Gable Run Declaration With Amendments

Prepared by and Return to: Fuss Law Finn, PC I 904 Eastwood Road, Suite 31 5 Wilmington, NC 28403 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Book 5985 Page 807 BK: RB 5985 PG: 807 -827 RECORDED : 07/13/2016 10:13:29AM BY: CAROl HUGHLEY DEPUTY 2016021717 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS NC FEE S5000 EXTXS0.00 ELECTRONICALLY RECORDED MASTER DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS FOR GABLE RUN SUBDIVIS ION laration") is made this the 2fO.f-" day of June, 2016 by HOKE DEVELOPERS, LLC, a North Carolina limited liability company ("Declarant"); WIT NE S S ETH: WHEREAS, Declarant is the owner of a certain tract of land situated in Wilmington, New Hanover County, North Carolina, being more particularly described on Exhibit "A" being hereinafter referred to as the "Development Area;" WHEREAS, Declarant intends to construct, or have constructed, on the Development Area, a residential subdivision, complete with certain improvements, infrastructure and single family dwellings, hereinafter referred to as the "Project,"; and WHEREAS, Declarant desires to provide for the preservation and enlrnncement of the property values and to provide for the maintenance of certain improvements located thereon, and to this end desires to subject the Project property to the covenants, restrictions, easements, charges and liens as are hereinafter set forth, each and all of which are for the benefit of said real property and each present and future owner thereof; and WHEREAS, Declarant desires to provide and allow for the possible annexation of addi­ tional "sections" or "phases" to the Project as said "sections" or "phases" may be developed and

owner thereof; and WHEREAS, Declarant desires to provide and allow for the possible annexation of addi­ tional "sections" or "phases" to the Project as said "sections" or "phases" may be developed and completed, and to provide for equality of rights, privileges and obligations of all lot owners in all "sections" or "phases" of the Project by adding and annexing such "sections" or "phases" to the Project by recordation of "Supplemental Declarations" to this Declaration.

-'.),56-2252 submit:t:ed elect:ronically by "Fuss Law Fi rm, PC" in compliance with North Carolina st:atutes governing recordable document:~ and the terms of the submitter agreement with t:he New Hanover county Register of Deeds.

ARTICLE I PROJECT PROPERTY NOW, THEREFORE, it is hereby declared that the Project prope1ty described herein is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth; said Project property being more particularly described as follows: BEING that certain tract ofland, being Lots 1-45, as shown and described on that certain Subdivision Plat entitled, "GABLE RUN SUBDIVISION, Phase I, dated March 23, 2016," and recorded in Map Book 61, Page 343 in the Office of the Register of Deeds of New Hanover County, No1th Carolina.

Together with the remainder of the real property conveyed to Declarant and de­ scribed in a certain General Warranty Deed recorded in Book 5939 Page 111, in the Office of the Register of Deeds New Hanover County, not depicted in the said plat and which is immediately contiguous to the Lots described above.

and hereinafter referred to as the "Property" or "GABLE RUN SUBDIVISION," or "Subdivision."

ARTICLE II DEFINITIONS

ted in the said plat and which is immediately contiguous to the Lots described above.

and hereinafter referred to as the "Property" or "GABLE RUN SUBDIVISION," or "Subdivision."

ARTICLE II DEFINITIONS (A) Association shall mean and refer to "THE GABLE RUN HOA, INC.," a North Carolina non-profit corporation, its successors and/or assigns.

(B) Board shall mean and refer to the Board of Directors of the Association.

(C) Common Expenses shall mean and refer to: a. the actual and estimated expenses of operating the Association, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the Articles of Incorporation of the Association and its By-Laws; b. all amounts expended by the Association in accordance with Article XVII in holding and being responsible for the obligations of the Stormwater Management Permit SWS141207 overseeing, supervising, administering, managing, repairing, replacing and insuring all Stormwater Management Facilities located within the Prope1ty as required by this Declaration and all amounts expended in enforcing the provisions of the Permit; c. all amounts expended or reserved by the Association for the maintenance, repair and replacement of any Common Areas, signs, fences, sidewalks, or other improvements, includ­ ing the landscaping thereof, within the Subdivision, and any expenditures required to maintain compliance with the North Carolina Erosion and Sedimentation Control Permit for the Property.

(D) Declaration shall mean the covenants, conditions, restrictions and easements and all other provisions set forth in this entire document , as may from time to time be modified or amended.

(E) Declarant shall mean and refer to HOKE DEVELOPERS, LLC, a North Carolina limited

ments and all other provisions set forth in this entire document , as may from time to time be modified or amended.

(E) Declarant shall mean and refer to HOKE DEVELOPERS, LLC, a North Carolina limited liability company, or any successor in title or any successor in interest of HOKE DEVELOPERS LLC, or all of the Property then owned by HOKE DEVELOPERS , LLC, or if it is provided in writing by the Declarant that the successor in title or successor in interest is to assume the rights and obligations of Declarant, then to any successor in title or successor in interest to any portion of the Property then subject to this Declaration.

(F) Fence Easement shall mean any area of the Property designated as "Fence Easement " on any recorded subdivision map of any portion of the Properties.

(G) Lot shall mean any separately described parcel of land, other than streets, roadways or areas designated as easements, shown on any recorded subdivision map of the Property.

(H) Permit shall mean the State of North Carolina St01mwater Management Permit Number SW8-141207 issued by the Division of Water Quality under NCAC 2H.1000, and any subsequent modification thereto or other stormwater management permit hereafter issued for any property annexed to the Subdivision by the Declarant.

(I) Property or Properties shall mean and refer to any real property which is, or may be, subject to this Declaration, or any Supplemental Declaration.

(J) Sign Easement shall mean any area of the Property designated as "Sign Easement " on any recorded subdivision map of any portion of the Properties .

(K) Supplemental Declaration shall mean and refer to any declaration of covenants , restric­ tions, easements , charges and liens recorded by the Declarant, or its successors and assigns,

Properties .

(K) Supplemental Declaration shall mean and refer to any declaration of covenants , restric­ tions, easements , charges and liens recorded by the Declarant, or its successors and assigns, which applies to a specific Parcel within the Development Area.

ARTICLE Ill PURPOSES No Lot or Lots shall be put to any use other than for residential purposes, except that any Lot, including, but not limited to a Reserved By Owner Lot, which is owned by Declarant may be used by the Declarant for a private street or roadway or improvements that are part of a water supply system, storm water management or sewer system.

ARTICLE IV LAND USE AND BUILDING TYPE No building shall be used except for residential purposes or to house equipment for the systems noted above. No structure shall be erected, placed, altered, or permitted to remain on any such lot, other than single family dwellings not to exceed three stories in height, a plivate garage which may contain living quarters for occupancy by the lot occupant only, and such other outbuildings as may be reasonably appurtenant to the dwelling, provided that the same are con­ structed with the general architectural design and construction standards used for the dwelling itself. This covenant shall not be construed as prohibiting the use of a new single family dwelling as a model home for sales purposes.

ARTICLEV DWELLING QUALITY AND SIZE The minimum heated square footage of each dwelling shall be not less than 1 ,500 square feet. All exterior colors of the structure (i.e. exterior walls, window frames, soffit and shingles) and mailbox designs must be approved by the Declarant or its assign prior to construction.

ARTICLE VI BUILDING LOCATION Gable Run is deemed to be a Performance Residential Development under the New

s) and mailbox designs must be approved by the Declarant or its assign prior to construction.

ARTICLE VI BUILDING LOCATION Gable Run is deemed to be a Performance Residential Development under the New Hanover County Zoning Ordinance. Accordingly, the following rules apply and govern regard­ ing the locations of dwellings and structures on the lots: (1) Buildings on the periphery of a Performance Residential Development shall setback no less than Twenty (20) feet from the adjoining property line.

(2) In no case shall any part of a detached single-family dwelling unit be located closer than ten (10) feet to any part of any other detached single-family dwelling and in no case shall any part of a multiple dwelling unit be located closer than twenty (20) feet to any part of another dwelling unit.

ARTICLE vn NUISANCES No obnoxious, loud or offensive activity shall be carried on upon any lot nor shall any­ thing be done thereon which may be or may become an annoyance or nuisance to the neighbor­ hood. No continuous dog barking shall be tolerated.

ARTICLE VIII EASEMENTS Easements for installation and maintenance of utilities, including, but not limited to wa­ ter, gas, power, cable TV, phone, septic system facilities, and drainage facilities are reserved as shown on the recorded plat and over the rear ten feet of each lot. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those

retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which the Association, a public authority, or utility company is responsible.

The Declarant reserves for itself, its successors and assigns, an easement and right at any time in the future to grant a right of way under, over and along the side, rear and front property lines of each and eve1y lot in the subdivision described herein, for the installation and mainte­ nance of poles, lines, conduits, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, drainage or other utilities, including water and sanitary sewer or storm water sewer services.

ARTICLE IX ANIMALS, LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, ex­ cept that dogs, cats or other customary household pets may be kept provided that they are not a noise or smell nuisance to adjoining neighbors. Owners shall be obligated to construct fences in compliance with the fence requirements set forth in Article X, infra, or invisible fencing, to in­ sure pets remain confined on the owner's lot. Pets shall not be restrained on lots by any chains, ropes or other leash type device anchored or fastened to a temporarily or permanently immov­ able object or structure. Any and all pets shall not be allowed off the owner's lot, unless same are leashed, under the direct physical control of the owner at all times, and are not creating a nui­ sance to the other owners within the subdivision. Any structure built to house or protect allowed

are leashed, under the direct physical control of the owner at all times, and are not creating a nui­ sance to the other owners within the subdivision. Any structure built to house or protect allowed animals shall be connected to the principal structure and be no larger than 3' X 3', a minimum of 15 feet from side and rear property lines, and not be in front of the principal structure.

ARTICLEX BUILDING PLANS AND SPECIFICATIONS No dwelling or other building shall be erected upon any lot unless the plans and specifi­ cation thereof meet or exceed the requirements of "minimum property standards for one and two living units," (FHA, No.300), Federal Housing Administration.

ARTICLE XI ERECTION OF FENCES Fences, not to exceed six (6) feet in height, constructed of wood or vinyl materials may be constructed. No chain link fences shall be permitted. No fence shall be erected between the front of the primary dwelling and the street right of way, except as may be approved by Declarant. Fencing traversing a Lot shall be parallel to the front lot line and shall connect to the rear corner, or corners, 9f the home. Provided however, that with respect to corner lots, no fenc­ ing shall be erected or maintained without the prior written approval of the Declarant, its succes­ sor or assign. All fences, if any, must be maintained and kept in good appearance and repair at all times.

ARTICLE XII GARBAGE AND REFUSE DISPOSAL No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers which shall be kept in a clean and san­ itary condition.

ARTICLE XIJI SIGHT DISTANCE AT INTERSECTION No fences, wall, hedge or shrub planting which obstructs sight lines at elevations be­

y containers which shall be kept in a clean and san­ itary condition.

ARTICLE XIJI SIGHT DISTANCE AT INTERSECTION No fences, wall, hedge or shrub planting which obstructs sight lines at elevations be­ tween 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property comer, from the intersection of the street property lines extended. The same sight line limitations shall apply upon any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

ARTICLE XIV TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garage, storage barn, or other outbuilding is allowed temporarily or pe1manently except that a builder may make use of a construction trailer during the original construction process. No trailer, mobile home, or camper shall be stored or parked on any lot at any time for any purpose, nor shall any recre­ ational vehicle be allowed to remain on any lot at any time for any pmposes, unless it is parked in a privacy fenced area behind the main dwelling structure or placed inside the carport or ga­ rage. Notwithstanding the foregoing , above ground pools or spas and, storage buildings and or workstations which aesthetically compliment the dwelling in design and colors, may be allowed with the written permission of Declarant and /or the Association after Declarant control has

ldings and or workstations which aesthetically compliment the dwelling in design and colors, may be allowed with the written permission of Declarant and /or the Association after Declarant control has ceased, provided any and all necessary /required governmental permits and approvals are also obtained by the lot owner.

ARTICLE XV DRAINAGE If applicable all driveways shall have drainage tile in the street ditches installed and sized in accordance with the North Carolina Department of Transportation recommendations, if re­ quired by the NCDOT or Declarant.

ARTICLE XVI MISCELLANEOUS RESTRICTIONS (A) No boat or boat trailer or camper, RV shall be parked in the area between the front of the dwelling situated on any lot and the street right of way, unless it is parked in the paved driveway for such dwelling.

(B) No trampoline(s) or other large recreational equipment or devices shall be permitted in the area between the front of the dwelling situated on any lot and the street right of way.

(C) No portable basketball goals shall be permitted within the right of way adjacent to such lot.

(D) Each Lot Owner shall be responsible for maintaining their entire lot and keeping vege­ tation in an esthetic landscaped appearance in such a manner so as to not create an unsightly or detrimental overall appearance of the neighborhood. Wet lands and bottom land, if any, is to be left in a natural state but cleaning, limbing and removal of dead trees and small bush/trees shall be allowed provided they are within NCDENR regulations of those areas.

ARTICLE XVII STORMWATER MANAGEMENT (A) The following covenants and restrictions set forth in this Article XVI are intended to in­ sure continued compliance with State Stormwater Management Permit Number SW8-l 4 l 207

RMWATER MANAGEMENT (A) The following covenants and restrictions set forth in this Article XVI are intended to in­ sure continued compliance with State Stormwater Management Permit Number SW8-l 4 l 207 issued by the Division of Water Quality under NCAC 2H. l 000.

(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) The covenants set forth in this Article XVII pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Wa­ ter Quality.

(D) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality.

(E) The maximum allowable built-upon area ("BUA") per lot is 4000 square feet. This allot­ ted an1ount 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, co­ quina and parking areas, but does not include raised, open wood decking or the water surface of swimming pools.

(F) In case of a Lot within CAMA' s regulated Area of Environmental Concern, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that Lot than as shown herein, the governing maximum built-upon area for that Lot shall be the most restrictive of the two amounts.

(G) Filling in or piping of any vegetative conveyances (such as ditches, swales, etc.) associ­ ated with the development, except for the minimum amount necessary under driveways to pro-

e two amounts.

(G) Filling in or piping of any vegetative conveyances (such as ditches, swales, etc.) associ­ ated with the development, except for the minimum amount necessary under driveways to provide access to lots and the minimum amount necessary to direct runoff beneath an impervious surface such as a road, is strictly prohibited by any person.

(H) Each Lot will maintain a fifty (50) foot wide vegetated buffer adjacent to impounded structures , rivers and streams and tidal waters.

(I) All roof drains shall terminate at last fifty (50) feet from the normal pool of impounded structures, the bank of each side of rivers and streams, and the mean high water line of tidal wa­ ters.

(J) Built upon area in excess of the permitted amount requires a state stormwater permit modification prior to construction.

(K) These covenants are to run with the land and be binding on all persons and parties claiming under them.

(L) Placement of dredged or fill material, or development within the waters of the United States and/or wetlands without a Department of the A1my permit may constitute a violation of Section 301 of the Clean Water Act. This activity also requires notification to the Division of Water Quality, Stormwater and Wetlands Sections.

(M) All permitted runoff from future development of the Property shall be directed into the permitted sto1mwater control system. These connections to the stom1water control system shall be performed in a manner that maintains the integrity and performance of the stormwater control system as permitted.

(N) Declarant , the Association, the State of North Carolina and their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect for the compliance of such

rmitted.

(N) Declarant , the Association, the State of North Carolina and their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect for the compliance of such Lot with the Permit and to maintain, repair, replace and construct ditches and devices necessary to insure that such Lot is in compliance with the Permit.

ARTICLEXVill RESERVATION OF EASEMENTS AND RIGHTS BY DECLARANT Declarant hereby reserves for itself, its successors and assigns, for any purposes it deems useful to its development of the Property, the development of other property now owned, or which may be owned in the future by Declarant, or the development of other property to which Declarant may grant the benefit of such easements, those easements shown on any recorded sub­ division map of the Property, or subsequently annexed property, and the following additional easements and rights: a. a perpetual easement for ingress, egress, regress, access, the installation and maintenance of utilities, further subdivision, and the right to dedicate to public use, over, under and upon all streets and drainage and utility easements shown on any recorded map of the Prop­ erty or lying within the subdivision and the water and sewer easements lying within the subdivi­ sion; b. the right to grant easements for the purposes of ingress, egress, regress, access, the installation, use and maintenance of utilities and further subdivision, over, under and upon (i) all streets shown on any recorded map of the Property and (ii) the drainage and utility easements and easements for the water and sanitary sewer systems located within the Property, to any prop­ erty outside the Subdivision and Property to which Dedarant deems the grant of such easements

easements and easements for the water and sanitary sewer systems located within the Property, to any prop­ erty outside the Subdivision and Property to which Dedarant deems the grant of such easements desirable, whether or not the property to which the easements are granted is owned by Declarant; c. a perpetual easement over, under and upon all streets and drainage and utility easements shown on any recorded subdivision map of the Property for the purpose of establish­ ing, constructing and maintaining any underground utility, conduits and wires for telephone, electric power and other purposes and of laying, installing and maintaining facilities for sewage, potable and non-potable water, gas, storm drainage and other utilities therein. This reservation shall not be construed as an obligation of Declarant to provide or maintain any such activity or services; d. a perpetual access easement over, under and upon the Lots to trim, cut and remove any trees and brush necessary for the installation, operation and maintenance of utility lines, gas, water and sewer mains and other services for the convenience of the property owners and appurtenances thereto; e. a perpetual and exclusive easement for the installation and maintenance of radio and television transmission cables within the rights-of-way and easement areas reserved and de­ fined above; and f. a perpetual easement for the erection, maintenance, repair and replacement of a sign or signs within any Sign Easement and a fence or fences within any Fence Easement as shown on the recorded map of the Prope1ty.

ARTICLE XIX OWNER'S MAINTENANCE OBLIGATIONS AND RIGHT OF DECLARANT AND ASSOCIATION TO PERFORM CERTAIN MAINTENANCE (A) On each Lot, the rights-of-way and easement areas reserved by Declarant , except for any

E XIX OWNER'S MAINTENANCE OBLIGATIONS AND RIGHT OF DECLARANT AND ASSOCIATION TO PERFORM CERTAIN MAINTENANCE (A) On each Lot, the rights-of-way and easement areas reserved by Declarant , except for any Sign Easement or Fence Easement area, or dedicated to public utilities purposes shall be main­ tained continuously by the Lot owner. No structure, plantings or other material shall be placed or permitted to remain, or other activities undertaken which may damage or interfere with the in­ stallation or maintenance of utilities, or which may change the direction of the flow of water through drainage channels in the easements, or which damage or inte1fere with established slope ratios or which create erosion problems. It is provided, however, that where the existing location of an easement or drainage channel reserved in this Declaration or shown on any recorded subdi­ vision map of the Property would hinder the orderly development of the Lot on which the ease­ ment is located, the easement or drainage channel may be relocated by Declarant. Improvements within such areas also shall be maintained by the Lot owner, except for those for which the As­ sociation, a public authority or utility is responsible.

(B) In the event the owner of any Lot shall fail to maintain the Lot, and/or the improvements situated thereon in a manner in keeping with this Declaration , in addition to any other rights set forth herein or provided by law, the Declarant and the Association shall have the right, but not the obligation, through their agents and employees, to enter upon said Lot and clear, clean, re­ pair, maintain and restore the Lot, the exterior of any building and any other improvements erected thereon. There is included in the authority herein granted the power to clear Lots of un­

clean, re­ pair, maintain and restore the Lot, the exterior of any building and any other improvements erected thereon. There is included in the authority herein granted the power to clear Lots of un­ dergrowth, rubbish, debris, weeds or grass. In the event the owner of any Lot shall damage or through negligent failure to act allow damage to occur to the Off-Site Drainfield Easement areas, Exclusive Sewer Easement area, or Stormwater Management Facilities, located on said owner's Lot, or fail to comply with all applicable North Carolina Sedimentation and Erosion Control Per­ mits, in addition to any other rights set forth herein or provided by law, the Declarant, and the Association shall have the right, but not the obligation, through their agents and employees, to enter upon said Lot and clear, clean, repair, maintain and restore the easement area, and Storm­ water Management Facilities, and to bring the Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control Permits. There is included in the authority herein granted the power to clear Lots of undergrowth , rubbish, debris, weeds or grass.

(C) The costs of the maintenance or repair authorized by this Article shall be considered the legal obligation of the Lot owner. The Declarant, or the Association , as applicable , may maintain an action in court having jurisdiction for such costs, together with all collection costs, including reasonable attorney's fees, and expenses incurred in pursuing such action, The costs shall not constitute a lien on said Lot, unless and until the final judgment of such court shall be entered in the office of the Clerk of Court of Pender County. Any such lien obtained shall be subordinate to any first deed of trust.

ARTICLE XX THE GABLE RUN HOA, INC.

judgment of such court shall be entered in the office of the Clerk of Court of Pender County. Any such lien obtained shall be subordinate to any first deed of trust.

ARTICLE XX THE GABLE RUN HOA, INC.

(A) THE GABLE RUN HOA, INC. (the "Association ") has been or will be formed at the direction of the Declarant pursuant to the rules and requirements of the Nonprofit Association Act (Chapter 55A) of the General Statutes of North Carolina as an association of the owners of the Lots. Its purposes are to: (1) oversee, inspect, maintain, repair and replace the Stormwater Management Facilities constructed pursuant to the Permit; (2) enforce the provisions of the Per­ mit; (3) enforce each Lot owner's obligations with respect to the Stormwater Management Facili­ plicable North Carolina Sedimentation and Erosion Control Permits; said authority to be exer­ cised, if and only if, and when and only when, Declarant transfers the Permit to the Association; (5) inspect, maintain, repair and replace signs, fences and landscaping located within any Sign Easement and I or Fence Easements ; and (6) inspect, maintain, repair and inure the Common Areas, improvements , private streets and sidewalks within the subdivision and generally act in the best interests of the lot owners and to preserve the value of the subdivision. The Association shall have no authority with respect to the Lots located in the Subdivision until such time as Declarant transfers such rights to the Association.

(B) The Declarant shall have the right, but not the obligation, to annex into the Subdivision additional property now, or in the future, owned by Declarant. From and after the date of such

ssociation.

(B) The Declarant shall have the right, but not the obligation, to annex into the Subdivision additional property now, or in the future, owned by Declarant. From and after the date of such annexation, the annexed Lots shall be subject to the jurisdiction of the Association and the own­ ers of the annexed Lots shall be members of the Association.

(C) Each owner of each Lot within the Subdivision shall be a member of the Association.

The Declarant , by this Declaration, and the owners of each individual Lot, by their acceptance of a deed thereto, covenant and agree with respect to the Association: a. that for so long as each is an owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of.the Association ; and b. that any unpaid assessment , whether general or special, levied by the Association in accordance with this Declaration, the Articles of Incorporation (herein called the "Articles ") or the Bylaws of the Association (herein called the "Bylaws") shall be a lien upon the Lot upon which such assessment was levied and also shall be the personal obligation of the person who was the owner of the Lot at the time the assessment fell due. The original builder shall not be obligated to pay HOA fees during the construction and sale process for a period of up to 12 months from taking title to any lot in the Subdivision, but thereafter will be subject to ¢.e then current HOA fees. · (D) Each membership in the Association shall relate to and have a unity of interest with an individual Lot which may not be separated from the ownership of said Lot. The books and all supporting documentation , the Declaration, the Articles, the Bylaws, and all amendments thereto

est with an individual Lot which may not be separated from the ownership of said Lot. The books and all supporting documentation , the Declaration, the Articles, the Bylaws, and all amendments thereto shall be available for examination by all Lot owners, and their lenders or their lenders' agents during normal business hours at the principal office of the Association.

(E) The Association shall have one class of members. The members shall be all the owners of a Lot, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall be members ; however, the vote for such Lot shall be exercised as they, among themselves , determine , but in no event shall more than one vote or any fraction of a vote be cast with respect to any Lot.

(F) The Declarant shall, at its sole cost and expense, initially construct all Stormwater Man­ agement Facilities required to be located upon the Lots and Property or upon any property an­ nexed into the Subdivision by the Declarant to the standards required by the applicable Permit.

Upon completion of the construction of said Stormwater Management Facilities located in the Subdivision, the Declarant shall transfer the applicable Permit to the Association and the Associ­ ation shall accept the transfer of the applicable Permit from the Declarant upon the earlier to oc­ cur of (i) the date the North Carolina Department of Environment and Natural Resources allows such transfer to occur; or, (ii) the date upon which at least fifty percent of the Lots in the Subdi­ vision are conveyed to owners, other than Declarant. Prior to any such transfer, the Stormwater Management Facilities for the Subdivision , including any property annexed by Declarant into the

Subdi­ vision are conveyed to owners, other than Declarant. Prior to any such transfer, the Stormwater Management Facilities for the Subdivision , including any property annexed by Declarant into the Subdivision, shall be certified, either by state inspection or by a licensed engineer, as being in compliance with the applicable Pem1it prior to such assignment or transfer. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the holder of the Permit occurring after Declarant tenders transfer of the Permit to the Association following the approval of such transfer by the North Carolina Depart­ ment of Environment and Natural Resources and the certification of compliance as set forth above. Further, Declarant may bring an action for specific performance of the obligations of the Association pursuant to this paragraph. From and after the transfer of the Permit from the Declarant following the approval of the North Carolina Department of Environment and Natural Resources , the oversight , supervision, management and administration of the Permit shall be the sole responsibility of the Association. The Association's duties with regard to the Permit shall be ca1Tied out in accordance with the tem1s and conditions of this Declaration, the Articles, the By­ laws and the Permit. The Association hereby is granted and conveyed an easement over, under and upon each Lot and future lots in the Subdivision for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater Management Facilities located upon each

r, under and upon each Lot and future lots in the Subdivision for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater Management Facilities located upon each Lot and future subdivided lot. In the event the Declarant annexes additiona l property into the Subdivision and transfers the applicable Permit to the Association, the Association shall have, and hereby is granted and conveyed, an easement over, under and upon each annexed Lot for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwate r Management Facilities located upon each annexed lot.

(G) The expenses of the Association shall include: a. all amounts expended by the Association in holding and being responsible for the obligations of the Permit and overseeing , supervising, administering, managing, repairing, re­ placing and insuring all Stormwater Management Facilities and Sedimentation and Erosion Con­ trol facilities located within the Subdivision as required by this Declaration; all amounts ex­ pended by the Association in enforcing the provisions of this Declaration, as may be am~nded; all amounts expended by the Association in the performance of its duties hereunder from and after the time Declarant transfers the Permit, and all amounts expended by the Association in legal, engineering or architectural fees and all similar fees which may be incuned by the Associ­ ation from time to time in performing the functions delegated to the Association by this Declaration. · b. all amounts expended by the Association in carrying out any duty or obligation as maybe required or allowed by this Declaration, the Articles or the Bylaws.

c. all amounts expended by the Association in operating , administering, managing,

in carrying out any duty or obligation as maybe required or allowed by this Declaration, the Articles or the Bylaws.

c. all amounts expended by the Association in operating , administering, managing, repairing, replacing, improving, paying all taxes imposed on Common Areas and insuring, (in­ cluding liability insurance), the Common Areas, private streets, sidewalks and other improve­ ments within the subdivision, including landscaping, situated in any Sign of Fence Easements.

d. all amounts expended by the Association for the maintenance, repair and replacement of any fence erected in any Fence Easement as shown on the recorded plat of the Subdivi­ sion.

(H) Each owner of any Lot by acceptance of a deed for the same (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association annual general assessments or charges as hereinafter provided. The annual general assessments, together with interest, costs and reasonable attorneys' fees, shall be a separate charge and lien on the land and, subject to the limitations set forth herein, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, 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 the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot, unless expressly as­ sumed by them, but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

a. Until January 1, 2017, the annual general assessment shall be Two Hundred Fifty Dollars ($250.00) per Lot.

ons of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

a. Until January 1, 2017, the annual general assessment shall be Two Hundred Fifty Dollars ($250.00) per Lot.

b. From and after January 1, 2017, the annual general assessment may be increased upon the vote of a majority of the Board of Directors of the Association by no more than fifteen percent (15%) of the annual general assessment for the preceding year.

c. Any increase of the annual general assessment exceeding fifteen percent (15%) of such assessment for the preceding year must be approved by the owners of at least two-thirds (2/3) of the Lots subject to such assessment, who are voting in person or by proxy at a meeting called for this purpose.

d. Once the annual general assessment has been set, notice of the annual general assessment shall be given to all Lot owners. It is provided, however, that no owner is relieved from the obligation to pay the assessment because of failure to give such notice. After the initial notice of the assessment , no bills for such assessment will be forwarded to any owner, but such assess­ ment thereafter shall become due and payable as provided by the Board of Directors.

e. As provided in the Bylaws, and subject to the restrictions and limitations provided herein, the Board of Directors shall establish an Annual Budget in advance for each fiscal year.

Such budget shall project all expenses for the forthcoming fiscal year which may be required for the proper operation, management and maintenance of the Common Areas, private roads leading to the Subdivision, the Stormwater Management Facilities, the North Carolina Sedimentation and Erosion Control Permits, the "Entrance Signs" situated in any Sign Easement, any fence situ­

oads leading to the Subdivision, the Stormwater Management Facilities, the North Carolina Sedimentation and Erosion Control Permits, the "Entrance Signs" situated in any Sign Easement, any fence situ­ ated in any Fence Easement, and the Association, including a reasonable allowance for contin­ gencies and reserves. The budget shall take into account any projected or anticipated income.

Upon adoption of such Annual Budget by the Board of Directors, copies of the Budget shall be delivered to each owner together with a statement of the applicable assessment(s) for each Lot as provided herein, based upon such budget; however, the nondelivery of a copy of said Budget shall not affect the liability of any owner for such assessment(s). The Annual Budget for the an­ nual general assessment shall be divided by the number of Lots subject to the annual general as­ sessments at the time of the annual meeting of the members and the quotient shall be the annual general assessment per Lot for the succeeding fiscal year.

f. All monies collected by the Association shall be treated as the separate property of the Association and such monies may be applied by the Association to the payment of any expense of operating and managing the Association or the proper undertaking of all acts and du­ ties imposed upon it by virtue of this Declaration, the Articles and the Bylaws. As monies for any assessment are paid into the Association by any owner, the same may be commingled with monies paid to the Association by the other owners. Although all funds and any increments thereto or profits derived therefrom shall be held for the benefit of the members of the Associa­ tion, no member of the Association shall have the right to assign, hypothecate, pledge or in any

ments thereto or profits derived therefrom shall be held for the benefit of the members of the Associa­ tion, no member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer said owner's membership interest therein, except as an appurtenance of said owner's Lot. When the owner of a Lot shall cease to be a member of the Association by reason of said owner's divestment of ownership of such Lot, by whatever means, the Association shall not be required to account to such owner for any share of the fund or assets of the Association, including any monies which said owner may have paid to the Association, as all monies which any owner has paid to the Association shall be and constitute an asset of the Association which may be used in the operation and management of the Association.

g. Written notice of any meeting called for the purpose of taking any action requiring a meeting shall be sent to all members not less than thirty (30) days, or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast thirty percent (30%) of the votes of all members shall constitute a quo­ rum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (Yz) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty ( 60) days following the preceding meeting.

(I) Annual general assessments and special assessments shall, except as otherwise provided herein, be fixed at a uniform rate for all Lots.

(J) The annual general assessments provided for herein shall commence as to each Lot upon

s and special assessments shall, except as otherwise provided herein, be fixed at a uniform rate for all Lots.

(J) The annual general assessments provided for herein shall commence as to each Lot upon which a residential dwelling has been constructed on the date of recordation of the deed for such Lot in the Office of the Register of Deeds of New Hanover County and shall be prorated on a calendar year basis through the date of such recordation. The annual general assessments shall be assessed for each calendar year thereafter and shall be payable annually, or more frequently , with the due date for such payments and payment frequency, being as established by the Board of Directors.

(K) The annual general assessment levied by the Association shall be used exclusively to oversee, inspect, maintain and repair the Stormwater Management Facilities , Sign Easement and Fence Easement areas, if any; to enforce the provisions of this Declaration relating to the Storm­ water Management Facilities, the Permit, and the applicable No1th Carolina Sedimentation and Erosion Control Permit; and to pay the expenses of the Association from and after the time, if ever, Declarant transfers the Permit to the Association. The Association's functions shall be to oversee, inspect, maintain and repair Common Areas, private streets and sidewalks, the Storm­ water Management Facilities, Sign Easement and Fence Easement areas; to enforce the provi­ sions of this Declaration relating to the Stormwater Management Facilities , the Pennit, the appli­ cable North Carolina Sedimentation and Erosion Control Permits, and operation and use of facil­ ities and improvements situated in the sanitary sewer (septic system) and access easement areas.

appli­ cable North Carolina Sedimentation and Erosion Control Permits, and operation and use of facil­ ities and improvements situated in the sanitary sewer (septic system) and access easement areas.

The powers of the Association may not be expanded beyond those purposes. Nothing herein re­ lieves the owner of a Lot from said owner's obligation to maintain the areas upon said owner's Lot upon which the Stormwater Management Facilities and sanitary sewer (septic system) and access easements are located as provided herein and not to damage or allow damage to occur to said Stonnwater Management Facilities, and to comply with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permits.

(L) 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. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

(M) General special assessments and specific special assessments may be levied against Lots for such reasons as are provided in this Declaration, the Articles or the Bylaws, and on such terms as provided by the directors and the members. Upon a two-thirds (2/3) vote of the Direc­ tors and a two-thirds (2/3) vote of the owners of Lots who are voting in person or by proxy at a meeting duly called for this purpose, the Association may levy and impose special assessments.

The purposes for which special assessments may be levied are limited to providing funds to pay for the oversight, inspection , maintenance and repair of Common Areas, including the private

ssessments.

The purposes for which special assessments may be levied are limited to providing funds to pay for the oversight, inspection , maintenance and repair of Common Areas, including the private streets within the subdivision and the private roads that give access to the Subdivision , sidewalks, Stormwater Management Facilities, Sign Easement and Fence Easement areas, if any, to enforce the provisions of this Declaration relating to the Stormwater Man~gement Facilities , the Permit and all applicable North Carolina Sedimentation and Erosion Control Permits, mainte­ nance of the Sign Easement and Fence Easement areas and for insuring al of the foregoing, in­ cluding liability insurance, which exceed the general assessment funds then on hand to pay same and to provide a contingency fund for capital improvements and extraordinary expenses. General special assessments shall be levied at a uniform rate for all Lots to which such assessments maybe charged as set forth in this Declaration . Specific special assessments may be assessed against the owner of a Lot after written notice has been given by the Association to the owner of said Lot at the address of the owner appearing upon the records of the Association by United States mail, postage prepaid, that the Stormwater Management Facilities located on said Lot have been damaged by the act or negligent failure to act of said owner or that said owner has failed to comply with all applicable North Carolina Sedimentation and Erosion Control Permits and that, as a result, such Stormwater Management Facilities are in need of repair or replacement in order to comply with the Permit or actions must be taken in order to comply with the applica­

rmits and that, as a result, such Stormwater Management Facilities are in need of repair or replacement in order to comply with the Permit or actions must be taken in order to comply with the applica­ ble N01th Carolina Sedimentation and Erosion Control Permits and the owner of said Lot has not taken the necessary action to bring the Stormwater Management Facilities, if any, located an said owner's Lot into compliance with the Permit or to comply with the provisions of all applica­ ble North Carolina Sedimentation and Erosion Control Permits within thirty (30) days after the mailing of said notice. If said owner commences the necessary action to repair or replace the Stormwater Management Facilities located on said owner's Lot and to bring the Stormwater Management Facilities into compliance with the Permit or to bring the Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control Permits, within the thirty (30) day period set forth above, the imposition of a specific special assessment shall be deferred by the Association for the period during which said owner diligently pursues to completion the re­ pair or replacement of the St01mwater Management Facilities located on said Lot or compliance with the applicable North Carolina Sedimentation and Erosion Control Permits. Specific special assessments shall be limited to the amount of funds actually expended , or in the discretion of the Board of Directors , the amount of funds reasonably estimated by the Board of Directors will be expended, by the Association to repair or replace the Stormwater Management Facilities located upon the Lot or to comply with the applicable North Carolina Sedimentation and Erosion Con­

ctors will be expended, by the Association to repair or replace the Stormwater Management Facilities located upon the Lot or to comply with the applicable North Carolina Sedimentation and Erosion Con­ trol Pe1mit applicable to the Lot, upon which the specific special assessment is assessed. Special assessments, either general or specific, together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land and, subject to the provisions set forth in this Declara­ tion, shall be a continuing lien upon the Lot against which each such assessment is made. The personal obligation of an owner of a Lot for delinquent special assessments, whether general or specific, shall not pass to a successor in title to a Lot, unless expressly assumed by the successor, but, subject to the provisions of this Declaration, delinquent special assessments shall continue to be a lien upon such Lot.

(N) Any annual general assessment, general special assessment , or specific special assess­ ment, if not paid within thirty (30) days after the date such assessment is due, together with inter­ est at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys' fees shall constitute a lien against the Lot upon which such assessment is levied, The Association may record notice of the same in the Office of the Clerk of Superior Court of On­ slow County or file a suit to collect such delinquent assessments and charges. The Association may file Notice of Lis Pendens, bring an action at law against the owner personally obligated to pay the same and/or bring an action to foreclose the lien against the Prope1ty. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or

igated to pay the same and/or bring an action to foreclose the lien against the Prope1ty. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu therefor, shall extinguish the lien of such assessment 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. No owner may waive or otherwise escape liability for the assessments pro­ vided for herein.

0) In the event the Articles of Incorporation and/or Bylaws of the Association are amended to expand the rights and duties of the Association , those amendments shall have no effect on the Lots or the Subdivision unless, by recorded an1endment to this Declaration , joined in by Declarant.

ARTICLEXXI WETLANDS It shall be the responsibility of each Owner, prior to alteration of any Lot, to determine if any portion of the Lot shall have been determined to meet the requirements for designation as regulatory "wetlands." Any subsequent fill or alteration of the "wetlands" shall conform to the requirements of the wetlands rules adopted by the State of North Carolina and in force at the time of the proposed alteration. The intent of this restiiction is to prevent additional fill or alter­ ation of designated "wetlands," so the property Owner should not assume that a future applica­ tion for fill or alteration will be approved. The property Owner shall report the name of the sub­ division in any application pertaining to "wetlands" rules. These covenants and restrictions are

ica­ tion for fill or alteration will be approved. The property Owner shall report the name of the sub­ division in any application pertaining to "wetlands" rules. These covenants and restrictions are intended to insure the continued compliance with "wetlands" rules adopted by the State of North Carolina, therefore compliance may be enforced by the State of North Carolina or authorized agency or department thereof.

ARTICLE XXII REMEDIES In the case of failure of a Lot owner to comply with the terms and provisions contained in this Declaration, the Articles. or the Bylaws of the Association, the following relief shall be available: a. The Declarant (whether or not the Declarant is the owner of any Lot), the Association, any Lot owner and any party to whose benefit this Declaration inures, including but not limited to the State of North Carolina or its assignees with respect to the Permit, may proceed at law and in equity to prevent the violation of any term or provision of this Declaration, the Arti­ cles and Bylaws and also recover damages for such violation and the court in any such action may award the successful pa11y said party's reasonable expenses and costs in prosecuting such actions including reasonable attorney's fees.

b. The remedies hereby specified are cumulative and this specification of them shall not be taken to preclude an aggrieved party's resort to any other remedy at law, in equity or un­ der any statute. No delay or failure on the part of the Association, the Declarant or an aggrieved party to invoke an available remedy with respect to a violation of any of this Declaration , the Articles and Bylaws shall be held to be a waiver by that party of (or an estoppel of that party to

eved party to invoke an available remedy with respect to a violation of any of this Declaration , the Articles and Bylaws shall be held to be a waiver by that party of (or an estoppel of that party to assert) any right available to that party upon the reoccurrence or continuation of said violation or the occurrence of a different violation. · ARTICLE xxrn COMPLIANCE WITH DEPARTMENT OF TRANSPORTATION TRAFFIC MAINTENANCE STANDARDS Gable Run Drive and Bristlecone Drive are currently a private roads and are the maintenance responsibility of the Association. . It is understood and agreed that the Declarant and all Lot Owners are under no obligation to seek the annexation of these roads by the NCDOT. Notwith­ standing the preceding , Declarant or the Lot Owners through the Association shall have the dis­ cretion to seek annexation by the NCDOT in the future but nothing shall be construed as a warranty or guaranty that the NCDOT shall take over said private roads.

Driveway head walls, fences, mailboxes, newspaper delivery boxes, basketball goals or other roadside obstructions, constructed or placed within the right of way of any street as shown on the recorded plat of the subdivision in a location or out of materials determined to be a traffic safety hazard by the North Carolina Department of Transportation or the Declarant , shall not be permit­ ted. It shall be the duty of the Owner of any Lot to remove such obstruction, at the Owner's sole expense, within thirty (30) days following written notification of such objection by the North Carolina Department of Transportation or Declarant. In the event any Owner fails, or refuses, to remove such obstruction or obstructions within the thirty (30) day period following written noti­

North Carolina Department of Transportation or Declarant. In the event any Owner fails, or refuses, to remove such obstruction or obstructions within the thirty (30) day period following written noti­ fication thereof, the Declarant or the Association shall have the right, but not the duty, to remove the obstruction or obstructions and to charge the Owner the costs thereof which shall be a lien against the Owner's Lot and may be enforced in the same manner as provided in Article XIX(N) above.

ARTICLE XXIV STREET LIGHTING AGREEMENT The Declarant reserves the right to subject the real property in this subdivision to a con­ tract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting, and/or entrance sign lighting, either or all of which may require an initial payment and/or a continuing monthly payment to an electric company by the owner of each dwelling.

ARTICLEXXV ANNEXATION OF ADDITIONAL PROPERTY INTO DEVELOPMENT AREA The Declarant , for itself and its successors and assigns, hereby expressly reserves the right, but shall in no way be obligated , to expand the real property which is subject to this Decla­ ration without the consent or joinder of any Owner or Owners of any Lot or Lots or person or entities having a lien or security interest in such Lot or Lots, by annexing, from time to time all or any portion of the tract of land known as the Development Area and being more pru1icularly described on Exhibit A, attached hereto and incorporated herein by reference as if fully set forth.

The Declarant may also identify and annex to the Development Area by amendment hereto any other prope1ty as Declarant in its sole discretion may determine.

d herein by reference as if fully set forth.

The Declarant may also identify and annex to the Development Area by amendment hereto any other prope1ty as Declarant in its sole discretion may determine.

ter of Deeds of New Hanover County, North Carolina, to include each portion of the real prop­ erty which is to be subject to this Declaration, and each such p011ion of the real property shall constitute an addition to the Subdivision. The right of the Declarant, or its successors and as­ signs, to expand the Subdivision as herein provided shall expire fifteen years following the date of recordation of this Declaration.

ARTICLE xxvr SUPPLEMENT AL DECLARA TION(S) For so long as Declarant owns one or more Lots described herein, the Declarant shall have the right, from time to time, to record Supplemental Declarations for a Parcel or Parcels of the Development Area which may designate specific use and other restrictions within said Par­ cel, may create Common Areas within such Parcel for the use of all owners in the Subdivision, as may be expanded, and may create a separate owners association exclusively for such Parcel; provided, however, no Supplemental Declaration shall avoid membership in the Association by Owners of Lots in said Parcel.

ARTICLE XXVII ENFORCEMENT Enforcement shall be by proceedings at law or in equity against any person or person vio­ lating or attempting to violate any covenant, either to restrain violations or to recover damages.

In the event any proceeding is commenced to enforce the provisions of this Declaration, the non­ prevailing patty shall be obligated to pay, in addition to any monetary damages or other award

damages.

In the event any proceeding is commenced to enforce the provisions of this Declaration, the non­ prevailing patty shall be obligated to pay, in addition to any monetary damages or other award granted by the court, the expenses and costs of such proceeding, including reasonable attorneys' fees of the prevailing party.

ARTICLE xxvm MODIFICATION These restrictions are subject to being altered, modified, canceled or changed at any time as to said subdivision as a whole, or as to any subdivided lot or part thereof, by written document executed by the Declarant or its successors in title and by the owners of not less than sixty seven percent (67%) of the subdivided lots or parts of said subdivision to which these restrictions ap­ ply, and recorded in the Office of the Register of Deeds of New Hanover County, North Carolina. However, notwithstanding the foregoing, for as long as the Declarant owns one or more of the subdivided lots, the Declarant may alter or amend these covenants without the con­ sent of any other owner.

ARTICLE xxvm TERM These Covenants are to run with the land and shall be binding on all parties and all per­ sons claiming under them for a period of twenty-five years from the date these Covenants are recorded, after which such time such Covenants shall be automatically extended for successive periods of ten ( l 0) years unless an instrnment signed by a majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part, with the exception of Article XVI.

ARTICLE XXIX SEVERABILITY Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.

cle XVI.

ARTICLE XXIX SEVERABILITY Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF , the Declarant ha caused this instrument to be signed by its Manager, with authority duly given by its Mei ay and year first above written.

STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND The undersigned, a Notary Public in and for said County and State, does hereby certify identity, personally came before me this day and acknowledged that he is Member/Manager of HOKE DEVELOPERS, LLC, a North Carolina limited liability company, and that by authority duly given and as the fact of the limited liability company, he executed the foregoing instrument on behalf of the limited liability company in the capacity indicated.

Witness my hand and official stamp or seal, this CJO day of June , 2016.

cktb~ My commission expires: '(3-3 ...a O& 0 'EXHIBIT "A" XE EXHIBIT "A" Development Area Per the plat approval of New Hanover County for GABLE RUN SUBDIVISION, shown as Lots 1-45 on the GABLE RUN SUBDIVISION PLAT recorded at Map Book 61 Page 343 in the office of the New Hanover County Registry, together with the remainder of the real property described in Deed Book 5939 Page 111 of the new Hanover County Register of Deeds, which is not depicted in said plat.

STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Book 6001 Page 736 BK: RB 6001 PG: 736 -754 RECORDED: 09/1312016 09:23:28AM BY: CAROL HUGHLEY DEPUTY 2016029348 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS NC FEE $42.00 EXTXS0.00 ELECTRONICALLY RECORDED

BK: RB 6001 PG: 736 -754 RECORDED: 09/1312016 09:23:28AM BY: CAROL HUGHLEY DEPUTY 2016029348 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY REGISTER OF DEEDS NC FEE $42.00 EXTXS0.00 ELECTRONICALLY RECORDED FIRST AMENDMENT TO THE MASTER DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS FOR GABLE RUN SUBDIVISION.

This Amendment to the Master Declaration of Restrictive and Protective Covenants for Gable Run Subdivision (Amended Declaration) is made this _day of September by Hoke Developers, LLC, a North Carolina limited liability company (Declarant) WITNESSETH WHEREAS, a Master Declaration of Restrictive and Protective Covenants for Gable Run Subdivision (Original Declaration) was recorded at Book 5985, Page 807-827 in the Office of the Register of Deeds of New Hanover County, and it did subject the property described therein to certain covenants, restrictions, terms and conditions; and WHEREAS, Article XXVlll of the Original Declarant authorizes the Declarant to amend the Declaration where pertinent; and WHEREAS, Declarant desires to amend the Original Declaration to subject the property to additional Restrictions and Protective Covenants and to revise certain other restrictions and covenants contained in the Original Declaration.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Original Declaration is amended as follows: submitted electronically by "Fuss Law Firm, PC" in compliance with North Carolina statutes governing recordable document~ and the terms of the submitter agreement with the New Hanover county Register of Deeds.

Book 6001 Page 737 1. ARTICLE II C is deleted and replaced with the following: (C) Common Areas/Common Elements and Common Expense

he submitter agreement with the New Hanover county Register of Deeds.

Book 6001 Page 737 1. ARTICLE II C is deleted and replaced with the following: (C) Common Areas/Common Elements and Common Expense i) Common Areas and Common Elements are all of those areas shown on the plat as ponds, passive rec areas, common areas, private streets, sidewalks, any improvements serving the subdivision, all Storm Water Management Facilities and Erosion Control Facilities (and land they are situated upon), all wastewater collection improvements with pumps, wastewater treatment works and/or disposal facilities to provide sanitary disposal for the development, and all fences and landscaping situated in any Sign or Force Easements ii)Common Expenses shall mean and refer to: a. the actual and estimated expenses of operating the Association, including any reasonable reserve, all as may be found to be necessary and appropriate by the board pursuant to this Declaration, the Articles of Incorporation of the Association and its By-Laws; b. all amounts collected and expended by the Association in accordance with Article XVII in holding and being responsible for the obligations of the Stormwater Management Permit SW8-141207 overseeing, supervising, administering, managing, repairing, replacing and insuring all Stormwater Management Facilities located within the Property as required by this Declaration and all amounts expended in enforcing the provisions of the Permit; c. all amounts collected and expended by the Association, in accordance with Article XVII, in holding and being responsible forthe obligations of Disposal System Permit WQ0037803 Modification, overseeing supervising, administering, managing, repairing, replacing, and insuring all Sanitary Disposal System Facilities located within/on

igations of Disposal System Permit WQ0037803 Modification, overseeing supervising, administering, managing, repairing, replacing, and insuring all Sanitary Disposal System Facilities located within/on the property as required by this Declaration ad all amounts expended in enforcing the provisions of the Permit.

d. all amounts expended or reserved by the Association for the maintenance, repair and replacement of any Common Areas/Elements, signs, fences, sidewalks, or other improvements, including the landscaping thereof, within the Subdivision, and any expenditures required to maintain compliance with the North Carolina Erosion and Sedimentation Control Permit and the Sanctuary Disposal Permit for the property.

Book 6001 Page 738 2. Article XVII, Storm Water Management shall be deleted and replaced with the following: ARTICLE XVII STORMWATER MANAGEMENT AND SANITARY DISPOSAL SYSTEM MANAGEMENT (i) Stormwater Management a. Paragraphs (A) through (N) hereof contain covenants and restrictions intended to insure compliance with State Stormwater Management permit Number SWB-141207 issued by the Division of Water Quality 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. The covenants set forth in this Article XVII pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality.

d. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality.

e. The maximum allowable built-upon area ("BUA") per lot is 4000 square feet.

This allotted amount includes any built-upon area constructed within the Lot

concurrence of the Division of Water Quality.

e. The maximum allowable built-upon area ("BUA") per lot is 4000 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.

Book 6001 Page 739 f. In case of a Lot within Area of Environmental Concern, where the Division of Coastal Cams regulated Management calculates a different maximum allowable built-upon area for that Lot than as shown herein, the governing maximum built-upon area for that Lot shall be the most restrictive of the two amounts.

g. Filling in or piping of any vegetative conveyances (such as ditches, swales, etc.) associated with the development, except for the minimum amount necessary under driveways to provide access to lots and the minimum amount necessary to direct runoff beneath an impervious surface such as a road, is strictly prohibited by any person.

h. Each Lot will maintain a fifty (50) foot wide vegetated buffer adjacent to impounded structures, rivers and streams and tidal waters.

i. All roof drains shall terminate at last fifty (50) feet from the normal pool of impounded structures, the bank of each side of rivers and streams, and the mean high water line of tidal waters.

J. Built upon area in excess of the permitted amount requires a state stormwater permit modification prior to construction.

k. These covenants are to run with the land and be binding on all persons and parties claiming under them.

f the permitted amount requires a state stormwater permit modification prior to construction.

k. These covenants are to run with the land and be binding on all persons and parties claiming under them.

1. Placement of dredged or fill material, or development within the waters of the United States and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act. This activity also requires notification to the Division of Water Quality, Stormwater and Wetlands Sections.

m. All permitted runoff from future development of the Property shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a mannerthat maintains the integrity and performance of the stormwater control system as permitted.

n. Declarant, the Association, the State of North Carolina and their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect for the compliance of such Lot with the Permit and to maintain, repair, replace and construct ditches and devices necessary to insure that such Lot is in compliance with the Permit.

Book 6001 Page 740 (ii) Sanitary Disposal System Mknagement a. Pursuantto North Carolina G.S. 143-215.1, PermitWQ0037803 Modification dated May 26, 2016 was issued to Declarant by the North Carolina Environmental Management Commission and subsequently the Commission and Declarant entered into a Developers Operating Agreement, a copy of the issued Permit with transmittal letter and the Developers Operating Agreement are attached hereto as Exhibit "C" and incorporated herein.

b. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by

attached hereto as Exhibit "C" and incorporated herein.

b. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter property operate and maintain such systems and facilities in accordance with applicable permit provisions and law.

c. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities.

In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and Declaration.

d. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPERS successor.

e. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities, The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance.

f. The DEVELOPER shall provide in the Declaration and Association Bylaws

will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance.

f. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses.

In order to assure that there shall ne funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget.

Book 6001 Page 741 g. In the event the common expense allocation and separate fund are not adequate for the construction, repair and maintenance of the disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time.

h. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER, shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater.

vernmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater.

i. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit.

j. The agreements set forth in numbered paragraphs above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System.

k. A copy of this Disposal Agreement shall be filed at the Register of Deeds via Exhibit C hereto in the county(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association.

Book 6001 Page 742 3. Article XX "The Gable Run HOA, Inc shall be deleted and replace with the following THE GABLE RUN HOA, INC.

ARTICLE XX (A) THE GABLE RUN HOA, INC. (the Association) has been or will be formed at the direction of the Declarant pursuant to the rules and requirements of the Nonprofit Association Act (Chapter 55A) of the General Statutes of North Carolina as an association of the owners of the Lots. Its purposes are to: (1) oversee, inspect, maintain, repair and

ts of the Nonprofit Association Act (Chapter 55A) of the General Statutes of North Carolina as an association of the owners of the Lots. Its purposes are to: (1) oversee, inspect, maintain, repair and replace the Stormwater Management Facilities and the Sanitary Disposal System Facilities constructed pursuant to the applicable Permits; (2) enforce the provisions of the Permits; (3) enforce each Lot owner's obligations with respect to the Stormwater Management Facilities and Sanitary Dispoal Facilities pursuant to this Declaration; (4) enforce each Lot owners obligations with respect to all applicable North Carolina Sedimentation and Erosion Control Permits; said authority to be exercised, if and only if, and when and only when, Declarant transfers the Permit to the Association; (5) inspect, maintain, repair and replace signs, fences and landscaping located within any Sign Easement and I or Fence Easements ; and (6) inspect, maintain, repair and insure the Common Areas/Elements, improvements, private streets and sidewalks within the subdivision and generally act in the best interests of the lot owners and to preserve the value of the subdivision. The Association shall have no authority with respect to the Lots located in the Subdivision until such time as Declarant transfers such rights to the Association.

(B) The Declarant shall have the right, but not the obligation, to annex into the Subdivision additional property now, or in the future, owned by Declarant. From and after the date of such annexation, the annexed Lots shall be subject to the jurisdiction of the Association and the owners of the annexed Lots shall be members of the Association.

(C) Each owner of each Lot within the Subdivision shall be a member of the Association.

t to the jurisdiction of the Association and the owners of the annexed Lots shall be members of the Association.

(C) Each owner of each Lot within the Subdivision shall be a member of the Association.

The Declarant, by this Declaration, and the owners of each individual Lot, by their acceptance of a deed thereto, covenant and agree with respect to the Association: a. that for so long as each is an owner of a Lot within the Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the Association; and b. that any unpaid assessment, whether general or special, levied by the Association in accordance with this Declaration, the Articles of Incorporation (herein called the Articles) or the Bylaws of the Association (herein called the Bylaws) shall be a lien upon the Lot upon which such assessment was levied and also shall be the personal obligation of the person who was the owner Book 6001 Page 743 of the Lot at the time the assessment fell due. The original builder shall not be obligated to pay HOA fees during the construction and sale process for a period of up to 12 months from taking title to any lot in the Subdivision, but thereafter will be subject to the then current HOA fees.

(D) Each membership in the Association shall relate to and have a unity of interest with an individual Lot which may not be separated from the ownership of said Lot. The books and all supporting documentation, the Declaration, the Articles, the Bylaws, and all amendments thereto shall be available for examination by all Lot owners, and their lenders or their lenders' agents during normal business hours at the principal office of the Association.

(E) The Association shall have one class of members. The members shall be all the

s, and their lenders or their lenders' agents during normal business hours at the principal office of the Association.

(E) The Association shall have one class of members. The members shall be all the owners of a Lot, and they shall be entitled to one vote for each Lot owned; provided, however, when more than one person holds an interest in any Lot, all such persons shall be members; however, the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote or any fraction of a vote be cast with respect to any Lot.

(F) The Declarant shall, at its sole cost and expense, initially construct all Stormwater Management Facilities and Sanitary Disposal Facilities required to be located upon the Lots and Property or upon any property annexed into the Subdivision by the Declarant to the standards required by the applicable Permits. Upon completion of the construction of said Stormwater Management Facilities and Sanitary Disposal System Facilites located in the Subdivision, in accordance with the Permits, the Declarant shall transfer the applicable Permit to the Association and the Association shall accept the transfer of the applicable Permit from the Declarant upon the earlier to occur of (i) the date the North Carolina Department of Environment and Natural Resources allows such transfer to occur; or, (ii) the date upon which at least fifty percent of the Lots in the Subdivision are conveyed to owners, other than Declarant. Prior to any such transfer, the Stormwater Management and Sanitary Disposal Facilities for the Subdivision, including any property annexed by Declarant into the Subdivision, shall be certified, either by state inspection or

fer, the Stormwater Management and Sanitary Disposal Facilities for the Subdivision, including any property annexed by Declarant into the Subdivision, shall be certified, either by state inspection or by a licensed engineer, as being in compliance with the applicable Permit prior to such assignment or transfer. The Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the holder of the Permit occurring after Declarant tenders transfer of the Permits to the Association following the approval of such transfer by the North Carolina Department of Environment and Natural Resources and the certification of compliance as set forth above. Further, Deel a rant may bring an action for specific performance of the obligations of the Association pursuant to this paragraph. From and after the transfer of the Permits from the Declarant following the approval of the North Carolina Department of Environment and Natural Resources, the oversight, supervision, managementand administration of the Permits shall be the sole responsibility of the Association. The Association's duties with regard to the Permits shall be carried out in accordance with the terms and conditions of this Declaration, the Articles, the Bylaws and the Permitss. The Association hereby is granted and conveyed an easement over, under and upon each Lot and future lots in the Book 6001 Page 744 Subdivision for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater Management and Sanitary Disposal Facilities located upon each Lot and future subdivided lot. In the event the Declarant annexes additional property

aintenance, repair and replacement of all Stormwater Management and Sanitary Disposal Facilities located upon each Lot and future subdivided lot. In the event the Declarant annexes additional property into the Subdivision and transfers the applicable Permits to the Association, the Association shall have, and hereby is granted and conveyed, an easement over, under and upon each annexed Lot for the purpose of access to and inspection, maintenance, repair and replacement of all Stormwater Management and Sanitary Disposal Facilities located upon each annexed lot.

( G) The expenses of the Association shall include: a. all amounts expended by the Association in holding and being responsible for the obligations of the Permits and overseeing, supervising, administering, managing, repairing, replacing and insuring all Stormwater Management Facilities, Sanitary Disposal Facilities, and Sedimentation and Erosion Control facilities located within the Subdivision as required by this Declaration; all amounts expended by the Association in enforcing the provisions of this Declaration, as may be amended; all amounts expended by the Association in the performance of its duties hereunder from and after the time Declarant transfers the Permits, and all amounts expended by the Association in legal, engineering or architectural fees and all similar fees which may be incurred by the Association from time to time in performing the functions delegated to the Association by this Declaration.

b. all amounts expended by the Association in carrying out any duty or obligation as maybe required or allowed by this Declaration, the Articles or the Bylaws.

c. all amounts expended by the Association in operating, administering,

Association in carrying out any duty or obligation as maybe required or allowed by this Declaration, the Articles or the Bylaws.

c. all amounts expended by the Association in operating, administering, managing, repairing, replacing, improving, paying all taxes imposed on Common Areas and insuring, (including liability insurance), the Common Areas, private streets, sidewalks and other improvements within the subdivision, including landscaping, situated in any Sign of Fence Easements.

d. all amounts expended by the Association for the maintenance, repair and replacement of any fence erected in any Fence Easement as shown on the recorded plat of the Subdivision.

(H) Each owner of any Lot by acceptance of a deed for the same (whether or not it shall be so expressed in such deed) shall pay a one time capital assesment of $300.00 at closing on the lot/home and is deemed to covenant and agree to pay to the Association annual general assessments or charges as hereinafter provided. The annual general assessments, together with interest, costs and reasonable attorneys fees, shall be a separate charge and lien on the land and, subject to the limitations set forth herein, shall be a continuing lien upon the property against which each such assessment is made. Furthermore, 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 the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot, unless expressly assumed by them, but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

shall not pass to a successor in title to a Lot, unless expressly assumed by them, but, subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such Lot.

a. Until January 1, 2017, the annual general assessment shall be Six Hundred Book 6001 Page 745 Dollars ($600.00) per Lot, payable in quarterly installments of $150.00 each ..

b. From and after January 1, 2017, the annual general assessment may be increased upon the vote of a majority of the Board of Directors of the Association by no more than fifteen percent (15%) of the annual general assessment for the preceding year.

c. Any increase of the annual general assessment exceeding fifteen percent (15%) of such assessment for the preceding year must be approved by the owners of at least two-thirds (2/3) of the Lots subject to such assessment, who are voting in person or by proxy at a meeting called for this purpose.

d. Once the annual general assessment has been set, notice of the annual general assessment shall be given to all Lot owners. It is provided, however, that no owner is relieved from the obligation to pay the assessment because offailure to give such notice.

After the initial notice of the assessment, no bills for such assessment will be forwarded to any owner, but such assessment thereafter shall become due and payable as provided by the Board of Directors.

e. As provided in the Bylaws, and subject to the restrictions and limitations provided herein, the Board of Directors shall establish an Annual Budget in advance for each fiscal year. Such budget shall project all expenses for the forthcoming fiscal year which may be required for the proper operation, management and maintenance of the

Annual Budget in advance for each fiscal year. Such budget shall project all expenses for the forthcoming fiscal year which may be required for the proper operation, management and maintenance of the Common Areas/ Elements, private roads leading to the Subdivision, the Stormwater Management Facilities, the Sanitary Disposal Facilities, the North Carolina Sedimentation and Erosion Control Permits, the "Entrance Signs" situated in any Sign Easement, any fence situated in any Fence Easement, and the Association, including a reasonable allowance for contingencies and reserves. The budget shall take into account any projected or anticipated income. Upon adoption of such Annual Budget by the Board of Directors, copies of the Budget shall be delivered to each owner together with a statement of the applicable assessment(s) for each Lot as provided herein, based upon such budget; however, the nondelivery of a copy of said Budget shall not affect the liability of any owner for such assessment(s). The Annual Budget for the annual general assessment shall be divided by the number of Lots subject to the annual general assessments at the time of the annual meeting of the members and the quotient shall be the annual general assessment per Lot for the succeeding fiscal year.

f. All monies (including the capital assesment collected from each owner at closing) collected by the Association shall be treated as the separate property of the Association and such monies may be applied by the Association to the payment of any expense of operating and managing the Association or the proper undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws. As monies for any assessment are paid into the Association by any owner, the same may be

undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws. As monies for any assessment are paid into the Association by any owner, the same may be commingled with monies paid to the Association by the other owners. Although all funds and any increments thereto or profits derived therefrom shall be held for the benefit of the members of the Association, no member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer said owner's membership interest therein, except as an appurtenance of said owner's Lot. When the owner of a Lot shall cease to be a member of the Association by reason of said owner's divestment of ownership of such Lot, by whatever means, the Association shall not be required to account to such owner for any share of the fund or assets of the Association, including any monies which said owner may have paid to the Association, as all monies which any owner has paid to the Book 6001 Page 746 Association shall be and constitute an asset of the Association which may be used in the operation and management of the Association.

g. Written notice of any meeting called for the purpose of taking any action requiring a meeting shall be sent to all members not less than thirty (30) days, or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast thirty percent (30%) of the votes of all members shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such

sent, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

(I) Annual general assessments and special assessments shall, except as otherwise provided herein, be fixed at a uniform rate for all Lots.

(J) The annual general assessments provided for herein shall commence as to each Lot upon which a residential dwelling has been constructed on the date of recordation of the deed for such Lot in the Office of the Register of Deeds of New Hanover County and shall be prorated on a calendar year basis through the date of such recordation. The annual general assessments shall be assessed for each calendar year thereafter and shall be payable annually, or more frequently, with the due date for such payments and payment frequency, being as established by the Board of Directors.

(K) The annual general assessment levied by the Association shall be used exclusively to oversee, inspect, maintain and repair the Stormwater Management Facilities, Sign Easement and Fence Easement areas, if any; to enforce the provisions of this Declaration relating to the Stormwater Management Facilities, the Sanitary Disposal Facilities, the Permits, and the applicable North Carolina Sedimentation and Erosion Control Permits; and to pay the expenses of the Association from and after the time, if ever, Declarant transfers the Permits to the Association. The Association's functions shall be to oversee, inspect, maintain and repair Common Areas, private streets and sidewalks, the Stormwater Management Facilities, Sanitary Disposal

s to the Association. The Association's functions shall be to oversee, inspect, maintain and repair Common Areas, private streets and sidewalks, the Stormwater Management Facilities, Sanitary Disposal Facilities, Sign Easement and Fence Easement areas; to enforce the provisions of this Declaration relating to the Stormwater Management Facilities, the Permits, the applicable North Carolina Sedimentation and Erosion Control Permitss, and operation and use of facilities and improvements situated in the sanitary sewer (septic system) and access easement areas. The powers of the Association may not be expanded beyond those purposes. Nothing herein relieves the owner of a Lot from said owner's obligation to maintain the areas upon said owner's Lot upon which the Stormwater Management Facilities, Sanitary Disposal Facilities and access easements are located as provided herein and not to damage or allow damage to occur to said Stormwater Management Facilities, Sanitary Disposal Facilities, and to comply with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permits.

(L) 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. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance.

Book 6001 Page 747 (M) General special assessments and specific special assessments may be levied against Lots for such reasons as are provided in this Declaration, the Articles or the Bylaws, and on such terms as provided by the directors and the members. Upon a two­

ial assessments may be levied against Lots for such reasons as are provided in this Declaration, the Articles or the Bylaws, and on such terms as provided by the directors and the members. Upon a two­ thirds (2/3) vote of the Directors and a two-thirds (2/3) vote of the owners of Lots who are voting in person or by proxy at a meeting duly called for this purpose, the Association may levy and impose special assessments. The purposes for which special assessments may be levied are limited to providing funds to pay for the oversight, inspection, maintenance and repair of Common Areas, including the private streets within the subdivision and the private roads that give access to the Subdivision, sidewalks, Stormwater Management Facilities, Sanitary Disposal Facilities, Sign Easement and Fence Easement areas, if any, to enforce the provisions of this Declaration relating to the Stormwater Management Facilities,Sanitary Disposal Facilities, the Permits and all applicable North Carolina Sedimentation and Erosion Control Permits, maintenance of the Sign Easement and Fence Easement areas and for insuring al of the foregoing, including liabrlity insurance, which exceed the general assessment funds then on hand to pay same and to provide a contingency fund for capital improvements and extraordinary expenses. General special assessments shall be levied at a uniform rate for all Lots to which such assessments maybe charged as set forth in this Declaration. Specific special assessments may be assessed against the owner crf a Lot after written notice has been given by the Association to the owner of said Lot at the address of the owner appearing upon the records of the Association by United States mail, postage prepaid, that the Stormwater Management

been given by the Association to the owner of said Lot at the address of the owner appearing upon the records of the Association by United States mail, postage prepaid, that the Stormwater Management Facilities and/ or Sanitary Disposal Facilities located on said Lot have been damaged by the act or negligent failure to act of said owner or that said owner has failed to comply with all applicable North Carolina Sedimentation and Erosion Control Permits and that, as a result, such Stormwater Management Facilities and/ or Sanitary Disposal Facilities are in need of repair or replacement in order to comply with the Permits or actions must be taken in order to comply with the applicable North Carolina Sedimentation and Erosion Control Permits and the owner of said Lot has not taken the necessary action to bring the Stormwater Management Facilities and/or Sanitary Disposal Facilities if any, located an said owner's Lot into compliance with the Permits or to comply with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permitss within thirty (30) days after the mailing of said notice. If said owner commences the necessary action to repair or replace the Stormwater Management Facilities and /or Sanitary Disposal Facilities located on said owner's Lot and to bring the Stormwater Management Facilities and /or Sanitary Disposal Facilities into compliance with the Permits or to bring the Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control Permitss, within the thirty (30) day period set forth above, the imposition of a specific special assessment shall be deferred by the Association for the period during which said owner diligently pursues to completion the repair or replacement of the Stormwater

the imposition of a specific special assessment shall be deferred by the Association for the period during which said owner diligently pursues to completion the repair or replacement of the Stormwater Management Facilities and/or Sanitary Disposal Facilities located on said Lot or compliance with the applicable North Carolina Sedimentation and Erosion Control Permits.

Specific special assessments shall be limited to the amount of funds actually expended, or in the discretion of the Board of Directors, the amount of funds reasonably estimated by the Board of Directors will be expended, by the Association to repair or replace the Stormwater Management Facilities and/or Sanitary Disposal Facilities located upon the Lot Book 6001 Page 748 or to comply with the applicable North Carolina Sedimentation and Erosion Control Permits applicable to the Lot, upon which the specific special assessment is assessed. Special assessments, either general or specific, together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land and, subject to the provisions set forth in this Declaration, shall be a continuing lien upon the Lot against which each such assessment is made. The personal obligation of an owner of a Lot for delinquent special assessments, whether general or specific, shall not pass to a successor in title to a Lot, unless expressly assumed by the successor, but, subject to the provisions of this Declaration, delinquent special assessments shall continue to be a lien upon such Lot.

(N) Any annual general assessment, general special assessment, or specific special assessment, if not paid within thirty (30) days after the date such assessment is due,

ue to be a lien upon such Lot.

(N) Any annual general assessment, general special assessment, or specific special assessment, if not paid within thirty (30) days after the date such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and reasonable attorneys' fees shall constitute a lien against the Lot upon which such assessment is levied, The Association may record notice of the same in the Office of the Clerk of Superior Court of Onslow County or file a suit to collect such delinquent assessments and charges. The Association may file Notice of Lis Pend ens, bring an action at law against the owner personally obligated to pay the same and/or bring an action to foreclose the lien against the Property. The lien of any assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu therefor, shall extinguish the lien of such assessment 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. No owner may waive or otherwise escape liability for the assessments provided for herein.

0) In the event the Articles of Incorporation and/or Bylaws of the Association are amended to expand the rights and duties of the Association, those amendments shall have no effect on the Lots or the Subdivision unless, by recorded amendment to this Declaration, joined in by Declarant.

SIGNATURE PAGE TO FOLLOW Book 6001 Page 749 IN WITNESS WHEREOF, the Declarant has caused this First Amendment to the

division unless, by recorded amendment to this Declaration, joined in by Declarant.

SIGNATURE PAGE TO FOLLOW Book 6001 Page 749 IN WITNESS WHEREOF, the Declarant has caused this First Amendment to the Master Declaration of Restrictive and Protective Covenants for Gable Run Subdivision to be signed by its Manager, with authority duly given by its Members, the day and year first above written.

STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND The undersigned, a Notary Public in and for said County and State, does hereby certify that D. 120.1 ia h 1-1 \.1..:.C:F JJI , known to me or having provided satisfactory proof of his identity, personally came before me this day and acknowledged that he is Member/Manager of HOKE DEVELOPERS, LLC, a North Carolina limited liability company, and that by authority duly given and as the fact of the limited liability company, he executed the foregoing instrument on behalf of the limited liability company in the capacity indicated.

Witness my hand and official stamp or seal, this Cf+Y1 day of September, 2016.

Notary Public Book 6001 Page 750 EX1fti31T C PAT MCCRORY DONALD R. VAN DER \!AA.RT Water Resources D .. Ralph Huff, Manager Hoke Developers, LLC 2919 Breeze.wood Avenue1Suite404 Fayetteville, NC 28303 May26,2016 Subject Permit No. WQ0037803 MODIFICATION Hoke Developers, LLC Dear Mr. Huff: Gable Run Subdivision Private Pump Statfon Wastewater Collectloh System Extension New Hanover County S. JAY ZlMMf.RMAN In accordance with your application received April 29, 2.016, we are forwarding here.with Permit No.

WQ0037803 dated May 26, 2016 to the Hoke Develbpers, LLC (Permittee} for the construction and

.RMAN In accordance with your application received April 29, 2.016, we are forwarding here.with Permit No.

WQ0037803 dated May 26, 2016 to the Hoke Develbpers, LLC (Permittee} for the construction and operation upon certification of the subject Wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, shall void PermitN.o.WQ0037803 issyed June 9, 2015, considered a part of this permit and is therefore incorporated therein by reference.

Thls modification adds an additional 71 feet of 4·inch fore main due to a design change, Please pay particular attention to the followihg conditionscontai.ned within this permit: Special Conditions: Condition 1.1: This permit shall become voidable unless the agreement between the Ho~e Developers, LLC and the CFPUA for the collection and final treatment of \'Jastewater is in full force and effect. [15ANCAC 02T.0304(h)J Condition !.2: The Operational Agreement between the Permittee ahd the Environmental Managemeryt Cornmissiqo i.s incprporated herein by reference and shall be a condition of this permit Noncompliance with the terms bf the Operational Agreement shall subjectthe Permittee to all sanctions provided by North Carolina.General Statutes §143· 215.6A to §143-215.6C for violation of or failure to act in accordance with the terms ahd conditions Of this permit. [15A NCAC 02T.0115] 127 Cardinal Drive Extension, Wllmington, North Carolina 28405 Phone: .910-795-721S\ Internet: www.deg.nc.gqv An Equal Opportunity\ Affirmative Action Employer-'-Made In part by recycled paper Book 6001 Page 751

l Drive Extension, Wllmington, North Carolina 28405 Phone: .910-795-721S\ Internet: www.deg.nc.gqv An Equal Opportunity\ Affirmative Action Employer-'-Made In part by recycled paper Book 6001 Page 751 Condition 1.3: Each pump station shall be clearly and conspicuously posted using a weatherproof sign with the address., a pump station identifying name/number,· 24-Hour Emergency telephone number, and name ofthe owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency.

Simplex pump stations or vacuum sewer pits serving a single~family residence may have a placard or sticker without the address placedonthe control panel in lie.u of a sign. [15A NCAC 02T .0305{h)(2)] Standard Conditions: Condition !1.1: This permit shall not be automatically transferable; a request must be made and approved.

Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with lSA NCAC 2T .0403 or any individual system-wide collection system permit issued to the Permittee.

It shall be responsibility of the Permittee to ensure that the as-c<:mstructed project.meets the appropriate design criteria and rules. Failure to comply may result io penalties in accordance with North Carolina General Statute §143-215.GA through §143·215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional Engfneer to the licensing board.

If any parts, requirements, or limitations contained in this permitare unacceptable,. you have the rightto request an adjudicatory hearing upon written requestwithin 30 days following receipt of this permit. This

, requirements, or limitations contained in this permitare unacceptable,. you have the rightto request an adjudicatory hearing upon written requestwithin 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1508 of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699~6714. Unless such demands are made, this permit shall be final and binding.

If you need additional information concerning this matter, please contact Dean Hunkele at(910) 796-7215 or via e-mail at [email protected].

Sincerely, WaterQuality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Attachment: Operational Agreement (see original issuance) Cc: f!hillip Tripp, Tripp Engineering Carel Vandermeydeh, CFPUA W!RO,Water Quality Section -Wilmington Northside (NC0023965) Sewer Ext. File Central Files, Water Quality Section Michael Leggett, PERCS Unit (via email) Permit No. WQ0037803 Page Z of a Book 6001 Page 752 Environmenral Quality In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as arnended, and other applicable Laws, Rules, and Regulations; permission is hereby granted to the HOKE DEVELOPERS, llC NEW HANOVER COUNTY for the construction and ogeration upon certification of a 80-gaUon per minute pump station with duplex punips, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch as well as approximately 146 linearfeet of 4-inchforce main to serve 45 three­

punips, on-site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch as well as approximately 146 linearfeet of 4-inchforce main to serve 45 three­ bedroom lots as part of the Gable Run Subdivision project with no addrtlonaJ discharge (flow allocated under WQ0037804 issued to the CFPUA) of collected domestic wastewater into the CFPUA's existing sewerage system, pursuant to the modification application receivedApril 29, 2016 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit.

Tt1is permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein.

Permit Number: WQ0037803 Issued Today: May 26, 2.016 James Fi.-Gregson, Regional Supervisor Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ By Authority of the Director and The Environmental Management Commission Permit No. WQ0037803 Page3 of8 STA TE OF NORTH CAROLINA COUNTY OF New Hanover EX!l!!]IT C DEVELOPER'S OPERATJONAL A GREEM.ENT Book 6001 Page 753 (f, :: .

ThisAGREQ~ENTmadepursuanttoG.S.143-215.1 (dJ)andenteredintothis d-5::' dayof Commission, an agency of the State of North Carolina, hereinafter known as the COMMJSSION; and

Commission, an agency of the State of North Carolina, hereinafter known as the COMMJSSION; and Hoke Developers, 1,Lc . ·-, a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER.

WITNESS ETH: I. The DEVELOPER is the owner of the certain lands lying in New Hanover_ County, upon which it is erecting and \;viii erect dwelling units and other improvements, said development to be known 2. The DEVELOPER desires, to construct a wastewater collection system with pumps, waste\vater treatment works, and/or disposal foci Ii ties (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands.

3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143215. l to constrnct, maintain, and operate the Disposal System.

4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C or 47F of the North Carolina General Statutes.

5. The DEVELOPER has caused to be formed or \:vill cause to be formed at the time of filing of the Declaration, the (Unit Owners' Association) Gable Rt:n Homeowner• s Association (hereinafter Association), a non-profit corporation organized and existing under and by the virtue of the Jaws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the

of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re-constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; ~md of collecting dues and assessments to provide funds for such operation, maintenance, re-construction and repair.

constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein.

NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and lm.v.

2. The DEVELOPER shall not transfer ovmership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Water Resources has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylmvs and Declaration.

3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility

to the Association. The request must include a copy of the Association Bylmvs and Declaration.

3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor.

FORM: DEV 08-13 Page I of2 Book 6001 Page 754 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in c.onformity vvith law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bvlaws shall identifv the entire \:Vastewater treatment, collection .and disposal system as a common element ~1hich will receive .. the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance.

5. The DEVELOPER shall provide in the Declaration and Association Bylmvs that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct tbe Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget.

6. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for

he event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover suc.h necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time.

7. If a wastewater collection system and \Nastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater.

8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approv.ed by the COMlvrISSION by the issuance of a permit.

9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any

other entity acceptable to and approv.ed by the COMlvrISSION by the issuance of a permit.

9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System.

J 0. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State ofN01ih Carolina with the Articles ofincorporation of the Association.

IN WfTNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: (Date) 1 FORM: DEV 08-13 Hoke Developers, LLC D. Ralph Huff, Member Manager Print Name and Title 05/15/15 (Date) Page 2 of2