Amendment to Declaration. This Declaration may be amended only by a written agreement executed by Owner and Declarant.
Amendment to Declaration. The provisions of this Trust Agreement may be amended at any time by an instrument executed by a majority of the Trustees provided, however, in no event shall the Trust Fund be used for any purpose other than the purposes set forth in Section 2.1 of this Trust Agreement.
Amendment to Declaration. The Property is currently governed by that certain Declaration of Covenants, Conditions and Restrictions Running with the Land, dated August 31, 2001, and recorded September 14, 2001, as Document No. 15869542 in the Official Records of Santa Xxxxx County (the “Declaration”). The Property is a portion of the real property identified as Parcel II in the Declaration. While the Declaration does not prohibit the subdivision of Parcel II and the transaction herein that would create additional “Owners” as defined in the Declaration, certain provisions in the Declaration establish rights and obligations of said Parcel II that must be allocated between the Property and the remainder parcel to be established upon recordation of the Parcel Map. Such allocation of rights and obligations shall be established by an amendment to the Declaration (the “Amendment”) to be recorded by Seller prior to the Close of Escrow. Seller has provided Buyer with a draft of the proposed Amendment, a copy of which is attached as Exhibit B, which Buyer hereby acknowledges that it has approved. Buyer acknowledges that the form of the Amendment must be approved by LINCOLN-RECP XXXXXXX OPCO, LLC and MetLife, each of whom may suggest modifications thereto. While each has approved a prior draft of the Amendment, if either suggest modifications, Seller shall submit such modifications to Buyer for Buyer’s approval, which shall not be unreasonably withheld, and which shall be deemed given unless notice of objection to the modifications is given by Buyer within three (3) business days of Buyer’s receipt of the modifications. Seller shall exercise commercially reasonable efforts to obtain LINCOLN-RECP XXXXXXX OPCO, LLC’s and MetLife’s final approval of the Amendment, and such approval shall be a condition to the Closing for the benefit of both Buyer and Seller.
Amendment to Declaration. This master deed may be modified altered, amended, or added to by declarant pursuant to an Instrument recorded by declarant in the office of the County Clerk of Jefferson County, Kentucky, subject to and in accordance with section V!(F), or by an instrument signed by each unit owner of record (and by declarant, if the consent of declarant to such amendment is required under the terms of the condominium documents), or by a vote of greater than 50% in interest in the common elements at any duly called meeting of unit owners provided that:
(1) A notice of the meeting containing a fall statement of the proposed modification; alteration, amendment, or addition has been sent to all unit owners as listed on the books and records of the council and to all mortgages of units who have requested same; and
(2) The board of directors (and declarant, if the consent of declarant is required by the provisions of the condominium documents) approves the change; and
(3) An instrument evidencing the change and signed by the president or any vice president of the council is xxxx recorded in the office of the Jefferson County Clerk, Such instrument need not contain the written consent of any unit owners but shall contain the verified statement and certification by the secretary or other officer of (he council not otherwise signing the instrument that the requirements of this Subsection (3) above have been satisfied,
Amendment to Declaration. On or before the Date of Closing, the Seller shall have obtained an amendment to that certain Declaration of Easements, dated December 27, 2002, and recorded December 27, 2002 as Entry No. 8474712, in the official records of the Salt Lake County Recorder’s office, as amended (“Declaration”), in recordable form, approved and executed by Seller, KP Arapeen, LC, a Utah limited liability company (“KP”), Master Landlord and Buyer, in a form reasonably acceptable to Buyer and Seller, allowing Buyer the right to use common areas on the property currently being leased to Seller and KP by Master Landlord and located adjacent to the Property, including, without limitation, driveways, sidewalks and parking areas, for purposes of pedestrian and vehicular ingress and egress to and from the Property, and for servicing the Improvements and any other improvement related to the Property, including utility conduits and related improvements and allowing Seller the right to use common areas on the Property, including, without limitation, driveways, sidewalks and parking areas, for purposes of pedestrian and vehicular ingress and egress to and from the Seller’s improvements located adjacent to the Property, for servicing Seller’s other improvements, including utility conduits and related improvements.
Amendment to Declaration. Notwithstanding anything contained herein to the contrary, Seller and Purchaser agree that prior to or at Closing Seller shall use reasonable efforts to cause to be executed and recorded in the Real Property Records of Dallas County, Texas, a Third Amendment to Residential Condominium Declaration for M Central Residences, a Condominium (the “Third Amendment to Declaration”) in substantially the form of Exhibit F attached hereto. It is acknowledged by the parties that the Third Amendment to Declaration requires certain approvals (including specifically, without limitation, approval by the Lender) and that there is no assurance that such approvals will be obtained.
Amendment to Declaration. The Settlement Agreement constitutes an amendment to the Declaration to the extent applicable, including specifically as described in this Covenant. The HOA, by its signature hereto, certifies that the Settlement Agreement, including specifically the amendments to the Declaration as described in this Covenant, has been approved, consented to and ratified by the requisite majority of the lot owners (HOA members) within the Project as set forth in the Declaration. 6/14/11 11:01 AM 6/14/11 11:01 AM WITNESS the following signatures and seals as of the day and year first above written. CHARLOTTESVILLE LAND INVESTMENT GROUP, LLC, a Virginia limited liability company By: (SEAL) Name: Title: OF , CITY/COUNTY OF , to-wit: I HEREBY CERTIFY that on this day of , 2011, before me, the undersigned, a Notary Public of the jurisdiction aforesaid, personally appeared My commission expires: 6/14/11 11:01 AM liability company, sole member By: 6/14/11 11:01 AM 6/14/11 11:01 AM 6/14/11 11:01 AM 6/14/11 11:01 AM - 47 - CHARLOTTESVILLE LAND DEVELOPMENT GROUP, LLC, a Virginia limited liability company 6/14/11 11:01 AM By: (SEAL) Name: Title: 6/14/11 11:01 AM liability company, sole OF , CITY/COUNTY OF , to-wit: member By: I HEREBY CERTIFY that on this day of , 2011, before me, the undersigned, a Notary Public of the jurisdiction aforesaid, personally appeared My commission expires: 6/14/11 11:01 AM 6/14/11 11:01 AM 6/14/11 11:01 AM 6/14/11 11:01 AM - 48 -
Amendment to Declaration. Any Amendment to this Declaration which alters the Stormwater Management System, beyond maintenance in its original condition, including mitigation or preservation areas and the water management portions of the Common Areas, must have the prior approval of the District and, if applicable, the County. Any proposed Amendment to this Declaration affecting the Stormwater Management System (including environmental conservation areas and the water management portions of the Common Areas) shall be submitted to the District for a determination of whether the Amendment necessitates a modification of the District Permit. If a modification is necessary, the District will so advise the District Permit 's permittee. The Amendment affecting the Stormwater Management System may not be finalized until any necessary Permit modification is approved by the District or the Association is advised that a modification is not necessary.
Amendment to Declaration. This Declaration shall not be amended or modified without the prior written consent of Declarant and Advance.
Amendment to Declaration. Seller shall have delivered to Purchaser or the Escrow Agent the Second Amendment to Amended and Restated Declaration of Easements and Restrictions Recorded in Book 4955, at Page 940 (the “Second Amendment to Declaration”), the form of which is attached as Exhibit A to the Fourth Amendment.
