Loading...
HomeMy WebLinkAboutCCRs Recorded2018045201 AMEN $25.00 09/27/2018 03:46:41PM 25 PGS Jennifer Hayden Hamilton County Recorder IN CDH Recorded as Presented II II II II I II I II I I II I III II Cross Reference: Instrument No. 2008061471; Instrument Number 2009001339 AMENDED AND RESTATED DECLARATION OF COVENANTS AND RESTRICTIONS OF WOODHALL LANE THIS AMENDED AND RESTATED DECLARATION ("Declaration"), made as of the oday of September, 2018, by Woodhall, LLC ("Declarant"); WITNESSETH: WHEREAS, the following facts are true: A. Declarant is the legal or equitable owner of the real estate located in Hamilton County, Indiana, described in Exhibit A, upon which Declarant has developed a residential subdivision known as Woodhall Lane (hereafter "Woodhall"). B. Declarant has constructed certain improvements and amenities which shall constitute the Community Area, C. Declarant desires to provide for the preservation and enhancement of the property values, amenities and opportunities in Woodhall and for the maintenance of the Tract and the improvements thereon, and to this end desires to subject the Tract to the covenants, restrictions, easements, charges and liens hereinafter set forth, each of which is for the benefit of the Lots and lands in the Tract and the future owner thereof. D. Declarant deems it desirable, for the efficient preservation of the values and amenities in Woodhall, to create an agency to which may be delegated and assigned the powers of owning, maintaining and administering the Community Area, administering and enforcing the Restrictions, collecting and disbursing the Assessments and charges hereinafter created, promoting the recreation, health, safety and welfare of the Owners of Lots in Woodhall, and performing the duties and obligations required under this Declaration. E. Declarant shall incorporate (or reinstate the incorporation) under the laws of the State of Indiana non-profit corporation known as Woodhall Lane HOA, Inc., for the purpose of exercising such functions. F. Declarant desires that this Declaration amend and restate in its entirety that certain Declaration of Covenants, Conditions and Restrictions of Woodhall Lane recorded in. the Office of the 1 Recorder of Hamilton County, Indiana on December 22, 2008 as Instrument No. 2008061471 (the "Original Declaration"). NOW, THEREFORE, Declarant hereby declares that all of the Lots and lands in the Tract as they are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, are subject to the following Restrictions, all of which are declared to be in furtherance of a plan for the improvement and sale of Lots in the Tract, and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the Tract as a whole and of each of Residences, Lots and lands situated therein. The Restrictions shall run with the land and shall be binding upon Declarant, its successors and assigns, and upon the parties having or acquiring any interest in the Tract or any part or parts thereof subject to such Restrictions, and shall inure to the benefit of Declarant and its successors in title to the Tract or any part or parts thereof. 1) Definitions: The following terms, as used in this Declaration, unless the context. clearly requires otherwise, shall mean the following: "Architectural Review Board" means that entity established pursuant to this Declaration for the purposes therein stated. "Articles" means the Articles of Incorporation of the Corporation, as amended. from time to time. "Assessments" means all sums lawfully assessed against the Members of the Corporation or as declared by this Declaration, any Supplemental Declaration, the Articles or the By- Laws. "Board of Directors" means the governing body of the Corporation elected by the Members in accordance with the By -Laws. "Builder" shall mean any home builder hired by an Owner to construct a Residence on a Lot. "By -Laws" means the Code of By -Laws of the Corporation, as amended from time to time. "Woodhall" means the name by which the Tract shall be known. "Class B Termination Date" means the date as described in Section 8 (c) (ii) herein. "City" means the city of Carmel, Indiana. "Class A Member" shall have the meaning ascribed to such term in Section 8 (c) (i) herein. "Class B Member" shall have the meaning ascribed to such term in Section 8 (c) (ii) herein. "Common Area" means the ground designated as such on the Plat. "Community Area" means (i) the Drainage System, (ii) the area designated on the Plat as Common Area, (iii) the Entry Ways, (iv) any utility service lines or facilities not maintained by a public utility company or governmental agency that are located on, over or below or through the Development Area, (v) any areas of land (1) shown on any Plat, (2) described in any 2 recorded instrument prepared by Declarant or its agents, or (3) conveyed to or acquired by the Corporation, together with all improvements thereto, that are intended to be devoted to the use or enjoyment of some, but not necessarily all, of the Owners of Lots; (vi) the :Private Street; and (vii) street lights and street signs, if any, installed by Declarant. "Corporation" means Woodhall Lane HOA, Inc., an Indiana non-profit corporation, its successors and assigns. "Declarant" means Woodhall, LLC, its successors and assigns to its interest in the Tract other than Owners purchasing Lots or Residences by deed from Declarant (unless the conveyance indicated an intent that the grantee assume the rights and obligations of Declarant). "Development Area" means the land described in Exhibit A (sometimes referred to herein as Tract). "Drainage System" means the open drainage ditches and swales, the subsurface drainage tiles, pipes and structures, the dry and wet retention and/or detention ponds, and the other structures, fixtures, properties, equipment and facilities located in the Tract and designed for the purpose of controlling, retaining or expediting the drainage of surface and subsurface waters from, over and across the Tract, including but not limited to those shown or referred to on a Plat, all or part of which may be established as legal drains subject to the jurisdiction of the City of Carmel. "Entry Ways" means the structures constructed as an entrance to Woodhall or a part thereof (exclusive of the street pavement, curbs and drainage structures and tiles). "General Plan of Development" means that plan prepared by Declarant and approved, if necessary, by appropriate public agencies that outlines the total scheme of development and general uses of land in the Development Area, as such may be amended from time to time. "Lot" means a platted lot as shown on the Plat of Woodhall Lane. "Lot Development Plan" means (i) a site plan prepared by a licensed engineer or architect, (ii) foundation plan and proposed finished floor elevations, (iii) building plans, including elevation and floor plans, (iv) material plans and specifications, (v) landscaping plan, and (vi) all other data or information that the Architectural Review Board may request with respect to the improvement or alteration of a Lot (including but not limited to the landscaping thereof) or the construction or alteration of a Residence or other structure or improvement thereon. "Maintenance Costs" means all of the costs necessary to keep the facilities to which the term applies operational and in good condition, including but not limited to the cost of all upkeep, maintenance, repair, replacement of all or any part of any such facility, payment of all insurance with respect thereto, all taxes imposed on the facility and on the underlying land, leasehold, easement or right-of-way, and any other expense related to the continuous maintenance, operation or improvement of the facility, and all expenses related to the performance of the duties of the Association under this Declaration. "Majority in Interest" means the vote of at least seven (7) of the nine (9) Class A Members. "Member" means, individually, a Class A or Class B Member of the Corporation and "Members" means, collectively, Class A and Class B Members of the Corporation, all as described in Section 8 (c) hereof and in the Articles of Incorporation and By Laws of the Corporation . "Mortgagee" means the holder of a first mortgage on a Residence. "Owner" means a Person, including Declarant, who owns a fee simple interest. in a Lot at any time. "Person" means an individual, firm, corporation, partnership, association, trust: or other legal entity, or any combination thereof. "Plat" means a final secondary plat of the Development Area recorded in the Office of the Recorder of Hamilton County, Indiana on January 13, 2009 as Instrument Number 2009001339. "Private Street" means the street designated on the Plat as "Woodhall Lane" or "Common Area E." "Register of Regulations" means the document containing rules, regulations, policies, and procedures adopted by the Board of Directors or the Architectural Review Board, as the same may from time to time be amended. "Reserve for Replacements" means a fund established and maintained by the Corporation to meet the cost of periodic maintenance, repairs, renewal and replacement of the Community Area. "Residence" means any structure intended exclusively for occupancy by a single family together with all appurtenances thereto, including private garage and outbuildings and recreational facilities usual and incidental to the use of a single family residential lot. "Restrictions" means the covenants, conditions, easements, charges, liens, restrictions, rules and regulations and all other provisions set forth in this Declaration, all applicable Supplemental Declarations and the Register of Regulations, as the same may, from time to time be amended. "Supplemental Declaration" means any supplementary declaration of covenants, conditions or restrictions that may be recorded and contains such complementary or supplementary provisions as are required or permitted by this Declaration. "Tract" means the real estate described in Exhibit A. "Zoning Authority" with respect to any action means the Director of the Department of Metropolitan Development of the City of Carmel or, where they lack the capacity to take 4 action, or fails to take such action, the governmental body or bodies, administrative or judicial, in which authority is vested under applicable law to hear appeals from, or review the action, or the failure to act, of the Director. 2) Declaration. Declarant hereby expressly declares that the Tract shall be subject to these Restrictions. The Owner of any Lot subject to these Restrictions, by (i) acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from Declarant or a subsequent Owner of such Lot, or (ii) by the act of occupancy of any Lot, shall accept such deed and execute such contract subject to each Restriction and agreement herein contained. By acceptance of such deed or execution of such contract, each Owner acknowledges the rights and powers of Declarant and of the Corporation with respect to these Restrictions to keep, observe, comply with and perform such Restrictions and agreement. 3) Drainage System. The Drainage System has or will be constructed for the purpose of controlling drainage within the Development Area. The Corporation shall maintain the Drainage System in good condition satisfactory for the purpose for which it was constructed and the Maintenance Costs thereof shall be assessed against all Lots. Each Owner shall be individually liable for the cost of maintenance of any drainage system located entirely upon their Lot which is devoted exclusively to drainage of their Residence and/or Lot and is not maintained by the Corporation. 4) Maintenance of Entry Ways and Community Area. The Corporation shall maintain the Entry Ways and the Community Area, and all improvements and plantings thereon, and the Maintenance Costs thereof shall be assessed as a General Assessment against all Lots subject to assessment. Grass, trees, shrubs and other plantings located on an Entry Way or within the Community Area shall be kept neatly cut, cultivated or trimmed as reasonably required to maintain an attractive entrance to Woodhall or a part thereof or a planting area within Woodhall. All entrance signs and lighting located on an Entry Way shall be maintained at all times in good and sightly condition appropriate to a first-class residential subdivision. The Declarant and the Corporation shall at the written request of the Hamilton County Engineer ("Engineer"), remove any landscaping or signage deemed by the Engineer to encroach on or impede sight distance for public safety reasons. 5) Construction of Residences. a) Land Use. Lots may be used only for residential purposes and only one Residence may be constructed thereon. No portion of any Lot may be sold or subdivided such that there will be a greater number of Residences in Woodhall than the number of original Lots depicted on the Plat. Notwithstanding any provision in the applicable zoning ordinance to the contrary, no Lot may be used for any "Special Use" that is not clearly incidental and necessary to single family dwellings. No home occupation shall be conducted or maintained on any Lot other than one which does not constitute a "Special Use" and is incidental to a business, profession or occupation of the Owner or occupant of such Lot and which is generally or regularly conducted at another location which is away from such Lot. No signs of any nature, kind or description shall be erected, placed, or permitted to remain on any Lot advertising a permitted home occupation. 5 b) Size of Residence. Except as otherwise provided herein, no residence may be constructed on any lot unless such Residence, exclusive of open porches, attached garages and basements, shall have a total floor area shall not be less than 3,250 square feet (with at least 2,500 square feet on the first floor (main) level of the Residence if it is a two-story). c) Temporary Structures. No trailer, shack, tent, board, basement, garage or other outbuilding may be located on the Tract. d) Building Location. No building may be erected between the building line shown on a Plat and the front Lot line. e) Driveways. All driveways shall be constructed of concrete or such other rnaterial as shall be approved by the Architectural Review Board, and shall be maintained free of debris. f) Storage Tanks. No gas or oil storage tanks shall be located on the Tract. g) Construction and Landscaping. All construction upon, landscaping of and other improvements to a Lot shall be completed strictly in accordance with the Lot ]Development Plan approved by the Architectural Review Board. All landscaping specified on the landscaping plan approved by the Architectural Review Board shall be installed on the Lot strictly in accordance with such approved plan within thirty (30) days following substantial completion of the Residence unless such completion occurs during the winter which for purposes herein shall be defined as October 15th through March 301h in which case landscaping completion shall occur no later than May 31st, or unless the Board agrees to a. later landscaping completion date. The commencement of construction of any Residence shall be occur within not more than forty eight (48) months following the closing date of the purchase of a Lot by the original Owner of such Lot from the Declarant and construction shall be completed within eighteen (18) months following commencement of construction. h) Mailboxes. All mailboxes installed upon Lots shall be uniform and shall be of a type, color and manufacturer approved by the Architectural Review Board. Such mailboxes shall be installed upon posts approved as to type, size and location by the Architectural Review Board. No attachments of any kind shall be permitted to the mailbox or post. i) Septic Systems. No septic tank, absorption field or any other on -site sewage disposal system shall be installed or maintained on any Lot. j) Water Systems. No private or semi -private water supply system may be located upon any lot which is not in compliance with regulations or procedures adopted or established by the Indiana State Board of Health, or other civil authority having jurisdiction. To the extent that domestic water service is available from a water line located within 200 feet of the lot line maintained by a public or private utility company, each Owner shall connect to such water line to provide water for domestic use on the Lot and shall pay all connection, availability or other charges lawfully established with respect to connections thereto. 6) Drainage. In the event storm water drainage from any Lot or Lots flows across another Lot, provision shall be made by the Owner of such Lot to permit such drainage to continue, without restriction or reduction, across the downstream Lot and into the natural drainage channel or 0 course, although no specific drainage easement for such flow of water is provided on the Plat. The "Drainage Easements" reserved as drainage swales shall be maintained by the Owner of the Lot upon which such easements are located such that water from any adjacent Lot shall have adequate drainage along such swale. Lots within Woodhall may be included in a legal drain established by the Department of Public Works. In such event, each Lot in Woodhall may be subject to assessment by the Department of Public Works for the cost of maintenance of the portion of the Drainage System and/or the basins included in such legal drain, which assessment will be a lien against the Lot. The elevation of a Lot shall not be changed so as to affect materially the surface elevation or grade of surrounding Lots. Perimeter foundation drains, sump pump drains and downspouts shall not be outletted into streets or street rights -of - way. These drains shall be connected whenever feasible into a subsurface drainage tile. Each Owner shall maintain the subsurface drains and tiles located on their Lot and shall be liable for the cost of all repairs thereto or replacements thereof. 7) Maintenance of Lots. a) Vehicle Parking. No camper, motor home, truck, trailer, boat, motorcycle, bus, commercial vehicle of any kind, or disabled vehicle may be parked or stored overnight or longer on any Lot. b) Signs. Except for such signs as Declarant may in its absolute discretion display in connection with the development of Woodhall and the sale of Lots therein and such signs as my be located on the Community Area, no sign of any kind shall be displayed to t:he public view on any Lot except that one sign of not more than four (4) square feet may be displayed at any time for the purpose of advertising the property for sale or may be displayed by a builder to advertise the property- during construction and sale. c) Fencing. No fence, wall, hedge or shrub planting higher than eighteen (18) inches shall be permitted between the front property line and the front building set -back line except where such planting is located on a Community Area or is part of Residence landscaping and the prime root thereof is within four (4) feet of the Residence. Trees shall not be deemed "shrubs" unless planted in such a manner as to constitute a "hedge". No chain link fence shall be erected upon a Lot. No fence shall be erected or maintained on or within any Community Area except such as may be installed by Declarant and subsequently replaced by the Corporation in such manner as to preserve the uniformity or such fence. In no event may any fence be erected or maintained on any Lot without the prior approval of the Architectural Review Board, which may establish design standards for fences and further restrictions without respect to fencing, including limitations on (or prohibition of) the installation of fences in the rear yard of a Lot and along the bank of any drainage basin. All fences shall be kept in good repair. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting points 25 feet from the intersection of said street lines, or in the case of a street line with the edge of a driveway pavement or alley line. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines. 7 d) Nuisances. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. Barking dogs shall constitute a nuisance. e) Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for trash. Rubbish, garbage or other waste shall be kept in sanitary containers approved by the Architectural Review Board and out of public sight, except for the evening prior to and the day of garbage pickup. All equipment for storage or disposal of such materials shall be kept clean and sanitary. f) Livestock and Poultry. No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purpose. The owners of such permitted pets shall confine them to their respective Lots such that they will not be a nuisance. Owners of dogs shall so control or confine them so as to avoid barking which will annoy or disturb adjoining Owners. g) Outside Burning. No trash, leaves, or other materials shall be burned upon a Lot. h) Antennas and Receivers. No satellite receiver, down -link, or exterior antenna shall be permitted on any Lot without the prior written consent of the Architectural Review Board, The Architectural Review Board shall not be obligated to give its consent to the installation of any exterior television antenna if television reception is available from underground cable connections serving the Lot or to the installation of any other exterior antenna, if all Owners of Lots within 200 feet of the Lot upon which the proposed antenna would be erected do not consent in writing to the installation thereof. i) Exterior Lights. No exterior lights shall be erected or maintained between the building line and rear lot line so as to shine or reflect directly upon another Lot. j) Electric Bug Killers. Electric bug killers, "zappers" and other similar devices shall not be installed at a location or locations which will result in the operation thereof becoming a nuisance or annoyance to other Owners and shall only be operated when outside activities require the use thereof and not continuously. k) Outdoor Equipment. No playground equipment or basketball goals or above -ground swimming pools shall be placed or maintained on any Lot. Awnings, statues and yard ornaments may be permitted subject to prior approval by the Architectural Review Board. 1) Garage Doors. All garage doors shall remain fully lowered and closed except when in use for ingress and egress to the garage. Garage doors should not be permitted to directly face Woodhall Lane without the permission of the Architectural Review Board. m) Sheds. No storage sheds or mini -barns shall be placed or maintained on any Lot. n) Periodic Watering of Lawns. Each lot owner shall water the lawn area of the lot on a regular basis sufficient to maintain a lush green yard. If an Owner fails to comply with this restriction, the Architectural Review Board shall have the right to water the lawn at the expense 8 of the Owner thereof and the Architectural Review Board shall have a lien against the watered Lot for the expense thereof. o) Maintenance of Lots Owned by Declarant. Declarant shall have the responsibility to maintain all lots owned by Declarant. 8) Woodhall HOA, Inc. a) Ownership /Members. Each Owner shall automatically be a Member and shall, subject to any limitations contained herein (including without limitations on voting as described is Section 8 (c) (i) below), enjoy the privileges and be bound by the obligations contained in the Articles and By -Laws. If a Person would realize upon their security and become an Owner, they shall then be subject to all the requirements and limitations imposed by this Declaration on other Owners, including those provisions with respect to the payment of Assessments. b) Powers. The Corporation shall have such powers as are set forth in this Declaration and in the Articles, together with all other powers that belong to it by law. c) Classes of Members. The Corporation shall have two (2) classes of Members as follows: i) Class A. Every Person who is an Owner shall be a Class A Member (including Builder and/or Declarant during such times as either Builder or Declarant owns a Lot); provided, however, for voting purposes, in the event more than one (1) Person holds title to any Lot, the vote for such Lot shall be exercised as such Persons may determine among themselves but in no event shall more than one (1) vote be cast with respect to any one (1) Lot. As a result, for voting purposes, there shall be a total of nine (9) Class A Members (i.e. one vote per Lot total). ii) Class B. Declarant shall be the only Class B Member. Declarant shall no longer be a Class B Member upon the date which the earliest of the following shall occur: (i) Declarant shall submit Declarant's formal resignation in writing to the Corporation; (ii) a total of seven (7) Lots are owned by Owners other than Declarant; or (iii) on December 31, 2020. The date upon which the earliest of the foregoing conditions occurs shall be defined herein as the "Class B Termination Date". d) Voting and Other Rights of Members. Until the Class B Termination Date, the Class B Member (i) shall have one -hundred percent (100%) of the voting rights of the Corporation and, (ii) unless otherwise limited herein, may make any and all decisions regarding the Corporation in the Class B Member's discretion. The Class B Member shall make such decisions acting in good faith and using commercially reasonable standards. Upon the Class B Termination Date, each Class A Member shall have one (1) vote per Lot. The voting and other rights of Members shall be as specified in the Articles and By -Laws, which shall be consistent with this subsection. e) Reserve for Replacements. The Board of Directors may establish and maintain the Reserve for Replacements by the allocation and payment to such reserve fund of an amount determined 9 annually by the Board to be sufficient to meet the cost of periodic maintenance, repairs, renewal and replacement of the Community Area. In determining the amount, the Board shall take into consideration the expected useful life of the Community Area, projected increases in the cost of materials and labor, interest to be earned by such fund and the advice of Declarant or such consultants as the Board may employ. The Reserve for Replacements shall be deposited in a special account with a lending institution the accounts of which are insured by an agency of the United States of America or may, in the discretion of the Board, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. f) Limitations on Action by the Corporation. The Class B Member, the Corporation or the Board of Directors may not do or perform any of the following unless a Majority in Interest of the Class A Members have given their prior written approval: (i) except as authorized by Paragraph 11(a), by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Community Area (but the granting of easements for public utilities or other public purposes consistent with the intended use of the Community Area shall not be deemed a transfer for the purposes of this clause); (ii) fail to maintain fire and extended coverage on insurable Community Area on a current replacement cost basis in an amount at least one hundred percent (100%) of the insurable value (based on current replacement cost); (iii) use hazard insurance proceeds for losses to any Community Area for other than the repair, replacement or reconstruction of the Community Area; (iv) change the method of determining the obligations, assessments, dues or other charges that may be :levied against the Owner of a Residence; (v) by act or omission change, waive or abandon any scheme of regulations or their enforcement pertaining to the architectural design or the exterior appearance of Residences, or the maintenance and upkeep of the Community Area; or (vi) fail to maintain the Reserve for Replacements in the amount required by this Declaration. g) Mergers. Upon a merger or consolidation of another corporation with the corporation, its properties, rights and obligations may, as provided in its articles of incorporation or, alternatively, the properties, rights and obligations of another corporation may by operation of law be added to the properties, rights and obligations of the Corporation as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and restrictions established by this Declaration within the Tract together with the covenants and restrictions established upon any other properties as one scheme. No other merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Tract except as hereinafter provided. h) Termination of Class B Member. Wherever in this Declaration the consent, approval or vote of the Class B Member is required, such requirement shall cease upon the Class B Termination Date, but no such termination shall affect the rights and powers of Declarant set forth in this declaration. 9) Assessments. a) Creation of the Lien and Personal Obligation of Assessments. Declarant hereby covenants, and each Owner of any Lot by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Corporation the 10 following: (1) General Assessments; (2) Architectural Control Assessments; (3) Transfer Assessments; and (3) Special Assessments, such Assessments to be established and collected as hereinafter provided. All Assessments, together with interest thereon and costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Assessment, together with interest thereon and costs of collection thereof, shall also be the personal obligation of the Person who was the Owner of the Lot at the time when the Assessment became due. b) General Assessment. i) Purpose of Assessment. The General Assessment levied by the Corporation shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners of Lots, for the improvement, maintenance and operation of the Community Area, and for the performance of the duties and responsibilities of the Corporation established by this Declaration. ii) Basis for Assessment. (1) Lots Generally. Each lot owned by a Person other than Declarant or Builder, shall be assessed. (2) Unimproved Lots. Each lot owned by a Person other than Declarant on which construction of a residence has not commenced, shall be assessed as an Unimproved Lot. (3) Improved Lots. Each lot owned by a Person other than Declarant on which construction of a residence has commenced, shall be assessed as an Improved Lot. (4) Change in Basis. The basis of assessment may only be; changed with the assent of the Class B Member and a Majority in Interest of the Class A Members who are voting in person or by proxy at a meeting of such Members duly called for this purpose. iii) Method of Assessment. The Class B Member may, on the basis specified in subparagraph (ii), fix the General Assessment for each assessment year of the Corporation at an amount sufficient to meet the obligations imposed by this Declaration upon the Corporation. The Class B Member shall establish the date(s) the General Assessment shall become due, and the manner in which it shall be paid. The foregoing; notwithstanding, until December 31, 2019, the uniform rate of the General Assessment for each Unimproved Lot in the Tract shall be $400.00 per month and the General Assessment for each Improved Lot in the Tract shall be $400.00 per month, payable on the first day of each calendar quarter, beginning on October 1, 2018. After the Class B Termination Date, the Board of Directors shall assume the duties of the Class B Member regarding the General Assessments under this subsection. 11 c) Transfer Assessment. Upon the transfer of a Residence and Lot within Woodhall from one Owner to another Owner, a Transfer Assessment of $200.00 shall be payable to the Corporation at the closing of such transfer. d) Special Assessment. In addition to such other Special Assessments as may be authorized herein, the Corporation may levy in any fiscal year a Special Assessment applicable to that year and not more than the next four (4) succeeding fiscal years for the purpose of defraying, in whole or in part, the cost of any construction, repair, or replacement of a capital improvement upon the Community Area, including fixtures and personal property relating thereto, provided that any such Assessment shall have the assent of the Class B Member and of a Majority in Interest of the votes of the Class A Members whose Lots are subject to assessment with respect to the capital improvement who are voting in person or by proxy at a meeting of such Members duly called for this purpose. e) Date of Commencement of General Assessments. The General Assessment shall commence with respect to assessable Lots within Woodhall on the first day of the month following conveyance of the first Lot in Woodhall to an Owner who is not Declarant. The initial General Assessment on an assessable Lot shall be adjusted according to the days remaining in the month in which the Lot became subject to assessments,. f) Effect of Nonpayment of Assessments: Remedies of the Corporation. Any Assessment not paid within thirty (30) days after the due date may upon resolution of the Board of Directors bear interest from the due date at a percentage rate no greater than the current statutory maximum annual interest rate, to be set by the Board of Directors for each assessment year. The Corporation shall be entitled to institute in any court of competent jurisdiction any lawful action to collect a delinquent Assessment plus any expenses or costs, including attorneys' fees, incurred by the Corporation in collecting such Assessment. If the Corporation has provided for collection of any Assessment or installments, upon default in the payment of any one or more installments, the Corporation may accelerate payment and declare the entire balance of said Assessment due and payable in full. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Community Area or abandonment of their Lot. g) Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein against a Lot shall be subordinate to the lien of any recorded first mortgage covering such Lot and to any valid tax or special assessment lien on such Lot in favor of any governmental taxing or assessing authority. Sale or transfer of any Lot shall not affect the assessment lien. The sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall, however, extinguish the lien of such Assessments as to payments which became due more than six (6) months prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. h) Certificates. The Corporation shall, upon demand by an Owner, at any time., furnish a certificate in writing signed by an officer of the Corporation that the Assessments on a Lot have been paid or that certain Assessments remain unpaid, as the case may be. 12 i) Annual Budget. By a majority vote of the Directors, the Board of Directors shall adopt an annual budget for the subsequent fiscal year, which shall provide for allocation of expenses in such a manner that the obligations imposed by the Declaration and all Supplemental Declarations will be met. 10) Architectural Control. a) The Architectural Review Board. An Architectural Review Board consisting of two (2) or more persons as provided in the By -Laws shall be appointed by the Class B Member. After the Class B Termination Date, the Architectural Review Board shall be appointed by the Board of Directors. b) Purpose. The Architectural Review Board shall regulate the external design, appearance, use, location and maintenance of the Tract and of improvements thereon in such manner as to preserve and enhance values and to maintain a harmonious relationship among structures, improvements and the natural vegetation and topography. c) Conditions. Except as otherwise expressly provided in this Declaration, no improvements, alterations, repairs, change of colors, excavations, changes in grade, planting or other work that in any way alters any Lot or the exterior of the improvements located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by Declarant to an Owner shall be made or done without the prior approval of the Architectural Review Board of a Lot Development Plan therefore. Prior to the commencement by any Owner other than Declarant or Builder of (i) construction, erection or alteration of any Residence, building, fence, wall, swimming pool, tennis court, patio, or other structure on a Lot or (ii) any plantings on a Lot, a Lot Development Plan with respect thereto shall be submitted to the Architectural Review Board, and no building, fence, wall, Residence or other structure shall be commenced, erected, maintained, improved, altered, made or done, or any plantings made, by any person other than Declarant without the prior written approval of the Architectural Review Board of a Lot Development Plan relating to such construction, erection, alteration or plantings. Such approval ,shall be in addition to, and not in lieu of, all approvals, consents, permits and/or variances required by law from governmental authorities having jurisdiction over Woodhall, and no Owner shall undertake any construction activity within Woodhall unless all legal requirements have been satisfied. Each Owner shall complete all improvements to a Lot strictly in accordance with the Lot Development Plan approved by the Architectural Review Board. As used in this subparagraph (c), "plantings" does not include flowers, bushes, shrubs or other plants having a height of less than eighteen (18) inches. d) Procedures. In the event the Architectural Review Board fails to approve, modify or disapprove in writing a Lot Development Plan within sixty (60) days after notice of such plan has been duly filed with the Architectural Review Board in accordance with procedures established by Declarant or, if Declarant is no longer a Class B Member, the Board of Directors' approval will be deemed denied. A decision of the Architectural Review Board (including a denial resulting from the failure of such Board to act on the plan within the specified period) may be appealed to the Board of Directors which may reverse or modify such decision (including approval of a Lot Development Plan deemed denied by the failure of 13 the Architectural Review Board to act on such plan within the specified period) by a two- thirds vote of the Directors then serving. e) Guidelines and Standards. The Architectural Review Board shall have the power to establish and modify from time to time such written architectural and landscaping design guidelines and standards as it may deem appropriate to achieve the purpose set forth in subparagraph (b) to the extent that such design guidelines and standards are not in conflict with the specific provisions of this Declaration. Any such guideline or standard may be appealed to the Board of Directors which may terminate or modify such guideline or standard by a two-thirds (2/3) vote of the Directors then serving. f) Application of Guidelines and Standards. The Architectural Review Board shall apply the guidelines and standards established pursuant to subparagraph (e) in a fair, uniform and reasonable manner consistent with the discretion inherent in the design review process. In disapproving any Lot Development Plan, the Architectural Review Board shall furnish the applicant with specific reasons for such disapproval and may suggest modifications in such plan which would render the plan acceptable to the Board if resubmitted. g) Design Consultants. The Architectural Review Board may utilize the services of architectural, engineering and other Persons possessing design expertise and experience in evaluating Lot Development Plans. No presumption of a conflict of interest or impropriety shall be drawn or assumed by virtue of the fact that any of such consultants may, from time to time, represent Persons filing Lot Development Plans with the Architectural Review Board. h) Exercise of Discretion. Declarant intends that the members of the Architectural Review Board exercise discretion in the performance of their duties consistent with the provisions of subparagraph (f), and every Owner by the purchase of a Lot shall be conclusively presumed to have consented to the exercise of discretion by such members. In any judicial proceeding challenging a determination by the Architectural Review Board and in any action initiated to enforce this Declaration in which an abuse of discretion by the Architectural Review Board is raised as a defense, abuse of discretion may be established only if a reasonable Person, weighing the evidence and drawing all inferences in favor of the Board, could only conclude that such determination constituted an abuse of discretion. i) Encroachments. No encroachments of residences or extensions thereof, such as decks and patios, shall be permitted into the area existing between the building set -back. line and the rear lot line unless expressly permitted by the zoning ordinance and approved by the Architectural Review Board. 11) Community Area. a) Ownership. The Community Area shall remain private, and neither Declarant's execution or recording of an instrument portraying the Community Area, nor the doing of any other act by Declarant is, or is intended to be, or shall be construed as, a dedication to the public of such Community Area. Declarant or the Corporation may, however, dedicate or transfer all or any part of the Community Area to any public agency, authority or utility for use as roads, utilities, parks or other public purposes. 14 b) Density of Use. Declarant expressly disclaims any warranties or representations regarding the density of use of the Community Area or any facilities located thereon. c) Obligations of the Corporation. The Corporation, subject to the rights of Declarant and the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Community Area and all improvements thereon (including, furnishings and equipment related thereto), and shall keep the Community Area in good, clean, attractive and sanitary condition, order and repair. d) Easements of Enjoyment. No person shall have any right or easement of enjoyment in or to the Community Area except to the extent granted by, and subject to the germs and provisions of, this Declaration or any Supplemental Declaration executed by Declarant. Such rights and easements as are thus granted shall be appurtenant to and shall pass with the title to every Lot for whose benefit they are granted. e) Extent of Easements. The easements of enjoyment created hereby shall be subject to the following: i) the right of the Corporation to establish reasonable rules for the use of the Community Area; ii) the right of the Corporation to suspend the right of an Owner and all Persons whose right to use the Community Area derives from such Owner's ownership of a Lot to use such portions of the Community Area for any period during which any Assessment against their Lot remains unpaid for more than thirty (30) days after notice; iii) the right of the corporation to suspend the right of an Owner or any Person claiming through the Owner to use the Community Area for a period not to exceed sixty (60) days for any other infraction of this Declaration, any Supplemental Declaration or the Register of Regulations; iv) the right of the Corporation to mortgage any or all of the Community Area and the facilities constructed therein for the purposes of improvements to, or repair of, the Community Area or facilities constructed thereon, pursuant to approval of the Class B Member and a Majority in Interest of the votes of the Class A Members and, if necessary, seven (7) votes of the Mortgagees (based on one vote for each first mortgage owned), voting in person or by proxy at a regular meeting of the Corporation or a meeting duly called for this purpose; and v) the right of the Corporation to dedicate or transfer all or any part of the Community Area to any public agency, authority or utility, but no such dedication or transfer shall be effective unless an instrument signed by the Class B Member, if any, and the appropriate officers of the Corporation acting pursuant to authority granted by a Majority in Interest of the Class A Members and, if necessary, seven (7) votes of the Mortgagees (based on one 15 vote for each first mortgage owned), agreeing to such dedication or transfer, has been recorded. f) Additional Rights of Use. The members of the family and the guests of every Person who has a right of enjoyment to the Community Area and facilities subject to such general regulations consistent with the provisions of this Declaration and all Supplemental Declarations as may be established from time to time by the Corporation and included within the Register of Regulations. g) Damage or Destruction by Owner. In the event the Community Area, Residence or Lot is damaged or destroyed by an Owner or any of their guests, tenants, licensees, agents, or member of their family, such Owner authorizes the Corporation to repair said damaged area. If the Corporation shall undertake the repair of the damaged area, the repair shall be in a good and workmanlike manner, in conformance with the original plans and specifications of the area involved or as the area- may have been modified or altered subsequently by the Corporation, in the discretion of the Corporation. An amount equal to the costs incurred to effect such repairs shall be assessed against such Owner as a Special Assessment and shall constitute a lien upon the Lot of said Owner. h) Conveyance of Title. Declarant may retain the legal title to the Community Area or any portion thereof until such time as it has completed improvements thereon but notwithstanding any provision herein, the Community Area shall be conveyed to the Association not later than one (1) year from the date the Community Area or part thereof is subjected to this Declaration. Owners shall have all the rights and obligations imposed by this Declaration with respect to such Community Area prior to conveyance, except that the Corporation shall not be liable for payment of taxes and insurance for such Community Area until title is conveyed. 12) Additional Duties and Responsibilities of the Association. The Association shall provide snow removal for all streets for snow in excess of 2". The Association shall be responsible for the repair, maintenance and replacement of the entry gate system, except for such repair, maintenance and replacement resulting from or made necessary by the damage or neglect of the Lot Owner (or guest, invitee, workers or other agent of Lot Owner) which shall be the responsibility of the Lot Owner causing such damage or neglect if such Lot Owner can be identified. For the additional duties to be performed by the Association hereunder, the Association shall have a blanket easement upon, across, over, and under each Lot. Notwithstanding the foregoing, each Owner shall be required to perform all maintenance obligations (including without limitation all painting) regarding such Owner's Residence. 13) Easements. a) Plat Easements. In addition to such easements as are created elsewhere in this Declaration and as may be created by Declarant pursuant to written instruments recorded in t:he Office of the Recorder of Hamilton County, Indiana, Lots are subject to drainage easements, sewer easements, utility easements, entry way easements, landscape easements and non -access easements, either separately or in any combination thereof, as shown on the Plats, which are reserved for the use of Declarant, Owners, the Corporation, the Architectural Review Board, public utility companies and governmental agencies as follows: 16 i) Drainage Easements ("DE") are created to provide paths and courses for area and local storm drainage, either overland or in adequate underground conduit, to serve the needs of Woodhall and adjoining ground and/or public drainage systems; and it shall be the individual responsibility of each Owner to maintain the drainage across their own Lot. Under no circumstance shall said easement be blocked in any manner by the construction or reconstruction or any improvement, nor shall any grading restrict, in any manner, the waterflow. Said areas are subject to construction or reconstruction to any extent necessary to obtain adequate drainage at any time by (i) any governmental authority having jurisdiction over drainage, (ii) the Corporation, (iii) Declarant and (iv) the Architectural Review Board, but neither Declarant nor the Architectural Review Board shall have any duty to undertake any such construction or reconstruction. Said easements are for the mutual use and benefit of the Owners. ii) Sewer Easements ("SE") are created for the use of the local governmental agency having jurisdiction over any storm and sanitary waste disposal system which may be designed to serve Woodhall for the purpose of installation and maintenance of sewers that are a part of said system. iii) Utility Easements ("UE") are created for the use of Declarant, the Corporation and all public utility companies, not including transportation companies, for the installation and maintenance of mains, ducts, poles, lines and wires, as well as for all uses specified in the case of sewer easements. iv) Community Area Access Easements are created within the Common Areas for the purpose of gaining access to the Community Area in the course of maintenance, repair or replacement thereof. All easements mentioned herein include the right of reasonable ingress and egress for the exercise of other rights reserved. No structure, including fences, shall be built on any drainage, sewer or utility easement if such structure would interfere with the utilization of such easement for the purpose intended or violate any applicable legal requirement or the terms and conditions of any easement specifically granted to a Person who is not an Owner by an instrument recorded in the Office of the Recorder of Hamilton County, but a concrete or asphalt driveway necessary to provide access to a Lot from a public street and a sidewalk installed by or at the direction of Declarant (and replacements thereof) shall not be deemed a "structure" for the purpose of this Restriction. b) General Easement. There is hereby created a blanket easement over, across, through and under the Tract for ingress and egress, installation, replacement, repair and maintenance of underground utility and service lines and systems, including but not limited to water, sewers, gas, telephones, electricity, television, cable or communication lines and systems. By virtue of this easement it shall be expressly permissible for Declarant or the providing utility or service company to install and maintain facilities and equipment on the Tract and to excavate for such purposes if Declarant or such company restores the disturbed area as nearly 17 as is practicable to the condition to which it was found. No sewers, electrical lines, water lines, or other utility service lines or facilities for such utilities may be installed or relocated in the Tract except as proposed and approved by Declarant prior to the conveyance of the first Lot in the Tract to an Owner or by the Architectural Review Board thereafter. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant or the Corporation shall have the right to grant such easement on the Tract without conflicting with the terms thereof. This blanket easement shall in no way affect any other recorded easements on the Tract, shall be limited to improvements as originally constructed, and shall not cover any portion of a lot upon which a Residence has been constructed. c) Public Health and Safety Easements. An easement is hereby created for the benefit of, and granted to, all police, fire protection, ambulance, delivery vehicles, and all similar Person to enter upon the Community Area in the performance of their duties. d) Department of Public Works Easement. An easement is hereby created for the benefit of, and granted to, the Department of Public Works to enter the Tract and all Lots therein to the extent necessary to exercise its rights with respect to any legal drain constituting a part of the Drainage System. e) Crossing Underground Easements. Easements utilized for underground service may be crossed by driveways, walkways and the Community Area Access Easements provided prior arrangements are made with the utility company furnishing service. Such easements as are actually utilized for underground service shall be kept clear of all other irnprovernents, including buildings, patios or other pavings, other than crossings, driveways, walkways or the Community Area, and neither Declarant nor any utility company using the easements shall be liable for any damage done by either of them or "their -assigns, agents, employees, or services to shrubbery, trees, flowers or other improvements of the Owner located on the land covered by said easements. f) Water Retention/Detention. The Owner of each Lot, by acceptance of a deed thereto, consents to the temporary storage (detention/retention) of storm water within the drainage easements (DE) on such Owner's Lot. g) Street Lights. The owner of each Lot on which a street light is installed by Declarant consents to the placement of a street light on such Lot and agrees that the Corporation shall have the right to enter upon the Lot for the purpose of maintaining the street light. 14) Enforcement, The Corporation, any Owner or Declarant shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and of any Supplemental Declarations, but neither Declarant nor the Corporation shall be liable for damage of any kind to any Person for failure either to abide by, enforce or carry out any of the Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to invoke any available remedy with respect to a violation or violations thereof shall under any circumstances be deemed or held to be a waiver by that Person of the right to do so thereafter, or an estoppel of that Person to assert any right available to him upon the occurrence, recurrence or continuation of any violation or violations of the Restrictions. In any action to enforce this Declaration, the Person 18 seeking enforcement shall be entitled to recover all costs of enforcement, including attorneys' fees, if it substantially prevails in such action. 15) Limitations on Rij4hts of the Corporation. As long as there is a Class B Member, the Corporation may not use its resources nor take a public position in opposition to the General Plan of Development or to changes thereto proposed by Declarant. Nothing in this paragraph shall be construed to limit the rights of the Members acting as individuals or in affiliation with other Members or groups as long as they do not employ the resources of the Corporation or identify themselves as acting in the name, or on the behalf, of the Corporation. 16) Approvals by Declarant. As long as there is a Class B Member, the following actions shall require the prior approval of Declarant: dedications of sections within the Tract (if any) or of the Tract with other real estate; mortgaging of the Community Area; amendment of this Declaration and any Supplemental Declaration; and changes in the basis for assessment or the amount, use and time of payment of the initial Assessment for the Community Area. After the Class B Termination Date, the Board of Directors shall approve the actions described in this subsection. 17) Mortgages. a) Notice to Corporation. Any Owner who places a first mortgage lien upon their Residence or the Mortgagee shall notify the Secretary of the Board of Directors of such mortgage and provide the name and address of the Mortgagee. A record of such Mortgagee's name and address shall be maintained by the Secretary and any notice required to be given to the Mortgagee pursuant to the terms of the Declaration any Supplemental Declaration, the Articles or the By - Laws (the "Organizational Documents") shall be deemed effectively given if mailed to such Mortgagee at the address shown in such record in the time provided. Unless notification of any such mortgage and the name and address of Mortgagee are furnished to the Secretary, either by the Owner or the Mortgagee, no notice to any Mortgagee as may be otherwise required by the Organizational Documents shall be required and no Mortgagee shall be entitled to vote by virtue of the Organizational Documents or a proxy granted to such Mortgagee in connection with the mortgage. b) Notices to Mortgagees. The Corporation shall promptly provide to any Mortgagee of whom the Corporation has been provided notice under subparagraph (a) above notice of any of the following: i) Any condemnation or casualty loss that affects a material portion of the Community Area; ii) Any lapse, cancellation or material modifications of any insurance policy of fidelity bond maintained by the Corporation; and iii) Any proposed action that requires the consent of a specified percentage of Mortgages. c) Notice of Unpaid Assessment. The Corporation shall, upon request of a Mortgagee, a proposed mortgage, or a proposed purchaser who has a contractual right to :purchase a Residence, furnish to such mortgagee or purchaser a statement setting forth the amount of 19 the unpaid Assessments against the Residence and the Owners, and any Mortgagee or grantee of the Residence shall not be liable for, nor shall the Residence conveyed be subject to a lien for, any unpaid Assessments in excess of the amount set forth in such statement. d) Financial Statements. Upon the request of any Mortgagee, the Corporation. shall provide to said Mortgagee the most recent financial statement prepared on behalf of t:he Corporation. e) Payments by Mortgagees. Any Mortgagee may (i) pay taxes or other charges that are in default and that may or have become a lien upon the Community Area or any part thereof and (ii) pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Community Area in case of a lapse of a policy. A Mortgagee making such payments shall be entitled to immediate reimbursement from the Corporation. 18) Amendments. a) By Declarant. Declarant hereby reserves the right unilaterally to amend and revise the standards, covenants and restrictions contained in this Declaration during the period prior to the Class B Termination Date. Such amendments shall be in writing, executed by Declarant, and recorded with the Office of the Recorder of Hamilton County, Indiana. No such amendment, however, shall restrict or diminish the rights or increase or expand the obligations of Owners with respect to Lots conveyed to such Owners prior to the amendment or adversely affect the rights and interests of Mortgagees holding first mortgages on Residences at the time of such amendment. Declarant shall give notice in writing to such Owners and Mortgagees of any amendments. Except to the extent authorized herein, Declarant shall not have the right at any time by amendment of this Declaration to grant or establish any easement through, across or over any Lot which Declarant has previously conveyed without the consent of the Owner of such Lot. b) Generally. After the Class B Termination Date, this Declaration may be amended at any time by an instrument signed by the appropriate officers of the Corporation acting pursuant to the authority granted by a Majority in Interest of the Class A Members cast at a meeting duly called for the purpose of amending this Declaration. c) Effective Date. Any amendment shall become effective upon its recordation in the Office of the Recorder of Hamilton County, Indiana. 19) Interpretation. The aforesaid titles preceding the various paragraphs and subparagraphs of this Declaration are for convenience of reference only, and none of them shall be used as an aid to the construction of any provision of this Declaration. Wherever and whenever applicable, the singular form of any word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the neuter. 20) Duration. The foregoing covenants and restrictions are for the mutual benefit and protection of the present and future Owners, the Corporation, and Declarant, and shall run with the land and shall be binding on all parties and all Persons claiming under them until January 1, 2029, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless changes in whole or in part by vote of those Persons who are then the Owners of a majority of the Lots in the Tract. 20 21) Severability. Everyone of the Restrictions is hereby declared to be independent of, and severable from, the rest of the Restrictions and of and from every other one of the Restrictions, and of and from every combination of the Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality of running with the land, that holding shall be without effect upon the validity, enforceability or "running" quality of any other one of the Restrictions. 22) Non -Liability of Declarant. Declarant shall not have any liability to an Owner or to any other Person with respect to drainage on, over or under a Lot. Such drainage shall be the responsibility of the Owner of the Lot upon which a Residence is constructed and, by an acceptance of a deed to a Lot, Owner shall be deemed to have agreed to indemnify and hold Declarant free and harmless from and against any and all liability arising from, related to, or in connection with drainage on, over and under the Lot described in such deed. 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 Declaration. 23) Private Street. Declarant hereby covenants that it shall convey and transfer the :Private Street included in and constituting a part of the Real Estate to the Association upon, at Declarant's election, either (i) the completion of such Private Street or (ii) the Class B Termination Date. The Private Street so conveyed by Declarant to the Association shall, at the time of such conveyance, be subject to all easements, covenants, conditions, limitations and restrictions then of record, but shall be free and clear of all liens and financial encumbrances, other than the lien of the then -current non -delinquent installment of real estate taxes and assessments and subsequent installments thereof, which shall thereafter be paid when due by the Association, and shall be further subject to the terms and provisions of this Declaration. Declarant reserves unto itself, its successors and assigns, and hereby establishes for each Owner(s), their guests and invitees, and all public and quasi -public vehicles, an easement for ingress and egress on and over the Private Street. The terms "public vehicles" and "quasi -public vehicles" shall include, but shall not be limited to, vehicles operated for police and fire protection, ambulances and other emergency vehicles, for trash and garbage collection, and for mail and other delivery services operated in the performance of their duties. Each Owner, by the acceptance of a deed to a Lot, acknowledges that Woodhall Lane ("Private Street") is a Private Street, and that the maintenance, repair and replacement of such Private Street is the sole responsibility of the Association as described herein. The Association shall use funds deposited in the Reserve for Replacements funded by the Owners, inclusive, to pay for the maintenance of the Private Street, and for any gate installed. 24) Amendment and Restatement of Original Declaration. This Declaration amends and restates in its entirety the Original Declaration. As a result, effective as of the date of this Declaration, the Original Declaration is null and void and of no further force and effect. (signature page follows) 21 IN TESTIMONY WHEREOF, Declarant has executed this Declaration as of the date set forth above. DECLARANT: WOODHAkjL LLC By; .: STATE OFF SS: COUNTY OF ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim Davis, the Manager of Woodhall LLC, who acknowledged the execution of the foregoing instrument. WITNESS my hand and Notarial Seal this r day of , 201 E. My Commj' ion E t ires: Matthew R,�,nsey Notary Public; State of South Carolina � ?f My omniission Expires May 5th, 2024 t Countyof Residence: 22 CONSENT TO DECLARATION The undersigned, the current Owner of Lot Numbered Five (5) Woodhall Lane -Secondary Plat, a Subdivision located in Hamilton County, Indiana, as per Plat thereof recorded January 13, 2009 as Instrument Number 2009001339 in the Office of the Recorder of Hamilton County, Indiana, hereby consents to the (i) terms and conditions contained in the foregoing Declaration and (ii) the recordation of such Declaration with the Office of the Recorder of Hamilton County, Indiana. O'Brien, Nikki LynIRev Trust s 0 Printed: Title: m .s STATE OF INDIANA ) SS: COUNTY OF cixl) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the i rw c , � ; " of O'Brien, Nikki Lyx dRev Trust, who acknowledged the execution of the foregoing Consent to Declaration. 'v °� WITNESS my hand and Notarial Seal this Q: day of My Commission Expires: KATHY KA.SPAR �,wdrasar er e 2�TC T Notary Public, St2t, of Indiana,' County of Residence: kf?;"-° Marion county Commission # 656528 stn My Commission Expires o J �., I Y 2 02 4 5 Q This instrument prepared by, and after recording return to, Michael B. Davis, Cohen Garelick & Glazier, 8888 Keystone Crossing Blvd., Indianapolis, Indiana 46240. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law: Michael B. Davis. 23 EXHIBIT A LEGAL DESCRIPTION (to be attached) FM 1 ol, Pat of the East lWaf tAw Nit Qmrhr of 0w Nookwat, Qwarfo of S�M#, 7 MMh, Rag. Eat M Township, iUM minty, MdUrna, pwtkuLvfy 40MW ow fW: Comm"W49 at the + orthmt omw of OW N mgwmt Qom, theme Nth $8 dagmi 52 minista, Eat (owl Ong) sloug Me. northilw Hwwf1 1. 5fret to the POINT FB JP� I � s t aFtr tt Eost AWg Ae cast line thmof 1335w17fitt to the oeuthewt arw of sW4 QuMW Qwbr, tom. South 88 1 m1nuto 5 Wat a4ng the mud linc. Mm fickhmuv Nth 00,degrm 25 minute $6mmda West 667.62 fid to the &wth Une oft Mkt ate of the IV"uarkrths"ce Nth 8 dWem $2 i"Muta, 11xkng -soldsouth line 90,M fat to the smtkiwat calwer of W Bot West W tmt IW thax4,667.0 to tU nmh Une of sW Mmthwat our, thmoo Notth 88 dew 52 minuto 28 t Wmd wth Jim 332,77ftet to the POINT OF BE A KY cmairsing I'l-