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<br />Owner; and provided further, that nothing herein shall be construed to permit an amendment providing for a
<br />use inconsistent with or prohibited by the provisions of this Declaration.
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<br />14.
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<br />MISCELLANEOUS
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<br />H. Protection of Name. No Owner shall use the phrase "Port Crossing" or any word or words
<br />similar thereto in connection with any Tract or any business operated in connection with any Tract, without
<br />the prior written consent of Developer. The restriction contained in this Paragraph A is for the sole benefit
<br />of and may be enforced only by Developer.
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<br />I. Notices. Any notice permitted or required to be given under this Declaration shall be in
<br />writing and may be given either personally or by mail, facsimile machine (with confirmation of delivery) or
<br />overnight air courier service. If served by mail, each notice shall be sent postage prepaid, certified mail,
<br />return receipt requested, addressed to any person at the address given by such Person to the Association
<br />in writing for the purpose of service of such notice, or to the Tract of such person if no address has been
<br />given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the
<br />second business day after it is deposited in a regular depository of the United States Postal Service. Such
<br />address may be changed from time to time by notice in writing to the Association.
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<br />J. Right of Entry; Enforcement by Self Help. The Association shall have the right, in addition
<br />to and not in limitation of all the rights it may have under this Declaration, to enter upon any Tract, including
<br />any Improvements located thereon, for emergency, security, maintenance, repair or safety purposes, which
<br />right may be exercised by the Association's Board, officers, agents, employees, managers, and all police
<br />officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their
<br />respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after
<br />reasonable notice to the Owner or occupant of the Tract or Improvements.
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<br />In addition to any other remedies provided for herein, the Association or its duly authorized agent
<br />shall have the power to enter upon any Improvements or any portion of a Tract to abate or remove, using
<br />such force as reasonably may be necessary, any Improvement to Property, other structure, or thing or
<br />condition that violates this Declaration, the Bylaws, any Rules and Regulations, or any use restrictions.
<br />Unless an emergency situation exits, such self-help shall be preceded by written notice. All costs of self-
<br />help, including reasonable attorney's fees actually incurred, shall be assessed against the violating Owner
<br />and shall be collected as provided for herein for the collection of Assessments.
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<br />All such entries shall be made with as little inconvenience to the Owner as is practicable in the
<br />judgment of the Association and any damages caused thereby (as distinguished from repairs with respect
<br />to which the Association is entitled to a reimbursement assessment) shall be borne by the Maintenance
<br />Fund of the Association.
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<br />K. Platting/Replatting. If for any reason, the Developer should be required or deem it
<br />necessary to plat or replat the Subject Property, or any portion thereof, such platting or replatting may be
<br />accomplished without the consent of the Other Owners, or their mortgagees; provided, however, that the
<br />Developer has obtained the approval of the appropriate governmental body or bodies for such platting or
<br />replatting. In addition, if for any reason an Owner other than the Developer, should find it necessary or be
<br />required to plat or replat all or a portion of the Tract owned by him, such Owner may proceed with the
<br />platting or replatting without the consent ofthe Other Owners, or their mortgagees; provided, however, that
<br />(i) such Owner has obtained the approval of the appropriate governmental body or bodies, and (ii) the
<br />Board has given its prior written consent to such platting or replatting, which consent shall not be
<br />unreasonably withheld or delayed.
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<br />L. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance,
<br />rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Subject
<br />Property hereby is declared to be a violation of this Declaration and shall be subject to any and all of the
<br />enforcement procedures set forth in this Declaration.
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<br />H-Declaration of Protective Covenants and Easements.DOC 16
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