Book8864 - Page 829 Page 1 of 3 ! ‘ REGISTER OF DEEDS . Sharon A. Davis Durham County, NC 2020 Feb 05 04:10:04 PM BK:8864 PG:829-831 DECLARATION FEE: $26 00 INSTRUMENT # 2020004683 _ TREDFEARN 1 I Prepared by and return to: Suzanne B. Allaire K&L Gates LLP Post Office Box 17047 Raleigh, NC 27619-7047 STATE OF NORTH CAROLINA COUNTY OF DURHAM FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELGREEN THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BELGREEN (this “Amendment”) is effective as of the date of its recordation in the Office of the Register of Deeds for Durham County, North Carolina and is made by LENNAR CAROLINAS, LLC, a Delaware limited liability company (“Declarant”).
WHEREAS, the undersigned is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Belgreen recorded in Book 8751, Page 847 (as amended and supplemented from time to time, collectively, the “Declaration’’); and WHEREAS, Section 18.10(a) of the Declaration provides that Declarant, during the period _ of Declarant control as set forth in Section 8.06 of the Declaration, without obtaining the approval of any Owner or Owners other than Declarant, shall have the unilateral right, in its sole and absolute discretion, to make any amendments or modifications which Declarant deems necessary or desirable, including, without limitation, amendments or modifications to any procedural, administrative or substantive provisions of the Declaration; and WHEREAS, Declarant now desires to amend the Declaration in certain respects as set forth herein.
NOW, THEREFORE, Declarant, by this Amendment, does hereby amend the Declaration as follows: Book8864 - Page 830 Page 2 of 3
ow desires to amend the Declaration in certain respects as set forth herein.
NOW, THEREFORE, Declarant, by this Amendment, does hereby amend the Declaration as follows: Book8864 - Page 830 Page 2 of 3 1. Incorporation. The above recitals are incorporated herein by this reference.
2. Definitions. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the same meaning ascribed to them in the Declaration.
3. Tenants. The first sentence of Section 4.04(a) of the Declaration is hereby deleted in its entirety and replaced by the following: Owners shall have the right to lease or rent their Lots, provided that any lease or rental agreement between an Owner and a tenant shall be in writing, shall be for a term of no less than twelve (12) months, and shall provide that it is in all respects subject to the provisions of this Declaration, the Bylaws, and the Rules and Regulations and that any failure by the tenant to comply with such provisions shall be a default under the rental agreement or lease.
The first sentence of Section 4.04(c) of the Declaration is hereby deleted in its entirety and replaced with the following: For the avoidance of doubt, no Owner shall be permitted to lease or rent his or her Lot for hotel or transient purposes.
4. Effect of Amendment. The Declaration is hereby modified to the extent set forth herein, but only to the extent set forth herein. All provisions of the Declaration not modified by this Amendment shall remain in full force and effect in accordance with their original terms as set forth in the Declaration.
[Signature Page Follows] Book8864 - Page 831 Page 3 of 3 IN WITNESS WHEREOF, Declarant has executed this Amendment effective as set forth in the first paragraph above.
DECLARANT Lennar Carolinas, LLC,
[Signature Page Follows] Book8864 - Page 831 Page 3 of 3 IN WITNESS WHEREOF, Declarant has executed this Amendment effective as set forth in the first paragraph above.
DECLARANT Lennar Carolinas, LLC, a Delaware limited Te company By: ! Name: —[q- rg Title: Vice Pre$ident Idolve County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Troy J. George.
Date: Aan AQ QoIO My Commission Expires: A Notary Public ‘ Mau 35 ood Print Name: bher [Affix Notary Stamp or.Seal]