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112 <br /> meeting, which notice shall set forth the purpose of such meeting. The foregoing shall not limit <br /> the right of Declarant to amend and/or supersede, in whole or in part, the terms and provisions <br /> hereof, as such right in favor of Declarant is described in Section 3 below. <br /> Section 3. Amendment <br /> . Except as otherwise expressly provided herein and subject to the limitations hereinafter <br /> contained, this Declaration may be amended or modified at any time by a vote of no less than <br /> sixty-seven percent(67%) of all votes entitled to be cast by the Association Members,which vote <br /> is taken at a duly held meeting of the Association Members at which a quorum is present, all in <br /> accordance with the Bylaws. Provided,however, if sixty-seven percent(67%)of all votes entitled <br /> to be cast by the Association Members cannot be obtained at such a meeting,then this Declaration <br /> may be amended by obtaining the vote of sixty-seven percent (67%) of all votes present at a duly <br /> held meeting of the Association Members at which a quorum is present and by,within ninety(90) <br /> days of such vote, obtaining written consent to such amendment by Association Members holding <br /> a sufficient number of votes to comprise, along with such Association Members voting in favor of <br /> the amendment, a total of sixty-seven percent(67%) of all votes entitled to be cast by Association <br /> Members. Further provided, that any amendment or modification to this Declaration must be <br /> consented to by Declarant, until such time as a Certificate of Occupancy has been issued for a <br /> residence on every recorded Lot within Eden View Acres, which consent Declarant may grant or <br /> withhold in its sole discretion. Any amendment or modification upon which the vote of <br /> Association Members is required pursuant to this Section 3 shall become effective when an <br /> instrument executed by the Association Members voting for such amendment or modification is <br /> filed of record in the Office of the Register of Deeds of Chatham County,North Carolina;provided, <br /> however, such an amendment or modification, in lieu of being executed by the Association <br /> Members voting for such amendment or modification, may contain a certification of the Secretary <br /> of the Association stating that the amendment or modification has been voted on and approved by <br /> the requisite number of votes of the Association Members, as provided in this Section 3. <br /> Notwithstanding the terms of the immediately preceding paragraph of this Section 3, until the <br /> Turnover Date, Declarant, without obtaining the approval of any Association Member or any <br /> Owner or Owners other than Declarant, shall have the unilateral right, in its sole and absolute <br /> discretion, to make any amendments or modifications hereto which Declarant deems necessary or <br /> desirable, including, without limitation, amendments or modifications to any procedural, <br /> administrative or substantive provision of this Declaration. <br /> Section 4. Release of Property <br /> . Until the Turnover Date,Declarant shall have the right,in its sole and absolute discretion,without <br /> the consent of the Association,any Association Member or any other Owner,to release any portion <br /> of the Property then owned by Declarant from the terms of this Declaration by recording a release <br /> in the Office of the Register of Deeds of Chatham County, North Carolina. After the recordation <br /> of such release, the portion of the Property described therein shall not be subject to the terms of <br /> this Declaration. <br /> Section 5. Enforcement; Litigation <br /> 41 <br />