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944343'7
INSTRUMENT OF,DESIGNATION
This Instrument of Designation, dated as of the 12th day of October, 1994, by
BRENWICK I -AND COMPANY, L.P., an Indiana limited partnership (formerly knoyn as
Waterstone Land Company, L.P.), "' o "r'
This InattumentAecordad a C T14 WITNESSETH THAT:
Sharon K. Cherry, recorder, Hamilton County IN:
A. Brenwick Land Company, L.P. is the Declarant under the 17ecl�rattg01 af�
Covenants and Restrictions for Waterstone dated December 15, 1992 and retarded
December 31, 1992 as Instrument No. 9252058 in the Office of the Recorder of Hamilton
County, Indiana (the "Declaration").
B. Paragraph b(c) of the Declaration authorizes Declarant by the execution and
recordation of an Instrument of Designation to grant to the owners of certain Lots the right
to the exclusive use of a Common Dock.
C. Declarant desires to designate Common Docks as appurtenant to various Lots
in Waterstone.
NOW, THEREFORE, Declarant hereby declares that:
1. D Gnitim Words, phrases and terms that are defined in the Declaration
have the same meaning in this Instrument of Designation except as herein otherwise
provided.
2. Instlilgien of rommQn- Docks. Declarant intends, but is not obligated, to
install Common Docks at the Iocations shown on the "Community Boat Dock Location
Exhibit" (the "Exhibit") attached hereto.
3. Dgsienation. To the extent some or all of the Common Docks are installed
as depicted on the Exhibit, Declarant hereby grants to the Owners of each of the Lots which
are numerically designated on the Exhibit as having assigned thereto a Common Dock the
right to the exclusive use of the Common Dock depicted thereon as being assigned to such
Lot, subject to the terms and provisions of the Declaration and all other applicable
Restrictions. Subject to the provisions of Paragraph 4 of this Instrument of Designation,
such right of exclusive use shall be appurtenant to such Lot, shall pass with title to the Lot
and may not be separated from the title to such Lot.
4. Reserved —Rights of Declarant. Declarant reserves the right prior to the
Applicable Date to revoke any designation of a Common Dock set forth herein or on the
Exhibit; provided, however, that Declarant may not revoke any designation with respect to
a Lot the title to which has been conveyed by Declarant without the written consent of the
then Owner of such Lot.
5. Non -Liability of Declarant. Declarant shall have no duties, obligations or
liabilities hereunder except such as are expressly assumed by Declarant, and no duty of, or
warranty by, Declarant shall be implied by or inferred from any term or provision of this
Instrument of Designation.
IN WITNESS WHEREOF, this Instrument of Designation has been executed as of
the date first above written.
BRENWICK LAND COMP1ANY, LP.
By C U
Tom Charles Huston, Assistant General Manager
STATE OF INDIANA )
) SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally appeared
Tom Charles Huston, the Assistant General Manager of Brenwick Land Company, LP., an
Indiana limited partnership, (formerly known as Waterstone Land Company, LP.) who
acknowledged the execution of the foregoing Instrument of Designation for and on behalf
of said partnership.
WITNESS my hand and Notarial Seal this 12thday of October, 1994,
�',V'VaaWSX, ,�LI'
Notary Public Residing in Greene Coihtty`�
My Commission Expires: Von Leigh Wilton
(printedfi�jme5 .
August 13, 1995 0.;� ......••,�
This instrument prepared by Tom Charles Huston, Attorney at Law, 1313 Merchants Bank
Building, 11 South Meridian Street, Indianapolis, Indiana 46204.
TCH M2
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