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HomeMy WebLinkAboutSW8120911_HISTORICAL FILE_20150917STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 I Zo9 1 I DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Zy 5 D5 17 YYYYMMDD I s AA MC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary September 17, 2015 Mr. Dan Weldon, President Lantana Crossing HOA,Inc. 1612 Military Cutoff Road, Suite 108 Wilmington, NC 28403 Subject: Stormwater Permit No. SW8120911 Name / Ownership Change Lantana Crossing High Density Subdivision Project New Hanover County Dear Mr Weldon: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On September 16, 2015, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from WFDC, LLC for the subject project. A file review and site inspection was performed on September 17, 2015 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 120911 has been transferred on September 17, 2015 and to remind you that this permit shall be effective until November 28, 2020. For your records, please find enclosed the transferred and re -issued permit, a copy of the inspection reports, and a copy of the Name/Ownership Change form, a copy of the deed restrictions, a copy of the Designers Certification, and a copy of the common area deed. This permit is subject to the conditions and limitations as specified in the transferred and re -issued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the fling fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431- 3000, or visit their website at www.NCOAH.com, Unless such demands are made this permit shall be final and binding. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 SW8120911 September 17, 2015 If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331. Sincerely, acX y Davis, , Director Division of Energy, Mineral and Land Resources GDS/kpj: 111Stormwater\Permits & Projects120121120911 HDQ015 09 permit 120911 enc: Transferred and re -issued permit Copy of the inspection reports Copy of the Name/Ownership Change form Copy of the deed restrictions Copy of the Designer's Certification Copy of the common area deed. cc: Mr. Bill Cameron, Manager, (Previous Permittee) WFDC, LLC, PO Box 3649, Wilmington, NC 28406 David Hollis, PE, Hanover Design Services Wilminaton Reaional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No. SW8 120911 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lantana Crossing HOA, Inc. Lantana Crossing Albemarle Road & Sturbridge Drive, New Hanover County FOR THE construction, operation and maintenance of two (2) wet detention ponds in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter separately and collectively referred to as the "stormwaterrules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until November 28, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for sixty-six (66) lots; each allowed a maximum of 3,500 square feet of built -upon area. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. The wet ponds designated as Pond 1 and Pond 2, have been designed to treat the runoff from 150,457 and 194,452 square feet of impervious area, respectively. 4. The maximum built -upon area allowed for the entire subdivision is 344,909 square feet. 5. The project shall provide and maintain a 50' wide vegetative buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 120911 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times: Pond # 1 Pond # 2 Drainage Area, acres: Onsite, ft2: Offsite, ft2: 11.51 501,522 None 11.90 518,540 None Total Impervious Surfaces, acres: Onsite, ft2: Offsite, ft2: 345 150,457 None 4.46 194,452 None Design Storm, inches 1.5 1.5 Average Pond Design Depth, feet 4.5 4.5 TSS removal efficiency 90% 90% Permanent Pool Elevation, FMSL 25.5 27.5 Permanent Pool Surface Area, ft2 25,000 16,500 Permitted Storage Volume, ft3 29,125 29,875 Temporary Storage Elevation, FMSL 26.5 29.0 Pre-dev 1 yr-24 hr. discharge rate, cfs 5.8 6.0 Controlling Orifice, in 2"0 pipe 2"0 pipe Orifice discharge rate, cfs 0.06 0.07 Permanent Pool Volume, ft3 118,650 71,125 Forebay Volume, ft3 24,275 14,425 Fountain Horsepower 1/3 1/4 Receiving Stream/River Basin Spring Branch / Cape Fear Stream Index Number 18-74.63-1 Classification of Water Body 'C;Sw" II. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater drainage system shown on the approved plans, unless and until the Division has approved of the revised plan. 2. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 3. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. 4. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 120911 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs. e. The construction of any permitted future development areas shown on the approved plans. 7. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common area and easements, in accordance with the approved plans. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 120911 14. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 120911, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a permit modification. i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. k. If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction. 15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 16. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The project and the stormwater facility must be in compliance with all permit conditions. Any items not in compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 120911 17. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/3 hp for Pond 1 and 1/4 hp for Pond 2. 18. If permeable pavement BUA credit is desired, the permittee, must submit a request to modify this permit to incorporate such language as required by the Division of Energy, Mineral and Land Resources. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form, to the Division of Energy, Mineral and Land Resources, accompanied by the supporting documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting the permitted stormwater management facility. Page 7 of 10 State Stormwater Management Systems Permit No. SW8 120911 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of the permit, O&M Agreements, and the approved plans at all times. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit transferred and re -issued this the 17'" day of September 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 120911 Page 8 of 10 State Stormwater Management Systems Permit No. SW8 120911 Wildflower Subdivision Stormwater Permit No. SW8 120911 New Hanover County Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No. SWS 120911 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office New Hanover County Building Inspections Page 10 of 10 "'. North Carolina Department of Environmental Quality ,t Pat McCrory Donald R. van der Vaart Governor Secretary September 16, 2015 Mr Bill Cameron, Manager WFDC, LLC PO Box 3649 Wilmington, NC 28406 Subject: Approved Plan Revision Lantana Crossing (previously Wildflower Subdivision) Stormwater Permit No. SW8120911 New Hanover County Dear Mr. Cameron: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. On September 11, 2015, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8120911. The revisions include revising the lot numbers as shown Sheet 1 dated September 15, 2012 and sealed by David Hollis, PE on July 2, 2013. No changes have been made to the number of lots, or the allocation per lot. There are still 66 lots which are each allocated 3,500 square feet of impervious area per lot. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please replace the old approved plan sheets with the new ones. Please add the attached plans to the previously approved plan set. Please also understand that the approval of this revision to the approved plans or to the permit for the subject State Stormwater project is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7215 Sinc e y Joh on En ronmental Engineer GDS\kpj: G:\WQ\Shared\Stonnwater\Permits & Projects\2012\120911 HD\2015 09 permit_pr 120911 cc: David Hollis, PE, Hanover Design Services, PA Inspector, New Hanover County Building Inspections Wilmington Regional Office Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 / Fax: (910) 350-2004 • Internet http-//Portal.ncdenr oro/web/Ir/ An Equal pppodumly lARnnatve Acton Employer —Made in part by recycled paper 50`0 t /�r,5. S6f ,j Stevens Fine Homes T c. �11 toC-5 Lana[ana Crossings Thru 9/8/2015 Lot Number Street Address Buyer Last Name Close Date LAC-001 307 Albemarle Road Ellis 7/18/2014 LAC-002 311 Albemarle Road Sager. 11/6/2014 LAC-003 315 Albemarle Road Caudle 6/12/2014 LAC-004 319 Albemarle Road Hayes 4/27/2015 LAC-005 323 Albemarle Road Ingraham 1/30/2015 LAC-006 458 Morning Glory Court Wolfson 4/16/2015 LAC-007 454 Morning Glory Court McAllister 4/8/2015 LAC-010 418 Albemarle Road Schroeder 2/27/2015 LAC-011 422 Albemarle Road Mcdowell 11/20/2014 LAC-012 426 Albemarle Road Sed 9/29/2014 LAC-013 430 Albemarle Road Martinez 1/5/2015 LAC-014 434 Albemarle Road Overway 1/16/2015 LAC-015 438 Albemarle Road Chen 12/11/2014 LAC-016 442 Albemarle Road Roach 8/19/2015 LAC-017 446 Albemarle Road Nguyen 6/17/2014 LAC-018 450 Albemarle Road Sonnenfeld 7/29/2014 LAC-020 458 Albemarle Road Ferraro 1/17/2014 LAC-021 462 Albemarle Road Waggaman IV 12/20/2013 LAC-022 466 Albemarle Road Emerson 1/16/2014 LAC-023 472 Albemarle Road Caison 8/15/2014 LAC-024 474 Albemarle Road Staton 7/30/2015 LAC-025 478 Albemarle Road Vigilante 7/30/2015 LAC-028 490 Albemarle Road Mobley 5/28/2015 LAC-029 494 Albemarle Road Thompson 12/11/2014 LAC-037 531 Albemarle Ct Ruth 7/30/2015 LAC-047 403 Sturbridge Court Prater 7/14/2015 LAC-048 402 Sturbridge Court Thigpen 6/12/2015 LAC-049 406 Sturbridge Court Lauffer 5/26/2015 LAC-050 410 Sturbridge Court Lynch 7/7/2015 LAC-052 418 Sturbridge Court Howard 7/24/2015 LAC-053 489 Albemarle Road Sudduth 3/23/2015 LAC-054 485 Albemarle Road Flynn 8/27/2015 LAC-055 481 Albemarle Road Nava 2/11/2015 LAC-056 477 Albemarle Road Bywaters 5/15/2015 LAC-057 473 Albemarle Road Smith 10/29/2014 LAC-059 465 Albemarle Road Hayes 8/8/2014 LAC-060 453 Albemarle Road Barnes 5/19/2014 LAC-061 445 Albemarle Road Head 2/19/2015 LAC-062 437 Albemarle Road Muth 6/17/2014 LAC-063 433 Albemarle Road Roser III 5/7/2014 LAC-064 429 Albemarle Road Nguyen 1/6/2014 LAC-066 413 Albemarle Road Le 8/28/2014 42 ECEiVE SEP 1 120 BY: N u IV CG Vt v::Di D A= LANTANA CROSSING PHASE ONE 2�O SJ��j ®� HUO:Cri AoAA19UP nt,, HWmu CW Zi. 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Ys; �' se I � � ., `� ,: t"�` �_.. •._..w..� �" ALINEFCLflUilp•IPL SOME 4� 61 �u"e'aa`.a u'�z1w���� .s. !: a l _ .,:1. m l�l _ .-.-. o...., ._�_.._ I-f-/s r Nar 4✓�_a"tl Ale i ------------ umb LANTANA CROSSING PHASE FIVE A PERFORMANCE RESIDENTIAL DEVELOPMENT itz'b �+ af•...,ry �, a u» HANOVER DESIGN SERVICES, P adlo 1 s t Lantana Crossing " Lot Sales Through June 10, 2015 Lot# Sale Date Grantee Book Page 1 4/24/2013 Stevens Building Company 5731 1916-1919 2 4/24/2013 Stevens Building Company 5731 1916-1919 3 4/24/2013 Stevens Building Company 5731 1916-1919 4 7/7/2014 Stevens Building Company 5825 1042-1045 5 6/26/2014 Stevens Building Company 5822 2515-2518 6 1/7/2015 Stevens Building Company 5861 1748-1751 7 12/4/2014 Stevens Building Company 5855 1047-1050 8 11/13/2014 Stevens Building Company 5851 1333-1336 9 6/1/2015 Stevens Building Company 5893 2087-2090 10 6/16/2014 Stevens Building Company 5820 2438-2441 11 8/28/2013 Stevens Building Company 5766 1052-1055 12 6/16/2014 Stevens Building Company 5820 2438-2441 13 6/16/2014 Stevens Building Company 5820 2438-2441 14 7/10/2014 Stevens Building Company 5826 2003-2006 15 7/7/2014 Stevens Building Company 5825 1042-1045 16 5/19/2015 Stevens Building Company 5890 872-875 17 2/27/2014 Stevens Building Company 5800 1163-1166 18 5/13/2014 Stevens Building Company 5813 2748-2751 20 10/7/2013 Stevens Building Company 5775 599-602 21 10/7/2013 Stevens Building Company 5775 599-602 22 10/23/2013 Stevens Building Company 5778 1918-1921 23 3/20/2014 Stevens Building Company 5804 885-888 24 12/4/2014 Stevens Building Company 5855 1047-1050 25 12/4/2014 Stevens Building Company 5855 1047-1050 26 2/19/2015 Stevens Building Company 5873 60-63 28 1/7/2015 Stevens Building Company 5861 1748-1751 29 8/28/2014 Stevens Building Company 5835 2157-2160 37 5/5/2015 Stevens Building Company 5887 334-337 41 4/23/2015 Stevens Building Company 5884 2315-2318 44 3/10/2015 Stevens Building Company 5873 1976-1979 47 3/4/2015 Stevens Building Company 5872 238-241 48 2/19/2015 Stevens Building Company 5869 1605-1608 49 2/10/2015 Stevens Building Company 5876 1819-1822 50 3/10/2015 Stevens Building Company 5873 1976-1979 52 3/10/2015 Stevens Building Company 5873 1976-1979 53 11/13/2014 Stevens Building Company 5851 1333-1336 54 4/23/2015 Stevens Building Company 5884 2315-2318 55 10/28/2014 Stevens Building Company 5848 1258-1261 56 2/19/2015 Stevens Building Company 5873 60-63 57 8/12/2014 Stevens Building Company 5832 2173-2176 59 4/25/2014 Stevens Building Company 5810 2058-2062 60 3/3/2014 Stevens Building Company 5802 914-917 61 10/28/2014 Stevens Building Company 5848 1258-1261 62 9/4/2013 Stevens Building Company 5767 655-658 63 9/4/2013 Stevens Building Company 5884 655-658 64 10/7/2013 Stevens Building Company 5775 599-602 65 9/4/2013 Stevens Building Company 5890 655-658 66 5/20/2014 Stevens Building Company 5815 1475-1478 48 Total Lots Sold 72.73% Precent of Lots Sold 9 EGEIVE JUN 18 2015 BY: V SrEv�s $u�..otrJC� S:\Companies\CRR Properties\WFDC, LLC & Wildflower Project\Wildflower Project\Lot Sales\Lantana Sol6AI i @d6.25395PM WNOR DIMaN LANTANA CROSSING, PHASE ONE HAMM TOW1 F NEW NANOY CWrM NORM C MNA \♦ n�� R re ONNER: LLC '0B - PD D% 3649 aanm ♦♦ w aw ♦♦ WLMINGTON,ON, NC 28a08 ♦♦♦ CRR PROPERRES 4C PO BD% 3649 ♦ am ♦♦♦ AIWJNGTON. 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L I m un I Y e i = nEuaaoo e j x RA j J alI E I 1 � PASSN£REg1E4lR]IIAL_�% I I� i i I i li i I I li I I ,• � rr•; I I I I ��\ � i iyM I i i i i i Io urn I wry wn, re I wr i win i win I um � �P O I I I wn I II I I II I � i I; II vmv. �enm a ,vnn. .vnm i i.vfm. avm i � , i a aro•,o , TV ea -- A ERVE RE�FA.N-UI SPACE •� 4 l01`I LANTANA CROSSING PHASE THREE A PERFORMANCE RESIDENTIAL DEVELOPMENT NMVNEP TOMIP NEW NPNOKR CCUNtt NCR�N CMWxn OMER. WIX. LLC MLM NGLCN. NC 39W8 OXY ANE 20. 2016 (!£nD/'lSLY mru mm aar SHEET 2OF2Qo � AF Wcsa Qiw lal J; .;�5n7��`'_ r�a n• � wa - ray', ,______ NANOVER DESIGN SEWMS. PA n....n • I -- w re w mo, ci _ 1 i m/ -_ ......, ... e. .. ,, ie a.�..�....r ! 1 1 z_ 1 27 . u : n l 2= n .. A .,. , ----- - I�! -1 of ALRJE RE-LREA� SMLE _. /'�./= 7-g.fub�ni P0.SSNEKIUCET'0NP1'�.�_�_ LANTANA CROSSING PHASE FOUR A PERFORMANCE RESIDENTIAL DEVELOPMENT NMNEI! iOMW NEW NMOYER =N T, Noum wnawx O MNER NiOL. IIL P. Hox Y=91C 284M u o NIZ LLI. 0AV MAY xs. A Fmk59. e- 1'l3� mom �m� nmaom LOfAT10N MAP Ib xcu) I-0 \ .,A wZaWkw- v...®v.a�n.owuwav �S «M t��Qd 0."3 4.wz'�rt l��/s law m uxmur NWOVER0ESI0NSS•PARt ...®u...e e..n i+,.• '.."' WSW .. w.. m�M�r-�rC) w-«r. "iaol Ww. \�/�/ 1 1 L pOIV MAP ,��, wr. +• "°'1., ,,.r. j w... �� .—.— —I ,,,.. 'I �..., 'I a... � ,.. I ..., I rJ O� E I -- ---- - ------- - Z I --7- 1 li w At z6 aoao .::., n j j z l za z]�/ "�'a�u' I ®I I N 11 .. .,` I `•� +r.rr., ,.mn- -- T xc, IJ Y lop. L'---------- ---- ---- -- dp ` nteEUARIFc- �' ateEwulr: xonn •'l�"`''i:\-I.n." _ --_- - 41 ; d]+ I Sl yd SS x.56 j 51 j 59 I e.i°u.n 1..7. 11 ` I1 I'.. �rRi �n'm a „ ACLNERI'AFAIP`145PALE nn `nmu°w°"i',� aa.m'« ue.'�"LZJim+N _— ___ C]] ``---\••�(_`� dix �i d l.'-_.'.'WtTLWAt ..�111M —rtv u,mrc `FA$$NF SPACE E Al Napa _� "cr----� �- ~� -•-.._.. �.� T RxSP� lE°°"�-�"191iK� LANTANA CROSSING �- PHASE FIVE art' A PERFORMANCE RESIDENTIAL DEVELOPMENT NARNCiI rawNarP m NEw y mMR CWNry orvo um mm. m,wrzu we.wn...ery ONNCR lDC, LLC PC 00N NO xiLUNGiW, C2W6 •• m o,.�aon®.®m_.rr.a_ wr vcmuxrm�.�_ oalc CEC a zold ,..... nvrrm . .... ,•n+•• m,r......o- rm �.e NANOVER DESIGN SERVICESP.A k,-0 Z II� I' IIq plry�p1111 �I�I�II II II III �II III FOR REGISTRATION 4 23 10 PM DEEDS 2013015015 NII BK 527313PG 1916-1919 FEE $26 00 NC REV STAMP $330 00 IN51 NENi p K13015015 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by Nancy M. Guyton, Attorney Returned To: Morgan & Carter, PLLC P.O Drawer 59 JC yy�.� ""n*r Wilmington, NC 28402 Excise Tax $330.00 TAX PARCEL No- P/O R05000-001-002-000 Brief description for the index: LOTS 1, 2 & 3 LANTANA CROSSING PHASE ONE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this Z q "day of April, 2013 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and Stevens Building Company, a North Carolina corporation, herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEE. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEE and its successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows III f(19IIIIIIIIII(�IIIIII�fIINNIHIIllllIIN 201303131857 FOR REGISTRRTION REGISTER OF DEEDS TRMMY TNEUSGH HEFSIEY NE4 HRNOVER COUNTY NC 20i3 RUG 30 02:50:01 PM BK:5766 PG:1052-1055 fEE.126 00 K REV STMP:$110.00 INS MEN1 1201321657 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Retuned To: Morgan & Carter, PLLC P.O. Drawer 59 JC fkane, if Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-002-000 Brief description for the index: LOT 11 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this Z i?) day of August, 2013 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: IIII�IIIINIIIIIIRAINIIIAIIAA IIIIIIIINAII 2013032284 FOR REGISTRRTION REGISTER OF DEEDS @1Y THEUSCH BERSLE T RY NE4 HMIOVER COU1nY, NC 2013 SEP 04 04 33 03 PM BK 5767 PG 655-658 FEE $26 00 NC REV ST MP $330 00 1NSWENI # 21713032N WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by Nancy M G CarterAttorney Re,N Morgan &Carter, PLLC P O. Drawer 59 y Wilmington, NC 28402 Excise Tax: $330.00 TAX PARCEL No: P/O R05000-001-002-000 Brief description for the index - LOTS 62, 63, 65 LANTANA CROSSING PHASE THREE I The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 41h day of September, 2013 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference QS II I� III III III IIIVII IA�I II II 2015016304 FOR REGISTRRT[ON REGISTER OF DEEDS TRMMY THEUSCH BERSLEY NEW HRNOVER COUNTY. Nc 2015 JUN 03 04 23 43 PM BK 5893 PG 2087-2090 FEE $26 00 K REV STAMP $110 00 IN51RUr I # N150M; WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Returned To: Morgan & Carter, PLLC P.O. Drawer 59 JC Hearne, II Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: R05000-001-015-000 Brief description for the index: LOT 9 PHASE TWO LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 1st day of June, 2015, by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Dnve, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. �T I20IIIII111161111311'�1IN11�IlIIINl�lll�lllll FOR RERMMYTRHEUSCHRBERSLER OF DEEDS NEW HRNOVER COUNTY. ND 2013 OCT BB 04 N 58 PM BK 5775 K 599-602 FEE $26 N NC REV STPMP $3H 00 JN$J UNENi 12413U3 I WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by )Nancy M. Guyton, Attorney Returned To: Morgan & Carter, PLLC P O Drawer 59 JC Hearne, II Wilmington, NC 28402 Excise Tax: $330.00 TAX PARCEL No. P/O ROSOOO-00 1 -002-000 Brief description for the index. LOTS 20,21,64 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this %+~ day of October, 2013 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference IN IIW III�II II IIII�II II �I III II4I III 2013038240 FOR REOISTRRTI ON REGISTER OF 1EE05 TRMMY THEUSCH BERSLEY N£Y HRNOVER COUNTY. NC 2013 OCT 24 03 46 02 PM BK 5778 PG 1918-421 FEE $26 00 NC REV STAMP $110 00 DIMON Ni # NQ038240 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Morgan & Carter, PLLC Raturm-d To: P O. Drawer 59 a( n ti33fli�r �i Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-002-000 Brief description for the index. LOT 22 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 2�3 day of October, 2013 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it to hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. �,o W II III III I II IIIII IIIuIII1lI III 2014004915 FOR REGISTRRTION REGISTER OF DEEDS TRMMY THEUSCH BEASLEY NEW HQNOVER COUNTY, NC 2014 FEB 28 04 3155 PM BK 5800 PG 1163-1166 FEE $26 00 NC REV STAMP $110.00 INSiM # 4 iQN915 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: *Nancy M. Guyton, Attorney Morgan & Carter, PLLC i�2t![rlled t0: P.O. Drawer 59 Wilmington, NC 28402 J-03oph C Heame, 11 Excise Tax: $110.00 TAX PARCEL No: R05000-001-023-000 Brief description for the index: LOT 17 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED Iq THIS DEED, made this 2 day of February, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. i 2014005918 IIY� hln INI IINI II(I III NII FOR REGI STRRTION REGISTER OF DEEDS TRMMY THEUSCH BER6LEY NEW HRNOVER COUNTV, NC 2014 MAR 12 04 06 34 PM BK 5802 PG 914-917 FEE $26 00 NC REV STAMP $110 00 INSIRUNENI 1MAN WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: fNancy M. Guyton, Attorney Postumed to: Morgan & Carter, PLLC jos3ph C tleame, II P.O. Drawer 59 Wilmington, NC 28402 Excise Tax $110.00 TAX PARCEL No R05000-001-031-000 Brief description for the index: LOT 60 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 3.51P day of March, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. Illlll� Ill I�I�IIIIVII�IIIVI� Illl� II 2014006976 FOR REGISTRRT'ON REGISTER OF OEED5 TRMMY THEUSCI4 HERAEY NEW HANOVER COUNTY, Nc 2014 MAR 24 04 43 12 PM BK 5804 PG 885-HB FEE $26 00 NC REV STAMP $110 00 10011 Y@M6976 THIS INSTRUMENT PREPARED WITHOUT CERTIFICATION OF TITLE. WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE T -- THE PROPERTY. R�1m@d G7 Jozaph C Home, ll Prepared by*Nancy M Guyton, Attorney Morgan & Carter, PLLC, P O Drawer 59, Wilmington, NC 28402 Excise Tax 110 00 TAX PARCEL No ROSOOO-001-029-000 Brief description for the index LOT 23 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of March, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, whether one or more, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, North Carolina 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to them in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real 2014011922 FOR REGISTRATION REGISTER OF DEEDS 1AIMY THEUSCH BEASLEY NEW dANOVER COUNTY, NC 2014 MAY 14 03 32 49 PM SK 5813 PG 2748-2751 FEE $26 00 NC REV STAMP $110 00 MINIM # M4 IR? WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by Nancy M Guyton, Attorney _ Morgan & Carter, PLLC Returned to- P O Drawer 59 Josoph C 416mer if Wilmington, NC 28402 Excise Tax: $110 00 TAX PARCEL No R05000-001-024-000 Brief description for the index LOT 18 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 13 day of May, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by. Nancy M. Guyton, Attorney Morgan & Carter, PLLC Returned to' P.O. Drawer 59 JO=Ph L Hearne, E3 Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: R05000-001-030-000 Brief description for the index LOT 59 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 26 day of April, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEES, their heirs, successors, and assigns, in fee simple, forever. AND THE GRANTOR, for itself, its successors and assigns, does covenant to and with the said GRANTEES, their heirs, successors, and assigns, that GRANTOR is IIIVI IIIII I 2014010208 &FOR REGISTRRTION REGISTER OF DEED' TRMMY THEUSCH BERSLEY NEW HANOVER COUNTY NC 2014 APR 18 0,.48.21 PM 8K 5810 PG;2058-2061 FEE•$26 00 REV STPjfP:Sff0.00 PGRI U # 20 46102M WARRANTY DEED WFDC,LLC TO Stevens Building Company Returned to; Jewph C Hearne, IIII �IIII Illll IIIIIIINIIV IIIlllll II III 2014012757 3FOR OF DEED' BK 50I5 PG 1415-1 78 4ju "N @9 INS lR(1ro r # 1011011151 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Return@d to. - Morgan & Carter, PLLC J03QPh C Heame 11 P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $110 00 TAX PARCEL No: R05000-001-037-000 Brief description for the index - LOT 66 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA�GjENERAL WARRANTY DEED THIS DEED, made this 2Oday of May, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Dnve, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. 2� IIlII1 llllll I!I �II�J�IIIIIINIII IIII 2014015413 FOR REGISTRATION REGISTER OF OEFOS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2014 JUN 18 03 31 23 PM BK 5820 PG 2438-2441 FEE $26 00 NC REV STRMP $330 00 A51NNE111 # 1014015W WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney RetUfl18d t0; Morgan & Carter, PLLC JosaPh C HeMes 9 P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $330.00 TAX PARCEL Nos: R05000-001-016-000 R05000-001-018-000 FR1131:0111111 QII Brief description for the index: LOTS 10,12,13 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 16th day of June, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. I Il�il II Irl NlI. lililll I I I'�I IN I'illl I'i II'� II 2014016430 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY NC 2014 JUN 27 01 18 56 PM BK 5822 PG 2515-2518 FEE $26 00 NC REV STAMP $110 00 IF U DI # 2Gj1ORK WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Morgan & Carter, PLLC P.O. Drawer 59 Wilmington, NC 28402 Excise Tax- $110 00 TAX PARCEL No Brief description for the index. Retllmed to: J=ph C Heame,11 11 .Ii1Z1Z11111 E4111, IIIIll LOT 5 LANTANA CROSSING PHASE ONE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 26th day of June, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. IIIININ� 1111111NIIINIIN N�1111111NN11111INlnl 2014017567 FOR R'MMVT THEUSCHRBERSLER OF DEEDS NEW HANOVER COUNTY, NC 2014 JUL 08 04 36 00 PM BK 5825NCCREV4ST1AMP5FEE $26 $220 00 00 1N5 VENT � 2614 MFI WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by.' +Nancy M. Guyton, Attorney Morgan & Carter, PLLC Returned to; -- P.O. Drawer 59 J033ph C Hearne, II Wilmington, NC 28402 Excise Tax: $220.00 TAX PARCEL Nos: R05000-001-008-000 Lt .tt t0� t tri, Brief description for the index: LOT 4 LANTANA CROSSING PHASE ONE LOT 15 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 7th day of July, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference Ii�� III III NCI Ills {� {ill III 1{II Ili IlU I{II 2014018288 SFOR REGISTRRTION REGISTER OF DEED' TRMMY THEUSCH BERSLEY NEW HRNOVER COUNTY NC 2014 JUL 15 03:34. PM Y 5826NCGREV�S 2 E110:006 00 1NSiRUMENI 11@140 M WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Returned to - Morgan & Carter, PLLC J0300 C Hearne, El P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $ 110.00 TAX PARCEL No: R05000-001-020-000 Brief description for the index: LOT 14 LANTANA CROSSING PHASE THREE The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this loth day of July, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference M IIIIIIIIIIIIINI!Illillli.!I�!IIIIIInN IIIIIII�II!Iilll 2014021416 FOR REG75TR...ON REGISTER OF DEEDS TPMMY THEUSCH 9EPSLEY 2014HAUG 14 04457Y35NPM 8K 5832 PG 2173-2176 FEE $26 00 NC REV STAMP $110 00 1NS MENi # 2N021116 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by. Nancy M. Guyton, Attorney F3etulrfed to.. Jc300 C Heame li Morgan & Carter, PLLC P O. Drawer 59 Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: R05000-001-048-000 Brief description for the index LOT 57 LANTANA CROSSING PHASE FOUR The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 12th day of August, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. IIII III III III �III�I Illlu I I�IIIIIII 2014022826 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEA'.,LEY NEW HANOVER COUNTY, NC 2014 AUG 28 04 31 20 PM BK 5835 PG 2157-2160 FEE $26 00 NC REV STAMP $110 00 INSiRUNEVI 2014OM6 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by Cancy M Guyton, Attorney Returned TO: Morgan & Carter, PLLC P O Drawer 59 9C Heame,11 Wilmington, NC 28402 Excise Tax $110 00 TAX PARCEL No R05000-001-043-000 Brief description for the index LOT 29 LANTANA CROSSING PHASE FOUR The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 28th day of August, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference 1111111 11111111111 IB I I� II I� I� II II 2014029180 FOR REGISTRPTION REGISTER OF DEEDS TAMY THEUSCH BERSLEY NEW HaNOVER COUNTY, NC 2014 OCT 30 04 38 44 PM BK 5848 PG 125E-1261 FEE $26 00 NC REV STPMP $220 00 [NPREN1 # 201402919 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Morgan & Carter, PLLC Returned To: P.O. Drawer 59 Wilmington, NC 29402 JC Hearne, II Excise Tax: $220.00 TAX PARCEL No: R05000-001-046-Wo R05000-001-032-000 Brief description for the index: LOT 55 PHASE FOUR, LOT 61 PHASE THREE, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 28th day of October, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. 3• �.� ?,As I III6»I IIIil lllll �N IIRI Ii� I� I II01111 20140304030672 iFOR REGISTRRTION REGISTER OF DEED' NEY�11gN.,.R OU.NTrY NC 2014 NOV 14 04.31 27 PM BK 6B61 PGA333-1336 FEE426 00 NC REV STAMP • 5220.00 INMUMENI 1201UM WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney FICtUmed to. Morgan & Carter, PLLC J���Ntt C Hearne, 1' P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $220.00 TAX PARCEL No: ROSOOO-001-044-000 R05000-001-014-M Brief description for the index: LOT 53 PHASE FOUR, LOT 8 PHASE TWO, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 13th day of November, 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their hens, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. II11�1111N1{�IIIIIIINIIIIIIIIIIIIINIIIn�lllh811 2014032581 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2014 DEC 04 04 40 41 PM BK 5855 PG 1047-1050 FEE $26 00 NC REV STAMP $330 00 19TRUV # 201032581 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Morgan & Carter, PLLC r:7a,!rRed fO: P,O. Drawer 59 `l•"—A C memo Wilmington, NC 28402 Excise Tax: $330.00 TAX PARCEL No: R05000-001-013-000 RO5000-001-038-000 RO5000-001-039-000 Brief description for the index: LOT 24, 2S PHASE FOUR, LOT 7 PHASE TWO, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 4th day of December 2014 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. 10111 IIII INS Illl III NIA NII NII IN NCI N� 1111 VOR TEErISTR USCNRBERSIEV OF DEED' NEW HRNOVER COUNTY, NC 2015 JRN 08 84 32 52 PM 8K 5861K REV45TANP1FEE .$220 006 00 jjpgU l 1201609 M WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Morgan & Carter, PLLC ti - ,2 r pd to! P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $220.00 TAX PARCEL No: R05000-001-012-000 R05000-001-042-000 Brief description for the index: LOT 6 PHASE TWO, LOT 28 PHASE FOUR, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this r day of January, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. �5 �ti° 111191111111NIUIIiINIIINIIIII�IIBIINIIIIIINII 201B003693 FOR REGISTRFlTION REGISTER Of DEEDS NEW TNEUSLH 9ERSLEY 2015NFEB 11 03 43Y12 PM BK 5867 PG 1819-1822 FEE $26 00 NC REV STAMP $120 00 INSTRUI W I P01504 o WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Returned To: Prepared by: Nancy M. Guyton, Attorney JC Hearne, D Morgan & Carter, PLLC P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000 Brief description for the index: LOT 49 PHASE FIVE, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA/GENERAL WARRANTY DEED THIS DEED, made this /D / day of February, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. II Ilullll ul 114I FOR REG:STRHEION REGISTER OF DEEDS WqEY TNEUSCN BEHSL NEW NRNOVER COUNTY, NC 2015 FEB 20 04 38 35 PM BK 5869 PG 1605-1608 FEE $26 00 K REV STRMP $120 00 INSiRUEF 0 N15009K WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: &ancy M. Guyton, Attorney Returned to - Morgan & Carter, PLLC Joseph C ii82 ip, P.O Drawer 59 Wilmington, NC 28402 Excise Tax- $120 00 TAX PARCEL No. P/O R05000-001-011-000 Brief description for the index LOT 48 PHASE FIVE, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this � day of February, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their hens, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference ,gyp: II IIIIY I�I @�II II II�Y IInII �IIIII I� II 2015006315 FOR REGISTRATION REGISTER OF DEEDS TAMOY THEUSCH BEASLEY NEW HANOVER COUNTY. NC 2015 MAR 10 03 35 44 PM 8K 5873 PG 60-63 FEE $26.00 NC REV STAMP.$220 00 INF U Ail # N15ON315 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by *Nancy M Guyton, Attorney Morgan & Carter, PLLC RB2l med to* P.O Drawer 59 J:.^ Ph C n 1 €i Wilmington, NC 28402 Excise Tax: $220.00 TAX PARCEL No. R05000-001-040-000 R05000-001-047-000 Brief description for the index: LOTS 26 & 56 PHASE FOUR, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 14'F� day of February, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. ��° IIIIIIII�l�INIINNNII�IIIlIINIIINNIIIIII�II 2etso14653 FOR REGISTRATION REGISTER OF DEEDS TRMMY THEUSCH SERSLEY NEW HRNOVER COUNTY, NC 2015 MAY 20 04 25 06 PM BK 5990 PG 872-875 FEE $26 N NC REV SIPMP $110 00 ICON 1101TM WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M Guyton, Attorney Morgan & Carter, PLLC r:7. 9,ned toe P O. Drawer 59 �""";h C Home; 11 Wilmington, NC 28402 Excise Tax: $110.00 TAX PARCEL No: P/O R05000-001-022-000 Brief description for the index - LOT 16 PHASE THREE LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this -I - day of May, 2015, by and between, WFDC, LLC herein, whose mailing address Is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to It in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. 1�11 �UI IIIII IIIII III IIII II II IIIII III I IIII II II IIII 2015005763 FOR RpnMYTTWEUSCHREGIST BERSI.EY OF DEEDS NEW HRNOVER COUNTY. NC 2015 MAR 04 04 11 45 PM BK 5872 PG 24-241 FEE•S26 00 NC REV SIAMP,$120 00 JNpI g # n50Q v WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: ANancy M. Guyton, Attorney Morgan & Carter, PLLC RetuTi W to.* P.O. Drawer 59 Jc=ph C F1eme, [I Wilmington, NC 28402 Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000 Brief description for the index: LOT 47 PHASE FIVE, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of March, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. IIIININUIi�nIIl�1NNIINIIalll�l�llb�ll�Il 20t5006626 FOR REGISTRPTION REGISTER OF DEEDS TPNMV THEUSCH SEPSLEV NEW HA OVER COUNTY, NC 2015 MAR 12 04 20 16 PM 8K 5813NCGREV ISTO79 P V60 FEE 006 00 INF UMENi t 24156KO WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: Nancy M. Guyton, Attorney Refty j�d t - - Morgan & Carter, PLLC J `► H®I �� P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $360.00 TAX PARCEL No: P/O R05000-001-011-000 Brief description for the index: LOTS 44, 50, 52 PHASE FIVE, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this l D I" day of March, 2015 by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. IIII 41Y II I IIII I III III I�I III I I IIII II IIII 2015011989 FOR RE DE RED ISTER OF DEED5 TW'IMY THE BEASLEY NEW HPNOVER COUNTY, NC 2015 APR 28 03 41 16 PM 8K 5884CREY STAMP $230 00 00 RC IPRU 129150A9 WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared byr A Nancy M. Guyton, Attorney RatumW t0; Morgan & Carter, PLLC JC Xregrne, II P.O. Drawer 59 Wilmington, NC 28402 Excise Tax: $230.00 TAX PARCEL Nos: P/O R05000-001-011-000 R05000-001-045-000 Brief description for the index: LOT 41 PHASE FIVE & LOT M PHASE FOUR, LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this Z 3/day of April, 2015, by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to It in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. III i H� Ili NIN II I CHI I III N� 8 � INII NN fl 2035013061 FOR REGI STRRTION REGISTER OF DEEDS TRMHY THEUSCH BERSLEY NEW ...... R COUNTY. NC 2015 MAY 06 03 33 23 PM BK 5887 PC 334-337 FEE $26 00 NC REV STAMP $120 00 INSiR0 I # 201501 N WE PREPARED THE DEED IN THIS TRANSACTION, BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Prepared by: -&ancy M. Guyton, Attorney Bt!lrlt@d to:P.O. Drawer 59 Morgan Carter, PLLC Joseph C Heamaj li Wilmington, NC 28402 Excise Tax: $120.00 TAX PARCEL No: P/O R05000-001-011-000 Brief description for the index: LOT 37 PHASE FIVE LANTANA CROSSING The property conveyed herein does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of May, 2015, by and between, WFDC, LLC herein, whose mailing address is 1201 Glen Meade Road, Wilmington, North Carolina 28401, called GRANTOR, and STEVENS BUILDING COMPANY, a North Carolina corporation herein, whose mailing address is 5710 Oleander Drive, Suite 200, Wilmington, NC 28403, whether one or more, called GRANTEES. WITNESSETH THAT: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEES, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto GRANTEES and their heirs, successors, and assigns forever, all that certain real property located in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference. 3 WFDC, LLC Post Office Box 3649 - Wilmington, North Carolina 28406 Phone: (910)762-2676•Fax: (910)762-2680 September 8, 2015 Ms. Kelly Johnson NCDENR 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: SW8120911 Lantana Crossing Transfer of Stormwater Pond to HOA Dear Ms. Johnson: Thank you for taking your time this morning to review the materials to be submitted in response to your letter dated August 26, 2015. Pursuant to our conversation. this will confirm that Stevens Building Company has sold and deeded out 42 homes to the retail homeowners. Attached hereto is a list of the lots that have been sold and deeded out along with the buyer's last name and the date of closing. 1 have also included a copy of the recorded plats with the homes sold by Stevens highlighted in orange. Also attached is the Plan Revision Application with attachments showing the final lot numbers as recorded. It is my understanding that these documents will complete the items necessary for the Permit to be transferred. Your assistance in getting= this done is greatly appreciated. Best Regards, WFDC, LLC By: 9 William H. Cameron, Manager ENE i6 E N7+ e SEP 1 12015 WHC:dp� BY: Enclosures Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, September 01, 2015 2:29 PM To: Bill Cameron (bill@cameronco.com) (bill@cameronco.com) Subject: SW8 120911, Lantana Crossing Mr. Cameron, The plan revision application and instructions are available on our website, http://portal.ncdenr.org/web/ir/state- stormwater-forms docs. Thanks, Kelly V—CLLl Johv"Sov" Kelly Johnson ,Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 26, 2015 Mr. William H. Cameron, Manager WFDC, LLC P.O. Box 3649 Wilmington, NC 28406 Subject: Notice of Inspection and Request for Additional Information Lantana Crossing State Stormwater Management Permit No. SW8120911 New Hanover County Donald van der Vaart Secretary Dear Mr. Cameron: The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a Stormwater Management Permit Name/Ownership Change Application for the subject project on June 18, 2015. In support of this request, the DEMLR inspected the subject project on August 26, 2015 to determine the status of compliance with the permit which was issued on November 28, 2012. Notice of Inspection: DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report' attached to this letter, which summarizes the findings of the recent inspection. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including operation and maintenance of the permitted stormwater system. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. Request for Additional Information: A preliminary review of the information submitted has determined that the application is not complete. The following information is needed to continue the stormwater review: Permit Transfer: The Name/Ownership Change Form shows that you would like to transfer the permit to the Lantana Crossing HOA, Inc. Though the HOA owns the common areas, and the project is in compliance, the ownership data you have submitted shows that Stevens Building Company owns —73% of the subdivision. The HOA is an incorporated entity per the NC Secretary of State, but it appears that Stevens Building Company is the primary landowner. It does not appear that the homeowners in the HOA are in control of the subdivision such that they can be the permit holder per SL2011-256. If you would like to transfer the permit to Stevens Building Company, assuming that Stevens is associated with the HOA who owns the common areas, please submit a revised transfer form. Otherwise, the transfer application will be returned to you. Plan Revision: The lot numbers have been revised since the permit was issued. The deed restrictions are recorded to allow 3,500sf of BUA per lot regardless of the lot number, and so this does not affect the permit text. However, in comparing the PE Certification plan received on June 18, 2015 to the permitted plan dated November 28, 2012 it is difficult to line up the lot numbers. For instance, the 2012 plan shows lot numbers 64-68 and the 2015 plan does not. All of the lots on the 2015 plan have been revised from the 2012 plan. Please submit a plan revision application showing all of the lots and their current lot number. Please have WFDC, LLC submit the application. (It will be processed prior to permit transfer if the permit is transferred.) Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 August 26, 2015 Please note that this request for additional information is in response to a preliminary review. The requested information 1 should be received in this Office prior to September 28 2015, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at your email address here. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7331 or via email at kelly.p.johnson@ncdenr.gov. Since ly, elly Johplson Enviro ental Engineer GDS\kpj: \\\Stormwater\Permits & Projects\2012\12091.1 HD\2015 08 CEI_compliant 120911 enc: Inspection Re oft, August 26, 2015 cc' David Hollis, PE, Hanover Design Services Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiP Stormwater File Page 2 of 2 Compliance Inspection Report Permit: SW812091I Effective: 11/28/12 Expiration: 11/28/20 Project: Lantana Crossing previously Wildflower Subdivision Wilmington Owner: Wfdc LLC County: New Hanover Adress: Aibemade Road And Sturbridge Dr Region: Wilmington City/State/Zip: Wilmington NC 28405 Contact Person: William H Cameron Title: Manager Phone: 910-762-2676 Directions to Project: South end of Sturbridge, west end ofAlbemade take Market east of College to Judges, then north to Albemarle, west to site. "'Reviewer needs to verify lat/long coordinates" Type of Project: State Stonnwater - HD - Detention Pond Drain Areas: 1 - (Spring Branch) (03-06-23 ) ( C,Sw) 2 - (Spring Branch) (03-06-23 ) (C,Sw) On -Site Representative(s): Related Permits: Inspection Date: 08/26/2015 Entry Time: 08 30AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwaler Facility Status: 0 Compliant ❑ Not Compliant Question Areas: ® State Stonnwater (See attachment summary) Exit Time: 09:OOAM Phone: 910-796-7331 Inspection Type: Transfer Renewal page 1 permit: SW8120911 Owner -project: Wfdc LLC Inspection Dale: 08/26/2015 Inspection Type Transfer Renewal Reason for Visit. Routine File Review Yes No NA NE [3 ❑ ❑ ❑ Is the permit active? Signed copy of the Engineer's certification is in the file? ® ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ® ❑ ❑ ❑ Copy of the recorded deed restrictions Is In the file? ® ❑ ❑ ❑ Comment Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ® ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ® ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? Es ❑ ❑ ❑ Comment SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑ Are the SW BMP Inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ El DWO upon request? Comment. page: 2 Completeness Review Checklist Project Name: C nS—N I hp Received Date: Project Location: Accepted Date: IRule(s) 2008 Coastal 1995 Coastal ®Phase II (WiRO) Universal 1988 Coastal LType of Permit: New or Mod or MR Existing Permit # (Mod or PR): 1 MPE Cert on File? Density: HD or LD Type: Commercial or Residential I L_JNCG: %: M(% OK?) Stream Class: r__JSA Map I r__JOffsite to SW8 - (Subdivided?: Subdivision or Sinele Lot 11 IORW Map I I IExe Paperwork Emailed Engineer on: El Supplement(s) (1 original per BMP) BMP Type(s): 0&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) I --A plication with correct/original signatures `Dec�•rwJp D6eed Corp or LLC: Sig. Auth. per SoS or letter �D )i" ®Email Address: Design Engineer 0$505 (within 6mo) _'[-p ®Email Address:- Owner-- ®Soils Report with SHWT I F Note to Reviewer: ®Calculations(signed/sealed) No obvious errors c oL'e� Density includes common areas, etc ®Deed Restrictions, if subdivided: (...�tc'.�,'ct�c-� er• co�Fra---tea-. FlSiened & Notarized Plans ®2 Sets Grading Vicinity Map Legend ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Wetlands: Delineated or No Wetlands Layout (proposed BUA dimensions) DA Maps MProject Boundaries Infiltration Wet Pond Offsite Soils Report ®Soils Report ®PE Cert for Master Lot #: SHWT: ®Deed Rest for Master ®Lot # Matches Master Bottom: ®SHWT: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Information: Permitted Proposed:_ Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) � S- �i ow State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT TRANSFER REQUEST FORM (Pursuant to N.C.G.S. 143-21 4.7(c2)/Sess ion Law 2011-256) This request form is for a transfer of the stormwater permit from a current permittee who is the declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256. I. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer request. uz�i This completed and signed form. 2,�gal documentation showing that common areas related to the operation and maintenance of the stormwater management system have been conveyed to the proposed permittee in accordance with the condominium or planned community declaration. 3 gal documentation showing that the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant. 4.,A,c6py of any recorded deed restrictions, covenants, condominium/planned community declaration or easements, if required by the permit. r A,j e designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 6. he proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the proposed permittee is a legal entity and the named representative has the authority to act on behalf of the proposed permittee. �YThe $40.00 processing fee. If this is an initial transferJzom-the original permittee the processing L/ fee is not required. Subsequent owners ip rans ers wi require the $40.00 processing fee. ECEIVE JUN 18 2015 BY: SSW HOA N/O Change Rev24Sept2012 Page 1 of 3 M II. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number:' g 1% D g j I 2. Project Name: 3. Current Permitee's Company Name/Org)nization: W F DG L L G 4. Signing Official's Name: fA) i lllSw Title: 9_914 ir- 5. Mailing /I Address: 0 _96P'N 36V 9 City: —Stater Zip: z8 `l06 6. Phone: ( 510 rl � Z - 2� 7� Fax: &0) ' b Z- 4 RD III. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION The proposed permittee identified in the condominium or planned community's declaration is the following (check one): ❑Unit Owners Association E, /Owners Association ❑ Other Management Entity ECEIVE JUN 18 2015 BY: Proposed Permittee's: 1. Company Name/Organization: Lc-o 7a_ wb ��✓b S SI n9 �i'� Znc 2. Contact Name & Title (Please provide name of company/organization's authorized representative or agent and her/his official title such as President): �nG/� GAMS 3. Mailing Address: 141 Z �%144, ..7SnFf I`o �i )— r7 City: 1 1 lti IM a 0 � State: Zip: 2 SV 4. Phone: ( qW y 1;7v - ,� 2f Z Fax: (1 /0 ) 25_6 IV. CURRENT PERMITTEE'S CERTIFICATION I, W pL� Z LG , the current permittee, am submitting this request for a transfer of stormwater permit # SW g1 a O t // . I hereby attest that I have met the requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propose to transfer the permit to a unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration. The common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration. I have provided a copy'" of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the DWQ stormwater inspection report evidencing compliance to the proposed permittee named in Section III of this form. I further attest that this request for a permit transfer is accurate and complete to the best of my knowledge. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be SSW HOA N/O Change Rev24Sept2012 Page 2 of 3 4 returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Section II of this form. I understand that this permit transfer cannot be approved by the DWQ unless and until the f�ciliis in compliance with the permit. Signature: I, �i onno a. Pardue. , a Notary Public for the State of Norkh CoLroline, , County of P xe ) tia..nuel do hereby certify that t A i lllarn NA • Cavne�6+1 personally appeared before me this the I tday of —Z "Ye_ , 20�G_, forgoing,instrument. fitness my hand and official seal, �ryg� . �Gt/Ltllci Notary SignatUre and acknowledge the due execution of the \\��� Atarp��l) � QOi NOTARy PUBLIC f'UBIIC 4i11ER1 CO�N`�\�� " It is recommended that all documents that are required for the transfer of this permit be sent by a traceable delivery method to the proposed permittee. Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and the processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. DWO Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 ECEIVE JUN 18 2015 BY: SSW HOA N/O Change Rev24Sept2012 Page 3 of 3 �� ra� :, ���� C4 I� �tl.11�11611�W1Wllli FBB BEGI6iR6TiGN REG I6TER BF DEEM IYIWWI tlu i��n1 n''ul TMNY TMEUSGI BEP ET NEY IYYIOVFF CdWTY NC 2013014740 2013 W 25 12 15 10 R BK 5731 PG:67-87 FEE W 00 NUM M 1211NIIIA9 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA AND/OR THE STATE OF NORTH CAROLINA. (BUT SEE ARTICLE VI SECTION 3(J) WHICH PERMITS ALL OWNERS TO DISPLAY AN AMERICAN AND/OR NORTH CAROLINA FLAG 4'X6' OF SMALLER) Prepared By: Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 ECEIVEFJ JUN 18 2015 BY" STATE OF NORTH CAROLINA DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER FOR LANTANA CROSSING This Declaration, made the _ day of April, 2013 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as *Declarant' or "Developer" for the purposes hereinafter stated, WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as LANTANA CROSSING PHASE ONE, which is shown on a plat (the "Plat") recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, In Map Book 57, Page 390, to which reference is made for a more particular description (the "Property"), EXCEPTING. HOWEVER, from the definition of Property hereunder those certain areas designated as '50'Access Easement' and'30' Drainage EasemenP located adjacent to Lot 5, Lantana Crossing Phase One, as shown and depicted on said plat NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I DEFINITIONS In addition to other terms defined herein, the following capitalized terns shall have the following meanings as used herein, SECTION 1. Additional ProoeM shall mean and refer to any lands, in addition to the above described Property, which are located within one (1) mile of the Property and which are annexed to and made a part of the Planned Community in accordance with this Declaration, whether such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot as is more specifically set forth in this Declaration The Allocated Interest for the Common Expense Liability need not be the same as the Allocated Interest for voting purposes The votes allocated to each Lot are set forth in Article III herein and the Common Expense Liability allocation for each Lot Is set forth in Article IV herein The definition of Allocated Interest as set forth in N C G S §47F-1 -1 03(f) shall not apply to this Planned Community. SECTION 3. Association shall mean and refer to Lantana Crossing HOA, Inc, a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4 B rl er shall mean a Person purchasing a vacant lot for the purpose of constructing a home for sale to a third party and not for use by such Person or any principal, director, shareholder, officer, member, manager, or partner of such Builder or a family member of any principal, director, shareholder, officer, member, manager, or partner of such Builder. SECTION 5. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned, enjoyed, maintained or leased by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, and all facilities located thereon, including, without limitation, stormwater retention ponds and stormwater runoff system, drainage easements, sign easement areas, or private roads within the Planned Community Common Elements shall also include any areas designated on any plats for the Planned Community as "Open Space', "Common Area", "Common Element", "Recreation Area", "Amenity Area", "Conservation Area(s)", "Park" or'Park Area', or other designation, whether owned by the Association, the Declarant, or any other Person SECTION 6. Common Expenses means expenditures made by, or financial liabilities of, the Association together with any allocations to reserves SECTION 7. Common Expense LiabrlrN means the liability for Common Expenses allocated to each Lot as pemutted by the Act, this Declaration or otherwise SECTION 8. Declarent shall be used interchangeably with Developer and shall mean and refer to WFDC, LLC, its successors, and its assign(s), if such assign(s) acquire a Special Declarant Right in accordance with N.C.G.S §47F-3-104 SECTION 9 Declarant Control Period shall have the meaning set forth in Article III hereof. SECTION 10 Declaration shall mean this instrument as it maybe from time to time amended or supplemented SECTION 11 Executive Board or Board shall mean the Board of Directors of the Association, who shall be the body designated in this Declaration to act on behalf of the Association SECTION 12 Limited Common Elements shall mean the real property, areas and facilities which are Intended for the exclusive use of one or more, but less than all of the Lots as shown and designated on any maps of sections of the Planned Community which are or may be recorded in the New Hanover County Registry or which may be annexed to this Declaration by any amendment annexing Additional Property and all facilities located thereon. SECTION 13. Limited Common Expenses shall mean actual and estimated expenses of maintaining, operating, repairing, and replacing the Limited Common Elements, including insurance, reasonable reserves and utilities as may be found necessary and appropriate by the Executive Board for the benefit of the Limited Common Elements SECTION 14. Lotfsl shall mean and refer to any numbered lot shown on the Plat, and any numbered lot that may be shown on any plats of any part of the Additional Property that may be hereafter recorded in the office of the Register of Deeds of New Hanover County. The Lot(s) are the portions of the Planned Community designated for separate ownership by a Lot Owner or Lot Owners SECTION 15. Lot Owner or Owner shall mean the Declarant or other Person who awns a fee simple title to any Lot, or who owns fee simple title to an undivided interest in a Lot, including contract sellers, but excluding those having such Interest merely as security for the performance of an obligation SECTION 16 Master Association means a master association as defined in the F,LTqJ SECTION 17. Person means a natural person, a business or nonprofit corporation, limited liability company, trustee(s) of a business trust, trustee(s) of charitable or nonchantable trust, limited or general partnership, joint venture, government, governmental subdivision, governmental agency, or other legal entity SECTION 18. Planned Communty shall mean and refer to the Property plus any Additional Property made a part of the Planned Community by the annexation In accordance with this Declaration SECTION 19. Purchaser means any Person, other than the Declarant or a Person in the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (i) as security for an obligation SECTION 20. Reasonable Attomevs' Fees means attomeys' fees reasonably Incurred without regard to any limitations on attomeys' fees which otherwise may be Imposed bylaw SECTION 21 Special Declarant Rights means any and all rights, powers, and privileges reserved for the benefit of the Declarant in this Declaration, including, but not limited to, (i) the right to complete improvements Intended or planned by Developer for the Property or Additional Property; (li) the right to exercise any development or other right reserved to the Declarant by this Declaration or otherwise; (w) the right to maintain within the Planned Community sales offices, management offices, construction offioesttrailers, signs advertising the Planned Community, and models; (iv) the right to use the Common Elements for the purpose of making Improvements within the Planned Community; (v) the right to make the Planned Community part of a larger planned community or group of planned communities; (vi) the right to make the Planned Community subject to a Master Association; (vii) the right to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Decarant Control Period (viii) the right to permit or cause other land to be annexed to the Planned Community in accordance with this Declaration, and (ix) the rights reserved to the Declarant in Article V of this Declaration. SECTION 22. Stormwater Permit shall mean State Stormwater Permit Number SW8 120911 issued by the North Carolina Division of Water Quality ('DWQ'), Department of Environment and Natural Resources ('DENW) ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1 Owners' Property Rights and Easement of EnjovmenL Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners, (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Owners of at least eighty percent (80%) of the Lots, excluding the Developer, provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support SECTION 2. Easements in Favor of Declarant and the Association T he following easements are reserved to Declarant and the Association, their agents, contractors, employees, successors and assigns. (a) Easements as necessary in the lands constituting the Common Elements and the rear and front ten feet of each Lot and side five feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the night to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone Imes, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of New Hanover County, the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance, the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance ) No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or Interfere with established slope ratios or create erosion These easement areas (whether or not shown on the recorded plats for the Planned Community) but not the improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible (b) The right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the Owner of such Lot (c) Easements over, under, and across all streets, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress to and from any Additional Property, and for the installation of utilities for any Additional Property (d) Easements shown and depicted on any recorded map or plat and which affect any Lot or Limited Common Element or which serve the Planned Community or are necessary for the development of the Planned Community. (e) An easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration SECTION 3 Other Easements. The following additional easements are granted by Declarant. (a) an easement to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other Person authorized by it, shall have the Immediate right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners. (c) the Association is granted an easement over each Lot for the purposes of performing Lot maintenance and upkeep when an Owner falls to provide maintenance and upkeep In accordance with this Declaration. SECTION 4 Nature of Easements All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, Purchaser, mortgagee and other person having an interest in the Planned Community, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association The Association was formed on March 19, 2013 The Association is a North Carolina nonprofit corporation organized pursuant to the North Carolina Nonprofit Corporation Act for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and facilities located on the Common Elements and any Limited Common Elements and facilities located on the Limited Common elements, the stornwater runoff system, sign easement areas and other property and facilities maintained by the Association, to enforce covenants, conditions and restrictions of this Declaration; and to make and enforce rules and regulations governing the Owners' use and occupation of Lots. The Association shall perform its functions in accordance with this Declaration, its Articles of Incorporation and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as 9 may be amended from time to time, in addition to any powers and authority otherwise granted to it SECTION 2 Membership. Every Owner shall be a Member of the Association Membership shall be appurtenant to and may not be separated from fee simple ownership of a Lot or fee simple ownership of an undivided interest in a Lot SECTION 3 Voting Riohts The Association shall have two classes of voting Membership Class A Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned When more than one Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot Fractional voting with respect to any Lot is prohibited Class B The Declarant shall be a Class B Member and shall be entitled to three (3) votes for each Lot owned and for each planned but currently unplatted Lot to be in the Planned Community. The total number of planned Lots for the Planned Community is currently 63, provided however, that the actual number of Lots may be more or less, and the Class B member makes no representation whatsoever regarding the actual number of Lots to be included in the Planned Community The Class B Membership shall cease and be converted to Class A Membership on the happening of any of the following events, whichever occurs earlier (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership (taking into account all Lot(s), including Lots(sl shown on the Plat. and Lot(s) added to the Planned Community through the annexation of additional land as provided in this Declaration, (b) on December 31, 2032, or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. SECTION 4. Declarant Control Period (a) The Declarant Control Period shall commence on the date this Declaration is executed, and shall end (i) when three -fourths (3/4ths) of the Lots are no longer owned by the Declarant (taking into account all Lot(s), including Lots(s) shown on the Plat, and Lot(s) added or which are planned to be added to the Planned Community through the annexation of additional land as provided in this Declaration), (it) December 31, 2032, or (Ili) the Declarant executes a written document stating the Declarant Control Period under this Declaration has ended, whichever occurs first (b) During the Declarant Control Period, the Declarant shall have the nght to designate and appoint the Executive Board, the right to remove any Person or Persons designated and appointed by the Declarant to serve on the Executive Board, and the right to designate and appoint a Person or Persons to serve on the Executive Board for the remainder of the term of any Person serving on the Executive Board who may resign, die, or be removed by the Declarant. SECTION 5 Government Permits After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, land use, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. Declarant reserves the right to assign any such permits, easements, or agreements to the Association, in which case the Association shall be required to assume the same There are additional provisions made in this Declaration concerning stomhwater facilities and the Stor mwater Permit SECTION 6. Common Elements The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Planned Community from the date of completion of its construction or improvement by the Developer, whether or not (r) such Common Element has actually been deeded to the Association, or (it) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association If the Declarant is required by any governmentagency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor The Association agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the amount thereof if it does not have other sufficient funds available Declarant shall be entitled to specific performance to require the Association to levy and collect such Special Assessment SECTION 7 Insurance. The Execubve Board on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, rf any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees At a minimum, the Executive Board shall maintain the insurance coverages required by the Act SECTION 8. Architectural Control Committee. The Executive Board shall perform all duties of the Architectural Control Committee if no such committee is appointed by it, subject, however, to the Special Declarant Rights Any Architectural Control Committee appointed by the Executive Board shall consist of at least 3 members ARTICLE IV COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the 'Assessments" or "Assessment) - (a) Annual Assessments, (b) Special Assessments; (c) Insurance Assessments; (d) Ad Valorem Tax Assessments; (e) Working Capital Assessments, and (f) Individual Assessments The Assessments, together with interest, casts and Reasonable Attorneys' Fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made Each such Assessment, together with Interest, costs and Reasonable Attorneys' Fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Puroose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Planned Community and for the maintenance, repair, improvement and replacement of the Common Elements and any Limited Common Elements The funds arising from said assessments or charges, may be used for any or all of the following purposes: operation, maintenance and improvement of the Common Elements and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges, establishing and funding reserve accounts, establishing working capital, paying dues and assessments to any organization or Master Association or other association of which the Association is a member, and in addition, doing any other things necessary or desirable as determined by the Executive Board to keep the Common Elements and Limited Common Elements in good operating order and repair SECTION 3 Annual Assessments The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year of the Association. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a quorum The budget is ratted unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board The Annual Assessment for each Lot shall be established based on the annual budget thus adopted, provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall become due and payable shall be established by the Executive Board. The Executive Board shall have the authority to require the Assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid SECTION 4 Special Assessments In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the following purposes. (a) To defray, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of two-thirds (213) of the Members of each Gass who are voting in person or by proxy at a meeting duly called for this purpose Written notice of any meeting of Owners called for the purpose of approving such Special Assessment shall be sent to all Members not less than ten (10) days or more than sixty (60) days in advance of the meeting (b) Without a vote of the Members, to provide funds to reimburse the Declarant as provided for in Article III, Section 5, hereof. SECTION 5 Insurance Assessments All premiums on insurance policies purchased by the Executive Board or its designee and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may at any time levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment SECTION 6. Ad Valorem Tax Assessments All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may at any time of year levy against the Owners equally an "Ad Valorem Tax Assessmenf, in addition to the Annual Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a component of the Annual Assessment SECTION 7 Working Capital Assessments. Upon acquisition of record title to a Lot by the first Owner other than the Declarant or a Builder, such first Owner shall pay the sum of $200.00 to the Association as working capital to be used for operating and capital expenses of the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other Assessments SECTION 8 Individual Assessments In addition to the other Assessments set forth in this Article IV, the Executive Board may levy an Individual Assessment against specific Lot(s) for the following purposes: (a) For the payment of Limited Common Expenses associated with the maintenance, repair, or replacement of a Limited Common element against the Lot or Lots to which the Limited Common Element is assigned. (b) For the payment of any Common Expenses which are designated to benefit specific Lot(s). (c) For the payment of those amounts levied against any Lot owned by an Owner under Article Vlll, Sections 2(a) and (b) and Article VI, Section 4 SECTION 9. Rate of Assessment All Assessments except Individual Assessments shall be levied at a uniform rate against all Lots SECTION 10. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. The Declarant shall not be required to pay Assessments SECTION 11 Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law or at any other interest rate adopted by the Executive Board. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. The Association may collect Reasonable Attorneys' Fees from any Owner for attorneys fees incurred by the Association as a result of any Owner's failure to timely pay any Assessment or installment thereof No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable If an Owner fails to pay any Installment within the time permitted The Association may also establish and collect late fees for delinquent installments SECTION 12 Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. (a) The lien shall constitute a hen against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, Interest, and other charges imposed pursuant to Sections 47F-3-102,47F-3-107,47F31071 and 47F-3-115 of the Act are enforceable as Assessments. (b) The hen under this section shall be prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specrficaily including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (u) hens for real estate taxes and other governmental assessments and charges against the Lot (c) The hen for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the office of the clerk of Superior Court (d) Any judgment, decree, or order in any action brought under this section shall Include costs and Reasonable Attorneys' Fees for the prevailing party (a) Where the holder of a first mortgage or deed of trust of record, or other Purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such Purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such Purchaser The unpaid Assessments shall be deemed to be Common Expenses collectible from ail of the Lot Owners including such Pur chaser, its heirs, successors and assigns (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the Gen claimed. ARTICLE V RIGHTS OF DEVELOPER In addition to any and all other rights, powers and privileges reserved to the .Declarant in this Declaration, the Declarant shall have, and there are hereby reserved to the Declarant, as part of the Special Declarant Rights defined in Section 21, Article I of this Declaration, the following rights, powers and privileges SECTION 1. The Architectural Control Commatee/Executive Board. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property, any Additional Property, or the Planned Community. The Declarant shall be entitled during the Decarant Control Period to appoint and remove the officers of the Association and members of the Executive Board. SECTION 2. Plan of Planned Communitv The right to change, after or redesignate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, after or re -designate road, utility and drainage facilities and easements and to change, after or re -designate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable The rights reserved in this Section specifically include, but are not limited to, the right of the Declarant to redesignate, change or after any platted Lot(s) into road(s) The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots, to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments), to eliminate from this Declaration or any plats of the Planned Community Lots that are not otherwise buildable or are needed or desired by Declarant for access or are needed or desired by Declarant for use as public or private roads or access areas, whether serving the Planned Community or other property owned by the Declarant or others, or which are needed for the installation of utilities, Common Elements or amenities, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site, access area, roadway or Common Elements. The Declarant need not develop, or develop in any particular manner, any lands now owned or hereafter acquired by the Declarant, including any lands shown on plats of the Planned Community as "Future Development" Any such lands shall not be subject to this Declaration unless Declarant expressly subjects them hereto by filing of a supplemental declaration in the Register of Deeds office of the county where the Planned Community is located Declarant is required by DWQ to state herein the maximum allowed built -upon area for all lots which Declarant has planned to develop within the Planned Community By listing the maximum built -upon area herein for all such lots, Declarant does not obligate itself to develop in any particular manner or for any particular uses any lands now owned or hereinafter acquired by Declarant which are not shown as Lots on the recorded Plat, or which are not shown as Lots on any subsequently recorded plats showing Lots that are made part of the Planned Community SECTION 3 Amendment of Declaration by the Declarant. This Declaration may be amended by the Declarant without approval of the Members or the Board of the Association, as the case may be, as follows: 10 (a) In any respect, prior to the sale of the first Lot (b) To the extent this Declaration applies to Additional Property. (c) To correct any obvious error or inconsistency in drafting, typing or reproduction (d) To quality the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status (e) To Incorporate or reflect any platting change as permitted by this Article or otherwise permitted under this Declaration (f) To accomplish the purposes of Article V, Section 2 above (g) To conform, by amendment or otherwise, this Declaration to the requirements of any law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or Improvement loans made. Insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare A letter from an official of any such corporation or agency, including, without limitation, the Department of Veterans Affairs, U S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporaton, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant may at any time amend this Declaration to change the maximum allowable built -upon area as permitted by DENR Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this Declaration pursuant to this Section SECTION 4 Annexation of Additional Property. Declarant may annex to and make a part of the Planned Community any Additional Property without the consent of the Association or any Lot Owners. Except for the annexation of Additional Property by the Declarant, the annexation of Additional Property to the Planned Community shall require the assent of the Owners of Lots to which at least sixty-seven percent (67%) of the votes of the Class A Members who are voting in person or by proxy at a meeting called for this purpose are allocated, provided, however, Additional Property may be annexed to the Planned Community by the Declarant or any assignee of Special Declarant Rights without the assent of the Owners of Lots so long as the Additional Property is used for residential purposes, roads, utilities, drainage facilities, amenities, landscape areas, and other facilities not Inconsistent with residential developments Subdivisions or Planned Communities formed from Additional Property need not have the same name as prior portions of the Planned Community 11 ARTICLE VI USE RESTRICTIONS ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1 Avoroval of Plans for Building and Site Imorovements No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specfications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee If the Architectural Control Committee fads to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and full compliance with this Article will be deemed to have occurred . Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Architectural Control Committee for Its records The Architectural Control Committee 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 SECTION 2 Minimum Standards for Site Improvements (a) Each dwelling shall have a minimum of one thousand eight hundred (1,800) square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of one thousand four hundred (1,400) square feet tithe Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term *enclosed, heated dwelling area' shall mean the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open/screened porches, and like areas. (b) Since the establishment of inflexible building setback Imes for location of houses on Lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other stricture upon any Lot shall be controlled by and must be approved absolutely by the Architectural Control Committee, provided, however, that no structure shall be constructed closer to a Lot line than is permitted by applicable governmental regulations. (c) The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency, natural calamities, or the complexity of design and construction (d) All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Architectural Control Committee so as to preclude the same from causing an unsightly view from any highway, street or way within the Planned Community, or from any other residence within the Planned Community. All mail and newspaper boxes shall be uniform in design Design of mail and newspaper boxes shall be furnished by the Developer, Association, or Architectural Control Committee No fences shall be permitted unless the design, placement, and 12 materials of any fence are approved by the Architectural Control Committee Clotheslines are not permitted on any Lot. (a) Off-street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constricted on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by the Architectural Control Committee (f) All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -frosted lights or bulbs SECTION 3 Use Restrictions (a) Land Use And Building Type No Lot shall be used for any purpose except for residential purposes, subject, however, to the rights of the Declarant contained herein. All Lots are restricted for construction of one single family dwelling (plus, a detached garage, if there is not one attached to the residence, and such other accessory buildings as may be approved by the Architectural Control Committee) (b) Nuisances. No noxious or offensive activity shall be camed on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood There shall not be maintained any plants or animals, nor device or thing of any sort whose normal actrobes or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owners Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area (c) Temporary Structures. No structure of a temporary character, trader, basement, tent, shack, garage, shed, bam or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Architectural Control Committee. (d) Vehicles/Boats No boat, motor boat, personal water craft, camper, trailer, motor or mobile homes, tractorttrailer, construction equipment or similar type vehicle/equipment, shall be permitted to remain on any Lot or on any street at any bme, without the written consent of the Executive Board. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any Lot, street or Common Element All lawn maintenance equipment shall be stored when not in use, in a method so as not to be visible from the street The Association shall have the right to have all such vehicles, boats, or equipment towed away or removed at the Owners expense No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street (e) Animals No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that domesticated dogs, domesticated cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept property leashed or under the control of their owner and do not become a nuisance (f) TV Satellite Dishes and Outside Antennas No TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Architectural Control Committee; provided, however, satellite dishes not over 18" in diameter which cannot be seen from the street are permitted. 13 (g) Construction in Common Elements No Person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Executive Board (h) Signs. No signs (including "for sale" or "for rent signs), other than political signs (as defined in N.0 G S.§47F-3-121), shall be permitted on any Lot or in the Common Elements without permission of the Executive Board, provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Elements advertising the Planned Community. (i) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Executive Board. p) Flags/Statuary No flags, outdoor statuary or other decorative objects may be placed on any Lot unless and until permission for the same has been granted by the Architectural Control Committee Notwithstanding any other provision In this Section, either the American Flag or the North Carolina flag having the maximum dimensions of four feet by six feet (4'x6') may be flown on a pole no longer than 5 feet 6 Inches from a pole holder attached to the home In an approved location which can be reached by hand from the ground below so as to be easily Installed and removed. No flagpoles shall be installed in any other locations on any Lot. Flags will be displayed in accordance with traditional rules and patnotic customs set forth in 4 U.S.C. §§5-10, as amended, governing the display and use of the American Flag. The Association may display the American Flag or the North Carolina flag from flagpoles or otherwise on any Common Element SECTION 4. Maintenance Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects All structures shall be kept neat and in good condition and repair All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and d not paid to the Association upon demand, may be added to and become an Individual Assessment levied against said Owner's Lot ARTICLE VII SECTION 1 Stormwater Permit The Association and each of its Members agree that at any time after (i) all work required under the Storinwater Permit has been completed (other than operation and maintenance activities), and (H) the Developer is not prohibited under DENR regulations from transfemng the Stormwater Permit for the Planned Community to the Association, the Association will cause its officers, without any vote or approval of Lot Owners, and within 10 days after being requested to do so, to sign all documents required by DENR for the Stormwater Permit to be transferred to the Association and will accept a deed conveying such facilities to the Association (if not already deeded); provided, however, that at the time the Developer requests that the Association accept transfer of the Stormwater Permit, the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than forty-five (45) days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefor If the Association fails to cause the 14 documents required by this paragraph to be signed by its officers or to accept a deed conveying such facilities, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the Association's officers sign all documents necessary for the Stormwater Permit to be transferred to the Association and accept a deed conveying such facilities to the Association. Failure of the Association's officers to sign as provided herein shall not relieve the Association of Its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. SECTION 2 Stormwater Faclibes Operation and Maintenance Any stormwater retention ponds and related facddmes for the Planned Community which have or are to be constructed by or on behalf of Declarant constitute Common Elements and, subject only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Such operation and maintenance shall include, but not be limited to, compliance with all of the terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this Article VII, the Association shall indemnify and hold harmless the Developer from any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. SECTION 3. Damage to Stormwater Facilities The Declarant shall, at its sole cost and expense, be responsible for repairing any damage to stormwater facilities caused by the Developer's development activities The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of residences or other activities by Owners, their agents and contractors, upon their Lots, acts of God, or the negligence of others Lot Owners shall be responsible for damages to such stormwater facilities caused by construchon of buildings or other activities upon the Owner's Lot. Each Owner, shall within thirty (30) days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the stormwater plans and specifications for the Planned Community. If the Lot Owner fails to do so within said thirty (30) day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner or assessed against such Owner and his Lot as an Individual Assessment SECTION 4. Enforcement Of Stormwater Runoff Regulations (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 120911, as issued by the North Carolina Division of Water Quality under the Stommwater Management Regulations (b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storrnvater management permit (c) These covenants are to run with the land and be binding on all Persons and parties claiming under them (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality (a) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. (f) The maximum allowable built -upon area per Lot is 3500 square feet. This allotted amount includes any built -upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, 15 concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools _ (g) All runoff from the built -upon areas on the Lot must dram into the permitted system This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the Lot to drain toward the street or directly Into the pond, or grading perimeter swales and directing them into the pond or street (h) Built -upon area in excess of the permitted amount will require a permit modification (i) All affected Lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters p) Any individual or entity found to be in noncompliance with the provisions of a storrnwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in N.0 G S. Chapter 143, Article 21 (k) If permeable pavement BUA credit is requested, the property Owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction ARTICLE VIII LOTS SUBJECT TO DECLARATIONIENFORCEMENT SECTION 1 Lots Subject to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering Into of a lease or the entering into occupancy of any Lot shalt constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any Person having at any time any interest or estate In any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners SECTION 2 Enforcement and Remedies The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Assoaabon shall be entitled to enforce its Articles of Incorporation, Bylaws, and rules and regulations and this Declaration and to collect from any Owner the Reasonable Attomeys' Fees inured by Association in enforcing the same. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available (a) Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) Is in violation of or falls to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Articles of Incorporation, or rules and regulations, the Executive Board, after thirty (30) days' 16 notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner The full amount of the cost of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot, including collection costs and Reasonable Attorneys' Fees Such amounts shall be due and payable within thirty (30) days after Owner is billed If not paid within said thirty (30) day period, the amount thereof may immediately be added to and become an Individual Assessment levied against said Owner's Lot In the event that any maintenance activities are necessitated to any Common Elements or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity Is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become an Individual Assessment levied against said Owner's Lot. (b) Fines The Association may, in accordance with the procedures set forth in the Act, establish a schedule of and collect fines for the violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or riles and regulations If an Owner does not pay the fine when due, the fine shall immediately become an Individual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. (c) Suspension of Services and Pdvile es The Association may, in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's Lot remain unpaid for at least thirty (30) days or for any period that the Owner or the Owners Lot is otherwise in violation of this Declaration or the Association's Articles of Incorporation, Bylaws, or rules and regulations SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restnctlon herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE IX. GENERAL PROVISIONS SECTION 1. Rights of Institutional Note Holders Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a matenal portion of the Planned Community or the property securing its loan, (a) receive written notice of any sixty-day (60) delinquency in the payment of Assessments or charges owed by any Owner of any Lot which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the consent of a specified percentage of mortgage holders, and (h) be fumrshed with a copy of any master insurance policy. SECTION 2 Utility Service Declarant reserves the right to subject the Property or any Additional Proper; to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot, including but not limited to, a contract with Progress Energy Carolinas Inc , or its successor in interest, for the Installation of street lighting which 17 requires a continuing monthly payment to Progress Energy Carolinas, Inc., or its successor in interest, by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, Impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lot(s). In the alternative, the Declarant may collect such connection, Impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Architecture[ Control Committee. SECTION 3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain In full force and effect. SECTION 4. Amendment of Declaration. Except In cases of amendments that may be executed by the Declarant as provided by this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or any other development right reserved to the Declarant herein. SECTION 5. Conflict. In the event of a conflict between the provisions of this Declaration and the Bylaws of the Association, this Declaration shall prevail, except to the extent this Declaration is inconsistent with the Act. SECTION 6. North Carolina Planned Community Act. It Is the Intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. SECTION 7. Gender and Number. As used in this Declaration, the masculine, feminine and neuter gender, and the singular and plural numbers, whenever the context requires or permits, shall each be deemed to include the other genders or numbers respectively. SECTION 8. Captions. The captions in this Declaration are inserted only as a matter of convenience and for reference and they in no way define, limit or describe the scope of this Declaration or the intent of any provision hereof. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed In its company name by Its Manager, pursuant to authority duly given by Its Members, as of the day and year first above written. WFDC, LLC BY: William H. Cameron, Manager 18 STATE OF NORTH CAROLINA COUNTYOF w4w VkAnoger a Notary Publicof nlew (bno�er County, North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager - managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stamp or seal, this the _Aj! day of April, 2013. ttttl Iy., O-P��y J �� QO''% Notary Public � GF`s_ Print Name: \b rr�Je NOTARY - PUBLIC £ My commission expires: H- ll-llc 19 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1Hf 1f11Rf 14f Hf fNtHlttNffNfff fff fN1NHNf fH1Nf H1HfNf Htf f Nf H1fffNfHffflNlff f1HHIfHN1H.ff H.H.NN Filed For Registration: Book: Document No.: Recorder: 04/25/2013 12:15:18 PM RE 5731 Page: 67.87 2013014740 21 PGS $46.00 HUGHLEY, CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013014740* 2013014740 III I III III��IIII9IIIIII II I I I II FOR REGISTTHEUS! REGISTER OF DEEDS NEWH NOVERC BERSLEY 2013�JUN 21 12 11Y54 Pfi 2013022682 BK:5747 P0810-02 FEE:$20'.00 IIJS1RO0-J 12N3022682 Prepared by and Return to: Morgan & Carter, PLLC PO Drawer 59, Wilmington, NC 25402 NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NEW HANOVER COUNTY FOR LANTANA CROSSING ANNEXING PHASE TWO THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASE TWO ("Declaration of Annexation") is made as of the Z day of 2013 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant." WIT-NESSETH: WHEREAS, Declarant,previously recorded a Declaration of Covenants, Conditions and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry (the "Declaration"); and WHEREAS, SECTIONS 3 and 4 of Article V of the Declaration provide that Declarant may annex additional land into Lantana Crossing and subject those properties.to the provisions of the Declaration; and WHEREAS, the Declarant has developed Additional Land designated as Lantana Crossing Phase Two which the Declarant wishes to be annexed into Lantana Crossing Subdivision and made subject to the,Declaration. NOW, THEREFORE, Declarant hereby declares that the real property described below shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, wluch are for the purpose of protecting the value'and desirability of such property and adjacent properties now or formerly owned by Declarant. These easements, restrictions, covenants and conditions shall run with the property described herein and be binding on all parties now or hereafter having any right, title or interest in such property or any part hereof, their heirs, successors and assigns, and shall inure 16 the benefit of each owner thereof. ,w 1. Except as hereafter provided, all defined terms used in this Declaration of Annexation shall have the meaning given such terms in the Declaration. 2. Declarant hereby subjects the following described property to the terms of the Declaration (except as such terms are specifically varied in this Declaration of Annexation). All of that land shown on the plat entitled "Lantana Crossing Phase Two". which plat is recorded in Map Book 5 9. Page L,2_&, of the New Hanover County Registry, reference to which map is hereby made for a more particular description. Except as otherwise specifically provided herein, all terms, conditions and provisions of the Declaration shall apply as to the property annexed herein. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its company name by its Manager, pursuant to authority duly given by its Members, as of the day and year first above written. WFDC, LLC BY:�— William H. Cameron, Manager STATE OF NORTH CAROLINA COUNTY OF t,� kAa r p r �ard < allotaryPublicof Nu F xo.rer County, North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stanip_or seal, this the a 114 day of f 20 i3 NOTARY = _Z PUBLIC' _�Zz \ AL) /Ptutbliiec Nota Print Name:`1� h�o �1r�rd�t My commission expires: z4 - 11-1 b /,iNTY.\ TAMMY-THELISCH BEASLEY'- - REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET i WILMINGTON, NC 28401 =_ ......:...:.:.:................. ...::.......:..,...,,......................,..,.................:.:...,,. Filed For Registration:. 06/21/2013 12:11:54.PM 6 Book:' ' RE 5747 Page: '181071812 DocumentNo.: 2013022682 Y -� •'ems. �?: _ v- WFDC, LLC Post Office Box 3649 - Wilmington, North Carolina 28406 Phone: (910) 762-2676 - Fax: (910) 762-2680 June 16.2015 Ms. Georgette Scott NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 Rc: Lantana Crossing I IOA. Inc. SW8 120911 Dear Ms. Scott. EC G I-VE JUN 18 2015 BY. - Find enclosed herein the "State Stormwater Permit Request Form" requesting that the above referenced permit be transferred to the HOA. In addition to the completed form, also find included herein the following: 1. Copy of the deeds recorded in Book 5731 Pages 88-93 and Book 5731 Pages 1916-1919 conveying the Ponds and Drainage Easements to Lantana Crossing FIOA, Inc.. A copy of the recorded plats as well as a list of conveyances showing that 72.7 1% of the lots have been sold to owners other than Declarant. In addition, also attached are conies of the front page of each recorded deed to the respective originai party we sold the Ict to. 3. Copy of the Declaration of Covenants, Conditions and Restrictions recorded in Book 5731 Pages 67-87. Book 5747 Pages 1810-1812, Book 5755 Pages 1145-1148. Book 5763 Pages 700-705, Book 5767 Pages 651-654, Book 5818 Pages 1320-1322 and Booic. 5861 Pages1851-1853. 4. Copy of the Articles of Organization of the HOA filed with the Secretary of State of North Carolina, and a copy of the Consent appointing officers. This is the initial transfer from the original permittee and thus I understand no processing fee is required. The design certification was submitted under separate cover by David Hollis of Hanover Design Services. Inc. Ms. Georgette Scott NCDENR June 8, 2015 Page Two of Two 1 understand your office will need to inspect the premises and look forward to hearing back from your office following the inspection. Thank you for your assistance in this transfer. Please let me know if you need anything further from us. Very truly yours, WPDC. Ll_C By: William H. Cameron, Manager WHC:dp Enclosures ECEIVE JUN 18 2015 BY: CA201505401839 17 (9, ., LIMITED LIABILITY COMPANY ANNUAL NAME OF LIMITED LIABILITY COMPANY: WFDC, LLC SECRETARY OF STATE ID NUMBER, 1267712 STATE OF FORMATION: NC REPORT FOR THE YEAR. 2015 1. NAME OF REGISTERED AGENT. William H. Cameron 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS S COUNTY 1201 Glen Meade Road Wilmington, NC 28401 New Hanover SECTION B: PRINCIPAL OFFICE INFORMATION Date Filed: 2/23/2015 8:27:00 AM Elaine F. Marshall North Carolina Secretary of State Fdng Office J. ONy Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS P.O. Box 3649 Wilmington, NC 29406 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 762-2676 4. PRINCIPAL OFFICE STREET ADDRESS 8: COUNTY 1201 Glen Meade Road Wilmington, NC 28401 New Hanover 3. PRINCIPAL OFFICE EMAIL: 5. PRINCIPAL OFFICE MAILING ADDRESS P.O. Box 3649 Wilmington, NC 28406 SECTION C: COMPANY OFFIC ALSIORGANIZERS (Enter additional Company Officials/Organizers in Section E.) NAME' William H Cameron NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: P.O. Box 3649 Wilmington, NC 28406 ADDRESS: ADDRESS: SECTION ection D must be completed in its entirety by a person/business entity. SIGNATURE DATE Form must be signed by a 6ompany ORoat/Organaer listed under Section C of this form. William H. Cameron Manager Print or Type Name of Comparry Of ciat/Oigan¢er TITLE SUBMIT THIS ANNUAL REPORT WITH THEE QUIRED FILING FEE OF 6200 I) (I IIIIII,III'I IIIIIIIulllll l� MAIL TO: Secretary of State, C0rP0nMW3 DINSI=, Post Office Box 29525, Raleigh, NC 27626-0525 1 1% C9 CD R North Carolina Department of Environment and Pat McCrory Governor June 17, 2014 Mr. William H. Cameron, Manager WFDC, LLC PO Box 3649 Wilmington, INC 28406 Subject: Lantana Crossing State Stormwater Management Permit No. SW8120911 New Hanover County Dear Mr. Cameron: Natural Resources John E. Skvarla, III Secretary We have received your letter dated June 6, 2014 regarding the recorded amendment to the restrictive covenants annexing phase four which are recorded in Book 5818 Page 1320-1322 and reference Map Book 59 page 173. The map book shows different lot numbers than the approved plan as shown in the enclosures. If this is the only change, then there is no effect on the permit because all lots are approved for 3,500sf of impervious area. But, if the lots have been renumbered in order to reflect either an increase or a decrease in the number of permitted lots, please apply to either modify or revise your permit accordingly. If you have any questions, or need additional information concerning this matter, please contact me in the Wilmington Regional Office, at (910) 796-7331 or kelly.p.johnson@ncdenr.gov. Sinc ely, Ily J nson E m nmental Engineer GDS/kpj: G:1WQ1SharedlStormwaterlPermits & Projects120121120911 HD12014 06 letter 120911 enc: Excerpt of Permitted Plan Map Book 59 Page 173 cc: David Hollis, PE, Hanover Design Services Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 mrm 1 mrr xl, I ` y\ ui a ui v. ui •. ` 1'. 1 r uvn..r.orr rviure nwmurvx •• y • u • D u � : x � Y1 r u < irsivr I � 1u✓-..,....... ; __�.,\ r ,a,a.mx,Ii �;. ,�Im„a.mx! +� �� �3w ,^^ %^�., 1 yy b 6 • iW'• � '.49 flflr __ _ mxPo.I° f, 1 6'� rYAIBFMARI£Cp/RT a+r�.,. awnr.mrir ' �u.oir� _, -_ . 1 x1 �.+y� �'` ~- v.a'• n.ia Wuni �m wuwr u.uwr •v' ✓ mrr M �ei.V mMry � - \ �� �� °°1 1�'��`, ,%'�-= �' �-z:w��r-,gym• bx 1 !�. p�. i �� a ar 8 � '�� '� ss 66 . si .. se ,/ , ruG uc +KrwU� p�,� i I S'•..r� :Y.r� Cy .ry p j L `�`-�_ I Po wr i IA � ACINEA�PFA� SMC£ l� fit �5=�� � VASENE RECfl �iIWUI,-��``-L--__--..r' /� � I `• ... WE�'NeS �wi:o-i.. �.. - _- qb \yl LANTANA CROSSING ; PHASE FOUR A PERFORMANCE RESIDENTIAL DEVELOPMENT NARNCR rowN NfW MM'OWR CWNTY NORIM CARp..A ONNER. M . UC P. BON .16{9 YYen m WLMINGt , v C 284M uor.rvr OAi MAY 2% 20" .r. mrm .a.orr mr 0—m- ssr mmw. ��691d=�v w 6, uxwno. tr mmut 0 s ✓4���aw'iwr"mnm.Ammrm m'�srr m' e nm� ia• m �'a'ri_ °nLrt ytKu.tGgJ' °w. mmm war, � °a�g�•.uJrl�-yWmeA.to.3d®�9 wn�.. r. m. a.m ..o-r.i •"""'° 65.IY ow.e �.�.eJk >NM� F4 MRGESIGNSR ESf'AAix 6. og Iaml cvc9►pi of ik"711-76) ?inn! "/'a IIN WFDC, LLC Post Office Box 3649 - Wilmington, North Carolina 28406 Phone: (910)762-2676•Fax: (910)762.2680 June 6, 2014 Ms. Georgette Scott WIRO Stormwater Program Supervisor DENR Wilmington Regional Offices 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: SW8120911 Phase Four Restrictive Covenants Dear Ms. Scott: ECEIVE JUN 0 9 2014 Please find enclosed the following in relation to the above referenced permit: Recorded Amendment to Restrictive Covenants Annexing Phase Four We will send copies of additional Amendments annexing future sections as they are recorded. Thank you for your assistance in this matter. Very truly yours, WFDC, LLC By: William H. Cameron, Manager WHC:dp Enclosures 7V cwg IDoA l l (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIII 2014014140 >FOR REGISTRATION REGISTER OF DEED: TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2014 JUN 06 10:30:56 AM ` BK:5818 PG:1320-1322 FEE:$26.00 Prepared by and Return to: Morgan & Carter, PLLC-- PO Drawer 59, Wilmington, NC 28402 NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NEW HANOVER COUNTY FOR LANTANA CROSSING ANNEXING PHASE FOUR THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTAN),,CROSSING ANNEXING PHASE FOUR C`Declaration of Annexation") is made as of the 'S day of June, 2014 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant.' WITNESSETH: WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions and.Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry, which Declaration has been amended by those documents recorded in Book 5755, Page 1145, Book 5763, Page 700, and Book 5767, Page 651, of the New Hanover County Registry (including all amendments thereto, the "Declaration'); and WHEREAS, Sections 3 and 4 of Article V of the Declaration provide that Declarant may alinex additional land into Lantana Crossing and subject those properties to the provisions of the Declaration; and WHEREAS, the Declarant has developed Additional Land designated as Lantana Crossing Phase Four, which the Declarant wishes to be annexed into Lantana Crossing Subdivision and made subject to the Declaration. NOW, THEREFORE, Declarant hereby declares that -the real property described below 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 such property and adjacent properties now or formerly owned by Declarant. These easements, restrictions; covenants and conditions shall run with the property described herein and be binding on all parties now or hereafter having any right, title or interest in such property or any part hereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. q, & �1 C amu-otJ Except as hereafter provided, all defined terms used in this Declarationof Annexation shall have the meaning given such terms in the Declaration. 2. Declarant hereby annexes the following described property to Lantana Crossing Subdivision and also subjects the following described property to the terms of the Declaration (except as such terms are specifically varied in this Declaration of Annexation). All of that land shown on the plat entitled "Lantana Crossing Phase Four", which plat is recorded in Map Book 5 Q , Page ► 73 , of the New Hanover County Registry, reference to which map is hereby made for a more particular description. Except as otherwise specifically provided herein, all terms, conditions.and, provisions of the Declaration shall apply as to the property annexed herein. IN TESTIMONY WHEREOF, Declaranbhas caused this Declaration to be signed in its company name by its Manager, pursuant to authority duly given by its Members, as of the day and year first above written. WFDC, LLC BY: William H. Cameron, Manager STATE OF NORTH �FAR0 INA COUNTY OF jcJ��Y ) I, a JQ » ,�/" `, C I�2) D, a Notary Public of �� t�L �%' County, North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stamp or seal, this the .. day of June, 2014. i \ l O w� ari �yPNpCAR`l 2 NintNanul elic�yS 2� r g �FV? (SEAL) R CO h��/hhhhpn Mycommissionexpires: 2 /_,INTV. TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 06/06/2014 10:30:56 AM Book: RE 581E Page: 1320-1322 Document No.: 2014014140 3 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover I t PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. I„ *2014014140* 2014014140 WFDC, LLC Post Office Box 3649 • Wilmington, North Carolina 28406 Phone: (910) 762-2676 • Fax: (910) 762-2680 August 20. 201 Ms. Georgette Scott WIRO Stormwater Program Supervisor DENR Wilmington Regional Offices 1-7 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: SW8120911 Phase Three Resttictive Covenants Dear Ms. Scott. mECEIVEFJ AUG 21 2013 8Y: Piease find enclosed the following in relation to the above referenced permit: Recorded Amendment to Restrictive Covenants Aimcxing Phase Two and Three of Lantana Crossing. (Note we previously annexed Phase Two, bat included that phase in this annexation with some clarified language.) Recorded Amendment to Restrictive Covenants for Lantana Crossing clarifying several issues. Does not impact impervious surface for any lots. We will send copies of additional Amendments annexing future sections as they are recorded. Thank you for your assistance in this matter. Very truly yours, WFDC. LLC By: William }I. Cameron. Manager WHC:dp Enclosures IIII IIII III IIIII�II II I' IIII II III III iFOR REGISRTION REGISTER OF DEED: Oq TRMNY TTRHEUSCH DERSTEY IJEY HRNOVER ;LW,Y, NC I 2013030307 BK:5163 PG 00 705 FEE:$26.00 I�JSiRU�iEhai R 2U1303034i Prepared by and Return to: Morgan & Carter, PLLC PO Drawer 59, Wilmington, NC 25402 NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS NEW HANOVER COUNTY FOR LANTANA CROSSING THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ("Amendment") is made as of the L day of August, 2013 by WFDC. LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant" and Stevens Building Company, a North Carolina corporation, hereinafter referred to as "Stevens''. WITNESSETH: WHEREAS, Declarant has previously recorded a Declaration of Covenants.. Conditions and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry, and has also recorded in Book 5755, Page 1145, of the New Hanover County Registry, an amendment thereto annexing additional real property into the Lantana Crossing Subdivision (hereinafter, including all amendments thereto, the "Declaration"); and WHEREAS, Section 4 of Article IX of the Declaration provides for the amendment of the Declaration; and WHEREAS. Stevens and Declarant own all of the lots in Lantana Crossing Subdivision: and WHEREAS, the Declarant desires to amend the Declaration and Stevens has consented to such amendment to the Declaration. NOW, THEREFORE, Declarant and Stevens do hereby amend the Declaration for Lantana Crossing Subdivision as follows: l . By deleting Article I Section 5 Common Elements and substituting the following in lieu thereof: RETURN T() 4, &tl CW--1,QMv--1 thereof: "SECTION 5. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned, enjoyed, maintained or leased by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, and all facilities located thereon, including, without limitation, stormwater retention ponds and stonnwater runoff system, drainage easements, maintenance easements, maintenance access easements, sign easement areas, or private roads within the Planned Community. Common Elements shall also include any areas designated on any plats for the Planned Community as "Open Space", "Common Area", "Common Element', "Recreation Area", "Amenity Area", "Conservation Area(s)", "Park" or "Park Area", "Recreational Space", "Pedestrian Easement", "Access Easement", or other designation, whether owned by the Association, the Declarant, or any other Person, EXCEPT that 30" Access Easement located on Lots 65 and 66 of Lantana Crossing Section Three, as shown on that map recorded in Map Book 58, Pages 140- 141, of the New Hanover County Registry, reference to which map is hereby made for a more particular description, is intended to provide access to Lots 65 and 66 only." 2. By deleting Article II Section 2(a) and substituting the following in lieu "(a) Easements as necessary in the lands constituting the Common Elements and the rear and front ten feet of each Lot and side five feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the right to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of New Hanover County; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Declarant or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. NOTE: No structures or plantings or other material shall be placed or permitted to remain upon such easement areas, or any maintenance or access or pedestrian areas, or site triangles, or other areas described herein or upon any recorded plat, and no activities shall be undertaken thereon which may damage or interfere with the installation or maintenance of such areas or utilities or other services located upon or within such areas, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion, or which may cause any other damage to such in lieu thereof: areas. The easement areas, and maintenance and access and pedestrian areas, and site triangles, and other areas described herein (whether or not shown on the recorded plats for the Planned Community), but not the improvements within such areas, that are located on any Lot shall be maintained by the respective Owner of such Lot except those for which a public authority or utility company is responsible. Each Owner shall keep such areas free of all debris and regularly mowed and maintained and in accordance with Article VI Section 4 herein and also in accordance with the rules and regulations of the Association." 3. By deleting Article VI Section Maintenance and substituting the following "SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. No structures or plantings or other material shall be placed or permitted to remain upon easement areas, or any maintenance or access or pedestrian areas, or site triangles, or other areas described in Article II Section 2(a) or in this Declaration or upon any recorded plat, and no activities shall be undertaken thereon which may damage or interfere with the installation or maintenance of such areas or utilities or other services located upon or within such areas, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion, or which may cause any other damage to such areas. The easement areas, and maintenance and access and pedestrian areas, and site triangles, and other areas described in Article II Section 2(a) or in this Declaration (whether or not shown on the recorded plats for the Planned Community), but not the improvements within such areas, that are located on any Lot shall be maintained by the respective Owner of such Lot except those for which a public authority or utility company is responsible. Each Owner shall keep such areas free of all debris and regularly mowed and maintained and in accordance with Article and also in accordance with the rules and regulations of the Association. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to and become an Individual Assessment levied against said Owner's Lot." Except as provided herein, all defined and capitalized teens used in this Amendment shall have the meaning given such terms in the Declaration. Except as modified herein, all terns and conditions of the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, Declarant and Stevens have made and executed this Amendment as of the day and year first above written. WFDC, LLC BY: William H. Cameron, Manager STEVENS BUILDING COMPANY BY: Print Name: k7gn t �t T- Wb(dr1 Title: CIF-0 STATE OF NORT}I CAROLINA COUNTY OF / l-v ��I. �n 7N 52 Me') Notary Public of �., —County, North Carolina. certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stamp or seal, this the A/ day of August, 2013. N <ryPublic �A , „nnnMnM J�pN p. P✓�� 1 Print Name: scz r� �vle%fD�I y= NOTARY = My commission expires: PUBLIC STATE OF NORT -I CAROLINA COUNTY OF ��'�rJ�Z�D✓�.1� 1, - 5a n �• "�C%7�on , a Notary Public of ��iv/��- County, North Carolina, certify that It�)d D,0 personally came before me this day and acknowledged thatxhe is the GFj� of Stevens Building Company, a North Carolina corporation, and thaty/he, as Cf7/--- p being authorized to do so, executed the foregoing on behalf of said corporation. Witness my hand and official stamp or seal, this the day of August, 2011. n„npnm HIM i Public 'PN6.MF� Print Name:SuSa �F J� O� € - My commission expires: NOTARY (S�b� PUBLIC U � r y w,._FR C0\1N..,o L �'^INWA TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ................................................................................ Filed For Registration: 08/20/2013 09:03:04 AM Book: RE 5763 Page: 700-705 Document No.: 201303D307 6 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 2013030307 2013026440 5FOR REGISTRATION REGISTER OF DEED' TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 JUL 0 12:05:45 Pill BK:5755 PG:1145-1148 FEE:526.00 INSiRUNEN1; 201M6440 Prepared by and Return to: 'Morgan & Carter, PLLC PO Drawer 59, Wilmington, NC 28402 NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NEW HANOVER COUNTY FOR LANTANA CROSSING ANNEXING PHASES TWO AND THREE THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASEs TWO AND THREE ("Declaration of Annexation") is made as of the I q day of July, 2013 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions and Restrictions for Lantana Crossing in Book 573I, Page 67, of the New Hanover County Registry (including all amendments thereto, the "Declaration'); and WHEREAS, Sections 3 and 4 of Article V of the Declaration provide that Declarant may annex additional land into Lantana Crossing and subject those properties to the provisions of the Declaration; and WHEREAS, the Declarant has developed Additional Land designated as Lantana Crossing Phase Two and Lantana Crossing Phase Three which the Declarant wishes to be annexed into Lantana Crossing Subdivision and made subject to the Declaration. NOW. THEREFORE, Declarant hereby declares that the real property described below 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 such property and adjacent properties now or formerly owned by Dcclarant. These easements, restrictions, covenants and conditions shall run with the property described herein and be binding on all parties now or hereafter having any right, title or interest in such property or any part hereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. I . Except as hereafter provided; all defined terms used in this Declaration of Annexation shall have the meaning given such terns in the Declaration. 2. Declarant hereby annexes the following described property to Lantana Crossing Subdivision and also subjects the following described property to the terms of the Declaration (except as such terns are specifically varied in this Declaration of Annexation). All of that land shown on the plat entitled "Lantana Crossing Phase Two', which plat is recorded in Map Book 58, Page 108, of the New Hanover County Registry, reference to which map is hereby made for a more particular description. I Declarant hereby annexes the following described property to Lantana Crossing Subdivision and also subjects the following described property to the tenns of the Declaration (except as such terns are specifically varied in this Declaration of Annexation). All of that land shown on the plat entitled "Lantana Crossing Phase Three", which plat is recorded in Map Book SSL, Page ix�o, of the New Hanover County Registry, reference to which map is hereby made for a more particular description. Except as otherwise specifically provided herein, all terms, conditions and provisions of the Declaration shall apply as to the property annexed herein. IN TESTIMONY WHEREOF. Declarant has caused this Declaration to be signed in its company name by its Manager, pursuant to authority duly given by its Members, as of the day and year first above written. WFDC, LW44 BY: William H. Cameron, Manager STATE OF NORTH CAROLINA COUNTY OF tJe Ka o .e 1, for u ward ,c a Notary Public of ",w Rc, n& u County, North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stamp or seal, this the lgi' day of July 2013. \ \�ktJ IhAR�/ 0 6` NOTARY PUBLIC =` AL) '/�i/�'OVERT N taryPubli Print Name: ---I�„ 4 -�. My commission expires: 4-\t- ILo qmwio' TAMMY THELISCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 „.................. ......... ............... ......... ............... ......................... ......... I........... Filed For Registration: 07/19/2013 12:05:45 PM Book: RE 5755 Page: 1145-1148 Document No.: 2013026440 4 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. DAVITE Il IIN! 2013026440 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 45LL'E3 lea-c3l 2. Project Name: TP, QL►u-tstcT-+ 3. Current Permit Holder's Company Name/Organization: C J F OG ► L L.C= 4. Signing Official's Name: W► oi4,t 14.Q._f:ISMQ.yi7r� Title: (Yia;sc�C�✓ 5. Mailing Address: PC D E50)G 3Co¢9 City: Lt,.lnn State:y 1[' Zip: 284Cn4o 6. Phone: (9(C') -7Co 2- ?rn7Co Fax: (9tc k M22 - 2C�H C) II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) �fVame change of project (Please complete Item 5 below) ❑ / Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's title: 4. Mailing Address: City: State: Zip: Phone:( ) Fax: 5. New Project Name to be placed on permit: Le:t.✓1'}'t2. 61 C. trb5St n 9 Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain Stormwater system features. Print name of HOA or ___,,POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 JUL 0 5 2013 SY:------ III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and siqned form. This certification, musfbe;complefed and signed by both the 2. Legal documentation of the property transter to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: dCheck here if the current permittee is only changing his/her/its name, the pro�ect�nam�e or mailing ress, but will retain the permit. I, W FID! , LLG —, the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, the current permittee, am submitting this application for a transfer of ownership for permit # I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. 6�1 F�D"-- Signature: e Date: /�% a Notary Public for the State of r-Ic. County of nae.—s do hereby certify that \A. �'n 111111 v,.e cnv. personally appeare�J Of the d day of tea\ 20 13 , and acknowJ ` e the due e+tion of the ; forgoin instrument. Witness my hand and official seal, = N>Y Seak �� =y PUBLIC =` No ry Signature' �a•� VERCOJ'\K\ I� 00 SSW N/O Change Rev24Sept2012 Page 2 of 4 WFDC, LLC Post Office Box 3649 • Wilmington, North Carolina 28406 Phone: (910) 762-2676 - Fax: (910) 762-2680 .July 2. 2013 Ms. Georgette Scott WIRO Stormwater Program Supervisor DEIN. R Wilmington Regional Offices 127 Cardinal Drive Extension Wilmington, Nordi Carolina 28405 RE: SW8120911 Project Name Change Restrictive Covenants Dear Ms. Scott, nd enclosed Project \ame Change iorni requesting tca, the project name fqr the above re!'erenced permit be changed. ! am also enclosing copacs of the ieCUIded Restrictive Covenants for Phase i and 2 (lots that )7abe tieen recorded). We will send copies of Covenants for lots recorded lit the future as they :c recorded. Thank you for your assistance in this matter. Very truly yours, WFDC. LLC By: Val/Z William H. Cameron, Manager JUL 112111 WHC:dp BY:-- Enclosure IW�I{I9�1'.IYM[llO�ll rM T YyT�TI6UNN BET0.YOF DEEM 2013014740 2013 8PB 25 12 15 18 PM BK 5731 PG:67-87 FEE $46 00 (P✓5W 120191470 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING JUL 0 5 206 THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA AND/OR THE STATE OF NORTH CAROLINA. (BUT SEE ARTICLE VI SECTION 3(J) WHICH PERMITS ALL OWNERS TO DISPLAY AN AMERICAN AND/OR NORTH CAROLINA FLAG 4'X6' OF SMALLER) Prepared By: Morgan & Carter, PLLC 602 Market Street Wilmington, NC 28401 STATE OF NORTH CAROLINA DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER FOR LANTANA CROSSING This Declaration, made the day of April, 2013 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant' or "Developer" for the purposes hereinafter stated, WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as LANTANA CROSSING PHASE ONE, which is shown on a plat (the 'Plat") recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 57, Page 390, to which reference is made for a more particular description (the 'Property"), EXCEPTING. HOWEVER, from the definition of Property hereunder those certain areas designated as'S0' Access Easement' and '30' Drainage Easemenr located adjacent to Lot 5, Lantana Crossing Phase One, as shown and depicted on said plat NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act'), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I DEFINITIONS In addition to other terms defined herein, the following capitalized terms shall have the following meanings as used herein - SECTION 1. Additional Property shall mean and refer to any lands, in addition to the above described Property, which are located within one (1) mile of the Property and which are annexed to and made a part of the Planned Community in accordance with this Declaration, whether such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot as is more specifically set forth in this Declaration The Allocated Interest for the Common Expense Liability need not be the same as the Allocated Interest for voting purposes The votes allocated to each Lot are set forth in Article III herein and the Common Expense Liability allocation for each Lot is set forth in Article IV herein The definition of Allocated Interest as set forth in N C G S §47F-1-103(f) shall not apply to this Planned Community. SECTION 3. Association shall mean and refer to Lantana Crossing HOA, Inc, a North Carolina non-profit corporation, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4 Bulder shall mean a Person purchasing a vacant tit for the purpose of constructing a home for sale to a third party and not for use by such Person or any principal, director, shareholder, officer, member, manager, or partner of such Builder or a family member of any principal, director, shareholder, officer, member, manager, or partner of such Builder. SECTION 5. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned, enjoyed, maintained or leased by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, and all facilities located thereon, including, without limitation, stormwater retention ponds and stormwater runoff system, drainage easements, sign easement areas, or private roads within the Planned Community Common Elements shall also include any areas designated on any plats for the Planned Community as'Open Space", "Common Area", "Common Element", "Recreation Area", "Amenity Area", "Conservation Area(s)", "Park" or "Park Area', or other designation, whether owned by the Association, the Declarant, or any other Person SECTION 6. Common Expenses means expenditures made by, or financial liabilities of, the Association together with any allocations to reserves SECTION 7. Common Expense Liabilitv means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise SECTION 6. Declarant shall be used interchangeably with Developer and shall mean and refer to WFDC, LLC, its successors, and its assign(s), it such assign(s) acquire a Special Declarant Right in accordance with N.C.G.S §47F-3-104 SECTION 9 Declarant Control Period shall have the meaning set forth in Article III hereof. SECTION 10 Declaration shall mean this instrument as it maybe from time to time amended or supplemented SECTION 11 Executive Board or Board shall mean the Board of Directors of the Association, who shall be the body designated in this Declaration to act on behalf of the Association SECTION 12 Limited Common Elements shall mean the real property, areas and facilities which are intended for the exclusive use of one or more, but less than all of the Lots as shown and designated on any maps of sections of the Planned Community which are or may be recorded in the New Hanover County Registry or which may be annexed to this Declaration by any amendment annexing Additional Property and all facilities located thereon. SECTION 13. Limited Common Expenses shall mean actual and estimated expenses of maintaining, operating, repairing, and replacing the Limited Common Elements, including insurance, reasonable reserves and utilities as may be found necessary and appropriate by the Executive Board for the benefit of the Limited Common Elements SECTION 14. Lo shall mean and refer to any numbered tit shown on the Plat, and any numbered lot that may be shown on any plats of any part of the Additional Property that may be hereafter recorded in the office of the Register of Deeds of New Hanover County. The Lot(s) are the portions of the Planned Community designated for separate ownership by a Lot Owner or Lot Owners SECTION 15. Lot Owner or Owner shall mean the Declarant or other Person who owns a fee simple title to any Lot, or who owns fee simple title to an undivided interest in a Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation SECTION 16 Master Association means a master association as defined in the r_r: SECTION 17. Person means a natural person, a business or nonprofit corporation, limited liability company, trustee(s) of a business trust, trustee(s) of chartable or nonchantable trust, limited or general partnership, pint venture, government, governmental subdivision, governmental agency, or other legal entity SECTION 18. Planned CommunM shall mean and refer to the Property plus any Additional Property made a part of the Planned Community by the annexation in accordance with this Declaration SECTION 19. Purchaser means any Person, other than the Declarant or a Person In the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (u) as security for an obligation SECTION 20. Reasonable Aftomevs' Fees means attomeys' fees reasonably Incurred without regard to any limitations on attomeys' fees which otherwise may be imposed bylaw SECTION 21 Special Declarant Rights means any and all rights, powers, and privileges reserved for the benefit of the Declarant in this Declaration, including, but not limited to, (i) the right to complete improvements intended or planned by Developer for the Property or Additional Property; (ii) the right to exercise any development or other right reserved to the Declarant by this Declaration or otherwise; (ur) the right to maintain within the Planned Community sales offices, management offices, construction officeshlrailers, signs advertising the Planned Community, and models; (iv) the right to use the Common Elements for the purpose of making Improvements within the Planned Community; (v) the right to make the Planned Community part of a larger planned community or group of planned communities; (vi) the right to make the Planned Community subject to a Master Association; (vii) the right to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period (viii) the right to permit or cause other land to be annexed to the Planned Community in accordance with this Declaration, and (ix) the rights reserved to the Declarant in Article V of this Declaration. SECTION 22. Stornwater Perm t shall mean State Stormwater Permit Number SW8 120911 issued by the North Carolina Division of Water Quality ('DWQ'), Department of Environment and Natural Resources ('DENR') ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1 Owners' Property Rights and Easement of Enjoyment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners, (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the (Tuners of at least eighty percent (80%) of the Lots, excluding the Developer, provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support SECTION 2. Easements in Favor of Declarant and the Association The following easements are reserved to Declarant and the Association, their agents, contractors, employees, successors and assigns. (a) Easements as necessary in the lands constituting the Common Elements and the rear and front ten feet of each Lot and side five feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the right to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone Imes, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of New Hanover County, the right to cut dram ways, swates and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance, the right to cut any trees, bushes or shrubbery; the right to make any grading of the sod, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance ) No strictures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or Interfere with established slope ratios or create erosion These easement areas (whether or not shown on the recorded plats for the Planned Community) but not the improvements within such areas shall be maintained by the respective Crooner except those for which a public authority or utility company is responsible (b) The right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the Owner of such Lot (c) Easements over, under, and across all streets, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress to and from any Additional Property, and for the installation of utilities for any Additional Property (d) Easements shown and depicted on any recorded map or plat and which affect any Lot or Limited Common Element or which serve the Planned Community or are necessary for the development of the Planned Community. (e) An easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable limes to perform any maintenance and repair to the Limited Common Elements required by this Declaration SECTION 3 Other Easements. The following additional easements are granted by Declarant. (a) an easement to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other Person authorized by it, shall have the Immediate right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners. (c) the Association is granted an easement over each Lot for the purposes of performing Lot maintenance and upkeep when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4 Nature of Easements All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, Purchaser, mortgagee and other person having an interest in the Planned Community, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association The Association was formed on March 19, 2013 The Association is a North Carolina nonprofit corporation organized pursuant to the North Carolina Nonprofit Corporation Act for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and facilities located on the Common Elements and any Limited Common Elements and facilities located on the Limited Common elements, the stonmwater runoff system, sign easement areas and other property and facilities maintained by the Association, to enforce covenants, conditions and restrictions of this Declaration; and to make and enforce rules and regulations governing the Owners' use and occupation of Lots. The Association shall perform its functions in accordance with this Declaration, its Articles of Incorporation and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as it may be amended from time to time, in addition to any powers and authority otherwise granted to it SECTION 2 Membershio. Every Owner shall be a Member of the Association Membership shall be appurtenant to and may not be separated from fee simple ownership of a Lot or fee simple ownership of an undivided interest in a Lot SECTION 3 Votina Fights The Association shall have two classes of voting Membership Class A Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned When more than one Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot Fractional voting with respect to any Lot is prohibited Class B The Declarant shall be a Class B Member and shall be entitled to three (3) votes for each Lot owned and for each planned but currently unplatted Lot to be in the Planned Community. The total number of planned Lots for the Planned Community is currently 63, provided however, that the actual number of Lots may be more or less, and the Class B member makes no representation whatsoever regarding the actual number of Lots to be included in the Planned Community The Class B Membership shall cease and be converted to Class A Membership on the happening of any of the following events, whichever occurs earlier (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership (taking into account all Lot(s), including Lots(s) shown on the Plat, and Lot(s) added to the Planned Community through the annexation of additional land as provided in this Declaration, (b) on December 31, 2032, or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. SECTION 4. Declarant Control Period (a) The Declarant Control Period shall commence on the date this Declaration is executed, and shall end (i) when three -fourths (3t4ths) of the Lots are no longer owned by the Declarant (taking into account all Lot(s), including Lots(s) shown on the Plat, and Lot(s) added or which are planned to be added to the Planned Community through the annexation of additional land as provided in this Declaration), (u) December 31, 2032, or (iir) the Declarant executes a written document stating the Declarant Control Period under this Declaration has ended, whichever occurs first. (b) During the Declarant Control Period, the Declarant shall have the nght to designate and appoint the Executive Board, the right to remove any Person or Persons designated and appointed by the Declarant to serve on the Executive Board, and the right to designate and appoint a Person or Persons to serve on the Executive Board for the remainder of the term of any Person serving on the Executive Board who may resign, die, or be removed by the Declarant. SECTION 5 Government Permits After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, land use, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. Declarant reserves the right to assign any such permits, easements, or agreements to the Association, In which case the Association shall be required to assume the same There are additional provisions made in this Declaration concerning storwater facilities and the Soorwater Permit SECTION 6. Common Elements The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Planned Community from the date of completion of its oonstruchon or improvement by the Developer, whether or not (r) such Common Element has actually been deeded to the Association, or (u) any permit issued by a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor The Association agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the amount thereof if d does not have other sufficient funds available Declarant shall be entitled to specific performance to require the Association to levy and collect such Special Assessment SECTION 7 Insurance. The Executive Board on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shatl the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees At a minimum, the Executive Board shall maintain the insurance coverages required by the Act SECTION 8. Architectural Control Committee. The Executive Board shall perform all duties of the Architectural Control Committee if no such committee is appointed by 0, subject, however, to the Special Declarant fights Any Architecture[ Control Committee appointed by the Executive Board shall consist of at least 3 members ARTICLE IV COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the "Assessments" or 'Assessment") - (a) Annual Assessments, (b) Special Assessments; (c) Insurance Assessments; (d) Ad Valorem Tax Assessments; (a) Working Capital Assessments, and (f) Individual Assessments The Assessments, together with interest, costs and Reasonable Attorneys' Fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made Each such Assessment, together with interest, costs and Reasonable Attorneys' Fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Puroose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Planned Community and for the maintenance, repair, improvement and replacement of the Common Elements and any Limited Common Elements The funds arising from said assessments or charges, may be used for any or all of the following purposes: operation, maintenance and improvement of the Common Elements and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges, establishing and funding reserve accounts, establishing working capital, paying dues and assessments to any organization or Master Association or other association of which the Association is a member, and in addition, doing any other things necessary or desirable as determined by the Executive Board to keep the Common Elements and Limited Common Elements in good operating order and repair SECTION 3 Annual Assessments The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year of the Association. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a quorum The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget In the event the proposed budget is rejected, the periodic budget last rated by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board The Annual Assessment for each Lot shall be established based on the annual budget thus adopted, provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall become due and payable shall be established by the Executive Board. The Executive Board shall have the authority to require the Assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid SECTION 4 Special Assessments In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the following purposes. (a) To defray, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose Written notice of any meeting of Owners called for the purpose of approving such Special Assessment shall be sent to all Members not less than ten (10) days or more than sixty (60) days in advance of the meeting (b) Without a vote of the Members, to provide funds to reimburse the Declarant as provided for in Article III, Section 5, hereof. SECTION 5 Insurance Assessments All premiums on insurance policies purchased by the Executive Board or its designee and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may at any time levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment SECTION 6. Ad Valorem Tax Assessments All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may at any time of year levy against the Owners equally an 'Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay ad valorem taxes not Included as a component of the Annual Assessment SECTION 7 Working Capital Assessments. Upon acquisition of record title to a Lot by the first Owner other than the Declarant or a Builder, such first Owner shall pay the sum of $200.00 to the Association as working capital to be used for operating and capital expenses of the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other Assessments SECTION 8 Individual Assessments In addition to the other Assessments set forth in this Article IV, the Executive Board may levy an Individual Assessment against specific Lot(s) for the following purposes: (a) For the payment of Limited Common Expenses associated with the maintenance, repair, or replacement of a Limited Common element against the Lot or Lots to which the Limited Common Element is assigned. (b) For the payment of any Common Expenses which are designated to benefit specific Lot(s). (c) For the payment of those amounts levied against any Lot owned by an Owner under Article VIII, Sections 2(a) and (b) and Article Vl, Section 4 SECTION 9. Rate of Assessment All Assessments except Individual Assessments shall be levied at a uniform rate against all Lots SECTION 10. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. The Declarant shall not be required to pay Assessments SECTION 11 Effect Of Nonoavment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law or at any other interest rate adopted by the Executive Board. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owners Lot. The Association may collect Reasonable Attorneys' Fees from any Owner for attorneys fees incurred by the Associabon as a result of any Owner's failure to timely pay any Assessment or installment thereof No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable If an Owner fails to pay any installment within the time permitted The Association may also establish and collect late fees for delinquent installments SECTION 12 Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, Interest, and other charges imposed pursuant to Sections 47F-3-102,47F-3-107,47F-3-1071 and 47F-3-115 of the Act are enforceable as Assessments. (b) The lien under this section shall be prior to all liens and encumbrances on a Lot except (Q liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (n) hens for real estate taxes and other governmental assessments and charges against the Lot (c) The hen for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior Court (d) Any judgment, decree, or order in any action brought under this section shall include costs and Reasonable Attorneys' Fees for the prevailing party (a) Where the holder of a first mortgage or deed of trust of record, or other Purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such Purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such Purchaser The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such Purchaser, its heirs, successors and assigns (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. ARTICLE V RIGHTS OF DEVELOPER In addition to any and all other rights, powers and privileges reserved to the Declarant in this Declaration, the Declarant shall have, and there are hereby reserved to the Dedarant, as part of the Special Declarant Rights defined in Section 21, Article I of this Declaration, the following rights, powers and privileges SECTION 1. The Architectural Control Committee/Executive Board. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property, any Additional Property, or the Planned Community. The Declarant shall be entitled during the Declarant Control Period to appoint and remove the officers of the Association and members of the Executive Board. SECTION 2. Plan of Planned Community The right to change, alter or redesignate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, after or re -designate road, utility and drainage facilities and easements and to charge, after or re -designate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable The rights reserved in this Section specifically include, but are not limited to, the right of the Dedarant to redesignate, change or after any platted Lot(s) into road(s) The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots, to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments), to eliminate from this Declaration or any plats of the Planned Community Lots that are not otherwise buildable or are needed or desired by Declarant for access or are needed or desired by Declarant for use as public or private roads or access areas, whether serving the Planned Community or other property owned by the Declarant or others, or which are needed for the installation of utilities, Common Elements or amenities, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a budding site, access area, roadway or Common Elements. The Declarant need not develop, or develop in any particular manner, any lands now owned or hereafter acquired by the Declarant, including any lands shown on plats of the Planned Community as "Future Development" Any such lands shall not be subject to this Declaration unless Declarant expressly subjects them hereto by filing of a supplemental declaration in the Register of Deeds office of the county where the Planned Community is located Declarant is required by DWQ to state herein the maximum allowed built -upon area for all lots which Declarant has planned to develop within the Planned Community By listing the maximum built -upon area herein for all such lots, Declarant does not obligate itself to develop in any particular manner or for any particular uses any lands now owned or hereinafter acquired by Declarant which are not shown as Lots on the recorded Plat, or which are not shown as Lots on any subsequently recorded plats showing Lots that are made part of the Planned Community SECTION 3 Amendment of Declaration by the Declarant. This Declaration may be amended by the Declarant without approval of the Members or the Board of the Association, as the case may be, as follows: 10 (a) In any respect, prior to the sale of the first Lot (b) To the extent this Declaration applies to Additional Property. (c) To correct any obvious error or inconsistency in drafting, typing or reproduction (d) To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status (e) To Incorporate or reflect any platting change as permitted by this Article or otherwise permitted under this Declaration (f) To accomplish the purposes of Article V, Section 2 above (g) To conform, by amendment or otherwise, this Declaration to the requirements of any law or governmental agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement bans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare A letter from an official of any such corporation or agency, including, without limitation, the Department of Veterans Affairs, U S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant may at any time amend this Declaration to change the maximum allowable built -upon area as permitted by DENR Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this Declaration pursuant to this Section SECTION 4 Annexation of Additional Properly. Declarant may annex to and make a part of the Planned Community any Additional Property without the consent of the Association or any Lot Owners. Except for the annexation of Additional Property by the Declarant, the annexation of Additional Property to the Planned Community shall require the assent of the Owners of Lots to which at least sixty-seven percent (67%) of the votes of the Class A Members who are voting in person or by proxy at a meeting called for this purpose are allocated, provided, however, Additional Property may be annexed to the Planned Community by the Declarant or any assignee of Special Declarant Rights without the assent of the Owners of Lots so long as the Additional Property is used for residential purposes, roads, utilities, drainage facilities, amenities, landscape areas, and other facilities not Inconsistent with residential developments Subdivisions or Planned Communities formed from Additional Property need not have the same name as prior portions of the Planned Community I ARTICLE VI USE RESTRICTIONS ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1 Approval of Plans for Buildina and Site Improvements No dwelling, wall or other stricture shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee If the Architectural Control Committee fads to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and full compliance with this Article will be deemed to have occurred . Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Architectural Control Committee for its records The Architectural Control Committee 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 SECTION 2 Minimum Standards for Site Improvements (a) Each dwelling shall have a minimum of one thousand eight hundred (1,800) square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of one thousand four hundred (1,400) square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The tens "enclosed, heated dwelling area" shall mean the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, opentscxeened porches, and like areas. (b) Since the establishment of Inflexible building setback lines for location of houses on Lots tends to form construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Architectural Control Committee, provided, however, that no structure shall be constructed closer to a Lot line than is permitted by applicable governmental regulations. (c) The exterior of all dwellings and other structures must be completed within twelve (12) months after the constriction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency, natural calamities, or the complexity of design and construction (d) All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Architectural Control Committee so as to preclude the same from causing an unsightly view from any highway, street or way within the Planned Community, or from any other residence within the Planned Community. All mail and newspaper boxes shall be uniform in design Design of mail and newspaper boxes shall be furnished by the Developer, Association, or Architectural Control Committee No fences shall be permitted unless the design, placement, and 12 matenals of any fence are approved by the Architectural Control Committee Clotheslines are not permitted on any Lot. (e) Off-street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by the Architectural Control Committee (f) All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be dear, white or non -frosted lights or bulbs SECTION 3 Use Restrictions (a) Land Use And Buildino Tvce No Lot shall be used for any purpose except for residential purposes, subject, however, to the rights of the Declarant contained herein. All Lots are restricted for construction of one single family dwelling (plus, a detached garage, K there is not one attached to the residence, and such other accessory buildings as may be approved by the Architectural Control Committee) (b) Nuisances. No noxious or offensive activity shall be camed on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area (c) Temporary Structures. No structure of a temporary character, trader, basement, tent, shack, garage, shed, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Architectural Control Committee. (d) Vehicles/Boats No boat, motor boat, personal water craft, camper, trailer, motor or mobile homes, tractorArailer, construction equipment or similar type vehicle/equipment, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Executive Board. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any Lot, street or Common Element All lawn maintenance equipment shall be stored when not in use, in a method so as not to be visible from the street The Association shall have the right to have all such vehicles, boats, or equipment towed away or removed at the Owner's expense No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street (a) Animals No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that domesticated dogs, domesticated cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept properly leashed or under the control of their owner and do not become a nuisance (f) TV Satellite Dishes and Outside Antennas No TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Architectural Control Committee; provided, however, satellite dishes not over 18" in diameter which cannot be seen from the street are permitted. 13 (g) Construction in Common Elements No Person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Executive Board (h) Signs. No signs (including 'for sale" or "for rent" signs), other than political signs (as defined in N.0 G S.§47F-3-121), shall be permitted on any Lot or in the Common Elements without permission of the Executive Board, provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Elements advertising the Planned Community. (i) Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Executive Board. Q) Flags/Statuary No flags, outdoor statuary or other decorative objects may be placed on any Lot unless and until permission for the same has been granted by the Architectural Control Committee Notwithstanding any other provision In this Section, either the American Flag or the North Carolina flag having the maximum dimensions of four feet by six feet (4'x6') may be flown on a pole no longer than 5 feet 6 Inches from a pole holder attached to the home In an approved location which can be reached by hand from the ground below so as to be easily Installed and removed. No flagpoles shall be Installed in any other locations on any Lot. Flags will be displayed in accordance with traditional rules and patriotic customs set forth in 4 U.S.C. %540, as amended, governing the display and use of the American Flag. The Association may display the American Flag or the North Carolina flag from flagpoles or otherwise on any Common Element SECTION 4. Maintenance Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects All structures shall be kept neat and in good condition and repair All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invrtees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and it not paid to the Association upon demand, may be added to and become an Individual Assessment levied against said Owner's Lot ARTICLE VII STORMWATER PERMITIFACILITIES SECTION 1 Stormwater Permit The Association and each of its Members agree that at any time after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities), and (it) the Developer is not prohibited under DENR regulations from transferring the Stormwater Permit for the Planned Community to the Association, the Association will cause its officers, without any vote or approval of Lot Owners, and within 10 days after being requested to do so, to sign all documents required by DENR for the Stormwater Permit to be transferred to the Association and will accept a deed conveying such facilities to the Association (if not already deeded); provided, however, that at the time the Developer requests that the Association accept transfer of the Stormwater Permit, the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than forty-five (45) days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefor If the Association fails to cause the 14 documents required by this paragraph to be signed by its officers or to accept a deed conveying such facilities, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the Association's officers sign all documents necessary for the Stormwater Permit to be transferred to the Association and accept a deed conveying such facilities to the Association. Failure of the Association's officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. SECTION 2 Stormwater Facilities Operation and Maintenance Any stormwater retention ponds and related facilities for the Planned Community which have or are to be constructed by or on behalf of Declarant constitute Common Elements and, subject only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Such operation and maintenance shall include, but not be limited to, compliance with all of the terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this Article VI I, the Association shall Indemnify and hold harmless the Developer from any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. SECTION 3. Damage to Stormwater Facilities The Declarant shall, at its sole cost and expense, be responsible for repairing any damage to stormwater facilities caused by the Developer's development activities The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of residences or other activities by Owners, their agents and contractors, upon their Lots, acts of God, or the negligence of others Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within thirty (30) days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by the stormwater plans and specifications for the Planned Community. If the Lot Owner fails to do so within said thirty (30) day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner or assessed against such Owner and his Lot as an Individual Assessment. SECTION 4. Enforcement Of Stormwater Runoff Regulations (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 120911, as issued by the North Carolina Division of Water Quality under the Stormwater Management Regulations (b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. (c) These covenants are to run with the land and be binding on all Persons and parties claiming under them (d) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality (e) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. (f) The maximum allowable built -upon area per Lot is 3500 square feet. This allotted amount includes any built -upon area constructed within the Lot property boundaries, and that portion of the fight -of -way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, 15 concrete, gravel, bnck, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools (g) All runoff from the built -upon areas on the Lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the Lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. (h) Buiit-upon area in excess of the permitted amount will require a permit modification (i) All affected Lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters Q) Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in N.0 G S. Chapter 143, Article 21 (k) If permeable pavement BUA credit is requested, the property Owner must submit a request, with supporting documentation, to the permitlee and receive approval prior to construction ARTICLE VIII LOTS SUBJECT TO DECLARATION/ENFORCEMENT SECTION 1 Lots Subiect to Declaration. The covenants and restrictions contained In this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any Person having at anytime any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive penods of ten (10) years, unless terminated by the Lot Owners SECTION 2 Enforcement and Remedies The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Association shall be entitled to enforce its Articles of Incorporation, Bylaws, and rules and regulations and this Declaration and to collect from any Owner the Reasonable Attorneys' Fees incurred by Association in enforcing the same. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available (a) Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Articles of Incorporation, or rules and regulations, the Executive Board, after thirty (30) days' 16 notice, may enter upon the Lot and remedy the violation or perform the required maintenance or other activities, all at the expense of the Owner The full amount of the cost of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot, including collection costs and Reasonable Attorneys' Fees Such amounts shall be due and payable within thirty (30) days after Owner is billed If not paid within said thirty (30) day period, the amount thereof may immediately be added to and become an Individual Assessment levied against said Owner's Lot In the event that any maintenance activities are necessitated to any Common Elements or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity Is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become an Individual Assessment levied against said Owner's Lot. (b) Fines The Association may, in accordance with the procedures set forth in the Act, establish a schedule of and collect fines for the violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or rules and regulations If an Owner does not pay the fine when due, the fine shall immediately become an Individual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. (c) Suspension of Services and Privileges The Association may, in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's Lot remain unpaid for at least thirty (30) days or for any period that the Owner or the Owners Lot is otherwise in violation of this Declaration or the Association's Articles of Incorporation, Bylaws, or rules and regulations SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE IX. GENERAL PROVISIONS SECTION 1. Rights of Institutional Note Holders Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Planned Community or the property securing its loan, (e) receive written notice of any sooty -day (60) delinquency in the payment of Assessments or charges owed by any Owner of any Lot which is security for the ban, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the consent of a specified percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 2 Utility Service Declarant reserves the nght to subject the Property or any Additional Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot, including but not limited to, a contract with Progress Energy Carolinas Inc , or its successor in interest, for the installation of street lighting which 17 requires a continuing monthly payment to Progress Energy Carolinas, Inc., or its successor in interest, by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, Impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Logs). In the alternative, the Declarant may collect such connection, impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the oompanies/govemmental units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Architectural Control Committee. SECTION 3 Severabil ty. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 4. Amendment of Declaration. Except in cases of amendments that may be executed by the Declarant as provided by this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or any other development right reserved to the Declarant herein. SECTION 5. Conflict. In the event of a coMlict between the provisions of this Declaration and the Bylaws of the Association, this Declaration shall prevail, except to the extent this Declaration is inconsistent with the Act. SECTION 6. North Carolina Planned Community Act. It Is the Intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. SECTION 7. Gender and Number. As used in this Declaration, the masculine, feminine and neuter gender, and the singular and plural numbers, whenever the context requires or permits, shall each be deemed to Include the other genders or numbers respectively. SECTIONS. Captions. The captions in this Declaration are inserted only as a matter of convenience and for reference and they in no way define, limit or describe the scope of this Declaration or the intent of any provision hereof. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed In its company name by its Manager, pursuant to authority duly given by Its Members, as of the day and year first above written. WFDC, LLC BY: /V1/0 William H. Cameron, Manager 18 STATE OF NORTH CAROLINA COUNTYOF Qow Vka.oger I, 1-=n x.j6"o Oo , a Notary Public of tJ ew Eio.noder County, North Carolina, certify that WILLIAM H. CAMERON personally came before me this day and acknowledged that he is the Manager of W FDC, LLC, a manager - managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stamp or seal, this the �y K day of April, 2013. �O F� NOTARY �y�,,PUBLIC` Notary Public Print Name: o S. nrd�e My commission expires: 14 -11-t6 19 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 • tf 1H f t f Rf f f 1HRHRH1f f ............. f HffHitfffttf NHtfttfHHf ftfff RH1HfMf Hltttf f tf HNftfHf fRtf f f f HHRHf f Filed For Registration: 04125f201312:15:18 PM Book: RE 6731 Page: 67-87 Document No.: 2013014740 21 PGS $46.00 Recorder: HUGHLEY, CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013014740* 2013014740 JEqJUL 0 5 2013 III I III III III II III I I I I II FDR REGIST RRTIDM REGIST jj�� OF DEEDS TRMMY THEUSCH BERSLEO'ih 2013HAl 21 12:11:54 PM-�� 2013022682 BK:5747 PGA10-1812 FEE126.00 IhlSiRU�EPJi # 2013�22682 Prepared by and Return to: Morgan & Carter. PLLC PO Drawer 59, Wilmington, NC 28402 NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NEW HANOVER COUNTY FOR LANTANA CROSSING ANNEXING PHASE TWO THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LANTANA CROSSING ANNEXING PHASE TWO ("Declaration of Annexation") is made as of the%day of 12013 by WFDC, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant." WITNLSSETH: WHEREAS, Declarant previously recorded a Declaration of Covenants, Conditions and Restrictions for Lantana Crossing in Book 5731, Page 67, of the New Hanover County Registry (the "Declaration'); and WHEREAS, SECTIONS 3 and 4 of Article V of the Declaration provide that Declarant may annex additional land into Lantana Crossing and subject those properties to the provisions of the Declaration; and WHEREAS, the Declarant has developed Additional Land designated as Lantana Crossing Phase Two which the Declarant wishes to be annexed into Lantana Crossing Subdivision and made subject to the Declaration. NOW, THEREFORE, Declarant hereby declares that the real property described below shall be held, sold and conveyed subject to the following casements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of such property and adjacent properties now or formerly owned by Declarant. These easements, restrictions, covenants and conditions shall run with the property described herein and be binding on all parties now or hereafter having any right, title or interest in such property or any part hereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. Except as hereafter provided, all defined terms used in this Declaration of Annexation shall have the meaning given such terms in the Declaration. 2. Declarant hereby subjects the following described property to the terms of the Declaration (except as such terns are specifically varied in this Declaration of Annexation). All of that land shown on the plat entitled "Lantana Crossing Phase Two", which plat is recorded in Map Book - Page 1 g , of the New Hanover County Registry, reference to which map is hereby made for a more particular description. Except as otherwise specifically provided herein, all terms, conditions and provisions of the Declaration shall apply as to the property annexed herein. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its company name by its Manager, pursuant to authority duly given by its Members, as of the day and year first above written. WFDC,LLC / William I-1. Cameron, Manager STATE OF NORTH CAROLINA COUNTY OF 1, o,n I, ra :S —:;�c.r4. -- , a Notary Public of N+- Z> County, North Carolina, certify that WILLIAM I-1. CAMERON personally came before me this day and acknowledged that he is the Manager of WFDC, LLC, a manager -managed limited liability company, and that he, as Manager, being authorized to do so, executed the foregoing on behalf of said limited liability company. Witness my hand and official stanmp or seal, this time a I A day of20 13 Pq �P �O G� F� NOTARY — Z PUBLIC = L) c, Notary %fic Print Name: My commission expires: 44 - 11 -1 to v4 R . i .1 r V11%I1SIi S� TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 06/21/2013 12:11:54 PM Book: RE 5747 Page: 1810-1812 Document No.: 2013022682 3 PGS $26.00 Recorder: HUGHLEY, CAROL State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013022682* 2013022682 NEW HANOVER COUNTY Engineering Department/Water and Sewer District 230 Government Center Drive • Suite 160 Wilmington, North Carolina 28403 TELEPHONE (910)-798-7139 Beth E. Wetherill, C.P.E.S.C. Fax (910) 798-7051 Soil Erosion Specialist ECEOVE April 29, 2013 J� 1 � 611/ I� BY: MAY 01 2013 � WFDC LLC ) P.O. Box 3649, Wilmington, North Carolina 28406 CERTIFIED RE: Notice of Violation of Land Disturbing Activity Grading Permit Number: 20-12, Wildflower Subdivision Address: Albemarle Drive/Sturbridge Drive Location/Description of Violation(s): Land disturbing activity has taken place outside the approved limits of disturbance on an existing swale adjacent to Pond # 1. The Swale was immediately re -graded and lined with excelsior mat to prevent further damages. Dear Mr. William H. Cameron: This letter constitutes a Notice of Violation of Section(s) 23-237 (4), Section 23-248 (b), Section 23-248 (i) and Section 23-248 6) of New Hanover County's Soil Erosion and Sedimentation Control Ordinance. Please refer to Section 23-250 (b), Section 23-251 (a)(1), Section 23-251 (a)(2), Section 23-251 (a)(3), Section 23-251 (a) (4), Section 23-251 (b), Section 23-252 (a) and Section 23-252 (b) for penalties prescribed by this ordinance and information on corrective measures and time(s) to comply. Section 23-237 Mandatory standards for land disturbing activity No land disturbing activity subject to the control of this Article shall be undertaken except in accordance with the following mandatory standards: (4) Prior plan approval. No person shall initiate any land disturbing activity that will disturb more than one acre on a tract unless 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan must be both filed with and approved by the county. Once a plan has been approved, the land disturbing activity must be conducted in accordance with the plan and permit conditions. The county shall forward to the Director of the Division of Water Quality a copy of each erosion and sedimentation control plan for a land disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table of the tract. Section 23-248 Erosion and sedimentation control plans (b) Persons conducting land disturbing activity on a tract which covers one or more areas shall file three copies of the erosion control plan with the county at least 30 days prior to beginning such activity and shall keep another copy of the approved plan and a posted copy of the permit at the job entrance, or on the job site before construction begins. No land disturbing activity is allowed until both the land disturbing permit and, if applicable, a County Stormwater ATC permit has been approved. After approving the Plan, if the county either upon review of such plan or inspection-ofthejob-site, determines that a significant risk of accelerated erosion or offsite sedimentation exists or if design changes have been made to the original plan, the county will require a revised Plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the approved plan and/or appropriate regulatory authority. (i) Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the county, the land disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. 0) Any person engaged in land disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land disturbing activity except in accordance with provisions of an approved Plan and/or the permit conditions shall be deemed in violation of this article. Section 23-250 Inspections and investigations (b) If through inspection it is determined that a person engaged in land disturbing activity has failed;to comply with the•Act, this Ordinance; or rules or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved Plan or permit conditions, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the Plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in additional civil and criminal penalties for a continuing violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. Section 23-251 Penalties (a) Civil penalties. (1) Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance or the Act by the commission, or who initiates or continues a land disturbing activity for which an erosion control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by registered or certified mail; return receipt requested or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. (2) The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article and shall direct the violator to either pay the assessment or contest the assessment within 30 days after the receipt of the notice of assessment, by filing a petition for a contested case in -the -Office -of -Administrative Hearing in accordance with Article 3. of Chapter 150B of the General Statutes. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. (3) Any appeals from the determination of the Office of Administrative Hearing shall be made by the Secretary of the Department of Environment and Natural Resources in accordance with Articles 3 and 4 of Chapter 150B of the General Statutes. Appeal from the final decision of the Secretary of the Department shall be to the Superior Court of the county where the violation occurred. Such appeals must be made within 30 days of the final decision of the Secretary of the Department of Environment and Natural Resources. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the county attorney for institution of a civil action in the name of the county in the appropriate division of the general courts of justice for recovery of the penalty. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. (4) Civil penalties collected pursuant to this article shall be credited to the general fund of the county as nontax revenue. (b) Criminal Penalties Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with terms, conditions, and provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.00 per calendar day. Section 23-252 Injunctive relief (a) Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this article. Corrective measure(s) needed and Time to Comply: Within 20 working days of receipt of this notice submit revised plans for a land disturbing permit. It appears this work is on an adjacent property. Please also submit a copy of the deed and notarized permission from the property owner allowing this activity. These types of violations can be assessed civil penalties in the amount of $5,000 per day. If the deadlines for corrective measures are not met, civil penalties may be assessed from the date of the violation, so it is imperative that corrective action be initiated as soon as practicable. Once the alternative measure to treat the turbid discharge has been approved and installed, you may have the opportunity to appeal any assessment that may be issued. You can contact me at (910) 798-7139 regarding the required compliance action or to request an appeal of this Notice of Violation once all repairs have been made onsite and/or the plans have been approved. F. Sincerely, Beth Easley Wetherill Soil Erosion Specialist New Hanover County cc: Tim Burgess, Assistant County Manager Jim Iannucci, P.E., County Engineer Kemp Burpeau, NHC Deputy County Attorney Charles Smith, NHC Public Information Sam Burgess, NHC Planning VJo Casmer, NCDENR Water Quality NEW HANOVER COUNTY Engineering Department/Water and Sewer District 230 Government Center Drive • Suite 160 96 Wilmington, North Carolina 28403 �l TELEPHONE (910)-798-7139 Beth E. Wetherill, C.P.E.S.C. 5� Fax (910) 798-7051 Sod Erosion Specialist April 1, 2013 WFDC LLC P.O. Box 3649, Wilmington, North Carolina 28406 EGEIVE APR 03 208 - BV: CERTIFIED RE: Notice of Violation of Land Disturbing Activity Grading Permit Number: 20-12, Wildflower Subdivision Address: Albemarle Drive/Sturbridge Drive Location/Description of Violation(s): Offsite sedimentation is entering the adjacent stream behind pond one where turbid water is being discharged. Dear Mr. William H. Cameron: This letter constitutes a Notice of Violation of Section(s) 23-235 (b), Section 23-235 (c), Section 23-236 (1), Section 23-236 (5) and Section 23-244 of New Hanover County's Soil Erosion and Sedimentation Control Ordinance. Please refer to Section 23-250 (b), Section 23-251 (a)(1), Section 23-251 (a)(2), Section 23-251 (a)(3), Section 23-251 (a) (4), Section 23-251 (b), Section 23-252 (a) and Section 23-252 (b) of New Hanover County's Soil Erosion and Sedimentation Control Ordinance for penalties, corrective measures and time to comply prescribed by this ordinance. Section 23-235 General requirements (b) Protection of property. Person conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. (c) More restrictive rules shall apply. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. Section 23-236 Basic control objectives (1) Identify critical areas On -site areas which are subject to severe erosion and off -site areas which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. (5) Control sedimentation. All land disturbing activity is to be planned and ( �conducted.soias'fo prevent off -site sedimentation damage. Section 23'243.5 Restoration of areas affected by failure to comply The county may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this article. Section 23-244 Additional measures Whenever the county determines that significant sedimentation is occurring as a result of land disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity will be required to and shall take additional protective action. Section 23-250 Inspections and investigations (b) If through inspection it is determined that a person engaged in land disturbing activity has failed to comply with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved Plan or permit conditions, a notice of violation shall be'served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the Plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in additional civil and criminal penalties for a continuing violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. Section 23-251 Penalties (a) Ciuil penalties. (1) Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance or the Act by the commission, or who initiates or continues a land disturbing activity for which an erosion control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by registered or certified mail, return receipt requested or other means reasonably calculated to . give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. (2) The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article and shall direct the violator to either pay the assessment or contest the assessment within 30 days after the receipt of the notice of assessment, by filing a petition for a contested case in the Office of Administrative Hearing in accordance with Article 3 of Chapter 150B of the General Statutes. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. (3) Any appeals from the determination of the Office of Administrative Hearing shall be made by the Secretary of the Department of Environment and Natural Resources in accordance with Articles 3 and 4 of Chapter 150B of the General Statutes. Appeal from the final decision of the Secretary of the Department shall be to the Superior Court of the county where the violation occurred. Such appeals must be made within 30 days of the final decision of the Secretary of the Department of Environment and Natural Resources. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the county attorney for institution of a civil action in the name of the county in the appropriate division of the general courts of justice for recovery of the penalty. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. (4) Civil penalties collected pursuant to this article shall be credited to the general fund of the county as nontax revenue. (b) Criminal Penalties Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with terms, conditions, and provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.00 per calendar day. Section 23-252 Injunctive relief (a) Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this article. Corrective measure(s) needed and Time to Comply: Immediately stop all turbid discharge from this project upon receipt of this Notice of Violation. You must also investigate alternative measures to address the turbid discharge. Once an alternative measure is located and approved by this office it must be immediately installed. These types of violations can be assessed civil penalties in the amount of $5,000 per day. If the deadlines for corrective measures are not met, civil penalties may be assessed from the date of the violation, so it is imperative that corrective action be initiated as soon as practicable. Once the alternative measure to treat the turbid discharge has been approved and installed, you may have the opportunity to appeal any assessment that may be issued. You can contact me at (910) 798-7139 regarding the required compliance action or to request an appeal of this Notice of Violation once all repairs have been made onsite and/or the plans have been approved. Sincerely, "bk*k ta4wt wvg.*'U , Beth Easley Wetherill Soil Erosion Specialist New Hanover County cc: Tim Burgess, Assistant County Manager Jim lannucci, P.E., County Engineer Kemp Burpeau, NHC Deputy County Attorney Charles Smith, NHC Public Information Sam Burgess, NHC Planning Chad Coburn, NCDENR Water Quality Wetlands Jo Casmer, NCDENR Water Quality Emily Hughes, US Army Corps. Of Engineers IF my ; - vs, 7vJ111, to ........... ........... women Y."WROW." ,.. Ow Ow 0 ;71 J I, C201307702802 INC0M-,Q(5 SOSID: 1307823 Date Filed: 3/19/2013 10:22:00 AM i Elaine F. Marshall North Carolina Secretary of State ARTICLES OF INCORPORATION OF LANTANA CROSSING HOA, INC. A NON-PROFIT CORPORATION In compliance with the requirements of Chapter 55A of the General Statutes of North Carolina, the undersigned, being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation and does hereby certify: ARTICLE I. NAME The name of the corporation is Lantana Crossing HOA, Inc. (the "Association'). ARTICLE II DURATION The period of duration of the Association shall be perpetual. ARTICLE III. DEFINITIONS Except as otherwise provided herein, all capitalized words contained herein shall be as defined in that certain Declaration of Covenants, Conditions, and Restrictions for Lantana Crossing, as amended, to be recorded in the Register of Deeds for New Hanover County, North Carolina (the "Declaration"). ARTICLE IV. PURPOSES The Association does not contemplate, pecuniary gain or profit to the Members thereof. No part of the net income of the Association shall inure to the benefit of any officer, director, or Member of the Association. The Association is formed for the purpose of (1) providing for the administration, operation, management, maintenance, regulation, architectural control and preservation of the planned community known as Lantana Crossing, as more particularly described in the Declaration, and any additions C201307702802 thereto that may be brought within the jurisdiction of the Association, (2) to promote the health, safety, and welfare of the residents and Owners, and (3) to undertake the performance of certain acts and duties incident to the administration, operation, and management of the Association in accordance with the terms, provisions, conditions, and authorizations set forth in these Articles of Incorporation, the Bylaws of the Association, and the Declaration. ARTICLE V. POWERS The Association shall have (1) all of the powers, rights and privileges granted to a corporation organized under the nonprofit corporation law of the State of North Carolina, (2) all of the powers, rights and privileges granted to a corporation organized under any other applicable laws of the State of North Carolina, (3) all of the powers, rights and privileges provided under the North Carolina Planned Community Act (Chapter 47F), (4) all of the powers necessary to effectuate and implement the purposes of the Association and for the governance and operation of the Association, including, without limitation, the power to exercise all of the rights, privileges, duties, and obligations of the Association as set forth in the Declaration, as the same may be amended from time to time, and (5) and the power to engage in any other lawful enterprise or activity and to do and perform all acts and things that may be deemed necessary or expedient for the proper and successful prosecution of the objects and purposes for which the Association is organized. ARTICLE VI. MEMBERSHIP Every Owner shall be a Member of the Association during the period in which such Owner owns a Lot in fee simple, or an undivided interest in a Lot in fee simple, in Lantana Crossing. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from the fee simple ownership of a Lot or the fee simple ownership an undivided interest in a Lot. Except as provided in these Articles, the rights and obligations of the Members shall be as set forth in the Declaration and the Bylaws of the Association. The Declarant will maintain control of the Association during the Declarant Control Period as set forth in the Declaration and/or the Bylaws of the Association, as they may be amended from time to time. ARTICLE VII. VOTING RIGHTS The Association shall have two classes of voting Membership. 2 C201307702802 Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect - to any Lot. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member and shall be entitled to three.(3) votes for each Lot owned and for each planned, but currently unplatted Lot to be in the Planned Community. The total number of planned Lots for the Planned Community is currently 63; provided however, that the actual number of Lots may be more or less, and the Class B member makes no representation whatsoever regarding the actual number of Lots to be included in the Planned Community. The Class B Membership shall cease and be converted to Class A Membership on the happening of any of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership (taking into account all Lot(s), including Lots(s) shown on the Plat, and Lot(s) added to the Planned Community through the annexation of additional land as provided in this Declaration; (b) on December 31, 2032; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. ARTICLE Vill. INITIAL BOARD OF DIRECTORS There shall be one (1) Director on the initial Board of Directors, who shall serve until his successors(s) are appointed or elected. The number of members of succeeding Boards of Directors shall be as provided from time to time by the Bylaws. The name and address of the initial Director is as follows: William H. Cameron 1201 Glen Meade Road Wilmington, NC 28401. C201307702802 ARTICLE IX. AMENDMENT These Articles of Incorporation may be amended as provided in Chapter 55A of the North Carolina General Statutes. ARTICLE X. DISSOLUTION In the event of dissolution of the Association, other than incident to a merger or consolidation, after all of the Association's liabilities and obligations have been discharged or adequate provision has been made therefor, the assets of the Association (i) will be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created, (ii) will be granted, conveyed and assigned to one or more nonprofit corporations, associations, trusts or organizations with similar purposes to those of the Association which are exempt organizations under Sections 501(c)(3) or 528 of the Internal Revenue Code of 1986 or any corresponding sections or provisions of any future United States Internal Revenue Law (the "Code"), or (iii) will be distributed as provided by the North Carolina Planned Community Act. Dissolution shall also conform to the terms and conditions of the North Carolina Planned Community Act. ARTICLE XI. TAX STATUS Notwithstanding any other provision of these Articles, the Association hereby elects tax-exempt status under Section 528 of the Code. The Association shall comply with Section 528 of the Code. It is further provided that no distributions of income of the Association are to be made to Members, directors or officers of the Association, except that members of the Association may receive a rebate of any excess dues and assessments previously paid to the extent permitted by the Code and applicable law. ARTICLE XII. INDEMNIFICATION To the fullest extent allowed by law, every Director and every Officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which s/he may be a party, or in which s/he may become involved, by reason of his/her being or having been a Director or Officer of the Association, whether or not s/he is a Director or Officer at the time such expenses are incurred, except in such cases wherein the Director or Officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his/her duties; provided that, in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the Director C201307702802 or Officer seeking such reimbursement or indemnification, the indemnification herein shall only apply if the Board of Directors approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not in lieu of any other rights to which such Director of Officer may be entitled. ARTICLE XIII. REGISTERED OFFICE AND AGENT The mailing address, street address, and county of the initial registered office of the Association is 1201 Glen Meade Road, Wilmington, New Hanover County, North Carolina 28401, and the name of the initial registered agent at such address is William H. Cameron. ARTICLE XIV. PRINCIPAL OFFICE The mailing address, street address, and county of the principal office of the Association is 1201 Glen Meade Road, Wilmington, New Hanover County, North Carolina 28401. ARTICLE XV. INCORPORATOR The name and street address of the incorporator is: William H. Cameron 1201 Glen Meade Road Wilmington, NC 28401. fqN TESTIMONY WHEREOF, the incorporator has hereunto set his hand this day of March, 2013. 4110 William H. ameron, Incorporator LANTANA CROSSING HOA, INC. WRITTEN CONSENT OF THE BOARD OF DIRECTORS TO ACTION WITHOUT AN ORGANIZATIONAL MEETING The undersigned, being all of the members of the Board of Directors of LANTANA CROSSING HOA, INC., a North Carolina nonprofit corporation (the "Association"), do hereby take the following actions and adopt the following preambles and resolutions by signing our written consent hereto in lieu of an organizational meeting: Articles of Incorporation. RESOLVED, that the Articles of Incorporation of the Association filed with the Secretary of State of North Carolina on March 19, 2013, be filed with and made a part of the minutes of the proceedings of the Association. 2. Adoption of Bylaws. RESOLVED, that the Bylaws signed by the Director of the Association on April 24, 2013, which have been inserted into the minute book of the Association be, and they hereby are, adopted, ratified, confirmed, and approved as the bylaws of the Association for the regulation of its business and affairs. 3. Principal Office. RESOLVED, that until further action of the Board of Directors, the principal office of the Association shall be located at 1201 Glen Meade Road, Wilmington, NC 28401. 4. Appointment of Officers. RESOLVED, that the following persons be, and they hereby are, appointed to the offices set forth opposite their respective names below: NAME OFFICE Daniel J. Weldon President William H. Cameron Vice President Jordy Rawl V Vice President William H. Cameron Treasurer William H. Cameron Secretary Jordy Rawl V Assistant Secretary Donna Pardue Assistant Secretary