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HomeMy WebLinkAboutSW8990306_Historical File_20090617 AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 17, 2009 Mr. Raiford G. Trask, Jr. Owner 1202 Eastwood Road Wilmington, NC 28403 Subject: Correction - Modified Drainage Area — Pond 1 Westfall Office Park— Master Permit Stormwater Project No. SW8 990306 New Hanover County Dear Mr. Trask: During the review for a new offsite permit for Wilmington Realtors Office, we noticed that several offsite permits have been sent out with an incorrect drainage area for Pond 1. Therefore, we are sending this letter to acknowledge the reduction in drainage area to Pond 1 for the master permit, and to correct the drainage area for Pond 1 on the offsite permits. This reduction of 1.07 acres was previously mentioned in the Plan Revision to the master permit of May 25, 2005. The drainage area for Pond 1 was changed from 6.25 acres (272,250 sf) to 5.18 acres (225,640 sf). This change was due to Tract C3 (Recombination), the recombination of four (4) tracts C1 — C4 and the proposed New Hanover County Library site into one Tract C, which is currently occupied by FNB Properties, LLC under offsite stormwater permit SW8 050321. It has been determined that a formal permit modification is not required for the proposed changes. Please be aware that all terms and conditions of the permit issued on April 10, 2001 remain in full force and effect. Any other changes to this project must be approved through this Office prior to construction. The issuance of this letter 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 Georgette Scott or me at (910) 796-7215. Sincerely, Steve G. Pusey Environmental Engineer GDS1sgp: S:IWQS\STORMWATER\PERMIT1990306correction.jun09 cc: John S. Tunstall, PE — NKT Consulting Engineers, Inc. Steve Niemeyer, FNB Properties, LLC &Tri-Coast Pines, LLC Terry Espy, Manager-Westfall I, LLC Jon T. Vincent, Member/Manager—4 Corners Properties, LLC New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Wilmington Regional Office Central Files Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org Naturally An 1-qual Opportunity\Affirmative Action Employer L " RE:Re:Westfall Ofice Park G Q5348- Subject: RE: Re: Westfall Office Park j Q� From: "John Tunstall" <junstall@nkteng.com> C1 r� ( Date: Mon, 16 Feb 2009 09:35:26 -0500 mS J3' " To: "'Linda Lewis' <linda.lewis@ncmail.net> A p ?R_Arr(A thanks OC47A Original Message From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Monday, February 16, 2009 8:42 AM To: John Tunstall Cc: Georgette Scott Subject: Re: Westfall Office Park John: The Division is willing to accept the package into the regular program with the understanding that the permit will not be issued until the required Designer's Certification is provided. If you so desire, it can be moved to Express after the certification is received. Linda John Tunstall wrote: Linda I have been working with David Cox on repairs to Pond 4 out at Westfall Office Park. We have had a lot of damage to the pond and swales due to 4 wheelers tresspassing and are in the process of repairing the deficiencies. The repairs should be complete in a couple of weeks. Your office and our office has no record of the Pond being previously certified. With that being said, McKim and Creed is working for the Momentum Group on a medical office that drains into pond 4 and has stated that NCDENR will not accept a permit package until a certification of the pond was received. I can't certify the pond until the contractor has completed the repairs the pond. Momentum Group is moving forward and the owner cannot hold them up in the process. So Could you accept the application from Momentum Group for review knowing that the repairs and certification will follow? Thanks John S. Tunstall, P.E. Norris, Kuske & Tunstall Consulting Engineers, Inc. 902 Market Street Wilmington, NC 28401 1 of 2 2/16/2009 9:51 AM RE:Re:Westfall Office Park 910-343-9653 910-343-9604 (Fax) It is the professional opinion of Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris, Kuske & Tunstall makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris, Kuske & Tunstall in the preparation of such data. Email correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. 2 of 2 2/16/2009 9:51 AM Yrik 11111111111111 2009006777 ash ,0•1) C FOR REGISTRATION REGISTER OF DEEDS W ��`�O� IFER N. YISN VAS �'�' BK:582PG12222155 EE.20.80 INSiRiEff I (Excise Tax) -a-- Recording time,Book and Page Tax Parcel No. Pt of.R05100-003-001-000 Prepared By and James A. MacDonald,Attorney Return To: Allen,Macdonald&Davis,PLLC 1508 Military Cutoff Road,Suite 102 Wilmington,North Carolina 28403 After recording mail to: Westfall Park Homeowners'Association,Inc. 1110 1202 Eastwood Road Wilmington,North Carolina 28403 STATE OF NORTH CAROLINA WARRANTY DEED k COUNTY OF NEW HANOVER - THIS DEED,made this ng day of December, 2008,by and between PHARMCO PROPERTIES,LLC,a North Carolina limited liability company,hereinafter called the Grantor, and WESTFALL PARK HOMEOWNERS' ASSOCIATION, INC., a North Carolina corporation,hereinafter called the Grantee.The designations Grantor and Grantee,as used herein, shall include said parties, its heirs, successors and assigns, and shall include singular, plural, masculine,feminine or neuter,as required by context. WITNESSETH: THAT said Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has granted,bargained,sold and conveyed,and,by these presents,does hereby grant,bargain,sell and convey,unto the said Grantee,its heirs,successors and assigns,in fee simple,all that certain lot or parcel of land situated in New Hanover County,North Carolina,and more particularly described as follows; 410 BEING ALL OF THAT PROPERTY SHOWN ON EXHIBIT"A,"WHICH IS HERETO ATTACHED AND INCORPORATED BY REFERENCE. Together with all and singular the tenements,hereditaments and appurtenances thereunto belonging,or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, and all privileges and appurtenances thereto belonging,to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee 4-0 simple,and has the right to convey the same in fee simple;that title is marketable and free and clear of all encumbrances,except as follows: 2008 ad valorem taxes,usual rights-of-way for utilities, restrictive covenants of record,if any,and applicable zoning regulations and ordinances,if any;and that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons whomsoever,except for exceptions herein stated. ' IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed by its duly O. authorized manager,the day and year first above written. PHARMCO PROP RTIES,LLC, a North Carolina , ted liability co , >, ny 1 BY: 1%. 1111 J I li74,1 e , r",ager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 410 I certify that the following person personally appeared before me this day,acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:JON T.VINCENT,Manager of PHARMCO PROPERTIES,LLC,a North Carolina limited liability company,[CHECK ONE]fi (i)I have personal knowledge of the identity of the principal;or 0 (ii)I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a Date: December 17 , 008. Pu is gnature a(omit -; Seal of Notary Public) Lynn R. Ward '�f Printed Name of Notary Public iiebS•4•frirst so My commission expires: s/'8/2013 I I . V • EXHIBIT"A" 11110 BEING all of Pond Site#2,Section 1,Westfall Park,containing 1.42±acres,according to the plat thereofrecorded in Map Book 39,at Page 238,of the New Hanover County Registry, reference to which is hereby made for a more particular description. SUBJECT TO AND TOGETHER WITH all tights, privileges, easements, duties and obligations set forth in that certain Declaration of Covenants,Conditions and Restrictions applicable to Westfall Park recorded in Book 2698,at Page 30 of said Registry. SUBJECT ALSO to the rights and easements reserved by Grantor over and across Pond Site #2,for use of said tract as a retention pond for the benefit of lands in Section 1,Westfall Park retained by Grantor,as set forth in that certain Declaration of Easements,Section 1,Westfall Park,duly recorded in Book 2698,at Page 47 of said Registry,including,without limitation, the right to enlarge said retention pond as additional property in Section 1,Westfall Park as developed by Grantor,its successors and assigns. 8/14/2014 New Hanover County PA RID:R05100-003-072-000 WESTALL PARK HOA INC 1007 ASHES DR Parcel Alt ID 315819.50.4809.000 Address 1007 ASHES DR Unit City WILMINGTON Zip Code - Neighborhood CEBDO Class HOA-Homeowners Common Area Land Use Code 960-STORM WATER PONDS Living Units Acres 1.4362 Zoning O&M-OFFICE&INSTITUTION(GENERAL) Legal Legal Description (1.44 ACRES)POND SITE#2 SEC 1 WESTFALL PARK Tax District WM Owners Owner WESTALL PARK HOA INC City WILMINGTON State NC Country Zip 28403 THE DATA IS FROM 2014 Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 27-FEB-09 WESTALL PARK HOA INC PHARMCO PROPERTIES LLC 5382 2212 441350 31-JAN-00 $1,133,000 PHARMCO PROPERTIES LLC TRASK RAIFORD G JR 2898 0052 139140 27-APR-90 $50,000 TRASK RAIFORD G JR *NOT IN SYSTEM° 1494 1004 139139 Sale Details 1 of 3 Sale Date 27-FEB-09 Sale Key 441350 Sale Price Grantee WESTALL PARK HOA INC Grantor PHARMCO PROPERTIES LLC Sale Source _ Book 5382 Page 2212 Sale Validity U-Unqualified Sale Type IMPROVED Sale Flag STEB C Instrument# Instrument Type Warranty Deed Adj.Reason Adj.Price Adj.Amount Values Year Total Land 20$0 Total Buildings $o $0 Appraised Total $0 MARKET VALUE SHOWN-EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2014 http://etaxnhcgov!corn/Datalets/PrintDatal etas pOpin=R05100-003-072-0008 gsp=PROFILEALL&taxyear=201484 ur=N H&ownseq=0&card=1&roil=RP&State=1.,. 1/2 L tip • 2007055150 1 � n; Sr1 15 FOR REeI6T O arageRCOF Mos NVSi:21:05)1 9K15251 1412429-2444 FEE:$56.60 NM 190NEaS STATE OF NORTH CAROLINA DECLARATION OF RIGHTS,COVENANTS AND EASEMENTS COUNTY OF NEW HANOVER THIS DECLARATION OF RIGHTS,COVENANTS AND EASEMENTS made end entered into this the a day of November,2007, by and between WNC 1,LLC,WNC 2,LLC, WNC 3,LLC and,WNC 4,LLC,all companies being Indiana Limited Liability Companies authorized to do business in North Carolina,(hereinafter referred to as"VVNC'),and PHARMCO PROPERTIES,11,LLC,a North Carolina Limited Liability Company,(hereinafter referred to as 'Pliant=p'7,and PHARMA OFFICE PARK ASSOCIATION,a North Carolina non-profit corpotetion,(hereinafter referred to as"Phanna'). WITNESSETH WHEREAS,WNC are the owners of a certain parcel of land known as Lot 42 of Section 1 of Wcetfall Office Park,the same as shown in Map Book 39 at Page 238 in the Register of Deeds Office for New Hanover County,North Carolina;and, WHEREAS,Pharmco It is the declarant end developer of a Condominium on property adjacent to the WNC Property known as Phamra Office Park as more particularly set forth in the Declaration of Condominium recorded in Book 3827,at Page 1 et seq.and as amended in the First Amendment in Book 4769,at Page 985,the Second Amendment in Book 4940,at Page 1597,the Third Amendment in Book 5013,at Page 1493 and the Fourth Amendment in Book 5081,at Page 641,all of which are recorded in the New Hanover County Registry together withthe Condominium Maps described in said Condominium Declaration and amendments reference to which is made for a more particular description;and, WHEREAS,Plume is the owners'association which has been established to govern the unit owners of the Phemw Office Park Association;and, RETURN TO 01.001 etiq tin Repot-reek y +er; AA0cDtriatol, Dmi mac, L WHEREAS,the Board of Directors of?harms HOA has approved and ratified this Declaration of Rights,Covenants and Easements;and, WHEREAS,the Property owned by WNC and the Property comprising the Phanna Office Park share the common use with others of the Drainage Pond 62 located in Westfall Research Park which was deeded to Phermco Properties,LLC and which was subsequently conveyed to Phartneo Properties B,LLC and is subject to the terms of that certain Drainage Pond Agreement recorded in Book 2698,at Page 47 of the New Hanover County Registry;and, WHEREAS,the Property owned by WNC and the Propertycotnprising Pharma Office Park share a courtyard,fountain and landscspingarcas which ire locatedpartlallyonboth properties;and, WHEREAS, the parties desire to enter into an agreement to address maintenance iihar responsibilities for the shared stonnwater pond,fountain,courtyard end landscaping. NOW,THEREFORE,in consideration ofthe mutual promises,covenants and agreements herein contained amd other valuable considerations the parties hereto do covenant and agree as follows: ARTICLE I DEFINITIONS For the purposes of this Agreement the following shall be defined terms: Section 1. "WNC'a Proeerty"shall be defined as being all of Lot 42 as shown on a Map entitled"Section l of Westfall Office Perk".and as recorded in Map Book 39 at Page 238 of the New Hanover County Registry Section 2, "Pharmea DD"joins in this cross easement in the exercise of its declarant rights as owner and developer of the properties described in the Declaration of Condominium for Plume Mee Parkas amended and more particularly set forth in Book 3827,at Page I et seq.and the Amendments la amended in the First Amendment In Book 4769,at Page 985,the Second Amendment in Book 4940,at Page 1597,the Third Amendment in Book 5013,at Page 1493 and the Fourth Amendment in Book 5081,at Page 641,all of which are recorded In the New Hanover CountyRegiatrymge herwiththeCondominiumMapsdescribed in said Condominium Declaration and amendments reference to which is made fora mote particular description. Section 3. "?barnha"property shall be the undivided ownership interest of the members in the common area as managed by the Association set forth in the Declaration of Condominium and amendments thereto recorded in Book 3827,at Page 1 et seq.Plarmco II joins elor In this cross easement in the exercise of its declarant rights as owner and developer of the properties described in the Declaration of Condominium for Pharma Office Park as amended and more particularly set forth in Book 3827,at Page 1 et seq.and the Amendments as amended in the First Amendment in Book 4769,at Page 985,the Second Amendment in Book 4940,at Page 1597,the Third Amerndrorot in Book 5013,at Page 1493 and the Fourth Amendment in Book 5081,at Page 641,all ofwhich are recorded in the New Hanover County Registry together with the Condominium Maps described In said Condominium mt Declaration and amendments reference to which is made for a more pardeWar description. 2 Wear Section 4. "Common Elements"the common elements referred to in this agreement shall consist of: i)the stotmwater'election pond referred to Drainage Pond 02 of Westfall Research Park as shown on the map of Section 1 of Westfall Office Park recorded in Map Book 39,at Page 238 oftheNew HertoverCounty Registry until such time as it is conveyed to Westfall Research Perk Association,Inc. ii)the maintenance of the fountain and courtyard located on the Property described in Section l and Section 3 of this Article. ni) the Property landscaping located on eitiL r property which is a shared expense under this agreement. Section S. "Common Expenses"shall mean expenditures made by or financial liabilities under this agreement. Section 6. "Amaoelation"shall mean and refer to?henna Office Association (hereinafter POA),a North Carolina unincorporated association,its successors and assigns. Section 7. "Let"shell moan and refer to any individual lot described in Article l Section l and Section 3. Section 8. "Owner"shall mean and refer to the record owner,whether one or more persons or entities,of fee simple title to any Lot,including connect sellers,but excluding those having an interest merely as security for the performance of an obligation. Section 9. "Member"shall mean each Owner or other person or entity holding a membership in the Association. ARTICLE II PROPERTY RIGHTS Section 1.Owners'Easements of Jnlnvmant Each Owner shall have and is hereby granted a right end easement of enjoyment and use In end to the Common Elements,and Retention Pond as defined in Article I Section 4(i)for the purpose of stormwater drainage from his respective Lot to the Retention Pond which easement shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: (a)the right of the Association to charge to each Owner its Proportionate Share of the reasonable few for One cleaning,maintenance and repair of the Retention Pond,and any and all improvements and landscaped areas within the boundaries of the Common Elements; (b)dine right of the Association to suspend the voting rights of any Owner for and period during which any assessment against his Lot remains unpaid beyond any applicable grace or cure period; (c)the right of the Owners to dedicate or transfer all or any part of the Common Elements to any public agency,authority or utility for such purposes end subject to such conditions as may be Itar agreed to by the Members.No much dedication or transfer shall be effective unless and until an instrument agreeing to such dedication or transfer is signed by all of the Members and has been Section 2.Deletatlonof Use.Subject to and in accordance with the By-Laws of the Association,any Owner may delegate,convey,sell or transfer his right of enjoyment and use in and to the Common Area,the Retention Pond sod the other improvements located thereon to any such tenant or connect purchaser in possession of such Owner's Lot. 3 L ARTICLE iII MEMBERSHIP AND VOTING RIGHTS Section 1.Owner.as Members.Every Owner ofa Lot shall beaMemberoftheAssociation and aubject to anyand all assess:none imposed bylheAssociation with respect to the Common Area or the Retention Pond.Membership rights,duties and obligations shall be appurtenant to and may not be separated from ownership of any Lot. Section 2.Vans.The Association shall have one close of voting membership and each Member shell be entitled to one(1)vote ibr each Lot owned.When more than one person or entity holds an interest In any Lot,all such persons or entities shall be Members and the vote for such Lot shall beexerciieedastheydetertnine,but in no event shall more than one(1)vote be cast with respect to any single Lot. ARTICLE IV. COVENANT FOR MAINTENANCE ASSESSMENTS Section I.Crendon albs Lien and Pennon Qbllatlon of Assessments Each Owner of Lany Lot is deemed to covenant and shall pay to the Association:(1)annual assessments or charges (the"Annual Assessment"),and(2)from time to time,special assessments for capital improvements to the Retention Pond and other areas oldie Common Area(the"Special Assessment"),the Annual Asseumcnt and Special Assessment ate sometimes collectively hereinafter referred to as the ("Assessment);such Assessments to be established and collected as hereinafter provided The Annual and Special Assessments,together with interest,costs,and reasonable attorneys fees.shell be a charge upon each record on the lot and shall be a continuing lien upon any Lot against which each such Assessment is made.Each such Assessment,together with interest,costs and auomey's fees,shall oleo be a personal obligation of the person or entity who is the Owner of such Lot at the time whensuch Auessineet becomes due.The personal obligation for delinquent Assessments shall not pees to the Owner's successor in title unless expressly assumed in writing by such successor in tide. Section 2.puraoseofAsseessustg.The Assessmentaleviedby the Assaietionahalibe used exclusivclyIin the costs of cleaning,operation maintenance,repairand landscaping expense fbrthe Common Elements. Section 3.AiltalliffiLAIMOILBRUILMette Until January 1,20011,the maximum Annie) Assessment to be charged by the Association shall be Four Hundred Seventy-Five Hundred Dollars 0475.00)per month per Lot. From and after January 1,2008,the Property Manager for the Association may increase the maximum Annual Assessment ash year by not mote the ten percent(10.0%)above the main non Annual Assessment for the previous year with the vote of one of the Members.Any increase of the Annual Asseument above ten percent(10.0%)from the previous year shall require the affirmative vote of all of the Members atameetittgduly called fbr such purpose,or with then nanitnous written consent of all the Members in lieu of such meeting. Section 4.Special Assessments for Capital Improvemeptr.In addition to the Annual Assessments authorized above,the Association may levy, in any assessment year.a Special Assessment applicable to that year only for the purpose ofdefiaying,in whole or in part,the cost of any construction,reconstruction,repair or replacement of a the Retention Pond or any other capital improvement in or upon the Common Area,including fixtures andperaooal property related thereto; provided that any such Special Assessment shall he approved by a all of the votes of the Members who are voting in person orby proxy ata meeting duly called for such purpose,orbythe unanimous written consent of all Members in lieu of etch mating Section S.Nodes and Quorum for Anv Action Authorized Under Article IV.Seetlegi end 4.Written notice ninny meeting called for the purpose°flaking any action authorized under 4 Article IV,Sectirns3 and4thil1be sent teall Members not less than 30 days nor more than 60 days in advance of the meeting.At the first such meeting called,the presence of Members or of proxies entitled to cast seventy-live percent(75.0%)of the votes shall constitute a quorum.No such subsequent meeting shall be held more than 60 days following the preceding meeting. Notwithstanding the foregoing,any action authorized to be taken at a meeting of the Members may be taken by the unanimous written consent of all of the Members in lieu of such a meeting. Section 6. Uniform Rib of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for all Lots.Annual Assessments shall be collected annually,within 30 days after the Due Date(as defined below),Special Assessments shall be collected within sixty(60)days of the date of such assessment,unless otherwise provided. Section 7.pate of Commencement of Annual Assessments and Due Dates.The Annual Assessments provided for herein shall comrnenceasto all Lees on the firm dayyofNovember 1,2007. This initial annual assessment for the remainder of 2007 shall be set at$475.00 per lot per month commencing on November 1,2007.Thereafter the Board of Directors of the Association shall fix the amount of the Annual Assessment against each tat at least thirty(30)days in advance of each Annual Assessment period.Written notice of the Annual Assesm ant shall be sent to every Owner subject thereto.The due dates(the"Due Date")shall be established by the Board of Directors.The Associationstall,uponrcquest,and fbr ateseonable charge,&rajahacertifcaee signed byanofficer Sikete of the Association setting forth whether the Assessments on a specific Lot have been paid.A properly executed certificate of the Association as to the status of Assessments on a Lot shall be binding upon the Association as of the date of its issuance. Section .ifilifilIMMIalinegLgEdneelmentegnagmggigueggaugskgsw Any Assessment which is not paid within thirty(30)days after the Due Date shall bear interest from the Due Date at the rate of nine percent(9.0%)per annum.The Association may bring an salon at taw against the Owner penotallyobligaeed to pay the same or foreclose its lien.No Owner may waive or otherwise avoid liability for the Assessments provided herein by oon•usc of the Common Area or abandonmem of his Lot. Section 9.Subordination of the Lien to Morteaees and Deeds of Tull.The lien for the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust.Sale or transfer of any tat shall not affect the Assessment lien.However,the sale or transfer of any Lot pursuant to mortgage or deed oftruat foreclosure orsnypmeeediog in lieu thereof,shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer.No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE V . The owners reserve the right to transfer the Drainage Pond#2 refereed to in Article I Section 4(i)back to Weatfill Park Homeowners Association,Inc.at such time as such association is activated. Upon such transfer,thereafter the fees assessed fbr the pro rata share of the Owners for stormwater pond maintenance will be paid directly to the Westfall Park Homeowners Association, Inc. ARTICLE Vi NOTICE Any notice required or permitted to be given hereunder shall be given in writing and delivered in person or sent by United States Registered or Certified Mail,postage prepaid,to the party being given such notice at the following addressee: To WNC 1,LLC,WNC 2,LLC,WNC 3,LLC or WNC 4,LLC: 1720 North Kinser Pike Bloomington,Indiana 47408 5 1461. To Phannco U: I508 Military Cutoff Road,Suite 302 Wilmington,North Carolina 28403 To Phamia HOA: 1508 Military Cutoff Road,Suite 302 Wilmington.North Carolina 28403 My party may change said address by giving tho other party hereto notice of such change of address.Notice given as herein above provided shall be deemed given at the time of deposit in the mail or personal delivery,as the case maybe. ARTICLE V11 GENERAL PROVISIONS Section 1.Settlement of Disown.The parties hereto agree that any controversy or claim arising out of or relating to this Lease shall be submitted to binding arbitration in accordance with the North Carolina Uniform Arbitration Act. All arbitration proceedings shall be held in New Hanover Cowry,North Carolina.unless olherwiseagreed upon by the parties.No provision of this Agreement shall be interpreted for or against any party because that party or its legal representative droned the lease orparticulerprovision,and the parries hereby unconditionally waive such defense or claim regarding this Agreement.This stipulation may be used In court regarding any claims or defenses based on this Agreement. The non-prevailing party will be required to pay all costs of 'titillation including.but not limited to,all fees for the arbitrator and all reasonable attorney fees for the prevailing parry. Section 2.Pec1vatlon Saoereedes Prior Covenants Radadnetta_Storarwater Retention bid.It is understood and agreed that the terms,covenants and conditions of this Declaration supersede any prior written ororal agreements concerning the cleaning,maintenance and repair of the Retention Pond located in the Common Area and provided upon the reconvcyance of the Drainage Pond 02 tothe Weatl'all Research ParkAssociation,inc.,the the Drainage Pond M2 rights and obligations shall be governed solely by the Declaration of Covenants, Conditions and Restrictions for Westikil Research Park and shall be excluded from this Agreement. Section 3.Severablltev.Invalidation of any one of these covenants or conditions by judgments or court order shall in no wise affect say otborpmvisions which shall remain In full force and effect. Section4.Ameadmen1.The covenants and candid one ofthis Declaration shell run with and bind the Isnd,for a tern of twenty(20)years from the date this Declaration is recorded,after which time they shall beaunmaticallyextended for successive periods of ten(10)years.This Declaration maybe amended by an instrument in writing signed by not leas than two-thirds percent(66.666%) of the Members.Any amendment shall be recorded in the New Hanover County Registry in order to be effective. SEE SIGNATURE PAGES ATTACKED 6 b �r. WNC1, LLC By: Broad Ripg ommons, LLC,Sole Member By:John B n eal ate, 13p, Member / B � �.. n W.Bender, Managing Member By itchellco , ember By: T .Mitchell,Sole Member WNC3, LLC By: Broad Ripple Towne Homes,LLC,Sole Member By:Joh ender al tate,, LLC, Member ohn W. Bender, Managing Member B .Mitchellco 4 , Member By: are _I.-..-- Tim J Mitchell,Sole Member WNC4, LLC By: Pinnacle Group, LLC Sole Member By:John . end ntate,AC,Member • ohn W. Bender,Managing Member By:Mitchellco 3' ,41 mbar By: itche , o e Member WNC2,LLC By: Ashes Drive,Sole Member Jon andez, Manage L STATE OF J 11(�t1 U.Y1Qt COUNTY OF Kt an me- I, •t°1\s.j A. jSL.. ,a Notary Public in and for said County and State, do hereby certify that John W. Bender is the managing member of John W. Bender Real Estate,LLC,Member of Bmad Ripple Commons,LW,the sole member of WNC 1,LLC,an Indiana limited liability company,described herein and which executed the foregoing instrument;that they executed said instrument in the limited liability company name by subscribing his name thereto; and that the instalment is the act and deed of said limited liability company. L WITNESS,my hand and seal,this the Iq day of November,2007. KELLYA.NE otary Public (OFFICIAL SEAL) Print Name: My commission expires: Impress seal above-Do not seal outside the typewritten margins IN TESTIMONY WHEREOF,the parties have caused this instrument to be executed by their duly autho ' .. representative,this the day and year first above written. P :4, CO PR P '.TIE , LLC,a North Carolina limited liability company BY: 1_t'l►�ir� r 1 (SEAL) o!("7'7 'y")' 'Tinager P .t s a:PARK :SSOCIATION,a North Carolina non-profit corporation BY° 1:.:i Nit (SEAL) 'T ion ,'° Wit;, t STA v OF ORTH CAROLINA CO • NEW HS10VEE I, Lora g- wan , a Notary Public in and for said County and State,do hereby certify that Jon T.Vincent, personally came before me this day and acknowledged that they are managerofPHARMCO PROPERTIES ll,LLC,the limited liability company described herein and which executed the foregoing instrument;that they executed said instrument in the limited liability company name by subscribing their names thereto;and that the instrument is the act and deed of said limited liability company. WITNESS my hand and not ' ea I,th's the 13thday of November,2007. o Public --►e• R. � ry s My Commission Expires: 5-18-08 (Z NOTARY: �O i %"UBLIG ! STATE OF NORTH CAROLINA At ••.. ..elf COUNTY OF >TSO KA1s0Y>m S4,,,YER G' —re isowill I, LUl R. WARD , a Notary Public in and for said County and State,do hereby certify that Jon T.Vincent, personally came before me this day and acknowledged that they are manager of PHARMA OFFICE PARK ASSOCIATION,the non-profit corporation described herein and which executed the foregoing instrument; that they executed said instrument in the limited liability company name by subscribing their names thereto;and that the instrument is the act and deed of said limited liability company. fir• WITNESS my hand and no is t e °th day of November,2007. o JR 't` C 0.1«W;;.§ My Commission Expires: �18--08ic . "' OTMi' «.tee t'e %14%*aims se pUBL'IC 1 4rwas 9 STATE OF WOL_Ti! MOW AM COUNTY OF IV Eli) tinaliV67e I, FZDAF-AJee M. ,Spy{,&j ,a Notary Public in and for said County and State, do hereby certify that Tim J. Mitchell is sole member of Mitchellco 3, LLC, Member of Broad Ripple Commons,LLC,the sole member of WNC 1,LLC,an Indiana limited liability company,described herein and which executed the foregoing instrument;that they executed said insbwnent in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS,my hand and seal,this the At day of November,2007. lfUUl1 Notary p%blic (OFFICIAL SEAL) Print Name: FWi.ekteE M, SPEU elI ,1�ttti��riy My commission expires: //-76-I/ - otlb _i NOTARY =_ PUBLIC •VERt GOV,V�\\�\,` Impress seal above-Do not seal outside the typewritten margins STATE OF in a I On OI COUNTY OF VIOnrOtI I, Y.e41.11 Q 5e_. ,a Notary Public in and for said County and State, do hdeby certify that John W. Bender is the managing member of John W. Bender Real Estate, LLC, member of Broad Ripple Towne Homes, LLC, the sole member of WNC 3,LLC,an Indiana limited liability company,described herein and which executed the foregoing instrument;that they executed said instrument in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS,myhand and seal,this the 1} �� day of November,2007. Myam • �.� " C 110 i;a.0 Mary Public (OFFICIAL SEAL) Print Name: My commission expires: Impress seal above-Do not seal outside the typewritten margins it STATE OF /t10i2J}/ �if72Qu/J19 COUNTY OF A/E7J /MNOVQI' 1, Ful¢Ei1 E M. sPezzosasexi a Notary Public in and for said County and State, do hereby certify that Tim J. Mitchell is sole member of Mitchellco 3, LLC, Member of Broad Ripple Towne Homes, LLC, the sole member of WNC 3,LLC,an Indiana limited liability company, described herein and which executed the foregoing Wit; that they executed said instrument in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS,my hand and seal,this the /7 day of November,2007, edA"ttaty11114:444 (OFFICIAL SEAL) Print Name: Furri/cc M. 5a'ELZN14USt N • G t 5Pe4t;// My commission expires: //Z(o^1 O GN �a NOTARY PUBLIC Impress seal above-Do not seal outside the typewritten margins �Ir,. k STATE OF n6:1ar\a. COUNTY OF Ron Ye., 1, }.{'Ltv 4 W i 5td ,a Notary Public in and for said County and State, do hey certify that John W. Bender is the managing member of John W. Bender Real Estate,LLC,member of Pinnacle Group,LLC,the sole member of WNC 4, LLC, an Indiana limited liability company, described herein and which executed the foregoing instrument;that they executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS,my hand and seal,this the 114 day of November,2007. kir E„„ IEILYA.WISE -« �( UJr4p ` , Nry Public (OFFICIAL SEAL) Print Name: My commission expires: kar Impress seal above-Do not seal outside the typewritten margins liar L STATE OF_ /1JOR j 11 0.02O46U6 COUNTY OF Ale'v /fH/a z.. I, FGOKe7ltl:E M- SAMMLISFeJ ,a Notary Public in and for said County and State, do hereby certify that Tim J. Mitchell is sole member of Mitchellco 3, LLC, Member of Pinnacle Group,LLC,the sole member of WNC 4,LLC,an Indiana limited liability company, described herein and which executed the foregoing instrument;that they executed said immanent in the limited liability company name by subscribing their names thereto;and that the instrument is the act and deed of said limited liability company. WITNESS,my hand and seal,this the /� day of November,2007. *WW2 N 3(Publi�7 (OFFICIAL SEAL) Print Name: FLOge,tI e}l- ,5Pez-ZHM ce,cl Os A sra,1,1�/ Myaommissionexpires: //-Z/#-i/ 44i E r'fy NOTARY aE PUBLIC / VER'10 CO 'ANN Impress seal above-Do not seal outside the typewritten margins STATE OF A/peTN fAR.o m,y9 COUNTY OF iEk1 HIfiksle2 I,Fl.Dte-kice 1)1. SPrEuhms£n/ ,a Notary Public in and for said County and State,do hereby certify that John Fernandez is the manager of Ashes Dr,LLC,the sole member of WNC 2,LLC,an Indiana limited liability company,described herein and which executed the foregoing instrument; that they executed said instrument in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS,my hand and seal,this the Al day of November,2007. kap NotaryAbl (OFFICIAL SEAL) Print Name: FLOREA/de M.SPEZ21-1044SE4J My commission ery'GN i NOTARY zj F PUBLIC z Impress seal above-Do not seal outside the typewritten margins L ( -.0 \N -_,... 1 , 0 • . IT9H►I SHED 41, REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER Ilaw 216 NORTH SECOND STREET WILMINGTON, NC 28401 Flied For Registration: 11i10/2007 11:21:30 AM Book: RE 5251 Page: 2420-2444 Document No.: 2007035150 DECL 16 PGS 656.00 Recorder CRESWELL,ANDREA State of North Carolina,County of New Hanover iler YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007055150 * 2007055150 .. J ' I r7 IIII IIIII01E101111IID 111200602372 . V F FOR REGISTRATION REGISTER OF REBECCA P SMITH NEW HANOVER COUNTY NC 2006 APR 28 10:10.02 AM BK 5013 P6:1493-1505 FEE:$47.00 IMSTRdET R 2C06023732 STATE OF NORTH CAROLINA PREPARED 8Y b ti£TURN TO ALLEN,MACOONALD 8 DAVIS,PIJ.0 .1 1508 MILK DOFF�� COUNTY OF NEW HANOVER WILMINGTON.NC THIRD AMENDMENT DECLA N-OP eOKENAIVTS AND RESTRICTIONS OF (HARMA OFFICE PARK,A CONDOMINIUM .. Pharmco Properties,II,'I LC;a North�olinaTimited liability company,has previously filed a Declaration of Covenants and Restrictions of Pharma Office Park, a condominium,which is recorded in Book 3827 at Page 1(hereinafter referred to as the"Declaration")and First Amendment to the Declaration of Covenants recorded in Book 4769 at Page 985 of the Office of the Register of L Deeds for New Hanover County,Wilmington,North Carolina,and a second amendment recorded in book 4940 at Page 1597 of the New Hanover County Registry;and Whereas,it was subsequently determined that the original plats and plans for Building 3 recorded in Condominium Plat Book 13 at Pages 128 through 130 of the New Hanover Registry improperly located certain dividing walls between several units;and Whereas Article 12 of the Declaration permits the relocation of boundaries between adjacent units and Article 13 of the Declaration permits amendments to the Declaration by two-thirds (2/3rds)of the Unit Owners;and WHEREAS,the current owners of the units in Pharma Office Park as shown on the records of the New Hanover County Register of Deeds Office as follows: Pharmco Properties,LLC;,hold title to units 102,104, 204,and 206,within the Condominium,Steven E.Niemeyer and wife,Penny S.Niemeyer,hold title to Unit 100 of the Condominium, Stockbridge Properties, LLC,a North Carolina limited liability,holds title to Unit 106 of the Condominium,John Joseph Nartowicz and wife,Janice Beverly Nartowicz own Unit 200 of the Condominium,and Raymond Mack Braxton and wife,Kay B.Braxton,hold title to Unit 202 within the Condominium;and WHEREAS,Stockbridge Properties,LLC,and Raymond Mack Braxton and Kay Braxton were conveyed deeds for improperly designated units or were conveyed units whose"as built"size differed from the dimensions of the units conveyed to them as shown on the existing Condominium LPlat;and WHEREAS, the parties desire to amend the Condominium Plat to properly convey the appropriate units to Stockbridge Properties,LLC,and to the Braxtons and to properly reflect the unit sizes in their"as built"dimensions;and WHEREAS,the Declarant and the appropriate number ofUnit Owners as required by Article 12 and Article 13 of the Declaration do hereby amend the Declaration as follows: 1. ARTICLE I, Section 1.2(d)shall be deleted in its entirety and replaced with the following definition: Section 1.2 it (d) "Building"shall mean and refer to one(1)two story building as shown on the attached revised plans for Section One of Pharma Office Park, a Condominium. The building contains . , 17,279 square feet with eight(8)units as shown on the plans. Additional buildings or structures may be added as permitted under Article 6,Development Rights. No changes have been made to the building designated as Building 4 Phase 2 of Pharma Office Park. kair 2. Section 1.2(w)of the Declaration shall be deleted in its entirety and in its place and stead the following shall be added: Section 1.2 (w) "Plats and Plans"means the Plats and Plans recorded simultaneously with this �� Amendment to the Declaration of the Covenants and Restrictions of Phamma Office Park, A Condominium,which Plats and Plans are recorded in Condominium Book /S at Pages, ,/ through IL if and said Plans are hereby incorporated by reference and constitute a part hereof,as the same may be amended from time to time. 3. Exhibit`B"of the Declaration is hereby declared to be null and void and Exhibit`B" (Revised)which is attached hereto is therefore revising the percentage share of the common elements and the percentage share of the common expenses appurtenant to all units to the percentages set forth therein. 4. The Revised Condominium Plat for Phanna Office Park prepared by W.K.Dickson Surveyors for Pharmco Properties II,LLC,and recorded in Condominium Book /5' _at Pages_ e 34; through,4I'1 is incorporated as the Plat and Plans of the Condominium,the limited and 1hr common elements depicted on these Plats and Plans are hereby assigned as appurtenant to the units indicated. Those limited common elements as described in Article 3 of the Declaration and depicted on the Plats and Plans are hereby assigned to their appurtenant units as applicable. The prior plats and plans recorded in Condominium Book 13 at Page 128 through 130 are hereby deleted from the declaration. IN WITNESS WHEREOF,the Pharmco Properties I,LLC,and the a. •priate Unit Owners by and through the provisions under Article 12 and 1 e of the Decl: :l'on have caused this Amendment to be executed this the,,' .day of February,2006. DEc 'RA ' Pha , .. ." - es,II LLC B tin It I e'l .,incen'Manager 4 , 7 __ 'j . t Owner Niemeyer,Unit +owner L. t.:-. 2 • �.► STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, �U.bo/. S-Sket ,a Notary Public in and for said County and State,do hereby certify that Jon T. Vincent, personally came before me this day and acknowledged that he is Manager of Pharmco Properties,11,LLC, the limited liability company described in and which executed the foregoing instrument;that he executed said instrument in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal, is the420 day of February,2006. Notary Public My Commission Expires: 5 1 '%2o1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, .I ik 1 Sr.//.9/,a Notary Public in and for said County and State,do hereby r certify that Steven E.Niemeyer and wife,Penne S.Niemeyer,each,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this the day of February,2006. Notary Public My Commission Expires: L 3 Stockbridge Properties,LLC _ � gy . /4.io�7'1 Manager / STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER. I, T-s is S. 44.- ,a Notary Public in and for said County and State,do hereby certify that 5'newac+ L.VY11..14ard personally came before me this day and acknowledged that he is Manager of Stockbridge Properties,LLC, the limited liability company described in and which executed the foregoing instrument;that he executed said instrument in the limited liability company name by subscribing his name thereto;and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal,this theR4 day of February,2006. Notary Public My Commission Expires: OFFICIAL SEAL 11-lb-081 ': IRIS S.BOONE mCO ANY pUBLIGNO n CAROLINA UNTY OF NEW ANOVER th Commission Expires Wafter 16,20r L 4 • Ithw r, 4. 7� ..."rye Ra nd M Br ton )7 4 l _ .Braxton STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I,i.4�h(, �-nk.1 4 a Notary Public in and for said County and State,do hereby certify that Rayni nd Mack Braxton and wife,Kay B.Braxton,each,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this the V I day of February,2006. My commission expires: j I_q-poi \0� . W7 9,1,",, it 6 4111ti, 4i Aff ok Jo .' arto�'c •- Bever y N: t icz STATE OF NORTH CAROLINA COUNTY OF Fh4NOVER.B0.515 )'4 I,,52/11v)I,.S�/g rf' ,a Notary Public in and for said County and State,do hereby certify that John Joseph Nartowicz and Janice Beverly Nartowicz,each,personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this theptday of February,2006. My commission expires: =N .0 L L 4t..., I STATE OF NORTH CAROLINA JOINDER AGREEMENT COUNTY OF NEW HANOVER SOUTHLAND ASSOCIATES,INC.,Trustee,and SUNTRUST BANK f%k/a CENTRAL CAROLINA BANK,a banking corporation,join in the execution of this Second Amendment of Declaration of Covenants and Restrictions of PHARMA OFFICE PARK,a Condominium, for the sole purpose of subjecting the property described and any and all interest the undersigned may have in said property by virtue of that Deed of Trust recorded in Book 3469 at Page 425,of the New Hanover County Registry. IN WITNESS WHEREOF,SOUTHLAND ASSOCIATES,INC.,Trustee,and SUNTRUST BANK f/k/a CENTRAL CAROLINA BANK,have caused this instrument to be executed,this the afig day of February,2006. Southland Associates,Inc.,Trustee (SEAL) Vice resid SUNTRUST BANK f/k/a CENTRAL C LIN BAN By, v resident PREPARED BY&RETURN TO ALLEN,MACDONALD&DAVIS,PLLC 1508 MILITARY CUTOFF ROAD SUTE 102 WILMINGTON,NC 28 03 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I,a Notary Public of the County and State aforesaid certify that .C.-D personally came before me this day and acknowledged that he/she is Vice President of/Southland Associates,Inc.,Trustee for Central Carolina Bank,and that by authority duly given and as the act of the corporation,the foregoing instrument was executed for and on behalf of the corporation. WITNESS my hand and official stamp or seal,this the 2 day of February,2006. \\ „ , Votary Public My Commission Expires: )a-p/ .07 f NOTARY •'. d STATE OF NORTH CAROLINA pUt3UO � COUNTY OF NEW HANOVER //i�^/i'OVER GO`" ``� I .3nnmf e 13. of-Eon ,Notary Public,certify that -krrier� ote_ Personally came before me this day and acknowledged that he/she is Cos of SUNTRUST BANK f/k/a CENTRAL CAROLINA BANK, a banking corporation, and that he/she as 151. Vi(.c Wres;c e v+ ,being authorized to do so,executed the foregoing on behalf of the corporation. Witness my hand and official seal,this the Zg day of February,2006. w 7,444.43 6. &L - Notary Public My Commission Expires: L , • STATE OF NORTH CAROLINA JOINDER AGREEMENT COUNTY OF NEW HANOVER ROBERT L. NORRIS, JR., Trustee, and FIRST CITIZENS BANK ANDTRUST COMPANY,a banking corporation,join in the execution of this Second Amendment ofDeclaration of Covenants and Restrictions ofPHARMA OFFICE PARK,a Condominium, for the sole purpose of subjecting the property described and any and all interest the undersigned may have in said property by virtue of that Deed of Trust recorded in Book 4470 at Page 283,of the New Hanover County Registry. IN WITNESS WHEREOF, ROBERT L. NORRIS, JR.,Trustee, and FIRST CITIZENS BANK AND TRUST COMPANY,have caused this instrument to be executed,this the Oil day of Fe ry,2006. 441 (SEAL) R BERT L.NORRIS,JR. PREPARED 8Y&RETURN TO ALLEN,MACDONAa.D&DAMS,PLIZ 1908MILITARY CUTOFF ROAD FIRST CITIZENS BANK AND TRUST COMPANY SI rtE 102 4WLIAINGTON NC 28/03 By: $110totC 411 e" Vra,, President • STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER thp. I, Musa 5 towv, , a Notary Public in and for the State and County aforesaid,do hereby certify that ROBERT L.NORRIS,JR.,Trustee,personally appeared before me this date,and acknowledged the due execution of the foregoing instrument. WITNESS my hand and Notarial Seal,this the Gfin day of Fe er�y,2006. r Notary Public My Commission Expires:�J j itU �•�, ns S. 40#' 4.11 STATE OF NORTH CAROLINA 3* -"a" + COUNTY OF NEW HANOVER `..?',5, ��,.`*� ' I @A f1 Notary Public,certify that r)-%, ��•est S�('Ot,,,�n Personally came bef a this day and acknowledged that he/she is U1ce. ''resat of FIRST-CITIZENS BANK AND TRUST COMPANY, a banking corporation,and that he/she as V tt.e.r -ces td42-" ,being authorized to do so,executed the foregoing on behalf of the corporation. Witness my hand and official seal,this the (s) day of IciAawry,2006. klii„ Nota blic My Commission Expires: I !alp ,c ', IIIN.„,„4. ,�_ Nsii L. L STATE OF NORTH CAROLINA JOINDER AGREEMENT COUNTY OF NEW HANOVER JOHN CAMERON COBURN, Trustee, and BANK OF WILMINGTON, a banking corporation,join in the execution of this Second Amendment of Declaration of Covenants and Restrictions of PHARMA OFFICE PARK,a Condominium, for the sole purpose of subjecting the property described and any and all interest the undersigned may have in said property by virtue of that Deed of Trust recorded in Book 4623 at Page 597,of the New Hanover County Registry. IN WITNESS WHEREOF, JOHN CAMERON COBURN, Trustee, and BANK OF WILMINGTON,have caused this instrument to be executed,this the *day of 4tafy,2006. (SEAL) J HN CAMER N COBURN BANK OF WILMINGTONrr�� By: N `C��/c ;A�� G/ err sident PREPARED BY&RETURN TO ALLEN,MACDONALD&DAVIS,PLLC 1508 MILITARY CUTOFF ROAD SUTE 102 WILMINGTON,NC 28403 • • i• STATE OF NORTH CA, ROLINA COUNTY OF TNT:' 14r.avc7 1, A\t C-L l 1.&. . L7-' .-,a Notary Public in and for the State and County aforesaid,do hereby certify that .C;1 rt 1,01u-lz�,4,esi- personally came before me this day and acknowledged that(s)he is I' v.I)., of Bank of Wilmington,and that by authority duly given and as the act of the corporation,the foregoing instrument was executed by him/her as its i'=' d.P. . Witness my hand and notarialoal,t4is the .2'+ day of Ciff I I , 2006. 4' 14O T /4.1,LL'l'\4 L{k. LL -AJ id iv.4-6^-A --- r. ,a �. p4 Notary Public My commission expires: .1 U'311G _ di; - I( :)o k� ,,,,it : �y VER G,vi STATE OF NORTH CAI.OLINA COUNTY OF Nc...; I.t4 w..Cv'E..� 4110, I, .AA I C44.U.A— ` 'C A k1\a2 /( ,,.,- ,a Notary Public in and for the State and County aforesaid,do hereby certify that John Cameron Coburn,Trustee,personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal,this the= 4 day of (`)et1 ,2006. '..----'1')\t.e 1t-C.�l.LT/d f'-t• 4,`- `-- Notary Public My commission expires: 0' - it)-.)c01 r • I.'' yr 4' k t t iiir Revised EXHIBIT"B" RUILOINO UNIT# SQUARE FOOTAGE %OF ALLOCATED OF UNIT INTEREST III 100 2,256 5.7625 III 102 97I 2.4803 III 104 1,693 4.3246 III 106 1,913 4.8864 111 200 976 2.4931 4(' 111 201 1,132 2.8916 HI 202 1,063 2.7153 III 206 _4,206 10.7435 14,210 36.2973 V A 6,192 15.8164 IV E 8,143 20.8000 iv m fit IV N 1,496 3.39I8 4.9528 kw IV 0 1,939 4.9528 IV S 5,840 14.9173 TOTALS: 24,939 100.0000% k kir