HomeMy WebLinkAboutDraft CovenantsTHIS DECLARA
ROCKFORD PARTNERS
principal office and place of
hereinafter referred to as the
WITNESSETH:
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SUNSET REACH
ON, is made this day of , 2008 by
L.L.C., A North Limited Liability Company with its
business in New Hanover County, North Carolina,
Declarant;
WHEREAS, Declar t is the owner of certain property in the County of New
Hanover, State of North Carolina, which is more particularly described on Exhibit "A"
attached hereto and made a part hereof by reference;
WHEREAS, Declara' t is creating on the above -described property a planned
residential community to be own as Sunset Reach; and
WHEREAS, Declararit desires to provide for the preservation and maintenance of
the common elements and for certain other responsibilities in connection with Sunset
Reach and to this end desires to subject real property described above, together with such
additions or annexed properties as may hereafter be made thereto, to the covenants,
conditions, restrictions, and asements, hereinafter set forth, each and all of which is and.
are for the benefit of the pro erty comprising Sunset Reach and each owner thereof.
NOW, THEREFO the Developer hereby declares that all of the properties
described herein shall be held, mortgaged, sold and conveyed subject to the following
covenants, conditions, restrictions, and easement, which are for the purpose of protecting
the value and desirability of, and which shall run with the real property and be binding on
all parties having any right, title or interest in the described properties or any part thereof,
their heirs, successors and a signs, and shall inure to the benefit of each Owner thereof.
SECTION 1. "Ass(
Owners Association, Inc., a
assigns. The Association sl
ARTICLE I
DEFINITIONS
iation" shall mean and refer to Sunset Reach Property
orth Carolina non-profit corporation, its successors and/or
l not expire but shall survive in perpetuity.
SECTION 2. "Sunset Reach" shall mean and refer to that certain real property
hereinabove described which is herein made subject to this Declaration and such
additions thereto as many he eafter be brought within the jurisdiction of the Association
SECTION 3. "Com on Elements" or "Common Area" shall mean (i) certain
bermes, fencing, entrance, septic pump line easements, special purpose lot, and
landscaping easements located therein; and (ii) retention or detention ponds, bio-retention
areas, and other improvemer is located thereon (collectively, "Common Elements") in
Sunset Reach, including all z dditional phases to Sunset Reach, and all other real property
and interests in real property (including easements and open spaces) owned by the
Association for the common use and enjoyment of the Owners.
Declarant reserves the right, in its sole discretion, to convey from time to time
additional property to the As 3ociation, and the Association shall accept any such
conveyance of additional pr perty, and thereafter such additional property shall be held
and maintained by the Association as Common Elements.
Improvements on the Common Elements may include, but shall not be limited to,
landscaping, roadways, entr ce and subdivision signs, retention and detention ponds,
bio-retention areas, offsite s tic fields, erosion control devices within common areas and
adding septic easements if
SECTION 4. "Loy"
of size, as shown on a recon
reserves the right to reconfi€
or the Members of the Asso
and to thereby create additc
Elements. If Declarant elec
lots owned. by Declarant, Df
Upon the recording by Deel
recorded plat or plat, the boi
to be a "Lot" as defined in tl
revised plat shall be a "Lot"
SECTION 5. " L
facilities for one or more
ary.
hall mean any separately numbered plot of land, regardless
�d subdivision map of Sunset Reach. Declarant hereby
ire, from time to time and without the consent of the Owners
ation, the boundaries of any lot or lots owned by Declarant
al lots, eliminate existing lots, or create additional Common
to exercise its right to revise the boundaries of wie or more
larant shall record a revised plat of the affected lot or lots.
ant of such a revised plat, each lot shown on the previously
tdaries of which are revised by the revised plat, shall cease
s Declaration and each newly configured lot shown on the
s defined in this Declaration.
Unit" shall mean a residence containing sleeping
and a kitchen.
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SECTION 6. "Memer" shall mean and refer to every person or entity entitled to
membership with voting rights in the association.
SECTION 7. "Own r" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is part of Sunset Reach,
including contract sellers, bul excluding those having such interest merely as security for
the performance of any obligation.
SECTION 8. "Declarant" shall mean and refer to Rockford Partners, L.L.C., as
well as its successors and assigns, if Declarant shall make an express conveyance to such
successor or assign of its rights as Declarant hereunder, all of which rights may be
assigned.
SECTION 9. "Board of Directors" or "Board" means those persons elected or
appointed. to act collectively s the directors of the Association.
SECTION 10. "Byl ws" shall mean the bylaws of the Association as they now
or hereafter exist.
An
Section 1
may be after acquired into
required for such action, rf
ARTICLE II
and Planned Unit Development
herein retains the right to annex additional property that
Subdivision. No approval of the Association shall be
of the time frame this may occur.
Section 2. Developer herein retains the right to create a Planned Unit
Development at a later date which Subdivision shall automatically become a part of. Nc
further action on the part of Developer or Association shall be required, and no approval
of Association shall be required to do so.
ARTICLE III
COMMON ELEMENTS OWNERSHIP AND MAINTENANCE
SECTION 1. Members Easements of Enjoyment. Subject to the provisions of
Section 3 of this Article, every Member shall have a non-exclusive right and easement of
enjoyment in and to the Common Areas, and such easement shall be appurtenant to and
shall pass with the title to every Lot.
SECTION 2. T
itself, its successors and a,,,
last lot in Sunset Reach is
limited warranty deed, fee
Common Areas. The Developer hereby covenants for
is, that on or before twelve (12) months from the date the
veyed to an Owner, it will convey to the Association, by
ple title to the Common Areas, subject, however, to all
liens and encumbrances of r0ord and to the following covenant, which shall be deemed
to run with the land and shall be binding upon the Association, its successors and assigns.
In order to preserve a d enhance the property values and amenities of the
community, the Common Areas and all facilities now or hereafter built or installed
thereon shall at all times be maintained in good repair and condition and shall be operated
in accordance with high standards, by the Developer, and upon conveyance the
Association. The maintenan e and repair of the Common Areas shall include, but not be
limited to, the repair of damage to pavements, roadways, walkways, outdoor lighting,
buildings, if any, recreational equipment, if any, fences, storm drains and sewer and water
lines, connections and appurtenances.
This Section shall no be amended so as to eliminate or substantially impair the
obligation for the maintenan e and repair of the Common Areas.
SECTION 3. Exteni of Members Easements. The rights and easements
created hereby shall be subje t to the following:
(a) The right of the Developer, and of the Association, to dedicate, transfer or
convey all or any part of the Common Areas, with or without
consideration o any successor association, governmental body, district,
agency or aut ority, or to any utility company, provided that no such
dedication, transfer or conveyance shall adversely affect the use of the
Common Ares by the Members of the Association;
(b) The right oft e Developer and of the Association, to grant and reserve
easements and right-of-way through, under, over and across the Common
Areas, for the installation, maintenance and inspection of lines and
appurtenances for public or private water, sewer, drainage, fuel oil and
other utilities nd services, including a cable (CATV) or community
antemla television system and irrigation or lawn sprinkler systems, and the
right of the Developer to grant and reserve easements and rights -of -way
through, overand upon and across the Common Areas for the completion
of the Develo ment, including the sale and development of properties
adjacent to the Subdivision, whether or not made subject to the provisions
hereof, and for the operation and maintenance of the Common Areas as
well as public walking trails;
(c) The right of visitors, invitees, etc., to ingress and egress in and over those
portions of the Common Areas that lie within the private roadways,
parking lots and/or driveways (and over any other necessary portion of the
Common Areas in the case of landlocked adjacent Owners) to the nearest
public highway;
(d) The right of toe Association, as provided herein and in its by-laws, to
suspend the e joyment rights of any Member for any period during which
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any assessme t remains unpaid. Provided, however, that the right of a
Member to ingress and egress over the roads and/or parking areas shall not
be suspended;
(e) The right oft e Association, as provided herein and in its by-laws, to
suspend the e joyment rights of any Member for any infraction of its
published rule s and regulations. Provided, however, that the right of a
Member to ingress and egress over the roads and/or parking areas shall not
be suspended;
(e) The rights of t e Association, in accordance with law, and its Articles of
Incorporation and by-laws, to borrow money for the purpose of improving
the Common reas and in pursuance thereof to mortgage the same.
SECTION 4. Delell4tion of Rights.,
i hts. Any owner may delegate, in accordance
with the by-laws of the Association, his right of enjoyment to the Common Areas and
facilities to his employees, tenants, invitees or licensees.
SECTION 5. Addit'onal Structures. Neither the Association nor any Owner or
any group of Owners shall, without the prior written approval of Developer, erect,
construct or otherwise locate any structure or other improvement in the Common Areas.
SECTION 6. RULVS AND REGULATIONS: The Association shall have the
power to formulate, publish and enforce reasonable rules and regulations concerning the
use and enjoyment of the Common elements. Such rules and regulations shall be
maintained in a place reasonably convenient to the Members and available to them for
inspection during normal business hours.
SECTION 7. REG LATION OF USE OF COMMON ELEMENTS: The
Association shall have the power to limit the number of guests, to regulate hours of use,
and to curtail any use or uses of the Common Elements it deems necessary for the best
interest of Members or the Dr tection of the facilities.
SECTION 8.
The Declarant may d
area of Sunset Reach for the
construction. Declarant rese
alienable, and releasable ens
entrance area, to erect, main
bermes and entrance. Such i
to provide or maintain such
The Association
Elements, special purpose 1
i and construct bermes along roads and at the entrance
;fit of the lot owners. Declarant will pay the cost of
unto itself, its successors/assigns/agents, a perpetual,
it or right to go on, over and under any bermes and the
and use suitable equipment to erect and maintain the
shall not create any obligation on the part of Declarant
es or entrance.
be responsible for the maintenance of all Common
the entrance to the Subdivision and any bermes in said
Subdivision, and said Associ tion is hereby granted the right to enter upon the lots where
the special purpose lot, entrance, common elements or bermes are located for the
maintenance of same. Declarant reserves the right to determine whether and to what
extent any additional landscaping is required on the bermes, entrance area and Common
Elements.
The property owners f any such .lots whereupon a berme, entrance or Private
Sewer Line Access and Maintenance Easement is located shall not place any item of a
permanent nature upon said berme, entrance or Private Sewer Line Access Easement
which the owner does not wish to remove at owner's expense, nor shall Owner landscape
a berme or entrance area with out the written permission of Declarant and/or the
Association. The property o ner shall be responsible for any expense incurred by the
Declarant and/or Association in removing any items built into or upon offsite septic
pump line easements, berme or entrance by the property owner and/or repairing any
damage caused to the offsite septic pump line easements, the offsite septic pump lines, a
berme or entrance as a result of property owner's actions. Such cost will be added to the
Owner's annual assessments and Declarant and/or the Association shall have the right to
recover any such unpaid cost , together with attorney's fees, court costs and interest
pursuant to this declaration.
The Association shall
be responsible for the maintenance of any retention or
detention ponds, bio-retentionareas,
and all adjoining common areas, as well as any
erosion control devices located
within common areas. in accordance with the directions
of the governmental office having
jurisdiction for watershed protection. In addition, any
amendments relating to the o
ership or maintenance of any such ponds or bio-retention
areas shall first be reviewed and
approved by the governmental office having jurisdiction
for watershed protection prior
to recording.
The Association shall
be responsible for the government of all landscape
easements located with SUNSET
REACH. No Owner may cut down or remove any tree
located within such landscape
easements, and no Owner may construct or place any
permanent improvement within
such landscape easements, without the prior written
approval of the Association.
The Association shal be responsible for the maintenance of all fencing
constructed by Declarant alo g bermes and within landscaping easements with SUNSET
REACH.
The Association shall be responsible for the maintenance of all Common
Elements designated as special purpose lot within SUNSET REACH, except that the
maintenance of all drain fines and equipment as may be located within such Common
Elements shall be the responsibility of the appropriate Owner. The Association shall also
be responsible for the mainte ance of all septic pump lines located within septic line
maintenance easements in SWNSET REACH.
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In the event the
any of its maintenance oblig,-
Owners of record of the Lots
severally liable for any and a
SECTION 8. DEC
limitations of any nature as
All of SUNSET
described in Section 72 be]
restrictions and easements:
iation is dissolved or ceases to exist or otherwise defaults in
lions as hereinabove set forth, then in such event the
at the time of the required maintenance shall be jointly and
1 costs associated thereto.
kRANTS USE OF COMMON AREA: There shall be no
the declarants uses of common areas or amenities.
ARTICLE IV
RESTRICTIONS
H, except for Lot 42 as shown on said plat and as
shall be subject to the following covenants, conditions,
Nection 1. Contormity and Approval of Structures. No structure, fence,
sidewalk, wall, drive or other improvement shall be placed or altered on any Lot except
in accordance with the provisions of this Declaration.
subdivided except as herein,
or projections of any kind, s
building lines as hereinafter
Section 3.
nothing shall prevent the con
such cases, the Developer me
Owner or Owners of any Lot,
subsequently wish to revert t(
combination which would no
written consent of the Develc
adjoining Lot Owners, or oth
on or interfere with such Lot
Developer who may expressl
Lot in the Subdivision does n
successor or assign.
Section 4. Alt(
Where because of size, natui
Developer, it should be to th
the building lines of any Lot
successors and assigns, and 7
conditions. The Developer
of change of building lines b
established.
of Lot - Easements and Encroachments. No Lot shall be
r provided and no building or residence, including porches
. be erected so as to extend over or across any of the
iblished.
ize of Lots. Lot or Lots may not be subdivided, however,
)ination of two or more Lots for a single building site. In
alter the building or setback lines to conform. Should the
which have been combined for a single building site
the original plan of the Subdivision, or make any other
be in violation of this restriction, may be done only if the
rer is first had and obtained. In such instances, the
r Owners in the Subdivision shall not have the right to pass
arrangement. Such rights shall be exclusively that of the
have transferred such rights, but the purchaser of any other
t, by virtue of his status as a purchaser, become any such
Lines in the Best In
d terrain, or any other reason in the sole opinion of the
best interest of the Development of this Subdivision that
)e altered or changed, the Developer reserves unto itself, its
o other, the right to change said lines to meet such
)ecifically reserves the right to transfer and assign this right
the Architectural Control Committee hereinafter
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Section 5.
residential purposes exclusi`
erected, altered, placed or pe
single family residence cons
provided, however, that notl
Developer from maintaining
Subdivision for the purpose
Use of Lots. All Lots shall be used for single family
y. No structures, except as hereinafter provided, shall be
fitted to remain on any Lot other than one (1) detached
cted in accordance with the Plans and Specifications,
g contained herein shall be construed to prevent the
ie or more model homes and/or sales offices in the
selling property in the Subdivision.
Section 6. Maintenance of Lots. It shall be the responsibility of each Lot Owner
to prevent the development of any unclean, unsightly, or unkempt condition of buildings
or grounds on such Lot whick shall tend to substantially decrease the beauty of the
neighborhood as a whole or the specific area. Every Owner shall maintain the structures
and grounds on each Lot at all times in a neat and attractive manner. Upon the Owner's
failure to do so, the Association may, at its option after giving the Owner ten (1.0) days
written notice sent to his last known address, or to the address of the subject premises,
have the grass, weeds, shrubs and vegetation cut when and as often as the same is
necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot
and replaced, and may have ny portion of the Lot re -sodded or landscaped, and all
expenses of the Association tinder this Section shall be a lien and charge against the Lot
on which the work was done and the personal obligation of the then Owner of such Lot.
Upon the Owner's failure to maintain the exterior of any structure in good repair and
appearance, the Association ay, at its option after giving the Owner thirty (30) days
written notice sent to his last known address, make repairs and improve the appearance in
a reasonable and worlananlil e manner. The cost of any of the work performed by the
Association upon the Owner's failure to do so shall be immediately due and owing from
the Owner of the Lot to the 6 ssociation and shall constitute an assessment against the Lot
on which the work was perfo med, collectible in a lump sum and secured by the lien
against the Lot as herein provided. Any Owner may choose to perform maintenance on
his own yard that would normally be the responsibility of the Association, but in no
event, shall such Owner bee titled to any offset or deduction in his assessments for
performing such maintenanc . The Association is hereby granted a perpetual easement
across each Lot for the purposes of carrying out its responsibilities under this Section.
Section 7. Nuisance:
any Lot, nor shall anything 1
amloyance or a nuisance to i
on any Lot or within the De,
animals (other than househc
existence of which is in any
as may diminish or destroy 1
Owner thereof.
service shall be placed
overhead. Provided, h
No noxious or offensive activity shall be carried on upon
done thereon tending to cause embarrassment, discomfort,
neighborhood. No trash, leaves or rubbish may be burned
.opment nor shall there be maintained any plants, poultry,
pets) or device or thing of any sort, the normal activities or
ay noxious, dangerous, unsightly, unpleasant or of a nature
: enjoyment of other property in the neighborhood by the
of Above Ground Utilities. All electrical and telephone
;round and no outside electrical lines shall be placed
that the normal service pedestals, etc., used in conjunction
with such underground utiliti s shall be permitted within the Development. Overhead
utilities shall be permitted'du ing the construction period and until utility companies can
place them underground.
Section 9. Satellite D'shes. Satellite dishes shall not be placed in the front of the
property. Properly maintained satellite dishes may be placed at the rear of the property
with the prior approval of the Developer. Upon the Developer's selling of all the Lots in
the Subdivision, this right of approval shall be transferred to an architectural review
board of the Association.
iti6n Against Business Activi
business activity, including b
shop, antique shop, professio
whatsoever shall be carried o
contained herein shall be con
on said Lots or the showing c
Subdivision. Nothing herein
from erecting, place or maint
for its operation and sales in
contained shall prevent the D
and marketing signs in coma
shall any Lot or structure be
structure as a "time-sharing"
Section 1.1. Minin
in boring for oil or natural
premises, nor shall any oil,
materials of any kind be pr
garbage receptacles or simila
established by the Developer
Developer, which shall be vi:
garbage or trash incinerator s
other disposal of garbage on
be permitted, notwithstandin;
facilitating development. Pr(
the requirements of this Sect:
bodies.
Use. No
not limited to, a rooming house, boarding house, gift
it office or beauty shop or the like or any trade of any kind
upon a Lot or Lots. Provided, however, that nothing
rued so as to prohibit the construction of houses to be sold
said houses for the purpose of selling houses in the
call be construed to prevent the Developer or its agents
ning signs, structures and offices as it may deem necessary
e Subdivision. Provided, however, that nothing herein
/eloper or its agents from erecting and maintaining sales
n areas. No Lot or structure shall be "Time-shared", nor
vned, used or operated so as to constitute such Lot or
.it within the meaning of such statutory provisions.
1 Drilling. No derrick or other structure designed for use
shall be erected, placed or permitted upon any part of the
ural gas, petroleum, asphalt, or hydrocarbon products or
ced or extracted from the premises.
)isposal. Each Lot Owner shall provide underground
facilities in accordance with reasonable standards
or roll -out garbage containers of the type approved by the
ible from the streets on garbage pick-up days only. No
call be permitted upon the premises. No burning, burying or
my Lot or Lots within the Subdivision or Development shall
Declarant's right to burn underbrush for the purpose of
vided, however, that Owner shall be permitted to. modify
:)n where necessary to comply with orders of governing
Section 13. Easemen for Utilities. The Developer reserves unto itself, its
successors and assigns a perpetual alienable, 10-foot easement and right of ingress and
egress over, upon, across and under each Lot and Common Areas for the erection,
maintenance, installation and use of electrical and telephone wires, cables, conduits,
sewers, water or other public convenience or utilities, including an easement for privately
owned television and other c mmunications cable and equipment, and the Developer may
I
further cut drain ways for sur ace water when such action may appear to the Developer to
be necessary in order to main .ain reasonable standards of health, safety and appearance.
These easements and rights e pressly include the right to cut any trees, bushes or
shrubbery, make any grading of soil, or to take any other similar action reasonably
necessary to provide an economical and safe utility or other installation and to maintain
reasonable standards of health, safety and appearance. It further reserves the right to
locate wells, pumping station , and tanks within residential areas on any walkway, or any
residential Lot designated for use on the applicable plat of the residential Subdivision, or
to locate same upon an adjac nt Lot with permission of the Owner of such adjacent Lot.
Such rights may be exercised by the licensee of the Developer but this reservation shall
not be considered an obligation of the Developer to provide or maintain any such utility
service. No structures, including walls, fences, paving or planting shall be erected upon
any part of the property which will interfere with the rights of ingress and egress
provided for in this paragraph. Provided, however, that such easements and rights, shall
be restricted to the roads, streets, alleys and easements as shown and designated on the
applicable plat or plans of the Development.
Section 14. Tem ora Structures. No structure of a temporary character shall be
placed upon any Lot any time, provided., however, that this prohibition shall not apply to
shelters used by the contractc r during construction of the main dwelling house, it being
clearly understood that the la ter temporary shelters may not, at any time, be used for
residence or permitted to remain on the Lot after completion of construction. No shack,
tent, barn, bus -body, junked vehicle, tree house or other similar vehicle, out -building or
structure shall be placed on any Lot any time either temporarily or permanently.
Section 15. Stora e Receptacles. No fuel tanks or similar storage receptacles
may be exposed to view, and may be installed only within the main dwelling house or
buried underground. Any exterior air conditioning or heating units shall be screened
from view from all Common Areas and adjacent Lots.
Section 16. Replattim of Lots. No Lot's boundary lines shall be changed, except
as herein provided. However, the Developer hereby expressly reserves to itself, its
successors and assigns the right to replat any two or more Lots owned by the Developer
shown on the plat of said Subdivision prior to delivery of the deed therefor in order to
create a modified building L t or Lots. The restrictions and covenants herein apply to
each such building Lot so cr ated or recreated.
premises so as to be visible
Section 18. Water S
permitted upon the premises
purposes only, which shallov
the pump and the covering of
prior to installation.
No clothesline or drying yards shall be located upon the
any Common Area or from any adjoining Lots.
stems. No individual water supply system shall be
,vith the exception of a shallow well to be used for irrigation
well shall be approved in writing in all respects, including
screen thereof by the Developer, its successors or assigns,
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19. Off -Stye t Parking. Adequate off-street parking shall be provided by
the Lot Owner herein for the parking of automobiles or other vehicles ova -led by the
Owner and the Owner agrees not to park his automobile or other vehicles on the streets or
Common Areas to the Subdivision. No travel trailers, campers or other habitable motor
vehicles of any kind, whether self-propelled or not, school buses, or commercial vehicles,
or boat trailers or boats shall be kept, stored or parked overnight, either on any Common
Area, specifically including streets, or any Lot, except within enclosed approved. garages
or sheltered from view from neighboring Lots, or Common Areas or as otherwise
permitted herein. The Archit ctural Review Board must approve any boat or camper to
be housed on the property, outside of the garage. Vehicles may not block any sidewalks
when constructed.
Section 20. Sewer S stem. The developer herein grants an easement to each lot
for use of the off site septic field as shown on exhibit "B" attached hereto. The purchaser
of each Lot assumes responsibility for the construction of their lines, and are required
upon construction of their horne to stub up underneath the house, and prepare it to be
connected to public sewer sy tem with gravity flow, at such time as it is available.
Developer maintains all ownership of the offsite septic fields, and at such time as public
sewer is available to the subdivision the easement granted herein will automatically
expire with no further action required by any party. Association bears the sole
responsibility of maintenance of said system and for insuring the septic system is in
accord with all governmental requirements. Repairs to system are the sole responsibility
of the owner of the lots which are using said system. For the purpose of this section,
public sewer system shall men either governmental system or a private system with
which Declarant may choose to negotiate services with. Declarant may negotiate for this
regardless of whether or not i owns any lots, notwithstanding the septic lots, in the
subdivision at that time. Each lot owner is required to pay all fees and perform all work,
at their expense, associated ith connection to water and sewer for their lot.
1. Exclusioip of Street Curbs and Sidewalks. All streets within the
Subdivision are to be paved and no sidewalks are to be constructed along the streets
without prior written approval of the developer or the Association.
Section 22. Nothing in this Declaration shall be construed to prohibit the
Association from constructing, operating and maintaining a facility for use as its office
and headquarters, for the ben fit of the Association and its Members.
Section 23. Once
improvements must be su
commencement.
Section 24. All str
substantially new material
Lot.
ruction of improvements is started on any Lot, the
tially completed within six (6) months from
..es constructed or placed on any Lot shall be built of
no used structures shall be relocated or placed on any such
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Section 25. No animE
household pets, shall be kept
any noise or odor objectionat
Common Area unless under t
maintain pets on the Lots for
leash or within yard fences w
Section 26. No
shall be permitted to be
development must be ci
authority.
Section 27. No trash,
accumulated or permitted to i
days.
Section 28. All
properly maintained by the
ditch runs, no building or s
feet from the drainage ease
Association, and must be k
or livestock of any description, except the usual
any Lot. No pet shall be allowed which shall produce
to any other Owner, nor shall any pet be allowed on any
direct control of an Owner. No Owner shall breed or
nmercial purposes. All dogs and cats must be kept on a.
1 outdoors.
, partially wrecked, or junk motor vehicle or part thereof,
or kept on any street or Lot. All vehicles kept in the
registered and licensed with the appropriate state
garbage or other refuse shall be dumped, stored,
on any Lot for a period of more than .fifteen (15)
;e ditches outlining the perimeter of the property shall be
mer. In the case of any Lot along which such a drainage
ture shall be built within 9 feet of the property line (i.e., 4
it). Stormwater drainage areas shall be maintained. by the
in compliance with all governmental requirements.
Section 29. Fences w ich are to be placed in the front of homes must receive
prior approval from the Deve oper. In no event shall any chain -link or cyclone fence be
permitted. All fences constri icted on Lots must be approved by the Architectural Review
Board prior to installation.
Section 30. All Owners' drives and parking spaces must be paved and each paved
parking area for a two -car garage must be at least 16 by 25 feet and each paved parking
area for a single -car garage must be at least 8 by 25 feet.
Section 31. All €
unsightly. All vegetable
Section 32. All front
include only cutting of grass
garden created by homeowni
maintained by individual ho
Section 33. There
Subdivision except from c
must be well kept and properly cultivated. so as not to be
s must be in the rear of the property.
ards shall be maintained by the association. This shall
id trimming of existing trees and shrubbery. Any flower
must be approved by Developer/Association and must be
be no access to any Lot on the perimeter of the
ated roads within the Subdivision.
Section 34. Each Lot Owner shall provide a paved area for parking two (2)
automobiles off the street pri r to the occupancy of any dwelling constructed on said Lot.
12
Section 35. The ownership of the recreational amenities, if any, within the
property shall be in the Association or its successors, grantees, or assigns and the use and
enjoyment thereof shall be on such terms and conditions as the Association, its
successors, grantees or assigns, shall from time to time prescribe.
Section 36. Each suc ' grantee also agrees, by such acceptance, to assume all the
risks and hazards of ownership or occupancy attendant to the ownership of such Lot,
including but not limited to, if s proximity to any recreational facility or Common Area.
Section 37. Without
two inches (2") in diameter
intentionally damaged on an,
construction or safe mainten
unless such tree is diseased c
this restriction occurs agrees
with a tree of comparable sit
Section 38. Without
following materials may be i
Subdivision.:
)eveloper's prior written consent, no tree which exceeds
d ten feet (10') in height shall be cut, removed or
Lot or Common Area, unless such tree interferes with. the
ice of improvements on such Lot or Common Area or
dead. The Owner of any Lot upon which a violation of
3 promptly (within 30 days after notice) replace such tree
eveloper's written consent being first obtained, only the
:d in the exterior construction of residences in the
(a) Cedar, fir, pine, redwood, spruce, weathered wood, standard vinyl siding,
aluminum sidi rig or brick veneer. Foundations must be built of brick,
stucco, concre e, or block. All foundation specifications must in. with
county approval.
(b) For the roofs of residences in the Subdivision, only architecture fiberglass
three tab shingles or timber line shingles may be used. Shingles must be
rated as 25 year shingles or better. Metal or rolled roofing may be used.
(c) No material y be left unpainted or unpreserved. All colors must be
approved by the Developer or, after all lots are sold, by the architectural
review board.
Section 39. No property owner or individual shall alter in any way any common
property or Common Area (except with the written permission of the Association
provided that such activity is required for the benefit of the Association or the
Subdivision as a whole).
Section 40. Pools, sps, jacuzzis, and hot tubs may be allowed on individual lots
with approval of the Architectural Review Board and all required governmental permits.
In no event at any time may any above ground pools be placed on lots.
Section 41. AM
development must be an
Builders. Any company building a home in the
ved builder. At this time the sole approved builder is
13
Rockford Partners, Inc. App owed builders may be added from time to time through an
amendment to this declaratio .
Section 42. No use o any non -street -legal motorcycles or mini -bikes or "go--
karts" shall be permitted in the Development at any time.
Section 43. No lot which has frontage on the river may construct a private pier or
dock from their lot. An easei ient to all riparian rights is herein reserved to Developer in
order to create a community ocking system. In the event that the community dock is not
approved within two years of the signing of this document, the owners of the river
frontage lots may then, and only then, apply for CAMA permits to construct their own
private docks or piers.
Section 44. No lot w1fich has frontage on the river may in any way construct or
maintain any drain pipe or gr ding on their lot which will allow for water runoff to
discharge directly into the riv r. All drains must feed into the on site retention ponds.
Section 45. Declarant herein maintains an easement to continue to use wells
currently in existence on particular lots. This easement shall cease at such time that
either construction begins on that particular lot, or that it becomes an impediment to
construction commencing.
Section 46. No comrr. ercial vehicles shall be parked on any lot or any common
area. This shall not exclude commercial vehicles in the course of business from parking
in the development. However, no resident shall be allowed to park his/her commercial
vehicle in the Development.
Section 47. Use of R
Clubhouse and any other rec
rules shall result in loss of ac
Such loss of access shall not
SECTION 48. C
reational Amenities. All rules for use of the Pool,
itional amenities shall be adhered to. Violation of said
ss for a period of time to be set by the Board of Directors.
sult in reduction of annual assessment due.
OVAL OF STRUCTURES. No
structure, fence, sidewalk, w 1, drive or other improvement shall be placed or altered on
any Lot except in accordance lwith the provisions of this Declaration.
SECTION 49. SUI
ENCROACHMENTS. No
building or residence, includ
to extend over or across any
SECTION 50.
except for residential purpose
subdivision unless used temp
living quarters. No building
any lot other than a detached
ON OF LOT —
W.
t shall be subdivided except as hereinafter provided and no
porches or projections of any kind, shall be erected so as
the building lines as hereinafter established.
JSE AND BUILDING TYPE. No lot shall be used
No mobile homes or campers shall be permitted in said
rily as a construction office and they are not to be used as
11 be erected, altered, placed or permitted to remain on
gle family dwelling not to exceed two and one-half
14
stories in height above groun level. No lot shall be permitted to be subdivided. This
section notwithstanding, Declarant may, upon amlexation of adjacent properties into a
Planned Unit Development, may designate future acquired lots for multi family or
commercial purposes.
SECTION 51. DWELLING. No residential dwelling on any Lot shall be
constructed on any Lot which has a fiilly enclosed floor area of the main structure
devoted to living purposes (e),, elusive of roofed or unroofed porches, decks, terraces,
garages and carports) of less t an 2400 square feet for lots 8-22, ow less than 1800 square
feet for lots 23 through 38.
SECTION 52. SET
be erected on any Lot nearer 1
front line abutting on a street)
including all roof overhangs c
to the rear of the Lot, provide
with applicable New Hanover
or structure shall be erected v
further, that the requirements
Developer, its successors and
otherwise work a hardship up
or more natural features of thi
front lots in accordance with 1
SECTION 53.
maximum built upon surface
maximum amount of impervi
SECTION 54.
a. No building
Declarant by a written
BACK LINES. No dwelling or structure of any kind shall
ian Twenty -Five feet (30') to the front line of the Lot (the
Five feet (5') to the adjacent Lot on either side of the Lot
other areas overhanging the foundation and Ten feet (10')
1, however that erection of dwellings and structures comply
County code and, further provided, that no such dwelling
:thin the right-of-way of any public utilities, and provided,
)f this paragraph may be released in whole or in part by the
rssigns, in its sole discretion in the cases that would
in Lot Owners or would result in substantial damage to one
Lot. There may additional setback restrictions for water
'AMA regulations.
VIOUS SURFACE RESTRICIONS. Each lot will have a
. in accordance with governmental restrictions. The
surface for each lot shall be 4350 square feet.
TI
be located. on any lot except on the site approved by the
b. For the purpos s of this covenant, decks, steps and open porches shall not
be considered as a part of a bi ilding, provided however, that this shall not be considered
to permit any portion of a bui ding on a lot to encroach upon another lot.
C. All foundatioi
Rockford Partners, L.L.C. in
become scarce, Rockford Par
approval for alternate materi;
materials to be used.
d. All siding
otherwise approved by R
construction building ma
must be brick or approved masonry veneer as approved by
riting. However, should construction building materials
ers, L.L.C. may elect to approve alternate materials. Any
must be made in writing and must specify the type of
als must be brick or approved masonry veneer as
d Partners, L.L.C. in writing. However, should
become scarce, Rockford Partners, L.L.C. may elect to
15
approve alternate materials.
writing and must specify the
SECTION 55.
asphalt, as approved by
SECTION 56.
and maintenance of utilities
plat. Within these easemen
permitted to remain which r
of utilities, or which may of
channels. The easement are
easements, shall be rmaintai
improvements for which a f
shall make the final determi
easement.
approval for alternate materials must be made in
of materials to be used.
AYS. All driveways shall be paved with concrete or
Partners, L.L.C. in its sole discretion.
MENTS. Drainage easements, easements for installation
rid sight easements are reserved as shown on the recorded
no structure, planting or other material shall be placed or
ty damage or interfere with the installation and maintenance
ruct or retard the flow of water through natural drainage
of each lot, including, but not limited to drainage
;d continuously by the lot owner except for those
)lic authority or utility company is responsible. Declarant
ition as to any maintenance and landscaping upon said
Rockford Partners, L.L.C. reserves unto itself, the Association, and its successors
and/or assigns, the inalienable right to establish additional easements upon any lot or lots
within the subdivision for access to and use of any emergency septic fields within the
subdivision Common Elements, provided that such easement does not render such lot
unsuitable for building pursu r
to these Restrictions and to New Hanover County
ordinance.
SECTION 57. NUISANCES. No noxious or offensive activity shall be carried
on upon any Lot, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the nei2hborhood.
SECTION 58. TEMPORARY STRUCTURES. No structure of a temporary
character, trailer, tent, shack, Drarage, barn, or other outbuilding shall be used on any Lot
at any time as a residence, either temporary or permanently.
SECTION 59. LANDSCAPING.
a. All Lots must be landscaped within thirty (30) days after occupancy of the
dwelling located thereon. The landscaping must be consistent with other homes in the
Subdivision. The Declarant sfiall have the final decision as to whether the Lot has been
landscaped in accordance wit the covenants and restrictions.
b. The Declarant shall have the final decision as to whether any additional
landscaping is required on any Common Elements. The Association shall be responsible
for the maintenance and upkeep of the Common Elements.
C. Grading must
the express written permissic
A impede the natural flow of water from lot to lot without
of the Declarant.
16
SECTION 60. SIGN . No sign of any kind shall be displayed to the public
view on any lot except for one professional sign of not more than six square feet
advertising the property for sae or rent; however, this provision is subject to the
following exceptions:
a. Signs used by t�e Declarant to advertise during the construction
and sales perio must not exceed thirty-two (32) square feet.
b. Only one Modc 1 Home shall be permitted for the development.
Declarant shall make the determination as to which home will be
the developme is Model Home. No signs advertising model homes
shall be permitted on any lot except for the lot designated by the
Declarant as th development's Model Home.
C. Temporary "Open House" signs of not more than six square feet
shall be permiti ed to be displayed on the day or days such open house
shall be held, b it shall be removed when the open house is not being
conducted.
SECTION 61. USE OF PROPERTY. No lot or the building thereon shall be
used for business, manufacturing, or commercial purposes, nor shall any animals or fowl
be kept or allowed to remain on said property for commercial or breeding purposes, or
which create a nuisance or am oyance to any lot owners.
SECTION 62. GA AGE RECEPTACLES. No property within this
subdivision shall be used or maintained as a dumping ground for rubbish, trash, or other
waste, nor shall yard waste be dumped upon vacant lots. All waste shall be kept in
sanitary containers, and all incinerators or other equipment for the storage or disposal of
such waste material shall be k pt in a clean sanitary condition. The Declarant or its agent
shall have the right to enter i
any grass, weeds, trees, etc.,
Declarant or its agent, to be
this restriction, then the cost
upon the lot until paid as her
SECTION 63. OUT
to receive direct broadcast sE
eighteen inches (18") or less
programming services via M
television broadcast signals,
transmission or receiving to)
permission of the Declarant.
receive the intended signal,
1 any lot or area to remove such waste or cut and. remove
any lot or area deemed by public authority or the
ightly. If the Declarant performs the work to comply with
ill be borne by the lot owner and the cost shall be a lien
after set forth.
JDE ANTENNAS. Except for "dish" antennas designed
lite service, including direct -to -home satellite service,
diameter, antennas designed to receive video
)S (wireless cable) and antennas designed to receive
outside antennas or satellite dishes and no free standing
s shall be erected on any Lot without the prior written
ccept as may be otherwise reasonably required in order to
antenna or satellite dish erected on any Lot shall be
17
affixed to the dwelling, shall be a color which blends with its surrounds, shall have a mast
only as high as reasonably necessary to receive the intended signal and shall not be
visible from any street.
SECTION 64. EXTIERIOR PAINT COLORS. All exterior colors must be
approved in writing by the D�clarant.
SECTION 65. BOATS, TRAILERS TRACTOR-TRAILORS
MOTORIMOBILE HOMES. No trailers, tractor -trailers, motor homes or mobile
homes, or inoperable, uninsured, unlicensed vehicles shall be parked on or in front of any
lot unless parked inside an enclosed garage area. All cars or other vehicles must be
parked in the garage or on th driveway. Any vehicle parked in the driveway must be
licensed, insured and operabl .
SECTION 66. MAILBOXES. All mailboxes and posts must be uniform in
design and color. Contact Rockford Partners, L.L.C. for the mailbox and post design.
SECTION 67. UT'I ITY BUILDINGS OUTBUILDINGS SHEDS. Anyone
desiring to place a utility building, shed or other outbuilding on a Lot must meet with the
Declarant to obtain the Decl ant's express written approval of the location and design of
such outbuilding. Declarant'3 written approval must be obtained prior to placing,
erecting, or altering an outbuilding on any lot. All outbuildings must be constructed
with substantially the same material nad with the same colors as the house on said
Lot. No -prefabricated outbuildings shall be permitted within SUNSET REACH.
SECTION 68.
unless shielded from all
SECTION 69. PL
HOUSES. No play sets, s
placed or build on any Lot
SECTION 70. PRO
must be buried underground
this Declaration. Neither De
in any manner for any defec-
SECTION 71, ROA
that have been or will be buill
North Carolina Department o:
may be petitioned by the Dev
program once required occup;
pavement until such time that
are acquired by NC D.O.T. fo
agreement to maintain said pa
No trampolines shall be placed upon any Lot
)h 1 J, N w1N G SETS, JUNGLE GYMS, PLAY
sets, jungle gyms, play houses or similar items shall be
)ut the prior written approval of the Declarant.
'ANE 'TANKS. Any propane tanks or other storage tanks
ad the site must be properly landscaped in accordance with
eloper, its subsidiaries, agents or assigns shall be held liable
in the tank, site preparation, use or otherwise. ,
) MAINTENANCE. All streets within the subdivision
by the Developer are constructed and designed to meet
Transportation (D.O.T.) Standards in order that said streets
:loper for acceptance into the NC D.O.T. Maintenance
ncy levels are reached. Developer shall maintain street
Developer petitions for D.O.T. maintenance and the streets
maintenance. Under no circumstances shall such
✓ement prohibit the Developer from seeking legal action to
collect for damages to pavement or rights -of -way caused by negligence or willful
destruction of others.
SECTION 72 LOT 42. The current owners, heirs, and assigns of lot 42 shall not
be subject to any of the restrictions or covenants herein, and shall not be required, at any
time in the future, to pay any assessments to the association. However this lot shall enjoy
all benefits and use of all common areas and facilities of Sunset Reach regardless of
when built or acquired. The shall be no vote, at any time to alter this arrangement.
This shall be appurtenant to 4nd run with this lot.
SECTION 73. RIVtRFRONT LOT
All lot owners shall follow NC D.O.T. guidelines in the maintenance of the
portion of street right-of-way that connects their lot to the paved street, including but not
limited to keeping that portio a of their lot in the right-of-way free of unauthorized
landscaping, filling, grading, debris, objects and/or materials. All lot owners shall
immediately comply with aq requests made by Developer on behalf of NC D.O.T. in
order to get the streets accept d by NC D.O.T. for maintenance.
Should any lot owner fail or refuse to comply with the Developer's requests :for
removal of objects or improper landscaping, filling or grading within the right-of-way
within the prescribed time established by Developer in a written request to the lot owner,
Developer then reserves the r ght to remove said items or repair the landscaping, filling
or grading to its original condition and shall place a lien on said property for all expenses
incurred, including legal fees.
Should any lot owner Dr owners interfere with Developer's petition for NC
D.O.T. road maintenance, orshould they in any way obstruct the acceptance of the roads
into the State road system, said owner or owners shall be liable for any and all expenses
incurred by Developer, its successors and/or assigns, for court costs, attorneys fees, road
maintenance expenses, and any other damages caused by such interference and/or
obstruction. Furthermore, sai owner or owners, their successors and/or assigns, shall
thereafter be fully responsibl for continuing road maintenance until such time as the
roads are accepted by NC D.O.T. for maintenance.
SECTION 1. ARC_
Committee consisting of thr
replacements) by the Declai
ARTICLE V
CONTROL
ITEUTURAL COMMITTEE. An architectural
(3) or more persons shall be appointed (including their
t to review building/development plans and initial
19
construction. At such time as
or following notice in writing
term is defined in the North C
unable to perform such functi
Directors of the Association.
SECTION 2. PURI
discretion to regulate the ex1
the site of all initial construc
improvements thereon, inch
enviromnental values and to
natural vegetation and topog
SECTION 3. PLAN
istruction has been completed on Dwellings on all Lots,
Declarant or Declarant's personal representative (as that
lina General Statutes) that Declarant is unwilling or
the Committee shall be appointed by the Board of
SE. The Architectural Committee shall have sole
tal design, appearance, use, location and the orientation on
n and subsequent additions to all Lots and of
ig but not limited to landscaping and exterior finishes and
aintain a hannonious relationship among structures and the
)hy.
Fin
(a) APPROVAL F INITIAL IMPROVEMENTS REQUIRED BY
ROCKFORD PARTNERS,L.L.C. No site preparation or initial construction, erection,
or installation of any improvements, including, but not limited to, Dwelling Units,
outbuildings, driveways, fences, walls, swimming pools, tennis courts, signs, television
antennas, mailboxes, pot lamr s and other structures, or additions, or excavation, or
changes in grade shall be undertaken upon any Lot unless the plans and specifications
therefore, showing the nature, kind, shape, height, materials, and location of the proposed
improvements shall have beeti submitted to and expressly approved in writing by
Rockford Partners, L.L.C. N9 approval shall be required, however, for any
improvements made by the: D clarant.
After the date of the c mpletion of the initial improvements to a Lot (which is
herein defined as being the date of the first occupancy of the Dwelling Unit initially
constructed on the Lot), plans and specifications for subsequent improvements shall be
submitted for approval to the Architectural Committee, as herein provided in
subparagraph (b) below, rather than to Rockford Partners, L.L.C.
In the event of the dis olution of Rockford Partners, L.L.C. or its failure to act in
the capacity herein provided, fhen at any time hereafter any approval as herein required to
be obtained from Rockford P rtners, L.L.C. shall be obtained by the Architectural
Committee as herein
Rockford Partners, L
and authorization to approve
Association obtains control c
specifically and definitively
discretion, to approve Dwell:
over to the Association, free
the Association.
in subparagraph (b) below.
..C. reserves the right, at its discretion, to retain full power
he initial dwelling on lots not built upon at the time the
the Covenants and Restrictions. Rockford Partners, L.L.C.
;serves the right to have exclusive authority, at its
gs on Lots owned by it at the time the Covenants are turned
rid clear from authority by the Architectural Committee or
20
(b) APPROVAL
REQUIRED FROM ARCHITECTURAL
COMMITTEE AFTER COMPLETION
OF INITIAL IMPROVEMENTS. After
the date of the completion of
the initial improvements to a Lot (as defined in (a) above),
no subsequent alteration o.: modification
of existing improvements or construction,
erection or installation of old
itional improvements may be undertaken or allowed to
remain without the review a
d express approval in writing of the Architectural
Committee.
SECTION 4. EFFECT OF FAILURE TO APPROVE OR DISAPPROVE.
In the event that Rockford Partners, L.L.C. or the Architectural Committee, as the case
may be, fails to approve or disapprove any of the foregoing within thirty (30) days after
plans and specification therefore have been submitted and received (receipt being
hereinafter defined), approva will not be required, and the requirements of this Article
shall be deemed to have beeri fully satisfied; provided, that the plans and specification
required to be submitted shal not be deemed to have been received by an officer of
Rockford Partners, L.L.C. or the Architectural Committee, as the case may be, if they
contain erroneous data or fai to present full and adequate information upon which
Rockford Partners, L.L.C. or he Architectural Committee, as the case may be, can arrive
at a decision.
For purposes of this Section 3, plans and specifications will not be dee.ned to
have been "received" unless an officer of Rockford Partners, L.L.C. or a member of the
Architectural Committee, as 1he case may be, either acknowledges in writing such receipt
or the plans and specifications are sent by certified or registered mail to Rockford
Partners, L.L.C. or a member of the Architectural Committee, as the case maybe, and a
return receipt is received ack#owledging the receipt thereof by such member.
Neither Declarant, nor any member or manager of the Declarant, nor any member
of the Association's Board of Directors, nor any member of the Architectural Committee,
shall be responsible or liablein any way for any defects in any plans or specifications
approved by them, nor for any structural defects done according to such plans or
specifications. Further, neith r Declarant, nor any member or manager of the Declarant,
nor any member of the Association's Board of Directors, nor any member of the
Architectural Committee, shall be liable in damages to anyone by reason of mistake in
judgment, negligence, misfeasance, malfeasance or nonfeasance arising out of or in
connection with the approval or disapproval or failure to approve or disapprove any such
plans or specifications or the xercise of any other power or right provided for in this
Declaration. Every person who submits plans or specifications for approval agrees, by
submission of such plans and specifications, and every owner of any Lot agrees, that he
or she will not bring any actic n or suit against Declarant, nor any member or manager of
the Declarant, nor Rockford artners, L.L.C. or its subsidiaries, nor any member of the
Association's Board of Direc ors or Architectural Committee, to recover any such
damage.
SECTION 5. RI(sH'
have the right, at its election,
JF INSPECTION. Declarant, its agents or assigns, shall
enter upon any of the Lots in Sunset Reach during
21
preparation, construction, erection, or installation of any improvements to determine that
such work is being performed in conformity with the approved plans and specification. If
such work is not being perfoimed in conformity with the approved plans and
specification, such work shal I immediately cease upon verbal or written notice by
Declarant for approval and n work shall commence until such approval is expressly
made in writing by Declarant.
SECTION 6. MAINTENANCE., The maintenance of Lots and the Dwelling
Units located thereon and other improvements constructed thereon shall be the duty and
responsibility of the Owner of such Lot and shall not be the responsibility of Declarant or
the Association. If, however, in the opinion of Declarant or the Architectural Committee
or the Association any Owner shall fail to discharge his or her repair, maintenance or
upkeep responsibilities in a responsible and prudent manner to a standard harmonious
with that of other Lots in Sunset Reach, the Declarant, Architectural Committee or
Association, at its discretion, and following ten (10) days' written notice to the Owner,
may enter upon and make or cause to be made maintenance work or repairs as may be
deemed by said persons to be reasonably required. Declarant, Architectural Committee
or the Association, shall have an easement upon any lot for the purpose of accomplishing
the foregoing. The costs incurred rendering such services plus a service charge of twenty
percent (20%) of such costs, shall be added to and become a part of the assessments to
which such Lot is subject.
SECTION 7. ORIG:
herein contained shall in any
member of the Declarant to ci
Lot, and no approval shall be
Committee for any such consi
�L IMPROVEMENTS BY DECLARANT. Nothing
7 prevent or interfere with the right of the Declarant or a
truct the original improvements desired by them on any
uired for Rockford Partners, L.L.C. or the Architectural
tion.
ARTICLE VI
P AND VOTING RIGHTS
ARTICLE II
Section 1. Developer herein retains the right to annex additional property that
may be after acquired into the Subdivision. No approval of the Association shall be
required for such action, regardless of the time frame this may occur.
Section 2. Developer
Development at a later date w
further action on the part of D
of Association shall be require
'rein retains the right to create a Planned Unit
h Subdivision shall automatically become a part of. No
eloper or Association shall be required, and no approval
to do so.
22
Section 1. Memberst
is subjected by the Declara.ti<
Association. Membership sb
ownership of any Lot, which
Ri
membership.
Class A. Class A Mei
Members shall be enti
required for membersl
such interest or intereE
exercised as such pers
vote be cast with resin
Class B. The sole Cla
shall be entitled to fou
for membership under
cease and become con
first of either of the fo
Every person or entity who is an Owner of any Lot that
to assessment by the Association shall be a Member of the
I be appurtenant to and may not be separated from
subject to assessments.
The Association shall have two classes of voting
bers shall be all Owners except the Developer. Class A
ed to one vote for each Lot in which they hold the interest
p by Section 1 above. When more than one person holds
s in any Lot, the vote attributable to such Lot shall be
us mutually determine, but in no event shall more than one
to any such Lot.
B Member shall be the Developer. The Class B Member
votes for each Lot in which it holds the interest required
section 1 of the Article. The Class B membership shall
�rted to Class A membership upon the occurrence of the
3win2 two events:
1. When the total votes outstanding in the Class A membership equal or
exceed the total votes outstanding in the Class B membership (Lots shall
include any additional phases which Developer might bring under the
terms of this agreement) or
2. Three years
the Developer t
om the date of the first sale of a lot in the development by
an individual lot owner.
ARTICLE VII
ASSESSMENTS
SECTION 1. CREATION OF THE LIEN AND PERSONAL
OBLIGATION FOR ASSESSMENTS. The Owner of any Lot subject to the
provisions of this Declaration, by acceptance of a deed therefore, whether or not
expressed in any such deed, is deemed to covenant and agree to pay to the Association:
(a) Annual
(b) Special asse
fixed, established,
or charges as herein provided;
tents for capital improvements, such assessments to be
collected from time to time as hereinafter provided,; and
23
(c) To the appropriate governmental taxing authority, a pro rata share of ad
Valorem taxes levied against the Common Elements, and a pro rata share of
Assessments for public improvements to or for the benefit of the Common
Elements if the Association shall default in the payment of either or both for a
Period of six (6) mont s.
All annual and special assessments on a Lot, together with interest thereon and
costs of collection thereof as liereinafter provided, shall be a charge on the land and shall
be a continuing lien upon the property against which each such assessment is made. Each
such assessment, together with interest and costs, and reasonable attorney's fees (as
provided in North Carolina G neral Statutes 6-21.2) incurred by the Association in
collecting delinquent assessments shall also be the personal obligation of the person or
entity who was the owner of s ach Lot at the time when the assessment became due. The
personal obligation of any Owner for delinquent assessments shall not pass to his
successors or assigns in the tit e unless expressly assumed by such successor or assign.
SECTION 2. PURPOSE OF
(a) The assessnien
s levied by the Association shall be used exclusively for
the purposes of the general en
iancement and promotion of Sunset Reach, including
without limitation the recreation,
health, safety and welfare of the Owners in Sunset
Reach, the enforcement of thee
covenants and the rules of the Association, and in
particular, the improvement a
d maintenance of the Common Elements, including
without limitation, the maintenance
of any dedicated streets which are not accgpted for
maintenance by the appropriate
governmental authority, the maintenance of entrance
ways, landscaping and lightingof
Common Elements, the cost of operating, maintaining
and repairing any offsite septi
pump lines, street lights or signs created by the
Association or the Declarant, I
he payment of taxes assessed against the Common
Elements, the payment of assessments
for public capital improvements levied Against the
Common Elements, the maintenance
of liability and other insurance and for such other
needs consistent with this Dec
aration as may arise, the employment of attorneys and
other agents to represent the Association
when necessary, the provision of adequate
reserves for the replacement of
capital improvements, the payment of management fees
and such other needs as may arise.
In addition, the assessments shall be used as required
or deemed appropriate by the
ssociation for the repair and/or maintenance of the
permanent wet detention or re
ention ponds. Repairs and maintenance shall include, but
not be limited to, the costs of repairs,
replacements and additions, the cost of labor,
equipment, materials, management
and supervision. Assessments shall also provided for
the procurement and maintenance
of insurance in accordance with the By -Laws of the
Association, the provision of
dequate reserves for the replacement of major structures
incorporated into the permane
t wet detention or retention ponds, and such other needs as
may arise.
(b) 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 op rating and managing Sunset Reach, or to the proper
24
undertaking of all acts and di,
Articles of Incorporation and
assessments are paid to the A
with monies paid to the Asso,
common surplus, including o
profits derived therefrom sha:
no Member of the Associatio
any manner transfer his mem
Lot. When an Owner shall cf
divestment of ownership of I
required to account to such O
or which may have been paid
Owner has paid to the Associ
which may be used in the ope
SECTION 3.
ies imposed upon it by virtue of this Declaration, the
he By -Laws of the Association. As monies for any
sociation by any Owner, the same may be commingled
iation by the other Owners. Although all funds and
ier assets of the Association, and any increments thereto or
be held for the benefit of the members of the Association,
shall have the right to assign, hypothecate, pledge or in
ership interest therein, except as an appurtenance to his
ise to be a member of the Association by reason of his
s Lot, by whatever means, the Association shall not be
vner for any share of the funds or assets of the Association,
o the Association by such Owner, as all monies which any
tion shall be and constitute an asset of the Association
and management of Sunset Reach.
(a) To and including December 31, 2008, the annual assessment for
each Lot shall be $1200.00 and shall be collected annually at the time of the conveyance
of each Lot by Declarant. There shall be no assessment for any Lot owned by Declarant.
Thereafter, the maximum annual assessment shall be established by the Board of
Directors as an amount reaso tably and prudently necessary to fund the Association's
performance of its duties under this Declaration, under any agreement to which the
Association is a party, and under any applicable law. The maximum annual assessment
may be increased by the Boar I of Directors without approval by membership by an
amount not to exceed ten per ent (10%) of the maximum annual assessment of the
previous year; and
(b) After December 31, 2008, the annual assessment may be increased
without limit by the assent oftwo-thirds (2/3) of the votes of the members who are voting
in person or by proxy at a meeting called for such purpose.
(c) At any
at an ai
SECTION 4. SPEC
portion of the Common Elen
guests, tenants, licensees, agf
authorized to repair such dan
necessary for such repairs, la
become a special assessment
SECTION 5. SPEC
IMPROVEMENTS. In adc
Association may levy one or
purpose of defraying the cost
the Board of Directors may fix the annual assessment
t not in excess of the maximum.
ES
In the event any
is damaged or destroyed by an Owner or any of his
or family members, the Association is hereby
;d area in a good and workmanlike mamner. The amount
and material including a twenty percent (20%) fee, shall
in the Lot of said Owner.
XL ASSESSMENT FOR CAPITAL
.ion to the annual assessments authorized above, the
..-lore special assessments applicable to that year for the
of construction or reconstruction, unexpected repair, or
25
replacement of a capital imp
necessary fixtures and perso:
assessment shall have the as:
voting in person or by proxy
the foregoing, the Associatic
defray costs necessary to ma
Elements.
vement upon the Common Elements, including the
1 property related thereto, provided that any such
it of two-thirds (2/3) of the votes of the Members who are
a meeting duly called for this purpose. Without limiting
may levy special assessments that may be necessary to
Lain the water quality of any ponds on the Common
SECTION 6. NOTICE AND QUORUM FOR ANY ACTION
AUTHORIZED UNDER SECTIONS 3 AND 5. Written notice of any meeting called
for the purpose of taking any action authorized under Sections 3 or 5 shall be sent to all
Members not less than fifteen (15) days nor more than sixty (60) days in advance of the
meeting. At the first such in eting called, the presence of Members or of proxies entitled
to cast fifty percent (50%) of all the votes of the membership shall constitute a quorum.
If the required quorum is not present, another meeting may be called subject to the same
notice requirement, and no quorum shall be required at the subsequent meeting. No such
subsequent meeting shall be 1peld more than sixty (60) days following the preceding
meeting.
SECTION 7. EFFECT
OF NONPAYMENT OF ASSESSMENTS;
REMEDIES OF THE ASSOCIATION.
Assessments authorized by this Declaration
shall be due and payable on the
dates established by the Board of Directors from time to
time. Fees, fines, and other cliarges
authorized by this Declaration shall be due and
payable thirty (30) days after
written notice thereof from the Association to an Owner.
Any assessment, fee, fine, or
)ther charge not paid within thirty (30) days after the due
date shall bear interest from the
due date at the rate of twelve percent (12%) per annum.
The Association may bring an
action at law against the Owner personally obligated to
pay the same or foreclose the
lien created herein against the property in the same mamler
as prescribed by the laws of the
State of North Carolina for the foreclosures of Deeds of
Trust. Interest, costs and reas
nable attorney's fees for representation of the Association
in such action or foreclosure
hall be added to the amount of such assessment. No Owner
may waive or otherwise esca
e liability for the assessment provided for herein by non-
use of the Common Elements
or abandonment of his Lot, nor shall damage to or
destruction of any improvem
nt on any Lot by fire or other casualty result in any
abatement or diminution of tl
assessments provided herein.
SECTION 8. EFFE T OF DEFAULT IN PAYMENT OF AD VALOREM
TAXES OR ASSESSMENTS FOR PUBLIC IMPROVEMENTS BY
ASSOCIATION. Upon defa It by the Association in the payment to the governmental
authority entitled thereto of any assessments for public improvements or ad valorem taxes
levied against the Common E ements, which default shall continue for a period of six (6)
months, each Lot Owner in S nset Reach shall become personally obligated to pay the
taxing or assessing govermne tal authority a portion of such unpaid taxes or assessments
in an amount determined by d viding the total taxes and/or assessments due the
governmental authority by thel total number of Lots in Sunset Reach. If such sum is not
paid by the Lot Owner within hirty (30) days following receipt of notice of the amount
26
due, then such sum shall beco ne a continuing lien on the Lot of the then Owner, his
heirs, devisees, personal representatives and assigns, and the taxing or assessing
governmental authority may either bring an action at law or may elect to forec]ose the
lien against the Lot of the O er.
SECTION 9. SUBORDINATION
OF THE LIEN TO MORTGAGES AND
AD VALOREM TAXES._ T
ie lien of the assessments provided for herein on any Lot
shall be subordinate to the liei
L of any first mortgage or first deed of trust on such Lot,
and subordinate to ad valorerr
taxes. The sale or transfer of any Lot shall not affect the
assessment lien; provided, ho
vever, that the sale or transfer of any Lot pursuant to a.
decree of foreclosure on a first
mortgage or first deed of trust thereon or any proceeding
in lieu of foreclosure thereof shall
extinguish the lien of such assessments, fees, fines or
other charges 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, fees, fines or other
charges thereafter becoming due
or from the lien thereof, but the liens provided for herein
shall continue to be subordin
e to the lien of any first mortgage or first deed of trust.
SECTION 10. EXE PT PROPERTY. Any portion of Sunset Reach dedicated
to, and accepted by, a local p blic authority and all properties owned by a charitable or
nonprofit organization exemp from taxation by the laws of the State of North Carolina
shall be exempt from the assessments created herein; provided, however, no land or
improvements devoted to use s a Dwelling shall be exempt from said assessments.
SECTION 11. RESI
in establishing the annual bud
Reach, may designate therein
replacement or any extraordir
the Common Elements (Capil
Capital Improvement Fund, sr
and maintain a sum reasonabl
extraordinary repairs or mains
the Capital Improvement Fun
Association and such money
Common Elements. Any inte
may, in the discretion of the I
current operation and mainter
Fund, and any increments the
benefit of the members of the
right to assign, hypothecate, >
therein, except as an appurten
Fund shall not be subject to v
SECTION 12. EN'
500 dollars per Lot payable
and by any party to whom t
WE FUND. The Board of Directors of the Association,
-t for operation, management and maintenance of Sunset
sum to be collected and maintained as a reserve fiend for
ry repairs or maintenance of any capital improvements to
. Improvement Fund). The amount to be allocated to the
11 be established by the Board of Directors so as to collect
necessary to anticipate the need for replacements or
aance in Common Elements. The amount collected for
may be maintained in a separate account by the
.all be used only to make capital improvements to the
-st earned on monies in the Capital Improvement Fund
,ard of Directors of the Association, be expended for
nce. Although the funds held in the Capital Improvement
to or profits derived therefrom, shall be held for the
Lssociation, no member of the Association shall have the
,dge or in any manner transfer his membership interest
Ice to his Lot. The funds held in the Capital Improvement
hdrawal by an Owner.
X ASSESSMENT. There shall be a one-time entry fee of
Association on the day of conveyance by the Developer,
property is transferred thereafter.
27
SECTION 13. PRi
Dollars placed in escrow w:
construction is commenced
reftinded to buyers.
SECTION 1. WALI
be subject to such easements
facilities, gas liens, telephone
cables, and other utilities, ing:
established or hereinafter are
or by the recording of a plat d
Association, and the Declarar
power and authority to grant
the Common Elements.
SECTION 2.
hereby reserves such
reasonably necessary for (i) t;
including, without limitation,
additional property and (ii) tli
additional property, should. D
TRESS ENERGY FEE. There shall be a fee of 2380
the developer at such time as the lot is purchased. If
thin 48 months of the time of purchase, this money shall be
ARTICLE VIII
EASEMENTS
i, DRIVES, UTILITIES, ETC. Common Elements shall
>r walkways, water lines, sanitary sewers, stone drainage
end electric power lines, television antenna lines and
;ss, egress and regress and otherwise as shall have been
3tablished by the Declarant, whether by express easement
dication or otherwise establishing an easement. The
so long as it owns a Lot in Sunset Reach, shall have the
id establish further easements upon, over, under and across
LINTS S RESERVED BY DECLARANT. Declarant
> on, across and over the Common Elements as shall be
exercise by Declarant of any right herein reserved,
►eclarant's right, should Declarant elect, to annex
development by Declarant, its successors and assigns, of
Jarant elect not to annex the additional property,
including, without limitation, asements for ingress, egress and regress over private roads
and streets now or hereafter erected in Sunset Reach and easements for the use of all
utility lines, fixtures and/or their connections located within the Common Elements for
the purpose of providing water, light, power, telephone, sewage and sanitary service to
the additional properties.
Declarant further reserves unto itself, its successors and assigns, and its agents, a
perpetual, alienable, and reaso able easement or right to go on, over and under any
bermes and the entrance area, to erect, maintain, and use suitable equipment to erect and
maintain the bermes and entrance. Such rights shall not create any obligation on the part
of the Developer to provide orlmaintain such bermes or entrance.
Declarant reserves un
and/or assigns, the perpetual a
any Lot or Lots within the sub
fields within the subdivision C
render such Lot unsuitable for
County ordinances.
itself, the Homeowners Association, and its successors
ad inalienable right to establish additional easements upon
division for access to and use of any emergency septic
ommon Elements, provided that such easement does not
building pursuant to these Restrictions and to Guildford
PTO
Declarant reserves ur
associated with all riverfront
system that shall be in the rix
SECTION 3. EASET
UTILITY COMPANIES. A
state or public utilities servin€
Common Elements hereby or
utility meters, maintaining ani
and acting with other purpose
without limitation, police and
SECTION 4.
itself, it successors and/or assigns, all riparian rights
is for the purposes of constructing and maintaining a dock
ian corridor directly in front of some or all of these lots.
R GOVERNMENTAL BOD
i easement is hereby established for county, municipal,
Sunset Reach, their agents and employees over all
.ereafter established for setting, removing, and reading
replacing utility or drainage facilities and. connections,
consistent with the public safety and. welfare, including,
ire protection and collection of garbage.
Declarant and the Association shall each
have the right to erect within I he Common Elements subdivision signs and landscaping
and lighting surrounding same. Declarant hereby reserves unto itself and grants, gives
and conveys to the Architectural Committee and the Association a perpetual, non-
exclusive easement over the portions of Lots to maintain, repair, and replace the
subdivision signs which may e located thereon, and the lighting fixtures and landscaping
surrounding same. The Association shall be responsible for maintaining, repairing and
replacing any such signs, landscaping and lighting and the costs of such maintenance,
repair and replacement shall be part of the common expenses of the Association, payable
by the Owners. In addition to the easements reserved and granted above as to the portion
of Lots designated "sign ease ent," Declarant hereby reserves unto itself and gives,
grants and conveys to the Association the right of ingress, egress and regress over other
portions of such Lots as shall be reasonably necessary to effectuate the purposes stated
above. The easements hereby granted shall run with the land in perpetuity and be binding
upon and inure to the benefit 9f all persons and entities now owning or subsequently
acquiring all or a part of the P operty.
RIGHTS
SECTION 1. ENT]
"Institutional Lender" as the
and loan associations, insura
affording loans secured by fi
governmental guarantors.
SECTION 2. OBLI
LENDERS. So long as any
shall be the Owner of any Lc
(a) To inspect the bo
hours and to be furnished wi
ARTICLE IX
VED UNTO INSTITUTIONAL LENDERS
2� IVINN1I U HAG INS'1ITUJONAL LENDERS.
in is used herein shall mean and refer to banks, savings
companies or other firms or entities customarily
liens on residences, and eligible insurers and
OF ASSOCIATION TO INSTITUTIONAL
stitutional lender shall hold any first lien upon any Lot, or
such Institutional Lender shall have the following rights:
cs and records of the Association during normal business
at least one (1) copy of the annual financial statement and
29
report of the Association
Board of Directors of the
by April 15 of each calen
(b) to be given notic
membership to be held for t]
Declaration. of Covenants, C
By -Laws of the Association
Association or the effectuati
the Association and assume
(c) To be notified of
insurance policy or fidelity
by a certified public accountant designated by the
.on, such financial statement or report to be furnished
year.
by the Association of the call of any meeting of the
purpose of considering any proposed amendments to this
zditions and Restrictions of the Articles of Incorporation or
r of any proposed abandonment or termination of the
i of any decision to terminate professional management of
lf-management by the Association.
lapse, cancellation of material modification of any
maintained by the Association.
(d) To be given notice of any delinquency in the payment of any asses,':�ment or
charge (which delinquency remains uncured for a period of sixty (60) days) by any
Owner owning a Lot encui nt ered by a mortgage held by the Institutional Lender, such
notice to be given in writingand to be sent to the principal office of such Institutional
Lender, or to the place whic it may designate in writing.
SECTION 3. RED
Whenever any Institutional I
it shall furnish written notice
address shown in the Article:
any such Institutional. Lender
such Institutional Lender and
reports or information are to
SECTION 1. ENF(
Committee, or any Owner, si
equity, all restrictions, condi
hereafter imposed by the pro
shall be assessed interest at t
should legal action be taken.
Committee or by any Owner
in no event be deemed a wai•
fail to comply with these De(
Architectural Committee or t
member of the Board of Dire
make or cause to be made su
ender desires to avail itself of the provisions of this Article,
thereof to the Association by CERTIFIED MAIL at the
of Incorporation identifying the Lot or Lots upon which
holds any first lien or identifying any Lot or Lots,, owned by
such notice shall designate the place to which notices,
)e given by the Association to such Institutional Lender.
ARTICLE X
GENERAL PROVISIONS
.CEMENT. The Declarant, Association, Architectural
11 have the right to enforce, by any proceeding at law or in
,ns, covenants, reservations, liens and charges now or
3ions of this Declaration. The non -compliant Lot owner
maximum legal rate, attorney's fees and court costs
ailure by the Declarant, Association, Architectural
enforce any covenant or restriction herein contained shall
r of the right to do so thereafter. Should any Lot Owner
rations following ten days written notice by Declarant, the
Association, Declarant, the Committee members or a
)rs have an easement to and may enter upon any Lot to
work or repairs to create compliance with these
30
Declarations. The costs incra
(20%) of such costs, shall be
such Lot is subject.
SECTION 2. TERN
conditions and restrictions of
inure to the benefit of and be
respective legal representative
years from the date this Dech
automatically extended for su
amended as hereafter provide
Declaration may be amended
sale of Lots commences, this
the Declarant and not less tha
amendment purporting to revs
be effective unless executed I
or ownership of any permane
diversion bermes shall be effe
office having jurisdiction for
obligation to pay ad valorem
lien for the payment thereof e
SECTION 3. AT
commercial property and
Declarant at its sole disci
SECTION 4. CONI
this Declaration and the Byla
shall control. In the event of
Bylaws of the Association an
provisions of the Articles of
SECTION 5. SEVE
restrictions by judgment or a
shall remain in full force and
SECTION 6. MIN(
may be waived by Declarant
written instrument, however
not constitute a waiver..
SECTION 7. IN7
DECLARANT, ITS SUC(
INTERPRETATIONS AS
COVENANTS.
for such work plus a service charge of twenty percent
-d to and become a part of the assessments to which
MINI) AIVIE-NDIVIENT BY OWNERS. The covenants,
ds Declaration shall run with and bind the land and shall
iforceable by the Association, or any Owner, their
, heirs, successors and assigns, for a term of thirty (30)
rtion is recorded, after which time said covenants shall be
;essive periods of ten (10) years unless terminated or
Prior to the sale of any Lot by the Declarant, this
r revoked by Declarant in its sole discretion. After the
eclaration may be amended by an instrument signed by
sixty-seven percent (67%) of the Lot Owners. No
:e or curtail any right herein conferred to Declarant shall
Declarant, and no amendment relating to the maintenance
wet detention or retention ponds, rock check dams or
Live unless reviewed and approved by the governmental
atershed protection and no amendment shall alter any
Yes or assessments for public improvements or affect any
ablished herein.
TION. Additional residential, multi family, or
)n Elements may be annexed to the Properties by
In the event of any irreconcilable conflict between
s of the Association, the provisions of this Declaration
i irreconcilable conflict between this Declaration or the
the Articles of Incorporation of the Association, the
3orporation shall control.
3ILITY. Invalidation of any one of these covenants or
order shall in no way affect any other provisions which
VIOLATIONS. Minor violations of these covenants
the Association or their agent or successors or assigns, by
•bearance of any of Delclarants or Association rights shall
ATIONS OF THESE
SORS AND/OR ASSIGNS SHALL MAKE ALL FINAL
THE MEANING AND INTENT OF THESE
31
SECTION 8. CON'
and contracts authorized by i
management of Sunset Reac.
as though such undertakings
duly elected by the memberE
undertakings and contracts a
exercised by the Board of Di
Declaration, the Articles of i
Section 9. Each of th
any plat is a private street, an
recreational facility, and oche
amenity and neither the Deve
Developer with respect to the
dedication to the public of an
amenity other than as reflecte
of said streets and areas desig
and assigns, to the persons w]
the members and Owners of
occupants of any residential t
may be erected within the boi
may be annexed as provided
the use of which shall be subj
the Association, if the Associ
Developer may at any time d(
decide to not dedicate streets
ZACT RIGHTS OF ASSOCIATION. The undertakings
initial Board of Directors (including contracts for the
shall be binding upon the Association in the same manner
1d contracts had been authorized by any Board of Directors
p after recording of this Declaration, so long as such
within the scope of the powers and duties which may be
ctors of the Association in accordance with this
tion and the Bylaws.
streets in the Subdivision now or hereafter designated on
every park, stream, body of water, common area,
amenity within the Subdivision is a private park, facility or
)per's recording of any such plat nor any other act of the
)roperty is, or is intended to be, or shall be construed, as a
said street, park, common area, recreational facility and
therein. An easement for the use and enjoyment of each
.ated as parks is reserved to the Developer, its successors
are, from time to time, members of the Association; to
ty recreational facility; and to the residents, tenants and
d1dings and all other kinds of residential structures that
idaries of the Subdivision and any additional property that
)ove and to the invitees of all the aforementioned persons;
et to such rules and regulations as may be prescribed by
Lion is the owner of the facility or property involved.. The
licate the streets to a public authority if it so desires, or
i order to be able to construct a gated community.
Section 10. The Devloper herein shall not in any way or manner be liable or
responsible for any violation f these restrictions by any person other than itself.
Section I.I. In the evc nt that any of the provisions hereof are declared void by a
court of competent jurisdictio by reason of the period of time herein stated for which the
same shall be effective, then iii that event such term shall be reduced to a period of time
which shall not violate the rul against perpetuities or any other law of the State of North
Carolina, and such provision hall be fully effective for said reduced period of time.
IN WITNESS
Declaration to be duly
)F, the undersigned Declarant herein has caused this
this the day of , 2008.
32
NORTH CAROLINA
NEW HANOVER COUNTYI
I,
certify that
he is President of Rockford P�
authority duty given and as th
signed by him in its name on'
WITNESS my hand
My Commission Expires:
, a Notary Public, do hereby
personally appeared before me and aclulowledged that
tners, L.L.C., a North Carolina Corporation, and by
act of the corporation, the foregoing instrument was
half of the corporation.
seal this day of
33
Notary Public
2008.