24/19 BOOK PAGE 1787 0 0 3 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS June SUPPLEMENTAL DECLARATION TO DECLARATION OF CONDOMINIUM (Original Declaration Recorded: Book 1730, Page 667) OLEANDER TRADE CENTER, A CONDOMINIUM, PHASE 2 2945 day of SUPPLEMENTAL DECLARATION, made this the 1994, by MARK L. MAYNARD and wife, ANNA U. MAYNARD, of the County of New Hanover, State of North Carolina, hereinafter referred to as "DECLARANT"; KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the Declarant is the owner of record of the fee simple title of certain real property located entirely in the City of Wilmington, County of New Hanover, State of North Carolina, which is more particularly described in Exhibit "A" hereto attached and incorporated herein by reference; and WHEREAS, the Declarant is the owner of the one (1) multi-unit building, and certain other improvements heretofore constructed upon the aforesaid property; and WHEREAS, it is the desire and the intention of the Declarant to market, sell and convey interests in the property and the improvements thereon as a condominium project for commercial use pursuant to the provisions of Chapter 47C of the North Carolina General Statutes, entitled "The North Carolina Condominium Act"; and WHEREAS, the real property described in Exhibit "A", attached hereto, is a portion of that real property described in Exhibit "D" attached to the Declaration of Condominium (sometimes hereinafter "Declaration"), recorded in Book 1730, beginning at Page 667, upon which and with which DECLARANT, or their successors and assigns, reserved the right and option to add and subject to the provisions of said recorded Declaration, as is set forth in Article III.
thereof; and WHEREAS, it is the desire and intention of the Declarant in
eserved the right and option to add and subject to the provisions of said recorded Declaration, as is set forth in Article III.
thereof; and WHEREAS, it is the desire and intention of the Declarant in the recordation of this Supplemental Declaration in the Office of the Register of Deeds of New Hanover County, North Carolina, to submit all of the real property and the improvements thereto, described in Exhibit "A" attached hereto, to the provisions of the said Chapter 47C, and specifically to the provisions of the above referenced recorded Declaration as Phase 2 of OLEANDER TRADE CENTER, A CONDOMINIUM.
000018 ARTICLE I.
Submission of Property Pursuant to the provisions of Chapter 47C of the North Carolina General Statutes, the Declarant does hereby submit all of the real property described in Exhibit "A" attached hereto together with all improvements thereon and described herein, to the provisions of the "North Carolina Condominium Act" of the State of North Carolina, which is codified as Chapter 47C of the General Statutes of the State of North Carolina.
In furtherance thereof, Declarant declares and affirms that the real property described in Exhibit "A", attached hereto, is a portion of the real property described in Exhibit "D" attached to the DECLARATION OF CONDOMINIUM which is recorded in Book 1730, beginning at Page 667 in the Office of the Register of Deeds of New Hanover County, North Carolina, and, therefore, by virtue of the exclusive right and option belonging to the Declarant, as reserved to them in Article III. of said Declaration, the Declarant further declares that all of the real property described in Exhibit "A" attached hereto and made a part hereof by reference, as well as all RETURNED TO Jmc JACKSON, MILLS & CARTER, P.A.
the Declarant further declares that all of the real property described in Exhibit "A" attached hereto and made a part hereof by reference, as well as all RETURNED TO Jmc JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 28402-0147 335366 1213 TAVE 1787 0032 of the improvements constructed thereon, is hereby subjected to and henceforth shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to each and every provision of those Articles of Covenants, Conditions, Restrictions, Uses, Limitations and Obligations which are set forth in that recorded Declaration referred to hereinabove, except as those provisions are necessarily altered or changed for this submission as set forth hereinbelow.
The real property described in Exhibit "A" attached hereto, is more specifically described on the map and plans recorded in Condominium Plat Book 10 at Pages 285-286 in the New Hanover County Registry.
Hereinbelow, Declarant has set forth those provisions of said recorded Declaration which of necessity must change for this submission, and has incorporated by reference those provisions which do not.
ARTICLE II.
Definitions 1. Except as hereinafter specifically defined, the definitions for the terms used in this Supplemental Declaration are the same as used in the said recorded Declaration (recorded in Book 1730, beginning at Page 667).
2. BUILDING shall mean and refer to the one (1) multi-unit building which the Declarant has constructed upon the real property described in Exhibit "A", to be used for commercial purposes, as hereinafter provided. Attached hereto and made a part hereof by reference is Exhibit "B", a survey of the real property showing the location of the building thereon and Exhibit "C" which consist of
as hereinafter provided. Attached hereto and made a part hereof by reference is Exhibit "B", a survey of the real property showing the location of the building thereon and Exhibit "C" which consist of a full and exact copy of the plans of the building. Said building is more particularly described in the plans of said building, showing all particulars as required by law. In general, the building has one (1) story, has approximately 3240 square feet with each Unit having approximately 609.5 square feet. There are no basements.
3. DECLARATION shall mean the Declaration of Condominium for Oleander Trade Center, a Condominium, Phase 1, which is recorded in Book 1730, beginning at Page 667, in the office of the Register of Deeds of New Hanover County, North Carolina.
4.
UNIT or CONDOMINIUM UNIT shall be defined as set forth in the original Declaration. The term UNIT or CONDOMINIUM UNIT shall also refer to any one of those subdivisions of enclosed space within the building, as set forth on the plans attached hereto as Exhibit "C". The five (5) units contained within the building are and will be identified by their unit designations, which are Unit 8, Unit 9, Unit 10, Unit 11 and Unit 12. These units and their designations are shown upon the plans of the building attached hereto as Exhibit "C", which also shows the layout, location, ceiling and floor elevations and dimension of the units. Reference is hereby made to said plans for the purpose of identifying and locating the five units, as well as identifying the dimension and approximate areas of the respective units.
5.
The term Supplemental Declaration shall mean and refer to this instrument.
ARTICLE III.
Plan of Development and Scope of Declaration The name by which the entire condominium project is known is
ts.
5.
The term Supplemental Declaration shall mean and refer to this instrument.
ARTICLE III.
Plan of Development and Scope of Declaration The name by which the entire condominium project is known is OLEANDER TRADE CENTER, A CONDOMINIUM. The Declarant, by this Supplemental Declaration, submits only the real property described in Exhibit "A", attached hereto, together with the improvements thereon, to the Act and hereinafter this submission shall be 2 JACKSON, MILLS & CARTER, P.A.
WILMINGTON. NORTH CAROLINA 28402-0147 BOOK 1787 .
PAGE 0033 referred to as OLEANDER TRADE CENTER, A CONDOMINIUM, PHASE 2.
Nevertheless, the Declarant hereby reserves to itself the exclusive right and option, but not the obligation, to add to or expand the property subject to the Declaration recorded in Book 1730, beginning at Page 667, referred to hereinabove, by the addition of all or any portion or portions of the remainder of the real property described in Exhibit "D" to said Declaration in one or more sections of OLEANDER TRADE CENTER, A CONDOMINIUM upon the terms and in the manner set forth in Article III. of said Declaration, which are incorporated herein by reference.
ARTICLE IV.
The Nature and Incidents of Unit Ownership Each unit shall be conveyed and treated as an individual real property capable of independent use and fee simple ownership, and the owner of each unit shall also own, as an appurtenance to the ownership of each said unit, an undivided interest in the common areas and facilities of OLEANDER TRADE CENTER, A CONDOMINIUM, all present phases and future phases, if any.
Pursuant to the provisions of Article III. of the Declaration recorded in Book 1730, beginning at Page 667, the Declarant does hereby establish those figures shown on Exhibit "D" hereto attached
any.
Pursuant to the provisions of Article III. of the Declaration recorded in Book 1730, beginning at Page 667, the Declarant does hereby establish those figures shown on Exhibit "D" hereto attached as the undivided fractional or percentage interest belonging to each unit owner of units in OLEANDER TRADE CENTER, A CONDOMINIUM, all phases. Declarant covenants with all unit owners of units in OLEANDER TRADE CENTER, A CONDOMINIUM, all phases, that the undivided fractional or percentage interest in the total common areas and facilities and limited and common areas and facilities, if any, of OLEANDER TRADE CENTER, A CONDOMINIUM, all phases, as stated hereinabove, was determined in a manner consistent both with the provisions of Article III. and Article IV. of the Declaration and with the Act.
ARTICLE V.
Incorporation Except as specifically set forth in this Supplemental Declaration, the Declaration as supplemented is hereby adopted in its entirety and incorporated herein by reference.
IN WITNESS WHEREOF, the Declarant has executed this document, the day and year first above written.
MARK L. MAYNARD Mayral.
(SEAL) (SEAL) ANNA U. MAYNARD 3 JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 28402-0147 1787 BOOK 0034 PAGE STATE OF TH CAROⱭ4 COUNTY OF NEW HANOVER RECORDED AND VERIFIED MARY QUE COTE REGISTER OF DEEDS NEW HANOVER CO. NC.
Ry '94 JUN 30 AM 10 22 I, a Notary Public in and for the State and County aforesaid, certify that MARK L. MAYNARD and ANNA U. MAYNARD, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and official stamp or seal, this the day of June, 1994.
29th под неши NOTARY PUBLIC My Commission Expires: 7/8/96 (AFFIX NOTARIAL SEAL) RITA 1 HENRY NOTARY
purposes therein expressed.
WITNESS my hand and official stamp or seal, this the day of June, 1994.
29th под неши NOTARY PUBLIC My Commission Expires: 7/8/96 (AFFIX NOTARIAL SEAL) RITA 1 HENRY NOTARY BRUNSWICK PUBLIC COUNTY G 4 JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 28402-0147 ENTO BOOK PAGE 1787 0035 JOINDER AND CONSENT OF TRUSTEE AND BENEFICIARY/MORTGAGEE CENTURA BANK, a North Carolina banking association and B.
MASON HAWFIELD, JR., as Substitute Trustee, join in the execution of this "DECLARATION OF CONDOMINIUM, OLEANDER TRADE CENTER, A CONDOMINIUM" for the sole purpose of subjecting, submitting and subordinating any and all right, title and interest in the property described herein, that they have, or either of them has, or may have, by virtue of that Deed of Trust recorded in Book 1647, at Page 390 of the New Hanover County Registry, said Declaration, and every provision hereof, and to the jurisdiction of OLEANDER TRADE CENTER, A CONDOMINIUM as the same may be amended or supplemented from time to time.
IN WITNESS WHEREOF, CENTURA BANK, a North Carolina banking association has caused this Joinder And Consent to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Executive Board, this the 30th day of 1994, and B. MASON HAWFIELD, JR., as Substitute Trustee, has hereunto set his hand and seal this the day of 30 June June 1994.
a Secretary (AFFIX CORPORATE SEAL) В таки B. MASON HAWFIELD, Substitute Trustee CENTURA BANK By: President Ve (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I. Sandra J. Coniglio I, a Notary Public of the County of New and State aforesaid, do hereby certify that B. MASON HAWFIELD, JR., Substitute Trustee, personally
OF NORTH CAROLINA COUNTY OF NEW HANOVER I. Sandra J. Coniglio I, a Notary Public of the County of New and State aforesaid, do hereby certify that B. MASON HAWFIELD, JR., Substitute Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and notarial seal this the 30th day of June 1994.
Sandra Coriglis Notary Public DRA Commission Expires: ELIX NOTARIAL SEAL) OVER COUNTY 5 JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 28402-0147 STATE OF NORTH CAROLINA COUNTY OF New HaNever BOOK PAGE 1787 0836 a Noi Catherine Public of said I, County and State, do hereby certify that Hill Sandra J. Coniglio , personally came before me this day and acknowledged that he/she is Asst. Secretary of CENTURA BANK, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal, and attested by himself/herself as its Asst. Secretary.
WITNESS my hand and 1994.
June notarial seal this 30th day of Sondra Corigli Notary Public My Commission Expires: 4-18-99 (AFFIX NOTARIAL SEAL) OTARY ANOVER STATE OF NORTH CAROLINA New Hanover County The foregoing Bite of Henry; Sandra Coniglia Notary (Notaries) Public is/are certified to be correct.
/OTC-5 C:SUB 30 This the _ by 6 day of _ Dune Mary Sue Oots, Register of Deeds Deputy/Asistent JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 26402-0147 19.
94 BOOK 1787 PAGE 0037 EXHIBIT "A" то DECLARATION OF CONDOMINIUM FOR OLEANDER TRADE CENTER (PHASE 2) BEGINNING at point which is located South 54 degrees 47 minutes East 30.0 feet, North 35 degrees 13 minutes East 50.0 feet and
BIT "A" то DECLARATION OF CONDOMINIUM FOR OLEANDER TRADE CENTER (PHASE 2) BEGINNING at point which is located South 54 degrees 47 minutes East 30.0 feet, North 35 degrees 13 minutes East 50.0 feet and North 88 degrees 42 minutes East 125.0 feet from a point in the Eastern right of way line of Hinton Avenue (30 feet from the center line). Said point in the Eastern right of way line of Hinton Avenue being located North 35 degrees 10 minutes East 251.41 feet and North 35 degrees 13 minutes East 159.36 feet as measured along the Eastern right of way line of Hinton Avenue from its point of intersection with the Northern right of way line of Oleander Drive.
(50 feet from the center line). Running thence from said beginning point North 88 degrees 42 minutes East 81.83 feet to a point.
Running thence South 01 degree 18 minutes East 20.0 feet to a point. Running thence North 88 degrees 42 minutes East 57.01 feet to a point. Running thence South 31 degrees 44 minutes West 156.23 feet to a point. Running thence South 88 degrees 30 minutes West 50.0 feet to a point. Running thence North 01 degree 30 minutes West 40.0 feet to a point. Running thence South 88 degrees 30 minutes West 14.0 feet to a point. Running thence North 04 degrees 04 minutes 31 seconds East 111.69 feet to the point of beginning.
Containing 0.337 acres, more or less. Same being part of Lot B, Redivision portion of Mrs. J. T. Vick Division as recorded in Map Book 31, at Page 344 of the New Hanover County Registry.
7 JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 26402.0147 BOOK PAGE 1787 0038 THIS MAP IS NOT A CERTIFIED SURVEY AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY EXHIBIT "B" L-864 يكيو JACK & STOCKS NEW HANOVER COUNTY
P.A.
WILMINGTON, NORTH CAROLINA 26402.0147 BOOK PAGE 1787 0038 THIS MAP IS NOT A CERTIFIED SURVEY AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY EXHIBIT "B" L-864 يكيو JACK & STOCKS NEW HANOVER COUNTY JACK & STOCKS CERTIFY THAT THE PLAT WIS DRAW UNDER MY SUPERVISION FROM AN ACTRL SURVEY NORTH CAROLI MADE UNDER MY SUPERVISION IDEED DESCRIPTION RECORDED IN BOOK PAGE THAT THE BOUNDARIES NOT SLAVETED ARE CLEARLY ROICATED AS DRAWN FROM FORMATION POLE IN BOCK PAGE THAT THE RATIO OF PRECISION AS CALCULATED 1:10000, THAT THIS PLAT WAS PREPARED IN ACCORDANCE SEAL THE &30 AS ANDDED WITNESS NALTRATION AND #JUN, 1976.
THIS PLATS OF A SURVEY OF AND PARCEL OR PARCELS OF LAND MACY & STOCKS NEW HANOVER COUNTY THE FORES CERTIFICATE OF EVONNETH, NOTARY PUBLIC OF NEW HANOVER COUNTY IS CERTIFIED TO BE CONNECT. PILED FOR PERSTRATION ON THE NORTH CAROL DAY OF _ ALC. ENTRATIONNEW CO LA ROTARY PUBLE OF THE COUNTY AND STATE APORE, CERTIFY THAT ARCH & STOCK ESTIONED LAND SURVEY PONALLY APPEARS BEFORE THIS DAY AND ACIONALEDIED THE EXECUTION OF THE PRESENT, WITHLAST HAND AND OFFICIAL STAMP OR SEAL, THE DAY Oriya, i zy IM SMITH" EVORNE NOTARY PUBLIC EVONNE METH NOTAAT PUB MY COMION OPRES 11/14/96 d.
•F BOOK & PAGE 31 HINTON 25.4 Reav OLEANDER DRIVE ..
AVENUE PLATT PROPATED FUTURE DEVELOPMENT 0.801 AC.1 14.95 DE ?? NO BOK SI ONION FLASH 1 CLEANESE TENTER CONDO BOOK 10 PACES 240-249 14.0 DIVISION OF PROPERTY FOR MRS. J.T. VICK MAT MC 11 US HWY #76 JACK G. STOCKS REGISTERED LAND SURVEYOR N.C. REGISTRATION NO. L-856 WILMINGTON, N.C.
PHASE 2 OLEANDER TRADE CENTER, A CONDOMINIUM 1 STORY BOCK & ROME) €1.45 FUTJES DEVELO PAST LOT ⑥ 5.p 15 MARY SUR OOPS TROP DE " MOLET LOCATION MAP MOT TO SCALE.
WEJ HENRY CERTIFY THAT ARE THE OWNERS OF THE PROPERTY
ER TRADE CENTER, A CONDOMINIUM 1 STORY BOCK & ROME) €1.45 FUTJES DEVELO PAST LOT ⑥ 5.p 15 MARY SUR OOPS TROP DE " MOLET LOCATION MAP MOT TO SCALE.
WEJ HENRY CERTIFY THAT ARE THE OWNERS OF THE PROPERTY SHOWN AND DESORD HEREON AND THAT THE HERGY ADOPT THE PLAN OFON WITH YOUR FREE CONTESTAR THE BULDON LINES AND DEDICATION OF ALL STREETS, ALLEYS WALKE, PARKE CONTERNATIOR SPACE AND OTHER AREAS TO PUBLIC OR PRIVATE AS NOTED ALL ROAD AND SAME CASEMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSES FURTHER E CERTIFY THE LAND AS SHOWN ON LOCATED WITHIN THE SUBSON APICTION OF NEW HIVER COUNTY 14 Mad & May MATE GWANDRES MOVER COUNTY APP OF THIS PLAT, LOTS SHOW ON SAID PLAT MAY NOT RECIDIVE HEALTH DEPARTMENT APPROVAL POR ON SITE MAGAL STATIONS, NÅR POR VIDUAL WATER UPPLYSTSTIL CERTIFICATION BY MATZKE THE UNDERMINED CHANETA OLAY RESTORED PO PRACTICE UNDER THE LAWS OF THE STATE OF NORTH CAROL HORY CERTURES THAT THE PLANE ENTITLED OLEANDER TRADE CENTES PREACHTED ON SHEET OF SURVEY MAP AND WTC PLAK HELYE OF FLOOR PLANS OF THE BULDOVOS ARE PILE WITH AND APPROVED BY NEW HANOVER COUNTY, THE PLANS FULLY AND ACCURATELY DEPICT PHE LAYOUT LOCATION CELL AND FLOOR CLEVATIONS PET HUGS AND DIMENSIONS OF THE UNTS ASJUT.
"CAROLIN" "OPEN" MATHE, PL NC MTRATION EXHIBIT SHEET OF 2 HARNETT TOWNSHIP NEW HANOVER COUNTY SCALE IN FECT NORTH CAROLINA 100 100 SCALE: 40 K DEVELOPED BY: MARK L. MAYNARD, P.O. BOX 5601 WILLINOTON N.C. 2010.
JUNE, 1994 BOOK PAGE 1787 0039 THIS MAP IS NOT A CERTIFIED SURVEY AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY EXHIBIT "C" MAY GOOK & PAGE 31.
-Z LEGENDI INDICATES BOUNDARY LINE OF UNITS ISUDICATED COMMON ELEMENTS STRUCTURAL BOUNDARIED FINISH FLOOR ELEVATION. 19.6 CEILING ELEVATION 20> UNIT ר 17-45 UNIT UNIT UNIT UNIT 10 TE 12 17'-6" 14'-30 14'-20 11'44 JACK G. STOCKS
NE OF UNITS ISUDICATED COMMON ELEMENTS STRUCTURAL BOUNDARIED FINISH FLOOR ELEVATION. 19.6 CEILING ELEVATION 20> UNIT ר 17-45 UNIT UNIT UNIT UNIT 10 TE 12 17'-6" 14'-30 14'-20 11'44 JACK G. STOCKS REGISTERED LAND SURVEYOR N.C. REGISTRATION NO. L-856 WILMINGTON, N.C.
PHASE 2 OLEANDER TRADE CENTER, A CONDOMINIUM FLOOR PLAN PHADE?
OLEANDER TRADE CENTER A CONDOMINIUM EXHIBIT SHEET 2 OF 2 HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA 10 SCALE IN FEET 20 30 40 50 SCALE: 140 JUNE, 1984 DEVELOPED BY: MARK L MAYNARD, PO BOX 560, WILMINGTON, NC. 28403 LOCATION MAP MOT TO SCALE EXHIBIT "D" TO SUPPLEMENTAL DECLARATION FOR PASEANDER TRADE CENTER, A CONDOMINIUM PHASE 2 BOOK 1787 0040 PERCENTAGE OF UNDIVIDED INTEREST IN THE COMMON AREAS UNIT NO.
1 (Phase 1) 8.3333 2 (Phase 1) 8.3333 3 (Phase 1) 8.3333 4 (Phase 1) 8.3333 5 (Phase 1) 8.3333 6 (Phase 1) 8.3333 7 (Phase 1) 8.3333 8 (Phase 2) 8.3333 9 (Phase 2) 8.3333 10 (Phase 2) 8.3333 11 (Phase 2) 8.3333 12 (Phase 2) 8.3333 8 JACKSON, MILLS & CARTER, P.A.
WILMINGTON, NORTH CAROLINA 26402-0147