14 2004019097 FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CHRISTIAN NEW HANOVER COUNTY, NC 2004 APR 16 12:17:01 PM BK:4278 PG:749-753 FEE: $23.00 INSTRUMENT #2004019097 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF OTTER CREEK LANDING LANDING YACHT CLUB, INC.
AS RECORDED IN BOOK 1240, PAGE 1849 BOOK 1284, PAGE 1683 and BOOK 1284, PAGE 1692 and BOOK 2084, PAGE 373 and BOOK 2253, PAGE 193 ALL OF THE NEW HANOVER COUNTY REGISTRY THIS AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF OTTER CREEK LANDING YACHT CLUB, made this day of pril ما 2004, by OTTER CREEK LANDING YACHT CLUB, INC., a North Carolina Non-Profit Corporation, with Articles of Amendment being recorded in Book 1284 at Page 1677 of the New Hanover County Registry.
WITNESSETH: WHEREAS, the Declaration of Covenants, Conditions and Restrictions of Otter Creek Landing Yacht Club and the Amendments thereto as recorded in the New Hanover County Registry as hereinabove referenced, provide that the Declaration and the Amendments thereto may be further amended by instrument duly recorded in the Office of the Register of Deeds of New Hanover County if signed by not less than two-thirds of the owners; and WHEREAS, Otter Creek Landing Yacht Club wishes to amend the following portions of the Declaration of Covenants, Conditions and Restrictions of Otter Creek Landing Yacht Club as recorded in Book 1240 at Page 1849, et seq. Article IX, INSURANCE.
WHEREAS, pursuant to Article VIII of the Declaration of Covenants, Conditions and Restrictions of Otter Creek Landing Yacht Club, Inc. as recorded in Book 1240, Page 1849, et seq., entitled "Amendment of Declaration", Section 4,
VIII of the Declaration of Covenants, Conditions and Restrictions of Otter Creek Landing Yacht Club, Inc. as recorded in Book 1240, Page 1849, et seq., entitled "Amendment of Declaration", Section 4, Declaration" the Covenants and Restrictions of the Declaration may be amended by an "Amendment of instrument duly recorded in the Office of the Register of Deeds of New Hanover County signed by not less than two-thirds of the owners as certified by the Secretary of the Yacht Club; and WHEREAS, more than two-thirds of the owners have consented to the amendment as hereinbelow set out as evidenced by Exhibit "A" attached hereto and incorporated herein by reference; and NOW, THEREFORE, OTTER CREEK LANDING YACHT CLUB, INC. hereby amends the Declaration of Covenants, Conditions and Restrictions of Otter Creek Yacht Club, Inc. as recorded in Book 1240, Page 1849 as amended as hereinabove described, all as recorded in the New Hanover County Registry, as follows: 1. By the addition of a new section to Article IX, as follows: "In the event that commercial insurance is unavailable or in the event that commercial insurance becomes fiscally impractical, the association may become self-insured, wherein any damages in excess of the amount of funds on reserve shall be obtained by the assessement of the slip owners.
Except as amended hereby, the Declaration of Covenants Conditions and Restrictions of Otter Creek Landing Yacht Club as hereinabove referenced shall remain in full force and effect.
IN TESTIMONY WHEREOF, OTTER CREEK LANDING YACHT CLUB, INC. has caused this AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS to be signed in its corporate name and duly attested and sealed with its corporate seal on the day and year first above written.
AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS to be signed in its corporate name and duly attested and sealed with its corporate seal on the day and year first above written.
OTTER CREEK LANDING YACHT CLUB, INC.
ATTEST ST Chris Kellf Secretary (Corporate Seal) BY: W -2President STATE OF NORTH CAROLINA COUNTY OF New Hanover 1, VA Beur - Helmy, a Notary Public in and for the State and County aforesaid, hereby certify that Chris Kelly personally appeared before me this day and acknowledged that she is Secretary of OTTER CREEK LANDING YACHT CLUB, INC. a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corperate seal and attested by her/him as its Secretary.
WITNESS my hand and notarial stamp or seal, this the Capril 2004.
ما day of Naks My Commission Expires: 8/5/04 -3BEURY Notary Public LMS NOTARY PUBLIC NEW HAND COUNTY, NO I, Chris EXHIBIT A is after being first duly sworn, do depose and state that on the Jully, Secretary of Otter Creek Landing Yacht Club, Inc., 2/6/2004 a vote by the association was held as the same relates to the attached amendment and of the total possible votes of 97, there were 90 votes cast, of which 66 voted in approval and 24 voted against, said vote constitute the majority as required for an amendment as so provided in the By-Laws and Declaration and Restrictions for Otter Creek Landing Yacht Club.
6 This the day of 2004.
Chris Ke Secretary OTTER CREEK LANDING YACHT CLUB, INC.
Sworn to and subscribed before me, this the 4 day of april, 2004.
ав Notary Public My Commission Expires: 8/5/04 BEURY-HELMS NOTARY PUBLIC -4NEW HA COUNTY, NC NEW HANOVER STATE OF COUNTY NORTH * CAROLINA
to and subscribed before me, this the 4 day of april, 2004.
ав Notary Public My Commission Expires: 8/5/04 BEURY-HELMS NOTARY PUBLIC -4NEW HA COUNTY, NC NEW HANOVER STATE OF COUNTY NORTH * CAROLINA REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 04/16/2004 12:17:01 PM Book: RE 4278 Page: 749-753 Document No.: 2004019097 AMD DECL 5 PGS $23.00 Recorder: JACQUELINE NELSON State of North Carolina, County of New Hanover The foregoing certificate of VA BEURY-HELMS Notary is certified to be correct. This 16TH of April 2004 REBECCAT. CHRISTIAN, REGISTER OF DEEDS By: Deputy/Assistant Register of Deeds.
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2004019097