18.00 $2.00 2361 0076 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER FOURTH AMENDMENT TO DECLARATION OF COVENANTS FOR COMMERCIAL SECTION 1B AT LANDFALL-LANDFALL BUSINESS CENTER THIS FOURTH AMENDMENT TO DECLARATION is made as of the 8th day of April 1998, by ELIZABETH PRICE KENAN, THOMAS S. KENAN III, OWEN G. KENAN, ELIZABETH KENAN HOWELL, ANNICE HAWKINS KENAN, and BRAXTON SCHELL, TRUSTEES UNDER THE FRANK HAWKINS KENAN 1988 TRUST, DATED JULY 13, 1998, AS AMENDED AND RESTATED AUGUST 17, 1994, ("Trustees"), EARL, M. WORSLEY, JR., a resident of New Hanover County, North Carolina ("Worsleys") and LANDFALL STATION, LLC, a North Carolina limited liability company ("Landfall Station"). All defined terms used in this Fourth Amendment shall have the meanings given such terms in the Declaration, as hereinafter defined, unless otherwise stated in this Fourth Amendment.
WITNESSETH: 100142 WHEREAS Landfall Associates ("Landfall") as Declarant, recorded a Declaration of Covenants, Conditions and Restrictions (the "Declaration") in Book 1783, Page 0574 of the New Hanover County Registry as to all of that land shown on the plat entitled "Lot 2 Commercial Section 1B at Landfall", which plat is recorded in Map Book 34 at Page 30 of the New Hanover County Registry, revised in Map Book 34 at Page 223 of said Registry; and WHEREAS, the amendments to the Declaration previously were recorded in Book 1800 at Page 452, Book 1839 at Page 0216, Book 2076 at Page 278, of said Registry (the Previous Amendments"); and WHEREAS, as Section 3 of Article X of the Declaration provides that the Declaration may be amended by an instrument signed by (a) Owners holding at least sixty seven percent (67%) of the then outstanding votes in the Association, and (b) Landfall, for so long
des that the Declaration may be amended by an instrument signed by (a) Owners holding at least sixty seven percent (67%) of the then outstanding votes in the Association, and (b) Landfall, for so long as Landfall has the right to select a majority of the members of the Board of Directors of the Association; and WHEREAS, Landfall no longer has the right to select a majority of the members of the Board of Directors of the Association pursuant to Section 3 of Article V of the Declaration, since all lots within Commercial Section 1B have been sold to owners other than Landfall, to-wit, and the Trustees own Lot A & B, Worsley owns Lot D, and Landfall Station owns Lots C & E; and WHEREAS, said owners hold more than 67% of the votes of the Association and wish to amend the Declaration; and the WHEREAS, the proposed amendment includes a re-subdivision of the Lots C and E and whereas pursuant to Article VIII, Architectural Committee of the Association shall approve the resubdivision and has done so as evidenced by Exhibit "A" attached.
NOW, THEREFORE, the undersigned being all of the members of the Association amend the Declaration to permit the following: Return to ALLEN and MacDONALD 217 N. 5th St., Wilmington, NC 521082 BOOK 2 3 5 1 1.
PAGE 0077 Pursuant to the provisions of Section 2 of Article VIII of the Declaration, the parties hereby re-subdivided Lots C and E as shown on the original Plat of the properties recorded in Map Book 34 at Page 30 of the New Hanover County Registry (original Lot C and E) into Lot C Revised and Lot E Revised as shown on the revised plat for said lots which is recorded in Map Book 37 at Page 398 of the New Hanover County Registry.
2. Pursuant to Article VIII, Section 2, the Directors of the
d Lot E Revised as shown on the revised plat for said lots which is recorded in Map Book 37 at Page 398 of the New Hanover County Registry.
2. Pursuant to Article VIII, Section 2, the Directors of the Association have approved this Amendment as evidenced by a copy of the minutes adopting this Amendment which is hereto attached and incorporated as Exhibit "A" and the Directors of the Association have further determined that the re-division of the lots adopted in this Amendment does not require a reallocation of votes or assessments.
3.
Except as specifically amended herein, the Declaration as amended by the previous Amendments shall remain in full force and effect.
IN WITNESS WHEREOF, all of the Trustees have hereunto set their hands and seals, Worsley has set his hand and seal and Landfall Station has caused this Fourth Amendment to be executed by its duly authorized Managing Members and its seal hereunto affixed, all as of the day and year first above written.
FRANK HAWKINS KENAN 1988 TRUST AS AMENDED BY: Elizabeth Price Kenan (SEAL) ELIZABETH PRICE KENAN, Trustee BY: (SEAL) THOMAS S. KENAN, III, Trustee BY: (SEAL) OWEN G. KENAN, Trustee BY: Anice Hawkins Feaan by BY: BY: ELIZABETH PRICE KENAN, Attorney-in-Fact for ANNICE HAWKINS KENAN, Trustee Elizabeth Kenan Howell.
ELIZABETH KENAN HOWELL, Trustee re BRAXTON SCHELL, Trustee (SEAL) (SEAL) 2 '98 MAY 6 PM 2 26 RECORDED A VERIFIED MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER CO. NC BOOK PAGE 2361 0078 BY: EARL M. WORSLEY, (SEAL) LANDFALL STATION, LLC, a North Carolina Limited Liability Company BY: Member/Manager BY: 5m Wirg Member Manager (SEAL) (SEAL) XXXXXXXXX STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify
ited Liability Company BY: Member/Manager BY: 5m Wirg Member Manager (SEAL) (SEAL) XXXXXXXXX STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Elizabeth Price Kenan, Trustee of the Frank H. Kenan Trust personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this 1998.
8th day of ROTARY Notary Public Amission Expires: :: June 17,2000 AMCOU STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Thomas S. Kenan, III, Trustee of the Frank H. Kenan Trust personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
3 BOOK PAGE 2361 0079 LET'S WITNESS my hand and official stamp or seal, this 1998.
OTARY PUBL sion Expires: y This 8th Snow day of Notary Public ・ june 17, 2000 OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify OWEN G. KENAN, Trustee of the Frank H. Kenan Trust mally appeared before me this day and acknowledged the due ten of the foregoing instrument.
NESS my hand and official stamp or seal, this 1998.
8th Phyllis P Snow My Commission Expires: : Juese Notary Public 17, 2000 day of STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Durham I, Phyllis P. Snow a Notary Public in and for the State and County aforesaid, do hereby certify that Elizabeth Price Kenan, Attorney-in-Fact for ANNICE H. KENAN, personally appeared before me this day and being by me duly sworn, says that she executed the foregoing instrument on and in behalf of ANNICE H.
KENAN, and that her authority to execute and acknowledge said instrument is contained in an instrument that was duly executed,
that she executed the foregoing instrument on and in behalf of ANNICE H.
KENAN, and that her authority to execute and acknowledge said instrument is contained in an instrument that was duly executed, acknowledged and recorded in the office of the Register of Deeds of New Hanover County on 6-11-97 in Book 2194 at Page 0120, and that this instrument was executed under and by virtue of the authority given by said instrument granting her Power of Attorney; that the said Elizabeth Price Kenan acknowledged the due execution of the foregoing instrument for the purposes therein expressed for and in behalf of said ANNICE H. KENAN.
STARY WITNESS my hand and notarial seal, this the (1998.
8th day of Phyllis Public i . now *sion Expires: June 17.2000 BOOK PAGE 2361 0080 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that ELIZABETH K. HOWELL, Trustee of the Frank H. Kenan Trust personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
LISTA PUBLA Ness my hand and official stamp or seal, this 198.
Session Expires: Phyllis 13: June 17,2000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER GUILFORD Notary Public day of I, a Notary Public of the County and State aforesaid, certify that BRAXTON SCHELL, Trustee of the Frank н. Kenan Trust, personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official stamp or seal, this 2nd day of 4998.
DDuncan asion Expires: 10/7/2001 OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public I, a Notary Public of the County and State aforesaid, certify that EARL M. WORSLEY, JR., personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
y Public I, a Notary Public of the County and State aforesaid, certify that EARL M. WORSLEY, JR., personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
April, 1998.
A WITNESS my hand and official stamp or seal, this 5th day of Ayn Rund My Commission Expires: 5-18-98 5 Notary Publ WARD ON LYNN NEW HA NOTARY PUBLIC HANOVER COUNTY.
2361 0 0 8 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid certify that JON T. Vincent" and EAR M. Wesley.
each, personally came before me this day and acknowledged that they are the Managing Members of LANDFALL STATION, LLC, and executed the foregoing instrument for the purposes therein expressed, for and on behalf of LANDFALL STATION, LLC.
WITNESS my hand and official stamp or seal, this the of April, 1998.
RLARI Notary Public A My Commission Expires: 51898 28th day LYNN NEW WARD NOTARY PUBLIC HANOVER ON COUNTY.
STATE OF NORTH CAROLINA New Hanover County Certificate(s) The foregoing t Cole (atents) Public is are certified to be correct.
This the.
by day of May 1998 Alary Sue Oots, Register of Deeds Phyllis Deputy 10 MSVIT 2361 0082 EXHIBIT "A" MINUTES OF DIRECTORS WITHOUT MEETING: The following Resolution was adopted by the written consent of all of the Directors of Commercial Section 1B at Landfall Owners Association, Inc., without meeting: WHEREAS, the owners of Lot C & E of Commercial Section 1B at Landfall have requested that they be permitted to re-subdivide said Lots as shown on the attached proposed amendment; and WHEREAS, the other lot owners within the Commercial Section 1B at Landfall have indicated that they would support said resubdivision; and WHEREAS, Article VIII of the Declaration of Covenants for
WHEREAS, the other lot owners within the Commercial Section 1B at Landfall have indicated that they would support said resubdivision; and WHEREAS, Article VIII of the Declaration of Covenants for Commercial Section 1B at Landfall Landfall Business Center, requires the approval of re-subdivision by the Directors of the Association.
WHEREAS, the directors hereby approve the re-subdivision of Lots C and E, as shown on the plat recorded in Map Book 37, Page 398 of the New Hanover County Registry and have determined that no reallocation of votes or assessments is necessary because of the re-subdivision and that the voting rights and assessment obligations shall remain the same as set out in the Second Amendment to Declaration recorded in Book 1839, Page 0216 of the New Hanover County Registry; and WHEREAS, the directors are acting in the dual capacity of directors and members of the Architectural Control Committee.
NOW, THEREFORE, the undersigned Directors do hereby ratify and approve the re-subdivision of Lots C and E, as set out in the Fourth Amendment to the Declaration of Covenants for Commercial Section 1B at Landfall Landfall Business Center to which Amendment the minutes are attached.
THIS the 8th day of April, 1998G JOHN P. GRAHAṀ Director JON 1. VINCENT Director отибаль EARL M. WORSLEY, JR. - Director