HomeMy WebLinkAbout2nd Amendment_Declaration of Restrictions, Covenants & Bylaws 11-08-19Cross -Reference: Instrument
No.
2005-00029149
(Declaration)
Instrument
No.
2010020214
(First Amendment to Declaration)
SECOND AMENDMENT TO DECLARATION OF CONDOMINIUM, EASEMENTS,
RESTRICTIONS, COVENANTS AND BYLAWS FOR
THE WENTWORTH AT WESTCLAY CONDOMINIUMS
This Second Amendment to Declaration of Condominium, Easements, Restrictions,
Covenants and Bylaws for The W�1ltworth at WestClay Condominiums (the "Amendment") is
entered into as of November � 2019, by The Wentworth at WestClay Condominiums
Homeowners Association, Inc., as successor in interest to West Clay LLC ("Declarant").
RECITALS:
WHEREAS, WestClay Associates, LLC, as predecessor in interest to West Clay LLC,
executed a Declaration of Condominium, Easements, Restrictions, Covenants and Bylaws for The
Wentworth at WestClay Condominiums on May 4, 2005, which was recorded with the Hamilton
County Recorder on May 12, 2005, as Instrument No. 2005-00029149, as amended by that certain
First Amendment of Condominium, Easements, Restrictions, Covenants and Bylaws for The
Wentworth at WestClay Condominiums on May 1, 2010, which was recorded with the Hamilton
County Recorder on May 7, 2010, as Instrument No. 2010020214 (as amended, collectively the
"Declaration"); and
WI�REAS, Declarant desires to amend the Declazation to make certain amendments to
the Declaration regarding the Code of Bylaws and special amendments to the Declaration;
NOW, THEREFORE, Declarant does hereby amend the Declaration, as follows:
1. Special Amendments. In Section 26.6.1, the phrase "without the approval of 100%
of the Co -Owners and all Mortgagees" is deleted in its entirety and the phrase "without the
approval of 100% of the Co -Owners whose Percentage Interest is being changed and their
respective Mortgagees" is substituted in lieu thereof.
2. Code ofB,�1ti aws. The third sentence in Section 3.09 ofthe Bylaws is hereby deleted
in its entirety, and shall hereafter read as follows:
"There shall be at least one (1) regular meefing of the Directors annually."
25904102.1
3. No Other Modifications. Except as expressly amended and modified hereby, all of
the covenants and conditions of the Declaration, as amended by this Amendment, are ratified and
confirmed by Declarant.
4.
Defined
Terms. Except
as otherwise noted
herein, all references to capitalized
terms shall
correspond
to the capitalized
terms defined in the
Declaration.
[Remainder of page left intentionally blank; signature page to follow]
25904102.1
IN WITNESS WHEREOF, the undersigned Declarant has caused this Amendment to be
executed as of the day and year first above written.
The Wentworth at WestClay Condominiums
Homeowners AssociaflonrTtrc.-,
Mark`i omyn, Yresld�tx�'"It
By:
David Ponader, Secretary
STATE OF INDIANA )
SS:
COUNTY OF [RAP I ei )
Before Notary Public in and for said County and State, personally appeared Mark
Tomyn and David Ponader as President and Secretary, respectively, of The Wentworth at
WestClay Condominiums Homeowners Association, Inc., who acknowledged the execution of the
foregoing for and on behalf of Declarant.
Witness my hand and Notarial Seal this 0 (q day of November, 2019.
(signature)
(printed name)
My County of Residence: (�I\�1 � t� I t> ti7 ANDREA M. ROELL
NOTARY PUBLIC
My Commission Expires: 1 Q�> g. q SEAL
MARION COUNTY, STATE OF INDIANA
My commission Expires: November 8, 2024
Commission No. 692452
This instrument prepared by Chelsea R. Spickehnier, Taft Stettinius &Hollister LLP, One Indiana
Square, Suite 3500, Indianapolis, Indiana 46204-4208.
I affirm,
under the penalties for perjury, that I have taken
reasonable
care to redact each Social
Security
numbers in this document, unless required by law.
Chelsea R.
Spickelmier
25904102.1
CONSENT OF MORTGAGEE
The undersigned, being the holder of a Construction Mortgage, Security Agreement,
Assignment of Rents and Leases and Fixture Filing dated November 7, 2017 and recorded on
November 13, 2017 as Instrument No. 2017056186 in the Office of the Recorder of Hamilton
County, Indiana, and the holder of an Assignment of Leases and Rents dated November 7, 2017
and recorded on November 13, 2017 as Instrument No. 2017056187, as the same may have been
modified and amended, hereby consents to the foregoing Second Amendment to Declaration of
Condominium, Easements, Restrictions, Covenants and Bylaws for The Wentworth at WestClay
Condominiums, and hereby subordinates said Mortgage and Assignment to said Second
Amendment to Declaration of Condominium, Easements, Restrictions, Covenants and Bylaws for
The Wentworth at WestClay Condominiums,
Dated: November �� 2019.
STATE OF INDIANA )
} ss.
COUNTY OF ?1 )
BUSEY BANK
Title:, -
Before me, a Notary Public in and for said County and State, personally appeared�ftlr�
of Busey Bank, who acknowledged the execution of the
above and foregoing instrument for and on behalf of said bank.
Dated this j� day of November, 2019.
My Commission Expires; 6(Q%l 0�
County of Residence:
259D4102,1
,1u fl�/ttudd;? Notary Public