SW8990851_Current Permit_20071106

.QF W A r4s Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
IWO% C H. Sullins Director
r Division of Water Quality
November 6, 2007
Alton Y. Lennon, Vice President
Wilmington Holding Corp. & Point Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
Subject: Stormwater Permit No. SW8 990851 Modification
Village Green Townhouses and Westport Subdivision
Low Density Subdivision Permit
Brunswick County
Dear �Mr. Lennon:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Village Green Townhouses and Westport Subdivision on October 31, 2007.
Staff review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW8 990851 Modification, dated November 6, 2007, for the construction
of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within sixty (60) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Rhonda Hall or me at [phone].
Sincey,
7
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:\WQS\STORMWATER\PERMIT\990851 MOD.nov07
cc: J. Phillip Norris, P.E., Norris, Kuske & Tunstall
Brunswick County Building Inspections
Fred Fulcher, Town of Oak island — Building Inspections
Janice Duncan, Town of Oak Island — Code Enforcement & Zoning
Wilmington Regional Office
Central Files
Rhonda Hall
_ An�teh Carolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.ore Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

State Stormwater Management Systems
Permit No.SW8 990851 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Alton Y. Lennon, Wilmington Holding Corp., Point Associates, LLC
Village Green Townhouses and Westport Subdivision
Town of Oak Island, Brunswick County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules' and the approved stormwater management plans and
specifications, and supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 62 townhouse units is limited to a maximum of 2,500 square feet of
built -upon area, and each of the 151 lots is limited to a specific amount of built -
upon area as listed on the attached Allowable Impervious Surface Table, as
indicated in the approved plans. CAMA regulations may reduce the allowable
built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained
at 25% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30 foot from the mean high water mark.
7. Level spreaders shall be provided at the ends of all swales that discharge into
regulated wetlands such that a sheet flow condition is created. Additional passive
measures may be required for projects within % mile of SA waters.
Page 2 of 5

State Stormwater Management Systems
Permit No.SW8 990851 Modification
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Maintenance of level spreaders in accordance with approved plans and
O&M.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including
the stormwater management system, design concept, built -upon area,
details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requirements of Section 11.11 and 1i.12 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
Page 3 of 5

State Stormwater Management Systems
Permit No.SW8 990851 Modification
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure onggoing compliance with
State Stormwater Management Permit Number SW8 990851, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per each of the 62 townhouse units is
2,500 square feet. The maximum built -upon area per lot is listed in the
attached Allowable Impervious Surface Table. This allotted amount
includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may havo the
permitted built -upon area reduced due to CAMA jurisdiction within the
AEC.
i. Each lot will maintain a 30 foot wide vegetated buffer between all
impervious areas and surface waters.
j. All roof drains shall terminate at least 30 foot from the mean high water
mark.
12. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. If the permittee sets up an Architectural Review Committee or Board (ARC or
ARB) to review plans for compliance with the restrictions, the plans reviewed
must include all proposed built -upon area 'BUA). Any approvals given by the
ARC or ARB do not relieve the lot owner oY the responsibility to maintain
compliance with the permitted BUA limit.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permitiee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. All stormwater conveyances will be located in either dedicated right-of-way
(public or private), recorded common areas or recorded drainage easements.
The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
Page 4 of 5

State Stormwater Management Systems
Permit No.SW8 990851 Modification
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Qualityy,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation
and re -issuance of the permit to changge the name and incorporate such other
requirements as may be necessary. A completed Name/Ownership Change
Form, signed by both parties involved, must be submitted to the Division of
Water Quality accompanied by the appropriate documentation as listed on page
2 of the form. The approval of this request will be considered on its merits, and
may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Conveyance of
common areas to third parties such as a homeowner's association, by the
permittee where the required Name/Ownership documentation has not been
submitted to and approved by the Division, does not constitute transfer of the
stormwater permit, and does not relieve the permittee of responsibility for
maintaining compliance with the permit or transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and its components.
9. The permittee shall notify the Division of Water Quality in writing of any name,
ownership or mailing address changes within 30 days.
Permit issued this the 6th day of November, 2007.
NORTH CA INA ENVIRONMENTAL MANAGEMENT COMMISSION
�� c%Piti
for Cole6n H. Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5of5

NKT #07144
' State of North Carolina
Department of Environment and Natural Resources
Division of Water (duality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applican_tpn s me (specify the name of the corporation, individual, etc. who owns the project):
Point# Associates, L.L.C.
2. Print Owner/Signing Official's name and tine (person legally responsible for facility and compliance):
Wilmington Holding Corp.`-�`
py Alton Y. Lennon, Vicet:President
3. Mailing Address for person listed in item 2 above:
3950 Old Bridge Road
City: Southport State: NC Zip: 28461
Telephone Number: [phone]
Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Village Green Townhouses and Westport Subdivision
Location of Project (street address):
3950 Old Bridge Road
City: Southport County: Brunswick
6. Directions to project (from nearest major intersection):
Located at intersection of Old Bridge Road and NC 133.
7. Latitude: 780 04' 01"
Longitude: 330 55' 34" of project
8. Contact person who can answer questions about the project:
Name: Phil Norris Telephone Number: [phone]
II. PERMIT INFORMATION
1. Specify whether project is (check one): New Renewal X Modification
Form SWU-101 Version 3.99 Page 1 of 4

Y
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number SW8-990851 And its issue date (if known) June 6, 2002
Modification
3. Specify the type of project (check one):
X Low Density High Density Redevelop General Permit
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit
Other
NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Runoff will be collected in grassed road swales and conveyed off -site in swales.
Density for total project will be less than 25%
2. Stormwater runoff from this project drains to the Cape Fear River Basin.
3. Total Project Area: 69.5 4. Project Built Upon Area: 25 %
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basal WormNation
Drainage Area I
Drainage Area 2
Receiving Stream Name
UT Intracoastal Waterway
Receiving Stream Class
SA
Drainage Area
69.5 AC
Existing Impervious * Area
0
Proposed Impervious* Area
756,855 SF
% Impervious* Area (total)
125
I * Surface area
Mainage Area 1
Drainage Area 2
On -site Buildings
547,911 SF
On -site Streets
197,944 SF
On -site Parking
0
On -site Sidewalks
0
Other on -site
11,000 SF future
Off -site
0
Total: 756,855
Total:
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. . flow was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number SW8990851 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than **** square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include
wood decking or the water surface of swimming pools.
Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SW-109
Innovative Best Management Practice Supplement
*** See attached 'Table of BUA
Form SWU-101 Version 3.99 Page 3 of 4

VI. -SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable supplement form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment / management
• Two copies of plans and specifications, including:
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property / project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
J. Phillip Norris, P.E.
Designated agent (individual or firm): Norris, Kuske & Tunstall Consulting Engineers, Inc.
Mailing Address:
902 Market Street
City: Wilmington State: NC Zip: 28401
Phone: [phone] Fax: [phone]
VM. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed in GeneralIgformation, item 2) Alton Y. Lennon
Certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC
2H.1000. kv W0--
ON HOLDING CORP.
Signature. V By: Date: ? 6
A o Y. Lennon, Vice President
Form SWU-101 Version 3.99 Page 4 of 4

NKT #07144
Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name: Village Green Townhouses and Westport Subdivision
Contact Person: J. Phillip Norris Phone Number: [phone]
Number of Lots: 151 Allowable Built Upon Area Per Lot*: see table
* If lot sizes are not uniform, attach a table indicating the number of lots, lit sizes and allowable built
upon area for each lot. The attachment must include the project name, phase, page numbers and provide
area subtotals and totals.
H. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must he recorded in. the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
■ SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor —the appropriate percent built upon area divided by 100.
• RA Road Area — the total impervious surface occupied by roadways.
• OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots — the total number of lots in the subdivision.
• BUA/Lot — the computed allowable built upon area for each lot including driveways and impervious surfaces
located between the front lot line and the edge of pavement.
Form SWU-104 Version 3.99 Page 1 of 2

(SA xDF)-RA-OA=BUA
No. Lots Lot
Calculation:
See Attached Sheet
U. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below.
Applicant Initials
�/�- a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River Basin may require additional buffers.
eed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
latting and prior to sale of any lots.
uilt upon area calculations are provided for the overall project and all lots.
roject conforms to low density requirements within the ORW AEC (if applicable).
L— NCAC 2H .1007 (2)(b)]
Form SWU-104 Version 3.99 Page 2 of 2

ALLOWABLE IMPERVIOUS SURFACE TABLE
VILLAGE GREEN TWONHOUSES AND WESTPORT SUBDIVISION
NKT PROJECT NO. 07144
Lot #
1
2
3
4
5
6
7
*AIS/SF
2,746
2.636
2,400
2,636
2,636
2,636
2,400
Lot #
46
47
48
49
50
51
52
*AIS?SF Lot #
2,636 91
2,636 92
2,636 93
2,636 94
2,636 95
2,636 96
2,636 97
*AIS/SF
2,636
2,636
2.636
2,400
2,400
2,400
2,400
Lot #
136
137
138
139
140
141
142
''AIS/SF
2,400
2,400
2,400
2,636
2,636
2,636
2.400
8
9
10
11
12
13
14
15
16
17
2,636
2,636
2,400
2,400
2,400
2,636
2,636
2,636
2,636
2,636
53
54
55
56
57
58
59
60
61
62
2,636
2,636
2,636
2,636
2,636
2,400
2,400
2,400
2,400
2,400
98
99
100
101
102
103
104
105
106
107
2,400
2,400
2,400
2,636
2,636
2,636
2,636
2,636
2,636
2,636
143
144
145
146
147
448
149
150
151
2,636
1 2,054
2,636
3,000
3,000
3,000
3,000
3,000
3,000
18
2,400
63
2,400
108,
2,636
19
2,636
64
2,400
109
•2,636
20
2,636
65
2,636
110
2;636
21
2,636
66
2,636
111
2,636
22
2,636
67
2,636
112
12,636
23
2,636
68
2,636
113
12,636
24
2,636
69
2,636
114 12,636
25
2,636
70
2,636
115 1
2,636
26
2,636
71
2,400
116
2,636
27
2,636
72
2,636
117
2,636
28
2,636
73
2,636
118
2,636
29
2,400
74
2,636
119
2,636
30
2,400
75
2,636
120
2,636
31
2,636
76
2,636
121
2,636
32
2,636
77
2,636
122
2,636
33
2,636
78
2,636
123
2,636
34
2,636
79
2,636
124
2,636
35
2,636
80
2,636
125
2,636
36
2,636
81
2,636
126
2,636
37
2,636
82
2,636
127
2,636
38
2,636
83
2,636
128
2,636
39
2,636
84
2,636
129
2,636
40
2,636
85
2,636
130
2,636
41
2,400
86
2,636
131
2,636
42
2,400 1
87
2,636
132
2,636 ,
43
2,636
88
2,636
133
2,636
44
2,636
89 1
2,636
134
2,636
45
*ninlnr_ eu_._._u_
2,636
.------'-_--
90
2,636
135
2,636�
� fof - ru1Uvvav1v 1111Nci vwUJ ow ICII:C kar)
Impervious Calculation & Table 07-03-07

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
1 OF WESTPORT AT SOUTH HARBOUR
VILLAGE SUBDIVISION
THESE SPECIAL COVENANTS, CONDITIONS, AND RESTIRCTIONS
RELATING TO LOTS 146, 147, 148, 149, 150, AND 151 OF WESTPORT AT SOUTH
HARBOUR VILLAGE Subdivision, made and entered this the day of
2007, by and among Quality Farm ,Inc., of i,e � 1, Andrea W.
Dickens, __0 110, Charles S. Maltrotti and wife Rose Marie Maltrotti,
_«. of Lui 150, and John W. Allen and wife Judy F. Allen, _
' 17, and, hereinafter collectively referred to as ""Special Declarants `;
Witnesseth:
That, Whereas, the Special Declarants are, as shown above, the current owners of
Lots 146, 147, 148, 149, 150, and 151 of Westport at South Harbour Village
subdivision, as the said lots are shown on that map entitled "Revised Map of Westport at
South Harbour Village", said map being recordea.., '(being
Sheet 3 of 7 Sheets recorded); and
Whereas, Lots 146 and 147 were subsequently combined as one lot; and
Whereas, the Special Declarants acknowledge and agree that their respective lots,
and each of them, are limited by and are subject to the recorded Declaration of
Covenants, Restrictions, and Condition applicable to Westport at South Harbour Village,
said DeclaratidWbeing recorded in Boon 1403 at Page 742 of th1nBruns,,Vick CoUnty
!De¢, and all amendments and/or supplements thereto (hereinafter the "Declaration");
and
Whereas, the said Special Declarants, for themselves and their heirs, successors,
and assigns, are desirous of submitting their respective lots, and each of them, to the
further and additional Special Covenants, Conditions, and Restrictions as are set forth
herein;
NOW THEREFORE, IN CONSIDERATION OF TEN DOLLARS AND OTHER
GOOD AND VALUABLE CONSIDERATIONS, IT IS DECL ABED AND AGREED
THAT LOTS 146, 147, 148, 149, 150, and 151 of WESTPORT at SOUTH HARBOUR
VILLAGE ARE SUBJECT TO THE FOLLWING SPECIAL COVENANTS,
CONIDTIONS, AND RE STR1C T IONS, TO WIT:
(1) LOTS 146, 147, 148, 149, 150, and 151 of WESTPORT at SOUTH
HARBOUR VILLAGE, and each of them, are specifically limited as to the Built Upon
Area fo g i21 rii111iLi1 te.tai ei'3,004 scl-,aT-e . e for

each lot. `Built Upon Area" shall be defined as is set forth in the recorded Decl
and all amendments and/or supplements thereto. All other r aration
to lot use and./or development set forth in the Declaration annctions and conditions as
d inconsistent herewith shall remain in full force and legal effect. Howev amendments not
of any `Built Upon Area" by one lot owner from any other lot owner may be Bowing
Without the express consent of the State of North Carolina. y Permitted
() Further, Lots 146, 147, 148, 149, 150, and 151 of WESTPORT at SOUTH
HARBOUR VILLAGE are acknowledged to be and hereafter shall be subject t
Declaration of Covenants, Conditions, and Restrictions for Westport at South H the
Village . -.mi-iPp 1�,� arbour
i ., � �= i' , tom-= .
amendments and/or supplements, thereto, which are not inconsistentherewith.
Sad all
Declaration, not inconsistent herewith, is hereby ratified and re -adopted
In Witness Whereof, the Special Declarants have duly executed this document, in
multiple counterparts where necessary, as of the day and Year first above written.
In
QUALITY FARM, INC
E. L. Burnett, III, President
Owner of Lot 151
ANDREA L. DICKENS (SEAL)
Owner of Lots 148 and 149
CHARLES S. MALTROTTI (SEAL)
Owner of Lot 150
ROSE MARIE MALTROTTI (SEAL)
Owner of Lot 150
.TO_ur? W. ALLEIVT (SEAL)
Owner of Lots 146 and 147
JUDY F. ALLEN (SEAL)
Owner of Lots 146 and 147

.t
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Brunswick County -Register of Deeds
Robert J. Robinson
Inst #55249 Book 1403Page 742
09/18/2000 09:16:34am Rec1 5,5n
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
WESTPORT AT SOUTH HARBOUR VILLAGE
This Declaration, made the I A-1- day of September, 2000, by
POINT ASSOCIATES, L.L.C. , a North Carolina LIMITED Liability
Company, hereinafter referred to as "Developer";
W I T N E S S E T H
Whereas, Developer is the owner of certain real property in
Brunswick County, North Carolina, known as WESTPORT AT SOUTH
HARBOUR VILLAGE which is shown on certain maps thereof
recorded in the Office of the Register of Deeds of Brunswick
County, North Carolina, in Map Cabinet 21 Pages 446 through 452,
inclusive, to which sheets or maps reference is hereby made for a
more particular description (the "Subdivision").
Now, therefore, Developer hereby declares that the
Subdivision described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the land and be binding
on all parties having any right, title or interest in the
Subdivision or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
DEFINITIONS
Section 1. Additional Property shall mean and refer to any
lands which may hereafter be annexed to and made a part of
WESTPORT AT SOUTH HARBOUR VILLAGE subdivision by the Developer,
pursuant to Article X hereof.
Section 2. Association shall mean and refer to WESTPORT
HOA, Inc., a North Carolina non-profit corporation, its
successors and assigns.
Section 3. Assessments shall mean the Assessments defined
in Article VII hereof.
Section 4. Board of Directors or Board shall mean the board
of directors of the Association.
Section 5. By -Laws shall mean the by-laws of the
Association, as the same may be amended from time to time.
Section 6. Common Area ,shall mean and refer to that part of
the Common Property designated by the Association from time to
time for use by the Members and such other persons as the
Association may from time to time permit.
Section 7. Common Property shall mean and refer to all real
estate and interests, specifically including, without limitation,
RECEIVED 1
FEB 17 2004
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Inst # 55249 Book 1403Page: 743
easements, in real estate owned by the Association, and any
recreational facilities, pools, tennis courts, or other
improvements constructed on or under such real estate or
interests in real estate.
Section 8. Developer shall mean and refer to POINT
ASSOCIATES, L.L.C.,its successors and assigns.
Section 9. Declaration shall mean this instrument as it may
be from time to time amended or supplemented.
Section 10. Lot s shall mean and refer to any numbered lot
shown upon the map or maps of the Subdivision recorded in Map
Cabinet 21 Pages 446 through 452, inclusive, of the Brunswick
County Registry and any numbered lot shown on any map(s) of the
Additional Property recorded in said Registry.
Section 11. Member(s) shall mean and refer to the Member(s)
of the Association.
Section 12. Membershin shall mean and refer to the rights,
privileges, benefits, duties and obligations, which shall inure
to the benefit of and burden each Member of the Association.
Section 13. Owner(s) is defined in the articles of
incorporation of the Association, to -wit: all persons owning a
freehold estate in one or more Lots, either alone or with
other(s). "Persons" and its singular, include all entities
capable of owning a freehold estate in land. Owner(s) does not
include persons who do not own a freehold estate in a Lot,
including, but not limited to, persons holding or owning
interests as security for repayment of indebtedness.
Section 14. Subdivision shall mean WESTPORT AT SOUTH
HARBOUR VILLAGE as shown on the maps recorded in Map Cabinet 21
Pages 446 through 452, inclusive, of the Brunswick County
Registry and any Additional Property.
ARTICLE II `
COMMON PROPERTY
Section 15. Property Rights. The use, occupation, and
possession of the Common Property shall be in accordance with
rules and regulations adopted by the Association, as the same may
be amended from time to time. No Owner shall have any right or
easement to use, occupy, or possess any part of the Common
Property, except pursuant to such rules and regulations.
Section 2. Management and Control. The Common Property
shall be managed and controlled exclusively by the Association.
All maintenance, repairs, modifications, or replacement of any
part of the Common Property shall be performed only by the
.Association, or its designee, except that an Owner may landscape
and maintain easements owned by others on his Lot as permitted by
rules and regulations adopted by the Association from time to
time, and the Board may permit the Developer or its agents to
maintain and operate a sales office in or on any part of the
2

Inst # 55249 Book 1403Page: 744
Common Property, for and at such time or times as the Board may
deem appropriate.
ARTICLE III.
EASEMENTS; STREET LIGHTING• ACCESS TO LOTS
Section I. Easements. Perpetual, alienable easements for
the installation and maintenance of drainage facilities and
underground utilities (including, but not limited to, water,
telephone, electric, and sewer lines and facilities) are reserved
to the Developer, its successors and assigns, in, under, and over
the Subdivision and the Common Property, which shall be easements
appurtenant, running with the land. Said easements shall inure
to the benefit of the Developer, its successors and assigns.
Section 2. Street Lighting. The Developer reserves unto
itself, its successors and assigns, the right to subject the
Subdivision and the Common Property to a contract with a
responsible power company for the installation of street
lighting, which contract may require a continuing monthly payment
to said company by each resident customer for street lighting
service.
Section 3. Access to Lots. The Association shall have the
right to go onto any Lot at reasonable times for the purpose of
maintaining, repairing and replacing any drainage facilities and
underground utilities located on such Lot; and a right of entry
and easement is hereby reserved and granted to the Association
for such purposes. The Association shall repair and restore any
landscaping disturbed by such activities as required by rules and
regulations adopted by the Association from time to time.
ARTICLE IV
WATER AND SEWER SERVICE
Section 4. Water shall be provided by a municipal or county
water service. The water tap fees, any impact fees, and all
monthly charges for water service for each Lot shall be the
responsibility of the Owner(s) of such Lot.
Section S. All Lots will be tied into the OAK ISLAND sewer
system. The sewer tap fees, all impact fees, and all monthly
charges for sewer service for each Lot shall be the
responsibility of the Owner(s) of such Lot.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
Membership in the Association, and the voting rights of the
Members, shall be as set forth in the Articles of Incorporation
of the Association and the By -Laws.
K3

ARTICLE VI Inst # 55249 Book 1403Page: 745
MANAGEMENT AND CONTROL
Section 6. The Association shall be managed and controlled
by the Board in accordance with the Articles of Incorporation of
the Association and the By -Laws.
Section 7. Until such time as ninety percent (90%) of the
Lots in the Subdivision, and ninety percent (90%) of the lots in
each tract of Additional Property added to the Subdivision, have
been sold and conveyed by the Developer, but in any event no
longer than December 31, 2010, the Developer shall have the right
to appoint all of the persons who shall serve as members of each
Board of Directors of the Association.
ARTICLE VII
ASSESSMENTS
Section B. Creation of the Lien and Personal Obligation for
Assessments. Each Owner of any Lot, by acceptance of a deed for
the Owner's Lot, whether or not it shall be so expressed in such
deed, covenants and agrees to pay to the Association Annual and
Special Assessments (collectively the "Assessments").
The Assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and
shall be a continuing lien upon the respective Lot against which -
the Assessments are made. Each Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such Lot
at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the
Owner's successors in title unless expressly assumed by them.
Section 9. Purposes of Assessments. The Assessments levied
by the Association may be used for any or all of the following
purposes --operation, maintenance and improvement of thebCommon
Property and any drainage or utility easements within the
Subdivision; landscaping and/cr fencing of easements reserved
over Lots; enforcing this Declaration; paying taxes and any
insurance premiums on or for the Common Property and any drainage
or utility easements within the Subdivision, legal and accounting
fees and governmental charges; establishing working capital; and
in addition, doing any other things necessary or desirable to
further the above purposes, as set forth in the budget or amended
budget adopted by the Board. It is expressly understood and
agreed that assessments levied by the Association may also be
used for paying a prorated share of the costs of the maintenance
and improvement of Vanessa Drive which provides access to the
subdivision, but only as to that portion of the said Vanessa
Drive which is not maintained by the State of North Carolina.
Section 10. Annual Assessments. Annual Assessments shall
be in an amount to be fixed from year to year by the Board which
may establish different rates from year to year as it may deem
necessary for the purposes set forth in Section 9 above. The
!�

Inst # 55249 Book 1403Page: 746
amount of the Annual Assessment against each Lot for any given
year shall be fixed prior to January 1 of such year; provided,
however, that the first Annual Assessment shall be set prior to
the conveyance of the first Lot to an Owner and written notice to
the Owners to be subjected thereto shall be delivered to the
Owners at or prior to the closing of their Lots. Written notice
of each Annual Assessment thereafter shall be sent to every Owner
subject thereto. The due date shall be established by the Board
and the Board shall have the authority to allow the assessments
to be paid in pro rata installments. The Association shall, upon
demand, and for a reasonable charge furnish a certificate signed
by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
A. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased each year not more than
five percent (5%) above the Annual Assessment for the
previous year without a vote of the Members.
B. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased above five percent (5%)
only by a vote of the Owners of two-thirds (2/3rds) of the
Lots, voting in person or by proxy at a meeting duly called
for such purpose.
C. The Board may increase the amount of the Annual
Assessment to Four Hundred Fifty Dollars ($450.00) per Lot
notwithstanding the provisions of subparagraphs A and B
above, and thereafter the limitations set forth in said
subsections shall apply to an annual increase.
Section 11. Special Assessments for Capital Improvements.
In addition to the Annual Assessments authorized above, the
Association may levy, in any assessment year equally against the
Lots, a Special Assessment applicable to the year only for the.
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of`a capital
improvement upon the Common Property or any drainage or utility
easement in the Subdivision, whether owned by the Association or
not, including the portion of Vanessa Drive referred to in
Section 9 above, including fixtures and personal property related
thereto, provided that any such assessment shall be approved by
vote of the Owners of two-thirds (2/3rds) of the Lots voting in
person or by proxy at a meeting duly called for such purpose.
Section 12. Notice and Quorum For Any Action Required to be
Approved by the Members Under Sections 3 and 4. Written notice
of any meeting called for the purpose of taking any action by the
Members authorized under Section 3 and 4 shall be sent to all
Members not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting. At the first such meeting
called, the presence of Owners or of proxies entitled to cast the
votes for sixty percent (60%) of all of the Lots shall constitute
a quorum. If a quorum is not present at such meeting, the
meeting may be adjourned for lack of a quorum, until a date
specified in the motion to adjourn for lack of a quorum, on which
5

Inst # 55249 Book 1403Page: 747
date a second meeting shall be held. The required quorum au suuii
second meeting shall be one-half (1/2) of the required quorum at
the first meeting. No such second meeting shall be held more
than sixty (60) days following the first meeting.
Section 13. Uniform Rate of Assessment. The Assessments
must be fixed at the same amount for each Lot and may be
collected on a monthly basis. Provided, however, in the event
that maintenance, repair or replacement of any part of the Common
Property is caused through the willful, or negligent act of an
Owner, his family, guests or invitees, the cost of such
maintenance, replacement, or repairs, shall be added to and
become a part of the Assessment to which such Owner's Lot is
subject.
Section 14. Commencement of Assessments. Assessments for
each Lot shall commence upon the date of acceptance by an Owner
of a deed from the Developer. If such date assessments commence
is not on January 1, the assessment for the Lot for such first
year shall prorated._ The Developer shall not be required to pay
Assessments. The Developer and/or the Association may require the
payment in advance of up to three months of homeowner's due or
assessments at the time the Owner accepts a deed from the
Developer.
Section 15. Effect of Nonpayment of Assessments And
Remedies Of The Association. Any Assessment or installment
thereof not paid within thirty (30) days after the due date shall
bear interest from the due date of the highest rate allowable by
law. The Association may bring an action at law against the
Owner personally obligated to pay the same, or foreclose the lien
against the Lot. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by non-use of
the Common Property or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due
and payable if an Owner fails to pay any installment within the
time permitted.
Section 16. SubordinatLon Of The Lien To Mortgacte. The
lien of the Assessments provided for herein shall be subordinate
to the lien of any first mortgage or deed of trust. Sale or
transfer of any Lot shall not affect the Assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such Assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any Assessments thereafter
becoming due or from the lien thereof.
ARTICLE VIII.
ARCHITECTURAL CONTROL/CONSTRUCTION
-Section 1. Developer's Rights. All rights, duties and
responsibilities conferred by this Article shall be exercised and
performed by the Developer or its designee, so long as the
Developer owns any Lot within the Subdivision. When the
Developer no longer owns any Lot within the Subdivision, all such
2

Inst # 55249 Book 1403Page: 748
rights, duties and responsibilities shall be exercised and
performed by the Association, which may delegate the same to an
Architectural Control Committee appointed by the Board.
Section 2. Building and Site Improvements. No structure
(including but not limited to dwellings, walls, fences, garages,
and outbuildings) shall be commenced, erected, placed, or
maintained upon any Lot, nor shall any exterior addition to or
change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the plans and specifications
showing the nature, kind, shape, heights, materials, colors and
location of the same shall have been submitted in writing and
approved in writing as to harmony of external design and location
in relation to surrounding structures and topography. If such
written plans and specifications and site plan are not approved
or disapproved in writing within thirty (30) days after the same
have been submitted, approval under this Article will not be
required and this Article will be deemed to have been fully
complied with. Approval or disapproval of any such plans,
location or specifications may be based upon any ground,
including purely aesthetic and environmental considerations, that
may in the sole and uncontrolled discretion of the Developer, the
Association, or Architectural Control Committee, as the case may
be, be deemed sufficient. One copy of all such plans,
specifications, and related data shall be furnished to the
Developer, the Association, or Architectural Control Committee,
as the case may be, to retain for its records. Neither the
Developer, the Association, nor the Architectural Control
Committee shall be responsible for any structural or other
defects in plans and specifications submitted to it or any
structure erected according to such plans and specifications.
. Section 3. Approval of Plans. No house plans will be
approved unless the proposed house shall have a minimum of
Thirteen hundred (1300) square feet of enclosed, heated dwelling
area. The term "enclosed, heated dwelling area" as used in the
minimum requirements shall be the total enclosed area within a
dwelling which is heated by a common heating system; provided,
however, that such term does not include garages, terraces,
decks, open porches, and like areas. Further, no house plans
will be approved unless such plans are submitted with a landscape
plan for the entire Lot, which landscape plan must also be
approved by the Architectural Control Committee. Any and all
vegetation and/or tree planting or removal must be included as a
part of the proposed landscape plan.
Section 4. Setbacks. Since the establishment of inflexible
building setback lines for location of houses on lots tends to
force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related
considerations, no specific setback lines shall be established by
this Declaration. In order to assure, however, that the
foregoing considerations are given maximum effect, the site and
.location of any house or dwelling or other structure upon any lot
shall be controlled by and must be approved absolutely by the
Developer, the Association, or the Architectural Control
Committee, as the case may be; provided, however, that no
7

Inst # 55249 Book 1403Page: 749
dwelling shall be constructed closer znan rive (5) feet to an
adjoining property line. Further, the site plan referred to in
Section 2. and Section 3. of this Article shall specifically
illustrate the location of all structures on the lot relative to
the street frontage. Such front setbacks shall be twenty five
(25) feet unless a lesser setback is specifically approved by the
Architectural Control Committee.
Section 5. Completion. The exterior of all houses and
other structures must be completed within twelve (12) months
after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship
to the Owner or builder, due to strikes, fires, national
emergency or natural emergency or natural calamities.
Section 6. Single Family Residences. No structure shall be
erected, altered, placed or permitted to remain on any Lot,
except one single family dwelling not to exceed two and a half
stories in height, unless the Developer, the Association, or the
Architectural Control Committee, as the case may be, approves in
writing a structure of more than two and one-half stories, and
one or more small accessory buildings (which may include a
detached private garage, or guest facilities) provided the use of
such dwelling or accessory building does not in the opinion of
the Developer, the Association, or Architectural Control
Committee overcrowd the site, and provided further, that such
buildings are not used for any activity normally conducted as a
business.
Section 7. Utility Services Mail Boxes Fences Etc All
utility service lines and facilities, fuel tanks, clothes lines
and wood piles are to be enclosed within a wall or plant screen
of a type and size approved by the Developer, the Association or
the Architectural Control Committee, so as to preclude the same
from causing an unsightly view from any street within the
subdivision, or from any other residence within the subdivision.
All mail and newspaper boxes shall be uniform in design. Design
for mail and newspaper boxes shall be furnished by Developer, the
Association, or the Architectural Control Committee. No fences
shall at any time be placed or permitted to remain on any lot
without approval of the Developer, Association or Architectural
Control Committee.
Section 8. Off Street Parking. Off street parking for not
less than two (2) passenger automobiles must be provided on each
Lot prior to the occupancy of any dwelling constructed on said
Lot which parking areas and the driveways thereto shall be
constructed of concrete, brick, asphalt, or turf stone, or any
other material approved by Developer, the Association or
Architectural Control Committee.
Section 9. Driveways. Driveways are to be constructed in
accordance with North Carolina Department of Transportation
standards. All driveway construction materials must be a part of
the plans and specifications herein -above referenced which must
be submitted to and approved by the Architectural Control
Committee.
0

Inst # 55249 Hook 1403Page: 750
Section 10. Wells. Except as provided below, no wells may
be constructed or used on any Lot, except for the purpose of
irrigating exterior plantings. A well may be used to provide
water for household or other uses, provided such use is consented
-to in advance in writing by the public utility entitled to
.provide water service to the Lot, and such use does not violate
dny'other provisions of this Declaration.
Section 11. Sodding and_Irriaation of Front Lawns. All
front lawns on Lots on which a residence exists shall be sodded
and adequately watered by an underground -pipe sprinkler
irrigation system.
Section 12. Alterations to the Common Property. No person
shall undertake, cause, or allow any construction in, on or under
any part of the Common Property, or undertake, cause, or allow
any alteration to be made any part of the Common Property, except
at the direction or with the express written consent of the
Association.
ARTICLE IX
USE RESTRICTIONS
Section 13. Land Use And Building Type. No Lot shall be
used for any purpose except for residential purposes. All Lots
are restricted for construction of single family dwellings only.
Any building erected, altered, placed or permitted to remain on
any Lot shall be subject to the provisions of Article VIII of
this Declaration relating to architectural control. Provided,
however, the Developer or its agents may maintain and operate a
sales office on any Lot owned or leased by the Developer for and
at such time or times as the Developer may deem appropriate.
Section 14. Nuisances. No noxious or offensive activity
shall be carried upon any Lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the
neighborhood. There shall not be maintained any plants or
animals, nor device or thing of any sort whose normal dctivities
or existence are in any way noxious, dangerous, unsightly,
unpleasant or other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof. It shall be the
responsibility of each Owner to prevent the development of any
unclean, unsightly or unkept condition of buildings or grounds on
the Owner's Lot which would tend to substantially decrease the
beauty of the neighborhood as a whole or the specific area.
Section 15. Lot Maintenance. In the event that any Owner
shall fail or refuse to keep his Lot free from weedb, underbrush,
refuse piles, unsightly growth or objects, or shall fail to keep
his front lawn sodded and irrigated in accordance with Section
11, Article VIII, then, after thirty (30) days notice from the
Architectural Control Committee or the Association, the
Association or its designee may enter upon the Lot and remove
such weeds, underbrush refuse piles, unsightly growth or objects,
or cause such lawn to be sodded and irrigated, at the expense of
the Owner. Such entrance shall not be deemed a trespass, and in
the event of such removal or correction a lien shall arise and be
E

Inst # 55249 Book 1403Page: 751
created in favor of the Association for the full amount of the
cost thereof, including collection costs, and such amounts shall
be due and payable within thirty (30) days after the Owner is
billed therefor. Such lien shall be enforceable by court
proceedings as provided by law for enforcement of liens.
Section 16. Temporary Structures. No structure of a
temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any Lot any time as a
residence either temporarily or permanently without the written
consent of the Association or the Architectural Control
Committee; provided, however, that this shall not prevent the
Developer, its designees or assigns from maintaining a
construction or sales trailer or office on any Lot until the
construction of dwellings on all Lots is completed.
Section 17. Recreational Vehicles. No boat, motor boat,
camper, trailer, motor or mobile home, or similar type vehicle,
shall be parked, placed or permitted to remain on any Lot in such
manner that the same is visible from the street.
Section 18. Animals. No animals, livestock or poultry of
any kind shall be kept or maintained on any Lot or in any
dwelling except that dogs, cats or other household pets may be
kept or maintained provided that they are not kept or maintained
for commercial purposes and provided further that they are not
allowed to run free, are at all times kept properly leashed or
under the control of their owner and do not become a nuisance to
the neighborhood.
Section 19. TV Satellite Dishes and Outside Antennas. No
TV satellite signal receiving dishes will be permitted on any Lot
and no outside radio or television antennas shall be erected on
any Lot or dwelling unit unless and until permission for the same
has been granted in writing by the Association or the
Architectural Control Committee.
Section 20. Exterior Lights. All light bulbs or other
lights installed in any fixture located on the exteriob of any
building or any Lot shall be clear, white or non -frost lights or
bulbs. Such lighting shall not unreasonably interfere with other
lot owners use and enjoyment of their lots.
Section 21. Inoperable Vehicles; Tractor Trailers: Vehicle
Repairs. No inoperable or immobile vehicle, no vehicle without
current registration and insurance, and no tractor -trailers will
be permitted on any Lot or street in the Subdivision. The
Association shall have the right to have all such vehicles towed
at the owner's expense. No repairs to any vehicle may be made in
driveways, but shall be made only in garages and shall not be
visible from the street.
Section 22. Signs. No sign(s) may be placed or maintained
on any Lo"t or street except one "for sale" sign, which shall not
exceed two feet by three feet in size, street and traffic control
signs approved by the Association or the appropriate governmental
authority, and signs placed or maintained by the Developer or its
agents.
10

Inst # 55249 Book 1403Page: 752
Section 23. Subdividing. No Lot snail be subdivided, or
its boundary lines changed except with the prior written consent
of the Association. However, the Developer hereby expressly
reserves unto itself, its successors and assigns, the right to
re -plat any two (2) or more Lots shown on the map of the
Subdivision in order to create one or more modified Lots; to
recombine one or more Lots to create a larger Lot; to eliminate
Lots from this Declaration, or any parts of Lots, that are not
otherwise buildable or are needed for access or are needed for
use as private roads or access areas, and to take such steps as
are reasonably necessary to make such re -platted Lots suitable
and fit as a building site or access area or roadway, said steps
to include, but not to be limited to the relocation of streets,
easements, and rights -of -way to conform to the new boundaries of
the said re -platted Lots.
ARTICLE X
ANNEXATION OF ADDITIONAL PROPERTY
Section 24. Developer may, from time to time, without the
assent of any other entity, annex to and make a part of the
Subdivision any other real property which Developer now owns or
which Developer may hereafter acquire or develop (the "Additional
Property"), upon such terms and conditions and subject to such
covenants and restrictions, as the Developer, in its sole
discretion, shall deem reasonable and appropriate.
Section 25. Each such annexation of Additional Property
shall become effective upon the recording of an amendment to this
Declaration, duly executed by the Developer, specifically
describing the Additional Property annexed to the subdivision,
and setting forth the terms and conditions upon which such
Additional Property is annexed to the Subdivision and the
covenants and restrictions to which such Additional Property
shall be subject.
ARTICLE XI
GENERAL PROVISIONS
Section 26. Enforcement. The Developer, the Association,
or any Owner, and, where applicable, the State of North Carolina,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Developer, the Association, an
Owner, or the State of North Carolina to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
Section 27. Enforcement Of Storm Water Runoff Regulations.
The State of North Carolina is hereby made a beneficiary of this
Declaration to the extent necessary to enforce its storm water
runoff regulations as the same may be amended from time to time.
The Built Upon Area for each Lot shall not exceed Two Thousand
Four Hundred(2,400) square feet, unless and until the State of
North Carolina shall revise its storm water runoff regulations to
11

Inst # 55249 Book 1403Page: 753
permit a greater Built Upon Area for such Lot. For purposes of
this section, "Built Upon Area" shall mean that portion of each
Lot that is covered by impervious or partially impervious cover,
including building, pavement, recreational facilities, etc., but
not including decking. Any Owner may, in accordance with
applicable government regulations, borrow from another Owner any
Built Upon Area which is not being utilized by the other Owner,
without the approval of any Owner(s) not involved in such
transact -ion, the Developer, or the Association.
Section 28. Severabi its. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions, which shall remain in full
force and effect.
Section 29. Lots Subject to Declaration Extension. All
present and future Owners, tenants, and occupants of Lots and
their guests or invitees, shall be subject to, and shall comply
with the provisions of this Declaration, as amended from time to
time. The acceptance of a deed of conveyance or the entering
into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of this Declaration
are accepted and ratified by such Owner, tenant or occupant. The
covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any
interest or estate in any Lot, as though such provisions were
made a part of each and every deed of conveyance or lease, for a
term of ten (10) years from the date hereof, after which time
they shall be automatically extended for successive periods of
ten (10) years, unless by vote of Owners of not less than three
fourths (3/4ths) of the Lots this -Declaration has been amended to
provide otherwise.
Section 30. Amendment of Declaration. Except as provided
elsewhere herein, the covenants and restrictions of this
Declaration may be amended only by an instrument duly recorded in
the Office of the Register of Deeds of New Hanover County
executed by the duly authorized officers of the Association upon
the vote of the Owners of not less than three fourths (9/4ths) of
the Lots. In no event may this Declaration be amended so as to
deprive the Developer of any rights herein granted or reserved
unto Developer, unless the Developer consents to such amendment
in writing.
Section 31. Amendment by the Developer. The Developer may
amend any part or all of this Declaration without the consent of
any other entity, from time to time, by executing, acknowledging,
and recording an amendment in the office of the Register of Deeds
of New Hanover County, which amendment shall be applicable only
to Lots conveyed by the Developer subsequent to the recording of
such amendment.
Section 7. Transfer of Developer's Rights. The Developer
may assign any or all of its rights, privileges, and powers under
this Declaration to one or more entities, including, but not
limited to, the Association. All of the Developer's rights,
privileges and powers under this Declaration, unless otherwise
assigned, shall inure to the benefit of its successors by merger,
12

Inst # 55249 Book 1403Page: 754
or a transferee of all or substantially all of the assets of the
Developer.
IN WITNESS WHEREOF, POINT ASSOCIATES, L.L.C., the Developer
herein, has caused this Declaration to be executed in its name by
its authorized Member -Managers, as the act and deed of the said
Limited Liability Company, the day and year first above written.
AT ST:
xl'� 4 4't'�A�
A is nt StAL)
retary
(CORPORATE
POINT ASSOCIATES, L.L.C.
WILMINGTON HOLDING -ORP.,
MEMBER-MANA ER
By:
VJGC Pkesident
By:Al V Edwin L. Burnett, III
MEMBER -MANAGER
13

STATE OF NORTH CAROLINA Inst 0 55249 Book 1403Page: 755
COUNTY OF NEW HANOVER
I, a Notary Public of the County of Pender and State
aforesaid, certify that Haydee J. Hendrix personally came before
me this day and acknowledged that she is the Assistant Secretary
Of WILMINGTON HOLDING CORP., a North Carolina Corporation and a
Member -Manager of POINT ASSOCIATES, L.L.C., a North Carolina
Limited Liability Company; 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 herself as its Assistant
Secretary, as a Member -Manager of the said Point Associates,
L.L.C., and as the act and deed of the said limited liability
company.
WITNESS my hand and official stamp or seal, this 1st day of
September, 2000.
My commission expires: 11/27/2000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Notary Public
I
JERRY Y. THOMASON
NOTARY PUBLIC
Pender Co., NC
`y� •,, _ ,;
My Commission Expires
I, a Notary Public of the County of Pender and State
aforesaid, certify that EDWIN L. BURNETT, III, and ALTON Y.
LENNON, each being Member -Managers of POINT ASSOCIATES, L.L.C., a
North Carolina Limited Liability Company, each personally came
before me this day and acknowledged their due execution of the
foregoing and annexed instrument in their capacity as Member -
Managers on behalf of and as the act and deed of the said POINT
ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this 1st day of
September, 2000.
otary Public
My commission expires: 11/27/2000
JERRY Y. THOMASON
r .F + NOTARY PUBLIC
WESTPORT : WESTPRTRES -1 Pender Co., NC
w� My Commission Expires
11127P1000
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of JERRY Y THOMASON
14otary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 18th Day of September 2000
in the Book and Page shown on the First Page hereof. '
ROBERTUNOBI SON Register f Die s

Brunswick County ---Register of Deeds
Robert J. Robinson
Inst #175554 Book 1820Page 860
09/05/2003 12:32:40pm Rec#1�0 0 •z-�7
d
.nstPLVA454 Book 1821Page: 743
IRECEIVIED
FEB 17 2004 RET "� V zr
TOTAL &?,- REV TC#
STATE OF NORTH CAROLINA DWQ REC#,,,,,__. CK AMT L-2- CK#�,,
*PROD �
CASH �.----- RF.F ® BY
COUNTY OF BRUNSWICK
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS OF WESTPORT AT SOUTH HARBOUR VILLAGE
This First Amendment to the Declaration of Covenants,
Conditions, and Restrictions of WESTPORT AT SOUTH HARBOUR
VILLAGE, made the r1*' day of - %Csw 2003, by POINT
ASSOCIATES, L.L.C.',_ia —North Carolfina Limited Liability Company,
hereinafter referred to as "Developer"; and WESTPORT HOA, INC.,
hereinafter referred as the "Association";
W .I T N E S S E T H:
Whereas, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as WESTPORT AT SOUTH HARBOUR VILLAGE; and
Whereas, Developer did, on September 18, 2000, cause a
certain "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
WESTPORT AT SOUTH HARBOUR VILLAGE" (hereinafter the
"Declaration")to be recorded in the Office of the Brunswick
County Register of Deeds in Book 1403 at Page 742; and
WHEREAS, WESTPORT HOA, INC., is the nonprofit association
which has been formed to manage the association of the homeowners
within said subdivision; and
WHEREAS, Developer and many of the Lot Owners within the
subdivision have recognized the need to amend the said
Declaration and, therefore, did vote to amend the said
Declaration, and further, did authorize, empower, and direct the
Association to execute said Amendment and to record same in the
Office of the Register of Deeds of Brunswick County, North
Carolina;
NOW, THEREFORE, Association, acting upon the direction and
vote of more than three fourths of the Lot Owners within WESTPORT
AT SOUTH HARBOUR VILLAGE subdivision, and the Developer, do
hereby declare that the DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS WESTPORT AT SOUTH HARBOUR VILLAGE recorded in Book
1403 at Page 742 of the Brunswick County Registry are, pursuant
to and as provided by the terms of said Declaration, amended as
follows:
1

Inst # 175554 Book 1820Page: 861
In_st # 1.77f4�5-4A -Book 1827Page: 744
The second and third paragraphs of the Declaration
are deleted in their entirety and the following
language is substituted in lieu thereof:
"WITNESSETH :
Whereas, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as WESTPORT AT SOUTH HARBOUR VILLAGE which is shown on
certain maps thereof said maps being originally recorded in Map
Cabinet 21, Pages 446 through 452, inclusive, and subsequently
being shown on revised maps thereof (consisting of seven {7)
sheets) entitled, respectively: "Revised Location & Key Map for
WESTPORT AT SOUTH HARBOUR VILLAGE" (same being sheet 1 of 7),
recorded in Map Cabinet 24 at Page 270, and "Revised Map of
WESTPORT AT SOUTH HARBOUR VILLAGE" (being sheets 2 through 7 of
7) recorded in said Registry in Map Cabinet 24 at Pages 271, 272,
273, 274, 275, and 276, inclusive, to which revised maps
reference is hereby made for a more particular description or
descriptions, (the "Subdivision");
NOW, THEREFORE, Developer hereby declares that the
Subdivision described above shall be held, sold, and conveyed
subject to the following described covenants, conditions,
restrictions, and easements, as well as to a Master Declaration
of Covenants, Conditions and Restrictions for South Harbour
Village (the "Master Declaration), as they or either of them
shall be amended and/or supplemented from time to time,'all of
which are for the purpose of protecting the value and
desirability of said subdivision, and which shall run with the
land and be binding on all parties having any right, title, or
interest in the said subdivision or any part thereof, their
heirs, successors, and assigns, and shall inure to the benefit of
each owner thereof."
ARTICLE I., "DEFINITIONS", is deleted in its
entirety and the following is substituted in lieu
thereof:
"DEFINITIONS"
Section 1. Additional Property shall mean and refer to any
lands which may hereafter be annexed to and made a part of
WESTPORT AT SOUTH HARBOUR VILLAGE subdivision by the Developer,
pursuant to Article X hereof.
Section 2. Association shall mean and refer to WESTPORT
HOA, Inc., a North Carolina nonprofit corporation, its successors
and assigns.
Section 3. Assessments shall mean the Assessments defined
in Article VII hereof. However, it is understood and agreed that
the Master Association may charge assessments as well, as
provided herein.
Section 4. Board of Directors or Board shall mean the board
of directors of the Association.
Section 5. By -Laws shall mean the by-laws of the
Association, as the same may be amended from time to time.
2

Inst'# 177454 Book 1827Page: 745
A&ALCA-L4
Inst # 175554 Book 1820Page: 862
Section 6. Common Area shall mean and refer to that part of
the Common Property designated by the Association from time to
time for use by the Members and such other persons as the
Association may from time to time permit.
Section 7. Common Property shall mean and refer to all real
estate and interests, specifically including, without limitation,
easements, in real estate owned by the Association, and any
recreational facilities, pools, tennis courts, or other
improvements constructed on or under such real estate or
interests in real estate.
Section 8. Developer shall mean and refer to POINT
ASSOCIATES, L.L.C.,its successors and assigns.
Section 9. Declaration shall mean this instrument as it may
be from time to time amended or supplemented.
Section 10. Lot s shall mean and refer to any numbered lot
shown upon the map or maps of the Subdivision originally
recorded in Map Cabinet 21, Pages 446 through 452, inclusive, and
subsequently being shown on revised maps thereof (consisting of
seven (7) sheets) entitled, respectively: "Revised Location & Key
Map for WESTPORT AT SOUTH HARBOUR VILLAGE" (same being sheet 1 of
7), recorded in Map Cabinet 24 at Page 270, and "Revised Map of
WESTPORT AT SOUTH HARBOUR VILLAGE" (being sheets 2 through 7 of
7) recorded in said Registry in Map Cabinet 24 at Pages 271, 272,
273, 274, 275, and 276, inclusive, to which revised maps
reference is hereby made for a more particular description or
descriptions.
Section 11. Master Association shall refer to and mean South
Harbour Master Property Owners Association, Inc., and/or South
Harbour Master POA, Inc., or similar of which Westport HOA, Inc.,
shall be a member and shall be subject to the Master Declaration
as provided by North Carolina statute.
Section 12. Member(s) shall mean and refer to the Member(s)
of the Association.
Section 13. Membership shall mean and refer to the rights,
privileges, benefits, duties and obligations, which shall inure
to the benefit of and burden each Member of the Association.
Section 14. Owner(s) is defined in the articles of
incorporation of the Association, to -wit: all persons owning a
freehold estate in one or more Lots, either alone or with
other(s). "Persons" and its singular, include all entities
capable of owning a freehold estate in land. Owner(s) does not
include persons who do not own a freehold estate in a Lot,
including, but not limited to, persons holding or.owning
interests as security for repayment of indebtedness.
Section 15. Shared Common Areas , "Shared Common
Properties" and/or "Shared Common Amenities" shall mean and
refer to all real and personal property which may be owned by a
third party but which may be made available for use by the
Association members and/or owners of lots within the subdivision
in consideration of the payment of prorated charges for such use.
Section 16. Special Developer rights means rights reserved
for the benefit of a Developer to complete improvements within
the subdivision, to exercise any development right, to maintain
sales offices, management offices, signs advertising the lots,
3

•Inst # 177454 Book 1827Page: 746
Inst # 175554 Book 1820Page: 863
and/or sales models, to use easements through the common elements
for the purpose of making improvements within the subdivision or
within real estate which may be added to the subdivision, or to
appoint or remove any officer of the association or any executive
board member during any period of the Developer's control.
Section 17. Subdivision shall mean WESTPORT AT SOUTH HARBOUR
VILLAGE as shown on the revised maps above noted and recorded in
the Brunswick County Registry and any Additional Property.
ARTICLE II, "COMMON PROPERTY", is deleted in its
entirety and the following is substituted in lieu
thereof:
"ARTICLE II
COMMON PROPERTY; SHARED COMMON AREAS, AMENITIES AND/OR FACILITIES
Section 1. Property Rights. The use, occupation, and
possession of the Common Property shall be in accordance with
rules and regulations adopted by the Association, as the same may
be amended from time to time. No Owner shall have any right or
easement to use, occupy, or possess any part of the Common
Property, except pursuant to such rules and regulations.
Section 2. Management and Control. The Common Property
shall be managed and controlled exclusively by the Association.
All maintenance, repairs, modifications, or replacement of any
part of the Common Property shall be performed only by the
Association, or its designee, except that an Owner may landscape
and maintain easements owned by others on his Lot as permitted by
rules and regulations adopted by the Association from time to
time, and the Board may permit the Developer or its agents to
maintain and operate a sales office in or on any part of the
Common Property, for and at such time or times as the Board may
deem appropriate.
Section 3. SHARED COMMON AREAS, AMENITIES AND/OR FACILITIES.
Use of areas, amenities, and facilities. Developer may construct
a club house, pool and tennis court, and other facilities, which,
if built, shall be Shared Common Amenities and/or Shared Common
Areas for the use by all members of all homeowner, property
owner, or unit owner associations which are members of the Master
Association. It is understood and agreed that the Shared Common
Amenities and/or Shared Common Areas are NOT provided for the
exclusive use of the lot owners of Westport at South Harbour
Village subdivision or Association members but that all members
of the Master Association shall have the right to use such shared
common _Facilities. The Owner of each lot shall comply with all
such standards adopted by the Association."
ARTICLE IV, "WATER AND SEWER SERVICE", is deleted
in its entirety and the following is substituted in
lieu thereof:
"ARTICLE IV
WATER AND SEWER SERVICE
Section 1. Water shall be provided by a municipal or county
water service. The water tap fees, any impact fees, and all
4

inst # 177454 Book 1827Page: 747 inst # 175554 Book 1820Page: 864
%li., of
monthly charges for water service ror each Lot shall be the
responsibility of the Owner(s) of such Lot.
Section 2. All Lots will be tied into the South East
Brunswick Sanitary District sewer system. The sewer tap fees,
all impact fees, and all monthly charges for sewer service for
each Lot shall be the responsibility of the Owner(s) of such
Lot."
ARTICLE VII, "ASSESSMENTS", is deleted in its
entirety and the following is substituted in lieu
thereof:
"ARTICLE VII
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for
Assessments. Each Owner of any Lot, by acceptance of a deed for
the Owner's Lot, whether or not it shall be so expressed in such
deed, covenants and agrees to pay to the Association Annual and
Special Assessments (collectively the "Assessments").
The Assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and
shall be a continuing lien upon the respective Lot against which
the Assessments are made. Each Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such Lot
at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the
Owner's successors in title unless expressly assumed by them.
Section 2. Purposes of Assessments. The Assessments levied
by the Association may be used for any or all of the following
purposes --operation, maintenance and improvement of the Common
Property and any drainage or utility easements within the
Subdivision; landscaping and/or fencing of easements reserved
over Lots; enforcing this Declaration; paying taxes and any
insurance premiums on or for the Common Property and any drainage
or utility easements within the Subdivision, legal and accounting
fees and governmental charges; establishing working capital; and
in addition, doing any other things necessary or desirable to
further the above purposes, as set forth in the budget or amended
budget adopted by the Board. It is expressly understood and
agreed that assessments levied by the Association may also be
used for paying a prorated share of the costs of the maintenance
and improvement of Vanessa Drive and any other street which
provides access to the subdivision, but only as to that portion
of the said Vanessa Drive or other such streets which are not
maintained by the State of North Carolina. It is further
expressly understood that assessments may be made by the
Association to pay its obligations to the Master Association,
including, by way of example and not of limitation, assessments
to pay a pro-rata portion for the up keep and repair of any
Shared Common amenities and/or facilities. The Master Association
shall, in its sole discretion, levy assessments, both regular and
special. Such assessments shall have the same force and legal
effect, and shall be collectable in the same manner, as any
assessment levied by the Association.
Section 3. Annual Assessments. Annual Assessments shall be
in an amount to be fixed from year to year by the Board which may
5

Inst # 175554 Hook 1820Page: 865
inst # 17745AA4'' ++ Book 1827Page: 748
AL � 01
establish different rates from year to year as it may deem
necessary for the purposes as set forth above. The amount of the
Annual Assessment against each Lot for any given year shall be
fixed prior to January 1 of such year; provided, however, that
the first Annual Assessment shall be set prior to the conveyance
of the first Lot to an Owner and written notice to the Owners to
be subjected thereto shall be delivered to the Owners at or prior
to the closing of their Lots. Written notice of each Annual
Assessment thereafter shall be sent to every Owner subject
thereto. The due date shall be established by the Board and the
Board shall have the authority to allow the assessments to be
paid in pro rata installments. The Association shall, upon
demand, and for a reasonable charge furnish a certificate signed
by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
A. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased each year not more than
five percent (5%) above the Annual Assessment for the
previous year without a vote of the Members.
B. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased above five percent (5%)
only by a vote of the Owners of two-thirds (2/3) of the
Lots, voting in person or by proxy at a meeting duly called
for such purpose.
C. The Board may increase the amount of the Annual
Assessment to Four Hundred Fifty Dollars ($450.00) per Lot
notwithstanding the provisions of subsections A and B above,
and thereafter the limitations set forth in said subsections
shall apply to an annual increase.
Section 4. Special Assessments for Capital Improvements.
In addition to the Annual Assessments authorized above, the
Association may levy, in any assessment year equally against the
Lots, a Special Assessment applicable to the year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
improvement upon the Common Property or any drainage or utility
easement in the Subdivision, whether owned by the Association or
not, including the portion of Vanessa Drive as above referred to,
including fixtures and personal property related thereto,
provided that any such assessment shall be approved by vote of
the Owners of two-thirds (2/3) of the Lots voting in person or by
proxy at a meeting duly called for such purpose.
Section 5. Notice and Ouorum. For Any Action Required to be
Approved by the Members Under Sections 3 and 4. Written notice
of any meeting called for the purpose of taking any action by the
Members authorized under Section 3 and 4 shall be sent to all
Members not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting. At the first such meeting
called, the presence of Owners or of proxies entitled to cast the
votes for sixty percent (60%) of all of the Lots shall constitute
a quorum. If a quorum is not present at such meeting, the
meeting may be adjourned for lack of a quorum, until a date
specified in the motion to adjourn for lack of a quorum, on which
date a second meeting shall be held. The required quorum at such
second meeting shall be one-half (1/2) of the required quorum at
the first meeting. No such second meeting shall be held more
than sixty (60) days following the first meeting.
3

Ir�.st 177454 Book 1827Page: 749
Inst # 175554 Book 1820Page: 866
Section 5. Uniform Rate of Assessment. The Assessments
must be fixed at the same amount for each Lot and may be
collected on a monthly basis. Provided, however, in the event
that maintenance, repair or replacement of any part of the Common
Property is caused through the willful, or negligent act of an
Owner, his family, guests or invitees, the cost of such
maintenance, replacement, or repairs, shall be added to and
become a part of the Assessment to which such Owner's Lot is
subject.
Section 6. Commencement of Assessments. Assessments for
each Lot shall commence upon the date of acceptance by an Owner
of a deed from the Developer. If such date assessments commence
is not on January 1, the assessment for the Lot for such first
year shall be prorated. The Developer shall not be required to
Day Assessments. The Developer and/or the Association may require
the payment in advance of up to three months of homeowner's dues
or assessments at the time the Owner accepts a deed from the
Developer.
Section 7. Effect of Nonpayment of Assessments And Remedies
Of The Association. Any Assessment or installment thereof not
paid within thirty (30) days after the due date shall bear
interest from the due date of the highest rate allowable by law.
The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien
against the Lot. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by nonuse of
the Common Property or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due
and payable if an Owner fails to pay any installment within the
time permitted.
Section 8. Subordination Of The Lien To Mortgage. The lien
of the Assessments provided for herein shall be subordinate to
the lien of any first mortgage or deed of trust. Sale or
transfer of any Lot shall not affect the Assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such Assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any Assessments thereafter
becoming due or from the lien thereof.
Section 9. Action by Master Association. All Owners
acknowledge and agree that the Master Association may, in its
discretion, levy assessments, both regular and special, for such
lawful purposes as may be deemed necessary by the Board of
Directors of the said Master Association. Such assessment(s)shall
have the same force and legal effect as any assessment of the
Association."
ARTICLE VIII,"ARCHITECTURAL CONTROL/CONSTRUCTION"
is deleted in its entirety and the following is
substituted in lieu thereof:
"ARTICLE VIII
ARCHITECTURAL CONTROL/CONSTRUCTION
Section 1. Developer's Rights. All rights, duties and
responsibilities conferred by this Article shall be exercised and
performed by the Developer or its designee, so long as the
Developer owns any Lot within the Subdivision. When the
7

Inst'# 177454 Hook 3_827Page: 750 Inst # 175554 Hook 1820Page: 867
js--�
Developer no longer owns any Lot within the Subdivision, all such
rights, duties and responsibilities shall be exercised and
performed by the Association, which may delegate the same to an
Architectural Control Committee appointed by the Board.
Section 2. Building and Site Improvements. No structure
(including but not limited to dwellings, walls, fences, garages,
and outbuildings) shall be commenced, erected, placed, or
maintained upon any Lot, nor shall any exterior addition to or
change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the plans and specifications
showing the nature, kind, shape, heights, materials, colors and
location of the same shall have been submitted in writing and
approved in writing as to harmony of external design and location
in relation to surrounding structures and topography. If such
written plans and specifications and site plan are not approved
or disapproved in writing within thirty (30) days after the same
have been submitted, approval under this Article will not be
required and this Article will be deemed to have been fully
complied with. Approval or disapproval of any such plans,
location or specifications may be based upon any ground,
including purely aesthetic and environmental considerations, that
may in the sole and uncontrolled discretion of the Developer, the
Association, or Architectural Control Committee, as the case may
be, be deemed sufficient. one copy of all such plans,
specifications, and related data shall be furnished to the
Developer, the Association, or Architectural Control Committee,
as the case may be, to retain for its records. Neither the
Developer, the Association, nor the Architectural Control
Committee shall be responsible for any structural or other
defects in plans and specifications submitted to it or any
structure erected according to such plans and specifications.
Section 3. Approval of Plans. No house plans will be
approved unless the proposed house shall have a minimum of
Twelve Hundred Fifty (1,250) square feet of enclosed, heated
dwelling area. The term "enclosed, heated dwelling area" as
used in the minimum requirements shall be the total enclosed area
within a dwelling which is heated by a common heating system;
provided, however, that such term does not include garages,
terraces, decks, open porches, and like areas. Further, no house
plans will be approved unless such plans are submitted with a
landscape plan for the entire Lot, which landscape plan must also
be approved by the Architectural Control Committee. Any and all
vegetation and/or tree planting or removal must be included as a
part of the proposed landscape plan.
Section 4. Setbacks. Since the establishment of inflexible
building setback lines for location of houses on lots tends to
force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related
considerations, no specific setback lines shall be established by
this Declaration. In order to assure, however, that the
foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any lot
shall be controlled by and must be approved absolutely by the
Developer, the Association, or the Architectural Control
Committee, as the case may be; provided, however, that no
dwelling shall be constructed closer than five (5) feet to an
adjoining property line. Further, the site plan referred to in
Section 2. and Section 3. of this Article shall specifically
illustrate the location of all structures on the lot relative to
the street frontage. Such front setbacks shall be twenty five
8

inst # 177454 Book 1827Page: 751
. d
Inst # 175554 Book 1820Page: 868
(25) feet unless a lesser setback is specifically approved by the
Architectural Control Committee.
Section S. Completion. The exterior of all houses and
other structures must be completed within twelve (12) months
after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship
to the Owner or builder, due to strikes, fires, national
emergency or natural emergency or natural calamities.
Section 6. Single Family Residences. No structure shall be
erected, altered, placed or permitted to remain on any Lot,
except one single family dwelling not to exceed two and a half
stories in height, unless the Developer, the Association, or the
Architectural Control Committee, as the case may be, approves in
writing a structure of more than two and one-half stories, and
one or more small accessory buildings (which may include a
detached private garage, or guest facilities) provided the use of
such dwelling or accessory building does not in the opinion of
the Developer, the Association, or Architectural Control
Committee overcrowd the site, and provided further, that such
buildings are not used for any activity normally conducted as a
business.
Section 7. Utility Services, Mail Boxes Fences Etc All
utility service lines and facilities, fuel tanks, clothes lines
and wood piles are to be enclosed within a wall or plant screen
of a type and size approved by the Developer, the Association or
the Architectural Control Committee, and by the Master
Association, so as to preclude the same from causing an unsightly
view from any street within the subdivision, or from any other
residence within the subdivision. All mail and newspaper boxes
shall be uniform in design. Design for mail and newspaper boxes
shall be furnished by Developer, the Association, or the
Architectural Control Committee, subject to the final approval of
the Master Association. No fences shall at any time be placed or
permitted to remain on any lot without approval of the Developer,
Association or Architectural Control Committee, and the Master
Association.
Section B. Off Street Parking. Off street parking for not
less than two (2) passenger automobiles must be provided on each
Lot prior to the occupancy of any dwelling constructed on said
Lot which parking areas and the driveways thereto shall be
constructed of concrete, brick, asphalt, or turf stone, or any
other material approved by Developer, the Association or
Architectural Control Committee.
Section 9. Driveways. Driveways are to be constructed in
accordance with North Carolina Department of Transportation
standards. All driveway construction materials must be a part of
the plans and specifications herein -above referenced which must
be submitted to and approved by the Architectural Control
Committee.
Section 10. Wells. Except as provided otherwise, no wells
may be constructed or used on any Lot, except for the purpose of
irrigating exterior plantings. A well may be used to provide
water for household or other uses, provided such use is consented
to in advance in writing by the public utility entitled to
provide water service to the Lot, and such use does not violate
any other provisions of this Declaration.
Section 11. Sodding and Irrigation of Front Lawns. All
front and side lawns on Lots on which a residence exists shall be
9

inst # 177454 Book 1827Page: 752
Inst # 1.75554 Book 1820Page: 869
sodded to the edge of all roads or streets providing any access
to any lot and shall be adequately watered by an underground -pipe
sprinkler irrigation system.
Section 12. Alterations to the Common Property. No person
shall undertake, cause, or allow any construction in, on or under
any part of the Common Property, or undertake, cause, or allow
any alteration to be made any part of the Common Property, except
at the direction or with the express written consent of the
Association.
ARTICLE XI, "GENERAL PROVISIONS", shall be deleted
in its entirety and the following is substituted in
lieu thereof:
"ARTICLE XI
GENERAL PROVISIONS
Section 1. General Enforcement. The Developer, the
Association, or any Owner, and, where applicable, the State of
North Carolina, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. Failure by the
Developer, the Association, an Owner, or the State of North
Carolina to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so
thereafter.
Section 2. Enforcement Of Stormwater Runoff Regulations.
The covenants set forth herein are intended to ensure the ongoing
compliance with all existing State Stormwater Management Permits
as issued by the Division of Water Quality under NCAC 2H1000, and
specifically Permit No. SW8 990851 "Modification". The State of
North Carolina is hereby made a beneficiary of this Declaration
to the extent necessary to enforce its stormwater runoff
regulations as the same may be amended from time to time and to
maintain compliance with the above noted stormwater management
permit(s). These covenants shall run with the land and be
binding upon all persons and parties claiming under them. The
Built Upon Area for each Lot shall be as is shown on an
allocation schedule for each lot as has been established by the
said State, a copy of which is attached hereto as Exhibit "B",
unless and until the State of North Carolina shall revise its
stormwater runoff regulations to permit a greater Built Upon Area
for such Lot or Lots. For purposes of this section, the
allowable "Built Upon Area" shall include that portion of the
right-of-way between the front lot line and the edge of the
pavement. Further, built upon areas shall include, but not be
limited to, structures, pavement, walkways of asphalt, concrete,
gravel, brick, stone, slate, or coquina, but shall not include
raised, open wood or synthetic material decking, or the water
surface of a swimming pool. Any Owner may, in accordance with
applicable government regulations, borrow from another Owner any
Built Upon Area which is not being utilized by the other Owner,
without the approval of any Owner(s) not involved in such
transaction, the Developer, or the Association.
Any covenants pertaining to stormwater regulations may
not be changed or deleted without the concurrence of the Division
of Water Quality of the North Carolina Department of Environment
and Natural Resources. Lots within the Area of Environmental
10

Inst # 177454 Book 1827Page: 753
%LEI
Inst # 175554 Book 1820Page: 870
Concern (AEC) of Coastal Area Management (CAMA) may have the
built -upon area reduced to CAMA jurisdiction within the AEC.
Alteration of the drainage as shown on the approved plan shall
not take place without the concurrence of the State of North
Carolina. Furthermore, all drainage easements, and/or any portion
thereof which is located on any portion of any lot within the
subdivision shall be preserved, protected, and maintained by the
owner of said lot. Further, the filling in or piping of any
vegetative conveyances (ditches, swales, etc.) within or used by
the subdivision, except for average driveway crossings, is
strictly prohibited. Each lot will maintain a thirty (30) foot
wide vegetated buffer between all impervious areas and surface
waters. All roof drains shall terminate at least thirty(30) feet
from the mean high water mark.
With respect to any curb and gutter located within the
subdivision, the following additional restrictions shall apply:
(A) Filling in, piping or altering any designated 5:1
curb outlet Swale associated with the subdivision is
prohibited by any person or persons.
(B) With respect to any curb outlet system, each designated
curb outlet Swale shown on the approved plan must be
maintained at a minimum..of 100 feet long with a 5:1 (H:V)
side slope or flatter, have a longitudinal slope no steeper
than 5%, carry the flow from a 10 year storm in a non -
erosive manner, and maintain a dense vegetated cover.
Section 3. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions, which shall remain in full
force and effect.
Section 4. Lots Subject to Declaration; Extension. All
present and future Owners, tenants, and occupants of Lots and
their guests or invitees, shall be subject to, and shall comply
with the provisions of this Declaration, as amended from time to
time. The acceptance of a deed of conveyance or the entering
into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of this Declaration
are accepted and ratified by such Owner, tenant or occupant. The
covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any
interest or estate in any Lot, as though such provisions were
made a part of each and every deed of conveyance or lease, for a
term of ten (10) years from the date hereof, after which time
they shall be automatically extended for successive periods of
ten (10) years, unless by vote of Owners of not less than three
fourths (3/4) of the Lots this Declaration has been amended to
provide otherwise.
Section 5. Amendment of Declaration. Except as provided
elsewhere herein, the covenants and restrictions of this
Declaration may be amended only by an instrument duly recorded in
the Office of the Register of Deeds of Brunswick County executed
by the duly authorized officers of the Association upon the vote
of the Owners of not less than two thirds (2/3) of the Lots. In
no event may this Declaration be amended so as to deprive the
Developer of any rights herein granted or reserved unto
Developer, unless the Developer consents to such amendment in
writing.
11

Inst # 175554 Hook 1820Page: 871
Lnst,# 177454 Book 182,/Page: 754
. 11(1�-d
Section 6. Amendment by the Developer. The Developer may
amend any part or all of this Declaration without the consent of
any other entity, from time to time, by executing, acknowledging,
and recording an amendment in the office of the Register of Deeds
of Brunswick County, which amendment shall be applicable only to
Lots conveyed by the Developer subsequent to the recording of
such amendment.
Section 7. Transfer of Developer's Rights. The Developer
may assign any or all of its rights, privileges, and powers under
this Declaration to one or more entities, including, but not
limited to, the Association. All of the Developer's rights,
privileges and powers under this Declaration, unless otherwise
assigned, shall inure to the benefit of its successors by merger,
or a transferee of all or substantially all of the assets of the
Developer."
The following shall be added to the Declaration as
an additional ARTICLE XII:
"ARTICLE XII
GOLF FACILITY
Section 1. Golf Facility. Developer intends to subject the
lots and/or common areas (sometimes referred to herein as the
"Properties") to further restrictions relating to the overall
development of the subdivision, including, but not limited to,
restrictions relating to the potential development of a golf
course upon lands which are or may be adjacent to the Properties.
All Owners acknowledge and agree that the Developer anticipates
that one or more Golf Facilities may be constructed, operated and
maintained in or contiguous to portions of the Properties as
privately owned facilities and not as part of.any Common
Property. However, this statement shall not be construed as
imposing on the Developer any obligation or commitment to
construct, operate or maintain any Golf Facility or to have any
Golf Facility constructed, operated or maintained by others.
Further, even if such facility is constructed and maintained for
any period of time, Developer expressly reserves the right, at
its sole option and discretion, to change, alter, and/or abandon
such golf course operation in whole or in part. The easements
established herein shall exist and continue with respect to each
Golf Facility as long as it is operated as a Golf Facility.
Section 2. Existence of a Golf Facility. The Developer
hereby informs all Owners, their family members, and guests,
that there exist certain hazards or risks associated with the
existence of a Golf Facility and the ownership or use of
the adjacent property, the surrounding property and other
portions of the properties, including the risk of personal
injury or property damage from golf balls, golf carts and
golf course maintenance equipment. The Developer further
informs all Owners, and their family members, and guests,
that the Developer, for itself and its successors and
assigns, reserves easements for golfers to go onto portions
of the Properties to look for and retrieve golf balls which,
due to errant golf shots, have come to rest outside of the
boundaries of a Golf Facility. All Owners, for themselves,
their families, contractors, guests, lessees and contract
purchasers, by their acceptance of any deed, specifically
acknowledges the existence and acceptance of the foregoing
risks, easements and interference with the use and enjoyment
of the said Properties, which risks and interference arise
12

'Dist # 177454 Book 1827Page: 7.55 Inst # 175554 Book 1820Page: 872
ce d
out of and are associated with the usual ana normal
operation, use and maintenance of a Golf Facility.
Section 3. Use of Golf Facility• Interference. No Owner shall
have any right, solely by virtue of such ownership or by payment
of assessments to any homeowner's association, whether or not
their lands adjoins a boundary of a Golf Facility, of access to
or across, entry onto, membership in, or other use or enjoyment
of any Golf Facility. Use of a Golf Facility in or contiguous to
any of the Properties may or may not be exclusive to the other
lot owners within the development. There shall be no activities
conducted on any of the Properties that unreasonably disturb the
playing of golf or the use or enjoyment of a Golf Facility by the
members and guests thereof, including, without limitation, undue
noise, unsightly trash or debris, or any other noxious or
offensive activity. Without the written consent of the owner of
a Golf Facility, there shall be no fencing or other obstructions
on any portion of the Properties located within a distance of ten
(10) feet from any boundary of such Golf Facility.
Section 4. Use Not a Nuisance. Use of any part of a Golf
Facility by any person in accordance with the reasonable rules
and regulations established by the owner of the Golf Facility,
including use of a Golf Facility for golf tournaments or social
events shall not constitute a nuisance.
Section 5. Easements For Golf Facility.
A. All portions of the Properties located within 300 yards
of a boundary of the golf course portion of a Golf Facility
are subject to perpetual, non-exclusive easements for (i) golf
balls that come upon or fly over such portions of said lands
as a result of errant golf shots struck by golfers using a
Golf Facility (excluding golf balls resulting from any golf
shot or other action by a golfer where the golfer's intent is
to cause the golf ball to go on or over such lands) and (ii)
golfers, at reasonable times and in a reasonable manner, to
enter said lands to retrieve such golf balls. Provided,
however, if such portion of lands to be entered is fenced or
otherwise secured, before entry the golfer shall obtain the
permission of the Owner thereof, and nothing herein shall give
any person the right to enter any dwelling, building or other
structure on any portion of the lands conveyed hereby to
retrieve golf balls or for any other purpose. Further
provided, nothing herein shall permit a golfer to strike a
golf ball from or any portion of land conveyed hereby outside
of the Golf Facility. The reasonable exercise of these
easements by any person for whom they are reserved shall not
constitute a trespass to any portion of lands conveyed hereby
or a nuisance. The existence of these easements shall not
relieve golfers who use the Golf Facility or who strike the
errant golf shots of or from liability for personal injury or
property damage caused by or resulting from any such use or
errant golf shots.
B. The portion of any surrounding property immediately
adjacent to a boundary of a golf Facility is hereby burdened
with perpetual, nonexclusive easements in favor of that Golf
Facility for (i) the reasonable over spray of water or treated
effluent from the irrigation system serving that Golf Facility
and (ii) the reasonable incursion of Golf Facility maintenance
equipment and personnel, in order to maintain the boundary
areas of a Golf Facility.
13

Inst # 175554 Book 1820Page: 873
Inst # 1774544h- -Book 1827Page: 756
'tom' o/
C. The owners and management of the Goit Facility, their
agents, successors and assigns, shall at all reasonable times
have a perpetual, non-exclusive easement of access and use
over the Properties as may be reasonably necessary to the
maintenance of that Golf Facility, including use during any
PGA TOUR EVENT, and the right to retrieve golf balls from
bodies of water within any Common Property lying reasonably
within range of golf balls hit from that Golf Facility.
Provided, following each exercise of any such easement, the
owner of any Golf Facility who exercises the easement promptly
shall restore any designated Common Property to the condition
it was in prior to the exercise of the easement.
Section 6. Limitation of Liability. Neither the Developer,
any Builder, any Homeowner's Association, Master Association, nor
any of the members, managers, shareholders, officers, directors,
employees, agents, contractors, affiliates, subsidiaries,
predecessors, successors, or assigns of the Developer, Builder,
the Association, or the Master Association shall be responsible
or liable in any way to any Owner or to any other person for any
claims, causes or action, damages to person or property,
judgments, liens, losses, injuries, demands, interference,
liabilities, or obligations whatsoever, arising out of or
resulting from any one or more of the following: (i) any
interference of the party of any Owner's use and enjoyment of any
Common Property or any portion of Properties by anyone using the
Golf Facility; (ii) improper design or operation or use of the
golf course or any other portion of a Golf Facility; (iii) the
level of skill of any golfer; (iv) trespass by any golfer on any
portion of the properties; (v) golf balls (regardless of the
number and frequency or occurrences) hit or thrown over or onto
any portion of said lands; (vi) golf equipment; (vii) Golf
Facility maintenance equipment and devises; (viii) social events
held at a Golf Facility; (ix) the exercise by any golfer or the
owner of a Golf Facility of any easement reserved or established
for golfers or that Golf Facility by this Deed or shown on any
plat of the properties recorded in the Registry. Provided,
however, the foregoing liability limitations are not applicable
to any of the named persons with respect to their acts or
omissions as golfers, members or guests using the Golf Facility,
or as owners, managers, agents or employees of a Golf Facility.
No Golf Facility, nor any owner or management, thereof, nor any
member, partner or shareholder thereof or any affiliate of any
such member, partner or shareholder, nor their respective
employees, officers, directors or agents, nor any architects,
builders, contractors or land planners hired or retained by the
owner of such Golf Facility, in the foregoing capacities, shall
be liable for any damage or injury resulting from errant golf
balls hit by their parties, retrieval or errant golf balls by
third parties from the reasonable over spray of water from that
Golf Facility. Provided, however, the foregoing liability
limitations are not applicable to any of the named persons with
respect to their acts or omissions as golfers, members or guests
using the Golf Facility.
Except as is amended hereby, the Declaration of
Covenants,Conditions, and Restrictions WESTPORT AT
SOUTH HARBOUR VILLAGE Subdivision recorded in Book 1403
at Page 742 of the Brunswick County Registry is hereby
ratified, confirmed, re -declared, and re -adopted.
14

Inst # 175554 Book 1820Page: 874
Inst # 177454 Book 1827Page: 757
/v,,cAd
IN WITNESS WHEREOF, POINT ASSOCIATES, L.L.C.,the
Developer herein, has caused this First Amendment to the
Declaration of Covenants Conditions and Restrictions WESTPORT AT
SOUTH HARBOUR VILLAGE Subdivision to be executed in its name by
its duly authorized Member -Managers, and WESTPORT HOA, INC.,
through its duly authorized officers, has likewise executed this
document as the act and deed of the said WESTPORT HOA, INC.,
all as of the day and year first above written.
s s i s t A t Secretary
(RUE SEAL)
s stant Secretary
PORATE SEAL)
ATTEST:
POINT ASSOCIATES, L.L.C.,
By: Wilmington Holding Corp.
1, Moriber-Manager
By:
e President
By: VIABLE CORP., Member -Manager
President
WESTPORT HOA, INC.
ByL
Vice President
stant Secretary
15

Imst # 177454 Book 1827Page: 75$
Inst # 175554 Hook 1820Page: 875
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that _Jerry Thomason_ personally came before me this
day and acknowledged that she is the Assistant Secretary of
Wilmington Holding Corp., a North Carolina corporation, which
corporation is a Member -Manager of POINT ASSOCIATES, L.L.C.,
a North Carolina Limited Liability Company, 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
herself as its Assistant Secretary, on behalf of and as the
act and deed of the said POINT ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this 4th day
of —.September 2003.
Notary Public s.,.
vonne R. Sneeden
My commission expires: ii/��/06 °n� •�'",• +"••;+y**
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
�'
I, a Notary Public of the County and State afore
�..�.M
•'"._ ...
certify that Alton Y. Lennon personally came before
day and acknowledged that he is the Assistant Secretary
Viable Corp., a North Carolina corporation, which corporation
is a Member -Manager of POINT ASSOCIATES., L.L.C., a North
Carolina Limited Liability Company, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President, sealed
with its corporate seal and attested by himself as its
Assistant Secretary, on behalf of and as the act and deed of
the said POINT ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this 4th day
of September , 2003. fl
My commission exp
Notary Pfiblic
s. 11/12/06
STATE OF NORTH CAROLINA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Yvonne
• w'f
.iI
.� .• ` e
I, a Notary Public of the County and State aforesaid"1•1-­
'
certify that Alton Y. LennoA personally came before me this
day and acknowledged that the is the Assistant Secretary of
WESTPORT HOA, INC., a North Carolina non-profit corporation,
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
IR

I
Tnst # 177454 Book 1827Page: 759 nst # 175554 Book 1820Page: 876
ALAO-Otd
attested by himself as its Assistant Secretary, as duly
authorized by the Board of Directors, on behalf of and as the
act and deed of the said WESTPORT HOA, INC.
WITNESS my hand and official stamp or seal, this
Member , 2003. /1
4th day
Y ----j ` ""�" " Yvonne R. Sneeden
expires: 11/12/06
03B:WstPtDecam-2
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing•(`or annexed) Certificate(s) of
YU or, V Q
0
M.-fe- M
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this Day of a in the Book and page shown on the First Page hereof. rr
RO E J. RO INSON, Register of eeds
17

I�c�t # 177454 Book 1827Page.: 760
EXHIBIT nBn
ALLOWABLE IMPERVIOUS SURFACE TABLE
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVISION
A&K PROJECT NO. 02022
Lot # 'AIS/SF
180
Lot #
46
2,636
47
3
2,400
48
4
2,636
49
5
2,636
50
6
2,636
51
7
2,400
52
8
2,636
53
9
2;636 ""
54--:
10
2,400
55
11
2,400
56
12
2,400
57
13
2,636
58
14
2,636
59
15
2,636
60
16
2,636
61
17
2,636
62
18
2,400
63
is,
2,636
64
20
2,.636
-65
21
2,636
66
22
2,636
67
23
2,636
68
24
.2,636
69
25
2,636
70
26
2,636
71
27
2,636
-72
28
.2,636
73
29
2,400
74
30
2,400
75
31
2,636
76
J2
2,636
77
33
2,636
78
'34
2,636--:
79.....
.35
2,636
80
36
2,636
81
37
.2,636
82
38
2,636
83
39
.2,636
84
40
2,636
85
41
2,400
86
42
2,400
87
43
2,636
88
44
:2,636
89
45
2,636
90
'AIS/SF
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
.. 2,636
2,636
2,636
2,636
2,400
2,400
2,400
2,400
2,400
2,400
2,400
2,636
2,636
2,636
2,636
2,636
2,636
.2,400
2,636
2,636
2,636
2,636
2,635
2,636
2,636
2,636'
2,636
2,636
2,636
2,636
2,636
2,636
2,635
2,636
2,636
2,635
2,636
Low
91
92
93
94
95
96
97
. 98 .
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
123
124
125
126
127
128
129
130
131
132
133
134
135
136
+AIS/SF = Allowable Impervious Surface (SF)
Allowable Impervious Surface Table.doc
*AIS/SF Lot# "AIS/SF
2,636
137 2,400
2,636
138 2,400
2,636
139 2,636
2,400
140 2,636
2,400
141 2,636
2,400
142 2,400
2,400
2;400
143 6 6
#/- 144�
2,4013
0 6
2,400
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
.2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
.2.636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,400
R P.
E k-TIVED
MAP 2.2 2002
DWO

STATE OF NORTH CAROLINA FIRST AMENDMENT TO THE
COUNTY OF BRUNSWICK DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS OF WESTPORT AT
SOUTH HARBOUR VILLAGE
This First Amendment to the Declaration of Covenants,
Conditions, and Restrictions of WESTPORT AT SOUTH HARBOUR
VILLAGE, made the day of , 2002, by POINT
ASSOCIATES, L.L.C. , a North Carolina LIMITED Liability
Company, hereinafter referred to as "Developer";
W I T N E S S E T H:
Whereas, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as WESTPORT AT SOUTH HARBOUR VILLAGE; and
Whereas, Developer did, on September 18, 2000, cause a
certain "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
WESTPORT AT SOUTH HARBOUR VILLAGE'° (hereinafter the
"Declaration")to be recorded in the Office the the Brunswick
County Register of Deeds in Book 1403 at Page 742; and
WHEREAS, Developer has recognized the need to amendment the
said Declaration and hereby does so, all as is provided in the
said Declaration;
NOW, THEREFORE, Developer does hereby declare that the
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS WESTPORT
AT SOUTH HARBOUR VILLAGE recorded in Book 1403 at Page 742 of the
Brunswick County Registry are, pursuant to and as provided by the
terms of said Declaration, amended as follows:
The second paragraph of the Declaration is amended to read
as follows
"WITNESSETH :
Whereas, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as WESTPORT AT SOUTH HARBOUR VILLAGE which is shown on
certain maps thereof said maps being originally recorded in Map
Cabinet 21, Pages 446 through 452, inclusive, and subsequently
being shown on revised maps thereof (consisting of seven {7)
sheets) entitled, respectively: "Revised Location & Key Map for
WESTPORT AT SOUTH HARBOUR VILLAGE" (same being sheet 1 of 7) ,
recorded in Map Cabinet 24 at Page 270, and "Revised Map of
WESTPORT AT SOUTH HARBOUR VILLAGE" (being sheets 2 through 7 of
7) recorded in said Registery in Map Cabinet 24 at Pages 271,
272, 273, 274, 275, and 276, inclusive, to which revised maps
reference is hereby made for a more particular description or
descriptions, (the "Subdivision");"
ARTICLE XI, GENERAL PROVISIONS, shall be amended as follows:
Section 27. Shall be deleted and the following substituted
in lieu thereof:
"Section 27. Enforcement Of Storm Water Runoff
Regulations. The covenants set forth herein are intended to
ensure the ongoing compliance with State Stormwater
Management Permit Number , as issued by the
1

Division of Water Quality under NCAC 2H1000. The State of
North Carolina is hereby made a beneficiary of this
Declaration to the extent necessary to enforce its storm
water runoff regulations as the same may be amended from
time to time and to maintain compliance with the above noted
stormwater management permit. These covenants shall run
with the land and be be binding upon all persons and parties
claiming under them. The Built Upon Area for each Lot shall
be the amount of square feet as is shown on Attachment "A"
which is attached hereto and made a part hereof, unless and
until the State of North Carolina shall revise its storm
water runoff regulations to permit a greater Built Upon Area
for such Lot or Lots. For purposes of this section, the
allowable "Built Upon Area" shall include that portion of
the right-of-way between the front lot line and the edge of
the pavement. Further, built upon areas shall include, but
not be limited to, structures, pavement, walkways of
asphalt, concrete, gravel, brick, stone, slate, or coquina,
but shall not include raised, open wood or synthetic
material decking, or the water surface of a swimming pool.
Any Owner may, in accordance with applicable government
regulations, borrow from another Owner any Built Upon Area
which is not being utilized by the other Owner, without the
approval of any Owner(s) not involved in such transaction,
the Developer, or the Association.
Any covenants pertaining to stormwater regulations may
not be changed or deleted without the concurrence of the
Division of Water Quality of the North Carolina Department
of Environment and Natural Resources. Lots within the Area
of Environmental Concern (AEC) of Coastal Area Management
(LAMA) may have the built -upon area reduced to CAMA
jurisdiction within the AEC. Alteration of the drainage as
shown on the approved plan shall not take place without the
concurrence of the State of North Carolina. Furthermore, all
drainage easements, and/or any portion thereof which is
located on any portion of any lot within the subdivision
shall be preserved, protected, and maintained by the owner
of said lot. Further, the filling in or piping of any
vegetative conveyances (ditches, swales, etc.) within or
used by the subdivision, except for average driveway
crossings, is strictly prohibited. Each lot will maintain a
thirty (30) foot wide vegetated buffer between all
impervious areas and surface waters. All roof drains shall
terminate at least thirty(30) feet from the mean high water
mark.
With respect to any curb and gutter located within the
subdivision, the following additional restrictions shall
apply:
(A) Filling in, piping or altering any designated 5:1
curb outlet swale associated with the subdivision is
prohibited by any person or persons.
(B) With respect to any curb outlet system, each
designated curb outlet swale shown on the approved plan
must be maintained at a minimum of 100 feet long with a
5:1 (H:V) side slope or flatter, have a longitudinal
slope no steeper than 5%, carry the flow from a 10 year
storm in a non -erosive manner, and maintain a dense
vegetated cover.
E

Except as is amended hereby, the Declaration of Covenants,
Conditions, and Restrictions WESTPORT AT SOUTH HARBOUR VILLAGE
Subdivision recorded in Book 1403 at Page 742 of the Brunswick
County Registry is hereby ratified, confirmed, re -declared, and
re -adopted.
IN WITNESS WHEREOF, POINT ASSOCIATES, L.L.C., the Developer
herein, has caused this First Amendment to the Declaration of
Covenants Conditions and Restrictions WESTPORT AT SOUTH HARBOUR
VILLAGE Subdivision to be executed in its name by its duly
authorized Member -Managers, the day and year first above written.
ATTEST:
Assistant Secretary
(CORPORATE SEAL)
ATTEST:
Assistant Secretary
(CORPORATE SEAL)
POINT ASSOCIATES, L.L.C.,
By: Wilmington Holding Corp.
Member -Manager
By:
Vice President
By: VIABLE CORP., Member -Manager
By:
President
Alton Y. Lennon,
Member -Manager
3
(Seal)

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that personally came before me
this day and acknowledged that he (or she) is the Assistant
Secretary of Wilmington Holding Corp., a North Carolina
corporation, which corporation is a Member -Manager of POINT
ASSOCIATES, L.L.C., a North Carolina Limited Liability Company,
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 herself as its Assistant Secretary, on behalf of and as the
act and deed of the said POINT ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this day
of , 2002.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that Alton Y. Lennon personally came before me this day
and acknowledged that he (or she) is the Assistant Secretary of
Viable Corp., a North Carolina corporation, which corporation is
a Member -Manager of POINT ASSOCIATES, L.L.C., a North Carolina
Limited Liability Company, and that by authority duly given and
as the act of the corporation, the foregoing -instrument was
signed in its name by its President, sealed with its corporate
seal and attested by himself as its Assistant Secretary, on
behalf of and as the act and deed of the said POINT ASSOCIATES,
L.L.C.
WITNESS my hand and official stamp or seal, this day
of , 2002.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify, that ALTON Y. LENNON, personally came before me this day
and acknowledged that he is a Member -Manager of POINT ASSOCIATES,
L.L.C., a North Carolina Limited Liability Company, and that the
said ALTON Y. LENNON, executed the foregoing instrument on behalf
of and as the act and deed of the said POINT ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this day
of 2002.
Notary Public
My commission expires:
AYL2002B:WESTPTDECAM
4

MHY.2K.2002 10.-33 ! HCDENR WiRO NO. 74i r.2
47)�4
t C04�6vz- (�� I I
ALLOWABLE IMPERVIOUS SURFACE TABLE
WESTPORT SUBDIVISION
A&K PROJEU I NU. 02022
Lot #
'AIS/SF
Lot #
•AISISF
Lot#
•A?S/SF
Lot# •AIS/SF
1 2��- d
46
2,638
91
2,636
137 2,400
2,636
47
2,636
92
2.636
138 2,400
3
2,400
48
2.636
93
2,636
139 2,636
4
2,636
49
Z636
94
2,400
140 2.536
5
2.636
50
2,636
95
2.400
141 2,636
6
2,636
51
2,636
86
2.400
142 2,400
7
2,400
52
2,636
97
2,400
143 2.636
8
2,636
53
2,636-
98
2;400
144�245
9
2,636
54 -
2,636
99
2.400
10
2,400
55
2,636
100
2,400
11
2,400
56
2,636
101
2,635
12
2,400
67
2,638
102
2.636
13
2,636
58
2,400
103
2,636
14
2,636
59
2,400
104
2,636
15
2.636
60
2,400
105
2,636
16
2,536
61
2,400
106
2.636
17
2.635
62
2.400
107
2.636
18
2,400
63
2,400
108
2.636
19
2,636
64
2,400
109
2,636
20
2.635
55
2,636
110
2,635
21
2,636
56
2,636
111
2,636
22
2,636
67
2.635
112
2,636
23
2,636
68
2,636
113
2,636
24
2,636
69
Z636
114
Z636
25
2,636
70
2,636
116
2.636
26
2,636
71
2,400
116
2,636
27
28
2,636
2,636
72
73
2,636
2,636
11
118
2,636
2,636
RAJ � IT R D
�
29
2,400
74 -
2,636
119
2,636
F�"J!
30
2,400
75
2,636
120
2,636
31
2,636
76
2,635
121
2,636
MAR 2 2 2002
32
2,636
77
2.636
123
2,536
33
34
2,636
2.636
78
79'
Z636
2,636-
124
125
2,636
2,636
DR
P80d / )C(010
36
21635
80
2,636
128
2,636
36
2,636
81
2,636
127
2,636
37
2,636
82
2,636
12B
2,836
38
2,636
83
2,836
129
2,636
39
2,636
84
2,636
130
2,536
40
2,636
85
2,636
131
2.636
41
2,400
Be
21636
132
2,636
42
2,400
87
2,638
133
2,636
43
2,636
88
2,636
134
2.635
44
2,636
89
2,636
135
2,538
45
2,636
90
2,636
136
2,400
'AIS/SF = Allowable
Impervious Surface (SF)
AUmble impervious Surface Teble.dw

RECEIVED
FEB 17 2004
DWQ
'DROJ # -
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Brunswick Comty Register of Deeds
Robert J. Robinson
Inst #196794 Book 1894Page 998
02/10/2004 11:23:48an Rec# ` ? 5_�s(
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS OF WESTPORT AT SOUTH HARBOUR VILLAGE
This Second Amendment to the Declaration of Covenants,
Conditions, and Restrictions of WESTPORT AT SOUTH HARBOUR
VILLAGE, made the 5th day of February, 2004, by POINT ASSOCIATES,
L.L.C., a North Carolina Limited Liability Company, hereinafter
referred to as "Developer"; and WESTPORT HOA, INC., hereinafter
referred as the "Association";
W I T N E S S E T H:
WHEREAS, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as WESTPORT AT SOUTH HARBOUR VILLAGE; and
WHEREAS, Developer did, on September 18, 2000, cause a
certain "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
WESTPORT AT SOUTH HARBOUR VILLAGE" (hereinafter the
"Declaration")to be recorded in the Office of the Brunswick
County Register of Deeds in Book 1403 at Page 742; and
WHEREAS, WESTPORT HOA, INC.(hereinafter sometimes referred
to as the "Association"), is the nonprofit association which has
been formed to manage the association of the homeowners within
said subdivision; and
WHEREAS, Developer and the Association did, on September 5,
2003, cause a certain "FIRST AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS WESTPORT AT SOUTH HARBOUR
VILLAGE" (hereinafter the "First Amendment to the Declaration")
to be recorded in the Office of the Brunswick County Register of
Deeds in Book 1802 at Page 860, said First Amendment to the
Declaration being thereafter re -recorded in Book 1827 at Page 742
of said Registry; and
WHEREAS, Developer and the Association have recognized the
need to further amend the said Declaration and have therefore
agreed to jointly execute this Second Amendment to the
Declaration and to record same in the Office of the Register of
Deeds of Brunswick County, North Carolina;
NOW, THEREFORE, the Developer, as provided in the
Declaration, as amended, and the Association, as evidence of its
consent to this action, do hereby declare that the DECLARATION OF
Return to Stevens,McGhee
Morgan,Lennon & Toll 1

Inst # 196794 Book 1894Page: 999
COVENANTS, CONDITIONS, AND RESTRICTIONS WESTPORT AT SOUTH HARBOUR
VILLAGE recorded in Book 1403 at Page 742 of the Brunswick County
Registry, and the "First Amendment to the Declaration" recorded
in the Office of the Brunswick County Register of Deeds in Book
1802 at Page 860, said First Amendment to the Declaration being
thereafter re -recorded in Book 1827 at Page 742 of said Registry,
and each of them, are, pursuant to and as provided by the terms
of said Declaration, and said First Amendment to the Declaration,
further amended as follows:
ARTICLE VII, "ASSESSMENTS" is deleted in its
entirety and the following is substituted in lieu
thereof:
"ARTICLE VII
ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for
Assessments. Each Owner of any Lot, by acceptance of a deed for
the Owner's Lot, whether or not it shall be so expressed in such
deed, covenants and agrees to pay to the Association Annual,
Special, and all other assessments herein described (collectively
the "Assessments").
The Assessments, together with interest, costs and
reasonable attorney's fees, shall be a charge on the land and
shall be a continuing lien upon the respective Lot against which
the Assessments are made. Each Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the
personal obligation of the person who was the Owner of such Lot
at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the
Owner's successors in title unless expressly assumed by them.
Section 2. Purposes of Assessments. The Assessments levied
by the Association may be used for any or all of the following
purposes --operation, *maintenance and improvement of the Common
Property and any drainage or utility easements within the
Subdivision; landscaping and/or fencing of easements reserved
over Lots; enforcing this Declaration; paying taxes and any
insurance premiums on or for the Common Property and any drainage
or utility easements within the Subdivision, legal and accounting
fees and governmental charges; establishing working capital; and
in addition, doing any other things necessary or desirable to
further the above purposes, as set forth in the budget or amended
budget adopted by the Board. It is expressly understood and
agreed that assessments levied by the Association may also be
used for paying a prorated share of the costs of the maintenance
and improvement of Vanessa Drive and any other street which
provides access to the subdivision, but only as to that portion
of the said Vanessa Drive or other such streets which are not
maintained by the State of North Carolina. It is further
expressly understood that assessments may be made by the
Association to pay its obligations to the Master Association,
including, by way of example and not of limitation, assessments
to pay a pro rata portion for the upkeep and repair of any Shared
Common amenities and/or facilities. The Master Association shall,
in its sole discretion, levy assessments, both regular and
special. Such assessments shall have the same force and legal
effect, and shall be collectable in the same manner, as any
assessment levied by the Association. It is further understood
and agreed that, as is hereinafter stated, the Association may,
2

Inst # 196794 Book 1894Page: 1000
when a reasonable basis for such action exists, differentiate in
the amount of Assessments to be charged to each lot.
Section 3. Annual Assessments. Annual Assessments shall be
in an amount to be fixed from year to year by the Board which may
establish different rates from year to year as it may deem
necessary for the purposes as set forth above. The amount of the
Annual Assessment against each Lot for any given year shall be
fixed prior to January 1 of such year; provided, however, that
the first Annual Assessment shall be set prior to the conveyance
of the first Lot to an Owner and written notice to the Owners to
be subjected thereto shall be delivered to the Owners at or prior
to the closing of their Lots. Written notice of each Annual
Assessment thereafter shall be sent to every Owner subject
thereto. The due date shall be established by the Board and the
Board shall have the authority to allow the assessments to be
paid in pro rata installments. The Association shall, upon
demand, and for a reasonable charge furnish a certificate signed
by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
A. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased each year not more than
five percent (5%) above the Annual Assessment for the
previous year without a vote of the Members.
B. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
Annual Assessment may be increased above five percent (5%)
only by a vote of the Owners of two-thirds (2/3) of the
Lots, voting in person or by proxy at a meeting duly called
for such purpose.
C. The Board may increase the amount of the Annual
Assessment to Four Hundred Fifty Dollars ($450.00) per Lot
notwithstanding the provisions of subsections A and B above,
and thereafter the limitations set forth in said subsections
shall apply to an annual increase.
Section 4. Special Assessments for Capital Improvements.
In addition to the Annual Assessments authorized above, the
Association may levy, in any assessment year equally against the
Lots, a Special Assessment applicable to the year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital
improvement upon the Common Property or any drainage or utility
easement in the Subdivision, whether owned by the Association or
not, including the portion of Vanessa Drive as above referred to,
including fixtures and personal property related thereto,
provided that any such assessment shall be approved by vote of
the Owners of two-thirds (2/3) of the Lots voting in person or by
proxy at a meeting duly called for such purpose.
Section 5. Notice and Ouorum For Any Action Required to be
Approved by the Members Under Sections 3 and 4. Written notice
of any meeting called for the purpose of taking any action by the
Members authorized under Section 3 and 4 shall be sent to all
Members not less than thirty (30) days nor more than sixty (60)
days in advance of the meeting. At the first such meeting
called, the presence of Owners or of proxies entitled to cast the
votes for sixty percent (60%) of all of the Lots shall constitute
a quorum. If a quorum is not present at such meeting, the
meeting may be adjourned for lack of a quorum, until a date
specified in the motion to adjourn for lack of a quorum, on which
e

Inst 0 196794 Hook 1894Page: 1001
date a second meeting shall be held. The required quorum at such
second meeting shall be one-half (1/2) of the required quorum at
the first meeting. No such second meeting shall be held more
than sixty (60) days following the first meeting.
Section 6. Working Capital Assessments. At the time title
to a Lot is conveyed to an Owner by Declarant, the Owner shall
pay the sum of up to $450.00 to the Association as working
capital to be used for operating and capital expenses of the
Association. Amounts paid into the working capital fund are not
to be considered as advance payment of the annual or any other
assessment.
Section 7. Rate of Assessment. The Association may
differentiate in the amount of Assessments charged when a
reasonable basis for distinction exists, such as between vacant
Lots of record and Lots of record with completed dwellings for
which certificates of occupancy have been issued by the
appropriate governmental authority or when any other substantial
difference as a ground of distinction exists between Lots.
However, Assessments must be fixed at a uniform rate for all Lots
similarly situated and/or where similar services are being
provided. Provided, however, in the event that maintenance,
repair or replacement of any part of the Common Property is
caused through the willful, or negligent act of an Owner, his
family, guests or invitees, the cost of such maintenance,
replacement, or repairs, shall be added to and become a part of
the Assessment to which such Owner's Lot is subject.
Section B. Commencement of Assessments. Assessments for
each Lot shall commence upon the date of acceptance by an Owner
of a deed from the Developer. If such date assessments commence
is not on January 1, the assessment for the Lot for such first
year shall be prorated.___ The Developer shall not be required to
pay Assessments. The Developer and/or the Association may require
the payment in advance of up to three months of homeowner's dues
or assessments at the time the Owner accepts a deed from the
Developer. This advance payment is in addition to any working
capital assessment as is above described.
Section 9. Effect of Nonpayment of Assessments And Remedies
Of The Association. Any Assessment or installment thereof not
paid within thirty (30) days after the due date shall bear
interest from the due date of the highest rate allowable by law.
The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien
against the Lot. No Owner may waive or otherwise escape
liability for the Assessments provided for herein by nonuse of
the Common Property or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due
and payable if an Owner fails to pay any installment within the
time permitted.
Section 10. Subordination Of The Lien To Mortgage. The
lien of the Assessments provided for herein shall be subordinate
to the lien of any first mortgage or deed of trust. Sale or
transfer of any Lot shall not affect the Assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, shall extinguish
the lien of such Assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall
relieve such Lot from liability for any Assessments thereafter
becoming due or from the lien thereof.
4

I1nst # 196794 Book 1894Page: 1002
Section 11. Action by Master Association. All Owners
acknowledge and agree that the Master Association may, in its
discretion, levy assessments, both regular and special, for such
lawful purposes as may be deemed necessary by the Board of
Directors of the said Master Association. Such assessment(s)shall
have the same force and legal effect as any assessment of the
Association."
Except as is amended hereby, the Declaration of
Covenants, Conditions, and Restrictions WESTPORT AT
SOUTH HARBOUR VILLAGE Subdivision recorded in Book 1403
at Page 742 of the Brunswick County Registry, and the
First .Amendment to Declaration of the Covenants,
Conditions, and Restrictions WESTPORT AT SOUTH HARBOUR
VILLAGE Subdivision Declaration recorded in the Office
of the Brunswick County Register of Deeds in Book 1802
at Page 860, and thereafter re -recorded in Book 1827 at
Page 742 of said Registry, are hereby ratified,
confirmed, re -declared, and re -adopted.
IN WITNESS WHEREOF, POINT ASSOCIATES, L.L.C.,the
Developer herein, has caused this Second Amendment to the
Declaration of Covenants Conditions and Restrictions WESTPORT AT
SOUTH HARBOUR VILLAGE Subdivision to be executed in its name by
its duly authorized Member -Managers, and WESTPORT HOA, INC.,
through its duly authorized officers, has likewise executed this
document as the act and deed of the said WESTPORT HOA, INC.,
all as of the day and year first above written.
�.�`��� ;; +•�� POINT ASSOCIATES, L . L . C . ,
r : ;•',EOM ,ro•��ti+•� By: Wilmington Holding Corp.
%, t t �+„� ; ember -Manager
.9�
; 0.=
••. �laA �'y' $ By:
'�,"_,'•....•„•.••' ice President
C{�J
ssista.t Secretary
(CORPORATE SEAL)
By: VIABLE CORP., Member -Manager
President
ATTEST:
sistant Secretary
( ORPORATE SEAL)
WESTPORT HOA, INC.
- ca
By : �:� ^C
Vice President
ATTEST:
c\r/ .a."
ssist nt Secretary
E

Inst # 196794 Book 1894Page: 1003
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that Jerry Thomason_ personally came before me this
day and acknowledged that she is the Assistant Secretary of
Wilmington Holding Corp., a North Carolina corporation, which
corporation is a Member -Manager of POINT ASSOCIATES, L.L.C.,
a North Carolina Limited Liability Company, 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
herself as its Assistant Secretary, on behalf of and as the
act and deed of the said POINT ASSOCIATES, L.L.C.
WITNESS my hand and official stamp or seal, this 5th day
Marv, 2004.
Notary Public
Yvonne R. Sneeden
on expires: 11/12106_
RTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that Alton Y. Lennon personally came before me this
day and acknowledged that he is the Assistant Secretary of
Viable Corp., a North Carolina corporation, which corporation
is a Member -Manager of POINT ASSOCIATES, L.L.C., a North
Carolina Limited Liability Company, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President, sealed
with its corporate seal and attested by himself as its
Assistant Secretary, on behalf of and as the act and deed of
,,,.._id POINT ASSOCIATES, L.L.C.
SS my hand
Y, 2004.
and official stamp or seal, this 5th day
Notary Public Yvonne R. Sneeden
on expires: 1 /12/06
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid,
certify that JERRY THOMASON personally came before me this
day and acknowledged that she is the Assistant Secretary of
WESTPORT HOA, INC., a North Carolina non-profit corporation,
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 herself as its Assistant Secretary, as duly
authorized by the Board of Directors, on behalf of and as the
act and deed of the said WESTPORT HOA, INC.
1.1

Inst # 196794 Book 1994Page= 1004
WITNESS my hand and official stamp or seal, this Sth day
bruary, 2004.
R�Iy' //M�►►
„� ; C7 m I. "'I. s.► Notary Public
Yvonne R. Sneeden
;� 11/12/06
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AYL2003G:SecondWstPtDecAm
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
YVONNE R SNEEDEN
Notary(ies) Public is (are) Certified to be Correct. loth
This Instrument was filed for Registration on this
in the Book and page shown on the First Page hereof.
7
Day of February 2004
l
ROM J. RO INSON, Register of Deeds

Brunswick County --Register of Deeds -
Robert J. Robinson
Inst #96580 Book 1529Page 663
12/07/2001 03:37:19pm RE �o
STATE Of NORTH CAROLINA RE81EIVED
COUNTY OF BRUNSWICK
FEB 17 2004
DWQ
DECLARATION OF COVENANTS AND RESTRICfftg
VILLAGE GREEN PROPERTY OWNERS, INC. AT SOUTH HARBOUR
VILLAGE AT WESTPORT
THIS DECLARATION, made and entered into as of the 6th day of December,
2001, by and between POiNT ASSOCIATES, LLC, a North Carolina limited liability
company, hereinafter called "Developer" or "Declarant"; Ililla Builders, Inc., a North
Carolina Corporation, hereinafter sometimes referred to as "Hilla"; and all prospective
purchasers and owners of real property within the Planned Living Unit Development
generally known as "Village Green Townhomes at South Harbour Village al. Westport."
WITNESSETII:
WHEREAS, Developer and IIilla Builders are the owners of the real property
described in Article II of this Declaration (hereinafter sometimes referred to as the
"Properties") and desire to create therein a residential planned community with open
spaces and other common facilities for the benefit of: the said community; and
WHEREAS, the Property will be subject to this Declaration as well as to a Master
Declaration of Covenanls, Conditions and Itcslrictions for South Ilarbour Village (the
"Master Declaration") each to he recorded in (lie Brunswick Counly Itegistry, as they or
either of them may be amended from time to time; and
WHEREAS, Developer and IIilla Builders, Inc. desire to provide for the
preservation of the values in said community and for the maintenance of said open spaces
and other common facilities; and, to this end, desires to subject a portion of the real
property described in Article Ii, together with such additions as may hereafter be made
thereto, to the covenants, restrictions, easements, charges and liens hereinafter set forth,
each and all of which is and are for the benefit of said property and each owner thereof;
and
WHEREAS, Developer and Hilla Builders, Inc. have caused Village Green
Property Owners Association, Inc. (tile "Association"), to be incorporated as a North
Carolina not for profit corporation to be comprised of all owners of property in Village
Green Townhomes at South Harbour for the purpose of maintaining and preserving the
values in the Properties and the overall scheme of development; and
WI-IEREAS, Developer and I-lilla Builders, Inc. have delegated and assigned to
the Association the powers of maintaining and administering the community properties
and facilities and administering and enforcing the covenants and restrictions and
collecting and disbursing the assessments and charges hereinafter created pursuant to
Chapter 47-F of the North Carolina General Statutes, entitled "N.C. Planned Community
Act".
NOW, THEREFORE, Developer and [lilla Builders, Inc. declare that the real
property described in Article Ii hereof (the "Properties"), is and shall be held,- transferred,
sold, conveyed and occupied subject to the covenants, restrictions, easements, charges
and liens (sometimes referred to as "covenants and restrictions" for Village Green
Townhomcs at South harbour as hereinafter set forth as well as subject to the Master
Declaration above described.
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ONDITION 01" ORIGINAL
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ARTICLE I
DEFINITIONS
Section I - The following words when used in this Declaration
Supplements Declaration (unless the it) shall have the following
or any
contract shall prohibit) g
a "Association" shall mean and refer 'to Village Green Property Owners
Association, Inc., a North Carolina not for profit corporation.
b. "Amenities" shall mean tile- clubhouse, pool and tennis court to be
constructed as common, area and common facilities of South Harbour for the
use and enjoyment of all members of the Master Association.
_>..`.:
"Board of Directors" Shall mean the governing board of the Assoc'
ation
elected by the Members in accordance witil the bylaws 'of Village, Green
Property Owners Association and shall have the Same meaning as the
'Executive 130tu•d.
(d) "Class B Control Period" shall mean that period of time during which the
Class; B'Member is entitled to appoint a majority of the Members of the Board
of Directors of the Association as provided in Section 2, Article 3
(e) "Common Properties" and/or "Common Areas" shall mean and refer to all
real and personal property, including easements, which the Association owns,
leases or holds possessor or use rights for the common use and enjoyment of
the Owners.
(� "Developer" and/or "Declarant" shall mean and refer to Point Associates,
LIE, a North Carolina limited lillhility collip,iny
(b) "E" ecutive Board" shall mean the Board of .Directors of Village Green
Property Owners Association.
(h) "Living Unit" shall mean and refer to any portion of a building situated upon
the Properties designed, and intended for use and occupancy as a residence by
a single family, whether as owners or tenants.
(i) "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties with the exception of Common Properties
as heretofore defined.
(j) "Master Association" shall mean and refer to South Harbour Master Property
Owners Association, Inc., of which �.(� Village Green Property
Owners Association, Inc. shall be�member4 and shall be subject to the Master
Declaration, 0
1. (lc} "Member" shall mean and refer to all those Owners who are members of the
Association as provided in Article III, Section 1, hereof.
(1) "Multifamily Structure" shall mean and refer to any building containing two
or more Living Units under one roof except when each such Living Unit is
situated upon its own individual Lot.
(m) "Owner" shall mean and refer to the record owner (whether one or more
persons or entities) of a Unit within the Properties but, notwithstanding any
applicable theory of the deed of trust, shall not mean or refer to the Trustee or
cestr'il que trust unless and until there has been a transfer of, title pursuant to
foreclosure of any proceeding in lieu of foreclosure,
2

(n) "Mortgagee" shall include the note holder or cestui "deed of trust," que trust secured by a
(o)•.."Shared Common Properties" , "Shared Common Amenities" and/or "Shared
Common Areas" shall mean and refer to all real and personal property,
including covenants, which may be owned by .a third party, but which are, in
consideration of a prorated charges
'The Act" shall mean the North Carolina Planned Community State
Statue 47-F). y Act i
(q) "Unit" shall mean. a portion of the Properties, whether. improved or
unimproved, which may be independently owned or conveyed and which is
intended for development, use and occupancy as a residential dwelling -
ARTICLE II
PROPERTY SUBJECT TO TITIS DECLARATION;
ADDITIONS THERETO
Section L Properties The real property which is, and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration and to the Master Declaration
and all amendments or supplements thereto which property is more particularly described
in Exhibit A attached hereto,
Section 2. Additions to Existing Property.
(a) Expansion. Additional lands may become subject to this Declaration to the
extent Snell lands fire described fin Fxhibit 13 attached hereto. The additions
inithorized hereunder may be oracle in one or more phases. Said additions
shall be made by filing of record a Supplemental Declaration of Covenants
and Restrictions with respect to the additional property desired to be annexed,
which Supplemental Declaration shall extend the scheme of these Covenants
and Restrictions and those of the Master Association, to such property by
adopting these Covenants and Restrictions and the, -Master Declaration by
reference. Such Supplemental Declaration may contain such complementary
additions and modifications of the Covenants and Restrictions contained in
this Declaration as may be necessary to reflect the difference in character, if
any, of the added properties and as such are not inconsistent with the scheme
of this Declaration. In no event, ]however, shall such Supplemental
Declaration revoke, modify or acid to the Covenants established by this
Declaration. Any annexation made hereunder must be completed on or before
December 31, 2020. Any such supplemental declarations shall specify; the
date upon which dues and assessments are payable for Lots annexed thereby.
(b) Mergers. Upon a merger or consolidation of the Association with another
association, its; properties, rights and obligations may, by operation of law, be
transferred td another surviving or consolidated association or, alternatively,
the properties, rights and obligations of another association may, by operation
of law, be added to the properties, rights and obligations of the Association as
a surviving corporation pursuant to a merger. The surviving or consolidated
association may administer the covenants and restrictions established by this
Declaration within the Property together with the Covenants and Restrictions
established upon any other properties as one scheme. No such merger or
consolidation, however, shall affect any revocation, change or addition to the
Covenants established by this Declaration within the Property except as
herei�fter provided.
3

ARTICLE III
MEMBERSHIP AND VOTING RIGI-ITS IN THE ASSOCIATION
Section 1. Membership._ Every person or entity who is a record ownef of a fee or
undivided -fee interest in any Unit which is subject by covenants of record to assessment
by the Association shall be a Member of the Association, provided that any such person
or entity who holds such interest merely as a security 'for the performance of an obligation
shall not be a Member.
Section 2. _Voting Rights The Association shall have two classes of voting
Membership.
Class "A." Class "A" Members shall be all those Owners as defined in Section 1.
\tlith the cxccption of the Developer and Ililla so long as Ililla owns any Unit for which a
certificate of: occupancy has not yeCbcen issued. Class "A, Members shall be entitled to
otle vote for each Unit in which they hold the interests required for membership by
Section L When more than one Berson holds such interest or interests in any Lot or
living Unit, all such persons shall be Members, and the vote for stleh Unit shall be
etercised its they among themselves determine, but in no event shall -more than, one vote
be case with respect to any such Unit.
Class "B." The Class "B" Member shall be the Developer and Hilla so long as
Villa owns any Unit for which a certificate of occupancy has not yet been issued. The
rights of the Class "B" Member, include the .right to approve or withhold approval of
actions proposed under this Declaration, the Bylaws and Articles of Incorporation. The
Class "B" Member may appoint. a majority of the members of the Board of Directors of
the Association until such time as ilia Class "B" membership is terminated. The Class
"B" Member shall be entitled to three (3) votes for each Unit in which it holds interests
required for membership. The Class "B" membership shall cease and become converted
to Class "A" membership at the earlier occurrence of the following events;
(a) When the total number of Class "A" Members equals or exceeds seventy-five
percent (75%) of the Membership; or
(b) January 1, 20�0
From and after the happening of the earlier to occur of these events, The Class
"B" Member shall be deemed to be a Class "A" Member entitled to one vote for each Lot
or Living Unit in which it holds the interests required for membership under Section L
ARTICLE IV
PROPERTY RIGHTS IN TILE COMMON PROPERTIES
Section 1. Members' Easement of EnjoymentL Subject to the provisions of
Section 3 of this Article IV, every Member shall have a right and easement of enjoyment
in and to the Common Properties, including rights of access, ingress and egress to and
from public streets and Walkways and the right to park a motor vehicle in areas
specifically designated for such purposes; such easement shall be appurtenant to and shall
pass with the title to every Lot or Living Unit,
Section 2, Title to Common Properties. The Developer,may relinquish the legal
title to the Common Properties to ilia Association at anytime prior to the expiration of the
Class B control period. Furthermore, Developer reserves for the benefit of Developer,
and for the benefit of the Association and the owners of all Lots, the right to utilize all
private street and roads, drainage ways, retention ponds and similar common facilities
and utilities for the benefit of all of the property described in Exhibit- B, and other
adjacent properties owned by Developer.
4

Section 3. Extent of Members' Casements. The rights and easements
enjoyment created hereby shall be subject to the following: of
(a): the. right .of..tlie Association, in accordance with its Articles of Incorporation
and By -Laws, to borrow money for the purpose of improving the Common
Properties and in aid thereof to mortgage said properties. In the event of a
default upon any such mortgage the lender's rights there under shall be limited
to a right, after taking possession of such properties, to charge admission and
other fees as a condition to continue enjoyment by the members and, if
necessary, to open the enjoyment of such properties to a wider public until the
mortgage debt is satisfied, whereupon the possession of such properties shall
be returned to the Association and all rights of the Members hereunder shall
he fully restored;
(b) the right of the Association to take such steps as are reasonably necessary to
protect the above -described properties against foreclosure;
(c) the right of the Association, as provided in its Articles of, Incorporation and
By -Laws, to suspend the voting rights of any member for any period during
which any assessment, remains unpaid, and for any period 'not to exceed thirty
(30) days'for any infraction of its published rules and regulations;
(d) the right of the Association to charge reasonable admission and other fees for
the use of the Common Properties for non-members of the Association;
(e) the legal right of an Owner of property shown on the same plat to include
portions of the Common Properties as may be necessary, for said Owner to
qualify under governmental requirements such as setback lines, open space,
parking or other aspects which may be needed :for issuance of a building
permil to he secured to rebuild a damaged Living Unit; and
(>) The right of the Association to dedicate or transfer all or any part of the
Common Properties, subject to the Association retaining an easement over the
common properly to any public agency, authority, or entity for such purposes
and subject to such conditions as may be agreed to by the Members, provided
that no such dedication or transfer, determination as to the purposes or as to
the conditions thereof, shall be effective unless an instrument signed by
Members entitled to cast not less than two-thirds (2/3) of the votes of each
class of membership has been recorded, agreeing to such dedication, transfer,
purposes or condition, and unless written notice of the proposed agreement
and action there under is sent to every Member at least thirty (30) days in
advance of any action taken.
(g) The right (and obligation if required by developer) of the association to. join
and become a member of the Master Association created by the Developer and
to pay any dues required of such members.
Section 4. Development Basements
(a) Easement to Facilitate Development. The Developer and Hilla hereby reserve
to themselves and their designees a nonexclusive blanket easement over and
through the Property and Common Elements for all purposes reasonably
related to the development and completion and sale of improvements on the
Property and Common Elements, including without limitation: (i) temporary
slope and construction easements; (ii) drainage, erosion control, and storm and
sanitary sewer easements (including the right to cut or remove trees, bushes or
shrubbery, to regrade the soil and to take any similar actions reasonably
necessary; provided, however, that thereafter the Developer shall restore the
affected area as near as practicable to its original condition); (iii) easements
5

for the storage (in a sightly manner) of reasonable- supplies of building
materials and equipment necessary to complete the improvements; and (iv)
easements for (lie construction, installation and upkeep of improvements (e.g.,
landscaping, street lights, signage, etc.) on the Property and Commoh
Elements of reasonably necessary to serve the Property and Common
Elements.
(b) Easement to Facilitate Sales. The Developer and Hilla hereby reserve to
themselves and their designees the right to: (i) use of, as permitted by
Developer, the Master Association amenities, any Units owned by Developer
and any other Lot with; the written consent of the Owner thereof for, sales
offices, a visitors' center, construction offices, customer service offices or
sales office parking areas; (ii) place and maintain in any location on the
Common Properties and on any Lot street tend directional signs, temporary
prollintlonal Signs, plantings, street lights, entrtlnce features, "theme area"
signs, lighting, stone, wood or masonry walls or fences and other related signs
and landscaping features,; provided, however, that all signs shall comply with -
applicable governmental regulations and the Developer shall obtain the
collsellt 01� the Owner of any .Lot upon which tile improvements are to be
located; and (iii) relocate, within the areas permitted by this paragraph, or
remove all or any of the above from time to time at the Developer's sole
discretion. These rights and easements shall continue so long as Developer
has Units for sale withidthe Properties.
(c) Easement for Utilities and Related Services. The Developer and Hilla hereby
reserve to themselves and their assignees, during the Development Period, the
right to grant and reserve easements, rights of way and licenses, over, through,
upon and tinder the Property and the Common Elements for ingress, egress,
installation and upkeep of equipment providing to any portion of the Property
or Common Elements any utilities including, without limitation, water, sewer,
drainage, gas, electricity, telephone 1111d television service, whether public or
privale, or for any other purpose necessary or desirable for the orderly
development of the Property. Any pipes, conduits, lines, wires, transformers
and any other apparatus necessary for the provision or metering of any utility
may be installed, maintained or relocated where initially installed with the
permission of the Developer, where contemplated on any -site plan approved
by the Developer or where approved by resolution of the Executive Board.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1. Creation of Lien and Personal Obli ation for Assessments. The
Developer and Hilla Builders, Inc. for each Unit owned within the Properties hereby
covenant, and each Owner of any Unit within [lie Properties, by acceptance of a deed for
a Lot or Living Unit, whether or not it shall be so expressed in such deed, is deemed to
covenant to pay to the Village Green Property Owners Association, Inc. ("Association")
and, through the Association, to the Master Association:
a. Regular annual assessments or changes;
b. special assessments for capital improvements and other purposes stated in this
Declaration;
e. default assessments (as hereinafter defined) which may be assessed against a
lot pursuant to the Declaration and the Articles of incorporation and Bylaws of
file Association (hereinafter referred to as the "Documents") for Owner's
failure to perform an obligation under the Documents or, because the
Assoc0ion has incurred an expense on behalf of the Owner under the
Documents; and
R

d. to the appropriate governing taxing authority or the Association a pro rata
share of ad valorem taxes levied against the Common Areas; and
e. -Insurance Assessment as provided in Section 9C of this Declaration; and
f• Working capital assessment as defined in Section 14 of this Article and o
may be defined by the Master Declaration. / r as
All assessments, together with fines, interest, costs, reasonable attorneys,
and
legal assistants') fees, and other charges allowed under this Declaration, shall be a chargeon the land and shall be a continuing lien upon the lot against which each such
assessment is made until paid.
Gach such assessIllent, logetllet• with fines, interest, costs, reasonable attorneys'
(tend legal assistants') fees, and other charges allowed under the Documents will also be
the personal and individual obligation of the Owner of such Unit as of the time when the
assessments fell due, and two or more Owners of a Unit will be jointly and severally
linble for such obligations. If an assessment is payable in installments, the full amount of
the assessment is a lien from file date on which the first installment thereof becomes due.
No Owner may accept himself, hdrself or itself from liability for any assessments by
abandonment of his'Unit or by waiver of the use or enjoyment of the Common Properties
and easements.
Section 2. Developer's Obligation for Assessments So long as the Developer
and/or Hilla Builders, Inc. own any property which is subject to this Declaration or which
may be unilaterally subjected to this Declaration by the Developer and/or Hilla Builders,
Inc., Developer and/or Hilla Builders, Inc. may annually elect either to pay an amount
equal to regular assessments on all of its unsold Living Units or to pay the difference -
and the amount of assessments levied on all other Living Units subject to a, smcnt
end the �unounl of acturtl cxpcndi(nres by the Association during the fiscal year. If boil,
Developer ccnd I tills elect to pay the difference (lien said difference shall be prorated
between them in accordance with their percentage ownership of tile. Properties. Unless
the Developer and/or IIilla Builders, Inc. otherwise notifies the Board in writing at least
60 days before the beginning of each fiscal year, file Developer and/or IIilla Builders, .Inc.
shall be deemed to have elected to conlintte paying on the same :basis as during the
immediately preceding fiscal year.. The Developer's and/or Villa's obligations hereunder
may be satisfied in the form of cash or by "in kind" contributions of services or materials,
or by a combination of these.
Section 3, Purpose of, Assessment The assessments levied by the Association
shall be used exclusively for (lie purpose of promoting the health, safety and welfare of
the residents in the Properties and in particular for the improvement and maintenance (1)
of properties, services and facilities devoted to this purpose and related to the use and
enjoyment of the Common Properties and (2) of the Lots and Living Units situated upon
the Properties. Without Limitation, st.tch uses shall include satisfaction of the
Association's obligations regarding (lie Common Properties to pay; 1) hazard and liability
insurance for the common areas and living units, 2) ad valorem taxes, 3) governmental
assessments for public apd private capital improvements made to or for the benefit
thereof, 4) the repair, replacements and additions thereto, and for the cost of labor,
equipment, materials, management and supervision.
Section 4. Determination of Annual Assessments. Notwithstanding any
provision to the contrary contained herein, should the Association's Board of Directors
determine that the Annual Assessment for the next succeeding assessment period will
exceed the Annual Assessment for the current assessment period by more than ten percent
(10%), then, in such event, such increase in the Annual Assessment shall be approved by
a majority vote of the Owners voting in person or by proxy at a duly called.meeting of the
Members of the Association, at which a quorum of members is present in person or by
proxy, prior to its adoption by the Board of Directors of the Association.
7

Section Basis for Comp�Assessments Regular assessments shall be levied
equally against all Units subject to assessment and shall be at a level reasonably expected
to provide the fulfill its obligations and shall include reserves for future repairs.
S.dct= Special Assessments for Capital Improvers In addition to the
annual assessments authorized by this document, the Association may levy, in an
assessment year, a special assessment applicable to that year only for the purpose 'bf
defraying in whole or in part, the cost of any construction, reconstruction, repair 'or
replacement of a capital improvement upon the Common Properties including fixtures
and personal property related thereto, provided that any such assessment shall have the
assent of not less than two-thirds (2/3) of the votes of each class of members who are
voting in,pe'rson or proxy at a meeting duly called for this purpose.
Scc_1i0lL2 C�Illt!lg�_lll_1,�sl,l �� '
hn5is of the assessments fixed by Section 5 hereof pro}seectiveGt��6011 t'nay change the
I p ly for any such period,
provided that any such change shall have the assent of not less that two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy, at a meeting duly
called I'or (his purpose, written notice of which shall be sent to all members at least thirty
(30) clays to advance and shall set forth the purpose of the meeting.
Section 8; ouorum for any -Action Authorized Under Sections 4 5 and 6 The quorum required for any action authorized by. Sections 3, 4,
be as follows: and 5 of this Article V shall
At the first meeting called, as provided in Section 3, 4, and 5 of this Article V, the
presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of
all the votes of each class of membership shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be called, subject to the
notice requirements set forth in Sections 3, 4, and 5, and the required quorum at any such subsequenl mccling Shall be two-Il.tirds of the required dttot'nrn al the preceding meeting,
provided Mutt no Sueh stihsectue"t 111ee1in6 shall be held more than sixty (60) days
following the preceding meeting. When a quorum is present the majority of those present
by person or proxy may approve.
Section 9. Action by the Master Association. All Owners acknowledge and agree
that the Master Association may, in its sole discretion, levy assessments, both regular as
well as special assessments, for such lawful purposes as may be cleemed necessary by the
Board of Directors of the said Master Association. Any such assessment shall have the
same force and legal effect as any assessment levied by the Association.
Section 10: Date of Commencement of Regular Assessments• Due Dates. The
for herein shall commence as to all Lots on the first day of
Regular assessments provided
the month following the conveyance of the first Unit from the Developer to an Owner.
The first regular assessment, as defined in Article V, Section 1C of this Declaration, shall
be adjusted according to the number of months remaining in the calendar year. The
Board of Directors shall fix (lie amount of [lie regular assessment against each lot at least
thirty (30) clays in advance of each regular assessment period. Written notice of the
Regular Assessment shall 'be sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors. Tile Association shall, upon demand and for a
reasonable charge, furnish a certificate signed by all officer of the Association setting
forth whether the assessments on a specified Unit Dave been paid. A properly executed
certificate of the Association as to the status of assessments on a Lot is binding upon the
Association as of the date of its issuance.
Section 11. Duties of the Board of Directors. The Board of Directors of the
Association shall fix the date of commencement and the amount of the assessment against
each Lot or Living Unit for each assessment period at least thirty (30) days in advance of
such date or 0efod and shall, at that time, prepare a roster of the a
-properties nd

assessments applicable thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be, sent to every Owner subject
thereto; :failure to pfovidd a written notice shall indicate that the assessment is unchanged
from the previous assessment.
The Association shall upon demand at any time furnish to any Owner liable for
said assessment a certificate in writing signed by 'an officer of the Association, setting
forth whether said assessment leas been paid, Such certificate shall be conclusive
evidence of payment of any assessment therein stated to have been paid.
Section Effect of Nonpayment of Assessments and Remedies of tLe
Association, Any assessment, or installment thereof, which is nol
clays after its dnc date, will be delinquent. In the event that an assessment, Plid tlor installment
thereof' becomes delinquent, or in the event a Default assessment is established in under
Article V, Section 1C of this Declaration, the Association, in its sole discretion, may take
any or all of the' 'following actions;
a. assess a late charge for each delinquency at uniform rates set by the Board of
Directors- from time to time;
b. charge interest from the date of delinquency at the maximum
law; rate allowed by
c. suspend the voting rights of the Owner during any period of delinquency;
d. accelerate all remaining assessment installments for the assessment period in
question so that unpaid assessments for the remainder of the assessment --'-
period will be due and payable at once;
c. bring Lin action al law. against any Owner personally obligated to pay the
delinquent assessment charges; or
f. file a claim of lien with respect of the Unit and foreclose the lien against the
Unit in the same manner as provided for the foreclosure of a mortgage under
the statutes of the State bf North Carolina.
The remedies provided under Declaration will not be exclusive and the
Association may enforce any other remedies to collect delinquent assessments as may be
provided by law.
If the assessment is not paid within thirty (30) clays after the. delinquency date or a
written arrangements for payment consented to by the Association, the assessment shall
bear interest from the date of delinquency at the rate of eighteen percent (18%) per
annum, and may be charged a $15.00 late fee for monthly assessments not received by the
fifteenth (15"') of each month.
Section 13. Subordination of the Lien to Mort ages. The lien of the assessments
provided for herein shall be subordinate to file lien of any first deed of trust now or
hereafter placed upon the properties; provided, however, that such subordination shall
apply only to the assessments ,vllicll have become clue and payable prior to a sale or
transfer of such property pursuant to a decree of foreclosure, a deed of foreclosure under
power of sale or any other transfer in lieu of foreclosure. Such -sale or"transfer shall not
relieve such property from liability for any assessments, which thereafter become due, nor
from the lien of any such subsequent assessment.
Section 14.. Exempt 1'ropertti The following property subject to this Declaration
shall be exempted from the assessments, charges and liens created herein; (a) all
properties to the extent of any easement or other interest therein dedicated and accepted
9

by the local public authority and devoted to public use; (b) all Common Properties as
defined in Article 1, Section 1, hereof.
Section Successor's Liability for Assessments All successors, except as
provided- hereinabove in'Section 13 to the fee simple title of a lot will be jointly and
severally" liable for. the prior Owner's or Owners' thereof unpaid assessments, fines,
interest, late charges, costs, expenses, and attorney's (and legal assistants') fees against
such Lot without prejudice to any successor's right to recover from any prior Owner any
amounts paid by such successor. Any successor will be entitled to rely on a written
statement of status of assessments received by such successor from the Association or its
managing agent. The Association agrees that it will furnish to any owner or his designee
a written statement setting forth the amount of unpaid assessments then levied against the
lot in whicli the Owner or his designee has an interest. The information contained in such
written shall be conclusive upon the Association, Ilse ljolly(l of 1)ireclors,'and every owner
as to the person or persons 10 w11onl such Stiltement iS Issued and who rely on It In good
bait" when Sllcll statement is signed by an officer of the Association or the managing
agent for the Association.
Sectinn ) C. orlcin Ca12 al. At. the time, title is conveyed by Developer to an
Owner, the Owner shall contribute to the Association as a working capital contribution in
the amount of $250.00, provided, however, that if Developer conveys title to Hilla, such
working capital assessment shall not be due from Hilla but shall be due from Hilla's
successor in title. Such funds shall be used solely for initial operating and capital
expenses of the Association, such as pre -paid insurance, supplies and the common areas
and facilities, furnishings and equipment, etc. Amounts paid into the working capital
fund are not to be considered as advance payment or regular assessments. Any working
capital funds remaining at the end .of the first full operating year shall be transferred to
and become part of the general funds of the Association, in the discretion of the Board of
Directors.
A11710,17, V,
RIGHTS OF FIRST MORTGAGES
Section 1. Inspection of Books and Records First Mortgagee shall have the
right, upon request and during normal business hours, to examine th.e books and records
of the Association.
Section 2. Notice of Default Upon its written request, the holder of a first
mortgage upon a Lot or Living Unit shall be entitled to written notification of any default
by the Owner of said, Lot of Living*Unit in the performance of his obligations pursuant to
these covenants or the By -Laws of the Association, if such default is not cured within
thirty (30) days.
Section 3. Payments by First Mortgagee, One or more first Mortgagees of Lots
or Living Units may, jointly or singly, in respect to the Common Properties, pay taxes or
other charges which are in default and have or may become a charge against same, pay
overdue hazard insurance premiums or secure new hazard insurance coverage after policy
lapse. The parties making suchh expenditures shall be entitled to immediate
reimbursement from the Association.
Section 4. Prohibitions. Without having first received written approval from at
least seventy-five (75%) of the first Mortgagees (based upon one vote for each
Mortgagee) of the Lots or Living Units, the Association may not, . `
(a) fail to maintain hazard insurance on insurable improvements upon the Living
Units and Common Property in an amount equal to one hundred percent
(100%) of the current insurable replacement cost;
I ,
10

(b) use hazard insurance proceeds from losses to any Living Units and Common
Properties for other than the repair, replacement or reconstruction of such
improvements.
ARTICLE VII
PARTY WALLS
Section 1. General Rules of Law to A 1p y. ' Each wall which is built as a part (if
the original construction of the Living Units upon the Properties and placed on the
dividing line between the Lots shall constitute a party wall, and to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party
walls and, of liability for property damage due to negligent or willful acts or omissions
shall apply thereto.
Section I Sharin o-l' Repair and Maintenance The cost of reasonable repair and
maintenance of a party wall shall be shared by the owners who make use of thewall in
proportion to such use.
Section 3. Destruction by sire or Other Casualty If a party wall is destroyed' or
dtimaged by fire or other causality loss, any Owner who has use of the'wall. must restore it
as a party wall unless the other Owner agrees to the contrary in advance, and the other
Owners thereafter making use of the wall shall contribute to the cost of restoration thereof
in proportion to such use without prejudice, however, to the right of any such Owners to
call for a Iarger contribution from the others under any rule of law regarding liability for
negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article,
an Owner who by his negligent or willful act causes the party wall to be exposed to the
elements shall bear the whole cost of furnishing the necessary protection against such
CICi11CWS.
Section 5. Right to Contribution Runs With Land The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the land and
shall pass to such Owner's,successors in title.
Section 5. Arbitration, I11 the event of any dispute arising concerning a party
wall, or under the provisions of (leis Article, each party shall choose one arbitrator, and
such arbitrators shall choose one additional arbitrator, and the decision of a majority of all
the arbitrators shall be final and conclusive of the question involved.
ARTICLE VIII
ARCHITECTURAL REVIEW COMMITTEE
No building, fence, wall or other structure nor any planting or landscaping change
(including removal of any tree) shall be commenced, erected or maintained upon the
Properties by any owner other than the Developer nor shall any exterior addition to or
change or alteration therein be made until (lie plans and specifications showing the nature,
kind, shape, height, matdrials, and location of the same shall have been submitted to and
approved in writing as to ]harmony of external design and location in relation to
surrounding structures and topography by the Developer and/or Hilla so long as either
owns any Lots and thereafter, by the Board of. Directors of the Association, or by an
Architectural Review Committee composed of three (3) �or more representatives
appointed by the Board, In the event said Board, or its designated committee, fails to
approve or disapprove such design and location within thirty (30) days after said plans
and specifications have been submitted to it, approval will not be required and this Article
will be deemed to have been complied with fully. The Association shall have the right to
bring an action to �njoin any activity taken in violation of this Article.

ARTICLE IX
EXTERIOR MAINTENANCE
Section 1. Exterior Maintenance. In addition to maintenance upon the Common
Pt•operties, the Association shall provide exterior maintenance upon each Lot and Living
Unit which is subject to assessment tinder Article V hereof as air, follows: replace and care for roofs, gutters, paint, re down -spouts, exterior building surfaces, trees, shrubs,
walks; grass, driveways and other exterior improvements. Such exterior maintenance
shall not include doors, windows, window screens, door and window frames, rear decks
rdof skylight's, glass surfaces or landscaping inside enclosed rear courtyard. areas, if any.
,Scclio» 21 Spec�1 ,5'�I�1411LJLS?l 11 t
tutnual assessments authorized by this doeumen�t�the Association IIIaddition to the
ay evy, in an
ti9sessment year, a special assessment applicable to that year only t0r tile 1purpose of
defraying, in whole or in part, the cost ol.' any construction, reconstruction, repair or
t-cplaccmcnt, or exterior maintetance of any Lot or -Living Unit, provided that any such
lt9scssmcnt shall have the assent of two-thirds (2/3) of the votes of each class of'Members
who are voting in person or by proxy at a meeting duly called for this purpose.
Section 3. Access at Reasonable Hours. For the purpose -solely of performing the
exterior maintenance required by this Article, the Association, through its duly authorized
agents or employees, shall have the right, after reasonable notice to the Owner, to enter
upon any. Lot or exterior of any Living Unit at reasonable hours on any day. The
Association or its representatives may enter into the interior of any living Unit for
emergency purposes only. In the event the interior of any living Unit is entered into for
emergency purposes the owner of record will be contacted and informed of entry in to,
his/her living Unit and the purpose which access was required.
ARTICLE X
USE RESTRICTIONS
Section L Land Use and Building Type All lots shall be used for single-family
residential purposes only except that so long as the Developer and/or Hilla shall retain
ownership of any lots, the Developer and/or I-Iilla may utilize any such lot or lots for sales
or rentals, offices; models or other usage for the purpose of selling or leasing lots. The
Developer may assign this limited commercial usage right to any other person or entitles
as it may choose; provided, however, that when neither (lie Developer or Hilla own any
Lot, this right of commercial usage by Hilla, the Developer, its successors and assigns
shall immediately cease. Co -ownership of lots shall not be prohibited. Any building
erected, altered, placed or permitted to remain on any lot shall be subject to the provisions
of. Article VIII of this Declaration of Covenants, Conditions and Restrictions relating to
architectural control.
Section 2. Nuisances. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
Section 3. Junk Vehicles. No inoperable vehicles or vehicle without current
registration and insurance will be permitted on the premises. The Association shall have
the right to have all such vehicles towed away at the owner's expense.
Section 4. Outside Furniture. No furniture shall be permitted in the common
areas. No furniture shall be permitted on the front porch of each living Unit except porch
furniture and plahls. Porch furniture shall be permitted in the courtyard- of each living
Unit.
12

Section 5. For Sale Signs Prohibited, No `Tor Sale" signs or any other signs shall
be permitted on any lot or in the common areas and facilities or displayed from any living
Unit, except the Developer or its- designee may place "For Sale" or "Directional Signs"
for as long as Developer shall retain ownership of any unsold lot (s).
Section 6. Temporary Structures No structure of a temporary character, trailer
basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time
as a residence whether temporarily or permanently.
Section 7. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or
mobile homes, or similar type vehicle, shall be permitted to remain on any lot or in
parking spaces, at any time, unless 'by consent of the Association.
Sect Alit als, No animals, livestock or poultry of any kind shall be kept or
1118intained (111 any lot or in any dwelling except that clogs, cats or other household pets
may be kept or maintained by owners of Lots or Living Units only, provided that they are
not kept or maintained for commercial purposes and provided further' that they,.are not
allowed to run free and are at all lirnes property leashed and personally escorted. If: any
liet shall be determined by the Board of Directors to be a nuisance, fliwBoard shall have
Rill authority to have such pet permanently expelled from the properties. It is'the intent
of this Section that'no tenant(s), renter(s), guest(s), or invitees may have or keep pets of any kind in any Living Unit or common property.
Section 9. Outside Antennas, No outside radio or television antennas except
satellite dishes measuring• one meter or less shall be erected on.any lot or dwelling Iiving
Unit within the Properties unless permission for the same has been granted by the Board
of Directors of the Association or it's architectural control committee.
Section 10. Window Coverings. All drapes, curtains or other similar materials -
hung at window, or in any manner so as to he visible from ll►e oulsi(le of any building
erected upon any lot, Shall be of a while or neutral background or rnaterial, unless the
Board ot• l)II•cct01's approves, nother color.
Section 11. Exterior Lights. All light bulbs or other lights installed in any fixture
located on the exterior an any building or any lot shall be clear, white or non -frost lights
or bulbs.
Section 12. Leasing Restrictions. Nothing contained herein shall prohibit
leasing or renting of a Lot; provided, however, that no Lot or Living Unit shall be leased
or rented for a period of less than ninety (90) consecutive calendar clays. Tile Board of
Directors may require Owners who lease their Lots to insert provisions in the lease,
which would require [lie tenant to abide by the Association Documents and allow
enforcement of the Association Documents directly against the tenant as well as the
Owner.
Section 13, Trash Receptacles. All trash and trash receptacles shall be stored
in garages or other areas provided. Trash or trash receptacles shall not be in view of any
road, common property or any other living Unit. Trash receptacles are to be put out for
collection on the trash collection day and taken in the same clay.
ARTICLE XI
COMMON AMENITIES
Developer may construct a clubhouse, pool and tennis courts which, if built, shall
be Shared Common Amenities for use by all members of the Master Association. It shall
be understood that said Shared Common Amenities are not for the exclusive use of
Owners of VilWe Green Townhomcs or Association members but that all members of
[lie Master Association shall have the right to use such Shared Common Amenities.
13

The Association may, subject to approval by the Master Association, impose
uniform standards for mail collection facilities (which may be a central facility or
individual receptacles), waste disposal containers, newspaper boxes, mailboxes and such
other common -features tyjlically installed on file exterior of a Living Unit, or on Common
Properties. The Owner of each Lot shall comply fully with all such standards adopted b
the Association. y
ARTICLE XII
INSURANCE
Seclipn 1., A thmity_1pP111' jRag,_.'-l'he Txecutive Board shall '(a) purchase, and
thercaflcr maintain it►tiurance policies rcialing to the Comrnot► Elements, Lols and
itttprove mcnts thereon, (excluding additions and betterments installed by the Owners),
and alter matters more particularly set forth in this Article, (b) act just all claims .arising
under such policies and (c) execute and deliver releases upon payment of claims. The
cnst of all insurance policies purchased by the Board shall be Common Expense. The
1?kecutive Board and the managing agent shall not be liable for failure to obtain any
coverage required by this Article �or for any loss or damage resulting'from such failure if
such failure is due.
to the unavailability of such coverages from reputable insurance
companies, or if such coverages are so available only at an unreasonable cost. Exclusive
authority to negotiate losses under such policies shall be vested in the Executive Board of
with its authorized representative. The Executive Board shall promptly notify the
members of material adverse changes in, or termination of, insurance coverages obtained
on behalf of file Association.
(a) Reputable companies licensed or qualified to do business in North Carolina
shall write all policies of insurance.
(b) "'he(if any) on any insurance policies purchased by the Executive
Board shall be a Con111101l Expense except as set forth ill Section 10.5;
provided, however, that the Association may assess any deductible amount
necessitated by the act, misuse or neglect of an Owner, or such Owner's tenant
or such Owner's (or tenant's) household, guests, agents,
such Owner. or invitees against
Section 2, Physical DamaLye Insurance The Executive Board shall obtain and
maintain a blanket,, "all-risk" form policy of fire insurance with extended coverage,
vandalism, malicious mischief, cost of demolition, debris removal, and water damage
endorsements, insuring (a) any improvements located on the Common Elements covering
the interests of the Association and all improvements located on any Lot including,
without limitation, any floor covering, fixtures, appliances, cabinets and other
installations constituting a part of the original improvements in their completed from as
constructed on the Lots, but not including additions/betterments installed by Owner, and
(b) in an amount not less than eighty percent (80%) of the then current replacement cost
of any improvements located on the Common Elements and the Lots (exclusive of the
land, excavations, foundations and other items normally excluded from such coverage),
without deduction for clepreciation (such amount to be re -determined annually by the
Board with the assistance of the insurance company affording such coverage). The
Executive Board shall also obtain and maintain appropriate coverage on all personal
property and real estate other than the Common Elements owned by the Association.
Section 3. Other Insurance, The Executive Board shall obtain and maintain
adequate fidelity coverage to protect against dishonest acts on the part of Directors,
Officers, Trustees and Employees of the Association and all others who handle, or are
responsible for handling funds of the Association, including the managing agent. If the
Association hasl' delegated some or all of the responsibility for handling funds to a
managing agent, such managing agent shall be covered by its own fidelity bond. Such
14

fidelity bonds (except fcr fidelity bonds obtained by the managing agent for. its own
personnel) shall; (i) name the Association as an obligee, and (ii) contain waivers of any
defense based upon the exclusion of Persons who serve without compensation from an
definition of "employee" or similar expression; y
(a)" liability insurance in reasonable amounts covering all occurrences commonly
insured against for death, bodily injury and property damage arising out of or
in connection with the use, .ownership or maintenance of the Common
Elements;
(b) if required by a majority of the Mortgagees or governmental regulations, flood
insurance in accordance with the applicable regulations for such coverage;
(c) workers' compcnsation,insurance, if and to the extent necessary, to meet the
requirements of lltw (including a voluntary employees endorsement and an
"all states" endorsement);
(d) to the extent coverage can be obtained at a reasonable cost, directors and
officers liability insurance in an amount not less than One Million and No/:1.00
Dollars ($1,000,000.00); and
(a) such ot-.li'er insurance as the Executive Board may determine as may be
requested from time to time by a Majority Vote of the -members.
ARTICLE-? XIII
GOLF FACILITY
Section-l. (►0I Nili.ty. The Developer may construct or allow to be
construcled a Golf course and related lnlprovenlents and amenities (hereinafter "Golf
Facility") upon lands adjacent to the Properties and to subject the Properties to further
restrictions relating to thereto. All Owners acknowledge that one or more Golf Facilities
may be constructed, operated or maintained on contiguous portions of the Properties as
privately owned facilities and not as part of any Common Property. However, Developer
has no obligation or commitment to construct a Golf Facility or to have any Golf Facility
constructed, operated or maintained. The easements established in this Article shall exist
and continue with respect to each Golf Facility as long as it is operated as a Golf Facility.
Section 2. 'Use of Golf Facilit lnterfcrence. No Member shall have a right,
solely by virtue of such membership or by payment of assessments to any homeowner's
association, whether or not their lands adjoins a boundary of a Golf Facility, or access to
or across, entry onto, membership in, or other use or enjoyment of any Golf Facility that
is not part of any recorded plat or Common Property. Use of a Golf Facility in or
contiguous to land conveyed hereby may or may not be exclusive to the other owners
within the development. There shall be no activities conducted on any of the Properties
that unreasonably disturb the playing of golf or the use or enjoyment of a Golf Facility by
Ilia members and guests ,thereof, including, without limitation, undue noise, unsightly
trash or debris, or any-othe' r noxious or offensive activity. Without the written consent of
the owner of a Golf Facility, there shall be no fencing or other obstructions on any
portion of the Properties located within a distance of ten (10) feet from any boundary of
such Golf Facility,
Section 3. Use Not a Nuisance. Use of any part of a Golf Facility by any person
in accordance with the reasonable rules and regulations established by the owner of the
Golf Facility, including use of a Golf Facility for golf tournaments or social events shall
not constitute'a nuisance.
15

Section 4. Easements For Golf Facility.
(a) All portions of the Properties located within 500 yards of a boundary of the
golf course porticn of a Golf Facility are subject to perpetual, non-exclusive
..easements for,(i) golf balls that come upon or fly over such portions of said
.--lands as a result of errant golfs shot struck by golfers using a Golf Facility
(excluding golf balls resulting from any golf shot or other action by a golfer
where the golfer's intent is to cause the golf ball to go on or over such lands)
and (ii) golfers, at reasonable times and 'in a reasonable manner, to enter said
Properties to retrieve such golf balls. Provided, however, if such portion of
the Properties to be entered is fenced or otherwise secured, before entry the
golfer shall obtain the permission of the Owner thereof, and .nothing herein
. s'llall give any person the right to enter any dwelling, building or other
structure on any portion of the Properties to retrieve golf balls or for any other
purpose. 11urlhcr provided, nothing; herein sl►tt11 permit It golfer to strike a
golf hall from or atly portion of Ilse Properties outside of the Golf Facility.
The reasonable exercise of these easements by any person for whom they are
reserved shall not constitute a trespass to any portion of lands conveyed
hereby or a nuisance. . rrhe existence of these easements, shall not relieve '
golfers who use the Golf Facility or who strike the errakit golf shots of or from
liability for personal injury or property damage caused by or resulting from
any such use or errant golf shots.
(b) The portion of any surrounding property immediately adjacent to a boundary
of a Golf Facility is hereby burdened with perpetual, nonexclusive easements
in favor of that Golf Facility for (i) the reasonable over spray of water from
the irrigation system serving that Golf Facility and dl (ii)the reasonable
incursion of Golf Facility maintenance equipment and personnel, in order to
maintain the boundary areas of a Golf Facility.
(c) The owners and management of cacti Golf Facility, their agents, successnrs
and assigns, shall lit fill reasonable times have a perpetual, non-exclusive
easement of access and use over those lands conveyed hereby as may be
reasonably necessary to the maintenance of that Golf Facility, including use
during any PGA Tour Event, and the right to retrieve golf balls from bodies
of water within any Common Property lying reasonably within range of golf
balls hit from that Golf Facility. Provided, following each exercise of any
such easement, the owner of any Golf Facility who exercises the easement
promptly shall restore any designated Common Property to the condition it
was in prior to the exercise of (lie easement.
Section S. Limitation of Liability. Neither. the Developer, any Homeowner's
Association, nor any of the members, managers, shareholders, officers, directors,
employees, agents, contractors, affiliates, subsidiaries, predecessors, successors, or
assigns of the Developer, or the Association shall he responsible or liable in any way. to
the party of the second part or any Owner or to any other person for any claims, causes or
action, damages to person or property, judgments, liens, losses, injuries, demands,
interference, liabilities, or obligations whatsoever, arising out of or resulting from any
one or more of the following: (i) any interference of any Owner's use and enjoyment of
any Common Property or'any portion of the Properties conveyed hereby by anyone using
the Golf Facility; (ii) improper design or operation or use of the golf course or any other
portion of a Golf Facility; (iii) the level of skill of any golfer; (iv) trespass by any golfer
on any portion of the Properties; (v) golf balls (regardless of the number and frequency or
occurrences) ]tit or thrown over or onto any portion of the Properties; (vi) golf equipment;
(vii) Golf Facility maintenance equipment and devises; (viii) social events held at a Golf
Facility; (ix) the exercise by any golfer or the owner of a Golf Facility of any easement
reserved or established for golfers or Ihat Golf Facility by this Deed or shown on any plat
of the Properties recorded in the Registry. Provided, however, the foregoing liability
limitations are n9i applicable to any of the named persons with respect to their acts or
16

omissions as golfers, members or guests using the Golf Facility, or as owners,
agents or employees of a Golf Facility. managers,
No Golf Facility, nor any owner or management, thereof, nor any member, partner
of sharehold..er thereof .er any affiliate'of any such member, partner or shareholder, nor
their respective employees, officers, directors or agents, nor any architects, builders
contractors or land planners hired or retained by the owner of such Golf Facility, in the
foregoing capacities, shall be liable for any damage or injury resulting from errant golf
balls hit by their parties, retrieval or errant golf balls by third parties from the reasonable
over spray of water from that Golf Facility. Provided, however, the foregoing liability
limitations are not applicable to any of the name persons with respect to their acts or
omissions as golfers, members or guests using the Golf Facility.
ARTICLE XIV
GFNI31RAL PROVISIONS
Section 1, Rules. The Board of Directors shall have the at.itlignity to adopt rules
for the use of the Common Properties, exterior portion of the Lots and Living Units, and
the conduct of members, their guest, invitees, tenants, and family- members and shall
furnish a written copy of said rules to the Owners. Any violation of such rules shall be
punishable by fine and/or suspension of the voting rights of the violating Owners.
Section 2. Duration. The covenants and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the
Association, or the Owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of twenty (20) years from the
date this Declaration is recorded, and thereafter for successive ten (10) year periods
unless an instrument signed by the'then Owners of sixty-seven percent (67%n) of the Lots
or Living ilnils has been recorded, agreeing; to change said covenants and restrictions in
whole or in hart. No such agreement or change shall be effective, unless written notice of
(lie proposed change is sent to every Owner at least thirty (30) days in advance of any
action taken, and provided, however, that at all times during the existence of these
covenants and restrictions that those areas set forth and set aside as .Common Properties
shall be retained for those'purposes except as set out in Article IV, Section 3(>!).
Section 3. Amendment. These covenants and restrictions may be amended
during the first twenty (20) year period by the vote of not less than sixty-seven percent
(67%) of each class of Members cast in person or by proxy at a meeting duly called for
this purpose. Written notice of the meeting and the subject matter to be voted upon at said
meeting shall be sent to each Member at least thirty (30) clays in advance of said meeting.
Thereafter, these covenants and restrictions may be amended by the vote of at least sixty-
seven percent (67%) of Members cast in person or by proxy at a duly caused meeting of
the membership. Matters mentioned elsewhere in these covenants requiring the approval
of. first mortgagees or requiring a greater percentage of Members for approval shall be so
governed. Any such amendment shall become operative and binding upon all Members
and their properties when set forth in an Amended Declaration of Covenants and
Restrictions and recorded- in the office of (lie Register of Deeds of Brunswick County,
North Carolina.
Section 4. Notices. Any notice required to be sent to any Member or Owner
under the provisions of this Declaration shall be deemed to have been properly sent when
mailed, or otherwise delivered, to [lie last known address of tile -person who appears as a
Member or Owner on the records of the Association at the time of such mailing.
Section 6. Enforcement. Enforcement of these covenants and restrictions shall be
by any proceeding at law or in equity against any person or persons violating or
attempting to viglate any covenant or restriction, either to restrain violation or to recover
damages, and against the land to enforce any liens or charges created by these covenants;
17

and failure by the Association or arty Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 6. Severability Invalidation of any one of these covenants or restrictions
by jttdgment..or court order shall in no way affect any other provisions, which provisions
shall remain in full force and effect.
Section Roads and Streets. All . roads and streets -made subject to this
Declaration are common property and shall be designated as private and shall be
maintained by the Association until such time as the South Harbour Master POA, Inc. is
created and takes responsibility of the roads and streets as required by the Master
Declaration. Furthermore, Developer for itself, its designees or assigns reserves a right of
ingress and egress over and across all of such roads and streets for purposes of accessing
any property described on exhibit A, Fxhibil B l)cvcloor adjoining properties owned by
per or its succesors and assigns. The Associali011 shall maintain the private roads
altd streets ill good condilioll readily available
of the roads and streets s assumedcby file for Mastemal r As o6iati se at all Imes until the
l�ttlon. It is further
understood that until the Master Association lakes control thereof, the Association may
be required to contribute prorala, to the maintenance and upkeep of Vanessa Drive anti
other roads which provide common access, ingress, egress and regress for the Owners and
others.
Section 8. Parking_ All }parking spaces immediately adjacent to a designated
Lot or Living Unit should be available for the sole use of the owner of such Lot, and the
Living Unit thereon, all other parking should be jointly available for the owner of all Lots
and their guest, subject to reasonable rules and regulations adopted from time to time by
file Board of Directors.
Section 9. Reconstruction and Repair.
11) W.ItMR9!-.cltt.tilrtl(<tion_S?t:...13s-t�ttir_.l lttitc:cl:
i) Common Elements. Except as otherwise provided in herein, if all or any part of
any improvement located on Ilse Common Elements is damaged or destroyed
by fire or other, casualty, the Executive Board shall arrange for and supervise
the prompt rcPair, rcphiccrneill and reconstruction thereof. The Association
shall not use the proceeds of casualty insurance received as a result of damage
or destruction of improvements located on the Common Elements for
purposes other than the repair, replacement or reconstruction of such
improvements except in accordance with Section 10.4. and the Act.
Lots/Improvements. if the residential building located upon a Lot is damaged
or destroyed, tile Association shall repair, replace or reconstruct the site and
the residential building either (i) by repairing or reconstructing such building
or other major improvement or (ii) by clearing away the debris and restoring
the site to an acceptable condition compatible with the remainder of the
Property. Unless the Architectural Control Committee permits a longer time
period, such work must be commenced within six (6) months after the casualty
and substantially completed within eighteen (18) months after the casualty.
b) Procedure for Reconstruction and Repair Performed by the Association
i) Cost Estimates. Immediately after a fire or other casualty causing damage to
any portion of the Property, the executive Board shall obtain reliable and
detailed estimates of the cost of.restoring and repairing such improvement to a
condition as good as that existing before such casualty. Such costs may also
include professional fees and premiums for such bonds as the Executive Board
determines to be necessary.
a� ,

ii) Plans and Snecifi� 'cations, Any such reconstruction or repair shall be
substantially in accordance with the original construction of any improvement
located on the Property, subject to any modifications required by changes in
applicable governmental regulations, and using contemporary building
,m4� erials and technology to the extent feasible; provided, however, that other
action may be taken if approved in accordance with Section 10.4 hereof.
c Disbursement of Construction Funds for Common Elements The proceeds of
insurance collected on account of a casualty and the sums received by the
Executive Board from the collection of assessments against the Owners shall constitute a construction fund, which shall be disbursed in payment of the costs of
reconstruction and repair in [lie following manner.
horIfaIIs, If the proceeds of insurance are not sufficierit' to defray such
CStlnlilte(1 cosl5 of repair$ or if Upon completion of reconstruction and repair
the 17u11cls for the payment of the costs thereof are insufficient, the amount
necessary to complete such reconstruction and repair maybe obtained -from
(lie appropriate reserve for replacement funds or shall be deemed a Common
Isxpense and an assessment therefore shall be levied subject to Section 5.2
hereof.
ii Surplus. "The first monies disbursed in payment of the cost of reconstruction
and repair shall be from insurance proceeds. If, after payment of -the costs 'of
all reconstruction and repair, and the refund of any excess payments made by
Owners in proportion to their contributions or the refund of excess payments
by any Owner, there remains any surplus fund, such fund shall be paid to the
Association and shall be placed in the appropriate reserve account.
d :;When Reconstruction and Repair of Common Elements Not Re l.rired.
)..
if destrnchon of the improvenlell's located on the Common Elements is
insubstantial, the I?xccrrtive Board may elect not to repair such insubstantial
damage. Otherwise, any decision not to repair or restore improvements on the
Common Elements shall be made in accordance with the Act. If damaged
improvements are not repaired, then the Executive Board shall remove all
remnants of Mlle clarnagecl improvements and restore the site thereof to an
acceptable condition compatible with the remainder of the Common Elements
and file balance of any insurance proceeds received on account of such
damage shall be placed in the appropriate reserve account.
Repair of Tot Improvements Except for damage to (lie improvements
constructed on the Lots, which is covered by insurance maintained by tile -
Association, each Owner shall be obligated to pay the cost of upkeep
necessitated by loss or damage to the improvements on his Lot unless: (i) the
loss or damage is caused by failure of the Association to upkeep any portion
of the improvements on his Lot for which the Association is obligated to
provide upkeep after notice by the Owner to the Association of the need for
upkeep, or (ii) the Association performs faulty upkeep to an area or portion of
(lie improvements on the Owner's Lot for which the Association is obligated
to provide upkeep, if the cost of upkeep necessitated by loss or damage is
covered by insurance maintained by the Association, the Owner shall pay that
portion of the cost, which would otherwise not be paid tllrougll the insurance
maintained by the Association by reason of deductibles applicable to such
policy or policies.
19

IN WITNESS WHEREOF, POINT ASSOCIATES LLC has caused this instrument to
be duly executed in its name by its duly authorized members, and Hilla Builders, Inc. has
caused the same to be executed by its __ President attested b its
liar been duly authorized by its Board of Directors,Fill as of tl�e da and year Secretary, all as
written. Y Y first above
POINT ASSSO-�CIATES, UC11
ATTEST:
SECRETARY
AYL2001 f NILGRENDECLAR
AWILGRENDECLAR.10
POINT ASSOCIATES, LLC
VIABLE CORP., Member -Manager
BY =pow
�
IIIT�L BUILDrRS NC.
By;
President
20

STATE Of NORTH CAROLINA
COUNTY OF
[, a Notary PLlblic of tllc County of � �e�
do hereby per ii fy tllal and Slate aforesaid,
ap �, Mcmbcr-Mallager of Point
Associates, ing (I , personally appeared before me this (lay and acknowlc(Iged the due execution
of the foregoing (locumenl.
WITNESS illy hand and notarial seal,, this (lie t-L(lay of 2001,
My Commission EX1)ires: I
STATE Or NORTH CAROLINA
COUNTY 0F `)4" f �-wg„pti
� N
Nlllul I'ul�ltc
f, JERRY Y. THOMASON
y Il 113' : NOTARY PUBLIC
Ponder Co., NC
MY Commlasslon Ex
r�
1, a Notai-j Public of the County of.. e--91 obi(.
do hereby certify that E. L. Burnett, 111, President of Viable Col-P., North Caroand lina corpo ►lion,
sal(1 cOl•I)O1-at1011 being a member ol• Polllt ASsocla(cs, LI..C, ers•onall
(lay and acknowledged the (luc execution of the (i)regoing (IolcunlCnl Of hC11►1f o(f Viablle `Corp ,lic s
said corporation acting in its capacity as a I11CIl11)cl• of I)Oillt Associates, LLC., and as the filet
and deed of tlic sai(I Point Associates, LLC,
2001.
WITNESS lily han(1 an(I nolar'ial seal., this thc4�1ay of /Dee-v�2
—
My Collllllissl.on Expires: C 2 --v �` $
STAT13 OF NORTH VAROLINA
COUNTY OF
NaVary 166blic
0
JERRY Y. THOMASON
NOTARY PUBLIC
K
Ponder co., NC
My commission ExpirAs
I, a Notary Public of the Collilly of and State
aforesaid, certify (hat _ personally appealed before lie
this clay and ackli'owledged that Ile/Slit Is Secretary of I-IILLA BUILDERS,
INC. a North Carolina Corporation, and that by authority (luly given and as all act of the
COIToration, (lie foregoing instl-rllllcilt was Sigile(I Ill its Ilrllllc I)y its
President, seflled wilh Its Corporate seal and attested by Ili [Ilse]F/herself as
its _ Sccrclliry,
2001, WITNESS lily hand an(I notarial still, this day of
Notary Public
My Conlnlission Expires:
fomis20001iilla,nol
A:wILGRENI)ECLAIUA-pd
?a

STATIC, OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, Ernestine A!• Worrall, a Notary Public in and for the State and County aforesaid, do certify that
Daniel Hilla , personally appeared before me this day, and acknowledged that be is President of Hilla
Builders, Inc.,, a corporation, and that as President being authorized to do so, executed the foregoing on
behalf of the corporation.
ifficial seal or stamp, this the 6th day ofDecembe ` 2001.
Notary Public

I�.��lit�Zrr c�A»
FIRST TRACT: ALL OF LOTS 1, 2, 3, 4 AND 5 AS SHOWN ON THAT PLAT
ENTITLED "MAP OF VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR
VILLAGE AT WESTPORT", PREPARED BY SHERWIN D. CRIBB AND
RECORDED IN MAP CABINET 24 AT PAGE 268 OF THE BRUNSWICK COUNTY
REGISTRY; TOGETHER WITH ADJACENT COMMON AREAS SURROUNDING THE
PERIMETER OF LOTS I THROUGH 5 INCLUSIVE, BEING TWENTY FEET IN
WIDTH ALONG THE EASTERN BOUNDARY OF SAID LOTS, SIXTEEN FEET IN
WIDTH ALONG TILE WESTERN BOUNDARY BETWEEN SAID LOTS AND THE 60'
PRIVATE ROAD; TWENTY FEET ALONG THE NORTHERN BOUNDARY OF 1,01' 1
ANI) TWEI-VE I"I"'F,, ' AILONO TIIl- SOIIT'HFIZN BOUNDARY OF LOT 5.
SH"COND TRACT: ALL OF LOTS 39, 40, 41 AND 42 AS SHOWN ON THE
AFOREMENTIONED AT PLAT ENTITLED "MAP OF VILLAGE GREEN
TOWNIHOMES ATSOUT11 I-IARBOUIZ VII..I.,AGE AT WESTPORT'', PREPARED BY
SHERWIN D. CR11313 AND RECORDED IN MAP CABINET 24 AT PAGE 268 of
THE BItUNSWICIC COUN"l'Y REGISTRY; TOCIE-T HER WI'I'1-1 ADJACENT COMMON
AREAS ALONG THE EASTERN, NORTHERN AND WESTERN BOUNDARIES OF
LOTS 39 ITIROUGII 42 INCLUSIVE, BEING SIXTEEN FEET IN WIDTH ALONG
THE EASTERN BOUNDARY of l.,o'r 39 BETWEEN SAID LOT AND THE 60'
PUBLIC ROAD, TWENTY FEET IN WIDTH ALONG THE NORTHERN BOUNDARY
OF SAID LOTS BETWEEN THE LOTS AND A 60' PRIVATE ROAD; AND TWELVE
FEET IN WIDTH ALONG THE WESTERN BOUNDARY OF LOT 42.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR EGRESS, INGRESS AND
REGRESS TO AND FROM SAID LOTS AND COMMON AREAS OVER THOSE AREA
DESIGNATED AS PRIVATE ROADS ON SAID PLATAND OVER VANESSA DRIVE
(A PRIVATE ROAD SHOWN ON THAT PLAT RECORDED IN MAP CABINET 224
PAC,[" AT 459) FROM F1Sl I FACTORY ROAD TO SAID PRIVATE ROADS.

BEING ALL THAT PROPERTY SHOWN AND DESIGNATED AS VILLAGE GREEN
TOWNHOMES AT WESTPORT AND AS VILLAGE GREEN TOWNHOMES AT
GLEN COVE ON : THAT PLAT PREPARED BY SHERWIN D. CRIBB AND
RECORDED IN MAP CABINET 21 AT PAGE 459 Or THE BRUNSWICIC COUNTY
REGISTRY,
ALL Or THAT TRACT OR PARCEL OF LAND CONVEYED TO CLYDE H.
FARNSWORTII 13Y POINT ASSOCIATIsS, LLC IN AUGUST 1999, CONTAINING
21 .5Q. ACRF?S, mnizi? OR I.I:tiS,

Brunswick County --Register of Deeds
Robert J. Robinson
Inst Book
08/14/2003004: 45: 0prn Rec#5Page J,, 76,JZLIE C E IV E D
FEB 17 2004
DWQ
pROJ #
Drawn by and Return to: Stevens,McGhee,Morgan,Lennon & Toll
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND
RESTRICTIONS
FOR VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT
WESTPORT
THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS
AND RESTRICTIONS FOR VILLAGE GREEN TOWNHOMES A�TE SOUTH
HARBOUR VILLAGE AT WESTPORT, made and entered into as of the /daL°y of
-14 gE 2003, by and between POINT ASSOCIATES, LLC, a North Carolina
Limited Liability Company, hereinafter called "Developer", Hilla Builders, Inc., a North
Carolina Corporation, (hereinafter sometimes referred to as "Hilla", and all prospective
purchasers and owners of real property within the Planned Living Unit Development
generally known as "Village Green Townhomes at South Harbour Village at Westport
WITNESSETH:
WHEREAS, Developer and Hil.la Builders, Inc., did, on December 7, 2001, cause
the Declaration of Covenants and Restrictions for Village Green Townhomes at South
Harbour Village at Westport to be recorded in the Office of the Register of Deeds of
Brunswick County, North Carolina, said Declaration being recorded in Book 1529 at
Page 663 of said Registry; and
WHEREAS, the Developer and Hilla have determined that it is in the best interest
of the said development above described that the said Declaration be amended in the
manner herein after set forth; and
WHEREAS, at a duly called meeting for that purpose, the following amendments
to the said Declaration were duly adopted and shall hereafter be operative and binding on
all Members and their properties upon the recordation of this First Artiendment in the
said Brunswick County Registry;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND
OTHER GOOD AND VALUABLE CONSIDERATIONS, THE FIRST AMENDMENT
TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR VILLAGE
GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT IS
DULY ADOPTED AS FOLLOWS:
ARTICLE I, DEFINITIONS, Section 1., 0), is deleted in. its entirety and the
following is substituted in lieu thereof:
" o) "Master Association shall mean South IIarbour Village Property
Owners Association, Inc., and /or South Harbour Master POA, Inc., or
similar, of which the Village Green Property Owners Association, Inc.,
shall be a member, and therefore subject to the Master Declaration.
Individual members of the Village Green Property Owners Association,
Inc. shall not be members of the Master Association, but shall be
represented therein by their Association."
1

Inst # 1.72006 Hook 1805Page! 922
ARTICLE XIV, GENERAL PROVISIONS, Section 5. Enforcement., is deleted
in its entirety and the following is substituted in lieu thereof:
"Section 5. Enforcement. The Developer, Hilla, the Association, or any
Owner, and, where applicable, the State of North Carolina, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Developer, the Association, an
Owner, or the State of North Carolina to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Further, the covenants set forth herein are intended to ensure the ongoing
compliance with State Stormwater Management Permit Number 990851
Modification, as issued by the Division of Water Quality. The State of North
Carolina is hereby made a beneficiary of this Declaration to the extent necessary
to enforce its storm water runoff regulations as the same may be amended from
time to time and to maintain compliance with the above noted stormwater
management permit. These covenants shall nin with the land and be be binding
upon all persons and parties claiming tinder them. The maximum built upon area
for each townhouse unit shall be three thousand five hundred (3,500) square feet,
unless and until the State of North Carolina shall revise its storm water runoff
regulations to permit a greater Built Upon Area for such units. For purposes of
this section, the allowable "Built Upon Area" shall include that portion of the
right-of-way between the front lot line and the edge of the pavement. Further,
built upon areas shall include, but not be limited to, strictures, asphalt, concrete,
gravel, brick, and/or walkways of asphalt, concrete, gravel, brick, stone, slate, or
coquina, but shall not include raised, open wood. or synthetic material decking, or
the water surface of a swimming pool. Any Owner may, in accordance with
applicable government regulations, borrow from another Owner any Built Upon
Area which is not being utilized by the other Owner, without the approval of any
Owner(s) not involved in such transaction, the Developer, Hilla, or the
Association.
Any covenants pertaining to stormwater regulations may not be changed
or deleted without the concurrence of the Division of Water Quality of the North
Carolina Department of Environment and Natural Resources. Lots within the
'Area of Environmental Concern (AEC) of Coastal Area Management (CAMA)
may have the built -upon area reduced to CAMA jurisdiction within the AEC.
Alteration of the drainage as shown on the approved plan shall not take place
without the concurrence of the State of North Carolina. Furthermore, all drainage
easements, and/or any portion thereof which is located on any portion of any lot
within the subdivision shall be preserved, protected, and maintained by the owner
of said lot. Further, the filling in or piping of any vegetative conveyances
(ditches, swales, etc.) within or used by the subdivision, except for average
driveway crossings, is strictly prohibited. Each lot will maintain a thirty (30) foot
wide vegetated buffer between all impervious areas and surface waters. All roof
drains shall terminate at least thirty(30) feet from the mean high water mark.
With respect to any curb and gutter located within the subdivision, the
following additional restrictions shall apply:
(A) Filling in, piping or altering any designated 5:1 curb outlet swale
associated with the subdivision is prohibited by any person or persons.
(B) With respect to any curb outlet system, each designated curb outlet
Swale shown on the approved plan must be maintained at a minimum of 100 feet
long with a 5:1 (H:V) side slope or flatter, have a longitudinal slope no steeper
than 5%, carry the flow from a 10 year storm in a non -erosive manner, and
maintain a dense vegetated cover.."
Except as amended hereby, the Declaration of Covenants and Restrictions for
Village Green Townhomes at South Harbour Village at Westport recorded in Book 1529
2

Inst # 172006 Book 1805Page: 923
at Page 663 in the Office of the said Register of Deeds of Brunswick County, North
Carolina, is confirmed, ratified, and re -adopted.
IN WITNESS WHEREOF, POINT ASSOCIATES LLC has caused this
instrument to be duly executed in its name by its duly authorized members, and Hilla
Builders, Inc. has caused the same to be executed by its President, attested by its
Secretary , all as has been duly authorized by its Board of Directors , all as of the day
and year first above written.
POINT ASSOCIATES, LLC
M
POINT ASSOCIATES, LLC
VIABLE CORP., Member -Manager
resident
President
ATTEST:_
Secretary
i
STATE OF NORTH CAROLINA
COUNTY OF (f3 2cr tiS 1 u l C /C
I, a Notary Public of the County of rl k n S w I C-/(- and State aforesaid, do
'' % hereby certify that T%��-�',�/' &&.9- , Member -Manager of Point
Associates, L.L.C., personally appeared before me this day and acknowledged the due execution
of the foregoing document.
"WITNESS my hand and notarial seal., this the day of -U - , 2003.
otary Public
My Commission Expires �� 3 �.6 o Lf
aniu 1 re ��/n
tkOTAOJ_
ffffif11111111�`;
3

xn # -Z 7200s
STATE OF NORTH CAROLINA
COUNTY OF' K�q
Eook 1805Pago� 924
I, a Notary Public of the County of p.� ,9-•- and State aforesaid, do
hereby cert}fy that E. L. Burnett, III, President of Viable Corp., a North Carolina corporation,
said corporation being a member of Point Associates, LLC, personally appeared before me this
day and acknowledged the due execution of the foregoing document of behalf of Viable Corp.,
said corporation acting in its capacity as a member of Point Associates, LLC., and as the act
and deed of the said Point Associates, LLC.
t
VYT'NESS my hand and notarial seal., this the / day of c.c , 2003.
�. —
°j1VIy ominiss on Expires: 1 Z _a b
S T'ATE °Ol NORTH CAROLINA
COUNTY OF
Notary Public
I, a Notary Public of the County of and State aforesaid,
certify that 0, , V � e., � - personally appeared before me this day and
acknowledged that he/sloe is ASS "T Secretary of HILLA BUILDERS, INC. a North
Carolina Corporation, and that by authority duly given and as an act of the corporation, the
foregoing instrument was signed in its name by its President, sealed with
its corporate seal and attested by himself/herself as its A �s—r Secretary.
WITNESS my hand and notarial seal, this day ofr.c_ �,`" , 2003.
My Commission Expires: ( 2 --0
AYL2003'C: VLGRNAMemd
STATE OF NORTH CAROLINA
COUNTY OF BR.UNSWICK
The Foregoing (or annexed) Certificate(s) of
NotarfPublrc :`� WA
REBA C. ADAMS,JERRY Y. THOMASON
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 1 4 t h Day of 2003
in the Book and page shown on the First Page hereof.
RO I; J. RO INSON, Register of Deeds
4

Btnnswi"ck Caen
Robert J. Robinsonister of ]]ems
Itst #172005 , . Book 1805Page 917
08/14/2003 04:44:31pm Rec#
16 7(3'�
Prepared by and Returned to:
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
43 CT
TOTAL.r
CpIg
CASHY.
FIRST SUPPLEMENT TO THE DECLARATION OF COVENANTS AND
RESTRICTIONS FOR VILLAGE GREEN TOWNHOMES AT
SOUTH HARBOUR VILLAGE AT WESTPORT
WHEREAS, POINT ASSOCIATES, LLC, a North Carolina Limited Liability Company
(hereinafter referred to as "Declarant'), and HILLA BUILDERS, INC., a North Carolina
Corporation, (hereinafter referred to hs "Hilla") have heretofore executed and caused to be
recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, in Book
1529, Page 663, a Declaration of Covenants and Restrictions for Village Green Townhomes at
South Harbour Village at Westport (hereinafter the "Declaration"), and which Declaration has
been amended by that certain First Amendment to the Declaration of Covenants and
Restrictions for Village Green Townhomes at South Harbour Village at Westport , said
amendment having been recorded or is to be recorded in the said Brunswick County Registry;
and,
WHEREAS, in accordance with ARTICLE II, Section 2 of the Declaration, the
Declarant arid Hilla expressly reserved the right to add certain additional real estate to the
townhome developnr ent described in Exhibit "A" to the Declaration; and,
WHEREAS, Declarant and Hilla desire to supplement the Declaration in order to expand
the townhome development by the addition of a portion of the Additional Real Estate described
in the Declaration and to subject said property to the Declaration and its amendments.
NOW, THEREFORE, the Declarant and Hilla, in accordance with the provisions of the
Declaration and North Carolina law, do hereby amend and supplement the Declaration in the
following respects:
The real property which is and shall be held, transferred, sold, and conveyed
subject to the Declaration (and this Supplement) as described in Exhibit "A" to the
Declaration is hereby supplemented, amended, and revised to include the real property as
shown and designated on Exhibit "A" attached hereto and made a part hereof by this
document by reference, The real property described in said Exhibit "A" of this First
Supplement and the real property described in Exhibit "A" to the original Declaration
shall be and constitute the Property luiown as Village Green Townhomes at South

inst # 3.72005 Book 1805Page: 918
Harbour Village at Westport, upon the recordation of this supplement. This First
Supplement shall be deemed to be a Declaration of ownership for the property herein
described .
Dues and assessments payable for all property annexed hereby shall be paid as
provided in the Declaration.
EXCEPT AS SPECIFICALLY supplemented hereby and as amended by the First
Amendment referenced above, the aforesaid Declaration shall be and remain in full force and
effect and shall apply to Units, Common Areas, Shared Common Areas and Limited Common
Areas created by this First Supplement to the Declaration.
IN WITNESS WHEREOF, POINT ASSOCIATES, LLC has caused this document to be
executed in its name by its duly authorized Member -Managers, and HILLA BUILDERS, INC,
has caused, this document to be executed by its President and attested by its Secretary, with it
corporate seal affixed, all by the authority if its Board of Directors duly given, as of the
day o
2003.
Atteu
ksst. Seca` t
Atfe,�
st. Secretary
Secretary
POINT ASSOCIATES, LLC
WILMINGTON HOLDING CORP., Member -Manager
B --
V ce-President
VIABLE CORP., Member -Manager
By: Ali.
President
HillsLi�lders Inc.
y;
President ���� • `�

Irtst # 172005 Book 1005Page: 919
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of /UAW tfi9WOVC4< County, North Carolina do hereby
certify that ALTON Y. LENNON personally appeared before me this day and acknowledged that
he is the Vice President of Wilmington Holding Corp., a North Carolina Corporation, which he
also acknowledged is a Member -Manager of POINT ASSOCIATES, LLC, that he further
acknowledged that the foregoing and annexed instrument was signed by himself as the Vice
President of said corporation, attested by Jerry Thomason as its Assistant Secretary, with its
corporate seal affixed, all by authority of its Board of Directors, and as a Member of, on behalf
of, and as the deed and act of the said POINT ASSOCIATES, LLC.
WITNESS my hand and notarial sta p or seal, this day of U6vS-T , 2003.
No ary Public .
My Commission Expires: q(11310 &
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of &etv /AIUoVCr- County, North Carolina do hereby
certify that EDWIN L. BURNETT, III personally appeared before me this day and acknowledged
that he is the President of Viable Corp., a North Carolina Corporation, which he also
acknowledged is a Member -Manager of POINT ASSOCIATES, LLC, that he further
acknowledged that the foregoing and annexed instrument was signed by himself as the President
of said corporation, attested by Alton Y. Lennon as its Assistant Secretary, with its corporate seal
affixed, .all by authority of its Board of Directors, and as a Member of, on behalf of, and as the
deed and act of the said POINT ASSOCIATES, LLC.
WITNESS my hand and notarial st p or seal, this day of Aylwsr- , 2003.
N ary Public
My Commission Expires: ,-//I S/o ff,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a. Notary Public of County, North Carolina do hereby
certify that Daniel Hilla person y appeared before me this day and acknowledged that he is the
President of Hilla guilders, Inc., a North Carolina Corporation;, that he further acknowledged
that the foregoing and annexed instrument was signed by himself as the President of said
corporation, all by authority of its Board of Directors, and as the deed and act of the said Hilla
Builders, Inc.
WITNESS my hand and notarial starnp or seal, this ///f-�day of kC,cc 5 209,3.
NotaePu lic a `�
y Commission Expires:
AYL2003B:VGRNWESTSUP
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s)of GEORGIA L. EZZELL, JERRY Y. THOMASON
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 14th Day of Au ust in the Book and page shown on the First Page hereof. 2003
RO E ' J. Ito HNSON, Register of Deeds

Inst # 172005 Book 1805Page: 920
EXHIBIT "A" TO THE
FIRST SUPPLEMENT TO THE DECLARATION OF COVENANTS
AND RESTRICTIONS FOR VILLAGE GREEN TOWNHOMES AT
SOUTH HARBOUR VILLAGE AT WESTPORT
FIRST TRACT: ALL OF LOTS 43, 44, 45, AND 46, VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR
VILLAGE AT WESTPORT, AS THE SAME ARE SIIOWN ON THAT PLAT ENTITLED "REVISED MAP OF
VILLAGE GREEN TOVb'NHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT" PREPARED BY
SHERWIN D. CRIBB; PROFESSIONAL LAND SURVEYOR, SAID PLAT BEING DATED JUNE 15, 2001,
AND RECORDED IN MAP CABINET 24 AT PAGE 268 OF THE BRUNSWICK COUNTY, NORTH
CAROLINA, REGISTRY, REFERENCE TO WHICH PLA IS HEREBY MADE FOR A ORE PARTICULAR
DESCRIPTION.
THE ABOVE DESCRIBED PROPERTY IS CONVEYED TOGETHER WITH AND SUBJECT TO ALL
EASEMENTS AND OTHER MATTERS SHOWN ON SAID PLAT, AND TOGETHER WITH AND SUBJECT
TO, EASEMENTS OVER AND UPON MOREHEAD DRIVE, ANDERSON DRIVE, AND VANESSA DRIVE
(SHOWN ON THAT PLAT RECORDED IN MAP CABINET 21 AT PAGE 451 AS A 60 FOOT RIGHT OF
WAY), ALI, IN THE SAID BRUNSWICK COUNTY REGISTRY.
SECOND TRACT: ALL OF LOTS 55, 56, 57, AND 58, VILLAGE GREEN TOWNHOMES AT SOUTH
HARBOUR VILLAGE AT WESTPORT, AS THE SAME ARE SHOWN ON THAT PLAT ENTITLED
"REVISED MAP OF VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT"
PREPARED BY SHERWIN D. CRIBB, PROFESSIONAL LAND SURVEYOR, SAID PLAT BEING DATED
JUNE 15, 2001, AND RECORDED IN MAP CABINET 24 AT PAGE 268 OF THE BRUNSWICK COUNTY,
NORTH CAROLINA, REGISTRY, REFERENCE TO WHICH PLA IS HEREBY MADE FOR A MORE
PARTICULAR DESCRIPTION.
THE ABOVE DESCRIBED PROPERTY IS CONVEYED TOGETHER WITH AND SUBJECT TO ALL
EASEMENHTS AND OTHER MATTERS SHOWN ON SAID PLAT, AND TOG ETHER WITH AND SUBJECT
TO, EASEMENTS OVER AND UPON MOREHEAD DRIVE, ANDERSON DRIVE, AND VANESSA DRIVE
(SHOWN ON THAT PLAT RECORDED IN MAP CABINET 21 AT PAGE 451 AS A 60 FOOT RIGHT OF
WAY), ALL IN THE SAID BRUNSWICK COUNTY REGISTRY.
THIRD TRACT: BEING ALL OF LOTS 59, 60, 61, AND 62, OF VILLAGE GREEN TOWNHOMES AT
WESTPORT AT SOUTH HARBOUR VILLAGE, AS THE SAME ARE SHOWN ON THAT PLAT ENTITLED
"REVISED MAP OF VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT,
PREPARED BY SHERWIN D. CRIBB, PLS, SAID PLAT BEING DATED JUNE 15, 2001, AND RECORDED
IN MAP CABINET 24 AT PAGE 268 OF THE BRUNSWICK, NORTH CAROLINA REGISTRY, RE3FERENCE
TO WHICH PLAT IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
THE ABOVE DESCRIBED PROPERTY IS CONVEYED TOGETHER WITH AND SUBJECT TO ALL
EASEMENTS AND OTHER MATTERS SHOWN ON SAID PLAT, AND TOGETHER WITH AND SUBJECT
TO EASEMENTS OVER AND UPON MOREHEAD DRIVE, ANDERSON DRIVE, AND VANESSA DRIVE
(SHOWN ON THAT PLAT RECORDED IN MAP CABINET 24 AT PAGE 267) ALL IN THE SAID
BRUNSWICK COUNTY REGISTRY.
ay12003B:

[� 0 r 9
�ma
Brunswick County --Register of Deeds
Robert J. Robinson
Inst #173201 Book 1810Page 1142
08/21/2003 03:51:36im Recl �� 857
Prepared by and Returned to:
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP
STATE OF NORTH CA 0LINA
qNTY OF,AK
,r .. v
(0� [ - r-
g [�UNLWZCM
S 62iWP,,��}}''��LEMENT TO THE DECLARATION OF COVENANTS AND
REI CTIONS FOR VILLAGE GREEN TOWNHOMES AT
SOUTH HARBOUR VILLAGE AT WESTPORT
WHEREAS, POINT ASSOCIATES, LLC, a North Carolina LimitNop,
ty Company
(hereinafter referred to as "Declarant"), and HILLA BUILDERS, INC., a ,olinaa • , jpg d� "dL,
Corporation (hereinafter referred to as "Hilla") have heretofore executed j�� r.��d'' rrecorded in the Office of the Register of Deeds of Brunswick County, Noh�;�t5, ook a
1529, Page 663, a Declaration of Covenants and Restrictions for Village Gkz6n TownhdYf{���
South Harbour Village at Westport (hereinafter the "Declaration"), and which Declaration has
been amended by that certain First Amendment to the Declaration of Covenants and
Restrictions for Village Green Townhomes at South Harbour Village at Westport, said First
Amendment having been recorded in Book 1805 at Page 921 in the said Brunswick County
Registryr!r
�Cl lac •6!rdance with ARTICLE II, Section 2 of the Declaration, the
Declarz. i1Ta' the right to add certain additional real estate to the
e3 �n Exhibit"A" to the Declaration; and,
townhome devolopm
WHEREAS, pursuant to the said Declaration, Declarant and Hills did expand the
townhome development by the recordation of that certain First Supplement to the Declaration of
Covenants and Restrictions for Village Gre Townhomes at South Harbour Village at
Westport,said First Supplement having bee�c�orded in Book $Qj��ge 917 in the said
Brunswick County Registry; and °�
WHEREAS, Declarant and Hilla dto to furd'intmpm;ol}ut the Declaration in order to
again expand the townhome development by the addition of a pd�fl�f M — the Additional Real
Estate described in the Declaration and to subject said property to the Declaration and its
amendments.
NOW, THEREFORE, a eclarant and Hills, in accordance with the provisions of the
Declara • and Ngrl utt�iu, do hereby amend and again supplement the Declaration in
the foil .
TIT
TIYL�'dp which is and shall be held, transferred, sold, and conveyed
subject to the Declaim, as amended, as is described in Exhibit "A" to the Declaration,
RECEIVRDV
FEB 17 2004
DWQ
' ROJ #

}} ]97PI..,rite�d,-
amended, pag: 1143
and Exhibit "A" to the First Supplement above cres i Tied, is hereby ti and revised to include the real property as shown and designated on Exhibit
"A" attached hereto and made a part hereofby this document by reference. The real
property described in said Exhibit "A" of this Second Supplement, together with the real
property described in Exhibit "A" to the First Sidp9lement, and the realty
described in Exhibit "A" to the original Declaratio 1 be �} £t�flt(t., Property
known as Village Green Townhomes at South Har y a��We's�tport , upon the
recordation of this Second Supplement. This Se't� shdKMMMlied to be a
Declaration of ownership for the property herein describe
Dues and assessments payable for all property annexed hereby shall be paid as
provided in the Declaration.
EXCEPT AS SPECIFICALL , plemented hereb .,.p } 'the First Supplement, and
as amended by the First Amendment refe . ed bf�y��eaid'Declaration shall be and
remain in full force and effect and sh 1 JVHits�tVi3 mon Areas, Shared Common Areas
slid Limited Common Areas created��hid �cc4"te Declaration.
IN WITNESS WHEREOF, POINT ASSOCIATES, LLC has caused this document to be
executed in its name by its duly authorized Member -Managers, and HILLA BUILDERS, INC,
has caused this document to be executed by its President and attested by its Secretary, with its
corporate seal affixed, all by the authority if its BoArd of Directora duly given, as of the
day of
August, 2003. ? J ,I-13'.r�,\[.-�
POINT A55C1GIAS,iJ1GC1?�/[
WILMINGTON HOLDING CORP., Member-Manegor
By.
evident
[J'
r0A
Presid
Pr dent
ent �-; �'� J'-•''r-•
�Uj 1:�10 FFSrM&
i
At

e
111 h.1 L,
pit # 173201 Book 1810Page: 1144
STATE OF NORTH CAROLINA `u U
COUNTY OF NEW HANOVER
I, a Notary Public of Now Hanover County, North Carolina do hereby
certify that ALTON Y. LENNON personally appeared before me this day and acknowledged that
he is the Vice President ofe; 'lmington Holding Co a North Carolina Corporation, which he
also acknowledged is a Mem .. anagg-ok��,Q�QI2 � 9.00IATES, LLC, that he further
acknowledged that the foregoi ' '" .l},Itis2unent was signed by himself as the Vice
P said cotporati - t erry a!ftfiff$8Was its Assistant Secretary, with its
fixed, all by authority o. e -�j� irectors, and as a Member of, on behalf
Q t� and act of the said POINT ASStCIATES, LLC.
SAS y hand and notarial s amp or seal, this 18th y of August , 2003.
110 Notary Public''�lqExpires: 11/12/06 Yvonne / �h` �gJVr1-
rrl II "JC M68�F�41S
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of Pender County, North Carolina do hereby
certify that EDWIN L. BURNETT, III personally appeared before me this day and acknowledged
that he is the resident of Viable Corp., a North Carolina Corporation, which he also
acknowledge ember -Mara rII fA ASSOCIATES, LLC, that he further
acknoayl,,e ed that Q da nstrument was signed by himself as the President
�fS''Md l7tQv tie V `l�)t"} jon as its Assistant Secretary, with its corporate seal
�0, ority d-N0� f Directors, and as a Member of, on behalf of, and as the
•
ti�ti o�'a aid POINTVW"�TATES, LLC.
C
y hand and notarial stamp or seal, this 18nth day of August , 2003.
C NotarylPtibrid a 5 rQ
'• "•w 12/08/05 Jerry Y. Th s na , ��C�,' x�
My Commission Expires:
I ��
STATE OF NORTH CAROLINA I l� aaa�ta
COUNTY OF NEW HANOVER
I, a Notary Public of%County, North Carolina do hereby
certify that Daniel Hilla personally appeared before the this day and acknowledged that he is the
President of Hilla Builders, Inc., a North Carolina Corporation;, that he further acknowledged
hat the foregoing and zed instrument was signed by himself as the President of said
c ratio r...a jFy�o�t�t y'of its Board of Directors, and as the deed and act of the s�jd Hiller„
CN "JI
1 ,
e
� yj and and notarial. stamp or seal, this f day of $3. j
My Commission Expires:
AYL2003B: V G WESSECSUP
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s)of
YVONNE R
c"
1J�fr,.-,
SNEEDEN, JE 'KY Y. Tt�(� f
Notaty(ies) Public is (are) Certified to be Correct. 21st August 2003
This Instrument was filed for Registration on this Day or ri_
in tFe Book and page shown on the First Page hereof. \ '
—......--- RO E `_1 —� IFi, egiste��g

c
Inst # 173201 Book 1010Pages 1145
EXHIBIT "A" TO THE
SECOND SUPPLEMENT TO THE DECLARATION OF COVENANTS
AND RESTRICTIONS FOR VILLAGE GREEN TOWNHOMES AT
SOUTH HARBOUR VILLAGE AT WESTPT
44*
ALL OF LOTS 6, 7, 8, 9, 51, 52, 53, AND 54, VILLAGE GREEN TO�
AT SOUTH HARBOUR VILLAGE AT WESTPORT, AS THE SAME ARE
SHOWN ON THAT PLAT ENTITLED "REVISED MAP OF VILLAGE GREEN
TOWNHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT"
PREPARED BY SHER N D. CRIBB, PROFESS ONAL LAND SURVEYOR,
SAID PLAT BEING DAT�� E 15jAICORDED IN MAP
CABINET 24 AT PAGE 268-$ IC
COUNTY, NORTH
CAROLINA, REGISTR E TWWTIl'mH PLAT IS HEREBY MADE
FOR A MORE PARTICAR DESq
THE ABOVE DESCRIBED PROPERTY IS CONVEYED TOGETHER WITH
AND SUBJECT TO ALL EASEMENTS AND OTHER MATTERS SHOWN ON
SAID PLAT, AND TOGER WITH AND SUBJECT TO, EASEMENTS OVER
AND UPON MOREHEAD DII , AN_D %j�[[' E AND VANESSA DRIVE
(SHOWN ON THAT PLAT kk'�;dc CABINET 21 AT PAGE 451 AS
A 60 FOOT RIGHT OF W,- HEWZUNSWICK COUNTY
REGISTRY. - `I'T�1CU/z,
AYL20.Yrl'r.rl� ru1�
II �Il 0 `r
v

n
RECEIVED
Prepared by and Returned to:
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP FEB 17 2004
STATE OF NORTH CAROLINA DwQ
COUNTY OF BRUNSWICK "'tod #
THIRD SUPPLEMENT TO THE DECLARATION OF COVENANTS AND
RESTRICTIONS FOR VILLAGE GREEN TOWNIIOMES AT
SOUTH HARBOUR VILLAGE AT WESTPORT
WHEREAS, POINT ASSOCIATES, LLC, a North Carolina Limited Liability Company
(hereinafter referred to as "Declarant"), and HILLA BUILDERS, INC., a North Carolina
Corporation (hereinafter referred to as "Hills") have heretofore executed and caused to be
recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, in Book
1529, Page 663, a Declaration of Covenants and Restrictions for Village Green Towrdhomes at
South Harbour Village at Westport (hereinafter the "Declaration"), and which Declaration has
been amended by that certain First Amendment to the Declaration of Covenants and
Restrictions for Village Green Townhomes at South Harbour Village at Westport, said First
Amendment having been recorded in Book 1805 at Page 921 in the said Brunswick County
Registry; and
WHEREAS, in accordance with ARTICLE II, Section 2 of the Declaration, the
Declarant and Hilla expressly reserved the right to add certain additional real estate to the
townhome development described in Exhibit "A" to the Declaration; and,
WHEREAS, pursuant to the said Declaration, Declarant and Hilla did expand the
townhome development by the recordation of that certain First Supplement to the Declaration of
Covenants, and Restrictions for Village Green Towrihomes at South Harbour Village at
Westport , said First Supplement having been recorded in Book 1805 at Page 917 in the said
Brunswick: County Registry, and did further expand the townhome development by the
recordation of that certain Second Supplement to the Declaration of Covenants and Restrictions
for Village Green Towrihomes at South Harbour Village at Westport, said Second Supplement
having been recorded in Book 1810 at Page 1142 in the said Brunswick County Registry; and
WHEREAS, Declarant and Hilla desire to further supplement the Declaration in order to
again expand the townhome development by the addition of a portion of the Additional Real
Estate described in the Declaration and to subject said property to the Declaration and its
amendments.
NOW, THEREFORE, the Declarant and Hilla, in accordance with the provisions of the
Declaration and North Carolina law, do hereby amend and again supplement the Declaration in
the following respects:
The real property which is and shall be held, transferred, sold, and conveyed
subject to the Declaration, as amended, as is described in Exhibit "A" to the Declaration,
Exhibit "A" to the First Supplement above described, and Exhibit "A" to the Second
Supplement above described, is hereby further supplemented, amended, and revised to
include the real property as is shown, described, and designated on Exhibit "A" attached
hereto and made a part of this document by reference. The real property described in said

Exhibit "A" of this Third Supplement, together with the real property described in
Exhibit "A" to the First and Second Supplements, and the real properly described in
Exhibit "A" to the original Declaration, shall be and constitute the Property known as
Village Green Townhomes at South Harbour Village at Westport , upon the recordation
of this Third Supplement. This Third Supplement shall be deemed to be a Declaration of
ownership for the property herein described .
Dues and assessments payable for all property annexed hereby shall be paid as
provided in the Declaration, and all amendments thereto.
EXCEPT AS SPECIFICALLY supplemented hereby, and by the First and Second
Supplements, and as amended by the First Amendment referenced above, the aforesaid
Declaration shall be and remain in frill force and effect and shall apply to Units, Common Areas,
Shared Common Areas and Limited Common Areas created by this Third Supplement and by all
previously recorded documents relating to the Village Green Townhomes at South Harbour
Village at Westport.
IN WITNESS WHEREOF, POINT ASSOCIATES, LLC has caused this document to be
executed in its name by its duly authorized Member -Managers, and HILLA BUILDERS, INC,
has caused this document to be executed by its President and attested by its SS T Secretary, with
its corporate seal affixed, all by the authority of its Board of Directors duly given, as of the
day of , 2004.
Attest:
5s�tary
POINT ASSOCIATES, LLC
WILMINGTON HOLDING CORP., Member -Manager
IC
VIABLE CORP., Member -Manager
By:
Preside t
Hii
M.
rlCS1uCHL

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER I, a Notary Public of N 0&WU) County, North Carolina do hereby
certify that ALTON Y. LENNON personally appeared before me this day and acknowledged that
he is the Vice President of Wilmington Holding Corp., a North Carolina Corporation, which he
also acknowledged is a Member -Manager of POINT ASSOCIATES, LLC, that he further
acknowledged that the foregoing and annexed instrument was signed by himself as the Vice
President of said corporation, attested by Jerry Thomason as its Assistant Secretary, with its
corporate seal affixed, all by authority of its Board of Directors, and as a Member of, on behalf
of, and as the deed and act of the said POINT ASSOCIATES, LLC.
WITNESS my hand and notarial stamp or seal, this _0 day of , 2004.
Notary Public
My Commission Expires: �4 l U D n ty'e' R •
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of QUA .) UCLtt4t7ZJCounty, North Carolina do hereby
certify that EDWIN L. BURNETT, III personally appeared before me this day and acknowledged
that he is the President of Viable Corp., a North Carolina Corporation, which he also
acknowledged is a Member -Manager of POINT ASSOCIATES, LLC, that he further
acknowledged that the foregoing and annexed instrument was signed by himself as the President
of said corporation, attested by Alton Y. Lennon as its Assistant Secretary, with its corporate seal
affixed, all by authority of its Board of Directors, and as a Member of, on behalf of, and as the
deed and act of the said POINT ASSOCIATES, LLC.
WITNESS my hand and notarial stamp or seal, this day o 04.
Notary P bli
My Commission Expires: // /Z�Z vv l>� ;t 5��g Pie
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public ofCounty, North Carolina do hereby
certify that Daniel Hilla personally appeared before me this day and acknowledged that he is the
President of Hilla Builders, Inc., a North Carolina Corporation;, that he further acknowledged
that the foregoing and aruiexed instrument was signed by himself as the President of said
corporation, all by authority of its Board of Directors, and as the deed and act of the said Hilla
Builders, Inc.
WITNESS my hand and notarial stamp or seal, this 1_ day of52004.
N tar • Public
My Commission Expires: 12-_ I r<- 0 s -
AYL2003H., VGWP3RDSUP

EXHIBIT "A" TO THE
THIRD SUPPLEMENT TO THE DECLARATION OF COVENANTS
AND RESTRICTIONS FOR VILLAGE GREEN TOWNHOMES AT
SOUTH HARBOUR VILLAGE AT WESTPORT
ALL OF LOTS 109 119 12,139 AND 14, AND LOTS 359 36,379 AND 389
VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT
WESTPORT, AS THE SAME ARE SHOWN ON THAT PLAT ENTITLED
"REVISE+D MAP OF VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR
VILLAGE AT WESTPORT" PREPARED BY SHERWIN D. CRIBB,
PROFESSIONAL LAND SURVEYOR, SAID PLAT BEING DATED JUNE 15,
2001, AND RECORDED IN MAP CABINET 24 AT PAGES 267 THROUGH 269
OF THE BRUNSWICK COUNTY, NORTH CAROLINA, REGISTRY,
REFERENCE TO WHICH PLAT IS HEREBY MADE FOR A MORE
PARTICULAR DESCRIPTION.
THE ABOVE DESCRIBED PROPERTY IS CONVEYED TOGETHER WITH
AND SUBJECT TO ALL EASEMENTS AND OTHER MATTERS SHOWN ON
SAID PLAT, AND TOGETHER WITH AND SUBJECT TO, EASEMENTS OVER
AND UPON MORE, HEAD DRIVE, ANDERSON DRIVE, AND VANESSA DRIVE
(SHOWN ON THAT PLAT REI CORDED IN MAP. CABINET 21 AT PAGE 451 AS
A 60 FOOT RIGHT OF WAY), ALL IN THE SAID BRUNSWICK COUNTY
REGISTRY.
AYL2003H: VGWP3IWSUP