Loading...
HomeMy WebLinkAbout5 Fifth Amendment to HPR Application RECORDEDCross Cross Cross Cross Cross Cross Cross Cross Cross Cross Reference: Reference: Reference: Reference: Reference: Reference: Reference: Reference: Reference: Reference: FIFTH AMENDMENT TO THE DECLARATION OF CONDOM I OWNERSHIP FOR THE CARMEL CITY CENTER CONDOMINIUM BUILDING 1 This Fifth Amendment to The Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 (the "Fifth Amendment executed the (c1 day of )R@, 2012, by Carmel City Center, LLC, WITNESSES: 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 Cannel City Center Condominium Building 1 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 Cannel 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 Percentage Interest DULY E ED FOR TAXATION sideintal_Percenta2e Interest of Owners of the Premises; Subjecttofinalacceptancefortransfer ay o ff 0, 1 20/ 2 Auditor d' Hamilton County Instrument No Instrument No Instrument No Instrument No. Instrument No. Instrument No. Instrument No. Instrument No. Instrument No. Instrument No. .2010066955 .2010066956 .2011009360 2011009361 2011064759 2011064760 2012024563 2012024564 2012030244 RECITALS 2012034572 AMENDMENT $57.00 06/22/2012 03:45:53P 18 PGS Mary L. Clark HAMILTON County Recorder IN Recorded as Presented 1111111111111111111111111111141tilii Rit ui WHEREAS, Declarant executed that certain Third Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominium Building 1 dated June 1, 2012, and recorded in the Recorder's Office as Instrument No. 2012024564 (the "Third Amendment 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, Declarant executed that certain Fourth 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. 2012030244 (the "Fourth Amendment together with the First Amendment, the Second Amendment, the Third Amendment, and the Original Declaration as amended, sometimes herein collectively referred to as "Declaration whereby 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, thereafter Declarant modified the Overall Building "A" elevation; 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. Legal 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 teiilis 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 teinis 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. Carmel City Center, LLC an Indiana limited ..ility company iiiii .0114r By: [NOTARY PAGE TO FOLLOW] Ronald Brown, Senior Vice President STATE OF 7" ss COUNTY OF This instrument as ACKNOWLEDGED before me on the day of by rr a Authorized P,44 of Q.eu n.roQ Ntl �a.►sa1z� L!_.C. On behalf of said V Not My Commission Expires: 11 5 ublic 2012, SHERRI J. LECHNER Hamilton County My Commission Expires October 17, 2015 I affirm, 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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 Residential 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No: 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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, amended pursuant to the Fourth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 1st day of June, 2012, and recorded the 4th day of June, 2012 as Instrument No. 2012030245, and amended pursuant to the Fifth Amendment to the Declaration of Condominium Ownership for the Carmel City Center Condominiums Building 1 dated the 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 1st day of June, 2012, and recorded the 4th day of June 2012 as Instrument No. 2012030244, and amended pursuant to the Amendment No. 5 Carmel City Center Condominiums Building 1 dated the 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% 1.1086% 1.5050% 0.6005% 1.0985% 0.6037% 2.8892% 2.0656% 1.0849% 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 UNIT 701 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%