00 · Westport Subdivision

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22.00 112 050505 BOOK PAGE 1308 0897 RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER GO NG Nov 8 4 31 PM 85 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WESTPORT SUBDIVISION Developer: East Coast Ventures Corporation Document Prepared By: Jerry C. Woodell MARSHALL WILLIAMS GORHAM & BRAWLEY Attorneys at Law 14 South Fifth Street Post Office Drawer 2088 Wilmington, North Carolina 28402 Telephone: (919) 763-9891 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1308 0898 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WESTPORT SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: THAT East Coast Ventures Corporation, a North Carolina corporation, is the owner and developer of certain real property known as, or to be known as WESTPORT SUBDISION, which said real property is located in Harnett Township, New Hanover County, North Carolina. The said real property is more fully described in that certain deed to East Coast Ventures Corporation recorded November 8 1985, in Book 1308 at Page 889 of the New Hanover County Registry, North Carolina and in that certain map titled WESTPORT SUBDIVISION recorded in Map Book 25 at Page 115 in the Office of the Register of Deeds of New Hanover County. East Coast Ventures Corporation has established a general plan for improvement and development of said real property and East Coast Ventures Corporation, in connection with its general plan for the improvement and development of said real property, desires to establish and place certain covenants, conditions, reservations and restrictions upon which and subject to which all portions and parts of the said real property, including the residential lots located therein, shall be held, improved, sold or conveyed

eservations and restrictions upon which and subject to which all portions and parts of the said real property, including the residential lots located therein, shall be held, improved, sold or conveyed by it as owner thereof and upon the use and occupancy of said residential lots, or positions thereof, which may be sold by the owner from time to time in any part of said subdivision. Now, therefore, East Coast Ventures Corporation, by this Declaration, does hereby place upon said real property and all lots sold by it in said subdivision after this date the following covenants, conditions, reservations and restrictions: DEFINITIONS: As used in this Declaration of Covenants, Conditions and Restrictions, the following terms shall mean: (a) "East Coast Ventures Corporation", hereinafter sometimes referred to as Developer, means (1) the Developer, and (11) the Developer's successors and assigns.

(b) "Property" generally means the real property owned by the Developer in New Hanover County, North Carolina, which is more fully described in that deed to the Developer recorded November 8 , 1985, and recorded in Book 1308 at Page 889 of the New Hanover County Registry, all as shown on that certain map titled "WESTPORT SUBDIVISION" recorded in Map Book at Page -25 115 of the New Hanover Country Registry, together with any additional real property which may hereafter be made subject to these restrictions, as the same may be amended from time to time, and be made subject to the jurisdiction of the WESTPORT SUBDIVISION Property Owner's Association, Inc.

(c) "Lot" or "lots" shall mean those portions of the real property specifically allocated, platted and/or recorded as lots for sale and/or use as single family residences on any recorded map or maps of WESTPORT SUBDIVISION.

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ll mean those portions of the real property specifically allocated, platted and/or recorded as lots for sale and/or use as single family residences on any recorded map or maps of WESTPORT SUBDIVISION.

(d) "Association" shall mean the Westport Property Owner's Association, Inc., its successors and assigns.

BOOK PAGE 1308 0899 (e) "Subdivision" shall mean the real property hereinabove referred to under (b) which is being developed as WESTPORT SUBDIVISION.

(f) "Restrictions" shall mean the covenants, conditions, reservations and restrictions set forth in this Declaration of Covenants, Conditions and Restrictions and all subsequent amendments hereto which are duly recorded in the New Hanover County Registry.

(g) "Owner" shall refer to the purchaser of a lot or lots in the Westport Subdivision.

residence.

(h) "Residence" and/or "dwelling" shall mean a single family (i) "Architectural Review Committee" shall mean and refer to a committee of three lot owners appointed by the Board of Directors of the Association which such committee shall be responsible for the review and approval of all plans and specifications for the construction of residential dwellings on lots. The committee may consist of the Directors constituting the Board of Directors of the Association.

(j) "Declaration" means this Declaration of Covenants, Conditions and Restrictions and all subsequent amendments hereto which are duly recorded in the New Hanover County Registry.

1. APPLICABILITY: These restrictions shall apply to all residential lots sold by the Company after the date hereof, and, as applicable or required herein, to any common areas located in said real property.

PROPERTY OWNER'S ASSOCIATION: In addition to, and not in limitation

d by the Company after the date hereof, and, as applicable or required herein, to any common areas located in said real property.

PROPERTY OWNER'S ASSOCIATION: In addition to, and not in limitation of, any powers granted to the Association in its charter or by-laws, the association shall have the right and the responsibility for maintaining roads, canals, bulkheads, piers, docks, traffic control, gazebo, utility locations, all common areas and common community services and general planting within roadway areas and common areas located within the said Westport Subdivision and shall have all powers necessary to enforce the conditions, covenants, restrictions and reservations set forth in this Declaration. Each and every lot owner, in accepting a deed or contract for purchase for any lot in the said Subdivision, agrees to become and shall be, so long as such person owns a lot, a member of the Association and agrees to abide by and be subject to all of the terms of this Declaration and the charter, by-laws and rules and regulations of the Association.

3. RESIDENTIAL USE: All lots, and each and every one, are to be used for single family residential purposes only and shall not be used for other than residential use. No building or structure other than one single family residence shall be erected or placed on any lot; provided, however, guest quarters, if approved by the Association, in its sole discretion, may be constructed on a lot as part of or appurtenant to a permanent single family residence. No structure of a temporary nature, trailer, tent, shack, barn or other similar structure shall be permitted on any lot either temporarily or permanently at any time; provided, however, that this prohibition shall not

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temporary nature, trailer, tent, shack, barn or other similar structure shall be permitted on any lot either temporarily or permanently at any time; provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the mail dwelling, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or be permitted to remain on the lot after completion of construction of the main dwelling. No structure on any lot other than a fully completed residence shall be occupied.

2 BOOK PAGE 1308 0900 4.

DIVISION OF LOTS: (a) No lot shall be subdivided or its boundary lines changed except with the prior written consent of the Company.

One or (b) One lot, as shown on the plat of Westport, shall be the minimum building area upon which a single family residence may be constructed.

more lots may be utilized as a single building plot.

5. BUILDING AND SITE IMPROVEMENTS: (a) No building, fence, well, or other structure shall be erected, placed or altered on any residential lot, nor shall the grade or elevation or physical characteristics, of any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, specifications, exterior colors and finishes, site, landscaping and grading plans (showing the proposed location of such building or structure, drives, parking areas, landscaping and proposed alterations to the grade, elevation or physical characteristics of the site), and construction schedule shall have been approved in writing by the Association. Refusal of approval of any such plans, location or specifications may be based by the Association upon any ground, including environmental considerations, that in the sole and

ting by the Association. Refusal of approval of any such plans, location or specifications may be based by the Association upon any ground, including environmental considerations, that in the sole and uncontrolled discretion of the Association shall seem sufficient. Without the prior written consent of the Association, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Association. One (1) copy of all plans and related data shall be furnished the Association for its records. The Association shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans and specifications.

6. APPROVAL OF PLANS: (a) No house plans will be approved unless the proposed dwelling has the minimum required square footage of enclosed dwelling area and meets the other requirements of the Association. The Association in reviewing plans and specifications for proposed dwellings shall act through its duly appointed Arthitectural Review Committee.

RESIDENCES: (a) The minimum square footage of the main dwelling shall be eighteen hunderd (1,800) square feet of heated floor space, exclusive of garage, covered walks and porches.

(b) The maximum square footage of the main dwelling shall be four thousand (4,000) square feet of heated floor space exclusive of garage, covered walks and porches, unless otherwise approved by the Association.

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ive of garage, covered walks and porches, unless otherwise approved by the Association.

(d) Entrance lights and yard lighting shall be small wattage low level ground lighting. High intensity flood lighting from poles or dwellings is not permitted unless specifically approved in writing by the Architectural Review Committee.

(e) The height of any building shall be approved by the Association in its sole discretion.

(f) Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground garbage receptacles or similar facility in accordance with reasonable standards established by the Association.

3 BOOK PAGE 1308 0901 (g) Each lot owner shall provide space for parking three automobiles off the street prior to the occupancy of any dwelling constructed on said lot in accordance with reasonable standards established by the Association.

(h) No trees, bushes, shrubs, or other vegetation whatever, may be removed, planted or installed from or on any lot without prior written approval of the Association, based upon a site plan, landscaping plan or planting plan submitted to the Association.

(i) No accessory buildings (which may inlude a detached private garage, cabana, servant's quarters or guest facilities) shall be constructed without the prior written consent of the Association. No such structures shall be allowed unless (a) such conform with the style of the primary residence, (b) such do not, in the opinion of the Association, overcrowd the site, and (c) such accessory buildings are not used for any activity normally conducted as a business.

style of the primary residence, (b) such do not, in the opinion of the Association, overcrowd the site, and (c) such accessory buildings are not used for any activity normally conducted as a business.

(j) All lots shall be used for residential purposes exclusively.

(k) No trailer, tent or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction.

(1) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent CIR from erecting, maintaining, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provisions of utility or other service.

(m) The exterior styles of dwellings shall be approved by the Architectural Review Committee.

(n) Prior to the occupancy of a residence on any lot, proper and suitable provision shall be made for the disposal of sewage by means of a septic tank and related apparatus or other method, provided that any such method must be approved by the Association and the appropriate State or County health authorities.

(o) Exterior siding materials shall be natural wood siding using semi-transparent stain or weathering stain or weathering stain or stucco or texocote or cedar shakes; provided, however, the use of brick for up to eighty

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materials shall be natural wood siding using semi-transparent stain or weathering stain or weathering stain or stucco or texocote or cedar shakes; provided, however, the use of brick for up to eighty percent (80%) of the exterior is suitable. Colors that contrast with the surroundings and neighboring houses are to be avoided. Roof materials and shingle color range shall be as specifically approved by the Architectural Review Committee.

(p) Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the water, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, the Association reserves the right to control and approve absolutely the site and locations of any house or dwelling or other structure upon any lot.

で BOOK PAGE 1308 0902 8.

MAINTENANCE: (a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditiions of buildings or grounds on such lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.

(b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature

borhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof.

9. GARAGES: No garage shall be placed, erected or maintained upon any part of any lot except for use in connection with a residence already constructed or under construction at the time that such garage is placed or erected upon the lot. Garages shall be for the use only of the occupants of the residence to which they are appurtenant. Detached garages are discouraged but will be considered on a case by case basis by the Association.

10. PARKING AND DRIVEWAY: Each lot owner shall provide space for parking three (3) automobiles off the street prior to the occupancy of any dwelling constructed on said lot in accordance with reasonable standards established by the Association. There shall not be located on any lot any more than one (1) driveway which shall not exceed sixteen (16) feet in width. All parking areas should be screened from view in a manner acceptable to and approved by the Association. All parking areas and driveways must be paved.

11. NATIVE GROWTH: The native growth of such lots, such as trees, bushes, shrubs, or other vegetation whatever, shall not be permitted to be destroyed, removed, installed or planted from or on any lot without prior written approval of the Association, based upon a site plan, landscaping plan or planting plan; submitted to the Association. In the event such growth is destroyed, removed, installed or planted, except as stated above, the Association may require the

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ite plan, landscaping plan or planting plan; submitted to the Association. In the event such growth is destroyed, removed, installed or planted, except as stated above, the Association may require the removal, replanting or replacement of same, the cost thereof to be borne by the lot owner.

12.

CONSTRUCTION COMPLETION: When the construction of any residence is once begun, work thereon must be prosecuted diligently and must be fully completed within eight (8) months of the date that 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 calamities.

13. ASSESSMENTS: The Association shall, in addition to all other powers granted to it herein and in its charter and by-laws, have the power and authority to levy and collect assessments (regular and special) from each lot owner and boat slip owner as follows: (a) The owner of each residential lot shall, by the acceptance of a deed or other conveyance for such lot, be deemed to covenant and agree and be obligated to pay the Association: (i) annual assessments, dues or charges, and (ii) special assessments for unexpected or unbudgeted expenses, capital; 10 5 BOOK PAGE 1308 0903 improvements and other monetary obligations incurred by the Association in performing its duties and obligations.

(b) The owner of each boat slip shall, by the acceptance of a deed or other conveyance or transfer for such boat slip, be deemed to covenant and agree and be obligated to pay the Association: (i) annual assessments, dues or charges, and (ii) special assessments for unexpected or unbudgeted expenses, capital improvements and other monetary obligations incurred by the Association

ssociation: (i) annual assessments, dues or charges, and (ii) special assessments for unexpected or unbudgeted expenses, capital improvements and other monetary obligations incurred by the Association in performing its duties and obligations.

(c) The annual assessments shall be due and payable on January 1 of the year for which they are assessed or may payable in installments due monthly, quarterly or annually as determined in the sole discretion of the Association.

(d) Any special assessments shall be due and payable as determined in the sole discretion of the Association.

(e) All assessments or charges relating to lot shall be fixed, established, levied and collected on a uniform basis for each lot. All assessments or charges levied upon the owners of boat slips shall be fixed, established, levied and collected in the following manner: All assessments or charges relating to boat slips shall be fixed, established, levied and collected from each boat slip owner, regardless of whether such owner shall own one or more boat slips, based upon such owner's percentage of the total assessments or charges levied which relate to the docks, piers, bulkheads, canal and other items connected with the said boat slips determined by dividing the total number of owners into the total assessment or charge. For the purpose of this paragraph the term owner shall include each person, corporation, firm or other entity having an interest in a boat slip and when a boat slip is owned by more than one person, firm, corporation or other entity such boat slip shall be deemed owned by one owner for the purposes of determining the number of owners of boat slips.

(f) Each annual and/or special assessment, when due, shall become a

r other entity such boat slip shall be deemed owned by one owner for the purposes of determining the number of owners of boat slips.

(f) Each annual and/or special assessment, when due, shall become a lien against the lot or boat slip against which such assessments are made and shall continue as lien against such lot or boat slip and shall be deemed to run with the land until such time as collected by the Association or paid in full.

(g) The funds arising from said assessments or charges may be used for any or all of the following purposes: maintaining, operating, improving and replacing common areas, and the facilities and improvements located thereon, bulkheads, canals, piers, docks, signage and landscaping; protection of property; collecting and disposing of garbage, ashes, rubbish and the like; maintenance, improvement and lighting of the streets, roads, drives, rights of way, community land and facilities; employing watchmen; enforcing these restrictions; paying taxes, insurance premiums, legal and accounting fees, governmental charges of all kinds and descriptions, other indebtedness of the Association, and in addition, doing any other things necessary or desirable, in the opinion of the Association, to keep the property in neat and good order and to provide for the health, welfare and safety of owners and residents of Westport Subdivision.

(h) Upon the failure of the owner of the lot or boat slip to pay any such assessment or charge, additional assessment, or installment thereof when due, the Association shall have the right to collect the amount thereof by an action at law against the owners as for a debt, and may bring and maintain such other suits and proceedings at law or at equity as may be available. Such

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the right to collect the amount thereof by an action at law against the owners as for a debt, and may bring and maintain such other suits and proceedings at law or at equity as may be available. Such rights and powers shall be deemed to run with the land and the successive owners of each lot or boat slip, by the acceptance of deeds therefor, shall be deemed BOOK PAGE 1308 0904 personally to assume and agree to pay all unpaid assessments or charges or additional assessments which have been previously levied against the property, and all assessments or charges or additional assessments as shall become a lien thereon during their ownership. Unpaid assessments or charges, additional assessments, or installments thereof, shall bear interest at the rate of one and one-half (1-1/2%) percent per month, or at the maximum legal rate, whichever is less, from the due date thereof, until paid. Annual assessments shall be delinquent on February and special assessments at the expiration of thirty (30) days from their due date. All costs and reasonable attorney's fees incurred in collection of delinquent assessments, together with accrued interest, shall become a lien against the lot or boat slip.

(1) The monies collected by virtue of the assessments or charges or additional assessments, or the lien provided by this section, shall be paid to the Association to be used in such a manner and to the extent as the Association may deterine, in accordance with the preceding paragraphs hereof, for the benefit of the residents of Westport Subdivision. The judgment of the Association in the making of assessments or charges or additional assessments and the expenditure of funds shall be final.

(j) The Association shall not be obligated to spend in any one

udgment of the Association in the making of assessments or charges or additional assessments and the expenditure of funds shall be final.

(j) The Association shall not be obligated to spend in any one calendar year all of the sums collected during said year by way of assessments or charges or additional assessments and may carry forward to surplus any balance remaining. The Association shall not be obliged to apply any such surplus to the reduction of charges in the succeeding year.

(k) The Association shall have authority, in its discretion, to borrow money to expend for the purposes set forth hereinabove upon such terms and security and for such periods as it may determine, and to repay said borrowings and the interest thereon from the assessments or charges or additional assessments provided for elsewhere in this Declaration.

14. ENTRY: The Association, its successors and assigns, and its agents are gratned the right to enter upon any residential lot or boat slip area, such entry to be made by personnel with suitable devices and equipment, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, repairing or maintaining exteriors of structures, or for the purpose of building or repairing dunes or other earthwork, which in the opinion of the Assocation detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Association and its agents may likewise enter upon any lot or boat slip area to remove any trash which has collected without such entrance and removal being deemed a trespass. The Association is authorized to make reasonable charges to the owner for such services, which shall become a

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e any trash which has collected without such entrance and removal being deemed a trespass. The Association is authorized to make reasonable charges to the owner for such services, which shall become a lien upon the lot or boat slip. The provisions of this paragraph shall not be construed as an obligation on the part of the Association to undertake any of the foregoing.

15. BOAT SLIPS: The Developer is planning to develop the subject real property in a manner in which each lot shall have appurtenant to it not less than one (1) boat slip. However, the total number of boat slips available shall exceed the number of lots. As to the number of boat slips in excess of the number of lots the Developer hereby specifically reserves the right to sell and convey such exess boat slips to nonowners of lots in the said Westport Subdivision. See Schedule A attached hereto and made a part hereof by this reference for the assignment of boat slips. Such sale by the Developer of such excess boat slips to non-owners 7 917 BOOK PAGE 1308 0905 of lots shall be made subject to the terms of this Declaration and all subsequent sales of boat slips by owners or non-owners of lots shall be made subject to the terms of this Declaration so far as the same are applicable to boat slips. In addition the ownership, use and sale of any boat slip shall be subject to such rules and regulations as may be adopted from time to time by the Association regulating the ownership and use of any boat slip.

Notwithstanding any other provisions of this Declaration the assessment to be levied against boat slips owned by non-owners of lots shall be determined by the Association taking into consideration that such non-owners have no right of

ns of this Declaration the assessment to be levied against boat slips owned by non-owners of lots shall be determined by the Association taking into consideration that such non-owners have no right of use of any amenities in the said subdivision except for the roadway providing access to the piers, docks and boat slips.

With each boat slip Developer shall grant and give to the purchaser thereof an easement for ingress, egress and regress over the roadways in the said Subdivision providing access to the pier facilities (including boat docks), an easement across any common areas necessary for access to the said pier facilities and an easement over and across the piers where such boat slips are located. No non-owner of lot who owns a boat slip shall have any right to use any other amenities located in the said Subdivision.

16. RIGHT OF FIRST REFUSAL: Prior to the acceptance of any offer for the purchase of any unimproved property the owner thereof shall first offer said property for sale to Developer for the same price at which the highest bona fide o;ffer has been made for such property, by providing a copy of the contract, and Developer shall have thirty (30) days within which to exercise its option to purchase said property at such price; should Developer fail or refuse, within thirty (30) days after receipt of written notice of the price and terms of the offer, to exercise its option to purchase said property, then the owner thereof shall have the right to sell said property subject, however, to all covenants, restrictions and limitations contained herein. Provided, this provision shall apply only for a period of three years from the date of the deed conveying the property to the original purchaser from Developer, at which time this provision shall terminate.

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ed, this provision shall apply only for a period of three years from the date of the deed conveying the property to the original purchaser from Developer, at which time this provision shall terminate.

(a) The Developer does not by 17. STREETS, EASEMENTS AND RIGHTS-OF-WAY: 2 any deed conveying any of said lots convey to the owner any of the land in any platted street and has and hereby reserves all easements for utilities, drainage or common areas, if any, shown on the recorded plat or plats of said subdivision and full rights of ingress and egress for itself, its agents, employees, and assigns over any part of the property for the purposes of installing and servicing the utilities and drains for which the easements are reserved.

(b) No structures, including walls, fences, paving or planting shall be erected upon any part of the property which will interfere with the rights of ingress and egress provided in subpart (a) of this paragraph.

18. SUBDIVIDING: No lot shall be subdivided, or its boundary lines changed except with the prior writtenn consent of the Association. However, Developer hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not be limited to, the relocation of easements, walkways and rights of way to conform to the new boundaries of the said replatted lots, 8 BOOK PAGE 1308 0906 provided that no lot originally shown on a recorded plat is reduced by more than twenty (20) percent from its original size.

orm to the new boundaries of the said replatted lots, 8 BOOK PAGE 1308 0906 provided that no lot originally shown on a recorded plat is reduced by more than twenty (20) percent from its original size.

19. COVENANTS AND RESTRICTIONS TO RUN WITH THE LAND: All of the covenants, conditions, restrictions and reservations set forth herein shall run with the land, shall inure to the benefit of each owner and each owner, by accepting the deed to such premises, accepts the same subject to such covenants, conditions, restrictions and reservations and agreed for himself, his heirs, successors, administrators, executors, assigns and successors in interest to be bound by each of such covenants, conditions, restrictions and reservations, jointly, separately and severally. Each and every one of these covenants, conditions, reservations and restrictions is and are for the benefit of each owner of land in the subdivision, or any interest therein and shall inure to and pass with each and every lot of said subdivision.

20.

Each COVENANTS AND RESTRICTIONS, ENFORCEABLE JOINTLY AND SEVERALLY: and every one of the covenants, conditions, restrictions and reservations contained herein shall be considered to be an independent and separate covenant and agreement and in the event any one or more of such covenants, conditions, restrictions and reservations shall for any reason be held to be invalid or unenforceable all remaining covenants, restrictions, and reservations shall nevertheless remain in full force, effect and virtue.

21.

APPROVAL OF PURCHASER: No lot shall be sold or resold unless the name of the prospective purchaser has been submitted in writing to the membership committee of the Association and such prospective purchaser has been approved

o lot shall be sold or resold unless the name of the prospective purchaser has been submitted in writing to the membership committee of the Association and such prospective purchaser has been approved for membership by the membership committee. This provision shall not defeat or render invalid the lien of any mortgage or other encumbrances made in good faith for value as to any lot or lots or portion of lots in such premises.

22.

MODIFICATIONS AND AMENDMENTS: The right and power to amend or change any part or all of the restrictions, covenants and conditions herein set out is vested freely in the Developer until such time as sixty percent (60%) of the lots in Westport Subdivision have been sold and conveyed by the Developer.

Thereafter, amendment of this Declaration shall require an affirmative vote of the owners of sixty-six and two-thirds (66 2/3) of the lots in the said Westport Subdivision. Such modifications and/or amendments to this Declaration of Covenants, Conditions and Restrictions shall be made and accomplished by the filing in the Office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants, which such amendments, modifications or additions to the restrictive covenants contained in this Declaration shall be made applicable to the conveyance of lots made subsequent to the recording of such declaration of amended restrictive covenants.

23. DURATION: All of the foregoing covenants, reservations, restrictions and conditions shall continue and remain in full force and effect at all times as against the owner of any lot in such premises, regardless of how he acquired title, for a period of time of twenty (20) years from the date hereof at which time these covenants, reservations, restrictions and conditions shall terminate

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h premises, regardless of how he acquired title, for a period of time of twenty (20) years from the date hereof at which time these covenants, reservations, restrictions and conditions shall terminate and end and thereafter be of no further legal or equitable effect on such premises or any owner thereof; provided, however, that these covenants, conditions, reservations and restrictions shall be automatically extended for a BOOK PAGE 1308 0907 period of ten (10) years, and thereafter in successive ten-year periods, unless on or before the end of one of such extension periods or the base period the owners of a majority of the lots in the subdivision shall by written instrument duly recorded in the New Hanover County Registry declare a termination of the same. Although these covenants, conditions, reservations and restrictions may expire as herein provided, any and all reversions for breach of these covenants, conditions, reservations or restrictions committed or suffered prior to such expiration shall be absolute. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of North Carolina.

24.

VIOLATIONS: In the event of a violation or breach of any of these covenants, conditions, restrictions or reservations by any lot owner, or agent of such owner, the Association or owner of any other property in Westport Subdivision, or any of them jointly or severally, shall have the right to proceed at law or equity to compel a compliance to the terms hereof or to

sociation or owner of any other property in Westport Subdivision, or any of them jointly or severally, shall have the right to proceed at law or equity to compel a compliance to the terms hereof or to prevent the violation or breach. In addition to the foregoing, the Association shall have the right, at its option, whenever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon such property where such violation exists, and summarily abate or remove the same at the expense of the owner, if after thirty (30) days written notice of such violation it shall not have been corrected by the owner. Any such entry, abatement or removal shall not be deemed a trespass. The failure to enforce any covenants, restrictions, reservations or conditions contained in these Restrictions, however long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement.

25. ENFORCEMENT: The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all covenants, conditions, reservations, restrictions, liens and charges now or hereafter imposed by the provisions of this Declaration of Covenants, Conditions and Restrictions.

26. COST OF ENFORCEMENT: Should the Association employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, or re-entry, by reason of such breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the Association shall have a lien upon such lot or lots to secure payment of all such sums.

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such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the Association shall have a lien upon such lot or lots to secure payment of all such sums.

27. ANNEXATION AND DEVELOPMENT OF ADDITIONAL PROPERTIES: The Developer reserves the right to develop additional lands in the area of the Property which it may now own or hereafter acquire and such additional lands may be annexed to the said Real Property without the approval or assent of the owners of lots in the subdivision; provided, however, that any such future development of any additional property shall be compatible with and in agreement and accordance with the general plan for the improvement and development of the Real Property hereinafter described.

10 BOOK PAGE 1308 0908 28. INTERCHANGE BETWEEN ASSOCIATION AND ARCHITECTURAL REVIEW COMMITTEE: Under any provision of this Declaration which relates to the submission, review approval of any plans, specifications, repairs, construction or any other matter relating to the construction of improvements where the word Association is used the word Association shall mean the Architectural Review Committee.

IN WITNESS WHEREOF, EAST COAST VENTURES CORPORATION has caused this instrument to be signed, in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the 31st day of 1985.

October EAST COAST VENTURES CORPORATION ATTEST: Secretary By: K President ventu [CORPORATE SEAL] corporate seal MC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Patricia B.

a Notary Public of said County personally and State, do hereby certify that arry C. Woodell came before me this day and acknowledged that he is Asst Secretary of EAST

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NTY OF NEW HANOVER I, Patricia B.

a Notary Public of said County personally and State, do hereby certify that arry C. Woodell came before me this day and acknowledged that he is Asst Secretary of EAST COAST VENTURES CORPORATION, and that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its named by its Asst Secretary, sealed with its corporate seal, and attested by himself as its Secretary.

1985.

WITNESS my hand and notarial seal this 31st day of October B.

Notary Public My Commission Expires: July 31,1989 PATRICIA B.

NEWELL NOTARY PUBLIC HANOVER COUNTY, N. C.

STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of _Patricia B. Newell, Notary Public is certified to be correct.

This the 11 day of Nov.

19 85 Rebecca P. Tucker, Register of Deeds By Mary Sue Orte By.

Aut.

BOOK PAGE 1308 0909 SCHEDULE A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WESTPORT SUBDIVISION The Developer, East Coast Ventures Corporation, anticipates the construction of fifteen (15) boat slips in the general manner and location as set forth on Schedule A-1 attached hereto. Each lot in Westport Subdivision shall have appurtenant to such lot one (1) boat slip. The boat slip which shall be appurtenant to a lot shall be the boat slip bearing the corresponding number to the lot number. By way of example Lot 1 Westport Subdivision shall have appurtenant to such lot the boat slip bearing the number 1 as shown on Schedule A-1. No boat slip bearing a number which corresponds to a lot number shall be sole or otherwise transferred, nor any interest therein, except as appurtenant to the lot in Westport Subdivision to which it is appurtenant.

Boat slips bearing numbers 12 through 15 shall be subject to sale by

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herwise transferred, nor any interest therein, except as appurtenant to the lot in Westport Subdivision to which it is appurtenant.

Boat slips bearing numbers 12 through 15 shall be subject to sale by Developer either to owners of lots or to non-owners of lots in Westport Subdivision. All sales or other transfer, or any interest therein, of any boat slip shall be subject to all the terms of this Declaration whether or not expressly stated in such sale or transfer.

As to the number, location and layout of said boat slips as shown on Schedule A-1 Developer expressly reserves the right to change and/or modify the number, location or layout until such time as the construction of said boat slips has been completed notwithstanding anything contained to the contrary elsewhere in this Declaration.

No individual ownership or exclusive use of the docks or piers, or any part thereof, providing access to the boat slips shall be deemed transferred to any owner of a boat slip but rather such shall be deemed common area for the use and benefit of all owners; provided, however, nothing herein shall be deemed to diminish the exclusive right to use the individual boat slips as designated on Schedule A-1 by the owners of such boat slips.

SCHEDULE A-1 2008 PAGE 1308 0910 Wendt PROPERTY Westport : MARINA Scale: 1320 Approx.

To Bradley Creek 10 Floating Dock ரு To Onk Landing L Į