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4-3-24 PB Agenda Packet
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4-3-24 PB Agenda Packet
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4/3/2024
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4_3_24 Planning Board Minutes
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96 <br /> (a) Reasonably assure itself that the amendment has been validly approved by the <br /> Owners of the required number of Lots. (For this purpose,the Board of Directors may rely on its roster of <br /> Members and shall not be required to cause any title to any Lot to be examined). <br /> (b) Attach to the amendment a certification as to its validity, which certification <br /> shall be executed by the Association in the same manner that deeds are executed. The following form of <br /> certification is suggested: <br /> CERTIFICATION OF VALIDITY OF AMENDMENT TO DECLARATION OF COVENANTS, <br /> CONDITIONS,RESTRICTIONS AND EASEMENTS FOR WILLIAMS GLEN <br /> By authority of its Board of Directors, Cates Landing Homeowners Association, Inc. <br /> hereby certifies that the foregoing instrument has been duly approved by the affirmative vote or <br /> written agreement signed by the Owners of Lots to which not less than sixty-seven percent(67%) <br /> of the votes in the Association are allocated and is, therefore, a valid amendment to the <br /> Declaration of Covenants,Conditions,Restrictions and Easements for Cates Landing. <br /> This the day of <br /> Williams Glen Homeowners Association, Inc., a <br /> North Carolina nonprofit corporation <br /> By: <br /> Name: <br /> Title: <br /> (c) Immediately, and within the thirty (30) day period aforesaid, cause the <br /> amendment to be recorded in the office of the Register of Deeds of Orange County,North Carolina. <br /> All amendments shall be effective from the date of their recordation in the office of the Register of <br /> Deeds of Orange County,North Carolina;provided,however,that no such instrument shall be valid until it <br /> has been indexed in the name of the Association. When any instrument purporting to amend this <br /> Declaration has been certified by the Board of Directors,recorded and indexed as provided by this Section, <br /> it shall be conclusively presumed that such instrument constitutes a valid amendment as to each Person <br /> thereafter purchasing any Lot. <br /> Section 13.04 Termination. Except to the extent otherwise expressly required by the Act or <br /> other applicable law, unless and until this Declaration is terminated pursuant to the affirmative vote or <br /> written agreement signed by the Owners of Lots to which not less than eighty percent(80%)of the votes in <br /> the Association are allocated, all of the covenants, conditions, restrictions, easements, liens, charges, <br /> assessments and equitable servitudes set forth in this Declaration shall run with and bind the Property for a <br /> term of twenty(20)years from the date this Declaration is recorded in the office of the Register of Deeds of <br /> Orange County, North Carolina, after which time they shall be automatically extended for successive <br /> periods of ten(10)years each. Any instrument terminating this Declaration shall state the effective date of <br /> termination of this Declaration, shall provide that the responsibility for the maintenance and upkeep of the <br /> Common Elements shall remain with the Owners in perpetuity, and shall be recorded in the office of the <br /> Register of Deeds of Orange County,North Carolina <br /> Section 13.05 Lender's Notice. Upon written request to the Association identifying the name <br /> and address of the holder, insurer or guarantor and the Lot number or address,any mortgage holder,insurer <br /> or guarantor will be entitled to timely written notice of: <br /> (a) Any condemnation or casualty loss that affects either a material portion of any <br /> Lots and/or Common Elements securing its mortgage. <br /> 21 <br />
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