12 BOOK 1197 NOV 3 AM 9 582263 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PAGE 0047 RECORDED & VERIFIED MARY SUE OOTS BIRCH CREEK CONDOMINIUMS THIS AMENDMENT OF REGISTER NEW HANOVER CO. NO AMENDMENT OF DECLARATION OF CONDOMINIUM CONDOMINIUM, BIRCH CREEK CONDOMINIUMS (the "Amendment") made pursuant to Chapter 47 A of the North Carolina General Statutes and made this 28th date of October, 1997.
WITNESSETH WHEREAS, a meeting of the members of Birch Creek Homeowners Association, Inc. (the "Association") was duly held, after proper notice was given, at which meeting a quorum was present in person or by proxy; and, 000019 WHEREAS, at this meeting an amendment to the Declaration of Condominium, Birch Creek Condominiums (the "Declaration"), was discussed and voted upon by the members; and, WHEREAS, the proposed amendment was approved and adopted by the members by an affirmative vote in excess of the minimum vote required for approval of this Amendment by the members.
NOW, THEREFORE, let it be that the Declaration of Condominium Birch Creek Condominiums recorded in Book 1203 Page 1317 of the New Hanover County Registry, as the same has heretofore been amended, is hereby amended as follows: Amendment A. Delete the existing subparagraph B titled "premiums" of Paragraph 14 titled "Insurance" and insert in lieu thereof, the following: "B.
Premiums. All insurance policy premiums paid for insurance of any kind or nature on the Property and/or for the benefit of the RETURNINO T Robert Jordan 492697 BOOK PAGE 2263 0048 Association and the officers and directors of the Association, including by way of example but not in limitation, directors and officers insurance and public liability insurance, purchased by or for the benefit of the Association, the Board or the Managing Agent
including by way of example but not in limitation, directors and officers insurance and public liability insurance, purchased by or for the benefit of the Association, the Board or the Managing Agent shall be paid by the Association and shall be a common expense of the Association. Any deductible required to be paid under any of the insurance policies which the Association has secured and maintained shall be paid by the Association as a common expense; provided, however, should the Association obtain any insurance policy(ies) insuring all or a portion of the limited common areas and facilities under which there is a deductible then the owner of the unit to which any such limited common areas and facilities are appurtenant or related shall pay any deductible arising out of any claim related to such limited common areas and facilities appurtenant or related to their particular unit. If a unit owner maintains insurance on his unit or the limited common areas and facilities associated or related to his unit, such unit owner shall be responsible for and shall pay any deductible associated or arising out of any claim related thereto unless such damage or loss is caused by the owner or occupants or another unit in which event the owner of the unit which causes such loss or damage shall also pay the deductible for the other unit owners whose units suffered loss or damage."
END OF AMENDMENT EXCEPT as specifically amended by this Amendment, the Declaration of Condominium Birch Creek Condominiums, as heretofore amended, shall be and remain in full force and effect.
BOOK PAGE 2263 0049 A certification by the President and Secretary of the Association is attached hereto and incorporated herein by this reference certifying that this Amendment was duly adopted in
t.
BOOK PAGE 2263 0049 A certification by the President and Secretary of the Association is attached hereto and incorporated herein by this reference certifying that this Amendment was duly adopted in accordance with the provisions of the Declaration.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals to this Agreement the day and year first above written.
ATTEST: Alice BIRCH CREEK HOMEOWNERS ASSOCIATION, By: sident INC.
CREEK CORPORATE OSTA 1982 SOCIAT ON, INC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, for the The County and a Notary Public in and aforesaid do hereby certify that Sur personally appeared before me this day and acknowledged that he/she is CREEK HOMEOWNERS ASSOCIATION, INC., and that, by authority duly Secretary of BIRCH 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/herself as its Secretary.
WITNESS my hand and notarial seal this the 30 Octaher 1997.
' day of MY COMMISSION EXPIRES: August 9, 2000 NOTARY PUBLIC DIANA NEW L REEVES Notary Public HANOVER איכי COUNTY, BOOK PAGE 2263 0050 EXHIBIT A The undersigned, being the duly elected and presently serving President and Secretary of Birch Creek Homeowners Association, Inc.
do hereby certify that the amendment to the Declaration of Condominium Birch Creek Condominiums was duly adopted by the requisite affirmative vote of the members of said Association in accordance with the provision of said Declaration of Condominium at a duly held meeting after proper notice was duly given.
This 28th day of October, 1997.
President (SEAL) Johnson) (SEAL) Secretary STATE OF NORTH CAROLINA New Hanover County The Foregoing Annexed Certificate(s) of Diana L. Reeves
per notice was duly given.
This 28th day of October, 1997.
President (SEAL) Johnson) (SEAL) Secretary STATE OF NORTH CAROLINA New Hanover County The Foregoing Annexed Certificate(s) of Diana L. Reeves Notary (Notaries) Public is/ are certified to be correct.
This the by 3 day of Nov Stary Sue Oots, Register of Deeds Patricia Barnes Deputy/Assistant 1997