SW8000204_Current Permit_20000414

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
Mr. Edwin L. Burnett
Pointe Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
Dear Mr. Burnett:
T••
V� Ilo�111'
NCDERmRm0'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 14, 2000
Subject: Permit No. SW8 000204
Village Green Townhouses and Glen Cove Subdivision
Low Density Subdivision Stormwater Permit
Brunswick County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Village
Green Townhouses and Glen Cove Subdivision on April 13, 2000. Staff review of the plans and specifications has
determined that the prof ect, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 000204, dated April 14, 2000, for the construction of the project
Village Green Townhouses and Glen Cove Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 thirty (30) days following receipt ofthis 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 Noelle
Lutheran or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAI'\PERNIIT\000204.APR
cc: Phil Norris
Delaney Aycock, Brunswick County Inspections
David "Thomas, NCDOT- Division 3, District 3
Wilmington Regional Office
Central Files
Noelle Lutheran
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No.SW8 000204
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 ofNorth Carolina as amended, and
other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Pointe Associates, LLC
Village Green Townhouses and Glen Cove Subdivision
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 pls
an and specifications, and other supporting data. as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit for Village Green Townhouses and Glen Cove Subdivision.
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
Each of the 94 lots is limited to a maximum of 2,945 square feet of built -upon area, and each townhouse unit
is limited to 2,500 square feet ofbuilt-upon area, 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 or lot sizes 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.
2

State Stormwater Management Systems
Permit No.SW8 000204
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. Loring 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 revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. 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 allowable built -upon area per lot is 2,945 square feet. The allowable built -upon area per
townhouse is 2,500 square feet. This allotted amount includes any built -upon area constructed within
the lot property boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, l the water
surface of swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
C. "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."
d: "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC."
e. "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters."
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon
area per lot within 30 days of the date of recording.
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:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. 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.
9. Within 30 days of completion of the pro'ect, the permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must be noted on the
Certification.

State Stormwater Management Systems
Permit No.S R 000204
10. 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 pennittee shall submit a
written time schedule to the Director for modiing the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made.
11. The following items will require a modification to the permit. Revised plans, specifications and calculations
must be permitted prior to beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or pipmg any vegetative conveyance shown on the approved plan.
12. The Director may ; determine that other revisions to the project should require a modification to the permit.
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 Quality, 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 reissuance, or termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopeningand mod' p
revoking and reissuing the permit, or terminating the permit as allowed by thlaws, rules, and regula ons
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 reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted to the
Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits, and may or may not be approved.
6. 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.
7. The permittee grants permission to DENR Staffto enter the property during business hours for the purposes
of inspecting the stormwater control system and it's components.
8. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days of
moving.
Permit issued this the 14th day of April, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
.----------- --
i C'q Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 000204

A&K #99314
SWALE MAINTENANCE REQUHtEMENTS
Project Name Village Green Townhouses and Galen Cove Subdivision Project No.
Responsible Party: Pointe Associates, LLC Phone No. 910-457-4842
Address: 3950 Old Bridge Road, Southport, NC 28461
1. Mowing will be accomplished as needed according to the season. Grass height will not
exceed 6" at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for
sediment buildup, erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or
sodded following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as
needed based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly
or after every runoff producing rainfall event. Trash and debris will be cleared away from
grates, curb cuts, velocity reduction devices, and piping.
I acknowledge and agree by my signature below that I am responsible for the performance of the
above maintenance procedures.
Signature � OZ J. K - Date ? *-V000'-
2ok�� bs��,
N b

A&K #99314
Date Received
Fee Paid
14w.
Permit Number
-
SW-800 O ZO 4.11
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Pointe Associates LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Edwin L. Burnett
3. Mailing Address for person listed in item 2 above:
3950 Old Bridge Road
City: Southport State: NC Zip: 28461
Telephone Number: f 910 ) 457-4842
4. 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 Glen Cove Subdivision
5. Location of Project (street address):
3950 Old -Bridge Road
City: Southport, NC County: Brunswick
6. Directions to project (from nearest major intersection):
Located at intersection of Old Bridge Road and NC 133
7. Latitude: 780 n4' o ° Longitude:__ 33° 56' n2" of project-
8. Contact person who can answer questions about the project:
Name: Phil Norris Telephone Number: ( 910 ) 343-9653
YI. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99
Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing penr �lis`f the
existing permit number n / a and its issue date (if known) n Y-
3. Specify the type of project (check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major Sedimentation/Erosion Control _404/401 Permit _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
3. Total Project Area: 51.69 acres
S. How many drainage areas does the project have?.
1
River basin.
4. Project Built Upon Area: 25 %
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.
Basin Inforinatic t k
"y K age,Areal"
Drainag &oa 2
Receiving Stream Name
UT Intracoastal Waterway
Receiving Stream Class
SA
Drainage Area
51-fiq AC
Existing Impervious* Area
0
Proposed Im ervious'Area
12.923 AC
% Impervious* Area (total)
1 25
eivods" Sur�ate Arm
lrafiag leae
,Area 2
On -site Buildings
9.684 AC
On -site Streets
2.865 AC
On -site Parking
0
On -site Sidewalks
0
Other on -site
Off -site
0
**
Total: 12.923 AC
I Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
** See breakdown in calculations
Form SWU-101 Version 3.99 Page 2 of 4

7. How 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.
I. The following covenants are intrnded to ensure ongoing compliance with state stormwater management permit
number SW f 00 0 Za 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 ? 945 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.
3. 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.
5. All permitted runoff from 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 SWU-109
Innovative Best Management Practice Supplement
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.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form 9,10
• 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 �' fA
• Two copies of plans and specifications, including: .9. 46
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
- Details of roads, drainage features, collection systems, and stormwater control measures
- 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): Q n d r aw & K i i c k e C o n c i i i t i n n F n n i n e e r c T n r
Mailing Address: 902 Market Street
City: Wilmington 1 mi ngton State: NC Zip: 28401
Phone:( 910 343-9653 Fax: S 910 I 343-•9604
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person Iisted in General Information, item 2) Edwin L . Burnett
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.100� "
Signature: Date: 3 q a
Form SWU-101 Version 3.99 Page 4 of 4

A&K #99314
Permit No. �✓�2D
(to be Provided by DWQ)
State of North Carolina
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 reauirementc and density factors can
be found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : Village Greens Townhouses and Glen Cove Subdivision
Contact Person: Phi 1 Norris Phone Number: "ID) 343_9653
Number of Lots: 94 Allowable Built Upon Area Per Lot*:. 2., 945 .
*If lot sizes are not uniform, attach a table indicating the number of lots, lot 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 be 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/Ut - 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 Rev 3.99 Page 1 of 2

Calculation:
(SA x DF) - RA - OA = BUA
No. Lots Lot
SEE ATTACHED CALCULATIONS
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
N/A a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
�[ b. Deed 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
platting and prior to sale of any lots.
f S3 c. Built upon area calculations are provided for the overall project and all lots.
N/A d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)J
Form SWU-104 Rev 3.99 Page 2 of 2

910 OFF
tg 'wiJ Robert tiegister of Deeds
ruzInst #202551 Book 1915Page 965
//yy (' 1 ,, . • ` 3/25/2009 03;09;53fta Rec# 18 0 N e3 0
RET��d -
Ag,TOTAL ab-m Tc* J D -
REC# CK A
CASH REFf vLi
Prepared by and returned to Stevens,McGhee,Morgan,Lennon & Toll
STATE OF NORTH CAROL 0 F F%9 ^'�
UROFFICM
COUNTY OF BRUNSWI A O&G� I
DECLARATION OF COVEN&US AND RESTRICTIONS
SOUTH HARBOUR GOLF VILLAS
AT GLEN COVE
A TOY=OME DEVELOPMEN
Tphi=i
, made and entered into as of the 9th day of March, 2004,
byuP INT ay��TES, LLC, a North Carolina Limited Liability
Comp � vcioper" and/or "Declarant," and Viable Corp., a North
Carolina Corporation, herer called "Viable," and all prospective purchasers and
owners of real property within the Planned Living Unit Townhome Development
generally known as "South Harbour Golf Villas at Glen Cove" and/or "South Harbour
Golf Villas" (the "Property"). (n�
WITNB
WHEREAS, Developer and Viab s of perty described
in Article II of this Declaration and esire to crea 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 a Moster.Declaration of Covenants,
Conditions and } i tihns for South Harbour Master POA, Inc., to be recorded in the
jp lstry, as amended from time to time (the "Nester Declaration');
�eveloper and Viable 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, desire to subject the real property described in Article II,
together with such additions as may hereafter be made thereto, to additional covenants,
restrictions, easements, charges and liens hereinafter set rth, each and all of which is
and are for the benefit of said property and each owner the d ,rr � [�
1r'
WHEREAS, Developer had deemed it desirable f ��trese �y
the values in said community, to create or have created �e�ncy t�aG+ ould be
delegated and assigned the powers of maintaining and administering the city
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' ; and r,
tt�5, Developer has incorporated or caused to be incorporated under the
o'i' the fitawnafkNorth Carolina, as a nonprofit corporation incorporated under
Ch.. e� General Statutes of North Carolina, South Harbour Golf Villas POA,
Inc. (the "Assoc ?"fit on'), for the purpose of exercising the functions aforesaid;
A -.\oLF V LDF.C3-23-04. wpd
RECEIVED
OCT 2 6 2005
DWQ
IDROJ #

Q roscgpp_ Inst # 202551 Book 1915Page: 466
ON, WOMMM
NOW, THEREFORE, Developer and Viable declare that the real property
described in Article II hereof, is and shall be held, transferred, sold, conveyed and
occupied as a townhome development subject to the covenants, restrictions, easements,
charges and liens (sometimes referred to as "Declaration of Covenants and Restrictions
for Harbour Golf Vil q len Cove" and/or "Declaration') hereinafter set forth,
and the DeQ�ra:��i 'n bve noted.
�ARTICLE I
DEFINITIONS
Section 1. The following words when used in this Declaration or any
Supplemental Declarati (unless the contract shall )?rohibit) shall have the following
meanings:Llgg
n Irh
(a) "Associatior�j �andf '!` Harbour Golf Villas POA, Inc."
(b) "Amenities" shall mean the clubhouse, pool and tennis court to be
constructed as common area and common facilities of South Harbour Master
POA, Inc. for the non-exclusive use and enjoyment of members of the
Association and othW as is hereinafter stated.
0
(c) "Class B Control jeArio" eriod of time during which the
Class B Member oin ' of the Members of the
Board of Directorsssoc �i;;;jed in Section 2, Article 3
(d) "Common Properties" and/or "Common Elements" 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
oyment of the rOwnRs 6 n
(e) tk � foperties; . "Shared Common Amenities; ' and/or "Shared
" and refer to all real and personal property,
including coven r C gh may be owned by a third party by which are, in
consideration of prorated charges, made available to the members of the
Association.
(f) "Developer" and/or "Declarant" shall mean and refer to Point Associates,
LL,� firth Carolina Limited Liability Company.
n n UvV�t" shall mean and refer to any portion of a building situated upon
lJ U v C�1Gyp ,e roperties designed and intended for use and occupancy as a residence by
Cca� fa.-nily, whether as owners or tenants.
(h) "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.
(i) "Master Association" shall mean and refer to South Hapof6w�j
y
Owners Association, Inc., of which South HarboA�
shall be a member and subject to the Deel o dd
Restrictions of the said Master Association.
6) "Member" shall mean and refer to all those Owners who are members of the
Association as provided in Article III, Section 1, hereof.
14A-
(k) "Multifamily Structure" shall mean and re any but i �g two
or more Living Units under one roof exc ing Unit is
situated upon its own individual Lot. Ufm
A:aLFVLDM-23-04.wpd

InA�V,
BIr'I915Page: 467
n UMMMMI
(1) "Owner" shall mean and refer to the Properties buyer, notwithstanding any
applicable theory of the deed of trust, shall not mean or refer to the Trustee or
cestui que trust unless and until there has been a transfer of title pursuant to
foreclosure of any proceeding in lieu of foreclosure.
(Ina)
) a (�i1, 'a tltz; note holder or cestui que trust secured by a
�'i ,�i�e��
UU �u��JJ ���� 90A`4®ffFBr:8e+J9.
(n) "The Act' sTi�l�he North Carolina Planned Community Act (State
Statute 47-F).
(o) "Unit" shall mean a portion of the Properties, whether improved or
unimprov which may be independently owned or conveyed and which is
intended fo elopment, mo,
cy as a residential dwelling by the
record owner, w �sons or entities, of the fee simple title
to any LotrIT
ll (�Fdooni
czcx
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION;
DITIONS THERETO
A
Section 1. Properties, The reaj n i lt~i" ; and shall be held, transferred, sold,
conveyed, and occupied su ara. ionmr0thaDeclaration of Covenants and
Restrictions of South Harbb aster ich property is more particularly
described in Exhibit "A" attached hereto. Viable o . executes this Declaration for the
purposes above stated and as the record owner of certain of the real property described in
Exhibit "A" attached.
Section 2. Additions to Existing Property.
(a) Expansion. Additional !ands may become subject to thi 40
extent such lands are described on Exhibit `B" attached 'tior&
authorized hereunder may be made in one or more phases. Said a
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 to such property by adopting these Covenants and
strictions by r n Such Supplemental Declaration may contain such
co e ed modifications of the Covenants and Restrictions
galr i t s as may be necessary to reflect the difference in
act a ed properties and as such are not inconsistent with
me o 0 the sche0eclaration. 'In no event, however, shall such
Supplemental Declaration revoke, modify or add to the Covenants established
by this Declaration. Any annexation made hereunder must be completed on
or before January 15, 2015. Any such supplemental declarations shall specify
the date upon vQch dues and assessments are payable for Lots annexed
thereby. �� 5�
(b) Mergers, Upon ol' @yam the Association with another
association, its p es, r ations may, by operation of law, be
transferred to another surviving or oo fated 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 _reptrictions established by this
Declaration within the erty to a ovenants and Restrictions
established upon any ot(il{ i e scheme. No such merger or
consolidation, how t any a *=ration, change or addition to the
Covenants establish by this ithin the Property except as
hereinafter provided.
AAGLPV LDEC3.23.04.wpd

2551 Book 1915Page: 468
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. n
o or entity who is a record owner of a fee or
undivided 1r� ~ s subject by covenants of record to assessment
by the As� {a er�o the Association, provided that any such person
or entity who holds su tic rt�Is�pnerely 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 in Secti
the exception of the Developer. Class "A" Members shall be eintitle
Unit in which they hold the interests required for membershie
than one person holds such interest or interests in any Lo ivin
persons shall be Members, and the vote for such Unit shall be exercised as they am
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 Deve r, and, if and where
designated, Viable Corp. The rights of the Class "B" M inclu
approve or withhold approval of actions proposed under this D 1 !} s and
Articles of Incorporation. The Class "B" Member ma oritj� FMW&
members of the Board of Directors of the Association unti such time a" "
membership is terminated. The Class "B" Member shall be entitled to three (3) votes or
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 be 1 rr6ers equals or exceeds seventy-five
percent(75° b r or
(b) January 15, 2020. Q
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 inAvhich it holds the interests required for membership under Section 1.
P"990 Lr'
TY��THE OMMON PROPERTIES
a
Section 1. Members' Easement of Enig=ent. 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 andt lkways and the right t park a motor vehicle in areas specifically
designated fo purpose gbnt shall be appurtenant to and shall pass with
the title to eve J:,
Secti H e 3 - The Developer may relinquish the legal title to
the Common Properties to the Asso tion at any time 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 M1 enefit of all of the rodescribed in the attached exhibits, and other
adjacent propertre ed {�10 1
Section 3. Ire s. The rights and easements of enjoyment
created hereby shall be su lowing:
AAGLFVLrFC3.23.04.wpd 4

VV%g&& Inst # 202551 Book 1915Page: 469
(a) the right o e 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 Sion of such to charge
admission and other fees as a condr t ent by the
members and, if necessary, to op t dj yj n of� properties to a
wider public until the mortgage de Li��{{rss`t on tf'e�"p`�ossession of
such properties shall be returned to the Association 1 rights of the
Members hereunder shall be fully restored;
(b) the right of the Association to take such steps as are reasonably necessary to
protect the above -described pr& erties against foreclosure;
n
(c) the right of the Association, as pro o Incorporation and
A
By-Laws, to suspend the voti mega y period during
sment which any assesremai aid, . d not to exceed thirty
(30) days for any infraction of its published rules an lations;
(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 ab the same plat to include
portions of the ,,i
n
a necessary for said Owner to
qualify under goveen etback lines, open space,
parking or other ad for issuance of a building
permit to be securerebuild a damaged Liv Unit; and
(f) 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
cormh property to sny,,0 ency, authority, or entity for such purposes
and sub E to ur IM ybe agreed to by the Members, provided
�i (itor transfer, determination as to the purposes or as to
the�i3 i ona% t� effective unless an instrument signed by
Members entitled o 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.
The right o
(g)(and obligation if requir a Association to
join and become a member s cisAV&@g& pay dues as
required of such member;. dGU®per
Section 4. Development Easements.
(a) Easement to Facilitate Development. The Developer hereby reserves to itself and its
designees a nonexclusive blanket easement over and throu the Property and
Common Elements for all purposes reasonably related to A%&
gn�
completion and sale of improvements on the Property and �'
including without limitation: (i) temporary slope and construdrainage, erosion control, and storm and sanitary sewer easeright to cut or remove trees, bushes or shrubbery, to regrade the y
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 for the storage (in a sightly manner) of reasonable supplies
of building in;acilitate
and equipment nec y to complete the improvements; and
(iv) easements cons Q Xn and upkeep of improvements (e.g.,
landscaping, stb, on the Properly and Common Elements or
reasonably neco �� e P�Common Elements.
(b) Easement to Sa . 41C �veloper hereby reserves to itself and its
designees the right to: (i) use of the Sou Harbour Master POA Inc. Clubhouse and
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Ins* i 202551 Book 1915t?age: 970
all related facilities and any Units owned by Developer, 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 and directional signs,
temporary , t@ signs, plantings, street lights, entrance features, "theme area'
�t �t� wood or masonrywalls or fences and other related signs and
c�pr¢i,,Rrovided, however, that all signs shall comply with applicable
go��t,,�e,,��uulations and the Developer shall obtain the consent of the Owner of
any Lot upon`iiSh the 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 within the Properties
(c) Easement for Utili 'es and Relged Service a Developer hereby reserves to itself
and its assignees, the D p ad, the right to grant and reserve
easements, rights of w through, upon and under the Property
and the Commo � mgre ' tallation and upkeep of equipment
providing to any ra lion of ommon Elements any utilities including,
without limitation, water, sewer, drainage, as, electricity, telephone and television
service, whether public or private, 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 rel d where initially i 11 with the
permission of the Developer, where contemp, . afft d by the
Developer or where approved by resolution of
�a
ARTICLE
COVENANT FOR ASSESSMENTS
Section 1. Creation of Lien and Personalbl' far Assessment& The Developer,
for each Unit owned within the Properties hereby co ts, and each Unit
within the Properties, by acceptance of a deed for a Lot 3v not it
shall be so expressed in such deed, is deemed to �e South Harbour
Inc.the "Association' and, ifT o aster
Golf Villas ?�A, ( �
a
Association.
a. Regular annual assessments or charges;
b. Special ass ents for capital improvepts and other purposes stated in this
Declaration; O/A
c. Default ass dteina which may be assessed against a
lot pursuant a Ded9 a Articles of Incorporation and Bylaws
of the Association (hereinafter re to as the "Documents'? for Owner's
failure to perform an obligation under the Documents or because the
Association has incurred an expense on behalf of the Owner under the
Documents; and
d. To the appropriate governing t autho
iation a pro rats
share of ad valorem taxes levied d eas; and
? UMPFa=
e. Insurance Assessment as proed in thin' wle mid
f. Working capitol assessment as defined in Section 14 of this Article and/or as
may be defined by the Master Association..
All assessments, t er with fines, into sts, reasonable attorneys' (and
legal assistants') fees, and othe g ���t3 Declaration, shall be a charge
n the land and shall b t Rgf liffin�4pan the lot against which each such
o ��
assessment is made until pi • (lguy�
A
A:\GLFV LDSC3.73.04,wpd

ok 1915Page, 471
Each such assessment, together with fines, interest reasonable attorneys'
(and 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
liable for such obligations. If an assent is payable in '=ereof
, the full amount of
the assessment is a lien from the date on;%h becomes due.
No Owner may except himself, heZ[g@ any assessments by
abandonment of his Unit or by waiv use'en o e Common Properties
and easements.
Section 2. Developer's Obligation for Assessments. So long as the Developer
owns any property which is subject to this Declaration or which may be unilaterally
subjected to this Declaration by the Develoliff, Developer may annually elect either to
pay an amount equal to regular assessments 699 f its unsold ' ' � tt tr to pay the
difference between the amount of assessments levt Hg [!nits subject to
assessment and the amount of actual expen e o ' ng the fiscal
year. Unless the Developer otherwise not a B at least 60 days
before the beginning of each fiscal year, the Developer shall be de hto have elected to
continue paying on the same basis as during the immediately preceding fiscal year. The
Developer'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.
rnnse of Assessment. The assessments levied by the Association
(� �� l used exclusively for the purpose of promoting the health, safety and welfare of
v o the re ttt rthe Properties and in particular for the improvement and maintenance (1)
services and facilities devoted to this purpose and related to the use and
enjoymen f the Common Properties and (2} of the Lots and Living Units situated upon
the Properties. Witheut Limitation, such uses shall include satisfaction of the
Association's obligations regarding the Common Properties to pay: 1) hazard and
liability insurance for the common areas and living units, 2) ad valorem taxes,
governmental assessments for public and private capital i vements made to or
benefit thereof, 4) the repair, replacements and additions thI
labor, equipment, materials, management and supervision� also be
charged of the members to pay such assessments as may b�itlkt r sd
the Master Association. Any such assessments by the Master Associaho the
same legal force and effect, and may be enforced in the same manner, as any assessments
charged by the Association.
'0 4 Determination of Annual Assessments: Notwithstanding any
provision to th trary containe���ould the Association's Board of Directors
determine that the d ''''ttlliie next succeeding assessment period will
exceed the
�f t assessment period by more than ten
percent (100 ,- n, m �q� suc increase in the Annual Assessment shall be
approved by a majority vote of the Comers 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.
,Section 5. Basis for ae Regular asses ments shall be levied
y each
against all Units subject to assessmen ed upon the required
edand shall
Lot or Unit and shall be at a level reasonsobligations
include reserves for future repairs. fff�������U���UAVMXM
Jjglion 6 Special Assessments for Ca i m tents. In addition . 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 of
defraying in whole or in part, the cost of any constructicn, reconstruction, repair or
replacement of a capital imp ment upon the Common �ropertiea including fixtures
and personal property related the rovid J�®`�' assessment shall have the
assent of not less than two -third (� each class of members who are
voting in person or proxy at a t> ed fd�ose.
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oo9gage: 472
SectionSection7, Change in Basis of Assessments The Association may change the
basis of the assessments fixed by Section 5 hereof prospectively 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 Member�ss who are voting in person or by proxy, at a meeting duly
called for this purpose, written�t a of which s p}),� all members at least thirty
(30) days in advance and shallset
oo O g eeting.
Secti. Ouorum f�Y�t - Ac+I Jnder Sections 4. 5. and 6. The
quorum required for any action authorized by Sic- , 4, and 5 of this Article V shall
be as follows:
At the first meeting called, as provided in Sections 3, 4, and 5 of this Article V,
the presence at the me ' g of Members, or of ro .es, entitled to cast sixty percent
(60%) of all the votes o class of b shall constitute a quorum. If the
required quorum is not fo �e 'ng, another meeting may be called,
subject to the notice r fo s 3, 4, and 5, and the required
quorum at any such subsyuent mee� thirds of the required quorum at the
preceding meeting, provided that no such sabsnt meeting 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 Date of ommenc m 1 s en D The
Regular assessments provided for herein shall co b first day of
the month following the conveyance of the i velo er to an Owner.
The first regular assessment, as defined in Aidi� aration, shall
be adjusted according to the number of months remaimng endar year. The
Board of Directors shall fix the amount of the regular assessment against each lot at least
thirty (30) days 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
establi ed by the Board of Directors. The Association shall, upon demand and for a
reasona arge, furnishMecified
signed by an officer of the Association setting
forth wheth s Unit have been paid. A properly executed
certific o ffou
tatus of assessments on a Lot is binding upon the
Associ2H of tlf�fQ Issuance.
Section 10. 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 p od and shall, at that time, prepare a roster of the properties
assessma hereto which shall be kept in the office of the Association
an pection by any Owner.
lf the assessment shall thereupon be sent to every Owner subject
thereto; failure to p e 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 officer of the Associat' setting
forth whether said assessment has been paid. Suc rtifica�eciusive
evidence of payment of any assessment therein stated lJ d
Section 11. Effect f n en ss enfs es of the
Association. Any assessment, or installment thereof, which is not paid wit m thirty (30)
days after its due date, will be delinquent. In the event that an assessment, or installment
thereof, becomes delinquent, or in the event a Default assessment is established in under
Article V, Section 1 C of this Declaration, the Association, in its sole discretion, may take
any or all of the q�(iJ actions:
WW t�o
M ��� arge for each delinquency at uniform rates set by the Board of
O(1g�y rrss Poor time to time;
A.\OLP V LDCC3-23 A4.wpd

Inat: # 20255E IT
b. charge interest from the date of delinquency at the maximum rate allowed by
law;
c. suspend the voting rights of the Owner during any period of delinquency;
0�g a I&fate all remaining assessment installments for the assessment period in
n n G�
% assessments for the remainder of the assessment
��perto w,n so that unpaid ill be due and payable at once;
"ebring an action at law against any Owner personally obligated to paythe
delinquent assessment charges; or
f, file a claim of lien with respect of the Unit and fo Be the lien against the
Unit in the same manner as provided for the foreclosu aOm paj�Z% the statutes of the State of North Carolina. (�� j�
The remedies provided under Declaration will note"�sCm
ents as may
Association may enforce any other remedies to collect delinquent ass
provided by law.
If the assessment is not paid within thirty (30) days after the delinquency date or a
written man is for payment consented to by the Association, the assessment shall
be �e date of delinquency at the rate of eighteen percent (18%) per
ay be charged a $15.00 late fee for monthly assessments not received by
(j (�(� 0 fty°f each month.
lJ fiction 2. Subordination of the ien to Mort¢aaes. The lien of the assessments
provided for herein shall be subordinate to the lien of any first deed of trust now or
ies; -provided, ever, that such subordination shall
hereafter placed upon the propert
to the assessments which have become due and payable prior to a sale or
apply omY osure, a deed off a under
transfer of such property pursuant to a decree of all not
power of sale or any other transfer in lieu of foreclos S . racer become due,
relieve such property from liability for any ass
nor from the lien of any such subsequent assessor (�lNOPPSMU
tS ig o3. Exemu— t— Pr-- °Dertv. The following property subject to this Declaration all
shall be exempted from the assessments, charges and liens created herein;
properties to the extent of any easement or otherpublic
(ball Con. mmon Properties ated and aas
by a local public authority and �devoted to p
defin Article I, S�e� jlh�e�
iabili for Assessmei]&L All successors, except as
proalerei ection 11, Article V, to'the fee simple title of a lot will be
the prior Owner or Owners thereof for any and all unpaid
jointly and severally lia P costs, expenses, and attorney's (and legal
assessments, fines, interest, late charges, successor's right to recover
assistants') fees against such Lot without prejudice to any successor will be
from any prior Owner any amounts paid by such successor. Any
entitlii�
ely o a tten statement of en 1 � assessments ioagrees that id byt will uch successor
h to
r its managing
g
�e from is designate, a written statement setting forth the amount of unpaid
en ed against the lot in which the Owner shall
his designate has an
lJ in mive upon
otion contained in such written statement shall berson orpersonsto
the Association, he Board of Directors, and every owner to the p P
whom such statement is issued and who rely on it in good faith the Assoc ationsuch tement is
signed by an officer of the Association or the managing g
ection 15 Workin it At the time title is cc ed by Developer to
�
ute to the Association as a working
Owner, the Owner shall contrib
the amount of $250.00. Such funds shall be used solely or i
expenses of the Association, such as prepaid t 0°
d insurance, supal essments. Any w
the o working
and facilities, furnishings and equipment, etc. Amounts p
fund are not to be considered as advance payment or regular ass
A..\oLF V-FC]-23.04.wpd

Inst # , 202551 BAg1h
p�.
capital funds remaining at the end of the first Hill operating year shall be transferred
and become part of the general funds of the Association, in the discretion of the Board of
Directors.
ARTICLE VI gg` -l�
RIGHTS OF HOLDERS OF FIRST MORTGAGES Alm;WOC�
IUJ C�IG/
Section 1 • Inspection of Books and Records. First Mortgagee shall the
right, upon request and during normal business hours, to examine the books and records
of the Association.
Section 2. Notice of Default, Upon its written request, th holder of a first
mortgage upon a Lot or Living Unit shall be entitled to written notifican any defau
by the Owner of said Lot or Living Unit in the performance of his obligatio
these covenants or the By -Laws of the Association, if such default I u in umFF=m
thirty (30) days, IIIVJJJ ��uu
Section 3• Payments by First Mortgagee. One or more fir-st 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 pre mi s or secure new h insurance coverage after
policy lapse. The parties makin ex e��e entitled to immediate
reimbursement from the Associationn
Qotho2thav
eoMMCF L
ection 4. Prohibitions, ad written approval from at
least seventy-five percent (75%) of the first Mortgagee ed 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 Lots or
Living Units and Com Property in in a;ual to one hundred
percent (100%) of the current aab
(b) use hazard insurance pn�tls� g or Living Units and
Common Properties for other than the rep , ent or reconstruction of
such improvements.
ARTICLE VII
PARTY W
Section l General Ruales of Law hlo a part of
the original construction of the Living Units iep. p ace on the
dividing line between the Lots shall constitute a party wall, an '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 2. Sharing of Re - A n c easonable repair and
maintenance of a party wall shall be sha 4WLo-make use of the wall in
proportion to such use. UNOMMU
Section 3• Destruction by Fire or Other Casualty: arty wall is destroyed or
damaged 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 portion to such use N0out prejudice, however, to the right of any such
Owners to c pr,
li �actfrom the others under any rule of law regarding
liability flo p_gs or omissions.
Section 4- A eaME�"na. 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
AAGLFVLDEC3-23-04.wpd 10

N Fgggx& Inst # 202551 Book 1415Page: 475
U
�>n
elements shall bear the whole cost of furnishing the necessary protection against such
elements.
Section 5. Right to Contribution Runs With Land. The right of any Owner to
cont n from any of under this Article shall be appurtenant to the land and
shall�pass � ors in title.
I�BBction 61 o ti ' n the event of any dispute arising concerning a party
wall, or under the prove this 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
(ju=Fmc= ARCHITECTURAL REVIEW COMMITTEE
�
cti`t Review by 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 the plans and
specifications showing the nature, kind, sheight, materials, 12'�T
ation of the same
shall have been submitted to and approved ii��timsaid
Pexternal design
and location in relation to surroundingstrµ the Developer so
long as it owns any Lots and thereafter,6 Association, or
by an Architectural Review Committee composedore representatives
appointed by the Board. In the event the Develo, or its designated
committee, fails to approve or disapprove such design arid 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 shal v right to bring an action to enjoin any activity taken in violation
%his
Uri
lJ C�lr7o ,f 4MarMa ARTICLE IX
EXTERIOR MAINTENANCE
Section 1. Exterior Maintenance. In addition to maintenance upon the Common
Properties, the Association shall provide exterior in . tenaNe upon each Lot and Living
Unit which is subject to assessment under Article V hereo ollows: p '
replace and care for roofs, gutters, down -spouts, exterior building ,
walks, grass, driveways and other exterior improvements. ai
shall not include doors, windows, window screens, door an ow >17 s,
roof skylights, glass surfaces or landscaping inside enclosed rear courtyard
Section 2. Special Assessment for Capital Improvements. 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 ® for the purpose of
defraying, in whole or in part, the cost of any construction, rec ction, r
replacement, or exterior maintenance of any Lot or Living Unit, prov'
assessment shall have the assent of two-thirds (2/3) of the votes emlweFFI=
who are voting in person or by proxy at a meeting duly called for s purpos .a�rQ
a
SectionAccess 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 exte f any Living Unit �nable hours on any
day. The Association or its represent4ev
of any living Unit
for emergency purposes only. In the �o rvtng Unitis entered into
for emergency purposes the owner of � ad rmed of entry into
his/her living Unit and the purpose whaccess was r i
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a�. 1
U� �4t Book 1915Page: 476
ARTICL
USE RESTRICTIONS
ae—cafti, LanI a d i All lots shall be used for single-family
residential purpos nl ,o 7�the Developer and/or Viable Corp. shall
retain owner }p M(1i134t th16y f them may utilize any such lot or lots within
said projecttJ��lds or�G ices, models or other usage for the purpose of selling
or leasing lots. The DevelopW% sign this limited commercial usage right to any
other person or entitles as it may choose; provided, however, that when all Lots have
been sold, this right of commercial usage by 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 r on any lot shall be supject to the
provisions of Article VIE of this Declaration o ts, Con "�'pqer� n strictions
relating to architectural control. r�l� I I i(�aS
0.2L� itv__..ction 2 ' anc No noxious ordfl''6� a U'MWFcarried on upon
any lot, nor shall anything be done thereon which may be or may bee an annoyance
or nuisance to the neighborhood.
Section 3. Junk Vehicles. No inoperable vehicles or vehicle without current
registration and insurance will be permitted a premises. The A 'a 'n shall have
the right to have all such vehicles towed away at wner'sss ��P
Section 4. Outside Furniture. Nof a lerlftMMURhe common
areas. No furniture shall be permitted on thent porch o nit except porch
furniture and plants. Porch furniture shall be permitted in the courtyard of each living
Unit.
Section 5. For Sale Sigo Prohibited No "For 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 d ee may place "For �S$1,3 or "Directional
Signs" for as long as Developer shall retain o MM ip f�
Section 6. Temporary Structures. ( Ebuilding
� lr 'haracter, trailer
rn
basement, tent, shack, garage, baor other s i =n any lot any time
as a residence whether temporarily or permanently.
Section 7. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or
mob' a homes,• or similar type vehicle, shall be permitted. to remain on any lot or in
parks paces, at time �17V§ &by consent of the Association.
t m� I, �' als, livestock cr poultry of any kind shall be kept or
mai on }}� any eellling except that dogs, cats or other household pets
may be kept or maintaind"Vown
of Lots or )riving 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 times properly leashed and personally escorted. If any
pet shall be determined by the Board of Directors to be a nuisance, the Board shall have
full authority to have such pet permanently expelled from th perties.
Section 9. Outside Antennas. No outside radio or tele
satellite dishes measuring one meter or less shall be erected p a lir
Unit within the Properties unless permission for the same his {teen ed t&ard
of Directors of the Association or its architectural control committee.
Section 10. Window Coverin&L All drapes, curtains or other similar materials
hung at window, or in any manner so as to be visible from the outside of any building
erected upon any 1 tt11 be of a white or neutral background or material, unless the
and of Dair�� . another cnlnr.
U q"RiE for Lights. All light bulbs or other lights installed in any fixture
�r an any building or any lot shall be clear, white or non -frost lights
located INN
or bulbs.
AAGLFVLDEC3-13-04.wpd 12

/�
o
C ?#S&9_'1 Book 1915Page. 977
ecti n 1 . 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 thirty (30) consecutive calendar days. The Board of
Directors may require Owners who lease their Lots to insert provisions in the lease,
which would require the t to abide by t ahon Documents and allow
enforcement of the Association ouenyC �t the tenant as well as the
Owner.
UsW
Section 13. Trash Rece taclos. 4ftU4 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 day.
ICL,EXI�� n
Point Associates, L.L.C. may construct a c bhou ool and/or tennis courts,
which, if constructed, shall be common amenities to members of the South Harbour
Master POA, Inc. and their respective members in good standing. It is understood and
agreed that the Amenities above described are not for the exclusive use of the owners
within South Harbour elf Villas but that all u a paying owners (in good standing
within their respective iationer development areas established
throughout the master dev sy South Harbour Village", including, by
way of illustration an Westth Harbour Village, Glen Cove at
South Harbour Village; Village owes at South Harbour Village
Westport, and Bames Bluff, have the right to use uch Amenities, at
The Association may 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 comma ures typically instt4,,, th�
exterior of a Living Unit, or on Common Properties. The o OW
m l
fully with all such standards adopted by the As wners shall
comply with all standards reasonably established b th �eva��a
ARTICLE XII
RULES, SEVERABILrN, AMENDMENTS
Section 1. Rules. The Board of Directors shall haverthority to ado for the use of the Common Properties, exterior portion of the Lots
the conduct of members, their guest, invitees, tenants, and �pme-2.
furnish a written copy of said rules to the Owners. Any vio a e
punishable by fine and/or suspension of the voting rights of the violating Owners.
Section 2. Severability. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in nowise affect any other provisions, which shall
remain in full force and e • ct.
ea
Section 3. Lots ct (� i .All present and future Owners,
tenants, and occupants o it guestsovirg ihtes, shall be subject to, and shall
comply with the provisi of this amended from time to time. The
acceptance of a deed of conveyance or the ent 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 thdugh such provisions were 20e
a part of each and every deed of conveyance or lease, for as of ten t
the date hereof, after which time they shall be automaticccessrve
periods of ten (10) years, unless by vote of Owners of no a "' rdsMMRR
Lots this Declaration has been amended to provide otherwise.
A:%GLFVLDEC3.2344.wpd 13

Inst ! 202551 Book 19
oMg
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. I o event mayForF
eclarati be amended so as to
deprive the Developer of any rights h ted eveloper, unless the
Developer consents to such amendment in ' '.•
n � 0 aas�w�ua
Section 6. Amendment by thtK`Delovei� er may amend any part or
all of this Declaration without the consent of any other e , 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 Rie I& evelo y or all
of its rights, privileges, and powers under this D �4) more entities,
including, but not limited to, the Association. �he
and powers under this Declaration, unless otherwise assign,s benefit of
its successors by merger, or a transferee of all or substantially all of the assets of the
Developer."
ARTICLE XIII n (n�
GENERAL PROVISIONS O l�
Section 1. General Enforcement. The Developer, the Associauw
and, where applicable, the State of North Carolina, shall have the right to enforce, by lni r Q
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. 1411.
Cg n If IJ
Section 2. Enforcement Of StoTmwater Runoff R 3 �v (�
forth herein are intended to ensure the ongoing comp a with ' State
Stormwater Management Permits as issued by the Division of Water Quamder
NCAC 2H1000. 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
note ormwater management a it(s). These covenants shall run with the land and be
binding all pers n O,s claiming under them. The Built Upon Area for each
Lot shall b� square feet as has been established by the said State,
unle a tote Carolina ahall revise its stormwater runoff regulations
to peM[it a grea iti�ea for such Lot or Lots. For purposes of this section,
the allowable "Built Upon "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 wat face of a swimmrn Any Owner may, in accordance with
applicable government olio other Owner any Built Upon Area
which is not being uti '. ll jh �ner, without the approval of any Owner(s) not
involved in such tra�h,�el�sociation.
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 Mara ement (CAMA) may have the
built -upon area reduced to LAMA jurisdiction within thAlteration of wale
as shown on the approved plan shall not take place without co e
of North Carolina. Furthermore, all drainage easementsi n' f which
is located on any portion of any lot within the subdivis Illy _ ro cc ed,
and maintained by the owner of said lot. Further, the filling in or pipinggoo tative
A:%GLrVLD11C3.23-04.wpd 14

�r�-�.�j p&
UAVFPZCML
nn nn r\j1 �Ih8t' € 02551 Book 1915Bage: 479
lJ �VV 2/J!114� 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.
lzzlai-4)ect to any curb and gutter located within the subdivision, the following
U� '� ttrestrictions shall apply:
u�J C� UPJOFF
a®ft6i�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 y curb outlet system, each, designated curb outlet Swale
shown on the approv tp must begrdngitudinal
a minimum of 100 feet long
with a 5:1 (H:V) side slop slope no steeper than
5%, carry the flow frR rpsive manner, and maintain a
dense vegetated covei;"� 0, IQ*
Section 3. 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 the lastd6nown address of the pers n�}vho appears as a
Member or Owner on the records of the Asso ' n at thy��t{tp i ii►s'ling,
Section 4. Roads and Streets s subject to this
Declaration are common property and all be d fivate and shall be
maintained by the Association until such time as the South Harbour aster POA, Inc. is
created and takes responsibility of the roads and streets as required by their Declaration
of Covenants and Restrictions. Furthermore, Developer for itself, its designees or assigns
shall have a right of ingress and egress over and across all of such roads and streets for
purpos f accessing any p described on Annex A, Annex B or adjoining
properties b � ti successors and assigns. The Association shall
maintain gets in ood condition, readily available for normal use at
all time n roads and streets are maintained by the South
Harbour Master Assoet t ,(1j
Section 5. 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 p king should be jointly available for the owner of all Lots
and their guest, subject to reaso rules and r t#grt gonted from time to time by
the Board of Directors. � �I /rJ�
nn n(j j, 0 . �_ �aCM
Section.Insurance,
lJ
6.1 Authority to Purchase
1.1 The Executive Board shall (a) purchase, and thereafter maintain insurance
policies relating tot ommon Elements, Lots improvements thereon,
(excluding additions an tterments� t e Owners), and other
matters more particularl S tole, (b) adjust all claims
arising under such _ c) excapWaUg32deliver releases upon
payment of claims. e cost policies purchased by the
Board shall be Common Expense. The Exec ve 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
comp e , or if such covers a so available only at an unreasonable
cost. Ex a an q ' i Nt+e losses under such policies shall be
vest din i rtSM
�und/or its authorized representative. The
6fify the membersof material adverse
changesm, orance coverages obtained on behalf of the
Association.
AAGLFVLDEC3.23.04.wpd 15

O nma# FF 202551 Book 1915Page: 480
00 �C�� 90R�9rB�ff�A
1.2 Reputable companies liccns290rZqCu9Wed to do business in North Carolina
shall write all policies of insurance.
1.3 The deductible (if any) on any insurance policies purchased by the
Executive Board shall be a Common Expense except as set forth herein;
a provid I(however, that the Association may assess any deductible amount
e st� by the act, misuse or neglect of an Owner, or such Owner's
r^�•I (� ��>>I�'�., or such Owner's (or tenant's) household, guests, agents or invitees
UU\J (dWffWNUh Owner.
6.2. Phvsi al Damaee Insurance.
1.1 The Executive Board shall obtain and maintain a blanket, "all-risk"
form policy of fire insurance with extended coverage, vandalism,
us mischief, cost of demolition, debris removal, and water
������� as endorsements, insuring (a) any improvements located on
„ n(j the Common Elements covering the interests of the Association
u �UVV (1/Y improvements located on any Lot including, without
tation, any floor covering, fixtures, appliances, cabinets and
other installations constituting a part of the original improvements
in their completed form 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
( Z=}�' cost of any improvements located on the Common
ss and the Lots (exclusive of the land, excavations,
and other items normally excluded from such
t)erage, without deduction for depreciation (such amount to be
ined 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 A cr:tion.
�a SP 0 ��LL,,
6.3 Other
lr NUNOFFMM
-tut
Board shall obtain and maintain adequate
fidelity coverage to pro -t:t 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 has delegated some or all of the
respoNbe�c
handling Upmanaging agent, such managing agent
shall tond. Such fidelity bonds (except for
fidelimana ing agent for its own personnel) shall;
(i) nn gee, and (ii) contain waivers of any
defense based upon usion of Persons who serve without
compensation from any definition of "employee" or similar expression;
2. 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 mmon Element n
3. if tkbCfoYl y of the Mortgagees or
governmental re on ur � ordance with the applicable
regulations for s overaof�
4. workers' compensa surance, if and to the extent
necessary, to meet the requirements of law (including a voluntary
employees endorsement and an "all states" endorsement);
5. to the extent coverage can be obtained at a reasonable cost,
direc and officers liability ins ce in an amount not less than One
Million ol100 D 1 �0.00); and
e ance as the Executive Board may determine
as m0 rorn Ir e by a Majority Vote of the members.
Section 7. Reconstruction and I 0 x.
A:NGLFVIAEC3.23-04.wp4 16

Book 1915Page: 481
7.1 When Reconstruction or Repair
1. Common Elements. Except as otherwise provided in
S ction 10.4 hereof, if all or any part of any improvement located on the
� [ emmon Elements is damaged or destroyed by fire or other casualty, the
0 U " Executive Board shall arrange for and supervise the prompt repair,
Vhft UMDFFacement and reconstruction thereof. The Association shall not use the
'Wl 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.
2, Lots/IM3rovements. If the residenti ding located ���
upon a Lot is damaged or destroyed, the Association sha
reconstruct the site and the residential building et�¢¢��((� n r
reconstructing such building or other major improvdttidrtitZir (ii/ gsL`�a
away the debris and restoring the site to an acceptable condition com�pati s1Ll
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.
7.2 Procedure for Reconstruction d air P r M o
9p `�
1. Cost Estimates. Immediately aY%°r a fire
causing damage to any portion of the Property, the Executive Bo s 1
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 Boartermines to be necessary,nn
2. Plans a An i;truction or
repair shall be substantially in accord construction of
any improvement located on th ect t�6Ilifications
required by changes in applicab govemm ,and using
contemporary building materials and technology to the tent feasible;
provided, however, that other action may be taken if approved in
accordance with Section 10.4 hereof.
7.3 Disburse i n n
1. nc 'on F The proceeds of
insurance collected on accoun a eivcd by the
Executive Board from the collection of asses inst the Owners
shall constitute a construction fund, which shall be disbursed in payment of
the costs of reconstruction and repair in the following manner.
2. Shortfalls. If the proceeds of insurance are not sufficient to
defray such estimated cos ,; of repair, or if upon completion of
reconstruction and repair the for the paymet sts thereof are
insufficient, the amount necess c vnstruction and
repair may be obtained from t e cement funds
or shall be deemed a Comm ense� ssment therefore shall
be levied subject to other sections hereof..
3, 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 6 contributions or
the refund of excess payments by any Owner, there re any sup
fund, such fund shall be paid to the Association and shall be p {u�
appropriate reserve account. (� �u��"� asa�ffo-u,u�
4. When Reconstruction and RMair of Gn, ;fon Elen{
Required. If destruction of the improvements located on the Common cqft
AAGLFVLDEC3-23-04.wpd 17

Inst It 202551
0 IIJj� dew
0
Elements is insubstantial, the Executive 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 and shall remove all r ants of the damaged
improvements and res the site acceptable condition
compatible with the renrai n Elements and the balance
of any insurance pr on a�tuch damage shall be
placed in the approp resery
5. lteoair of Lot Improve n Except for damage to the
improvements constructed on the Lots, which is covered by insurance
maintained by the Association, each Owner shall be obligated to pay the
cost of upkeep necessitated by loss or damage to the improvements on
hi Ot unless: (i) the loss or damage is caused by failure of the �on to upkeep any portion of the improvements on his Lot for
�n O� ich the Association is obligated to provide upkeep after notice by the
�J\J o��G UPOWRM the Association of the need for upkeep, or (ii) the Association
rms faulty upkeep to an area or portion of the improvements on the
wner'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 through the insurance maintained
by the Association by reason of deductibles applrc gto such pol�y�g���
policies. nn ��MM� A
Section A. Golf NIffily. Any Owner by accepting attd d e
acknowledges and agrees that the Developer intends to and does hereby subject`
subject property conveyed hereby to further restrictions relating to the overall
development of South Harbour Golf Villas at Glen Cove, including, but not limited to,
restrictions relating to the potential development of a golf course upon lands adjacent to
the subject lands conveyed hereby, The said Own acknowledges and agrees t the
Developer anticipates that one or more Golf Facili' be cons and
maintained in or contiguous to portions of the lands cone e y owned
facilities and not as part of any Common Property. s tatetrot be
construed as imposing on the Developer an obli or P y o construct,
operate or maintain any Golf Facility or to have any Golf Facility constru operated
or maintained. However, with respect to any and all Golf Facilities, and in consideration
of the construction, operation and maintenance of same, the provisions of this Article
shall apply to lands described herein. The easements established in this Article shall
exist and continue with respect 4qeach Golf Facility as io
Facility. rt is operated as a Golf
� ��
1. Existence of a Golf iIdper hereby informs all Owners,
their family members, and guest 'st certalg or risks associated with
the existence of a Golf Facility the o of the adjacent property, the
surrounding property and other portions of the properties, eluding 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 this Deed reserves easements for golfers to go onto portions of the lands
conveyed hereby to look for and retrie olf balls which, due t golf shots, have
come to rest outside of the boundaries of f F e , by acceptance of
this deed, specifically acknowledges the i� ance of the foregoing risks,
easements and interference with the usi rein described that
the Owner's family members, agents, contracto lessees and contract
purchasers, which risks and interference arise out of and are associated with the usual and
normal operation, use and maintenance of a Golf Facility.
2. Use of Golf Facility Interference. The party of the second part shall
have no right, solely by virtue of such ownership or by payment o assessments to any
homeowner's association, whether or not their lands adjoins a bury of a Golf
Facility, or access to or across, entry onto, membership in, or other use o
any Golf Facility that is not part of any recorded plat or Common} s a
Golf Facility in or contiguous to land conveyed hereby may or ma exQl4t�v�a
the other lot owners within the development. There shall be no activities conducte o
A:%GLFVLDEC3.23-04—pd 18

Tn1 � .202551 Book 1915Page; 483
any portions of the lands conveyed hereby that unreason 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 tractions on any po ' o land conveyed hereby located
within a distance of ten (10) feet anif Facility.
3. se oe�art of a Golf Facility by any person in
accordance with the reasons ati6 fMhed by the owner of the Golf
Facility, including use of a olf Facility o ents or social events shall not
constitute a nuisance.
4. Easements For Golf Facility.
a.a. All portions of lands conveyed hereby located wi rn 500 yards of a boundary of
the golf course portion of a Golf Facility are subj erpetual, nc
easements for (i) golf balls that come upon or fly over such p t
result of errant golfs shot struck by golfers using a Go c fn
resulting from any golf shot or other action by a golfe�� t t is to
cause the golf ball to go on or over such lands) and (ii) golfers, at reasonband
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 ri t to enter any dwelling, bui ing or other structure
on any portion of the lands cone ereby to�rUuetiidqXQ§%VMLGolf
Nlls or for any other
purpose. Further provided, nothing heror to strike a golf ball
from or any portion of land coy�}} Facility. The
reasonable exercise of these easemb y anym they are reserved shall
not constitute a trespass to any portion of lan1ac!nv61!yyyAreby 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.
Theme gurrounding property immediately adjacent to a boundary
of S�leby burdened with perpetual, nonexclusive easements in favor
acili b the reasonable over spray of water from the irrigation
system seFacility and (ii) the reasonable incursion of Golf Facility
maintenance equipment d personnel, in order to maintain the boundary areas of a
Golf Facility.
a.c. The owners and management of each Golf Facility, their agents, successors and
assigns, shall. at all reasonable times have a perpetual, non-exclusive easement of
access and use over those lands conveyed hereby as a reasonably nee S
the maintenance of that Golf Facility, including use during G
and the right to retrieve golf balls from bodies of water 1�l�j{ ro ,,e,�r�ty+
lying reasonably within range of golf balls hit from tdJG'o IR4`l�i;a
following each exercise of any such easement, the owner of any Go ho
exercises the easement promptly shall restore any designated Common Property to the
condition it was in prior to the exercise of the easement.
1.1 Limitation of Liability. Neither the Developer, any Builder, any
Homeowner's Association, nor any of the members, managers,
areholders, o a tors, employees, agents, contractors, affiliates,
s� o ,successors, or assigns of the Developer, Builder,
n (� s c r responsible or liable in any way to the party of
U secBgRG(p an Owner or to any other person for any claims, causes
or action, dam�ag�erson or property, judgments, liens, losses, uries,
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 the second part's (or any Owner's) use and enjoyment of any
Common Propertr any portion of the lands onveyed hereby by anyone
using the Golf Facile i) impror�tperation or use of the golf
course or any other po y; (irl) the level of skill of any
golfer; (iv) trespaS er on aru�vr of the properties; (v) golf
balls (regardless o e numb a or occurrences) hit or thrown
over or onto any portion of said Ian ) golf equipment; (vii) Golf
AAGLFVLDLtC]-2]-04.wpd 19

Inst li 262551 Book 1915Page: 484
� Rfl4w'P9tC160B.
FacilityFR&tenance 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 limitatide not applicabl n
any of the named persons with respect to their acts or 4 io W
members or guests using the Golf Facility, or as o ffauoa�s
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, !n foregoing capacities, shall be liable for any damage or injury
fires g-�n9olf balls hit by their parties, retrieval or errant golf balls by third
�l M �3able over spray of water from that Golf Facility. Provided,
9 o Abregoing liability limitations are not applicable to any of the name
persons w Q t to their acts or omissions as golfers, members or guests using the
Golf Facility.
However, it is expressly understood that nothing herein expressly stated, or
otherwise implied, shall require the Development QWer or the Developer, or eier of
them, or their successors and assigns, to own, provi , erate, an olf
course or facility as above is described or otherwis wner and
Developer expressly reserve the right to close the art o>se seef the
said Golf facility and property and, further, D opment eveloper
reserve the right to develop all or any portion of the golf course propert for such
purposes as Developer, in its sole discretion shall deem appropriate.
WITNESS WHEREOF, POINT ASSOCIATES, LLC has caused this instrument to
be duly executed by its authorize ember -Managers, an �\(i�ple Corp. has caused
this instrument to be duly executed as on i. �pDirectors, as of the
day and year first above written.
Mb.. POINT ASSOCIATES, LLC, Developer -Declarant
VIABLE CORP.,
m
A:�GLrVLDEC3-23-04.wpd 20
Ct`
UUN�F IC
ICIpL
Clq�

r L P
�1JI�I'� WCt 202551 Hook 1915Pa4 e: 485
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State
aforesaid, ctf• ti£y that Jar hoataeon_ personally 'came
before me th ay 'edged that she is the
Assistant Seci
ngton Holding Corp., a North
Carolina co �whi+MMa� iporation is a Member -
Manager of INT LLC. 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 Assis Secretary, on behalf of and as the act and
(�� O bMILid POINT ASSOCIATES, LLC.
fWMS my hand and official stamp or seal, this
f A A9CA 2004.
Notary Public /Q
My commission expires: pa
.!
'iijys
STATE OF NORTH
i)
%15
CAROLINA1y�E
unuuWy
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State
aforesaid, certify .th t Alton Y. Lannon personally came
before me this day acknowl 71tn�at he is the
Assistant Secretary of c ��IILL North Carolina
corporation, and that ty �jjven and as the
act of the corporat this oing instrument was
signed in its name by its Pres � sealed with its
corporate seal and attested by himself as its Assistant
Secretary, all as was duly authorized by its Board of
Directors.'
WITNESS my, h d and
may of
Co
expires: Iz
AYL2004A: GLFV LDEC3-23-04
official stamp or seal, this
2004.
STATE OF NORTH CAROLINA
COUNTY. OF BRtJNS WICK �nl
The Foregoing (.O.fannexed) Certificate(s) of l�rpfQ 1 Cu L . E2Zeti
Notary(ies) Public is (are) Certified to be Correct.
This Instrument -was filed for Registration on this W. Day of
in the Book and'page.shown on the First Page hereof.
AA0LFVLDEC3-23-04.wpd 21

4'� z
rug
" b nx�102551 Book 1915Pa ge: 986
Exhibit Ili
TO THE DECLARATION OF COVENANTS AND RESTRICTIONS
SOUTH HARBOUR GOLF VILLA GLEN COVE nn
A TOWNHOME DEVELOP 0 [Prggg&L'
0 [7 �aq
ftcft
ALL OF LOTS 1, 2, 3, 4; 5, 6, 7, 8, 9,10,11, and 12, inclusive, and
LOTS 55, 56, 7, and 58, inclusive, of SOUTH HARBOUR GOLF VILLAS at
GLEN COVE a same a ong with other Lots, on those maps
or plats entitled �� routh Harbour Golf Villas at Glen Cove",
said maps hav jdrwin D. Cribb, North Carolina
Professional Land Surveyo , ps being dated March 24, 2004, and
having been recorded in Map Book 29, at Pages 505 and 506, of the
Brunswick County, North Carolina, Registry, reference to which plats or
maps is hereby made for a more particular description. The said Lots 1, 2,
3, 4, 5, 6, 7, 8, 9,10,11, and 12, inclusive, and Lo 56, 57, and 5
inclusive, are all shown on the above noted plat recor g ° at
Page 505, of the said Registry. n n M ,
ayl2004A:SHGVDECExA
F CI Lp
NOF�Iclu 1
• I CI
Nei FFICI�L
�`�..• FFI�IAL
Np. �-FrcIAL

n [�
Inst pftsi 1915Page: 487
Exhibit `
TO THE DECLARATION OF COVENANTS AND RESTRICTIONS
SOUTHT OUR GOLF VILLAS AT GLEN COVE
��nr ^0 T_ NHOME DEVELOPMENT
lJ N] an umrau+u�
ALL of those Lots in that Town Home Development known as
"SOUTH HARBOUR GOLF VILLAS at GLEN ", as the
shown on that map or plat entitled "Map of Revision
Golf Villas at Glen Cove", said neap having been . heYffiff=L
D. Cribb, North Carolina Professional Land Surveyor, said ma
dated March 24, 2004, and having been recorded in Map Book 29, at
Page 506, of the Brunswick County, North Carolina, Registry, reference
to which plat or map is hereby made for a more particular description.
Included in the above description a 11 of Lots �ii�h 32,
inclusive, and Lots 33 through 54, inclusive ur Golf
Villas at Glen Cove, as are shown on s2M �aea��o-u+cn�a
AYL2004A:SHGVDECExB
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�.. � • F�ICipl.

S2e11yYer_
Of Deeds
irk G�unty - 351 �
F3r:uc�� Robit�ot�oSc 19_
c. e
895
Rol�xt -
#2p'1�62 23:1��n Rc=r l
Iris 004 03:
U4/30/ 7-
RECEIVED
Prepared by and Returned to:
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP OCT 2 6 2005
STATE OF NORTH CAROLINA DWQ
COUNTY OF BRUNSWICK pROJ #
FIRST SUPPLEMENT TO THE DECLARATION OF COVENANTS AND
RESTRICTIONS FOR SOUTH HARBOUR GOLF VILLAS AT GLEN COVE
WHEREAS, POINT ASSOCIATES, LLC (hereinafter referred to as "Developer" and/or
"Declarant"), and others, have heretofore executed and caused to be recorded in the Office of the
Register of Deeds of Brunswick County, North Carolina, in Book 1915, at Page 465, a
Declaration of Covenants and Restrictions for South Harbour Golf Villas at Glen Cove, a
Townhome Development, (hereinafter the "Declaration"); and,
WHEREAS, in accordance with Article II, Section 2, of the Declaration, the Developer
expressly reserved the right to add certain additional real estate to the said townhome
development and to make said additional lands subject to the Declaration; and,
WHEREAS, Developer desires to supplement the said Declaration and expand the said
development by the addition of a portion of the real property described in Exhibit "B" of the said
Declaration and to subject said property to the Declaration;
NOW, THEREFORE, the Developer, in accordance with the provisions of the
Declaration, does 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 known as "South Harbour Golf Villas at Glen Cove, a
Townhomc Development", 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, 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.
G
RETL-. Z - S Oot r h
TOTA REV,r.,,.TC#_
REC#_.._CKAMT a`.CK#a o
CASH.,,,__ REF`BY

Inst # 207762 Book 1935Page: 886
IN WITNESS WHEREOF, POINT ASSOCIATES, LLC has caused this document to be
executed in its naive by its duly authorized Member -Managers , this the Q �' day of
POINT SA MCIATES, LLC
WILMI O HOLDING CORP., Member -Manager
ice -President
VIABLE CORP., Member -Manager
q
President
dA
.. --- -- • R
I, a Notary Public of �)," I �aA1W, 0L-1 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 he 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.
%Wt11 SS my hand and notarial stamp or seal, this Ir day;of,,2 4.
, 2 00.
d 1 Notary Public
Tres:
CAROLINA
►, HANOVERP
'�'•f'� PlY1�d{ +' Nd Public of
County,
certi 'y'tkl 'f' DWIN L. BURNETT, III personallyy appeared before n ethis
s day and r cknowled ed
that he is the President of Viable Corp., a North Carolina Corporation, which he also g
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, an
deed and act of the said POINT ASSOCIATES, LLC.
WITNESS my hand and notarial stamp or seal, this day of
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICIC
The Foregoing (or annexed) Certificate(s) of
No ry ublik
YVONNE R SNEEDEN,JERRY Y THOMASON
o
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 30t:h Day of April 2004
in the Book and page shown on the First Page hereof, r
RO E J. RO I SON, Register of Deeds

Inst # 207762 Book 1935Page: 887
EXHIBIT "A" TO THE
FIRST SUPPLEMENT TO THE DECLARATION OF COVENANTS
AND RESTRICTIONS FOR SOUTH HARBOUR GOLF VILLAS AT
GLEN COVE
All of those Lots in that Town Home Development known as "SOUTH
HARBOUR GOLF VILLAS" as .the same are shown on that map or plat
entitled "Map of Revision South Harbour Golf Villas at Glen Cove," said map
having been prepared by Sherwin D Cribb, North Caroilna Professional Land
Surveyor, said map being dated March 24, 2004, and having been recorded in
Map Book 29 at Pages 505 and 506 of the Brunswick County, North Carolina,
Registry, reference to which plat or map is hereby made for a more particular
description.
deedVIISHGI~ irst. Sup

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Brunswick County —Register of Deeds
Robert J. Robinson
Inst #190515 Book 1872Page 1427
1.2/3.7/2003 04 : ] 5:32rin Rpr-A ! 13�-00
RET
TOTAL REV --TC#
REC#
CK AMT � CK139
CASH ---- Rfr.I BY
FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS OF GLEN COVE AT SOUTH HARBOUR VILLAGE
This First Amendment to the Declaration of Covenants,
Conditions, and Restrictions of GLEN COVE AT SOUTH HARBOUR
VILLAGE, made the _= day of �l'�tj6-� , 2003, by POINT
ASSOCIATES, L.L.C., a North Carolina Limited Liability Company,
hereinafter referred to as "Developer"; and GLEN COVE HOA, INC.,
hereinafter referred as the "Association";
W I T N E S S E T H
a
WHEREAS, Developer is the original owner of a certain
subdivision of real property in Brunswick County, North Carolina,
known as GLEN COVE AT SOUTH HARBOUR VILLAGE; and
WHEREAS, Developer did, on October 14, 2002, cause a
certain "DECLARATION OF COVENANTS,.CONDITIONS, AND RESTRICTIONS
GLEN COVE .AT SOUTH HARBOUR VILLAGE" (hereinafter the
"Declaration")to be recorded in the Office the Brunswick County
Register of Deeds in Book 1644 at Page 87; and
WHEREAS, there are now a total of NINETY (90) Lots within
the said subdivision known as GLEN COVE AT SOUTH HARBOUR VILLAGE;
and
WHEREAS, the Developer is the record owner of more than
three fourths of the total number of lots within the said
subdivision known as GLEN COVE AT SOUTH HARBOUR VILLAGE; and
WHEREAS, GLEN COVE HOA, INC., is the nonprofit association
which has been formed to manage the association of the homeowners
within said subdivision; and
WHEREAS, Developer has 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 thb Lot'and/or Unit Owners
within GLEN COVE AT SOUTH HARBOUR VILLAGE subdivision, and the
Developer, do hereby declare that the ; DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS GLEN COVE AT SOUTH HARBOUR VILLAGE,
recorded in Book 1644 at Page 87 of the Brunswick County Registry
are, pursuant to and as provided by the terms of said
Declaration, amended as follows:
Return to Stevens,McGhee, 1
Morgan,Lennon & Toll

Inst # 190515 Book 1872Page: 1428
l
ARTICLE VII, "ASSESSMENTS" is deleted in its
entirety and the following is substituted in lieu
thereof:
"ARTICLE VII
ASSESSMENTS
Section 29. 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 30. 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,
when a reasonable basis for such action exists, differentiate in
the amount of Assessments to be charged to each lot.
Section 31. Annual Assessments and Working Capital
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

A
;,Inst U 190515 Book 1872Page: 1429
the first Lot to an Owner and writ,-pn,_" ot-ice :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.
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.
Suction 32. 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 33. 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
3

r
Inst # 190515 Book 1872Page: 1430
the first meeting. No such second -6i.etl-ng "shall be held more
than sixty (60) days following the first meeting.
Section 34. 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 35. 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 36. 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 37. Subordination Of The Lien To Mortgage and
Action by Master Association. 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.
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."
4

Jnst;# 190515 Hook'1872Page: 1431
ARTICLE XI, "GENERAL PROVISIONS" -and specifically
Section 67. thereof ("Amendment*of Declaration-), shall
be amended by deleting the said Section 67. in its
entirety and substituting in lieu thereof the
following:
"ARTICLE XI
GENERAL PROVISIONS
Section 67. Amendment of Declaration. Except as may be
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 or
Units within the subdivision. 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."
The following shall be added to the Declaration as
an additional ARTICLE XII:
"ARTICLE XII
GOLF FACILITY
'Section 70. Golf Facility. Developer intends to subject the
real property within the subdivision to further restrictions
relating to the overall development'.of the subdivision,
including, but riot limited to, restrictions relating to the
potential development of a golf course upon lands which are or
may be adjacent to the Properties. All lot or unit 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 71. 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
E

a
Inst:#190515 Hook 1872Page: 1432
of the boundaries of a. Golf Facility.- Air 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 out of and are
associated with the usual and normal operation, use and
maintenance of a Golf Facility.
Section 72. 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 that is not part of the recorded
Common Property. 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
(1.0) feet from any boundary of such Golf Facility.
Seation 73. 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 74. 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 k
errant golf shots.
•.B. The portion of any surrounding property immediately
adjacent to a boundary of a golf Facility is hereby burdened
11

' I
Inst�', #-:190515 _ Hooke 1872Page: 1433
with perpetual, nonexclusive easeme�11 s`' 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.
C. The owners and management of the Golf 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. 75. 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 guestsk
using the Golf Facility."
7

Inst #.190515 Book 1872Page: 1434
Except as is amended hereby 0 the...Declaration of
Covenants, Conditions, and Restrictions GLEN COVE AT
SOUTH HARBOUR VILLAGE Subdivision recorded in Book 1644
at Page 87 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 GLEN COVE AT
SOUTH HARBOUR VILLAGE Subdivision to be executed in its name by
its duly authorized Member -Managers, and GLEN COVE HOA, INC.,
through its duly authorized officers, has likewise executed this
document as the act and deed of the said GLEN COVE HOA, INC.,
all as of the day and year first above written.
POINT ASSOCIATES; L.L.C.,
By: Wilmington Holding Corp.
Member -Manager
By:
(!r resident
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sista t r,Secretary
(QQftFMR&4U SEAL)
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As stant Secretary
( O PORATE SEAL)
ATTEST:
By: VIABLE CORP., Member -Manager
By: A2A
President
GLEN COVE HOA, INC.
B Y
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Vice President
A sis_ nt Secretary
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Go�I.•....N•oN� rc.
C'0FIPOr".';' .�

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER Inst # 1.90515 Hook 1872Page: 1435
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 haAd and official stamp or seal, this day
O 2003.
01
Notary Public Yv0`!/7� 7,; eekjA)
f,'•. ion expires:
M-A'' a-`X)F 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 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.
ITNESS nly hand and official stamp or seal, this ZZ day
of 2003.
..R.. y .
•Cz; q Notary Public yU4V?4e.. R.
-1 r■
ukl_ on expires: ���/�"d��o
9

I
r
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER last # 190515 Book 1872Page: 1436
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 Secretaryof
GLEN COVE 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 GLEN COVE HOA, INC.
S my hand and official stamp or seal, this % 7 day
yt , 2003.
f:r
�t 4' ' 7v1 •�', 6v4-- _
IUD 0
t
g. � •b ' ; t Notary Public Y
expires: 1/ -Z00lo
AYL2002B:GLNCVEDecAm03
AYL2003G:GCOVDECAM03 jt2000 bb.dec
TATE OF NORTH CAROLINA
:OUNT'Y OF BRUNSWICK
'he Foregoing (or annexed) Certificate(s) of
YVONNE R SNEEDEN
4otary(ies) Public is (are) Certified to be Correct. 17th. December 2003
-his Instrument was filed for Registration on this Day of
a the Book and page shown on the First Page hereof.
ROE J. RO SON, Register of Deeds
10

i gr:utick ,CoimtRe4ister of Deeds
Robert`J `Rabinson
ti t Inst'#131122 Book 1644Page 87
10/3.4/2002 01: 56: 31pm Rec# JW a
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RET Its M i 5 . M 1=
TOTAI,.5-3- REV. TC#_LJ_
REC# CK. AMT.S3_ .CK#4
CASi-____REF. BY=
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
COUNTY OF BRUNSWICK GLEN COVE AT SOUTH HARBOUR VILLAGE
This Declaration, made the day of October, 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 owner of certain real property in
Brunswick County, North Carolina, known as GLEN COVE 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 24, Pages 261 through 266,
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 Propertyshall mean and refer to any
lands which ;'may hereafter be annexed to and made a part of GLEN
COVE AT SOUTH HARBOUR VILLAGE subdivision by the Developer,
pursuant to Article X hereof.
Section.2. Association shall mean.and refer to GLEN COVE
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.
1
This instrument prepared by
Stevens,McGhee,Morgan,Lennon & Toll
Wilmington, NC

Inst'.# 131122 Book 1644Page: 88
Section 5. By -Laws shall mean. -the by-laws of the
ti. .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,
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 24, Pages 261 through 266, 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. 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 Glen Cove POA,
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
ot;her(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,
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
2

IWt 1 133.1.22 Book 1644Page: 89
appoint or remove any officer of the -,association or any executive
board member during any period of the•7Developer's control.
Section 17. Subdivision shall mean GLEN COVE AT SOUTH
HARBOUR VILLAGE as shown on the maps recorded in Map Cabinet 24,
Pages 261 through 266, inclusive, of the Brunswick County
Registry and any Additional Property.
ARTICLE II
COMMON PROPERTY
Section 18. 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 19. 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.
SHARED COMMON AREAS, AMENITIES AND/OR FACILITIES
Section 20. 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
Glen Cove 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 Association
may, subject to the approval of 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 other common features
typically installed in condominium developments. The Owner of
each lot shall comply with all such standards adopted by the
Association.
ARTICLE III.
EASEMENTS; STREET LIGHTING; ACCESS TO LOTS
Section 21. Easements. Perpetual, alienable easements for
the installation and maintenance of drainage facilities and
underground utilities and services (including, but not limited
to, water, telephone, electric, cable televison, 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
3

inst # 131122 Book 1644Page: 90
land. Said easements shall inure.to.the`benefit of the
Developer, its successors and assigns.
Section 22. 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 23. 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 24. 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 25. 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.
MEMBERSHIP AND VOTING RIGHTS
Section 26. 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.
ARTICLE VI
MANAGEMENT AND CONTROL
Section 27. 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 28. 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 29. Creation of the Lien and Personal Obligation
for Assessments. Each Owner of any Lot, by acceptance of a deed
4

Inst # 131122 Book 164 .. (, , 4Page: 91
for the Owner's Lot, whether or not 3.t,.shal,l 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 30. 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
Associationa 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 Mater 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 31. 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
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.
5

i
a
Inst # 131122 Book 1644Page: 92
B. From and after January"I.701 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 32. 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 33. 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
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 34. 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 35. 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 k
assessments at the time the Owner accepts a deed from the
Developer.
Section 36. Effect of Nonpayment of Assessments And
Remedies Of The Association. Any Assessment or installment

Inst-4 131122 Hook 1644Page: 93
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 37. 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.
ARTICLE VIII.
ARCHITECTURAL CONTROWCONSTRUCTION
Section 38. 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
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 39. 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 s
defects in plans and specifications submitted to it or any
structure erected according to such plans and specifications.
Section 40. Approval of Plans. No house plans will be
approved unless the proposed house shall have a minimum of
W

'.Inst-# 131122. Book 1644page: 94
''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 41. Setbacks. Since the establishment of
inflexible building setback lines for location of houses on lots
trends 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 (25) feet unless a lesser setback is specifically
approved by the Architectural Control Committee.
Section 42. Completion. The exterior of all houses and
ether 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 43. 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 44. 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

Inst #,131122. Book 1644Page: 95
without approval of the Developer, Association or Architectural
Control Committee.
Section 45. 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 46. 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 47. 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 48. Soddinand _Irrigation of Front Lawns. All
front and side lawns on Lots on which a residence exists shall be
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 49. 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 50. 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 ofArticle 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 timeor times as the Developer may deem appropriate.
Section 51. 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 activities
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.
E

1
Inst # 131122 Hook 1644Page: 96
Section 52. Lot Maintenance. In the event that any Owner
shall fail or refuse to keep his Lot free from weeds, underbrush,
refuse piles, unsightly growth or objects, or shall fail to keep
his front and/or side lawn(s) sodded and irrigated in accordance
as is here -in -above required, then, after thirty (30) days notice
from the Developer, 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 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 53. 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 54. 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 55. 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
f'or commercial purposes and provided further that they are not
allowed to run free, are at all times kept properly leashed and
under the control of their owner and do not become a nuisance to
any neighbor.
Section 56. 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 57. Exterior Lights. All light bulbs or other
lights installed in any fixture located on the exterior 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 58. 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.
10

r
Inst # 131122 Book 1644Page: 97
Section 59. Signs. No sign(s) may placed or maintained
on any Lot 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.
Section 60. Subdividing. No Lot shall 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
Sectlon 61. 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 62. 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 63. 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 64. Enforcement Of Storm Water Runoff Regulations.
The covenants set forth herein are intended to ensure the ongoing
compliance with State Stormwater Management Permit Number SWB
000204, 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
11

Inst # 131122 Book 1644Page: 98
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 maximum amount of
2, 945 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. 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, 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, or
the Association.
Any covenants pertaining to stormwater regulations may
riot 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
riot 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
curb outlet swale shown on t:
maintained at a minimum of 1
side slope or flatter, have
than 5%, carry the flow from
erosive manner, and maintain
outlet system, each designated
e approved plan must be
0 feet long with a 5:1 (H:V)
longitudinal slope no steeper
a 10 year storm in a non-
* dense vegetated cover.
Section 65. 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 66. 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
12

i
�;.Inst.#'131122 Book 1644Page: 99
constitute an agreement that the provsions�_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 67. 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 three fourths (3/4ths) 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 68. 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 69. 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 ofthe 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.
IN WITNESS WHEREOF, POINT ASSOCIATES, L.L..C., the Developer
herein,. has caused this Declaration to be executed in its name by
its authob1z.ed Member -Managers, as the act and deed of .the said
Limited; 341abi1ity Company, the day and year first above written.
ssistant Secretary
(CORPORATE SEAL)
POINT ASSOCIATES, L.L.C.
WILMINGTON HOLDING CORP.,
By:
13
Y. LENNON
MANAGER

.
inst # 1333.22 Book 1644Page: 100
Y STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County of New Hanover 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 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 11th day of
Oc:tob.Or;'' 2002 .
,1 j,�U ,14I'1'R{ r y,
,., ri /V
:i "', ,��-.'��Z�:,t'.�'' �� - Notary Public
aw
fr�"�•o�js��ion expires
ek r �r4�'a)471t17\.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County•of Fender and State
aforesaid, certify that ALTON Y. LENNON, a Member -Manager of
POINT ASSOCIATES, L.L.C., a North Carolina Limited Liability
Company, personally came before me this day and acknowledged his
due execution of the foregoing and annexed instrument in his
capacity;rwas::a Member -Manager of,on behalf of, and as the act and
deed o:Ea f:the ,;•said POINT ASSOCIATES, L.L.C.
;WITNESS.°mY.Aiand and official stamp or seal, this _llth day
;
0 02.:. `
4'x-
.mot.1(iTrw
200291
Notary Public
I/ /a n ne, R, S'ry7e
Y
expires :
GLENCOVDEC
TATE OF NORTH CAROLINA
;OUNTY OF BRUNSWICK YVONNE R SNEEDEN
-he Foregoing•(or annexed) Certificate(s) of
,lotary(ies) Public is (are) Certified to be Correct. 14tn October 2002
Phis Instrument was filed for Registration on this — Day of f
ri the Book and page shown on the First Page hereof.
ROhE-kT J. RUVMMON, Register of Deeds
14
I