59
RESTI\TED FIRST M'IENbHEN'r TO DECL1\MTION 0::' I: 1; fJfJ L,;,::;, 'l',\HTdtl\C!(, '" :'. t<C TIJIS RESTI\TED FIrtST l\HENbHENT OF DECL1\Rl\TION OF SPtUNGHILL LJ\KES I\T TMil\RJ\CK IIORlZONTJ\L PROPERTY RECHHE ( th is "Restated t" Firsl::. T\Jnendmenl::.ll), is made this )S- -day of Hat, 1985, by . . Plall-Tec, Inc. (ItOeclarnnt:."), an indiana corpora!:lon. RECITI\LS 1\. Dec 1a r anI::., has execul::.ed and recorded a cer,l::.ain "Dec1araUoll of sprlngmil1 Lakes 1\1: Tamarack lIorb:olll::.al Properl::.y Regime," dal::.ed JatlUary 4, 1985 :'andrecorded 011 Jalluary 18, 1985 as lllsl::.rumenl::. NUmber 85-4674 1.11 the office of I::.he Recorder of County, Indialla (hereinafter called I::.he "Declaral:ion"), alld a certain "First !\mendmenl: To DeclaraUoll " of springmil1 Lakes at Tamarack Property Regime," dal::.ed I\pri1 30,1985 and recorded on Hay 1,1985 as Instrumenl::. Number 85-34694 in I::.he office of I::.he necorder of Incliana (hereinafter called I:he "First !\mendment:. tI ). :J- B. lI:. wag discovered '=.hal: certain provisious , 9,,- tP.1 < secondary lellding insl::.itutione were inadvertently omitted the Oeclarat:.ion, aud in order '=.0 correct such Dec1aranl::. amended the Declaration by execuHng and recordi.!l the First l\.ni'endment. C. It has since been discovered' t:.hat:. cert:.ain provisions cOlltained in', the Firsl:: which are required by such' secondary lending iltsl::itutiona !leed 1::0 be furt:.her amended and clarified, and Declaranl:: noW desires to amehd ahd clarify such provisions by sUbstU:uHng I:hia Real::ated First !\mendmenl:: for the First !\mendmenl::. \ D.:' 'I11e changes deeired and herein are i to certain provie,lone of the Declaration' and of t:he Code of I of Springmill Lakes 1\t:. Tamarack Bori1.ont:.al Propert:.y negime which wine at:tached as Exhibit: D 1::0 the Declaration. E. Declarant has the power to amend t:he Declarat:iotl and I i the Code of Oy-Laws pursuant:. t:o t:he provisions of Section 25 of I

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Page 1: ; I: fJfJ ' :'. t

RESTITED FIRST MIENbHENr TO DECL1MTION 0 S~middot I 1 fJfJ L lHTdtlC(

tltC

TIJIS RESTITED FIrtST lHENbHENT OF DECL1RlTION OF SPtUNGHILL

LJKES IT TMilRJCK IIORlZONTJL PROPERTY RECHHE ( th is Restated t

Firsl TJnendmenlll) is made this )S- -day of Hat 1985 by Plall-Tec Inc (ItOeclarnnt) an indiana corporalon

RECITILS

1 Dec 1a r anI has execuled and recorded a cerlain

Dec1araUoll of sprlngmil1 Lakes 11 Tamarack lIorbolllal

Properly Regime daled JatlUary 4 1985 andrecorded 011 Jalluary

18 1985 as lllslrumenl NUmber 85-4674 111 the office of Ihe

Recorder of ~tarion County Indialla (hereinafter called Ihe

Declaralion) alld a certain First mendmenl To DeclaraUoll

of springmil1 Lakes at Tamarack Ilorl~ontal Property Regime

daled Ipri1 301985 and recorded on Hay 11985 as Instrumenl

Number 85-34694 in Ihe office of Ihe necorder of Harlon~lt1ly(

Incliana (hereinafter called Ihe First mendment tI ) ~r ~ ~p J- ~A

B lI wag discovered =hal certain provisious requirt~~~ ~ bull 9- tP1 lt

secondary lellding inslitutione were inadvertently omitted r~CU

the Oeclaration aud in order =0 correct such omissio~q Dec1aranl amended the Declaration by execuHng and recordil

the First lniendment

C It has since been discovered that certain provisions

cOlltained in the Firsl lmHdmet1~ which are required by such

secondary lending iltslitutiona leed 10 be further amended and

clarified and Declaranl noW desires to amehd ahd clarify such

provisions by sUbstUuHng Ihia Realated First mendmenl for

the First mendmenl

D I11e changes deeired and Be~ for~h herein are llml~ed i

to certain provielone of the Declaration and of the Code of

I By-Lamiddotu~ of Springmill Lakes 1t Tamarack Bori1ontal Property

negime which wine attached as Exhibit D 10 the Declaration

E Declarant has the power to amend the Declaratiotl and

I i the Code of Oy-Laws pursuant to the provisions of Section 25 of

I

the lJeclaraUon ond pursuanl 10 1rlcle Vl1 of Ihe Code o[

ny-Laws respeclivelYI

NOW THEREFORE Declaranl hereby omends the tJeclaraiol1 olld

Code of ny-Laws as followsl

1 Section L06a) of ~he Code of ~y-Lawst which delLneshy

)e9 Ihe powers of the Ooard of lJireclor13 is hereby amelH1eu 10

read as follows t

To employ a professional Hanaging 1gel11 or neal Estnle ~lal1agemel1t Company (eilher belllg hereluafler referreu to as tlaI1agitlg 1getlt or ~at1agepiellt Company) to assist the Doard 111 performing ila duHest provlded however thaI ally such Hatlagemettt Jgreemenl shall be for tI Ierm of tto lottger l11an Ihree years alld shall be termil1able wilhout cause alld withoul pel1aHy upon 110U ce to Hallagemelll Compatty of no more Ihan niney (90) days

2 Seclon 603 of he Code of ny-Lnws relalug 10

regular nssessmellts is hereby amended o read as followst

111e ol1l1ual budgel as adopled shall based 011 the esllshy mnted cash requiremen for he Common Expenses 111 he

el1suil1g year as poundle forlh in sald budge Colt I a lit a proposed H~SeHmet1 againsl ench Dwelling Uult based 011 the Percel1lage ltlereal of each Dwelllng Unl Hmes Itle Iotal amoul11 of sald budgel (hereill called Ihe negular J 9 9 e 9 s me n t ) bull Th e neg u 1a r J9 S e ssme tll a9 a ins I e a c h Un it shall be paid ill Iwelve (12) equal monlhly Ittstallshymel1to commel1Cillg 011 Ihe firsl day of Ihe monlh fol10w1~lg adoption alld cot1linuillg 011 he first day of each calendar mOl1th thereaHer Paymenl of the monthly 111sta11me1119 of I he negular Jsseaameul shall be made 10 the noard of D1reclors or the Hat1aglng Jgel1l as dlrecled by Ihe lJoard of Dlrectorsl provided however UtltOtlyowl1er may elect to pay mOlllhly Jsseasmenls In tldvance The negularfssessmetlt for each year shall become allen 011 encll separate Dwe111t1g Unit as of he dote of he adopUol1 of he allllual budget tJeclarallt poundlllall be reopollsible for he l1egulat Jssessmel1t for eoch IJwellll1g Unit prior to the dae on which It is il1ltlally sold 111 addition Ihe Declnrant shall be responsible for tllly deficits dUrltlg he period 1n whIch It cotltrols Ille f9socialiol1 and Declaranl shall also establlsh and mall1laItl during such period a reserve f uDd for replacemenl or major repa ir of Common freas based upon its good failh esllmale~ of replacemenl cosls and use ful 11 fe of Buch Common Jreas Each Owelllng Utll~ OWller shall pay- Ihe JsElociaton n l1egular Jssessmel11 txaed Oil Ihe percet1lage in~eresl for each Dwellltlg Unl oWl1ed the lola1 of nll such l1egu1nr Jss9ssments shall be applied 10 Ihe paymenl of the regUlar commOil expenses provided for itl the Ilullual buugfl inclUdIng expetllHHI fot maltllenattco Bl1d repair of the Commoll frens uecesfJarr itl~urance cosb reserve funds for replacemetlls and rna nletlance coals of opernshylOll of 11e cornmunly aotlvitiee and faclliHee of he Jssocinion and for any oher necessary or appropriate expenses for mainellal1Ce end opera10n of he Regime

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J Seclol1 601 of 1119 Code of By-Laws relaHllej 10

reserve oml worldllg capllal fUIlUa ll he~eby amel1ded 10 reac1 as

followsl

negerVe and worklltg Capi~nl Funds The 19socia~10t1 eTiarlbeOoTIgate(]-tCJestaorreh n teeerve fUlo lot ~be repair and teplncemell~ of those Commol1 1reas thal mUtl~ be replaced perlodlcCll1y btsed upon good fnl~h etlUshymcd e s 0 [ I h 9 U0 e [u 1 11 E e 0 Il d rep lac e men I co s I s 0 f s u c h CommOll recHI mode or oblnllled by Ihe ssoclaUoll The reserve fUlld shall be funded Il1roug11 Ihe paymellls by Ihe OWl1ers (and by tJecleral11 for all unsold Dwelling

Urdls ulllll InUially sold) o~ Commol1 ExpetleetJ alld 110~ by nIl ettlrnordlllnry or lipecinl 1lsesemel1L ExtraordishyIHlty expelldltures no otiginally ittcluded ill he tllwunl budge l1Jal become Ileceesary clUritlg ~he year shall be chnrged firsl ngailHl1 ~he reserve funo eo 9slabllshed brdore OilY SpeclnJ 9sesomelll is made or levled lherefor 111 adcHUotl 10 lhe reserve fund a workltlg cflpilal [ulld shall be eslabllehed and moinlaiued by he 9soclotloll When each DwellilH1 Uld le added 0 he l1eglme Ille 9social011 shall be paid by Declarant all nmoulll equal 10 olle mOl1lh lEI il19lallmel1 of he negular s s e s smell for Common Expene es for such unsold Owe ltillg UI11 which umOUIl ehall be re~ahled as a working cupitill re1Jetve by 11e 1lsociotiol1 os is own fUtlds ond no I Ihe [ullda of Declnrotl In addilioll Declaranl ehal1 mainlaln 011 deposit wlh Ihe ssocloHol1 from Ihe dole ench Dwelling Unil is added 0 he Regime all

omoulll al leasl equal omiddotol1e-sixlh (li6) of Ihe Regular 9ge9gmell~ for Common Expenses for each unfwld Dwelling Unl for Ilte curtelll caleudar year tiS a reserve fund Whelt I Dwelling UI111 is lll~ially s01u Oeclarol~ shell be teimbursed Eor Ihe depoeHs made 10 ~he workittg c(lpl~al hllld nIH) 10 11e reserve fUlld by he OWl1et of l11e tJwelllng Ultit Who shall pay euch amoullls ~o tJecllttrnlll 01middot cl09ing JJnouns paid or deposied Inlo 1he workitlg cnpi1al or teserVe fUllds ehall no relieve lttil OWller middotpoundrom Illi9 reapollaibllly for Ihe Regular 9ge09mel1ls due itl occordal1ce wll11 IhlE1 rlicle Vi 11 OmOUI119 held by Ihe ssociatiol1 puraualll 10 Il[s SecHolt 601 shall be coltsidered a reserve and 1101 advance paymet1ls of asseeemenbt for Commol1 Expel1ses alld shaUbemiddot mailllailled itl a federolly-il1sured 11l1ere91-beatllg occounl itl a batlk or savil1gs and 10011 nS9ociallol1 doil1g busltlese itt Hariotl Counly Indiana ond all inlerea Ihereolt shall be added 10 and deemed a parI of such fund

-1 1rllcle Vll of he Code of ny-LawtJ relollllg ~o

amendmel1ls is hereby amellded ~o reau as follows t

These ny-LaWs may be amenued il Ihe samemantler al19 ~o ~he enme e~ell os the Declandlon may be amended provIded ~ha~ Seciof 601 shall be deemed a faedal mendmett1 and excepl as ptohiblled by ony provisiol1 o[ Ihe Declara1ion t)le cl or theae 0Y-Laws as Ihe same may be amellded from ime 10 Ume provided ~ha~ tilly mendmenl proposed 10 be made dUring Ihe period oet ou1 In SecHol1 206 shall requIre the consent of lhe 11111101 tloard of DltecotB

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relat1ng to5 Sect 011 16 of the tJeclaraUon

lIssessmellts 1s hereby amended to read as follovHII

section 16 tssessmenls

l Liability for lssessmel1ls Is of the first day of the-tfFetmotiEllto110wliig-lts addUioll 0 the negime erich IJwellil1S1 Ullit olld Iie Percentage Ilderest appurlel1alll Iherelo shall be eubjecl 10 Ihe negulor lssessmeltts alld Special lsaessmenls for Commol1middot Expenses as prov ided ill IIl le Secllol1 16 and all such lIssessmel1tn shall consllule Hells upon each Dwelllllg

Ulllt nltd appurtellnnl Percenlage 1tlleresl as of the dole of delermillalon of eachmiddot such leeesemettt by the lssocialioll as further provided and described 111 Ihe ny-tows The dale(s) 011 whIch 1sseosmel1ls are due and pt1yable shall be as opecipoundled ill middotllds DeclaraUotl or the ny-LoWS or if nol so specified Ihen as determined by the Soard of Dlrec~org III addnion each Owner shall be peroollally Hable for the amounts of oilY ltI ltd all lssesstt)el1ts which become dUe altd pnynble dUrlllg I he period ill which such middotOwl1er holds ree simple ltla to a Dwelling Unil No OWller shall be personally liable for any tssesemel1ls which poundirel become due alld payable prior 10 the Hme such OWller ook title 10 a bwellll1g Ultil uniess he expressly aSSUmes such llabilily excepl as may otherwioe be r9fJulred by the lct lIowever a conveyance by all Owner of hia IJwelliug ulllt eha tlOl operae to release or llmltthe 11abilIy of an owner for 1ssessmellts becomitlS due and payable while such Owner holds fee simple Iltle to a Dwellil1S Unit The liell of any lsaessmen shall be eubordinate 10 l11e liell of alY firsl mortgage 011 ~lt1Ymiddot Dwelliug Unlt which was recorded prior to the recording of a ltoHce of inlenHoll 10 hold a lien for delinquent lssesemenls ott allY Dwelling Unil

O Collection of lssessmellts Bnch lssessmenl slH1I1be tloeotC1paynETewlEtllilteil (10) day1 oE the dlle dle thereof ns specified itl tIde Declaralion ill Ihe Oy-Laws or if tlol so specified Ihen wlthill lel1 (10) clays of ally due dale(s) delermiued by lhe Ooard of Direclors and lhe dale marking the end of Ihe appllcatjlemiddot ima tJEnioa allowed herein for the paymenl of such tssessmelll is hereby Iermed Ihe Dellnquency Dale tI1Y lssessmellt which io not paid in full by the Dellnquellcy bate shall be deemed oeHl1quenl withoul furlher noHc or demand 10 Ihe defaulltl1g OWl1er 0110 shall benr inlereal on Ihe unpaid balance thereof from the Delinquency Dale unlll fully paId at a rale of interesl equal 10 eighleel1 percent (18l) per allllUm III the event Ihal allY coats or expellses 1licludiug allorl1eys fe99 are Itlcurred by or 011

behalf of Ihe t990cIallotl wllh respecl 10 Ihe recovery or collection of allY delinquent lsgessment all Buch costs and fees altall be due ond payable ImmedialelY by such delinquent Owner and shall bear Inlerea from he dates 111 cur red Un H 1 pa 1d 111 full af Il r a I e or inlerest equal to elghleen (lOt) per at1llUm 111 interest and all cosls and expellses payable hereulH1et wilh respecl to odellttquenl 1sseeamenl shall be added 1 0 ottd dee m e dopa rIo f sueh tl e 11 tl qu e tl t l a e e a em e Ill Il n d shall COilS Il Iule 1 11 ell 011 the tlelltH1Uettl Ownerg Owe III 119 UId t l 11 cl t e r c en I a 9 ~ I 111 e tea I 13 S 0 f the tl 11 I e on which euch dellnquent Iaaesament first became Il

llel1 III the evenl Ihat any leseeemetlt ie tlol fully paid on or before the JellnC1uency Jate Ihe

bull I

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1 9 soc i a I i 0 11 9 hall be e t I it 1edt0 a c c e 1 era tea 11 d declare due and paYlt1b1e in full all insla11mellls of flsse9smelllo due for l11e year in Which ouch delinquency occurs oml 10 enforce payment of Ihe same by foreclosure of said lien andor other appropriale leg(11 proceedings ill accordance wilh I he laws of the Slate of Indiana 1lly such lien aglt1il191 a DwellIng Ullit and Hs tercellnge Iltterest shall be subonHIHlte 10 allY firs Hortgage covering such Dwelling UltH alld its tercetltage Illteresl 1f alld 0 the extell stich Ilortgnge was recorded prior 10 11Ie due dale of the delinquent flsse99mellta

6 Seclon 17 of the tJec1aralioll re1aling 10 ilHlural1ce

is hereby amended 10 read aa f0110wal

Secl i 011 17 1119 ur allce

fl The fl9socialioll shall obtain fire and e x I e 11 d e d co verag e ill sur a p c e illS uri tl9 a 11 Ow e 11 i 1 9 Unils ill the Regime includil1g all fxures appliances alld olher improvements illsa11ed and sold by tJec1anllll as a porI Ihereof alld nIl Common 1reas in 1110 Regime and all fixlures bul1dltlg oervice equipmelll and other pereol1tl1 properly belonging 10 Ihe 1esociat1oll til nil amount equal to Ihe full rep1acemel11 cosl hereof from time 10 Ume as delermilled by a qualified appraiser Such insurallce shall be ill Ihe form of a m a 9 I e rca a u a it y po 11 c Y for 11 e e 1 Il r e neg i me ahall contatl1 l Hep1acemell Coel Elldorsemettl1I and shall provide thaI t10lwilhslallding allY provisIon Ihereof giving Ihe insurer illl e1eclioll 0 restore damage 111 leu of a cash s~lemenll such opl1011 s11(111 no I be exercisable ill the evell Ihe OWl1ers do 1101 elecl to restore pursuanl to Se~loll 19 Such inaurallce tlhall include when they (Ire applicable or call be obtained (lgreed amount inflcdioll guard demo1iUOll coal sleam boIler and machinery cOIlUngenl liablllly from operashytiol of building lawa alld illcreased cosl of construcshylOll elldoraemellts lit additioll such insurance shall include items typically covered by a epecial condom ild um ellc10r semelll 1HC 1ud 1ttg tha t any llla ur al10e trusl agreemenl will be recogl1ized thaI insurance will 1101oemiddot prejudiced by any acts or omissions of individual oWnero ha are 110t under the cOlllrol of the Jssocialion and Illat Ihe insurance wIll be primary eVell if Oil Owner hos other insuronce 11101 coVers he (1lt1 me 10aa Such isurnuce shnll also require he Insurer to noUfy the 1ssociaUon aud each OWllers Horlgagee at leas I ten (10) days before it cOl1ceis or substantially modlfles Buch coverage Such insurance coverage ehall be in ~he name of ~he lssoclatlol1 for the usa alld benefl of each OWl1er Forelcll Dwel11l1g Unit Illortgaged auc1 polley shall cOlllaill 0 S1llldnrd Hortgage Clause and shall Ilame each QWller IS rmiddotortgagee alld ita successors and asslgns The amoull of coverage shall be iltcreased from Hille to Ume ~o cover all ndditiotHl ~o the ttegime The rroceeds from allY loss shall be payable ~o the Jseoclat on Who shall hold and apply such proceeds as ItUstee for 1e individual Owners aud Hodgagees BEJ their reepeclive interestg shnll ~ppear The proceeds Bhall be used or disbursed only in accord~llce with the provlalolls of Ihis Section 17 aud of Seclol1 19 of Ihls Declaralioll ne oppllcnble ond any surety bOlld or bonda obtained by Ihe t30ard of Ditectoto covering the officers of l1e

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negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

- 8 shy

1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

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middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

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IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

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I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

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----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

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LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

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ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

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Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 2: ; I: fJfJ ' :'. t

the lJeclaraUon ond pursuanl 10 1rlcle Vl1 of Ihe Code o[

ny-Laws respeclivelYI

NOW THEREFORE Declaranl hereby omends the tJeclaraiol1 olld

Code of ny-Laws as followsl

1 Section L06a) of ~he Code of ~y-Lawst which delLneshy

)e9 Ihe powers of the Ooard of lJireclor13 is hereby amelH1eu 10

read as follows t

To employ a professional Hanaging 1gel11 or neal Estnle ~lal1agemel1t Company (eilher belllg hereluafler referreu to as tlaI1agitlg 1getlt or ~at1agepiellt Company) to assist the Doard 111 performing ila duHest provlded however thaI ally such Hatlagemettt Jgreemenl shall be for tI Ierm of tto lottger l11an Ihree years alld shall be termil1able wilhout cause alld withoul pel1aHy upon 110U ce to Hallagemelll Compatty of no more Ihan niney (90) days

2 Seclon 603 of he Code of ny-Lnws relalug 10

regular nssessmellts is hereby amended o read as followst

111e ol1l1ual budgel as adopled shall based 011 the esllshy mnted cash requiremen for he Common Expenses 111 he

el1suil1g year as poundle forlh in sald budge Colt I a lit a proposed H~SeHmet1 againsl ench Dwelling Uult based 011 the Percel1lage ltlereal of each Dwelllng Unl Hmes Itle Iotal amoul11 of sald budgel (hereill called Ihe negular J 9 9 e 9 s me n t ) bull Th e neg u 1a r J9 S e ssme tll a9 a ins I e a c h Un it shall be paid ill Iwelve (12) equal monlhly Ittstallshymel1to commel1Cillg 011 Ihe firsl day of Ihe monlh fol10w1~lg adoption alld cot1linuillg 011 he first day of each calendar mOl1th thereaHer Paymenl of the monthly 111sta11me1119 of I he negular Jsseaameul shall be made 10 the noard of D1reclors or the Hat1aglng Jgel1l as dlrecled by Ihe lJoard of Dlrectorsl provided however UtltOtlyowl1er may elect to pay mOlllhly Jsseasmenls In tldvance The negularfssessmetlt for each year shall become allen 011 encll separate Dwe111t1g Unit as of he dote of he adopUol1 of he allllual budget tJeclarallt poundlllall be reopollsible for he l1egulat Jssessmel1t for eoch IJwellll1g Unit prior to the dae on which It is il1ltlally sold 111 addition Ihe Declnrant shall be responsible for tllly deficits dUrltlg he period 1n whIch It cotltrols Ille f9socialiol1 and Declaranl shall also establlsh and mall1laItl during such period a reserve f uDd for replacemenl or major repa ir of Common freas based upon its good failh esllmale~ of replacemenl cosls and use ful 11 fe of Buch Common Jreas Each Owelllng Utll~ OWller shall pay- Ihe JsElociaton n l1egular Jssessmel11 txaed Oil Ihe percet1lage in~eresl for each Dwellltlg Unl oWl1ed the lola1 of nll such l1egu1nr Jss9ssments shall be applied 10 Ihe paymenl of the regUlar commOil expenses provided for itl the Ilullual buugfl inclUdIng expetllHHI fot maltllenattco Bl1d repair of the Commoll frens uecesfJarr itl~urance cosb reserve funds for replacemetlls and rna nletlance coals of opernshylOll of 11e cornmunly aotlvitiee and faclliHee of he Jssocinion and for any oher necessary or appropriate expenses for mainellal1Ce end opera10n of he Regime

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J Seclol1 601 of 1119 Code of By-Laws relaHllej 10

reserve oml worldllg capllal fUIlUa ll he~eby amel1ded 10 reac1 as

followsl

negerVe and worklltg Capi~nl Funds The 19socia~10t1 eTiarlbeOoTIgate(]-tCJestaorreh n teeerve fUlo lot ~be repair and teplncemell~ of those Commol1 1reas thal mUtl~ be replaced perlodlcCll1y btsed upon good fnl~h etlUshymcd e s 0 [ I h 9 U0 e [u 1 11 E e 0 Il d rep lac e men I co s I s 0 f s u c h CommOll recHI mode or oblnllled by Ihe ssoclaUoll The reserve fUlld shall be funded Il1roug11 Ihe paymellls by Ihe OWl1ers (and by tJecleral11 for all unsold Dwelling

Urdls ulllll InUially sold) o~ Commol1 ExpetleetJ alld 110~ by nIl ettlrnordlllnry or lipecinl 1lsesemel1L ExtraordishyIHlty expelldltures no otiginally ittcluded ill he tllwunl budge l1Jal become Ileceesary clUritlg ~he year shall be chnrged firsl ngailHl1 ~he reserve funo eo 9slabllshed brdore OilY SpeclnJ 9sesomelll is made or levled lherefor 111 adcHUotl 10 lhe reserve fund a workltlg cflpilal [ulld shall be eslabllehed and moinlaiued by he 9soclotloll When each DwellilH1 Uld le added 0 he l1eglme Ille 9social011 shall be paid by Declarant all nmoulll equal 10 olle mOl1lh lEI il19lallmel1 of he negular s s e s smell for Common Expene es for such unsold Owe ltillg UI11 which umOUIl ehall be re~ahled as a working cupitill re1Jetve by 11e 1lsociotiol1 os is own fUtlds ond no I Ihe [ullda of Declnrotl In addilioll Declaranl ehal1 mainlaln 011 deposit wlh Ihe ssocloHol1 from Ihe dole ench Dwelling Unil is added 0 he Regime all

omoulll al leasl equal omiddotol1e-sixlh (li6) of Ihe Regular 9ge9gmell~ for Common Expenses for each unfwld Dwelling Unl for Ilte curtelll caleudar year tiS a reserve fund Whelt I Dwelling UI111 is lll~ially s01u Oeclarol~ shell be teimbursed Eor Ihe depoeHs made 10 ~he workittg c(lpl~al hllld nIH) 10 11e reserve fUlld by he OWl1et of l11e tJwelllng Ultit Who shall pay euch amoullls ~o tJecllttrnlll 01middot cl09ing JJnouns paid or deposied Inlo 1he workitlg cnpi1al or teserVe fUllds ehall no relieve lttil OWller middotpoundrom Illi9 reapollaibllly for Ihe Regular 9ge09mel1ls due itl occordal1ce wll11 IhlE1 rlicle Vi 11 OmOUI119 held by Ihe ssociatiol1 puraualll 10 Il[s SecHolt 601 shall be coltsidered a reserve and 1101 advance paymet1ls of asseeemenbt for Commol1 Expel1ses alld shaUbemiddot mailllailled itl a federolly-il1sured 11l1ere91-beatllg occounl itl a batlk or savil1gs and 10011 nS9ociallol1 doil1g busltlese itt Hariotl Counly Indiana ond all inlerea Ihereolt shall be added 10 and deemed a parI of such fund

-1 1rllcle Vll of he Code of ny-LawtJ relollllg ~o

amendmel1ls is hereby amellded ~o reau as follows t

These ny-LaWs may be amenued il Ihe samemantler al19 ~o ~he enme e~ell os the Declandlon may be amended provIded ~ha~ Seciof 601 shall be deemed a faedal mendmett1 and excepl as ptohiblled by ony provisiol1 o[ Ihe Declara1ion t)le cl or theae 0Y-Laws as Ihe same may be amellded from ime 10 Ume provided ~ha~ tilly mendmenl proposed 10 be made dUring Ihe period oet ou1 In SecHol1 206 shall requIre the consent of lhe 11111101 tloard of DltecotB

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relat1ng to5 Sect 011 16 of the tJeclaraUon

lIssessmellts 1s hereby amended to read as follovHII

section 16 tssessmenls

l Liability for lssessmel1ls Is of the first day of the-tfFetmotiEllto110wliig-lts addUioll 0 the negime erich IJwellil1S1 Ullit olld Iie Percentage Ilderest appurlel1alll Iherelo shall be eubjecl 10 Ihe negulor lssessmeltts alld Special lsaessmenls for Commol1middot Expenses as prov ided ill IIl le Secllol1 16 and all such lIssessmel1tn shall consllule Hells upon each Dwelllllg

Ulllt nltd appurtellnnl Percenlage 1tlleresl as of the dole of delermillalon of eachmiddot such leeesemettt by the lssocialioll as further provided and described 111 Ihe ny-tows The dale(s) 011 whIch 1sseosmel1ls are due and pt1yable shall be as opecipoundled ill middotllds DeclaraUotl or the ny-LoWS or if nol so specified Ihen as determined by the Soard of Dlrec~org III addnion each Owner shall be peroollally Hable for the amounts of oilY ltI ltd all lssesstt)el1ts which become dUe altd pnynble dUrlllg I he period ill which such middotOwl1er holds ree simple ltla to a Dwelling Unil No OWller shall be personally liable for any tssesemel1ls which poundirel become due alld payable prior 10 the Hme such OWller ook title 10 a bwellll1g Ultil uniess he expressly aSSUmes such llabilily excepl as may otherwioe be r9fJulred by the lct lIowever a conveyance by all Owner of hia IJwelliug ulllt eha tlOl operae to release or llmltthe 11abilIy of an owner for 1ssessmellts becomitlS due and payable while such Owner holds fee simple Iltle to a Dwellil1S Unit The liell of any lsaessmen shall be eubordinate 10 l11e liell of alY firsl mortgage 011 ~lt1Ymiddot Dwelliug Unlt which was recorded prior to the recording of a ltoHce of inlenHoll 10 hold a lien for delinquent lssesemenls ott allY Dwelling Unil

O Collection of lssessmellts Bnch lssessmenl slH1I1be tloeotC1paynETewlEtllilteil (10) day1 oE the dlle dle thereof ns specified itl tIde Declaralion ill Ihe Oy-Laws or if tlol so specified Ihen wlthill lel1 (10) clays of ally due dale(s) delermiued by lhe Ooard of Direclors and lhe dale marking the end of Ihe appllcatjlemiddot ima tJEnioa allowed herein for the paymenl of such tssessmelll is hereby Iermed Ihe Dellnquency Dale tI1Y lssessmellt which io not paid in full by the Dellnquellcy bate shall be deemed oeHl1quenl withoul furlher noHc or demand 10 Ihe defaulltl1g OWl1er 0110 shall benr inlereal on Ihe unpaid balance thereof from the Delinquency Dale unlll fully paId at a rale of interesl equal 10 eighleel1 percent (18l) per allllUm III the event Ihal allY coats or expellses 1licludiug allorl1eys fe99 are Itlcurred by or 011

behalf of Ihe t990cIallotl wllh respecl 10 Ihe recovery or collection of allY delinquent lsgessment all Buch costs and fees altall be due ond payable ImmedialelY by such delinquent Owner and shall bear Inlerea from he dates 111 cur red Un H 1 pa 1d 111 full af Il r a I e or inlerest equal to elghleen (lOt) per at1llUm 111 interest and all cosls and expellses payable hereulH1et wilh respecl to odellttquenl 1sseeamenl shall be added 1 0 ottd dee m e dopa rIo f sueh tl e 11 tl qu e tl t l a e e a em e Ill Il n d shall COilS Il Iule 1 11 ell 011 the tlelltH1Uettl Ownerg Owe III 119 UId t l 11 cl t e r c en I a 9 ~ I 111 e tea I 13 S 0 f the tl 11 I e on which euch dellnquent Iaaesament first became Il

llel1 III the evenl Ihat any leseeemetlt ie tlol fully paid on or before the JellnC1uency Jate Ihe

bull I

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1 9 soc i a I i 0 11 9 hall be e t I it 1edt0 a c c e 1 era tea 11 d declare due and paYlt1b1e in full all insla11mellls of flsse9smelllo due for l11e year in Which ouch delinquency occurs oml 10 enforce payment of Ihe same by foreclosure of said lien andor other appropriale leg(11 proceedings ill accordance wilh I he laws of the Slate of Indiana 1lly such lien aglt1il191 a DwellIng Ullit and Hs tercellnge Iltterest shall be subonHIHlte 10 allY firs Hortgage covering such Dwelling UltH alld its tercetltage Illteresl 1f alld 0 the extell stich Ilortgnge was recorded prior 10 11Ie due dale of the delinquent flsse99mellta

6 Seclon 17 of the tJec1aralioll re1aling 10 ilHlural1ce

is hereby amended 10 read aa f0110wal

Secl i 011 17 1119 ur allce

fl The fl9socialioll shall obtain fire and e x I e 11 d e d co verag e ill sur a p c e illS uri tl9 a 11 Ow e 11 i 1 9 Unils ill the Regime includil1g all fxures appliances alld olher improvements illsa11ed and sold by tJec1anllll as a porI Ihereof alld nIl Common 1reas in 1110 Regime and all fixlures bul1dltlg oervice equipmelll and other pereol1tl1 properly belonging 10 Ihe 1esociat1oll til nil amount equal to Ihe full rep1acemel11 cosl hereof from time 10 Ume as delermilled by a qualified appraiser Such insurallce shall be ill Ihe form of a m a 9 I e rca a u a it y po 11 c Y for 11 e e 1 Il r e neg i me ahall contatl1 l Hep1acemell Coel Elldorsemettl1I and shall provide thaI t10lwilhslallding allY provisIon Ihereof giving Ihe insurer illl e1eclioll 0 restore damage 111 leu of a cash s~lemenll such opl1011 s11(111 no I be exercisable ill the evell Ihe OWl1ers do 1101 elecl to restore pursuanl to Se~loll 19 Such inaurallce tlhall include when they (Ire applicable or call be obtained (lgreed amount inflcdioll guard demo1iUOll coal sleam boIler and machinery cOIlUngenl liablllly from operashytiol of building lawa alld illcreased cosl of construcshylOll elldoraemellts lit additioll such insurance shall include items typically covered by a epecial condom ild um ellc10r semelll 1HC 1ud 1ttg tha t any llla ur al10e trusl agreemenl will be recogl1ized thaI insurance will 1101oemiddot prejudiced by any acts or omissions of individual oWnero ha are 110t under the cOlllrol of the Jssocialion and Illat Ihe insurance wIll be primary eVell if Oil Owner hos other insuronce 11101 coVers he (1lt1 me 10aa Such isurnuce shnll also require he Insurer to noUfy the 1ssociaUon aud each OWllers Horlgagee at leas I ten (10) days before it cOl1ceis or substantially modlfles Buch coverage Such insurance coverage ehall be in ~he name of ~he lssoclatlol1 for the usa alld benefl of each OWl1er Forelcll Dwel11l1g Unit Illortgaged auc1 polley shall cOlllaill 0 S1llldnrd Hortgage Clause and shall Ilame each QWller IS rmiddotortgagee alld ita successors and asslgns The amoull of coverage shall be iltcreased from Hille to Ume ~o cover all ndditiotHl ~o the ttegime The rroceeds from allY loss shall be payable ~o the Jseoclat on Who shall hold and apply such proceeds as ItUstee for 1e individual Owners aud Hodgagees BEJ their reepeclive interestg shnll ~ppear The proceeds Bhall be used or disbursed only in accord~llce with the provlalolls of Ihis Section 17 aud of Seclol1 19 of Ihls Declaralioll ne oppllcnble ond any surety bOlld or bonda obtained by Ihe t30ard of Ditectoto covering the officers of l1e

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negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

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1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

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IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

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Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 3: ; I: fJfJ ' :'. t

J Seclol1 601 of 1119 Code of By-Laws relaHllej 10

reserve oml worldllg capllal fUIlUa ll he~eby amel1ded 10 reac1 as

followsl

negerVe and worklltg Capi~nl Funds The 19socia~10t1 eTiarlbeOoTIgate(]-tCJestaorreh n teeerve fUlo lot ~be repair and teplncemell~ of those Commol1 1reas thal mUtl~ be replaced perlodlcCll1y btsed upon good fnl~h etlUshymcd e s 0 [ I h 9 U0 e [u 1 11 E e 0 Il d rep lac e men I co s I s 0 f s u c h CommOll recHI mode or oblnllled by Ihe ssoclaUoll The reserve fUlld shall be funded Il1roug11 Ihe paymellls by Ihe OWl1ers (and by tJecleral11 for all unsold Dwelling

Urdls ulllll InUially sold) o~ Commol1 ExpetleetJ alld 110~ by nIl ettlrnordlllnry or lipecinl 1lsesemel1L ExtraordishyIHlty expelldltures no otiginally ittcluded ill he tllwunl budge l1Jal become Ileceesary clUritlg ~he year shall be chnrged firsl ngailHl1 ~he reserve funo eo 9slabllshed brdore OilY SpeclnJ 9sesomelll is made or levled lherefor 111 adcHUotl 10 lhe reserve fund a workltlg cflpilal [ulld shall be eslabllehed and moinlaiued by he 9soclotloll When each DwellilH1 Uld le added 0 he l1eglme Ille 9social011 shall be paid by Declarant all nmoulll equal 10 olle mOl1lh lEI il19lallmel1 of he negular s s e s smell for Common Expene es for such unsold Owe ltillg UI11 which umOUIl ehall be re~ahled as a working cupitill re1Jetve by 11e 1lsociotiol1 os is own fUtlds ond no I Ihe [ullda of Declnrotl In addilioll Declaranl ehal1 mainlaln 011 deposit wlh Ihe ssocloHol1 from Ihe dole ench Dwelling Unil is added 0 he Regime all

omoulll al leasl equal omiddotol1e-sixlh (li6) of Ihe Regular 9ge9gmell~ for Common Expenses for each unfwld Dwelling Unl for Ilte curtelll caleudar year tiS a reserve fund Whelt I Dwelling UI111 is lll~ially s01u Oeclarol~ shell be teimbursed Eor Ihe depoeHs made 10 ~he workittg c(lpl~al hllld nIH) 10 11e reserve fUlld by he OWl1et of l11e tJwelllng Ultit Who shall pay euch amoullls ~o tJecllttrnlll 01middot cl09ing JJnouns paid or deposied Inlo 1he workitlg cnpi1al or teserVe fUllds ehall no relieve lttil OWller middotpoundrom Illi9 reapollaibllly for Ihe Regular 9ge09mel1ls due itl occordal1ce wll11 IhlE1 rlicle Vi 11 OmOUI119 held by Ihe ssociatiol1 puraualll 10 Il[s SecHolt 601 shall be coltsidered a reserve and 1101 advance paymet1ls of asseeemenbt for Commol1 Expel1ses alld shaUbemiddot mailllailled itl a federolly-il1sured 11l1ere91-beatllg occounl itl a batlk or savil1gs and 10011 nS9ociallol1 doil1g busltlese itt Hariotl Counly Indiana ond all inlerea Ihereolt shall be added 10 and deemed a parI of such fund

-1 1rllcle Vll of he Code of ny-LawtJ relollllg ~o

amendmel1ls is hereby amellded ~o reau as follows t

These ny-LaWs may be amenued il Ihe samemantler al19 ~o ~he enme e~ell os the Declandlon may be amended provIded ~ha~ Seciof 601 shall be deemed a faedal mendmett1 and excepl as ptohiblled by ony provisiol1 o[ Ihe Declara1ion t)le cl or theae 0Y-Laws as Ihe same may be amellded from ime 10 Ume provided ~ha~ tilly mendmenl proposed 10 be made dUring Ihe period oet ou1 In SecHol1 206 shall requIre the consent of lhe 11111101 tloard of DltecotB

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relat1ng to5 Sect 011 16 of the tJeclaraUon

lIssessmellts 1s hereby amended to read as follovHII

section 16 tssessmenls

l Liability for lssessmel1ls Is of the first day of the-tfFetmotiEllto110wliig-lts addUioll 0 the negime erich IJwellil1S1 Ullit olld Iie Percentage Ilderest appurlel1alll Iherelo shall be eubjecl 10 Ihe negulor lssessmeltts alld Special lsaessmenls for Commol1middot Expenses as prov ided ill IIl le Secllol1 16 and all such lIssessmel1tn shall consllule Hells upon each Dwelllllg

Ulllt nltd appurtellnnl Percenlage 1tlleresl as of the dole of delermillalon of eachmiddot such leeesemettt by the lssocialioll as further provided and described 111 Ihe ny-tows The dale(s) 011 whIch 1sseosmel1ls are due and pt1yable shall be as opecipoundled ill middotllds DeclaraUotl or the ny-LoWS or if nol so specified Ihen as determined by the Soard of Dlrec~org III addnion each Owner shall be peroollally Hable for the amounts of oilY ltI ltd all lssesstt)el1ts which become dUe altd pnynble dUrlllg I he period ill which such middotOwl1er holds ree simple ltla to a Dwelling Unil No OWller shall be personally liable for any tssesemel1ls which poundirel become due alld payable prior 10 the Hme such OWller ook title 10 a bwellll1g Ultil uniess he expressly aSSUmes such llabilily excepl as may otherwioe be r9fJulred by the lct lIowever a conveyance by all Owner of hia IJwelliug ulllt eha tlOl operae to release or llmltthe 11abilIy of an owner for 1ssessmellts becomitlS due and payable while such Owner holds fee simple Iltle to a Dwellil1S Unit The liell of any lsaessmen shall be eubordinate 10 l11e liell of alY firsl mortgage 011 ~lt1Ymiddot Dwelliug Unlt which was recorded prior to the recording of a ltoHce of inlenHoll 10 hold a lien for delinquent lssesemenls ott allY Dwelling Unil

O Collection of lssessmellts Bnch lssessmenl slH1I1be tloeotC1paynETewlEtllilteil (10) day1 oE the dlle dle thereof ns specified itl tIde Declaralion ill Ihe Oy-Laws or if tlol so specified Ihen wlthill lel1 (10) clays of ally due dale(s) delermiued by lhe Ooard of Direclors and lhe dale marking the end of Ihe appllcatjlemiddot ima tJEnioa allowed herein for the paymenl of such tssessmelll is hereby Iermed Ihe Dellnquency Dale tI1Y lssessmellt which io not paid in full by the Dellnquellcy bate shall be deemed oeHl1quenl withoul furlher noHc or demand 10 Ihe defaulltl1g OWl1er 0110 shall benr inlereal on Ihe unpaid balance thereof from the Delinquency Dale unlll fully paId at a rale of interesl equal 10 eighleel1 percent (18l) per allllUm III the event Ihal allY coats or expellses 1licludiug allorl1eys fe99 are Itlcurred by or 011

behalf of Ihe t990cIallotl wllh respecl 10 Ihe recovery or collection of allY delinquent lsgessment all Buch costs and fees altall be due ond payable ImmedialelY by such delinquent Owner and shall bear Inlerea from he dates 111 cur red Un H 1 pa 1d 111 full af Il r a I e or inlerest equal to elghleen (lOt) per at1llUm 111 interest and all cosls and expellses payable hereulH1et wilh respecl to odellttquenl 1sseeamenl shall be added 1 0 ottd dee m e dopa rIo f sueh tl e 11 tl qu e tl t l a e e a em e Ill Il n d shall COilS Il Iule 1 11 ell 011 the tlelltH1Uettl Ownerg Owe III 119 UId t l 11 cl t e r c en I a 9 ~ I 111 e tea I 13 S 0 f the tl 11 I e on which euch dellnquent Iaaesament first became Il

llel1 III the evenl Ihat any leseeemetlt ie tlol fully paid on or before the JellnC1uency Jate Ihe

bull I

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1 9 soc i a I i 0 11 9 hall be e t I it 1edt0 a c c e 1 era tea 11 d declare due and paYlt1b1e in full all insla11mellls of flsse9smelllo due for l11e year in Which ouch delinquency occurs oml 10 enforce payment of Ihe same by foreclosure of said lien andor other appropriale leg(11 proceedings ill accordance wilh I he laws of the Slate of Indiana 1lly such lien aglt1il191 a DwellIng Ullit and Hs tercellnge Iltterest shall be subonHIHlte 10 allY firs Hortgage covering such Dwelling UltH alld its tercetltage Illteresl 1f alld 0 the extell stich Ilortgnge was recorded prior 10 11Ie due dale of the delinquent flsse99mellta

6 Seclon 17 of the tJec1aralioll re1aling 10 ilHlural1ce

is hereby amended 10 read aa f0110wal

Secl i 011 17 1119 ur allce

fl The fl9socialioll shall obtain fire and e x I e 11 d e d co verag e ill sur a p c e illS uri tl9 a 11 Ow e 11 i 1 9 Unils ill the Regime includil1g all fxures appliances alld olher improvements illsa11ed and sold by tJec1anllll as a porI Ihereof alld nIl Common 1reas in 1110 Regime and all fixlures bul1dltlg oervice equipmelll and other pereol1tl1 properly belonging 10 Ihe 1esociat1oll til nil amount equal to Ihe full rep1acemel11 cosl hereof from time 10 Ume as delermilled by a qualified appraiser Such insurallce shall be ill Ihe form of a m a 9 I e rca a u a it y po 11 c Y for 11 e e 1 Il r e neg i me ahall contatl1 l Hep1acemell Coel Elldorsemettl1I and shall provide thaI t10lwilhslallding allY provisIon Ihereof giving Ihe insurer illl e1eclioll 0 restore damage 111 leu of a cash s~lemenll such opl1011 s11(111 no I be exercisable ill the evell Ihe OWl1ers do 1101 elecl to restore pursuanl to Se~loll 19 Such inaurallce tlhall include when they (Ire applicable or call be obtained (lgreed amount inflcdioll guard demo1iUOll coal sleam boIler and machinery cOIlUngenl liablllly from operashytiol of building lawa alld illcreased cosl of construcshylOll elldoraemellts lit additioll such insurance shall include items typically covered by a epecial condom ild um ellc10r semelll 1HC 1ud 1ttg tha t any llla ur al10e trusl agreemenl will be recogl1ized thaI insurance will 1101oemiddot prejudiced by any acts or omissions of individual oWnero ha are 110t under the cOlllrol of the Jssocialion and Illat Ihe insurance wIll be primary eVell if Oil Owner hos other insuronce 11101 coVers he (1lt1 me 10aa Such isurnuce shnll also require he Insurer to noUfy the 1ssociaUon aud each OWllers Horlgagee at leas I ten (10) days before it cOl1ceis or substantially modlfles Buch coverage Such insurance coverage ehall be in ~he name of ~he lssoclatlol1 for the usa alld benefl of each OWl1er Forelcll Dwel11l1g Unit Illortgaged auc1 polley shall cOlllaill 0 S1llldnrd Hortgage Clause and shall Ilame each QWller IS rmiddotortgagee alld ita successors and asslgns The amoull of coverage shall be iltcreased from Hille to Ume ~o cover all ndditiotHl ~o the ttegime The rroceeds from allY loss shall be payable ~o the Jseoclat on Who shall hold and apply such proceeds as ItUstee for 1e individual Owners aud Hodgagees BEJ their reepeclive interestg shnll ~ppear The proceeds Bhall be used or disbursed only in accord~llce with the provlalolls of Ihis Section 17 aud of Seclol1 19 of Ihls Declaralioll ne oppllcnble ond any surety bOlld or bonda obtained by Ihe t30ard of Ditectoto covering the officers of l1e

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negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

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1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

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I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

- 2 shy

Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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lAII) 0e D U Ntary Publlo (printed name)

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

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Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 4: ; I: fJfJ ' :'. t

relat1ng to5 Sect 011 16 of the tJeclaraUon

lIssessmellts 1s hereby amended to read as follovHII

section 16 tssessmenls

l Liability for lssessmel1ls Is of the first day of the-tfFetmotiEllto110wliig-lts addUioll 0 the negime erich IJwellil1S1 Ullit olld Iie Percentage Ilderest appurlel1alll Iherelo shall be eubjecl 10 Ihe negulor lssessmeltts alld Special lsaessmenls for Commol1middot Expenses as prov ided ill IIl le Secllol1 16 and all such lIssessmel1tn shall consllule Hells upon each Dwelllllg

Ulllt nltd appurtellnnl Percenlage 1tlleresl as of the dole of delermillalon of eachmiddot such leeesemettt by the lssocialioll as further provided and described 111 Ihe ny-tows The dale(s) 011 whIch 1sseosmel1ls are due and pt1yable shall be as opecipoundled ill middotllds DeclaraUotl or the ny-LoWS or if nol so specified Ihen as determined by the Soard of Dlrec~org III addnion each Owner shall be peroollally Hable for the amounts of oilY ltI ltd all lssesstt)el1ts which become dUe altd pnynble dUrlllg I he period ill which such middotOwl1er holds ree simple ltla to a Dwelling Unil No OWller shall be personally liable for any tssesemel1ls which poundirel become due alld payable prior 10 the Hme such OWller ook title 10 a bwellll1g Ultil uniess he expressly aSSUmes such llabilily excepl as may otherwioe be r9fJulred by the lct lIowever a conveyance by all Owner of hia IJwelliug ulllt eha tlOl operae to release or llmltthe 11abilIy of an owner for 1ssessmellts becomitlS due and payable while such Owner holds fee simple Iltle to a Dwellil1S Unit The liell of any lsaessmen shall be eubordinate 10 l11e liell of alY firsl mortgage 011 ~lt1Ymiddot Dwelliug Unlt which was recorded prior to the recording of a ltoHce of inlenHoll 10 hold a lien for delinquent lssesemenls ott allY Dwelling Unil

O Collection of lssessmellts Bnch lssessmenl slH1I1be tloeotC1paynETewlEtllilteil (10) day1 oE the dlle dle thereof ns specified itl tIde Declaralion ill Ihe Oy-Laws or if tlol so specified Ihen wlthill lel1 (10) clays of ally due dale(s) delermiued by lhe Ooard of Direclors and lhe dale marking the end of Ihe appllcatjlemiddot ima tJEnioa allowed herein for the paymenl of such tssessmelll is hereby Iermed Ihe Dellnquency Dale tI1Y lssessmellt which io not paid in full by the Dellnquellcy bate shall be deemed oeHl1quenl withoul furlher noHc or demand 10 Ihe defaulltl1g OWl1er 0110 shall benr inlereal on Ihe unpaid balance thereof from the Delinquency Dale unlll fully paId at a rale of interesl equal 10 eighleel1 percent (18l) per allllUm III the event Ihal allY coats or expellses 1licludiug allorl1eys fe99 are Itlcurred by or 011

behalf of Ihe t990cIallotl wllh respecl 10 Ihe recovery or collection of allY delinquent lsgessment all Buch costs and fees altall be due ond payable ImmedialelY by such delinquent Owner and shall bear Inlerea from he dates 111 cur red Un H 1 pa 1d 111 full af Il r a I e or inlerest equal to elghleen (lOt) per at1llUm 111 interest and all cosls and expellses payable hereulH1et wilh respecl to odellttquenl 1sseeamenl shall be added 1 0 ottd dee m e dopa rIo f sueh tl e 11 tl qu e tl t l a e e a em e Ill Il n d shall COilS Il Iule 1 11 ell 011 the tlelltH1Uettl Ownerg Owe III 119 UId t l 11 cl t e r c en I a 9 ~ I 111 e tea I 13 S 0 f the tl 11 I e on which euch dellnquent Iaaesament first became Il

llel1 III the evenl Ihat any leseeemetlt ie tlol fully paid on or before the JellnC1uency Jate Ihe

bull I

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1 9 soc i a I i 0 11 9 hall be e t I it 1edt0 a c c e 1 era tea 11 d declare due and paYlt1b1e in full all insla11mellls of flsse9smelllo due for l11e year in Which ouch delinquency occurs oml 10 enforce payment of Ihe same by foreclosure of said lien andor other appropriale leg(11 proceedings ill accordance wilh I he laws of the Slate of Indiana 1lly such lien aglt1il191 a DwellIng Ullit and Hs tercellnge Iltterest shall be subonHIHlte 10 allY firs Hortgage covering such Dwelling UltH alld its tercetltage Illteresl 1f alld 0 the extell stich Ilortgnge was recorded prior 10 11Ie due dale of the delinquent flsse99mellta

6 Seclon 17 of the tJec1aralioll re1aling 10 ilHlural1ce

is hereby amended 10 read aa f0110wal

Secl i 011 17 1119 ur allce

fl The fl9socialioll shall obtain fire and e x I e 11 d e d co verag e ill sur a p c e illS uri tl9 a 11 Ow e 11 i 1 9 Unils ill the Regime includil1g all fxures appliances alld olher improvements illsa11ed and sold by tJec1anllll as a porI Ihereof alld nIl Common 1reas in 1110 Regime and all fixlures bul1dltlg oervice equipmelll and other pereol1tl1 properly belonging 10 Ihe 1esociat1oll til nil amount equal to Ihe full rep1acemel11 cosl hereof from time 10 Ume as delermilled by a qualified appraiser Such insurallce shall be ill Ihe form of a m a 9 I e rca a u a it y po 11 c Y for 11 e e 1 Il r e neg i me ahall contatl1 l Hep1acemell Coel Elldorsemettl1I and shall provide thaI t10lwilhslallding allY provisIon Ihereof giving Ihe insurer illl e1eclioll 0 restore damage 111 leu of a cash s~lemenll such opl1011 s11(111 no I be exercisable ill the evell Ihe OWl1ers do 1101 elecl to restore pursuanl to Se~loll 19 Such inaurallce tlhall include when they (Ire applicable or call be obtained (lgreed amount inflcdioll guard demo1iUOll coal sleam boIler and machinery cOIlUngenl liablllly from operashytiol of building lawa alld illcreased cosl of construcshylOll elldoraemellts lit additioll such insurance shall include items typically covered by a epecial condom ild um ellc10r semelll 1HC 1ud 1ttg tha t any llla ur al10e trusl agreemenl will be recogl1ized thaI insurance will 1101oemiddot prejudiced by any acts or omissions of individual oWnero ha are 110t under the cOlllrol of the Jssocialion and Illat Ihe insurance wIll be primary eVell if Oil Owner hos other insuronce 11101 coVers he (1lt1 me 10aa Such isurnuce shnll also require he Insurer to noUfy the 1ssociaUon aud each OWllers Horlgagee at leas I ten (10) days before it cOl1ceis or substantially modlfles Buch coverage Such insurance coverage ehall be in ~he name of ~he lssoclatlol1 for the usa alld benefl of each OWl1er Forelcll Dwel11l1g Unit Illortgaged auc1 polley shall cOlllaill 0 S1llldnrd Hortgage Clause and shall Ilame each QWller IS rmiddotortgagee alld ita successors and asslgns The amoull of coverage shall be iltcreased from Hille to Ume ~o cover all ndditiotHl ~o the ttegime The rroceeds from allY loss shall be payable ~o the Jseoclat on Who shall hold and apply such proceeds as ItUstee for 1e individual Owners aud Hodgagees BEJ their reepeclive interestg shnll ~ppear The proceeds Bhall be used or disbursed only in accord~llce with the provlalolls of Ihis Section 17 aud of Seclol1 19 of Ihls Declaralioll ne oppllcnble ond any surety bOlld or bonda obtained by Ihe t30ard of Ditectoto covering the officers of l1e

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negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

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1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

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I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

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middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

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I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

r

(

STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

I

o fY K D~) ~

l d~ gt1 shy~I

~ ~

bull v ~ ~~

This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

~ I hI )i~

gt1 1

I J

0 I I ~I

I i

I

~

It-

lt fbull

rlmiddotrl I

( ~

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~

LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

I

I II f I bullbull (printed nllme) Notary Public ( J _-

~ ~ 0 (~_)

~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

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Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 5: ; I: fJfJ ' :'. t

1 9 soc i a I i 0 11 9 hall be e t I it 1edt0 a c c e 1 era tea 11 d declare due and paYlt1b1e in full all insla11mellls of flsse9smelllo due for l11e year in Which ouch delinquency occurs oml 10 enforce payment of Ihe same by foreclosure of said lien andor other appropriale leg(11 proceedings ill accordance wilh I he laws of the Slate of Indiana 1lly such lien aglt1il191 a DwellIng Ullit and Hs tercellnge Iltterest shall be subonHIHlte 10 allY firs Hortgage covering such Dwelling UltH alld its tercetltage Illteresl 1f alld 0 the extell stich Ilortgnge was recorded prior 10 11Ie due dale of the delinquent flsse99mellta

6 Seclon 17 of the tJec1aralioll re1aling 10 ilHlural1ce

is hereby amended 10 read aa f0110wal

Secl i 011 17 1119 ur allce

fl The fl9socialioll shall obtain fire and e x I e 11 d e d co verag e ill sur a p c e illS uri tl9 a 11 Ow e 11 i 1 9 Unils ill the Regime includil1g all fxures appliances alld olher improvements illsa11ed and sold by tJec1anllll as a porI Ihereof alld nIl Common 1reas in 1110 Regime and all fixlures bul1dltlg oervice equipmelll and other pereol1tl1 properly belonging 10 Ihe 1esociat1oll til nil amount equal to Ihe full rep1acemel11 cosl hereof from time 10 Ume as delermilled by a qualified appraiser Such insurallce shall be ill Ihe form of a m a 9 I e rca a u a it y po 11 c Y for 11 e e 1 Il r e neg i me ahall contatl1 l Hep1acemell Coel Elldorsemettl1I and shall provide thaI t10lwilhslallding allY provisIon Ihereof giving Ihe insurer illl e1eclioll 0 restore damage 111 leu of a cash s~lemenll such opl1011 s11(111 no I be exercisable ill the evell Ihe OWl1ers do 1101 elecl to restore pursuanl to Se~loll 19 Such inaurallce tlhall include when they (Ire applicable or call be obtained (lgreed amount inflcdioll guard demo1iUOll coal sleam boIler and machinery cOIlUngenl liablllly from operashytiol of building lawa alld illcreased cosl of construcshylOll elldoraemellts lit additioll such insurance shall include items typically covered by a epecial condom ild um ellc10r semelll 1HC 1ud 1ttg tha t any llla ur al10e trusl agreemenl will be recogl1ized thaI insurance will 1101oemiddot prejudiced by any acts or omissions of individual oWnero ha are 110t under the cOlllrol of the Jssocialion and Illat Ihe insurance wIll be primary eVell if Oil Owner hos other insuronce 11101 coVers he (1lt1 me 10aa Such isurnuce shnll also require he Insurer to noUfy the 1ssociaUon aud each OWllers Horlgagee at leas I ten (10) days before it cOl1ceis or substantially modlfles Buch coverage Such insurance coverage ehall be in ~he name of ~he lssoclatlol1 for the usa alld benefl of each OWl1er Forelcll Dwel11l1g Unit Illortgaged auc1 polley shall cOlllaill 0 S1llldnrd Hortgage Clause and shall Ilame each QWller IS rmiddotortgagee alld ita successors and asslgns The amoull of coverage shall be iltcreased from Hille to Ume ~o cover all ndditiotHl ~o the ttegime The rroceeds from allY loss shall be payable ~o the Jseoclat on Who shall hold and apply such proceeds as ItUstee for 1e individual Owners aud Hodgagees BEJ their reepeclive interestg shnll ~ppear The proceeds Bhall be used or disbursed only in accord~llce with the provlalolls of Ihis Section 17 aud of Seclol1 19 of Ihls Declaralioll ne oppllcnble ond any surety bOlld or bonda obtained by Ihe t30ard of Ditectoto covering the officers of l1e

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negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

- 8 shy

1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

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middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

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IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

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I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

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----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

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LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

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ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

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Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 6: ; I: fJfJ ' :'. t

negirne as provided in subseclloll D of this SecUon shall speciHcally include protections Eor allY lnsurshyance proceeds so received such coverage shall not include a deductible clause ill excess of Five Ilulldreu Oollars ($50000) per occurrence

O The Association also shall obtain comprehenshysive public liability insurance ~ogether wl~h Hor~mel1ls Compensation Insurance employers liability insurance and such other liability insurance with such coverages alld limits as the 130ard of Directors deems approprishyate provided however that public liability insural1ce shall have liability limits of not less than Three Milllon Dollars ($300000000) for personal injury and One rHllion Dollars ($100000000) for property dlt1mage and provided further that all such policies shall include coverage for bodily injury and property damage that results from the operation maintenance or use of the Common Areas and any legal liability that results from lawsuits related to employment contracts in which the lssociatlol1 is a party Such pollcy must provlde for CIt least ten (10) days written notice to the lssociatioll and~o each Owners Mortgagee in writing before the insurer cancels or substal1tially modifies coverage Such insurance shall inure to the beneOt of each individual Owner the Association the Board of Oirectors and any managing agent or company acting on behalf of the lssociaUon The individual OWt 1ers as well as any lessees of any Owners shall have the right to recover losses for their benefit

C_ Ea c II Ow 11 e r s h a11 have the rl gh t to pur c has e any additional insurance as he may deem necessary and each OWller shall be solely responsible for loss of or damage to the contents of his own Vwellillg Unil howshyever caused including all floor and wall coveringsshyappliances fixtures and bettermentfl installed by the Owner and for loss of or damage to allY of his personal pro per t y 1 he the r 0 r no t s to red 0 r ke p t in It I 8 0 W II

Owelling Unlt Each Owner shall be solely respollsible for obtill1dng his own insurance to cover ally such loss and risk

D The JssociaUon shall obtain a fidelity bond indem11ifyillg the lssoclation the Board of Oirectors and the Co-Olmera for loss of funds resulting from f r il Ud u I eri tor d 1s han e s t act s 0 fall y emp loye e 0 r 0 f fl c e r of the lssoclatiol1 or of any other person handling the fUl1ds of the Jssociation or the Co-OWllers which bond shail be wrItten III atl amount equal to at least two hundred percent (200) of the annual Common Expenses Such fidelity bond shall requlre the issuer thereof to notify the Association and each Owners Mortgagee at lerlst ten (10) days before it cancels or substantIally modUles such fidelity bonel Any management agent ernploy e d by the J S soc 1a ~ t 0 tl S hall h a v e a 5 i m1 1 a r fidelity bond naming the lssociation as an aelditioltal obligee

E dl policies oE insurance of the character described in subsections l and D of chis Seccion 17 shall contain an endorsement or clause whereby the insurer waives any right to be subrogated to any claim against the lssoclatlon its officers the 80ard of Directors the Declarant any malaging agent their respective employees and agents or the Owners and shall furlher conlaln 11 clause whereby Ihe insurer waives allY defenses based on co-insurance or on In v allc1ily arising from acls of Ihe insured and shall cover claims of one or more insured parties Behlinst other insured parties Ill policies of insurance maintained by the 1~5QG~etion pursuanl 10 this Beetlon

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17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

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850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

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1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

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middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

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I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

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IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

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I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

r

(

STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

I

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l d~ gt1 shy~I

~ ~

bull v ~ ~~

This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

~ I hI )i~

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

I

I II f I bullbull (printed nllme) Notary Public ( J _-

~ ~ 0 (~_)

~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 7: ; I: fJfJ ' :'. t

17 s II il 1 1 pro v ide s u c It co vera ltJ e 5 a II d be ills U C It amo U II ts a s rn 8 y be r e r] u i [ e d f [0 IT1 U met 0 t t IIIe b Y FNHA I F II L r~ C I fltA or VA Upon obtaining or changing any policies of insurance authorized or required by this SecUol1 11 notice of the same shall be sent by the Secretary of the Association to each Owner and each Hortgagee whose interest may be aEfected thereby

1 Section 2~ of the Declaratioll relating tolmel1dments

is 11ereLJy utnended to read as follows

Section 21 Amendment of Declaration Except as o t he r wI s e p rov1 ded-l-n-Efirs-VecTaratrCn-Eld 8 Vec La r ashytiOrl may be amended in the following manner

(a) Notice Notice of the subject matter of the proposed amendment shall be included ill tlte notice of any meeting at which the proposed amendment Is considered including any annual meeting~

( b) l1esolution A resolutIon to adopt a proshyposecrame ildllle lIt rllay be proposed by the Board of vi rectors or by tile Ow tl e r s 0 fat 1e a s t a majority of the Percentage Vote

(c) ~gg~A~lq The resolution concerning a proshyposed amendmeltt must be adopted by the a p p top ria t e In 11 j 0 r tt y v0 t e 8 t a me e tilt g duly cal ted and held ill accordance with the provisions of the By-Laws

(0) ~Q2ItL~~ Any prl)posed amelldment to any matter contained ill Sections 2 3 ~ 5 6 1 11131511611 and 19 of thls Veclaratioll and any proposed amendment which wou 1d impose any rest r ict ions 011 an Owne r IS

right to sell or transfer his or her lJwelling Ultit or any provisions thC1t expressly benefit Hortgagees insurers or guaral1~ors or allY proposed amendment to establish self manageshymellt when professional managemel1t had been required by a Mortgagee or any proposed

lInel1dment to terminate the legal status of the project after sUbstatlUal destrucUoll or condemnatlol1 of the property shall be deemed tI f1ater ial Il1Iendmellt To be adopted a Material Amendment must be approved by a vote of not less than sixty seVen percent (67) of the total Percentage Vote and by Mortgagees representing at least fifty one percent (51) of the lJwelllng Units subject to mortgages Iny oUler proposod amendrnel1t to this LJectaraUorl must be approved by a vote of not less Uan a ri1ajorHy of the total Percentage Vole In the event allY Dwelllttg Unit 1s subject to a mortgage the

f10rtgagee shall be t1o~ified of the meeting and the proposed amendment in ~he same mal1ner as in QWl1erir ~he Mortgagee has 9 i veil p ri 0 r not 1c e of 1~ s mo r ~gag e In1 ere 5 t to the Board of Directors in accordance with the provisions of the I3Y-Laws The provisions for the adoption of amenumellts set forth in this Section are subject to the rudher requirements or resttlcttOtlS Bet fotth tn the following Subsectloti (tJ) of this Section I

- 7 shy

850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

- 8 shy

1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

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CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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I II f I bullbull (printed nllme) Notary Public ( J _-

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 8: ; I: fJfJ ' :'. t

850039351

(e) Amendments No amendment to this Declarashytion shall be adopted which changes

(1) The Percentage Interest with respect to any Dwelling Unit or the share of an Owners liability for Common Expenses or whi ch rel a tes to termination of the legal status of the Regime for reasons other than substantial destruction or condemnation of the Property without the approval of sixty seven percent (67) of the Percentage Vote and the approval of the Mortgagees having mortshygages on at least sixty seven percent (67) of the Dwelling units in the Regime except as otherwise provided in regard to annexation

(2) The provlslons of Section 19 of this Declaration with respect to reconstrucshytion or repa ir in the event of fire or casualty without the approval of sixty seven percent (67) of the Percentage Vote and the unanimous approval of all Mortgagees whose mortgage interests have been made known to the Board 0 f Directors in accordance with the provisions of the By-Laws or

(3) The provisions of Sections 11 12 15 16 23 24 25 and 26 of this Declaration wi thout the consent of the Declarant so long as the Regime is still subject to expansion

In the event that a proposed amendment is one permitted by this Section and is one which is not of a Material Amendment the Board of Directors shall notify all Mortgagees whose interest have been made known to the Board of Directors of the nat ure of such proposed amendment and such amendment shall be conclusively deemed approved by each such Mortgagee which fails to submit a response to the notice of such proposed amendment wi thin thirty ( 30) days of the date such notice is mailed provided that such noti ce adv ises the mortgagees of the time limitations contained in this sentence

(f) Recording Each amendment to the Declarashytion shall be executed by Declarant only in any case where Declarant has the right to amend this Declaration wi thout any further consent or approval and otherwise by the President and Secretary of the Association provided that any amendment requiring the consent of Declarant shall contain Declashyrants signed consent All amendments shall be -recorded in the Office of the Recorder of Marion County Indiana and no amendment

shall become effective until so recorded

The Amendments dealing with the Additional Sections and reassignment of Percentage Interests in connection with expansion however are not subject to the condishytions of this Section 24 and may be filed or adopted

- 8 shy

1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

- 9 shy

CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

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------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 9: ; I: fJfJ ' :'. t

1

by the Declarant at any Ume wUhout any notice or consent of any other party In add i ti on the prov i shyaiona of this section 24 are subject to the rights given to the Declarant by virtue of the irrevocable proxies held by Declarant on behalf of the respective Owners as provided in Section 8 hereinabove

8 111e terms used in this First Jmendmant shall have the

meanings set forth in the Declaration and in the Code of

8y-LaW9 bull

9 11 of the other terms and provisions of the Dec1arashy

Hon and of the Code of By-Laws shall remain unchanged and in

full force and effect

IN WITNESS WHEREOF Declarant has caused this Restated

First Amendment to be executed as of the day month and year first above written

PLM-TEC INC

STlTE OF INDIlNl SS I

COUNTY OF HlRION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley Jr the President of

Plan-Tec Inc a corporation organized and exieting under the

laws of the state of Indiana and acknowledged the execulioll of

the foregoing instrument as such officers acting for and on

behalf of said corporation th

WITNESS my hand and Notarial Seal this Ij -day of ~1ay

1985

Slgna~Ure~~F-Printed 5hec QcC~OOM-

NOTlRY puHL1~

~y Commission Expires Resident of County3tvD1i1bn

This instrument was prepared by Phillip L Bayt ICE HILLER DONlDIO r RYM One American Square Box 82001 In~lanapoU8 Indiana 46282

- 9 shy

CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

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middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

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IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

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I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

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LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 10: ; I: fJfJ ' :'. t

CONSENT OF MORTGAGEE

The undersigned Mortgagee of the Property described in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and subor~ dinates to such Declaration and Code of By-laws

Dated January 17 1985

THE INDIANA NATIONAL BANK

ce Pres

STATE OF INDIANA ) ) 88

COUNTY OF MARION )

Before me I a Notary Publ ic In and for said County and State personally appeared Gerald L Rush known to me to be the Vice President of The Indiana National Bank and having been first duly sworn acknowledged the execution of the foreshy

igoing Consent of Mortgagee for and on behalf of said bank

Witness my hand and Notarial Seal this i7~~ day of January middot1985

My County of Residence Is

-1VVd~

___-__-shy

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

- 2 shy

Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

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ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

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87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

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PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

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Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 11: ; I: fJfJ ' :'. t

I I LLLJ IAA( 1 ~(f185

SECOND IBBNDHENT TO bECL1R1TION ottl~ n ~i1 11 01 ~I ns SPRINGHLL L1KES 1T T1H1RICK ~r ( lJ-td-UtImiddot

___IOR zoNT1L PROPERTY REG_H_i_E__ MAnIO~COUNltAUollon ~

J5~39t-J53

H~

TillS SBCOND l~1ENLJH ENf f0 DEC Ll RlT ION OF SP Rl NGH ILL LlKFS 1T

TIHIRlCI

is made

1I0RIZONTlL PROPERTY

this 11 0day of

REGME

Hay

(thie

1985

Second 1mendmentmiddot)

by PL1NrTEC INC

(lJeclarc1lt) all Indiana corporation

RECIT1LS

1 Declarant has previously recorded in the office of the

fteconler of Harioll Coullly~ IttcHana a Declaratiol1 of sprillgml11

Lakes 11 Tnmarnck Ilorizontal Property Regime on Janllnry 18

1985 as Instrument Number 85-467lt1 and a Restated First

lmelldmellt thereto 011 ray I~ 1985 as 119trumel1t Number 85-11351 (jointly the Declaration)

B Under the provisions of Sectioll 15 of the Declaration

LJeclarClllt alltlcipated the expansion of the Regime and pursuant

to that provision Declarant ha9 the authority to expand the

flegime

c lJecliHtlllt 11014 desires to add to the Reg ime nil

IdcHtiollal Sectioll such 1dditional Sectlotl beillg more parshy

ticularly described on the attached Exhibit 1 alld incorporated

hereIn by this referellce (the 1ddit10t18l Section)

NOW TIIEREFORE Declaranl hereby amends the Declaration 10

expnlld Ihe Regime so as to include within it a portion of what

hlt1 been previously described as Ille 1djacent neal Eslale

subject 10 and ill accordance with the following terms and

provisionsl

Seclion 1 Definitiol1s 111 of the terms Ilot expressly

defined or modified hereil1 shall have the meanitlgs set fortll ill

the lJec lara tion

Sectioll 2 1ddilional Section 111e Additional Section is

hereby added to the Regime as if the same had origil1ally been

included in the Declaration ae parI of Ihe Real Eelale The

real eelate described in the 1dditlonal Section is hereby

deleted from the definilion of 1djacel1t Real Estate ~Ild is

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

- 2 shy

Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

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ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

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87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

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PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

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Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

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Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 12: ; I: fJfJ ' :'. t

hereby added to the definition of Real Estate for all purposes

under the Declaration

Sect ion 3 The Idditlonnl

section contains three (3) Dwelling Units as shown on the

Plans recorded at the time of recording of this Second lmelldshy

ment Said Dwelling Units are identified and referred t6 in

t lle P 1 nilS and i It tit is Second Imend men t as Dwe III ng UI1 its

numbered 1 2 and 3

Section 4 From and after the

recording of this Second Jmendment and until the Regime is

further expanded the Percentage Interest of each Dwelling Ullit

in the Regime is hereby reallocated and shall be equal to

sixteen and 6671000 percent (16667) Is of the date of this

Second Imendment the Regime consists of six (6) Dwe11il1g Units

and appurtenant Common Ireae and Limited Common lreas as shown

on the Plans

section 5 Governance Declaration From and a He r the -------------~---

recording of this Second Jmendment the Dwelling Units contained

within the Idditional Section covered by this Second lmendmetlt

are hereby subject to and shall be governed by all of the terms

and provisions of the Declaration

Sec tlOll 6 Floor Plans The Plans pertaining to the

IcJditional Section are incorporated into this Second lmendment

by reference and have been recorded contemporaneously wHIt theshy

recorcJingof this SecOlld Imendrrtent in the office of the Recorder

of t-larion County Indiana as Instrument Number 85- S ~3Sc) Section 7 Rema itd Provisions The remaining provisions

---------~--------

of the Declaration shall remain unchanged and in full force and

ef[ect

IN WITNESS WHEREOF Declarant has caused this Second

lmendment to be executed as of the day month and year first

obove written

PLIN-TEC INC

By_~~ ~L)~_-__~_Earl 1 Blallt ey Jr() Presloent

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Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

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middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 13: ; I: fJfJ ' :'. t

Parl of the Northwesl Quarter of Sectiol1 15 Towllship 17 North nanga 3 Easl in Harlon County Indiana being more particularly described as folloWSI

Commencing at Ihe Soulheasl cottler of Ihe said Norlhshywes t Ouarter Section J thence Southmiddot 89 degrees 3 mi flutes 20 seconus Wesl along lhe Soulh line of Ihe said Norlhwesl Quatler Seclion 66145 feel =0 ~he Soulhwest corner of ~he East lm1E of =l1e East holf of lhe sa id Nor~hwe91 Quarler SecHon thence Nor~lh 00 degrees 11 minutes 15 eecolls ~(t9l along Ihe Wesl line of the Easl 11alf of Ihe ~asl lIalf of lhe said Northwest Quader Section 58099 feel J lhence Vorth 89 degrees 18 minules 37 secondsEasl 15001 feel 10 the begintting pointJ Ihence North 5 degrees 11 minuleo 15 seconds East 2828 feeb thence North 00 middotdegrees 11 mltlute~ 15 seconus East parallel with the said West line 6513 feel lhence Norlh 4~ degrees 48 minutes 45 seconds Wesl 820 feel Ion curve hnvin9 a r(tdius of 335 feet the radius poilll of whIch bears Soulh 89 degrees 8 minules 45 seconds East lhence Norlherly along saId curve 21121 feel 10 a polhl which bears Norlh 53 degrees 1 minules 23 seconds West from sdd radius poitll thellce North 36 degrees 18 mitlUlesJ7 seconds East 1935 feel lo a CUrve havltlg a radius of 2000 feet Ihe radius poillt of which bears south 53 degrees 1 minules 23 seconds East thence Northerly Easterly (tfld Southeaslerly along Ihe said curve 3288 feet 10 a point which bears North 40 degrees 30 minules 00 seconds Ens from said radius point thence Soulh -19 degrees 30 minutes 00 seconds East 7000 feel Ihence SOUIl 20 degrees 00 minutes 00 seconds West 9000 feel Ihence Sou 111 00 deg teeS 00 ml nu Ies 00 seconds les I 18978 feelr Ihence Soulh 09 degrees 18 mlnules 37 seconds Wesl 1282 feel 10 Ihe begintling point containing 081~ acres more or less

EXHI131T 1

- shy

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

- 3 shy

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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lAII) 0e D U Ntary Publlo (printed name)

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

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------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 14: ; I: fJfJ ' :'. t

middot)

STATE OF INDIANA SS

Cou~rrY OF HARION

l3e[ore me a Notary Public itl alld for said County and State

per SOli n 11 yappea red Ear 1 T bull U1a Id e y Jr t 11 e Pre s Lde Ill 0 [

bull rlnll-Tec Inc I a corpotaHol1 orgal1ized ltllld exlsHng under the loWS of the State of Indiana and acknowledged the execution of

the foregoing Second Amendment 10 DeclaroUon of Spril1gmill

Llttkes At Tamarack IIQrizol1tal Properly Regime as such officers

octll1g (or and 011 behalf of said corporaUon

WITNESS my Ilulld (lnd Notarial Seal tllis L71J day of H(lY

1905

Printed

fly commission Expires

Res idel of l1BtDi IJD~ Counly

This illstrument was prepa r ed by Ph illip L [layt ICP HILLER ()OUADIO RYAN Olle American Square l30x 82001 111dialltpotis lllrll u tF lt16282

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CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

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I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

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j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

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IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

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(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

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THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

r

(

STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

I

I II f I bullbull (printed nllme) Notary Public ( J _-

~ ~ 0 (~_)

~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 15: ; I: fJfJ ' :'. t

rlt t f 4middot I

CONSENT OF

The undersigned Mortgagee of the Property scribed in the foregoing Declaration of Springmill Lakes at Tamarack Horizontal Property Regime and Code of By-laws of Springmill Lakes at Tamarack Horizontal Property Regime hereby consents and suborshydinates to such Declaration and Code of By-laws

Dated January 171985

THE INDIANA NATIONAL BANK

L Rus ce Pres

iSTATE OF INDIANA SS

ICOUNTY OF MARION I

Before me a Notary Public in and for said County and iState personally appeared Gerald L Rush known to me to be Ithe Vice Pres ident of The Indiana National Bank I and having ibeen first duly sworn acknowledged the execut ion of the foreshygoing Consent of Mortgagee for and on behalf of said bank

I Wi tness my hand and Notar ial Seal thi s LZ~t day of January 1985

rmiddot-middotl-i 0wbJd_-pound~~ar~P0bliC-Signature

- I t

I~ ~~i~~fpfrlIf~fr~t Name-------shy ~- J ~ r ~ ~_~ I - I

ry ~C o~n~~-L~t~middotExpires My County of Residence Is

_~J~tL ___ ~_~______

I I

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

r

(

STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

I

o fY K D~) ~

l d~ gt1 shy~I

~ ~

bull v ~ ~~

This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

~ I hI )i~

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It-

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~

LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

I

I II f I bullbull (printed nllme) Notary Public ( J _-

~ ~ 0 (~_)

~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 16: ; I: fJfJ ' :'. t

1 I n ll - I - I I rl ~ I u ~ ~~~~

h( ~ I HI i rl L L ( l I - 11 PO

j r (j li J I bullbull IUG 1~ mSG TItI RO Ar1ENDMENT TO DECLARAT ION OFrUG n ~ 91 fl GS SPRINGMILL LAKES AT TJMJRACK

HOR 1ZONTAL PROPERTY REG 1l1E ~arl~cJL~ TillS THIRD M1ENDHENT TO DECLARATION OF SPRINGtllLL LAKES AT

TAHARACK HORIZONTAL PROPERTY REGIME (this Third Amendment) is

made this ~ day of IWgust 1985 by PLAN-TEe INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as InstrUment Number 85-4614 a Restated First Amendment

thereto on Hay 11 1985 as Instrument NUmber 85-39351 and a

Second Amendment thereto on May 17 1985 as Instrument Number

85 39353 (jointly the Declaration)

B Under the provisions of section 15 of the Declaration Declarant anticipated the expansion of the Regi~e and pursuant

to that provision Declarant has the authority to expand the

Regime

C Declarant now desires to add to the Regime an

Additional section such Addi tiona 1 Sect ion being more

particular ly described 011 the attached Exhibit and

incorporated herein by this reference (the Additional

Sec t i-D n ) bull

NOW THEREFORE Oeclarant hereby amends the Declaration to

expand the Regime so as to include within il 11 porlion of what

had been previously described as the Adjacenl Real Estate

subject to and in accordance with ~he following terms and

provisions

Section 1 Defint~ions il of the terms not express ly

defined or modified herein shall have Ihe meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the (egime as if the same had originally been

included in the Declarallon as parI of the Real Estate bull The

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

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ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

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Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

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PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 17: ; I: fJfJ ' :'. t

real estate described in the Additional Section is hereby

deleted from the deEiniUol1 of Adjacent Real Estate and is

hereby added to the definition of Real Estate for all purposes

under the DeclaraUon

Section 3 Addition of Dwelling Units The Addi tiona L

Section contains four (~) Dwelling Unlls as shown on the plans

recorded at the time of recording of this Third Amendtnent

Said Dwelling Units are identified and referred to in the Plans

aild in this Third Amendment as bwelling Units numbered 28 29

30 and 31

Section 4 Percentage Interests From and after the

recording of this Third Amendment and until the Regime is

furtlJerexpanded the Percentage Interest of each Dwelling Uuit

in the Regime is hereby reallocated and shall be equal to ten

percent (10 As oE the date of chis Third Amendment the

Regime consists of ten (16) Dwelling Units and appurtenant

Common lreas and Limited Common Areas as shown on the Plans

Section 5 Governance by DeclataUol1 From and after the

recording of this Third Amendment Ihe Dwelling Units contained

within the Additional Section coveted by this Third Amendment

are hereby subject to and shall be governed by all of ~he terms

a l d pro y i s i OIS 0 f the f) e c 1a rat i 01

Section 6 Floor Plans The Plans pertaining to the

Additional Sectlon are ~1corporated into ~his Third Amendment

by reference atJd have been tecorded contempotaneously wilh the

recording of this Third Amendment in the office of the Recorder

of Z1arlon County Indiana as Instrument Number 85- t71a ~O bull

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

- 2 shy

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

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lAII) 0e D U Ntary Publlo (printed name)

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 18: ; I: fJfJ ' :'. t

IN HITNESS WHEREOF Dec I a ran 11 a s c a used I his T h lr d

Amendment to be executed as df the day monlh and year Etrsl

iabove written

PLAN-TEC INC

By Earl A Blakley Jr Fresldellt

By ~~lakley~Oampb~_ Pursuant to B Power of ouo~t1~y 11 ( C qRecorded as Instrument ~ ~ 0 l

STATEOF INLJIANA ) ) SS

centOUNYOF MldHON )

Before me a Notary public itt and for sald County and

State personally appeared Earl 1 Blakley pursuallt to a power

Jf attorney on behalf oEtarl A Blakley Jr the President r Plan-Tec Inc a corporation organized and edsllng under

the laws of the state of Indiana and acknowledged the

xeCUlon of the foregoing Third Amendment To Declaration Of

Spdllgrnlll Lakes At Tamarack Horizontal Property Regime as such

JfElcers acting for and on behalf of said corporation

HITNESS my hand and Notarial Seal this g~-I _ day of August

19135

I SlgIJaIU~~ __~-- ~ NOTARY p L C

I Guf~ M~ Commission Expires

i

I county

rtds instrument was prepared by Phillip L Bay ICE MILLER DyNMJIO tt RYAN One American Square Box 82001 Indianapolis 17dlana 46282

- 3 shy

I

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

f

Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

r

(

STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

-~ ~6(lr-C )

n(signa b C-

lAII) 0e D U Ntary Publlo (printed name)

i

My CommissIon Explrcsf County of ficsldcnccl

I

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l d~ gt1 shy~I

~ ~

bull v ~ ~~

This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

~ I hI )i~

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~

LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

I

I II f I bullbull (printed nllme) Notary Public ( J _-

~ ~ 0 (~_)

~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

0

This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
Page 19: ; I: fJfJ ' :'. t

--

LEG~ DESCRIPTION

Pll1SE 3

rart of the Northwest Quarter of section 15 Township 17 North nange J East in Harion County Indinna being more particularly described as foilowsl

Commencing at the Southeast corner of the said Northwest Quar- ter section thence South 89 degrees 43 minutes 20 seconds West along the South line of the snid Northwest QUarter Section 66145 feet to the Southwest corner of the East lIalf of the East 11df of the said Northwest Quarter section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East l1alf of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes_ 4S seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North ~5 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence tJorth 36 degrees 18 minutes 37 seconds East 6913 feet to the beginning point thence continue North 36 degrees 18 minutes 37 seconds East 22500 feet thence south S3 degrees 41 minutes 23 seconds East 11700 feet thence South 06 degrees 19 minutes 22 seconds East 59S7 feet thence South 41 degrees 19 minutes 00 seconds East 19200 feet thence-North 49 degrees30-minutes 00 seconds West 1411S feetto the beginning point containing 0777 acres more or less

EXHIBIT h

---------------1shy

x~~~850101732 ~i~~FOURTH AMENDMENT TO DECLARATION

OF SPRINGHILL LAKES AT TAMARACK ~ 1~~tHORIZONTAL PROPERTY REGIME

t~~~ THIS FOURTH AMENDMENT TO DECLARATION OF SPRINGMILL LA~~S AT

TAMARACK HORIZONTAL PROPERTY REGIME (this IIAmendmentll) is made

1985 by PLAN~TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously record~d in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18

1985 as Instrument Number 85-4674 a Restated First Amendment

thereto on May 17 1985 as Instrument Number 85-39351 a Second

Amendment thereto on May 17 1985 as Instrument Number 85-39353

and a Thi rd Amendment thereto on August 12 1985 a sIns trumen t

Number 85-67641 (jointly the IIDeclaration ll )

B Under the provisions of section 15 of the Declaration

Declarant anticipated the expansion of the Regime an pursuant

to that provision Declarant has the authority to expand the

Regime

C Decla~ant now desires to add to the Regime an Additional

Section such Additional Section being more ~articularly described

on the-attached Exhibit A and incorporated hereinby this refer~

- ence (the Addi tional Section II) bull

NOW T~EREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified ~erein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

real estate described in the Additional Section is hereby deleted

~---~ -~L----- -_____~__________~____ _-- - ---~------------~

from the definition of Adjacent Real Estate and is hereby added

to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition ofDwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded atthe time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered IS 16 and 17

Section 4 Percentage Interests From and after the

recording of this Amendment and until the Regime is further

expanded the Percentage Interest of each Dwelling Unit in the

Regime is hereby reallocated and shall be equal to 7692 As of

the date of this Amendment the Regime consists of thirteen (13)

Dwelling Units and appurtenant Common Areas and Limited Common

Areas as shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling unfts contained within

the Additional Section covered by this Amendment are hereby

subject to and shall be governed by all of the terms and provishy

sions of the Declaration

Section 6 Floor Plans The Plans pertaining to the

Additional Section are incorporated into this Amendment by

reference and have been recorded contemporaneously with the

recording of this Amendment in the Office of the Recorder of

Marion County Indiana as Instrument Number 85- 0 I J ~ I

Se

S Remaining Provisions The remaining provisions

of themiddot Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presid

- 2 shy

middot1

I $TATE OF INDIANA )

) SS JOUNTY OF MARION )

I Before Ne a Notary Public in and for s~id County and State

gersonally avpeared Earl A Blakley pursuant to a power of attorney

~n behalf of Earl A Blakley Jrf the President of Plan-Tec Inc

d corporation organized and existing under the laws of the Sta te

Jf Indiana and acknowledged the exec~tion of the foregoing Fourth

tmendment to Declaration Of Springmill Lakes At Tamarack Horizontal

~roperty RegimeI

as such officer acting for and on behalf of said

~orporation

WITNESS my hand and NotarialSeal this L01- day of

I~~middotcgt poundgt 0 jEgt Q I 9 8 5 bull

(

(signatu

~b pound G~ rY i 0 (printed name) Notary Public

~y Commission Expires lvmiddotmiddot ) ampCc-

J TllS 1nstrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp IRYAN One American Square Box 82001 Indianapolis Indiana 46282

- j shy

----

LEGAL DESCRIPTION (PHASE 4)

Part of the Northwest Quarter of section 15 Township 17 North Range 3 Ea~t in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 m~nutes 20 seconds West along the South line of the said NorthwestQuarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 10 minutes 37 seconds East 66823feet thence North 02 degrees 00 minutes 00 seconds Weat 16130 feet thence North 28 degrees 07 minutes 34 seconds East 34496 feet to the Beginning Point thence North 88 degrees 56 minutes 26 seconds West 12866 feet thence North 71 degrees 00 minutes 00 seconds West 7353 feet to a curve having a radius of 11300 feet the radius point of which bears North 83 degrees 23 mintues 19 seconds West thence Northwesterly along the said curve 8897 feet to a point which bears North 51 degrees 30 minutes 00 seconds East from said radius point thence North 38 degrees 30 minutes 00 seconds West 580 feet thenc~ North Sl degrees 30 minutes 00 seconds East 4564 fe~t thence North 65 degrees 00 minutes 00 seconds East 17578 ~eet thence South 00 degrees 13 minutes 46 seconds West 4098 feet thence North 89 degreee 47 minutes 52 seconds East 12500 feet thence South 28 degrees 07 minutes 34 seconds West 20000 feet to the Beginning Point containins 0992 acres more or less

EXHIBIT A

APPROVED Ii( -r-- t((

WA$HINGTQN TOWNSHIP ASSESSOR-0

BY amp22e-h-j Zu-1 Real Estate Oepuhi ~I -~l-Jgt

lt7g-li35 i~ 1 ~ t~ [I CEIVED FOR RICORC RESTATED FIFTH AMENDMENT TOODECLARATION l1 ~ I V~ ~

M 9 2 OF SPRlNGMILL LAKES AT TAMARACK ~J 0 CgtU198g38 DEC -5 r - HORIZONTAL PROPERTY REGIME 0u (t ~II

-- 0 lUUfl ()-~ q ~ R~anouH1 )ECORDER tz ~()

1 THIS RESTATED FIFTH AMENDMENT TO DECLARATION OF SPRl-NGI HtRYN-A~~ LAKE~TAMARACl HORIZONTAL PROPERTY REGIME (the Amendment) is made this day of M~~ 1988 but effective as of November 4 1985 by WHITE RSE INVESTMENT CO INC (Declarant) an Indiana corpora tion

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 4 1985 as Instrument Number 85-101732 and a Fifth Amendment thereto on November 15 1985 as Instrument Number 85-101734 (jointly the Declaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C The Floor Plans filed with the Fifth Amendment do not currently depict certain Limited Areas appurtenant to Unit 24 which were constructed subsequent to the recording of the Fifth Amendment Declarant now desires to correct the Plans for such section to the Regime as more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

D The purt0se of this Restated Fifth Amendment is to refile the Plans WhiCh have been amended to show the additional Limited Areas appurtenant to Unit 24

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional Section is hereby deleted from the definition of Adjacent Real Estate and is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 21 22 23 and 24

Section 4 Percentage Interests As of the effective date of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 5882 As of the effective date of this Amendment the Regime consists of seventeen (17) Dwelling Units and appurtenant Common Areas and Limited Areas as shown on the Plans

Section 5 Goverance by Declaration As of the effective date the Dwelling Units contained within the Additional Section covered by this Amendment are hereby subject to and shall be governed by all of the terms and provisions of the Declara tion

Section 6 Floor Plans The Plans pertaining to the Additional Section as resta ted are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the 0 fice of the Recorder of Marion County Indiana as Instrument Number 88- These Plans replace the Plans recorded as Instrument Number 85-10173~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall

8~~~__~~~~~~_____

remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Ar1endment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

~akley President

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary PLlblic in and for said County and State personally appeared J Michael Blakley President of Whitehorse Investment Co Inc and acknowledged the execution of the foregoing Restated Fifth Amendment To Declaration Of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this ----_ day of 161i~Le-sJ 1988

SIgnature ~ D-- e~to

Printed HrLEr) 0 KoB ERN NOTARY PUBLIC

My Commission Expires County of Residence

h- Cl_A__lt-~

This instrument was prepared by Phillip L 8ayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282 Telephone (317) 236-2100

- 2 shy

LEGAL DESCRIPTION (PHASE 5)

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89middot degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 12001 feet thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence North 00 degrees 11 minutes 15 seconds East parallel with the said West line 6559 feet thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the Beginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds West thence Southerly along the said curve 10946 feet to a point which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a curve having a radius of 43800 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said radius point thence North 51 degrees 35 minutes 00 seconds West 13648 feet thence North 06 degrees 19 minutes 22 seconds West 5987 feet thence North 53 degrees 41 minutes 23 seconds West 11700 feet to the BegInning Point containing 1184 acres more or less

EXlllBlT A

850101734 FILED FIFTH lMENDMENT TO DECIJUUTION NOV 15 1985OF SPRINGHILL LARES AT TAMARACK

HORIZONTAL PROPERTY REGIME

~ rwSPRING~1ILJftA1f~gOl-f1~THIS FIFTH AMENDMENT TO DECLARATION OF

TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment ll ) is made

this 1Jj) day of 71~v 1985 by PLAN-TEC INC

(Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill

Lakes At Tamarack Horizontal Property Regime on January 18 1985

as Instrument Number 85-4674 a Restated First Amendment thereto

on l-1ay 17 1985 as Instrument Number 85-39351 a Second Amendment

thereto on May 17 1985 as Instrument Number 85-39353 a Third --shyc l~endment thereto on August 12 1985 as Instrument Number 85-6764~

Cgt

and a Fourth Amendment thereto on No V-W1 bfJ t 1985 as

r Instrument Number 85- O13P (jointly the II Dec lara tion ) G

-0 T

bullbullgt ~B Under the provisions of Section 15 of the Declaration )

o~ UI

Declarant anticipated the expansion of the Regime and pursuant

to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an Additional

Section such Additional Section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what

had been previously described as the Adjacent Real Estate subject

to and in accordance wi th the following terms and provisions

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The real

estate described in the Additional Section is hereby deleted from

the definition of Adjacent Real Estate and is hereby added to the

definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains four (4) Dwelling Units as shown on the Plans

recorded at the time of recording of this Amendment Said Dwelling

Units are identified and referred to in the Pl~ns and in this

Amendment as Dwelling units numbered 21 22 23 and 24

Section 4 Percentage Interests From and after the recor lt

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 5882 As of the date

of this Amendment the Regime consists of seventeen (17) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Additional Section covered by this Amendment are hereby subject

to and shall be governed by all of the terms and provisions of

the Declaration

Section 6 F r Plans The plans pertaining to the Addishy

tional Section are incorporated into this Am12ndment by reference

and have been recorded contemporaneously with the recording of this

Amendment in the Office of the Recorder of Marion County Indiana

as Instrument Number 85- 0733

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

ef f ect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blaklery Jr President

I

By r

Ear ~ Blakley Pur sua t to a Power of Attorney Recor ed as Instrument Number 82-46 89

- 2 shy

STATE OF INDIANA SS

COUNTY OF t-1ARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attorshy

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

Stltlte of Indiana and acknowledged the execution of the foregoing

Fifth Amendment To Declaration Of Springmill Lakes At Tamarack

Horizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this day of

~~_G_~__~~__~_~_~middot_~________ 1985

r-1y Cornmission Expires ~ middot)-dp

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 92001 Indianapolis Indiana 46282

- 3 shy

LEGAL DESCRIPTION (PHASE 5)

Pilrt of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described ilS follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Northwest Quarter section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along middotthe West line of the East Half of the East Hillf 0 f the sa id Northwes t Quarter Section 58099 fee t 1 thence North 89 degrees 18 minutes 37 seconds East 12001 poundeett thence North 44 degrees 48 minutes 45 seconds West 2828 feet thence NorthOO degrees 11 minutes 15 seconds East parallel with the said West line 6559 f~et thence North 45 degrees 11 minutes 15 seconds East 2828 feet to a curve having a radius of 36500 feet the radius point of which bears South 89 degrees 48 minutes 45 seconds East thence Northerly along the said curve 23012 feet to a point which bears North 53 degrees ~1 minutes 23 seconds west from said radius point thence North 36 degrees 18 minutes 37 seconds East 29413 feet to the 8eginning Point thence continue North 36 degrees 18 minutes 36 seconds East 20841 feet thence South 38 degrees 30 minutes 00 seconds East 18375 feet to a curve having a radius of 11300 feet the radius point of which bears South 51 degrees 30 minutes 00 seconds vlest thence Southerly along the said curve 10946 feet to a P9int which bears South 73 degrees 00 minutes 00 seconds East from said radius pointl thence South 17 degrees 00 minutes 00 seconds West 5880 feet to a c~rve having a radius of 43800 feet the radiu~ point of which bears North 73 degrees 00 minutes 00 seconds West thence Southwesterly along the said curve 8472 feet to a point which bears South 61 degrees 55 minutes 04 seconds East from said rad~us point1 thence North 51 degrees 35 minutes 00 seconds West 13648 feeti thence North 06 degrees 19 minutes 22 seconds West 5987 feeti thence North 53 degrees 41 minutes 23 ~econds West 11700 feet to the 8eginning Point containing 1~184 acres more or less

EXHI8IT A

i

OEC 3 U 905 63Gl~b

SIXTIl JHENDMENT 10 DECLlUtlTIOH 11 n v1t~ OF SPRINGHILLLAKES JT 1JMARJc~~~r1 ~f

BOlUZONT1L prWPEnTY REGIHE UIVJllotICOUmaUDITOr1 i

TIll S S I XTII lMENDHENT TO DECL1RATION OF SPRINGHILL L1KE9 AT -

~ t tl bull ~ 11 4

0 TMllfUCK 1I0RI ZONTlL PROPEnTY REGIHE (the IIAmendment J is milder)

bull bull t ~ 7- bull t 1 1985 by PLAN-TECINC ~

~ 11 shyvY I j

1 L bull I ~ bull (Declarant) an Indiana corporation

bull 1 Imiddot T

RECITllS rmiddot ~rJ

l Declnrant has previously recorded in the Office of the

Recorde r ~ f Ma r ion Coun tymiddot Indiana a Declara tion of Spr ingmi 11

LLlkes 1t Tamarack Horizontal Property Regime on January 19 1985

LIS Instrument Number 85-4674 a Restated First lmendment thereto

on ~lay 17 1905 ns Instrument Humber 85-39351 a Second Amendment

ther~to on Hay 17 1985 as Instrument Number 85-39353 a Third

lmendment thereto on Iugust 12 1985 as Instrument Number 85-67641

a fourth lmendment thereto on JJc-v~ IS 1985 as Instrument

Number 85- ICtliJ I and a Fifth lmendment thereto on

-~ ~d 1905 as Instrument Humber 85- Lo731 (Declaration)

Q Under the provisions of section 15 of the Declarntion

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authoritYto expllnd the Regime

C Declarant now desires to add to the Regime an Idditional

Section such Additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the Additiona section)

NO~ TIEREfOnE Declarant hereby amends the Declaration to

expand the Regime 80 IS to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisionsl

Section 1 Definitions 111 of the termll not expressly defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section 19

hereby added to the Regime as if the same had originallY been

included in the Declaration as part of the Real Bstate The

real estate described in the Additioanl Section is hereby deleted

[rom the definil1on of the Jdjacent neal Estate and is hereby

tJdded to the definition of neal Estate for all purposes under

tile Declaration

section 3 JddiUon of Dwelling Units The lddltlonal

Srction cOlltail19 four (4) DwellIng UIlI~s as shown on the Plano r

r eco rd ed 0 t the time 0 f recording of t11i a lmendmen t Said Dwelling

Units ore identified ond referred toin the Plansand in this

lmendmenl as Dwelling Unils numbered 45 Gand 7

section 4 Percentage Interests From and after the recorshy

ding of Ihis Jmendmenl llld until the negime i8 further expllnded

the Percentage Interest of each Dwelling Uni1in the Regime is

hereby reallocated and shall be equalmiddotto 4762 1s of the date

of I hi s lmendmen I I the neg imo consi 8 ts of twen ty-ono (21) Dwell i n~

Units and appurtenant Common Areas and LIrnI~ed Common Areaa llS

sllOwn on Ihe Plans

section 5 Goveraf1ce by Declaration From and after the

recording of this Tvnendment the Dwelling Units contained within

the Imendment covered by tIlls lmendme1t are subject to and shall

be governed by all of Ihe terms llnd provisions of the Declaration

Section 6 Floor Plans The Plano pertaining to the

Idldtional section are incorporated into this lmendment by refershy

ence and have been recorded contemporaneously with the recording

of this Imendmen~ in the Offico of tho necorder of Harion County

Indiana as Instrumenl Number 05- IlLlAbiA Sectiol1 7 nernaining Provisions I The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

U~ IHTNESS WllenEOF Declarant hilS caused this lmendment to

be executed as of tile day month and year firs above written

PLJN-TEC IHC

By Earl A Blakley Jr PresIdent

as

- 2 shy

ST~TE OF INDI~N~ S81

COUNTY OF HMUot~

Defore me II Notary PubliCI in and for said countymiddot and statemiddot

persollally appeared Earl ~ Blakley pursuant to n power of attor-middot

ley 011 behalf of Earl ~ Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

state of Indiana and llcknowledged the executionof the foregoing

Sixth flmendment To Declaration Ofmiddot Springmill Lakes ~t Tamarack

Ilorizonta Property negime a9 such officer acling for and on

behalf of said corporation

WITNESS my hand and Notarial Beal Ihi9-311- day of

1985

Hy Commission Expiresl r R (0

bull t

This instrument Wns prepared by Phillip L Bayt ICE fULLER tJOl~flDlOmiddot amp RYflN One Ivnerlean Square Box 82001 Indianapolis l Indiana 46282 bull

- J -

LEGJL l)ESCnlPTlOI~ (PI1JSE 6)

Purt of tlle Northwest Quarter of section 15 Township 17 Norch n(1 fl 9 e 3 E a s till 1 a r 10 tl Co U11 t y I 1 n din na be ing m0 repn r ticu1a r 1y described as folloWSI

Commencing at the southeast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds West along the South line of the said Norlhwest Quarter Section 661~S feet to tlle Southwest corner of the East lia1f of the East Half of the s()id Horthwest Quarter section thence North 00 degrees 11 minutes 15 secollds East along the Went line of the East lInl of the East Half of the sald Northwest Quarter Section 59099 feet thence bull Ijorth 99 degrees 19 minutes 31 aeconds East 27942 feet to the Uegltllllllg Polntl thence North 00 degrees 00 minutes 00 seconds Ellst 18970 feetl thence Horth 20 degrees 00 minutes 00 seconds Jast 9000 feet thence South 49 degrees 30 minutes 00 seconds East 5749 [eetto 0 curve having a radius of 11300 fee the radius polnt of which bears North 40 degrees 30 minutes 00 seconds Eastl thellce Easterly nlong snid curve 12231 feet to n point which bears south 21 degrees 31 minutes 00 seconds East from Baid rddius pointl thence South 21 degrees 31 minutes 00 seconds East 23059 feet thence South 09 degrees 10 minutes J7Boconds Weat 27393 feet to the Uegil11l1ng Point containing 1195 acres more or less

EXtlDlT 1

- (

SEVENTH AMENDMENT TO DECLARATION OF SPRINGHILL LAKES AT TAMARACK fiLED

HORIZONTAL PROPERTY REGIME APR 7 1981)

06iJyenJ THIS SEVENTH AMENDMENT TO DECLARATION OF SPRIrrMILh mS AT

TAMARACK HORI ZONTAL PROPERTY REGIME (the Amendme~~~t~tn~~ Jt day of April 1986 by PLAN-TEC INC (Declarant) an

Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the

Recorder of Marion County Indiana a Declaration of Springmill x- 0

Lakes At Tamarack Horizontal Property Regime on January 18 1985 ltl

as Instrument Number 85-4674 a First Amendment thereto on May Ztl 1985 as Instrument Number 85-34694 a Restated First Amendment g

Igtoshy

thereto on May 17 1985 as Instrument Number 85-39351 a Secone ICo

c-l

Amendment thereto on May 17 1985 as Instrument Number 85-39353

a Third Amendment thereto on August 12 1985 as Instrument Number

85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on Novembex

18 1985 as Instrument Number 85-101734 and a sixth Amendment

thereto on December 30 1985 as Instrument Number 85-114687

(Declaration)

B Under ~he provisions of Section 15 of the Declaration

Declarant anticipated the expansion of the Regime and pursuant to

that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional

section such additional section being more particularly described

on the attached Exhibit A and incorporated herein by this reference

(the IlAdditional Section)

NOW THEREFORE Declarant hereby amends the Declaration to

expand the Regime so as to include within it a portion of what had

been previously described as the Adjacent Real Estate subject to

and in accordance with the following terms and provisions shy

Section 1 Definitions All of the terms not expressly

defined or modified herein shall have the meanings set forth in

the Declaration

Section 2 Additional Section The Additional Section is

hereby added to the Regime as if the same had originally been

included in the Declaration as part of the Real Estate The

------

real estate described in the Additional Section is hereby deleted

from the definition of the Adjacent Real Estate and is hereby

added to the definition of Real Estate for all purposes under the

Declaration

Section 3 Addition of Dwelling Units The Additional

Section contains three (3) Dwelling Units as shown on the Plans

recorded at the timeof recording of this Amendment Said Dwellingshy

Units are identified and referred to in the Plans and in this

Amendment as Dwelling Units numbered 8 9 and 10

Section 4 Percentage Interests From and after the recorshy

ding of this Amendment and until the Regime is further expanded

the Percentage Interest of each Dwelling Unit in the Regime is

hereby reallocated and shall be equal to 4167 As of the date

of this Amendment the Regime consists of twenty-four (24) Dwelling

Units and appurtenant Common Areas and Limited Common Areas as

shown on the Plans

Section 5 Goverance by Declaration From and after the

recording of this Amendment the Dwelling Units contained within

the Amendment covered by this Amendment are subject to and shall

be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to th~

Additional Section are incorporated into this Amendment by refershy

ence and have been recorded contemporaneously with the recording

of this Amendment in the Office of the Recorder of Marion County

Indiana as Instrument Number 86shy

Section 7 Remaining Provisions The remaining provisions

of the Declaration shall remain unchanged and in full force and

effect

IN WITNESS WHEREOF Declarant has caused this Amendment to

be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Presiden~

as a

- 2 shy

- -shy

STATE OF INDIANA SS

COUNTY OF MARION

Before me a Notary Public in and for said County and State

personally appeared Earl A Blakley pursuant to a power of attor~

ney on behalf of Earl A Blakley Jr the President of Plan-Tee

Inc a corporation organized and existing under the laws of the

State of Indiana and acknowledged the execution of the foregoing

Seventh Amendment To Declaration of Springmill Lakes At Tamarack

Hoizontal Property Regime as such officer acting for and on

behalf of said corporation

WITNESS my hand and Notarial Seal this ~ day of April

1986

(pr inted name) Notary Public

County of Residence

2Jctu~1

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 3 shy

PI~SE 7 LEGAL DESCRIPTION

Part of the Northwes~ Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as followsl

Commencing at the Sbutheast corner of the said Northwest Quarter Sectionl thence South 89 degrees 43 minutes 20 seconds ivest (assumed bearing) along the South line of the said Northshywest Quarter Section 66145 feet to the Southwest corner of the East Balf of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the Wes~ line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet1 thence North 89 degrees 19 minutes 37 seconds East 55235 feet to the beginning point1 thence North 21 degrees 31 minutes 00 seconds West 23059 feet to a curve having a radius of 11300 feet the radius point of which bears North 21 degrees 31 minutes 00 seconds West thence Northeasterly along the said curve 6702 feet to a point which bears South 55 degrees 30 minutes 00 seconds East from said radius point1 thence North 34 degrees 30 minutes 00 seconds East 5000 feet to a curve having a radius of 43800 feet the radius point of which bears North 55 degrees 30 minutes 00 seconds Westl thence Northeasterly along the said curve 1330 feet to a point which bears South 57 degrees 14 minutes 25 seconds East from said radius pointl thence South 57 degrees 22 minutes 49 seconds East 16377 feet thence South 28 degrees 07 minutes 34 seconds West 646B feet tllence South 02 degrees 00 minutes 00 seconds East 16130 feetl thence South 89 degrees 18 minutes 37 seconds West 11588 feet to the b~ginning point containing 1007 acres more or less

EXHIBIT A

~ il 1 tr v

8G0038560 ~~ ~ ~~ )

i SI ~ t 2 EIGHTH AMENDMENT TO DECLARATION ) ~~ j OF SPRING MILL LAKES AT TAMARACK ~t(- 1-JJR

HORIZONTAL PROPERTY REGIME I)~ l)1IvW~

THIS EIGHTH AMENDMENT TO DECLARATION OF SPRINGMIL~~(ES AT TAMARACK HORIZONTAL PROPERTY REGIME (the Amendment) is made this 5th day of May 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Sprlngmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as

~lnstrument Number 85-114687 and a Seventh Amendment thereto on April 8 1986 as ~ Instrument Number 86-28465 (all collectively referred to as Declarationll

)

~ B Under the blrovislons of Section 15 of the Declaration Declarant anticipated () the expansion of the Regime and pursuant to that provision Declarant has the authority

to expand the Regime

C Declarant now desires to add to the Regime an additional section such I ~ additional section being more particularly described on the attached Exhibit A and

incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the cHgime so as to Include within it a portion of what had been previously described as the ~djacent Real Estate subject to and in accordance with the following terms and Eovisions

o Section 1 Definitions All of the terms not expressly defined or modified herein

(Shall have the meanings set forth in the Declaration

r co Section 2 Additional Section The Additional Section Is hereby added to the ~eglme as If the same had originally been Included In the Declaration as part of the ~eal Estate The real estate described In the Additional section is hereby deleted from

the definition of the Adjacent Real Esta~e and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains two (2) Dwelllng Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 34 and 35

ltI1

- Section 4 Percentage Interests From and after the recording of this Amendment ~nd until the Regime Is further expanded the Percentage Interest of each Dwelling Unit

dn the Regime Is hereby reallocated and shall be equal to 384696 As of the date of this ~ ~Amendment the Regime consists of twenty-six (26) Dwelling Units and appurtenant

C Common Areas and Limited Common Areas as shownon the Plans

Section 5 Governance by Declaration From and after the recording of this c

- amendment the Dwelling Units contained within the Amendment covered by this tAmendment are subject to and shall be governed by all of the terms and provisions of the

Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendment in the Office of the Recorder of Marlon County Indiana as Instrument Number 88- 63551

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effectbull

-

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

Power of Attor ey Recorded as Instru ent Number 82-46189

ak ey ursuant to

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Eighth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this gh day of -gtoSnc--gtOIooLLo-1----______

198ie l

My Commission Expires

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East In Marlon County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East half of the East half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East half of the East half of said Northwest Quarter Section 93620 feet to the Beginning PoInt thence North 00 degrees 11 minutes 15 seconds East ulong the said West line 2067 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds East 12102 feet to a curve having a radius of ll200 (eet the radius point or which bears North 46 degrees 46 minutes 45 seconds East thence Southeasterly along the said curve 1736 feet to a point which bears South 37 degrees 54 minutes 04 seconds West from the said radius point thence South 52 degrees 05 minutes 56 seconds East 13424 feeti thence South 36 degrees 18 minutes 37 seconds West 6842 feet to a curve having a radius of 36500 feet the radius point of which bears South 53 degrees 41 minutes 23 seconds East thence Southerly along the said curve 5772 feet to a point which bears North 62 degrees 45 minutes 00 seconds West from the said radius point thence North 62 degrees 45 minutes 00 seconds West 17963 feet to the Beginning Points containing 0515 acres more or less

EXHiBIT A

t

1 -~~~ Qi~c-G r ( 11 c-nS iI jl t bull t

)-=~II bull - ~ rmiddot () j j ) ltI UG

~ 1

(1 t) ~rll ~ ~ p-

NINTH AMENDMENT TO DECLARATION J ~ )~OF SPRINGMILL LAKES AT TAMARACK ~ ~t ue-fYgt

I (lr )HORIZONTAL PROPERTY REGIME bull i d 11-)shy

J rV-

THIS NINTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HOR[ZONTAL PROPlmTY REGIME (the Amendment) Is made this 5th day of May 1986 by PLAN-TECINC (Declarant) an Indiana corporation

RECITALS

A Declarant has prevously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Spring-mill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-46151 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 17 1985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734- a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as nstrument Number 86-28465 and an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 (all collectively referred to as IIDeclaration)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to incluce within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms aild rovisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as If the same had originally been included in the Declaration as part of the Real Estate The real estate described in the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for-all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains four (4) Dwelling Units as shown on the Plans recorded at-the time of recording of this A mendment Said Dwelling Units are Identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 11 12 13 and 14

Section 4 Percentage Interests From and after the recording of this Amendment and until the RegIme Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocuted and shall be equal to 3333 As of the date of this Amendment the Regime consIsts of thIrty (30) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Ueclaration From and after the recording of this Amendment the Dwelling Units contaIned within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declara tion

SectIon 6bull Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded contemporaneously with the recording of this Amendnent Injhe Office of the Recorder of Madon County Indiana as Instrument Number 86- tJSJ5_

Section 7 Remaining Provisions The remaining Itovlslons or the Declaration shall remain unchanged and In full force and effect

-~

iN WITNESS WHER F Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr Preslden t

I rJt ( ( ~ I III

By (~ J~P EarA 8la1ltley Pursuant to a Power of Attorney Recorded as Instrument Number 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

fore me a Notary Public in and for said County and State personally appeared Earl A Blakley pursuant to a power of attorney on behalf of Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprngmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corporation

WITNESS my hand and Notarial Seal this 3~ day of May 1986

(printed name) Notary Public

My Commission ExpIres County of Residence

sAro i tou

860041526

This Instrument was prepared by PhIllip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

Part of the Northwest Quarter and part of the Northeast Quarter of Section 15 Township 17 North Range 3 East In Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees lt13 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees Ii minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 58099 feet thence North 89 degrees 18 minutes 37 seconds East 66823 feet North 02 degrees 00 minutes 00 seconds West 16130 feet North 28 degrees 07 minutes 34 seconds Eastmiddot 6468 middotfeet to the beginning point North 57 degrees 22 minutes lt18 seconds West 16377 feet to a curve having a radius of 4380 a feet the radius point of which bears North 57 degrees 14 minutes 25 seconds West thence Northeasterly among the said curve 12048 feet to a ~oint which bears South 73 degrees 00 minutes 00 seconds East from said radius point thence North 17 degrees 00 minutes 00 seconds East 5880 feet to a curve having a radius of 11300 feet the radius point of which bears North 73 degrees 00 minutes 00 seconds West thence Northerly along the said curve 2049 feet to a point which bears South 83 degrees 23 minutes 19 seconds East thence South 71 degrees 00 minutes 00 seconds East 7353 feet thence South 88 degrees 56 minutes 26 seconds East 12867 feet thence South 28 degrees 07 minutes 34 seconds West 28028 feet to the beginning point containIng 0908 acres more or less

8600pound11526

EXHIBIT A

---____--__----_- ___---__--__- shy

f~lED TENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TENTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME (the IIAmendment 11

) Is made thisc23Jd day or August 1986 by PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marlon County Indiana a Declaration of Sprlngmlll LakesAt Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 and a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 (all collectively referred to as Declaratlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated the expansIon of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the RegIme an additional section such nddltlonnl section being more pnrtlcularly described on the attnched Exhibit A nnd Incorporated herein by this reference (the lfAddltlonal Sectlon l1

)

NOW THEREFORE Declarant hereby amends the DeclaratIon to expand the Regime so as to Include within It a portion of what had been previously described as the Adjacent Real Estate subject to and In accordance with the following terms and provisions

Section Definitions All of the terms not expressly defined or modified herein shall have the melnlngs set forth In the Declaration

Section 2 Additional Section The Additional SectIon Is hereby added to the Regime as If the same had originally been Included In the DeclaratIon as part of the Real Estate The real estate described In the Additional section Is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 AddItion of Dwelling Unlts The Additional Section contains two (2) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are Identified and referred to In the Plans and In this Amendment as Dwelling Units numbered 32 and 33

Section 4 Percentage Interests From and after the recording of tlis Amendment and until the Regime Is further expanded the Percentage Interest of each Dwelling Unit In the Regime Is hereby reallocated and shall be equal to 312596 As of the date of this Amendment the Regime consists of thirty-two (32) Dwelling Units nnd appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of ~his Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Add tlonal Section are Incorporated Into this Amendment by reference and have been recorded contemporaneously with the recordIng or this Amendment In tho orrlce or the RecOtder or Marlon County indiana l~ instrument Number 8C1- gc 81~

----------------~--------- ----~---~ --

Section 7 RemainIng Provisions The remaining provisions or the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

PLAN-TEC INC

By Earl A Blakley Jr President

By~~~~~~~~~~~~~~__~_Ea Blakley Pursuant to a Po er of Attorney Recorded as Instrument umber 82-46189

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and Sta te personally appeared Earl A Blakley pursuant to a power of attorney on behalf or Earl A Blakley Jr the President of Plan-Tee Inc a corporation organized and existing under the laws or the State of Indiana and acknowledged the execution of the foregoing Ninth Amendment To Declaration of Sprlngmill Lakes At Tamarack Horizootal Property Regime as such officer acting for and o~ behalC of said corpora tlon

WITNESS my hand and Notarial Seal this 610 day of August 1986

(printed name) Notary Publle

My Comm Isslon ExpIres County of Residence

ffi~DJ

ThIs Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box 82001 Indlanapolls Indlana 46282

- 2 shy

~

Port of the Nortlnvest Quarter of section 15 Township 17 North Rnnge 3 East in Harion County Indiana being more particulary described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds vest (C ssumed bear ing ) a long the Sou th line of the said Northwes t Quarter Section 66145 feet to the Southwest Corner of the Enst Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the l~st line of the EClst Half of the East Half of the said Northwest () LlH t e r Sec t ion 5 80 9 9 fee t to the Begin i1 i n gPo i n t thence middotlorth 00 degrees 11 minutes 15 seconds East along the said ~rst line 35521 feet thence South 62 degrees 45 minutes 00 scconds East 17963 feet to a curve having a radius of 36500 [e~t the radius point of which bears South 62 degrees 45 minutes 00 seconds Eas t i thence Sou ther ly a long the said curve 17240 feet to apoin t which bears North 89 degrees 4 8 minutes 45 seconds Nest from said radius point i thence South 45 degrees 11 minutes 15 seconds West 2828 feet~ thence South 00 degrees 11 minutes 15 seconds West parallel with the said West line 6559 feet thence South 44 degrees 48 minutes 45 seconds East 2028 feet thence South 89 degrees 18 minutes 37 seconds west 12001 feet to the Beginning Point containing 0911 acres more or less

EXHIBIT 1

860103938FI LED OOT 13 986 ELEVENTH AMENDMENT TO DECLARATION 31 lt11 OF SPnlNOMILL LAKES AT TAMARACK

1 tAJ 1l0nlZONTAL PROPERTY REGIME V1~~tII(~ I

VIII~IO) cOUI-lTY -UOIl on j THlS ELEVENTH AMENDMENT TO DECLARATION OF SPnlNOMlLL LAKES AT

TAMARACK HORIZONTAL PROPERTY REGlME (the Amendmentll ) 5 mnde this jQb day or October 1980 by PLAN-TEC INC~ (IIDecloront ll

) on Indlono corporation

) RECITALS

A Declarant h~9 prevIously recorded In the Office of the Recorder of Marlon County Indiana n Declaratlon or Spring mill Lnkes At Tamarack Horlzontal Property Relma on Jonuory 181985 us Instrument NumberJ5-4674 n First Amendment thereto on May 7 1985 as Instrument Number 85-34094 0 Restated First Amendment thereto on Mny 17 1985 os tnstrumentJiumber 85-39351 a Second Amendment thereto on May 17 ID85 as Instrument Number 85-39353 n Third Amendment thereto on August 12 1985 os 113lrumentNumber 85-67041 a Fourlh Amendment lherctoon November 181985 as Instrument Number 85101732 n Firth Amendment thereto on November 18 1985 as Instrument Number 85101731 0 Sixth Amendment thereto on December 30 1985 us Instrument Number 85-111G87 n Seventh Amendment thereto Qn AprIl 8 1989 os Instrument Number 86-284G5 on Eighth Amendment thereto on May 8 1986 as Inslrument Number SO-385GO n Ninth Amendment thereto on May 10 1980 as Instrument Number 86-41520 and 0 Tenth Amendment thereto on August 28 1980 ns Instrument Number 86-82816 (all collectively referred to as BDeclorotlon)

B Under the pfovlslons or Section 15 orthe Declarat1~n Declarant antlcipnted the expansion or the Regime and pursuant to that provision Declarant has the authorlty to expand the Regime

C Declorant now desires to odd to the Regime an nddltlonal sectIon such additional section beIng more particularly described on the middotattnched Exhibit A and Incorporated herein by this reference (tho IIAddtonal Section)

NOW THEREFORE Declnront hereby nmends the Declarotlon to expand the Regime so as to Includ~ within It 0 portion oC what had been previously described 09 the AtlJncent Real Estnte subject to ond in acco~dance with tho following terms nnd provlslonsl i

Section 1 Definitions All oC the terms not expressly defined or modlCled herein

sholl hnve themeqnlngs set forthln the DeclnratIon cgt t1

Section 2 Additional Section Tho AddltIonol Sectlon Is hereby ndded to t~ ~I ReBme as the snme had orIginally been Included In tho Declaration os part oC thci- ~~ Renl Estate Tho real estate described In tho AddItional section s hereby deleted rorfrmiddot

1

~1 the de1nlt1on or the AdJocent Real Estate and Is hereby added to the defInItion or RenL~ fl

Eslate Cor 011 purposes ~nder the Declnratlon middot I-- ~ 0 ~

Sectton 3 Addition oC Dweillng Untts The AdditIonal Seotlon contolnsthree (3B c Dwelling Units os shown on the Plans recorded at the time oC recording or this Amendment Said Dwelling Units arc IdentlCled and reCerred to In the Plans and In thl~ ~ Amendment os Dwelling Units numbered 18 19 nnd 20

Sectlon 4 Percentage Interests From and nfter the recording or this Amendment and until the Regime Isfurther exponded the Percentage Interest oC eoch Dwelllng Unit In the Regime Is hereb~ reallocated and shall be equal to 2857 As or the date or this Amendment the Regime consists oC thlrty-llva (35) DweIllng Untts and oppurtenant Common Arcos and Limited Common Areas os shown on tho PIans

Sectlon 5 Governonce by Decloratlon From nnd oCter the recording oC this Amendment the Dwelling Units contaIned wIthin the Amendment oovered by this Amendment nre subject to and shaH bo governed by 011 of tho terms and provIsIons or the DeclaratIon

Section S Floor PJln~ Tho Plan~ pertaining to tho Addltlonol Seotlon nrc ncorporated into thIs Amandmant by rcrer~ncC and have bean reoorded contemporoneQullly Y1Hn ~h~ reoordlng col hl~ AmllnQmon~1n t~e onlQ~ of th TOQOrqH

of Marlon County Indlnn~ ~~ In~Tumlnt HlJm1Q7 sarbulltQ3 ~t

ppnROVED THts (3 ti f OF (~ 19~ ~E~SOB OfWASHNGTON TWP ~J~~a(11+fut DRAFTSMANshy

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Seotllt2l1 RemaihlnRProvlslons The remaining provisions or the Declnr~Uon shall remain unchanged and 1n full force and efCect

r lN WITNESS WHEftEOF Declarant has caused thls Amendment to be executed as or

the day month and year lrst above wrltlen ~

f PLAN-TEC l INC ~

Byl Eori A Blakley Jr President ~

I ~

By-~~~~~~~~~~~______~_

rl bull BlaKley Pursuan t to a ower 0 At rney Recorded as Instrum nt Number 82-46189

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STATE OF IN DIAN A ~

COUNTY OF MAIlI0N~

~ BcCora rna a No~nry Public In and lor said County and state personally appeared

End 1 Blakley pursuant to a power a attorney on bahal o Earl A Blakley Jr tha Prcllident of Plan-Teclnc n corporation org-anlzed nnd existIng under tha laws or the Stnte or Indiana and acknowledged tho eecutlon of the roregolng Eleventh Amendment To Ueclarntlon oC Sprlngm11 Lakes At Tamarack Horizontal Property Regime ns such offlceractlng Cor and qh behalf or saId corporatIon

WITNESS ~y handlnd Notarial Seal thIs l(TI day or Oolobcr 1988 t ~

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lAII) 0e D U Ntary Publlo (printed name)

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My CommissIon Explrcsf County of ficsldcnccl

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This Instrument was pr6pnred by PhIllip L Bayt ICE MILLER DONJDIO 6 RYAN One American Square Box 82001 IndlanoDolls Indanll 46292

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LEGAL DESCRIPTLON

Pnrt of the Northwesl 0l1ltlrter andNortheast Quarter of Section 15 lOvlship 17 Northi~ Runge 3 East in Marion County Indiana being more particularlydescribed as follows

Coltllnencing at the sou tlleas t Corner of the said Northwes t Quarte section thence South 89 degrees 43 minutes 20 seconds West along the South line of t1le said Northwest Quarter Section 66145 feet to the Southwest Corner of the East half of the East half of the srdc1 Nor thwes t Quarter Sec tion 1 thence North 00 degrees 11 minu tes 15 seconds East along the West line of the East half of the East IHl f of the said Northwest Quarter section 58099 feets thence Norlh 89 degrees 18 minutes 37 seconds East 66B23 feets thence Norh 02 degrees 00 T)lil1utes 00 seconds West 16130 feets thence tlorth 28 degrees 07 minutes 34 seconds East 54496 feets thence

Soth 89 degrees 47 mIllutes S2 seconds West 12500 feetl thence No I th 00 degrees 13 minu tes 4 6 seconds Eas t parallel with the

liORt line of tile saic1 Northeast Quarter Section 4098 feets thence Sollh 65 degrees 00 minutes 00 seconds West 2894 feee to the

b0i 1nning poin tl thellce Sou th 65 degrees 00 minu tes 00 8 econds HeRt 14684 feetitllence South 51 degrees 30 minutes 00 seconds ivest 456~ feets ~hence North 38 degrees 30 minutes 00 seconds

West 17963 feeti thence North 40 degrees 40minutes 52 seconds Eu~t 17577 feet1 thence South 42 degrEes 12 minutes 05 seconds Enr 244~1 feet to tile beginning point containing 0853acres

more or less

I

~

87UUlD~J APPROVED ~) - 30- ( 7 ~J C (i- I WASHINGTON TOWNSHIP ASSESSOR

BY 4~L~v i~L-L1 Real Estate Deputy

TWELFTH AMENDMENT TO DECLARATION OF SPRING MILL LAKES AT TAMARACK

HORIZONTAL PROPERTY REGIME

THIS TWELFTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT T~ M~RACK HORIZONTAL PROPERTY REGIME (the Amendment) Is made this ~U day of June 1987 by WHITEHORSE INVESTMENT CO INC as successor in interest to PLAN-TEC INC (Declarant) an Indiana corporation

RECITALS

A Declarant has previously recorded in the Office of the Recorder of Marion County Indiana a Declaration of Springmill Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated First Amendment thereto on May 171985 as Instrument Number 85-39351 a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 19S5 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 and an Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 (all collectively referred to as Declaration)

8 Under the provisions of Section 15 of the Declaration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorporated herein by this reference (the Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Definitions All of the terms not expressly defined or modified herein shall have the meanings set forth in the Declaration

Section 2 Additional Section The Additional Section is hereby added to the Regime as if the same had originally been included in the Declaration as part of the Real Estate The real estate described In the Additional section is hereby deleted from the definition of the Adjacent Real Estate and is hereby added to the definition of Real Esta te for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the time of recording of this Amendment Said Dwelling Units are identified and referred to in the Plans and in this Amendment as Dwelling Units numbered 4445 and 46

Section 4 Percentage Interests From and after the recording of this Amendment and until the Regime is further expanded the Percentage Interest of each Dwelling Unit in the Regime is hereby reallocated and shall be equal to 2631 As of the date of this Amendment the Regime consists of thirty-eight (38) Dwelling Units and appurtenant Common Areas and Limited Common Areas as shown on the Plans

Section 5 Governance by Declaration From and after the recording of this Amendment the Dwelling Units contained within the Amendment covered by this Amendmen t are subject to and shall be governed by all of the terms and provisions of the Declaration

Section 6 Floor Plans The Plans pertaining to the Additional Section are incorporated into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment In the Office of the Recorder of Marlon County Indiana as Instrument Number 87- ()o7jd9~

Section 7 Remaining Provisions The remaining provisions of the Declaration shall re main unchanged and In full fcirce and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public in and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organized and existing under the laws of the State of Indiana and acknowledged the execution of the foregoing Twelfth Amendment To Declaration of Springmill Lakes At Tamarack Horizontal Property Regi me as such officer acting for and on behalf of said corpora tlon

WITNESS my hand and Notarial Seal this cl)rili day of June 1987

(printed name) Notary Public

County of Residence

~eJD~J

This instrument was prepared by Phillip L Bayt ICE MILLER DONADIO amp RYAN One American Square Box ~2001 Indianapolis Indiana 46282

- 2 shy

------------------------shy

PHASE 12 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County Indiana being more particularly described as follows

Commencing at the Southeast corner of the said Northwest Quarter Section thence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest Quarter Section 93620 feet thence Sou th 62 degrees 45 mi nute s 00 seconds East 17963 feet to a curve having a radius of 36500 feet the radius point of which bears South 62 degrees 45 minutes 00 seconds Ea s t thence Norther ly along the said curve 57 72 feet to a point which bears North 53 degrees 41 minutes 23 seconds West from said radius point thence North 36 degrees 18 minutes 37 seconds East 35425 feet to the beginning point thence North 52 degrees 00 minutes 00 seconds West 16031 feet thence North 09 degrees 12 minutes 38 seconds West 5055 feet thence North 41 degrees 41 minutes 03 seconds East 131 50 feet thence North 66 degrees 18 minutes 37 seconds East 2600 feet to a curve having a radius of 37200 feet the radius point of which bears North 66 degrees 18 minutes 37 seconds Easti thence Southeasterly along the said curve 17977 feet to a point which bears South 38 degrees 37 minutes 16 seconds West from said radius point thence South 36 degrees 18 minutes 37 seconds West 14405 feet to the beginning point containing 0690 acre~ more or less

EXHIBIT A

1- ____

S1007490~

(1 THIRTEENTH AMENDMENT TO DECLARATIONc~o l OF SPRINGMILL LAKES AT TAMARACK HORIZONTAL PROPERTY REGIME

THIS THIRTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES AT TAjtRACK HORIZONTAL PROPERTY REGIME (the Amendmentll

) Is made this cJ day of June 1987 by WHITEHORSE INYESTMENT CO INC as successor in interest to PLAN-TEC INC (IIDeclarant ll

) an Indiana corporation

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime on January 18 1985 as Instrul11ent Number 85-4674 a First Amendment thereto on May 7 1985 as Instrument Number 85-34694 a Restated Fir~t Amendment thereto on May 17 1985 as Instrument Number 85-3935 h a Second Amendment thereto on May 17 1985 as Instrument Number 85-39353 a Third Amendment thereto on August 12 1985 as Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as

Instrument Number 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114637 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an EIghth Amendment thereto on May 8 1986 as Instrument Number 86-38560 a Ninth Amendment thereto on May 16 1986 as Instrument Number 86-41526 a Tenth Amendment thereto on August 28 1986 as Instrument Number 86-82816 an Eleventh Amendment thereto on October_13 1986 as Instrument Number 86-103939 and a Twelfth Amendment thereto on JunemiddotR 1987 as Instrument Number 81-00111 col1ectlvely referred to as Declaratlon ll

)

B Under the provisions of Section 15 of the Decllration Declarant anticipated the expansion of the Regime and pursuant to that provision Declarant has the authority to expand the Regime

C Declarant now desires to add to the Regime an additional section such additional section being more particularly described on the attached Exhibit A and incorpora ted herein by this reference (the II Additional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to include within it a portion of what had been previously described as the Adjacent Real Estate subject to and in accordance with the following terms and provisions

Section 1 Deflnltions An of the terms nofexpressly defined or modified herein shall have the meanings set forth In the Declaration

Section 2 Additional Section The Additional Section Is hereby added to the Regime as if the same had originally been included In the Declaration as part of the Real Estate The real estate described tn the Additional section is hereby deleted from the definition of the Adjacent Real Estate and Is hereby added to the definition of Real Estate for all purposes under the Declaration

Section 3 Addition of Dwelling Units The Additional Section contains three (3) Dwelling Units as shown on the Plans recorded at the tIme of recording o( this Amendment Said Dwelling Units are identified and referred to 1n the Plans and in this Amendmentas Dwelling Units numbered 37 38 and 39

Secton 4 Percentage Interests From and after the recording of this Amendment

and until the Regime Is further expanded the Percentage Interest of each Dwelllng Unit in the Regime Is hereby reallocated and shall be equal to 2439 As of the date of this Amendment the Reglme consists of forty-one (41) Dwelling Units and appurtenant

Common Areas and Limited Commcin Areas as shown on the Plans

Section 5 Governance by DeclaratioIbull From and after the recording of this Amendment the Dwell1ng Units contained within the Amendment covered by this A mendl1)ent are subject to and shall be governed by all 0( the terms and provisions of the Declaration

Section 6 Floot Plans The Plans pertaining to the Additional Section are incorporated Into this Amendment by reference and have been recorded

contemporaneously with the recording of this Amendment in the Office or the Recorder or Marlon County Indiana as Instrument Number ~7- (c H aIO bull

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and in full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed as of the day month and year first above written

WHITEHORSE INVESTMENT CO INC

STATE OF INDIANA ) ) SS

COUNTY OF MARION )

Before me a Notary Public In and for said County and State personally appeared J Michael Blakley the President of Whitehorse Investment Co Inc a corporation organIzed andmiddot e~Isting under the laws of the State of IndIana and acknowledged the execution of the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf of said corpora tlon

r-gt WITNESS my hand and Notarial Seal this ~ day of June 1987

11

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~ 01 My Gf9aJ~is~iGhjExpires County of Residence - yr c- ~gtf1 ~) 2L~3 Q

I bull middott middot ~R-(jJ r J to

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This Instrument was prepared by Phillip L Bayt ICE MILLER DONADIO 0 RYAN One American Square Box 82001 Indianapolis Indiana 46282

- 2 shy

PHASE 13 LEGAL DESCRIPTION

Part of the Northwest Quarter of Section 15 Township 17 North Range 3 East in Marion County f Indiana f being more particularly described as follows

Commencing at the Southeast corner of the saidNorthwest Quarter Section ~hence South 89 degrees 43 minutes 20 seconds West (assumed bearing) along the South line of the said Northwest Quarter Section 66145 feet to the Southwest corner of the East Half of the East Half of the said Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line of the East Half of the East Half of the said Northwest

Quarter Section 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet i thence North 37 degrees 54 minutes 04 seconds East 9477 feet to th-e beginnning point (said point being on a curve having a radius of 13800 feet the radius point of which bears North 45 degrees 05 minutes 48 seconds East) i thence Northwesterly along the said curve 10860 feet to a point which bears North 89 degrees 48 minutes 45 seconds West from said radius poInt thence NcirEh 00 degrees 11 minutes 15 seconds East 4114 feet thence Sou th 89 degrees 48 minu tes 45 seconds East 8323 feet1 thence south 61 degrees 37minutes 16 seconds East 20150 feet thence South 36 degrees 18 minutes 37 seconds West 14443 feet thence North 52 degrees 05 minutes 56 seconds West 13424 feet toa curve having a radius of 11200 feet the ~adius point of which bears North 37 deg~ees 54 minutes 04 seconds East thence Northwesterly along the said curve 1736 feet to a point which bears South 46 degrees 46 minutes 45 secondsWest from said radius point thence South 37 degrees 54 minutes 04 seconds West 2625 feet to the beginning point containing 0707 acres more or less

EXHIBIT A

1 _ J j870121325 CJ ( C80SS REFERENCE V)~]rl~nlOi~ coGIlrYXuolw11

~~ti~l) ) rf~middott Fougi~~~TN~~~~LNE~zisTA~~~k~fIPft 032 2 II G v HORIZONTAL PROPERTY IlEGIME

OCT lU 3 52 I)rl 81 DF~~(T~~i7r~gN THIS FOURTEENTH AMENDMENT TO DECLARATION OF SPRINGMILL LAKES

AT TAMARACK HORIZONTAL PROPERTY REGIME (th~Amendment) Is made thIs ~t-rj day of October 198Jt by WHITEHORSE INVESTMENT CO INC as successor In

Interest to PLAN-TEC ING (1IDecl9lantll) an Indiana corporatIon

RECITALS

A Declarant has previously recorded In the Office of the Recorder of Marion County Indiana a Dficlaratlon of Sprlngmlll Lakes At Tamarack Horizontal Proerty Regime on January 18 1985 as Instrument Number 85-4674 a First Amendment thereto on May 71 1985 8S Instrument Number 85-34694 a Restated FIrst Amendment thereto on May 17 1985 as Instrument Number 85-3935111 Second Amendment thereto on May 17 1985 8S Instrument Number 85-39353 a ThIrd Amendment thereto on August lZ 1985a3 Instrument Number 85-67641 a Fourth Amendment thereto on November 18 1985 as Instrument NumQer 85-101732 a Fifth Amendment thereto on November 18 1985 as Instrument Number 85-101734 a Sixth Amendment thereto on December 30 1985 as Instrument Number 85-114687 a Seventh Amendment thereto on April 8 1986 as Instrument Number 86-28465 an Eighth Amendment thereto on May 8 1986 as Instrument Number 86-38590 a NInth Amendment thereto on May 16 1986 as Instrument Number 86-41526 n Tenth Amendment therqto on August 281986 ns Instrument Number 86-82816 nn Eleventh Amendment thereto on October 13 1986 as Instrument Number 86-103939 a Twelfth Amendment thereto on June 30 1987 as Instrument Number 87-74893 nnd II ThIrteenth Amendment thereto on June 30 1987 llS Instrument Number 87-74904 (ill collectively r~rerred to llS Declnrlltlon)

B Under the provisions of Section 15 of the Declaration Declarant anticipated

the expansion of the Regime and pursuant to that provision Declnrant has the authority to expand tle Regime

C Declarant now deSires to add to the Regime an additional section such add tlonal section being more particularly described on the attached Exhibit A and Incorporated herein by thIs reference (the AddItional Section)

NOW THEREFORE Declarant hereby amends the Declaration to expand the Regime so as to Include within It a portIon of what had been prevIously described as the Adjacent Renl Estate subject to and In accordance with the following terms and provIsions

SectIon 1 DefinItIons All of the terms not expressly defIned or modIfied hereIn shall have the meanings set forth In the Declaration

Section 2 Additional Section The AddltionaJ Section Is hereby added to the Regime as If the same had orIgInally been Included In the Declarntlon as part of the Real Estate The real estate described in the AddItIonal section Is hereby deleted from the definItIon of the Adjacent Real Estate and Is hereby added to the definItIon of Real Estate for all purposes under the Declaration

Section 3 AddItion of DwellIng UnIts Tho Additional Section contains two (2) Dwelling Units IlS shown on the Plans recorded at the tIme or recording or thIs

Amendment Said Dwelling Units are IdentIfIed and referred to In the Plans and In thIs Amendment as Dwelling Units numbered 53 and 54

SRntlntl 4 Ptrcentuge ~nterests From nnd after the recordIng of this Ameurondm~1tl and until the Regime Is further expanded the Percentage Interest of each Dwellng Unit In the Regime Is hereby reallocated nnd shall be equal to 2326 As of the dllte or thIs Amendment the Regime consists of forty-three (43) Dwelling UnIts and appurtenant Common Arens and Llmlted Common Areas us shown on the Pluns

Section 5 Governance by DeclaratIon From and nfter the recordIng of thIs Amendment the Dwelling Units contained within the Amendment covered by this Amendment are subject to and shalibe governed bya1l of the terms and provlslons of the DeclaratIon

APPROVED OcJ 20 1967I

~SH1N~ rsNSHP ASSESSOR BY~ ~ -=_ Real Estate BepttW

bull ~-~

Section 6 Floor Plans The Plans pertolnlng to the Addl tlonal Section are Incorporptea--Into this Amendment by reference and have been reco-ded contemporaneously with the recording of this Amendment In the Orrlce of the Recorder of Marion County Indiana as Instrument Number 87~ NG0 ~v-

Section 7 Remaining Provisions The remaining provisions of the Declaration shall remain unchanged and In full force and effect

IN WITNESS WHEREOF Declarant has caused this Amendment to be executed os of the doy month and year first above written

WHITEHORSE INVESTMEST CO INC

By J Michael Blakley President

By

Po er of Attorney dated Octobpr 7 1987 and recorded as Instrument No 87-116898 In the office of the Recorder of Marlon County Indiana

STATE OF INDIANA

COUNTY OF MARroN

) )SS )

Before me a Notary Public In and for said County -and State personally appeared Earl A Blakley pursuant to a Power of Attorney on behalf of J Michael Blakley the PresIdent o Whitehorse Investment Co Inc 0 corporation organized and existing under the laws - of the State of Indiana and acknowledged the executIon o the foregoing Thirteenth Amendment To Declaration of Springmlll Lakes At Tamarack Horizontal Property Regime as such officer acting for and on behalf o said corporation

WITNESS my hand and Notarial Seal this BIl-- day of October 1987

arl bull akley pursuant to a

My Commission Expires County of Residence

COampC2 DW

-

ThIs Instrument was prepared by Phillip L Buyt ICE MILLER DONADIO 6 RYAN OIle Amedcan Square Box 82001 Indlanapolls Indluna 46282

8 170121325

- 2 shy

Purt of the Northwest Quarter of Section 15 TownshIp 17 North Range 3 Eust In Murlon County Indiana being more ~artculurly described as follows

Commencing at the Southeust corner of the snld Northwest Qunrter Section thence South 89 degrees 43 minutes 20 seconds West (Assumed Bearing) along the South line of the saId Northwest Quarter Section 66145 feet to the Southwest Corner or the East Half of the East HaIr ot the suld Northwest Quarter Section thence North 00 degrees 11 minutes 15 seconds East along the West line oC the Eust HuH of the East Half of the said Northwest Quarter S~ctlon 95687 feet thence South 89 degrees 48 minutes 45 seconds East 3743 feet thence North 37 degrees 54 minutes 04 seconds Eust 9477 feet to a curve havIng a rndlus of 13800 reet the rndlus point or which bears North 45 degrees 05 minutes 48 seconds East thence Northwesterly along the said curve 10860 feet to a poInt which bears North 89 degrees 48 minutes 45 seconds West from saId radius poIntl thence North 00 degrees 11 mInutes 15 seconds East parallel wIth the said West line 4114 feet to the BegInnIng PoInt thence continue North 00 degrees 11 minutes 15 seconds East parallel

with the said West line 2380 feet to a curve having a radius oC14800 feet the radIus poInt oC whIch beurs South 89 degrees 48 mInutes 45 seconds Eustj thence Northerly along the said curve an nrc distance ot 5812 feet to l poInt which bears North 67 degrees 18 minutes 45 seconds West Cram snld radIus poInt thence North 22 degrees 41 mInutes 15 seconds East 7790i thence South 69 degrees 30 mInutes 33 seconds East 17524 feet thence South 25 degrees 26 minutes 45 seconds West 13870 (cet thence North 61 degrees 37 mInutes 16 seconds West 7150 feet thence North 89 degrees 48 mInutes 45 seconds West 8323 feet ~o the Beginning PoInt containing 0541 acres more or less

87U1ZJ3z5

EXHIBIT A

  • Amendment 1
    • Amendment 1apdf
    • Amendment 1
      • Amendment 2
        • Amendment 2apdf
        • Amendment 2
          • Amendment 3
          • Amendment 4
          • Amendment 5
          • Amendment 5a
          • Amendment 6
          • Amendment 7
          • Amendment 8
          • Amendment 9
          • Amendment 10
          • Amendment 11
          • Amendment 12
          • Amendment 13
          • Amendment 14
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