HomeMy WebLinkAboutCovenants RECORDED 2013000727 DECL $41.00
01/04/2013 08:44:03A 13 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
11111111iiiii1111E111 11111111111 INIIIII 11111UIIi1111111111111111 .
Cross Reference Instrument Numbers: 900000809,900000810,
900000811,910049301,910049302,and 910051655
WOODGATE HOMEOWNERS ASSOCIATION OF CARMEL,INC.
SECOND AMENDED AND RESTATED
DECLARATION OF COVENANTS,CONDITIONS,
EASEMENTS AND RESTRICTIONS OF WOODGATE HOMEOWNERS
ASSOCIATION OF CARIVIEL,INC.
(4,
SECOND AMENDED AND RESTATED
DECLARATION OF COVENANTS. CONDITIONS,
EASEMENTS AND RESTRICTIONS OF WOODGATE HOMEOWNERS
ASSOCIATION OF CARMEL,INC.
THIS SECOND AMENDED AND RESTATED DECLARATION OF
COVENANTS,CONDITIONS, EASEMENTS AND RESTRICTIONS OF WOODGATE
HOMEOWNERS ASSOCIATION OF CARMEL, INC. (the "Declaration"), is made this
day of ,2012,by the Woodgate Homeowners Association of Carmel, Inc.,an
Indiana corporation("Association").
WITNESSES:
WHEREAS, LANGSTON DEVELOPMENT COMPANY, INC.. (as defined herein) was
the developer of the Development(as defined herein); and
WHEREAS, LANGSTON DEVELOPMENT COMPANY, INC. has previously executed
that certain Declaration of Covenants and Restrictions of Woodgate Homeowners Association
and recorded such instrument on September 11, 1990 as Instrument No. 9022513 in the Office of
the Recorder of Hamilton County, Indiana; and
WHEREAS, LANGSTON DEVELOPMENT COMPANY, INC. previously executed
that certain Amended Declaration of Covenants and Restrictions of Woodgate Homeowners
Association recorded January 28, 1998 in the Office of the Recorder of Hamilton County,
Indiana, as instrument number 9909804137, as the ("Amended Covenants"); and
WHEREAS, the Amended Declaration may be amended pursuant to various provisions
therein set forth; and
WHEREAS, Association, for and on behalf of the Development and the Owners, wishes
to amend the Prior Declaration; and
WHEREAS, notwithstanding its ability to otherwise amend the Prior Declaration
g ability Declaration,
Association has obtained red h t e consent of the Majority of the Owners of Lots within the
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Development to the Declaration as evidenced by a summary of the consents attached hereto as
Exhibit"A"and incorporated herein by reference; and
WHEREAS, this Declaration amends and restates the Prior Declaration and is in all
respects in substitution thereof; and
WHEREAS, this does not amend or alter the plats of the subdivision referenced herein
except as the original Covenants that may be contained thereon are in conflict with these
Amended Covenants.
WHEREAS, Association by this Declaration (as defined herein) imposes upon the
Development mutually beneficial restrictions under a general plan of improvement for the
benefit of all owners of residential property within the Development by the recording of this
Declaration; and
WHEREAS, Association desires to provide a flexible and reasonable procedure for the
overall development of the Development and to establish a method for the administration,
maintenance,preservation,use, and enjoyment of such properties as are now or may hereafter be
subject to this Declaration; and
WHEREAS,the Association shall carry out the powers and duties aforesaid.
NOW, THEREFORE, Association hereby declares that-all of the real estate described in
the previously recorded Plats referenced herein, shall be held, sold and conveyed subject to the
following covenants, conditions, easements and restrictions which shall "run with the land" and
are for the purpose of protecting the value and desirability of and which shall run with, the real
property subjected to this Declaration and which shall be binding on all parties having any right,
title, or interest in the described Development or any part thereof, their heirs, successors,
successors-in-title, and assigns and shall inure to the benefit of each owner thereof.
DEFINITIONS
The following terms, as used in this Declaration, unless the context clearly requires otherwise,
shall mean the following:
Applicable Dates-July 12, 1995,the date of incorporation of Woodgate Homeowners
Association, Inc.; and October 3,2012 the date the name was amended to Woodgate
Homeowners Association of Carmel, Inc., hereinafter"WHOAC".
Architectural Approval.Committee-the entity established by the Declarant,to include
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representatives of WHOAC, to review all Lot development Plans for all future construction
proposed to be built in the Tract.
Articles -The Articles of Incorporation of the Woodgate Homeowners'Association, Inc., (now
known as the Woodgate Homeowners Association of Carmel, Inc.)
Assessments and Dues -all sums lawfully assessed against Members of the Corporation or as
declared by this Declaration, the Articles or the Bylaws.
Bylaws-The Code of Bylaws of the Woodgate Homeowners'Association of Carmel, Inc
Board of Directors-the governing body of the Corporation elected by the Members in accordance
with the Bylaws.
Common Areas-areas and easements defined as part of the Tract but not otherwise deeded to an
owner.
Corporation-Woodgate Homeowners' Association, Inc. (now known as the Woodgate
Homeowners Association of Cannel, Inc.), an Indiana Corporation, its successors and assigns.
Declarant-Langston Construction Company, Inc., (the Developer), its successors and assigns to
its interest in the Tract other than Owners purchasing lots or residences by deed from the
P g Y
Declarant(unless the conveyance indicated an intent that grantee assume the rights and
obligations of Declarant).
Drainage System-the open drainage ditches and swales, the subsurface drainage tiles,pipes and
structures, the dry and wet retention and/or detention equipment and facilities located in the
Tract and designed for the purposes of controlling, retaining or expediting the drainage of
surface and sub-surface waters from, over and across the Tract as shown on the Plat.
Entry Ways-the structures constructed as an entrance to Woodgate (exclusive of the street
pavement, curbs and drainage structures and tiles), and the Landscape Easement surrounding
such structures, whether located within or without of the Tract.
Initial Capital Assessment-the initial assessment for the Reserve for Replacements Fund.
Landscape Easement-area on the Plat to be landscaped and maintained by the Corporation.
Barrier or Fence Easement—area on the Plat situated along 146th Street that contains a boundary
barrier or fence which is an area and structure to be maintained by the Corporation.
Lot-platted lot as shown on the Plat.
Lot Development Plan - (I) a site plan prepared by a licensed engineer or architect, (II)
foundation plan and proposed finished floor elevation, (III) building plans, including
elevation and floor plans, (IV)material plans and specifications, (V) landscaping plans, and
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(VI) all other data or information that the Corporation may request pertaining to the ,
improvement or alteration of a Lot or the construction or alteration of an existing residence or
other structure or within the Tract.
Member-a Class A or Cass B member of the Corporation as defined in the Articles and Bylaws.
Name—originally named Woodgate Homeowners Association, Inc. at the time of creation, the
city name, "Carmel",has been added by the Indiana Secretary of State to eliminate confusion
with other subdivisions. The legal name is "Woodgate Homeowners Association of Carmel,
Inc."
Owner- a Person, including Declarant, who at the time has or is acquiring any interest in a Lot,
except a person who has or is acquiring such interest merely as security for the performance of
an obligation.
Person-an individual, firm, corporation, partnership,association, trust or other legal entity, or any
combination thereof.
Plat-the final plat of the Tract recorded in the Office of the Recorder of Hamilton County,
Indiana,which is referred to herein as if attached to and made a part thereof.
Reserve for Replacements-a fund established and maintained by the Corporation to meet the cost
of periodic maintenance, repairs,renewal and replacement of the Common Areas,at such time as
Woodgate Homeowners' Association, Inc., assumes responsibility for said areas.
Residence-any structure intended exclusively for occupancy by a single family together with
all appurtenances.thereto, including private garage and out buildings and recreational usual and
incidental to the use of single family residential lot as governed by the Amended Woodgate
Covenants and Restrictions.
Tract-the land described in Exhibit A and commonly known as Woodgate Subdivision.
A. CONSTRUCTION AND DESIGN
I. No building shall be erected,placed or altered on any building plot in this subdivision
until the building plans, specifications, and plot plan showing the location or such
building have been approved as to the conformity and harmony of external design with
existing structures herein and as to the building with respect to topography and finished
ground elevation, by the developer, owner of the herein described real estate, or by their
duly authorized representatives.
II. If the Developer fails to act upon any plans submitted to it for its approval within a
period of fifteen (l5)days from the submission date of the same, the owner may proceed
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then with the building according to the plans as approved.Neither Developer nor the
designated representatives shall be entitled to any compensation for services performed
pursuant to this covenant.
III. All lots in this subdivision are reserved for residential use,and no building other
than a one-family residence or structure or facility accessory in the use thereto
shall be erected thereon.
IV. Not more than one building shall be erected or used for residential purposes on any lot in
this subdivision.
V. The ground floor area of the main structure,exclusive of one-story open porches and
garages, shall not be less than.Twenty-two hundred(2200) square feet in the case of a
one story structure, nor less than Fourteen hundred (1400) square feet in the case of a
multiple story structure,provided no structure of more than one story shall have less than
an aggregate of Twenty-four hundred(2400) square feet of finished and livable floor
area. All garages shall be attached to the residence dwelling and be a minimum of two car
size.
VI. No trailer, tent, shack, attached shed, basement, garage, barn, or other out-building or
temporary structure shall be used for temporary or permanent residence on any lot in this
subdivision. Amattached garage,tool shed or detached storage building erected or used as
an accessory to an residence in this subdivision shall be of permanent type of
construction and conform to the general architecture and appearance of such residence.
No swimming pools shall be constructed in areas reserved as easements.
VII. Front and side yard building setback lines are hereby established as shown on this plat,
between which lines and the property lines of the street, there shall be erected or
maintained no building or structure.
VIII. No building structure or accessory building shall be erected closer to the side of any lot
than ten(10)feet. Where buildings are erected on more than one single lot this restriction
shall apply to the side lines of the extreme boundaries of the multiple lots.
IX. No structure in this subdivision, without special approval from the Developer shall
exceed two and one half(2 1/2) stories or Twenty-five (25) feet in height measured from
finished grade to the underside of the eve line, and no structure other than an open porch
shall be erected between the building line as designated on the plat and property line of
the street.
B.EASEMENTS AND DRAINAGE
1. There are strips of ground as shown on this plat and marked Drainage and Utility
Easement,reserved for the use of public utilities for the installation of water and sewer
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mains,poles, ducts, lines and wires, subject at all times to the proper authorities and to
the easement herein reserved.No permanent or other structures are to be erected or
maintained upon said strips of land, with the exception of the fence or barrier situated
within portions of the easement situated along 146th Street,but owners of lots in this
subdivision shall take their titles subject to the rights of public utilities and said fence or
barrier easement.
II. Areas shown on this plat and marked as Detention/Retention shall be recorded as drainage
easements,reserved for the installation and maintenance of storm sewers structures and
subject at all times to proper City and/or County authorities and the easement herein
reserved. The areas shall be maintained free of weeds,trash or other obstruction by the
homeowner or Homeowner's Association.
III. In the event storm drainage from any lot flows across another lot,provision shall be made
to permit such drainage to continue,without restriction or reduction, across the
downstream lot and into the natural drainage channel or course, even though no specific
drainage easement for such flow of water is provided.
IV. Outlets for sump pump water will be provided for each lot in this subdivision by the
Developer or home builder at the time of lot development.If during excavation of the
foundation for crawl space or basement, ground water is encountered, or if the house
location is in an area of high water table(as per Hamilton County Surveyor or City of
Carmel),an outlet will be provided directly to a storm sewer or approved open ditch with
plastic pipe. The route of outlet will be via platted easements and approved by proper
agencies. Where a storm sewer exists on or directly adjacent to a subject lot, all sump
pumps shall tie directly to storm sewer via underground pipe. Lots not located in an area of
high water table may outlet sump water in the rear yard, no closer than twenty five (25)
feet from established lot lines or platted easements.
V. Construction of any sump pump outlet will commence only when appropriate construction
plans have been submitted and approved by the proper agencies and applicable permits
issued from the local building authority. Where construction will be in established drainage
and/or utility easements, approval must be obtained from City of Carmel or Hamilton
County Surveyor. The maintenance of drainage pipes and facilities for discharging sump
pumps shall be the responsibility of the individual homeowner and/or a Homeowners'
Association.
VI. Geo-thermal heat pumps shall be of the closed loop type only.
C.PROPERTY AND USAGE RESTRICTIONS
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I. No fence shall be erected in his subdivision between the building lines and the property
line of the streets as shown on the within plat, except with the approval of the Developer,
or architectural review committee,which fences shall not exceed seventy two 72 inches
in height and shall be of a decorative nature. Chain link fences are not permitted. No
fences shall be constructed in areas designated for Detention/Retention.
II. No boat,trailer, or camper of any kind(including but not in limitation thereof,house
trailers, camping trailers or boat.trailers), or any disabled vehicle shall be kept or parked
on any lot except within a garage or other approved structure.
11I. No noxious,unlawful or other offensive activity shall be carried out on any lot in this
subdivision, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood
IV. No animals, livestock,or poultry of any description shall be raised,bred or kept on any
lot, except dogs, cats or other household pets may be kept provided that they are not
kept,bred or maintained for commercial purposes.
V. All lot owners will be required to install, or to have installed, at least one gas or electric
"dusk to dawn" yard light in the front yard. All garages opening to the street shall have
automatic door controls.
VI. No lot in this subdivision shall be used or maintained as a dumping ground for rubbish,
trash, garbage or other waste, and shall not be kept, except in sanitary containers. Trash
shall not be burned, except in suitable incinerators.
VII. It shall be the duty of the owner of each lot in the subdivision to keep the grass on the lot
properly cut and to keep the lot free from weeds and trash and otherwise neat and
attractive in appearance. Should any owner fail to do so then the Developer may take such
action as it deems appropriate in order to make the lot neat and attractive and the owner
shall upon demand reimburse Developer for the expense incurred in so doing
D. ENFORCEMENT AND RIGHTS
I. Lot owners,upon taking title, agree to waive all rights to oppose future zoning changes
and special permits necessary to complete the Master Plan of WOODGATE.
LI. The foregoing covenants(or restrictions)are to run with the land and shall be binding on
all parties and persons claiming under them for a period of Twenty-five(25) years from
the date of this plat, at which time said covenants, (or restrictions), shall be automatically
extended for successive periods of Ten (10) years unless changed by vote of majority of
the then owners of the buildings covered by these covenants, or restrictions, in whole or
part.
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III. Invalidation of any one of the foregoing covenants or restrictions,by judgment or court
order shall in no way affect any of the other covenants or restrictions, which shall remain
in full force and effect.
IV. The right to enforce these provisions by injunction, together with the right to cause the
removal by due process of law, of any structure or part thereof erected,or maintained in
violation hereof, is hereby dedicated to the public, and reserved to the several owners of
the several lots in this subdivision and/or their heirs and assigns.
V. No owner of any lot shown herein shall have the right to remonstrate against annexation
of that lot to the City of Carmel.
AMENDMENTS DUE TO CONSENT DECREE
The Amendments are to be considered additions to the above existing Covenants and
Restrictions.
1. Construction and Design. The Langstons (Declarant/Developer) shall take all
necessary steps to cause the Woodgate Lots to be developed as described and depicted in the
WOODGATE PLATS, in conformance with the Amended Woodgate Covenants and
Restrictions and in such a manner as to maintain conformity and harmony with existing
structures, by requiring at a minimum the following:
a. All future houses in Woodgate shall be custom houses and not be built by any
commercial builders or tract home builders (e.g. including but not limited to the following:
Trinity Homes, C.P. Morgan,MIl Homes, Deluxe Homes,Hansen &Horn, etc.).
b. All future houses in Woodgate shall have at least three(3) sides of brick wrap on
the first floor and all exterior fireplaces must be full brick. The use of gas fireplace inserts that
are vented similar to water heaters through the side of a house will not be considered a chimney
and thus will be exempt from the brick requirement. Builders may use Drivet or comparable
plaster type of product in lieu of brick exterior.
c. All future houses in Woodgate shall have a partial basement unless they are built
on the following power line lots: 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 90, 91, 104, 108, 110 and
194 (per Plat). All lots built on the aforementioned power line lots shall be built upon crawl
spaces or basements, if so desired. No slabs shall be allowed for any houses in the Woodgate
subdivision, even on the power line lots described above.
d. No houses in Woodgate shall be allowed to use vinyl siding in their
construction or future remodeling, but vinyl clad windows shall be allowed so long as said
windows match the color of the house and are approved by the architectural control committee.
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II. Ownership and Maintenance of Entry Ways, Barrier or Fence and Landscaping
Easements.
The entry ways and the fence or barrier situated along 146th Street shall be Common
Property as defined herein and shall not be the property of any individual property owner.
The Langstons (Declarant/Developer) shall maintain the Entry Ways and the
Landscaping Easements and all improvements and planting thereon, and the Maintenance Costs
thereof, until the time the subdivision is complete. After such time the Corporation shall maintain
the Entry Ways,the barrier or fence situated along 146th Street and the Landscaping Easements
and all improvements and plantings thereon,and the Maintenance Costs thereof. Grass,trees,
shrubs and other plantings located on an Entry Way or a Landscaping Easement shall be kept
neatly cut, cultivated or trimmed as reasonably required to maintain an attractive entrance to
Woodgate or part thereof. All entrance signs located on an Entry Way shall be maintained at all
times in good and sightly condition appropriate to a first-class residential subdivision.
III. Homeowners Association. The homeowners in Woodgate shall, with the
assistance of the Langstons(Declarant/Developer),form a mandatory Homeowner's Association
for all current homeowners who agree to be so enjoined and for all future lot/homeowners
(including lot/homeowners of lots 141 and 169 of the new subdivision to be constructed by
Developer directly west of Woodgate).
IV. Architectural Approval Committee. The Langstons(Developer)shall cause to be
created an Architectural Approval Committee. Such Committee shall be entirely controlled by
the Langstons (Declarant/Developer)until such time as all of the lots in Woodgate have been
sold(at which time the Homeowner's Association shall control the Architectural Approval
Committee). Such Architectural Approval Committee shall exercise the right to regulate the
external design, appearance, use, location and maintenance of development on the Woodgate
lots. Although the Architectural Approval Committee shall,in exercising such right,utilize the
criteria set forth herein as minimum requirements for approval, the Committee may where
necessary require that such minimum requirements be exceeded in order to maintain conformity
and harmony with existing structures of Woodgate.
V. Enforcement and Rights. The Langstons (Declarant/Developer) shall provide
within two(2)business days of receipt,to the President of the Homeowner's Association or to
his/her designee, a copy of all "Lot Development Plans" for all homes proposed to be built in
Woodgate(including lots 141 and 169 of the new subdivision). The Association shall have five
(5)business days from actual receipt of such plans to report any objections of comments that the
Association may have to the Langstons (Declarant/Developer). If the Association does not
provide such objections to Langston(Declarant/Developer), it is to be assumed that the
Association has no objection to the proposed plans. The Association shall have no vote on
approval of the architectural plans until all lots are sold; however, the association shall be
entitled to enforce their rights under the Amended Covenants and restrictions, any recorded
covenants and the Consent Decree entered into as a resolution to the Lis Pendense filed in
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Hamilton Superior Court of Indiana under Cause number: 29D02-9310-CO-388.
ADDITIONAL AMENDMENTS
These Amendments are to be considered additions to the above Existing Covenants and
Restrictions as well as the Amendments Due to Consent Decree.
I. Initial Assessment. The Initial assessment for Operations shall be set at twenty
dollars ($20.00). Such assessment is a one-time initial assessment to defray the cost of
organizing and forming the Corporation and to establish the "Reserve for Replacement" fund.
This assessment is due form existing homeowners and payable to the Woodgate Homeowners'
Association of Carmel, Inc. immediately upon incorporation of the Corporation. The assessment
is due from all future homeowners at the time of occupancy.
II. Dues. The annual dues shall initially be set at twenty. dollars ($20.00)per
member. All future dues shall be set by resolution of the Board of Directors.
Ill. Ponds. The Woodgate Homeowners' Association of Carmel, Inc. agrees to
subordinate its control over the drainage ponds to the actual property owners (per Woodgate
Plat) of the drainage pond real estate and/or their specified Pond Homeowners'Association. The
Woodgate Homeowners' Association of Carmel, Inc.realizes that such property is "Private
Property" to be maintained, controlled and utilized solely by those property owners of the ponds
(as shown in the Woodgate Plat)within the guidelines of the above Woodgate covenants
including but not limited to the EASEMENTS AND DRAINAGE RESTRICTIONS and
PROPERTY AND USAGE RESTRICTIONS. The pond property homeowners shall be solely
responsible for any and all liability regarding such property as well as all costs for special
maintenance of such property. The Woodgate Homeowners' Association does reserve all rights
granted it by the Articles of Incorporation, Bylaws and above Covenants in regards to such
property.
IV;�'`" i4ree Puce or Barrier. The entry ways and the fence or barrier situated
along 14611 Strut sljrall be Common Property as defined herein and shall not be the property of
any individual property ownerThe maintenance of these structures shall be the responsibility of
the Woodgate HoineO*hefs Association of Carmel, Inc.and not any individual property owner.
THIS SPACE INTENTIONALLY BLANK
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IN WITNESS WHEREOF,the undersigned Declarant and the Association have executed
this Declaration as of the date first above-written.
WOODGATE HOMEOWNERS ASSOCIATION OF
CARMEL,INC.
41pririffrair
By: 41
Craig Stiff,Presiden .11111Pr
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for the State of Indiana,personally
appeared L . r„,roAri SVP who is the Pres∎Ae,,,+
of the Board of Woodgate Homeowners Association of Carmel, Inc. who acknowledged the
execution of the foregoing instrument to be a voluntary act and deed within the scope of his/her
authority.
r
Witness my hand and Notarial Seal this 3 day of JAS tAct(`y f O
I am a resident of /r'tc,t•■w n (--put n 4 y
;
County, Indiana, and my Signed: ice/,
Commission expires: Print 00111.111r7-
111 S (`9--Ld r5'Public)
o�
ota
/ 4' JOHN JAMES COX r`
Social Security Number Certification (Required by IC 36-2-11-15" Notary Public-Seal a`
Slate of Indiana
Expires Jut 5 2020
I affirm,under the penalties for perjury, that I have taken reasona..- G �w...�
Corrxrtisaion
Security number in this document, unless required by law.
Peter S.Beering
This instrument was prepared by:
Peter S.Beering,Attorney at Law
P.O.Box 68465,Indianapolis,Indiana 46268
(317)513-4341 Fax(317)569-7670
pbeering au_itinest met
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EXHIBIT A
The Annual Meeting was held of the Owners of lots which comprise the Association December
16, 2012. Notice of the meeting was mailed by United States Mail and was transmitted by
electronic mail to all owners of record December 5,2012.
116 of the143owners of record appeared in person or by proxy submitted to the Treasurer prior
to the meeting. After it was determined that a quorum was present,voting was held on the matter
of amending these Covenants pursuant to the provisions contained herein. 91 residents voted in
favor of the amending these Covenants, 21 voted against, and 4 abstained. This constitutes a
majority as defined herein.
es Laverdiere, Secretary WHOAC
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for the State of Indiana,personally
appeared ,}ctrn L v UP rc�',z r� who is the .e,Lr -+D J-4
of the Board of Woodgate Homeowners Association of Cannel,Inc. who acknowledged the
execution of the foregoing instrument to be a voluntary act and deed within the scope of his/her
authority.
Witness my hand and Notarial Seal this 0 day of ( 1 AY1 U u 1 j /0)-3 -
, .
1 am a resident of 14 ttr; C04,01'11,
County, Indiana, and my Signed:
Commission expires: Printe:� /,� „ f,m�f ,,„-
(Notary Public)
ju lr (, 20 „re
ry JOHN JAMES COX
Social Security Number Certification(Required by IC 36-2-11-15) Notary Pubtic-Seal
State of Indiana
My Commission Expires Jul 5,2020
I affirm,under the penalties for perjury, that I have taken reasonable c'w `v.-..rJ J
Security number in this document,unless required by law.
Peter S.Beefing
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