
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as same relate to the Off-Site Septic Lots or the Off-Site Septic Systems, then the
Lot Owner agrees to execute same.
8. Declarant's Right of Repurchase. Declarant reserves the right, but not the
obligation, in the event that a Lot Owner does not commence construction of a
home within twenty-four (24) months after the closing date, to repurchase the Lot
in cash for the original purchase price plus taxes paid and carrying costs paid as the
result of any bank financing. In the event that Lot Owner chooses to sell the Lot
during this twenty-four (24) month period, the Lot Owner shall notify Declarant in
writing of Lot Owner's intention to sell the Lot a Lo Declarant
Owner within fifteen (15)
repurchase option by sending written notice to the
days after receipt of Declarant's receipt of notice from the Lot Owner. If Declarant
exercises its right to repurchase, the closing to the Lot shall occur within thirty (30)
days after Declarant provides notice to the Lot Owner of its intention to repurchase
the Lot. In the event that Declarant chooses to possiblt exercise Lot Owner rright f
repurchase with respect to any particular Lot, the deed that
at closing shall contain a statement reflecting this option to repurchase.
ARTICLE II
ARCHITECTURAL REVIEW BOARD
1. Creation of the Architectural Review Board. The Bylaws establish the
as a board comprised of three to five
Architectural Review Board, (the "ARB")>
persons who shall be appointed, and may be removed and replaced, at said
discretion of Declarant, so long as any Lots remain unimproved, aothe Assocthereafter iation. ation. The
right of appointment, removal and need not ben Owners af the Lots, and may include
members of the ARB may be, but
architects, engineers, licensed contractors, or similar professionals
may determine
receive such compensation for their services as the Association
appropriate.
2. Necessity of Approval of Architectural Review Board or an ylding,
fence, wall, pool, shed, garage, outbuilding, driveway, landscaping other
accessory feature to the dwelling or any other construction a shall r e commen nt eupon d,
any Lot, regardless of when such improvements are made, erected, applied, placed, maintained, installed, planted o or altered on any
or physi al
combination of contiguous Lots, noshall the grade
Lots, or portions of any Lot
characteristics of any Lot, combination
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or Lots be altered in any way whatsoever, unless complete plans and specifications
therefore, prepared and submitted in accordance with the criteria, requirements,
and guidelines promulgated by the ARB, as well as such other materials and
information as may be required by the ARB, shall have been first submitted to and
approved in writing by the ARB. Further, without prior written approval of the
ARB, no changes or deviations in or from such plans or specifications as approved
shall be made. No alterations in the exterior appearance of any building or
structure, or changes in the grade, elevation or physical characteristics of any Lot
shall be made without like approval by the ARB. Notwithstanding anything
herein to the contrary, Declarant shall be exempt from this requirement with
respect to its development or construction activities in The Manor at Mill Creek.
3. Design Guidelines. Declarant has established a list of criteria,
requirements, and guidelines for the design and construction of all Improvements
at The Manor at Mill Creek, (the "Design Guidelines"), which will be provided to
each purchaser of a Lot prior to the entering into of any contract of sale. All new
Improvements to any Lot, and all modifications to existing Improvements shall
conform to the Design Guidelines unless the ARB has granted a variance in
writing. Until all of the Lots have initially been developed, only Declarant, or its
successors and assigns, may modify, amend, repeal, re tchanges are supplement not
otherwise change the Design Guidelines, provided any such
inconsistent with this Declaration. After all of the Lots have initially been
developed, that power to amend shall pass to the Association, which may delegate
such power to the ARB.
In preparing plans for the construction of any residence or other Improvement
upon a Lot, the Owner must adhere to and comply with the Design Guidelines.
The failure to adhere and comply with requirements of the DesGuidees shall
any
constitute cause for the ARB to deny approval of plans for construction
residence or other Improvement.
4, Procedure for Review by the ARB. Applications or the
the approval of 11
require adwith ditional procedures data from
Improvements shall be made le The ARB may accordance
established in the Design Guidelines.
or any other
any Lot Owner, including data relating to adjacent or related lots,
and related
related matters. Once the ARB has received all plans, specification
data, as well as any additional information or documents it may request from the
Owner, the ARB shall have thirty (30) days to approve, approve with conditions,
or deny the proposed construction or improvement. If no action is taken by the
ARB within thirty (30) days after plans are submitted, the period the A" can act
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will be extended an additional thirty (30) days. If no action is taken by the ARB
within sixty (60) days after complete plans are submitted to it, the Owner may
proceed to build without approval, but in any event all improvements must be in
accordance with this Declaration and the Design Guidelines. In its review of such
plans, specifications and other materials and information, the RB may require
if
that the Owner reimburse the ARB for
for dues asexpenses.
set n forth in the Bylaws.
any, shall be subject to the Association's lien
5. Scope of Review. In reviewing each application and related submissions,
the Design Guidelines shall guide the ARB; however, the Design Guidelines shall
not be the exclusive basis for its decisions and compliance therewith does not
guarantee approval of any application. The ARB shall exercise sconform stn able
judgment to the end that all construction and improvements
harmonize with the existing surroundings, residences, landscaping and structures;
and are in compliance with the Design Guidelines, this Declaration, the recorded
Final Plat, and all other documents for
of the rProperty, as applicable. In
hereafter be approved for all or any portion
addition, the ARB may request input from the adjacent Lot Owners, which input
shall be one consideration of the ARB but which shall not, by itself, be binding or
conclusive. Notwithstanding anything herein to the contrary, the ARB's refusal to
approve any such plans, location or specification, or modificaioeshalrlndee e
based upon any factors that it, in its sole and uncontrolled discretion,
sufficient, including the harmony of the external design and aesthetics with the
the
design and aesthetics of the surrounding structures and environment, Creekwell Each
consistency with the visual themes established hah iO?° in The Manor
at Mill Creek,
Lot Owner, by accepting a deed
acknowledges that determinations as to such matters are subjective ano may vary as to the desirability or attractiveness of particular improvements.
Notwithstanding anything herein to the contrary, prior approvals by the ARB for
construction of any improvements shall not be construed as establishing a
precedent for future approvals or construction.
6. Decision of ARB. The ARB may either approve the application, rove rother
without conditions; or approve a portion of the application
of disa rodval, the ARB may,
portions; or disapprove the application.
in writing the reason for the disapproval of
but shall not be obligated to set forth of the a recant to
any portion of the application; however, it to arectify b t duty
such disapproval, and
determine the manner in which it sees fit any
nothing set forth in the disapproval shall be construed as a guarantee
objections and/or offer
will approve any re-submittal specify the reasons for any o je
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suggestions for curing any objections. Notice shall be deemed to have been given
at the time the envelope containing the response is deposited with the U.S. Postal
Service or a response has been e-mail sent to the applicant. Personal delivery of
such written notice shall, however, be sufficient and shall be deemed to have been
given at the time of delivery to the applicant.
7. Grant of Variances by ARB. The ARB may grant reasonable variances or
adjustments from any restriction or condition imposed by the Design Guidelines in
order to overcome practical difficulties or prevent unnecessary hardships arising by
reason of the application of any such restriction or condition. Neither the inability
to obtain the approval of any governmental agency, the inability to obtain the
issuance of any permit from any governmental agency, nor the terms of any
financing shall be considered a hardship warranting a variance. The ARB shall not
grant any such variance or adjustment if the granting thereof would be materially
detrimental or injurious to the other property or improvements in The Manor at
Mill Creek, or would undermine the general intent and purpose of this Declaration
or the Design Guidelines. No variance shall be effective unless in writing. No past
grant of a variance shall bind the ARB to grant a variance in other similar
circumstances. The ARB may, by resolution, exempt certain activities from the
application and approval requirements, provided such activities are undertaken in
strict compliance with the requirements of such resolution.
8. No Liability of ARB. The Guidelines are intended as a mechanism for
maintaining and enhancing the overall aesthetics and value of the Lots and
Improvements in The Manor and shall not be construed as imposing any duty upon
any person, the ARB, Declarant, or the Association, including but not limited to
any duty to ensure that all dwellings are of comparable quality, value or size, or of
similar architectural design, or equal architectural control. The actual construction
shall be the responsibility of the Owner of the Lot and the Owner's builder and
other professionals, consultants and contractors. The ARB and the member(s)
thereof, as well as any representative of the ARB appointed to act on its behalf,
shall not be liable in damages to any Lot Owner by reason of any action, failure to
act, approval, disapproval or failure to approve or disapprove, any plans or
specifications. The ARB shall not be responsible for any structural or other defects
in plans and specifications submitted to it or in any structure erected according to
such plans and specifications. Any approval granted by the ARB for construction
and any designation of approved licensed builders, contractors, or products shall
not constitute or be construed as an endorsement, warranty or guaranty, expressed
or implied, by Declarant, is successors or assigns, or the ARB of the structural
stability, design or quality of any building or other improvements or of the
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contractor who constructs such buildings or other improvements, or of any product
used in said construction. In the event of any lawsuit arising out of its the members. of
the ARB, the Association shall defend and indemnify the ARB and
9. Commencement and Completion of Construction. months cafter onstruction
to date
approved Improvement has not been cdeemed withdrawn. Once construction is
of approval, such approval shall
commenced, it shall be diligently pursued to completion and shall be
otherwise
completed within one year from actual start of of the approved Improvements shall be
agreed in venting by the ARB, a elements such completely constructed within eighteen months after the date of ap poe 1, the Lot
shorter period as may be specified in any agreement for the purchase
from Declarant.
10. Changes to Approved Plans. Any changes to the approved epolabns, whether ARB
prior to or during construction, must be submitted to and changes are made without
prior to the construction or execution of said change. fIf
pthe
rior written approval from the ARB, the ARB has the right t require
the Lot
applicant to remove, revise and replace the unauthorized change
Owner's expense.
11. Inspection of Work. The ARB or its duly authorized representative shall
to,
have the right to inspect any construction or improvement at a W timehether so prior
the r not
during or after completion of the same, in
is order to determine completed or has been competed in
proposed construction or improvement g royal ranted
compliance with this Declaration, the Design Guidelines, and any app g writt by the ARB. However, unless the ARB expressly states, in a
has b nen document,
being no such completed
that the construction or improvement
shall be implied
conformance with the approval therefore,
from inspection of said construction or improvement either during the work or
after completion thereof.
ARTICLE III
GENERAL USE RESTRICTIONS
the Lots shall aration 1. Use of Lots. Except as otherwise provided iniD hall be erected, placed,
be used for residential purposes only, and no structure detached, single-
altered or permitted to remain on any Lot other than one (1)
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family dwelling and related structures incidental to the residential use of the Lot,
such as garages and sheds, which otherwise comply with this Declaration, and all
val of the jurisdiction
laws, ordinances and regulations of any governmental bodies having
thereof, but only upon and in accordance with the
itself, and its successors and
Notwithstanding the above, Declarant
assigns, the exclusive right to construct a roadway over any Lot owned by it in
order to grant access to other property and in such cases, the remainder any such
Lot not used for the roadway shall still be subject to this Declaration.
2, Subdivision or Combination of Lots. No Lot may be subdivided, or Lots
subdivided and recombined, or combined, (except by Dwhachnconsenhout the
written consent of Declarant or its successors and assigns, it may
withheld at their sole discretion.
3, Nuisances. No nuisance shall be permitted in or on the Property nor any
use, activity or practice which is a source of annoyance or embarrassment to, or
which offends or disturbs the resident of any Lot, or which interferes with the
peaceful enjoyment or possession and proper use of any Lot, or any portion
thereof, by its residents. As used herein, the term "nuisance" shall include but not
be limited to, light emitted from any Lot which is unreasonably h i°unreasonably rloudcauses
or
unreasonable glare, sound emitted from any Lo
annoying, and odor emitted from any Lot which is noxious
no or oLot Owner ffensive
shthe s.
Furthermore, notwithstanding any approval of the ARB,
permitted to maintain any grading which causes water to run off of that Lot on to
the Lot of any other Owner. The term nuisance shall not include any activities
of Declarant or builders which are reasonably necessary to the development, sales,
and construction of, or on, the Lots; provided, however, that such activities of
Declarant or builders shall not unreasonably interfere with any Lot Owner's use his and enjoyment of his Lot, or with any Owners ingress and egreregulations
st of all
Lot and the adjacent right-of-way. All valid laws, ordinances and governmental bodies having jurisdiction over the Property, or any portion thereof,
shall be observed.
4. Hazardous Activities. No Owner of any Lot shall permit
s constructed activities thereon,
to
be conducted in or on the Por hazardous to an pperson or property. Further, no
which are or might be unsafe
hazardous materials or chemicals shall at any time be located, d pt o storedly in, on
kept
or at any Lot except as such may be contained in household products
at homes for use of the residents thereof and in such limited quantities
m limiting the generality
constitute a hazard or danger to person or property.
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of the foregoing, no firearms shall be discharged and no open fires shall be lighted
or permitted except in a contained barbecue unit while attended and in used for
cooking purposes or within an interior fireplace, or except such campfires or picnic
fires on property that may be designated for such use by the Association.
5. Maintenance of the Lots. The Owner of each Lot shall at all times be
responsible to maintain his Lot and any Improvements thereon in a clean, aesthetic,
and wholesome condition, and prevent any unclean, unsightly or unkempt
condition of his Lot and any Improvements thereon. No trash, litter, junk, boxes,
containers, bottles, cans, implements or machinery shall be permitted to remain
upon any Lot except as necessary during the period of construction and provided
same is properly contained and screened as required by the ARB. No portion of
part of any Lot shall be used or maintained as a dumping ground for rubbish or
other refuse. Trash, garbage or other waste shall only be kept in sanitary containers
screened from view from all roads, all other Lots and from the Common Area;
provided however, that Declarant, its successors and assigns, prior to the sale of
such Lot, may use portions of such Lot as a burial pit in accordance with
governmental regulations. In the event the Association determines a violation of
this paragraph has occurred, written notice shall be provided to the Lot Owner, and
if the offense is not cured within three (3) days, the Association may undertake the
necessary work and charge the Lot Owner accordingly, which charge shall be an
lien against the Lot for Association dues.
6. Household Pets and Animals. No animals, livestock, birds, poultry, reptiles
or insects of any kind shall be raised, bred, kept or boarded in or on any lot other
than dogs, cats or other domestic animals which are bona fide household pets, so
long as such pets are not kept for any commercial purpose and are not kept in such
number or in such manner as to create a nuisance. The number of said dogs, cats,
or other domestic animals that shall be permitted is limited to three (3) per
household. Pets shall not be permitted to roam outside the boundaries of the Lot,
and each Lot Owner shall keep their Lot free of animal waste. The Association
shall have the authority to take such action as it deems appropriate to correct any
violation of this paragraph, including the imposition of fines, which shall be lien
against the Lot for Association dues. The Owner shall be liable for any damage
caused by any pet, as well as any costs incurred by the Association in enforcing
this paragraph.
7. Signs. No advertising or signs of any character shall be erected, placed,
permitted or maintained on any Lot other than a name plate of the occupant and a
street number. Notwithstanding the foregoing, reasonable signs, advertising or
14

billboards used by the Declarant or any builders in connection with the sale or
rental of the Lots, or otherwise in connection with development of or construction
on the Lots, shall be permissible, provided same are first approved by the ARB.
8. Leases. No dwelling unit, or any portion thereof, including any garage or
garage apartment, or any Lot or portion thereof, shall be leased for any purpose,
unless approved by Declarant or its successors and assigns, which consent may be
withheld at their discretion.
9. Permitted Vehicles; Parking, Storage, and Repairs. Except as
specifically set forth below, only vehicles permitted pursuant to this Declaration,
properly registered, licensed, and maintained in good repair, shall be parked or
stored upon any Lot. No commercial vehicles may be maintained, garaged or
located upon any Lot or the Common Area except upon a temporary basis as set
forth below. No junk automobiles, un-repairable vehicles, or parts or salvage shall
be stored, placed or allowed to remain on any Lot or the Common Area. No travel
trailers, motor homes, tractor-trailer trucks, boats, boat trailers, or other vehicles of
any type for personal use which exceed twenty-eight (28') feet in length shall be
maintained, garaged or located upon any Lot or the Common Area.
Travel trailers, motor homes, tractor-trailer trucks, boats, boat trailers, motorcycles,
all-terrain vehicles, jet-skis, wave runners, and all other such vehicles not
exceeding twenty-eight (28') feet in length, may be stored upon any Lot, but only
within an enclosed garage. Vehicles that are disabled, under repair, unlicensed, or
unregistered, and antique cars, must be kept within enclosed garages. No activity
such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting
or servicing of any kind of vehicles, trailers or boats, may be performed or
conducted on any Lot unless it is done within an enclosed garage. The foregoing
restriction shall not be deemed to prevent washing and polishing of any motor
vehicle, boat, trailer, motor-driven cycle or other vehicle, together with those
activities normally incident and necessary to such washing and polishing.
Parking of permitted vehicles shall only be allowed in enclosed garages and on
conforming driveways and may not be parked upon any other part of a Lot or the
Common Area. Parking on the streets will only be permitted on a temporary basis
when conforming parking does not exist and shall not exceed 24 hours in any
event. Large trucks shall not be parked on a regular, or constant basis, or at fixed
intervals on or in any Lot or the Common Area. Large truck shall be defined as
any non-passenger vehicle larger than a pick-up truck. This restriction shall not
apply to commercial vehicles necessary for construction, maintenance, repair or
15
10-

replacement of any improvements to the
vehicles that may be otherwise parked
delivery or emergency, but in no event
seventy-two (72) hours.
lot; nor shall such restriction prohibit
as a temporary expedient for loading,
shall such temporary parking exceed
10. Secondary Structures and Improvements. No secondary structures or
improvements shall be permitted without the prior written approval fencing thn shall be
particular, no outside clotheslines shall be rnthan four (4') a feet high shall be
permitted; only decorative fencing no more sha permitted. No satellite dishes, more than eighteen (1and 8") inches i diameter
ided to thel be
permitted. Mailboxes shall be of a stn Procne tanks must buried, and all
Owner by Declarant at a reasonable co P
levelocated
other secondary or accessory structures or improvements shall
l of /or
screened so as not to be visible from any street or from the ground any
other Lot.
11. Prohibition of Temporary Shelters or Vehicles. No trailer, truck,
arc e, or other
van, mobile home, doublewide mobile home, rested on any Lots shall at any time
outbuilding or temporary structure parked or
be used as a residence, temporarily or permanently, nor shall any structure
this er, temporary character be used as a residence; provided,
on? `actors during the
prohibition shall not apply to shelters used by
construction of the main dwelling house, it being clearly understood that this
temporary shelters will not be permitted to remain on any lot after completion construction.
ARTICLE IV
CONSTRUCTION RESTRICTIONS
muFinal Plat. Any
1. Compliance With Pender County Ordinances and the
st comply with
residence, secondary structure, and all Improvements to any Lo
Pender County Zoning Ordinance, Subdivision Ordinance, or the Planning Board's
approval of the Final Plat, including but not limited to, said Ordinances
requirements and height limitations for the R-20 Zone.
um Square Footage of Residence. Each single-family deS, land othall
2, Minim
dred (2,porches, garag200) square feet.
have an enclosed, heated living area n usand ltwo huopen
unheated spaces) not less than two t
16
I
n -,
w
?, . v .? ..
3. Requirement that all Construction be "New." Only new, "stick-built" on-
site construction of single-family residences shall be permitted; mobile homes,
modular homes, and relocated existing buildings, or portions thereof, shall be
prohibited, excepting, however, Declarant's mobile offices.
Right-of-Ways, and
4. Prohibition of Construction within Easements,
Other Areas. There shall be no signs, fencing, parking, or other construction or
other activities of any kind or manner permitted within the road right-of-ways,
utility or drainage easements, Common Area, wetlands or other conservation areas.
5. Off-Street Parking. Off-street parking for not less than two (2) passenger
automobiles must be provided on each Lot prior to the occupancy of any residence
constructed on said Lot.
hThe e
6. Construction of Driveways. All connections of private c driveways to
Manor At Mill Creek `s road Off-Site SepOSystem
n accordance with the rules,
Lot Owner and maintained by the Lot
regulations and specifications of the ARB. However, in order connect sure fire
protection is readily available to all lots, 50 driveways
froms hwhich e roadway must be at least
other structures that are more than fifty (50)
eleven (11') feet in width, with a clearance of no less than eleven concrete, (11) feet in
aggregate
height. Further, all driveways must be constructed from
concrete, brick, asphalt, or pavers; therefore, no driveway may be constructed of
crushed stone, pebbles or shells unless approved in writing by enthe d approved ed Culvert
hs
in drainage ditches must have a masonry application on each pp by e
ARB.
7. Exterior Walls. Exposed exterior walls comp ld Cof the reekf oolowing block,
materials shall be prohibited from The Manor At
imitation asphalt siding, imitation asphalt stone siding, tar paper.
the
g. Trees. Trees may not be removed without the prior written approval o The
ARB, which approval may be withheld at the ARB' bole discre
the following
requirement of the ARB's prior written approval
exceptions:
i. Trees within the building envelope may be ansoved building
plans
after the ARB has approved the house
envelope.
17
141.
?.5 ,3
ii. Trees within twelve (12') feet of the main dwelling may be
removed without the prior written approval of the ARB, but
only after the ARB has approved the house plans and building
envelope.
iii. Trees not exceeding s six (6") inches in diameter at ground
level may be removed without the prior written approval of the
ARB.
iv. Notwithstanding the above limitations applicable to all other
types of trees, pine trees in excess of six (6") inches in diameter
at ground level which are within Fifty (50') feet of the main
dwelling may be removed without the prior written approval of
the ARB.
The Association may issue a fine to a Lot Owner in the amount of Two Thousand
Dollars ($2000.00) for each tree removed without permission from the ARB, said
fine representing the decrease in value to other property within The Manor at Mill
Creek.
9. Construction Equipment, Materials and Debris. No Lot shall be used for
storage of building materials prior to the issuance of the building permit for the
residence. No refuse, garbage, trash, lumber, grass, shrubs or tree clippings, plant
waste, metal, bulk materials, scrap or debris of any kind resulting from the
construction of any residence or other Improvement upon any Lot shall be kept,
stored, or allowed to accumulate unless placed in a suitable container suitably
located solely for the purpose of storing same prior to garbage pickup or
b
1 be materials shall o
composting. All equipment for the storage or disposal of such
kept in a clean and sanitary condition. Owners of the lots responsible
insure that all construction equipment, materials and debris will be moved from
any lot within ten (10) days of completion of construction.
10. Roof Installations. No types of refrigerating,
shall cooling be or heating
d elsewhere
shall be permitted on a roof and no such apparatus permitted
outside the residence on a Lot, except when appropriately screened and approved
in writing by the ARB.
11. Communication Equipment. Except as approved in writing by the ARB, no
exterior radio antenna, television antenna, or other antenna, satellite dish, or audio
or visual reception device of any type, shall be placed, erected or maintained on
any Lot, except inside a residence or otherwise concealed from view; provided,
however, that any such devices may be erected or installed by the Declarant during
18
a ?
their sales or construction in The Manor at Mill Creek and provided further,
however, that this limitation shall not apply to those antenna which are specifically
covered by the Telecommunications Act of 1996, as amended from time to time.
As to antenna which are specifically covered by the Telecommunications Act of
1996, as amended, the Association shall be empowered to adopt rules and
regulations governing the types of antenna that are permissible and, to the extent
permitted by the Telecommunications Act of 1996, as amended, establishing
reasonable, non-discriminatory rules relating to appearance, safety, location and
maintenance.
12. Time for Completion of Construction. With the exception of construction
which is interrupted or delayed due to physical damage to the work in progress
(such as damage due to fire, lightning, windstorm, hail, riot or civil commotion,
explosion or theft), the construction of any residence must be completed within
eighteen (18) months subsequent to commencement of construction, and the
construction of any outbuilding or other improvement must be completed within
four (4) months from the issue date of the building permit. These time periods
may be extended with the written consent of Declarant or if Declarant so
designates, the ARB, which consent may be withheld at either's sole discretion.
13. Water Service. All homes constructed in The Manor At Mill Creek must be
supplied with water for normal domestic use from a public utility company. Wells
shall be permitted for irrigation purposes only.
14. Declarant's Use. Notwithstanding anything to the contrary contained in this
Declaration, it shall be expressly permissible and proper for Declarant, its
employees, agents and contractors, to perform such reasonable activities, and to
maintain upon portions of the Lots, such facilities as they deem reasonably
necessary or incidental to development of the Property, and construction and sale
of Improvements and Lots, specifically including, without limiting the generality
of the foregoing, locating, maintaining and relocating management offices, signs,
models, "spec" homes, and sales offices, in such numbers, of such sizes, and at
such locations as Declarant may determine in its reasonable discretion from time to
time, including Common Area facilities and amenities. Notwithstanding the
foregoing, Declarant shall not perform any activity or maintain any facility on any
Lot in such a way as to unreasonably interfere with or disturb any Owner, or to
unreasonably interfere with the use, enjoyment or access of such Owner, his family
members, guests or invitees of and to his Lot and to a public right-of-way.
19

ARTICLE V
ENVIRONMENTAL PERMIT RESTRICTIONS Wet 1. No Land Disturbing Activities Upon or Other Use of a a to Thlands
Manor at
the Common Area or the Lots. The Section 404 Permit issue "Wetlands Permit") requires
Mill Creek by the U.S. Army Corps of Engineers, the
that this Declaration contain a covenant regarding any wetlands sinareither he
Common Area, or the Lots. This covenant effectively
lands b prohibits
Association or any Lot
disturbing activity or other useany theU.S. Army Corps of Engineers is set
Owner. The exact language mandated Y
forth below:
"The areas shown as wetlands on the recorded plat entitled ` 'te e
id 6 ,and recorded in the Pender County Registry
dated
shall be maintained in perpetuity in their natural or mitigated
co dition. No person or entity shall perform any of the following activities
on such wetlands:
a. fill, grade, excavate, r perform any other land disturbing activities;
b. cut, mow, burn, remove, or harm any vegetation;
trails, walkways, buildings, mobile
c. construct or place any roads,
homes, signs, utility poles or towers, or any other permanent or
temporary structures;
d. drain or otherwise disrupt or alter the hydrology or drainage ways o
the conservation area;
e, dump or store soil, ash or other
for any agricultural or horticultural
f. graze or water animals, or use Y
purpose.
This covenant is intended to ensure continued compliance with the
the
mitigation condition of the Clean Water Act authorization
?ngton
United States of American, U.S. Army Corps of g
District, Action ID # 200500570, and therefore may be enforced
and hall be
United States of America. This covenant iso run with i.t the ,
binding on the Owner, and all parties claiming under
Amendment of Covenant. In order to ensure that this covenant cannot
2, No
20

be amended by some percentage of the Lot Owners pursuant to the Bylaws of the
Association, the Permit requires that the language set forth below in quotation
marks also be added to this Declaration:
"Permittee shall execute and cause to be recorded in the Pender County
Register of Deeds restrictive covenants acceptable
of Engineers for the purpose of maintain s?g he conservation leas,' and
on the own
recorded plat entitled `L hr z> dated recorded in the Pender County Registry on C' in their natural
state in perpetuity, prior to the sale or conveyance of any lots or other
property within thee subdivision. The permittee shall e 1 above and, prior
the restrictive covenants set forth in Article V, Paragraph
to the conveyance of the property, shall take no action on the property
described in the covenants inconsistent
rded restrj fictive covenants to the
permittee shall provide a copy of the recorded
U.S. Army Corps of Engineers within 15 days of recording."
3. Stormwater Management Permit. On May 24, 2006, the State of
North Carolina Division of Water Quality issued Stormwater Management Permit
Permit Number SW8 050908 Modification for The Manor at Mill Creek pursuant
to its authority under NCAC 2H.1000, (the Stormwater Permit"). TheDivisionof
Manor
Water Quality imposed the following covenants and restrictions upon The at Mill Creek and all Lot Owners in order to ensure compliance with said
Stormwater Permit:
a. Alteration of the drainage as shown on approved may not take place
without the concurrence of the State of North Carolina Division of Water Quality.
b. The maximum built-upon area per lot is 7000 squa square nthe lot This property
allotted amount includes any built-upon area constructed
boundaries, and that portion of the right-of-way between thefrfront l tli e endure the
edge of the pavement. Built-upon area includes, but is not limited asphalt, concrete, gravel, brick, brick, stone, slate, and coquina, but does not
include raised, open wood decking, or the water surface of swimming pools.
c. Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
d. Each lot will maintain a 30' wide vegetated buffer between all
21

impervious areas and surface waters.
e. All roof drains shall terminate at least 30' from the mean high water
mark.
f. These covenants and restrictions pertaining to stormwater run-off
management are to run with the land and be binding upon all persons and parties
claiming under them,
g. These covenants and restrictions pertaining to stormwater run-off
management may not be altered or rescinded without the express written consent
of the State of North Carolina Division of Water Quality.
h. The State of North Carolina is made a beneficiary of these covenants
and restrictions to the extent necessary to maintain compliance with the
Stormwater Management Permit.
ARTICLE V
MISCELLANEOUS PROVISIONS
1. Rules and Regulations. Rules and regulations concerning and governing
the Lots, Common Area and/or the Property may be adopted, amended or repealed
from time to time by Declarant, its successor or assigns, or, in accordance with the
Bylaws, the Association, including but not limited to the establishment and
enforcement of penalties for the infraction thereof.
2. Absence of Dedication to Public Use. Nothing in this Declaration, nor in
the recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to
dedicate) to public use any of the streets, bridges, common lands or other grounds
within The Manor At Mill Creek.
3. School Bus Service. In order to enable the Pender County Board of
Education the ability to provide school bus service within The Manor At Mill
Creek, it is hereby understood that the Association shall release the Board of
Education of any responsibility for damages to roads. Such release will be sent by
the Association in writing to the Board of Education, and will be binding on the
Declarant and Lot Owners.
22

4. Management Agreements and Other Contracts. Any agreement for
professional management of the Associations business or other contract providing
for services of the Declarant shall have a maximum term of three (3) years and any
nwith or
such agreement shall provide for termination by either party thereto,
inety
without cause and without payment of a termination fee, upon not more than (90) days' prior written notice.
5. Invalidation of Provisions. Judicial invalidation of one or more of the
which shall
provisions hereof shall not adversely affect the remainder hereof
remain in full force and effect.
6. Enforcement of Declaration. Declarant, the Association, including or yresLot tricOtio er
shall have the right to enforce this Declaratio all
conditions, and covenants contained herein. Enforcement of this Declaration may
be at law or in equity against any person or persons violating or attempting to
violate any covenant, condition or restriction herein contained. In the event of
enforcement of the Declaration at law or in equity and a violation hereof is
judicially determined, then the violator shall be assessed with the costs of such
action, including, without limitation, reasonable attorneys fees. The failure to
enforce any right, reservation, restriction, or condition herein contained, however
long continued, shall not be deemed a waiver of the right to thereto, thereaer as to
and shall not
the same breach, or to a breach occurring prior
emediebsangd damages arising by law
bar or affect its enforcement. In addition
nofine t to a Lot
and in equity, the Association is empowered to assess a reasonable
exceed
Owner or their lessee for violations of this Declaration in an amount
One Hundred and No/ 100 Dollars ($100.00) per day.
7. This Declaration to Run With The Land. This Declaration cl land and shall Restrictive benefit
Covenants of The Manor At Mill Creek are to run with the
and be binding on all parties and persons (and their respective heirs,
representatives, successors and assigns) claiming title to any of the property herein
described for a period of twenty-five (25) years from the date this Declaration is
recorded, after which time said Declaration shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed by a sixty-seven
Declarant or Declaration its
percent (67%) majority of the then Owners, and signed by the
araton agreeing to change said in
successors or assigns, has been recorded
amended from time to time
whole or in part. Otherwise, this Declaration may be amen
by an instrument signed by a sixty-seven percent (67%) majority of the then
Owners, and upon approval of Declarant or its successors or assigns.
23
24
\, .. _ ._
IN TESTIMONY WHEREOF, Manor Ventures, LLC, a North Carolina limited
liability company, has called this instrument to be executed in its company name
by its authorized member(s)/manager(s) with full authority to act for all of its
members and managers as the act and deed of the limited liability company, all on
the date and year first above written.
Manor Ventures, LLC
By: (SEAL)
Eric A. Litvak, Member and Manager
State of North Carolina, County of Pender
I, e` ? L-J s ?n , a Notary Public in and for the
County and tate aforesaid, do hereby certify that Eric A. Litvak, who is known to
me or proved to me on the basis of satisfactory evidence to be the person
described, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument as a member and manager of Manor
Ventures, LLC, a North Carolina limited liability company. Witness my hand and
official stamp or seal this the a 1 day of May 2007.
My Commission Expires:
q-?a 0??
_FAfix. Notary Stamp or
eal here)
ig ature otary P lic
?? ?t ?' j C1- Q--?Jo `s
Name o Notary Public
24

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C6- 1" 5-61,
PENOER COUNTY NC 07/03/2008
$270.00 .
s,orERTH
110t,INA Real Estate
c0i Excise Tax
PIN tl3d?t _? 3 - S-pD a
DATE Ln 3 ? INT- t
Excise (ax: $
Time, Book and Page
T'repared by: Eric Litvak
Return to: Ned M. Barnes, A-3 Pleasure Island Plaza, Carolina Beach, NC 28428
Parcel No: 3292-13-8595-0000
Brief Description: Lot 4, The Manor at Mill Creek, Phase I
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this _ day of July 2008, by and between
Grantor: Manor Ventures, LLC, a North Carolina limited liability company,
14695 U.S. Highway 17 S., Hampstead, NC 28443
Grantee: Cecilia A. Litvak, married,
P.O. Box 1189, Hampstead, NC 28443
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as may
be required by context.
WITNESSETH, taid Grantor, for a valuable consideration aid by the Grantee, the receipt
of which is hereby a (edged, has and by the rant, bargain, sell and convey
unto the Grantee in fee sirr*ll that r situated in Pender County,
North Carolina and more-pp Zra I oowws:
Y, 4 wn&
Being all of Lot 4 a PhasMMe e T,PasFsown on a map recorded in Map
Book 44, Page 140 of the Pender Count?e to which map is hereby made for a
more complete and accurate description.
TOGETHER WITH access over all the roads and streets of The Manor at Mill Creek as shown
on the above-referenced map;
DK 8-
08 JUL A c??ror?r?c??aa
REGISTER OF DEEDS
Pl!!`FR COUNTY, NC
Recor and Verified
oy 51. n Swiregood
gister of Deeds
Ider comity, NC
TOGETHER WITH ANWUBJECT TO the rights and obligatitl t tlYnItASQ certain
Declaration of Covenants astrictions for The Man it ecorded at Deed Book
3245, Pages 300-325, of the Pen ount 11 , nts thereto; and the
Bylaws of The Manor-at Mill Cr o arolina non-profit corporation,
recorded at Deed Book 9 o the Pen# 0y9d$;?try, and all amendments
thereto. 9?60=ZZ&"
A portion of this lot has been determined to meet tfor designation as wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the
subdivision on any application pertaining to said state rules. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce this covenant. This covenant is to run with the land and
shall be binding on all parties and all persons claiming under them.
AND WHEREAS, Grantor is the owner of a tract of land known as The Manor at Mill Creek, a
subdivision; and
WHEREAS, certain lots within said subdivision cannot currently qualify for individual
conventional waste water disposal systems; and
WHEREAS, off-site easements have been granted for waste water disposal lines and drain fields
to accommodate the waste water disposal systems, (the "Off-Site Septic Systems"), to be
provided for these lots on off-site septic lots, (the "Off-Site Septic Lots"); and
WHEREAS, Grantee by virtue of this instrument is the owner of Lot 4, (the "Lot"), the same
being one of these lots that cannot currently qualify for individual conventional waste water
disposal systems; and
WHEREAS, the Lot and associated easements, including the Off-Site Septic Lots, are shown on
the plat of The Manor at Mill Creek, Phase 1, recorded in Map Book 44 at Page 140 of the
Pender County Registry; and
WHEREAS, these easements includes a ten (10') foot easement running from the Lot to Lot 4A,
(the "Off-Site Sep" ); and
WHEREAS, the individalw$ I A ot?Lmust be located within this
easement, which line h ?w ;eoiantee; and
NJnMO(r?lr??G1?1 L,
WHEREAS, the 2- it?Septic Sy t must be located on the Off-Site Septic Lot
which Off-Site Septic System shall be the proper (antee; and
WHEREAS, Grantor is granting a non-exclusive easement across the waste water disposal line
easement shown on said plat and for the off-site drain field area known as Lot 4A as shown on
said plat; and
R3489H 15 .1
WHEREAS, the installation, use, operation, mWenance and repair of said Off-Site Se tic
Systems, including but not limited to the waste wsposal lines located in e t nd
on the Off-Site Septic Lot, are further subject to the tefi?d cR?Irn Co venants and Restrictions for The Manor at Mill Cree r 5, Pages
300-325, as well as the Bylaws of The Manor 9 b' record?j
3245, Pages 276-299, and the Articles of Inco ??i ill Cme t lric.,
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all as may be amended from time to time;
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NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor does hereby grant, give, assign and convey to Grantee, his heirs,
successors and assignees: (1) a non-exclusive, appurtenant easement for ingress, egress and
regress running from Lot 4 along and within the "10' Utility Easement" through Lot 3 as shown
on Map Book 44, Page 140, Pender County Registry, thence crossing Camelot Way to Lot 40,
thence along and within the "10' Utility Easement" running along Lot 40 as shown on said map
to the southern line thereof, thence along and within the "10" Utility Easement" shown on said
map, the centerline of which utility easement runs along the boundary lines between Lot 40 and
the Common Area, and continuing with the boundary lines between Lot 40 and Lot 8A, and
continuing with the boundary lines between Lots 10A, 9A, and 5A, and Lot 6A, and continuing
through Lot 4A to the northern boundary line of Lot 3A as shown on said map; and (2) a non-
exclusive, appurtenant easement over all that certain Off-Site Septic Lot known as Lot 4A as
shown on said map. Said easements being appurtenant to Lot 4 for the following purposes and
uses as the Off-Site Septic System to wit:
To install, operate, inspect, repair, and maintain utilities including septic and wastewater disposal
lines, fields, connections, and equipment in, on, and under said easements, all at the expense of
the Owner of Lot 4.
TO HAVE AND TO HOLD the above granted and described easements to Grantee, his heirs,
successors and assigns, as an appurtenance to Lot 4 until such time as said easements are
replaced and terminated by direct connection with Lot 4 to a public or community central sewer
system.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, a all that Grantor vJ0 rant and defend th pttitle to the gy tions:
p?cribed against st a all c i 1 ACS homsoever exce t for the fohope llowin exceptions:
[? ?fwa?nd Gtility easements of record;
y? plicable resps~yW,s of record, including the Declaration of Covenants and
Re he Manor at Mill Creek recorded at Deed Book 3245, Pages 300-325, as
amended a 5, Pages 032-037, and the 13ylaws for The Manor at Mill
Creek recorded at Dee = 3245, Pages 276-299, as amended at Deed Book 3275,
Pages 038-042, and the Articles of Incorporation for The Manor at Mill Creek HOA, Inc.;
3. Ad valorem taxes for 2008 and subsequent years;
4. Zoning and/or subdivision ordinances and regulations, if any.

IN WITNESS WHEREOF, the Grantor
company name by its duty authorized m
written.
By:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BVIMPG 152
caused this instrument to be execute in its
er as of the day and y
rpggrzt?t
A. Litvak; Manager and Member
I, a Notary Public for the County and State aforesaid, do hereby certify that Cecilia A. Litvak,
being known to me, Manager and Member of Manor Ventures, LLC, a North Carolina limited
liability company, personally came before me this day and acknowledged the due execution of
the foregoing instrument on behalf of the company.
WITNESS my hand and official stamp or seal this Qnd day of July 2008.
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My Commission Expires: `m ; lo7ARY
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