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HomeMy WebLinkAbout4 Fourth Amendment to Declaration RECORDED 6-4-12Cross Reference: Instrument No. Cross Reference: Instrument No. Cross Reference: Instrument No. Cross Reference: Instrument No. Cross Reference: Instrument No. Cross Reference° Instrument No. Cross Reference: Instrument No. Cross Reference: Instrument No. Cross Reference: Instrument No. 2010066955 2010066956 2011009360 2011009361 2011064759 2011064760 2012024563 2012024564 ,T 1;4.9 FOURTH AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE CARMEL CITY CENTER CONDOMINIUM BUILDING 1 This Fourth Amendment to The Declaration of Condominium Ownership for the Carstel City Center Condominium Building 1 (the "Fourth Amendment") executed the day of "L )1\ Q_ 2012, by Carmel City Center, LLC, WITNESSES: RECITALS 2012030245 AMENDMENT $48.00 06/04/2012 03:19:12P 15 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented 1111111111111111111111111111111111111111111111 Jili III 11 WHEREAS, Declarant executed that certain Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated December 13, 2010, and recorded in the Recorder's Office as Instrument No. 2010066955 (the "Original Declaration"); WHEREAS, Declarant executed that certain First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building I dated February 9, 2011, and recorded in the Recorder's Office as Instrument No. 2011009360 (the "First Amendment") whereby Declarant subdivided Unit 703 (as described in the Original Declaration) into Unit 703 and Unit 704, and changed the designation and address of Unit 704 (under the Original Declaration) to Unit 705 and Declarant also included certain rooftop gardens as Limited Common Areas of Unit 702 and Unit 704 that revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises; WHEREAS, Declarant executed that certain Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated December 8, 2011, and recorded in the Recorder's Office as Instrument No. 2011064760 (the "Second Amendment") whereby Declarant subdivided Unit 603 (as described in the Original Declaration) into Unit 603 and Unit 605 and Unit 605 (as described in the Original Declaration) into Unit 606 and Unit 607, and changed the designations and addresses of these Units and Declarant also included Limited Common Areas of Units 603, 606, and 607, which, together with Unit 605, revised the Building Percentamtlensfnlfft lettWroTtage Interest of Owners of the Premises; Sub4ct to final acceptance for transfer day of D e 201.-- 1 1/tOr 0 Auditor of Hamilton County Parcel WHEREAS, Declarant executed that certain Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated May 4, 2012, and recorded in the Recorder's Office as Instrument No. 2012024564 (the "Third Amendment together with the First Amendment, the Second Amendment, and the Original Declaration as amended, sometimes herein collectively referred to as "Declaration whereby Declarant created Units 703, 704, and 705 to replace Units 703, 704, and 705 as described in the Original Declaration, and kept the designations and addresses of these Units the same and Declarant also included certain rooftop gardens and Limited Common Areas of Units 703, 704, and 705, which revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises and Declarant created First Floor Retail Unit 1 "Retail Unit 1 and First Floor Retail Unit 2 "Retail Unit 2 that revised the Building Percentage Interest and Retail Percentage Interest of Owners of the Premise, and Declarant defined Retail Limited Common Area which consists of all Limited Common Area exclusive to Retail Units, and stated that Declarant may at any time segregate portions of Retail Limited Common Area for the exclusive use of a Retail Unit; WHEREAS, thereafter, Declarant clarified and distinguished Garage Level Retail Unit 3 "Retail Unit 3 and First Floor Retail Common Area that revised the Building Percentage Interest and Residential Percentage Interest of Owners of the Premises; and WHEREAS, such changes are graphically reflected in an amendment to the Plans, and Declarant, with the consent of all other Owners, also desires to reflect such changes by amending the Declaration. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, Declarant imposes the following covenants, restrictions, and agreements upon the entire Premises: 1. Building Percentage Interest. Declarant declares that Exhibit D -1 attached hereto made part hereof for all purposes, shall supersede Exhibit D-1 of the Declaration and shall serve as the Building Percentage Interest of Owner for all purposes. 2. Residential Percentage Interest. Declarant declares that Exhibit D -2 attached hereto made part hereof for all purposes, shall supersede Exhibit D -2 of the Declaration and shall serve as the Residential Percentage Interest of Owners of Residential Units for all purposes. 3, Retail Percentage Interest. Declarant declares that Exhibit D -3 attached hereto made part hereof for all purposes, shall supersede Exhibit D -3 of the Declaration and shall serve as the Retail Percentage interest of Owners of Retail Units for all purposes. 4. Leal Description of Units. Declarant declares that Exhibit B -4 attached hereto made part hereof for all purposes, shall supersede Exhibit B -4 of the Declaration and shall serve as the Legal Description of Units for all purposes. 5. Miscellaneous. All capitalized tennis used but not defined herein shall have the meanings ascribed to such terms in the Declaration. In the event there is a conflict between the Declaration and this Amendment, the terms and conditions of this Amendment shall govern. Except as expressly provided in this Amendment, all of the terms and conditions of the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Amendment as of the date set forth above. [NOTARY PAGE TO FOLLOW STATE OF ss COUNTY OF -I-be 01;117" n This instrument as ACKNOWLEDGED before by Rork a-lot (��aW �1 Authorized fen: ✓Ef.e. Pres: of 04r e;11-- On behalf of said op Notary Public My Commission Expires: 0 -zmjs Carmel City Center, LLC an Indi 'mited liability company Ronald Brown, Senior Vice President me on the f s day of crah0 ,2012. C 1 rr# r, C- TERRE L. CROSS Marion County My Commission Expires August 30, 2015 affiiin, under penalty of perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law Jesus C. Rivera. This instrument we prepared by Jesus C. Rivera, Pedcor Bancorp, One Pedcor Square, 770 3 Avenue, S.W., Carmel, Indiana 46032. EXHIBIT B-4 SCHEDULE OF UNITS Residential Apartment Unit Residential Apartment Unit, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 601 Residential Home Unit 601, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 602 Residentiai Home Unit 602, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as instrument No. ail in the Office of the Recorder of Hamilton County, Indiana. Residential Horne Unit 603 Residential Home Unit 603, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building :1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 604 Residential Home Unit 604, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the. Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No, all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 605 Residential Home Unit 605, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 606 Residential Home Unit 606, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360 amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 607 Residential Home Unit 607, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 701 Residential Home Unit 701, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 702 Residential Home Unit 702, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No, 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 703 Residential Home Unit 703, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 1 :3th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2.012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the :13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 704 Residential Home Unit 704, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 20:12 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Residential Home Unit 705 Residential Home Unit 705, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No,. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Retail Unit 1 Retail Unit 1, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrumert No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No, 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana, Retail Unit 2 Retail Unit 2, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No. 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as instrument No. all in the Office of the Recorder of Hamilton County, Indiana. Retail Unit 3 Retail Unit 3, together with an undivided interest in the Common Area, per the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 13th day of December, 2010, and recorded the 13th day of December, 2010 as Instrument No, 2010066955, amended pursuant to the First Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 9th day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009360, amended pursuant to the Second Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 8th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064760, amended pursuant to the Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 2012024564, and amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the office of the Recorder of Hamilton County, Indiana, and, legally described in the Carmel City Center Condominiums Building 1 dated the 15th day of November, 2010, and recorded the 13th day of December as Instrument No. 2010066956, amended pursuant to the Amendment No. 1 Carmel City Center Condominiums Building 1 dated the 3rd day of February, 2011, and recorded the 14th day of February, 2011 as Instrument No. 2011009361, amended pursuant to the Amendment No. 2 Carmel City Center Condominiums Building 1 dated the 9th day of December, 2011, and recorded the 13th day of December, 2011 as Instrument No. 2011064759, amended pursuant to the Amendment No. 3 Carmel City Center Condominiums Building 1 dated the 4th day of May, 2012, and recorded the 4th day of May, 2012 as Instrument No. 20120224563, amended pursuant to the Amendment No. 4 Carmel City Center Condominiums Building 1 dated the day of 2012, and recorded the day of 2012 as Instrument No. all in the Office of the Recorder of Hamilton County, Indiana. GARAGE LEVEL RETAIL UNIT 3 FIRST FLOOR RETAIL UNIT 1 FIRST FLOOR RETAIL UNIT 2 RESIDENTIAL APARTMENT UNIT RESIDENTIAL HOME UNIT 601 RESIDENTIAL HOME UNIT 602 RESIDENTIAL HOME UNIT 603 RESIDENTIAL HOME UNIT 604 RESIDENTIAL HOME UNIT 605 RESIDENTIAL HOME UNIT 606 RESIDENTIAL HOME UNIT 607 RESIDENTIAL HOME UNIT 701 RESIDENTIAL HOME UNIT 702 RESIDENTIAL HOME UNIT 703 RESIDENTIAL HOME UNIT 704 RESIDENTIAL HOME UNIT 705 EXHIBIT D -1 BUILDING PERCENTAGE INTEREST 6.2083% 9.2404% 8.5136% 59.7256% 1.9538% 1.5587% 11086% 1.5050% 0.6005% 1.0985% 0.6037% 2.8892% 2.0656% L0849% 1.0185% 0.8252% 100.00% RESIDENTIAL APARTMENT UNIT RESIDENTIAL HOME UNIT 601 RESIDENTIAL HOME UNIT 602 RESIDENTIAL HOME UNIT 603 RESIDENTIAL HOME UNIT 604 RESIDENTIAL HOME UNIT 605 RESIDENTIAL HOME UNIT 606 RESIDENTIAL HOME UNIT 607 RESIDENTIAL HOME UNIT701 RESIDENTIAL HOME UNIT 702 RESIDENTIAL HOME UNIT 703 RESIDENTIAL HOME UNIT 704 RESIDENTIAL HOME UNIT 705 EXHIBIT D -2 RESIDENTIAL PERCENTAGE INTEREST 78.5473% 2.5695% 2.0499% 1,4580% 1.9793% 0.7897% 1.4447% 0.7939% 3.7997% 2.7165% 1.4267% 1.3394% 1.0853% 100.0000% GARAGE LEVEL RETAIL UNIT 3 FIRST FLOOR RETAIL UNIT 1 FIRST FLOOR RETAIL UNIT 2 EXHIBIT D -3 RETAIL PERCENTAGE INTEREST 25.9085% 38.5624% 35.5291% 100.0000%