Amendment to Declaration Sample Clauses

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. [Signatures and acknowledgments begin on the following page] 6/14/11 11:01 AM Deleted: - 6/14/11 11:01 AM Deleted: - 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 , who acknowledged him[her]self to be the of Charlottesville Land Investment Group, LLC, a Virginia limited liability company, who is personally known to me, or has been satisfactorily proven to be, the person whose name is subscribed to the foregoing instrument, and [s]he acknowledged that [s]he, being so authorized to do, executed the foregoing instrument on behalf of such limited liability company for the purposes therein contained. My commission expires: 6/14/11 11:01 AM Deleted: By: HC Land Company, LC, a Virginia limited liability company, sole member By: (SEAL) 6/14/11 11:01 AM Deleted: 6/14/11 11:01 AM Deleted: HC Land Company, LC, a Virginia limited liability company which is the sole member of Notary Public – Registration No. [Signatures and acknowledgments continue on the following page] 6/14/11 11:01 AM Deleted: - 6/14/11 11:01 AM Deleted: - - 47 - CHARLOTTESVILLE LAND DEVELOPMENT GROUP, LLC, a Virginia limited liability company 6/14/11 11:01 AM Formatted: Indent: First line: 0.5" By: (SEAL) Name: Title: 6/14/11 11:01 AM Deleted: By: HC Land Company, LC, a Virginia limited 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 , who acknowledged him[her]self to be the of Charlottesville Land Development Group, LLC, a Virginia limited liability company, who is personally known to me, or has been satisfactorily proven to be, the person whose name is subscribed to the fore...
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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. This Declaration may be amended only by a written agreement executed by Owner and Declarant.
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. 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 Declaration shall not be amended or modified without the prior written consent of Declarant and Advance.
Amendment to Declaration. The provisions of the Cotenancy Agreement cannot be altered except by a one hundred percent (100%) vote of the undivided interests of all unit owners. The provisions of this Declaration controlled by the Cotenancy Agreement cannot be changed without a one hundred percent (100%) vote of the undivided interests of all unit owners. Except as otherwise provided herein, in the CC&Rs or in the Condominium Property Act, this Declaration may be amended upon the vote or written consent of seventy-five percent (75%) of the undivided interests of all unit owners, or such greater percentage as the owners may require by amendment hereof, such amendment shall be effective only upon the recording of an instrument setting forth the amendment duly executed by said owners or by the proper officers of the Association of Condominium Owners.
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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.
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. Amend the Declaration or any other agreement materially and adversely affecting the Project and/or waive any rights under the Declaration without the prior written consent of the Lender, which consent shall be in Lender’s sole discretion, acting reasonably. Without limiting the foregoing, LLC shall not withdraw any of the land encumbered by the Declaration.
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