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Amendment 4 FOURTH AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS, EXCEPTIONS,
RESERVATIONS AND CONDITIONS FOR BEECH MOUNTAIN LAKES THIS FOURTH AMENDMENT TO THE DECLARATION OF PROTECTIVE
COVENANTS, EXCEPTIONS RESERVATIONS AND CONDITIONS FOR BEECH MOUNTAIN LAKES
("Fourth Amendment to the Declaration") made as of this 30th day of
October, 1987, by BEECH MOUNTAIN LAKES CORPORATION, a Pennsylvania
corporation, for itself and its Successors and assigns ("Declarant"). WHEREAS, Declarant is the owner of the real
property now known as "Beech Mountain Lakes" (formerly known as
"Lake of the Four Seasons"), a subdivision situated in the Townships
of Butler, Foster and Dennison in Luzerne County, Pennsylvania, which real
property is hereinafter referred to as the "Development", and; WHEREAS, the Declarant has heretofore filed
the Declaration of Protective Covenants, Exceptions, Reservations and
Conditions for Beech Mountain Lakes ("Declaration"), which
Declaration was recorded on May 1, 1985, in Book 2158, Pages 1028-1103 in the
Office for Recording of Deeds, Luzerne County, Pennsylvania; and amendments
thereto on May 17, 1985, in Book 2159, Pages 502-504 in the Office for
Recording of Deeds, Luzerne County, Pennsylvania; on October 23, 1985, in Book
2174, Pages 428-434 in the Office for Recording of Deeds, Luzerne County,
Pennsylvania; and on December 30, 1985, in Book 2180, Pages 622-633 in the
Office for Recording of Deeds, Luzerne County, Pennsylvania. WHEREAS, Section 21.4 of the Declaration
provides that the Declarant, may amend the Declaration, for whatever reason, at
any time prior to December 31, 1985; NOW THEREFORE the Declaration is amended only as
set forth in this Fourth Amendment to the Declaration. Those Sections or
subparagraphs thereof contained herein shall supplant and replace the Sections
or subparagraphs thereof that bear the same Section or subparagraph number. All
other terms of the Declaration not changed by this Fourth Amendment to the
Declaration shall be effective as of, and relate back to, the date of
recordation of the Declaration in the Office for Recording of Deeds, Luzerne
County, Pennsylvania, as amended. Section 21 21.4 Amendment
by Declarant. Declarant reserves the right to amend this Declaration,
without the approval of any other Owners or the Association or Mortgagees of
Record, for whatever reason, at any time prior to December 31, 1989. Anything
herein to the contrary notwithstanding, Declarant reserves the right and power
to record an amendment to this Declaration at any time from time to time which
amends this Declaration (i) to comply with requirements of the Federal National
Mortgage Association, the Government National Mortgage Association, the Federal
Home Loan Mortgage Corporation, the Department of Housing and Urban
Development, the Federal Housing Administration, the Veteran's Administration,
or any other governmental agency or any other public, quasi-public or private
entity which performs (or may in the future perform) functions similar to those
currently performed by such entities, (ii) to induce any of such agencies or
entities to make, purchase, sell, insure, guarantee or otherwise deal with
first mortgages covering Units, (iii) to correct clerical or typographical
errors in the Declaration or any exhibit thereto, (iv) to bring the Declarant
into compliance with applicable laws, ordinances or government regulations, (v)
to amend the Declaration so as to date certain as to Declarant's termination of
control of the Association as provided in Section 11.3, or (vi) to restate or compile
all previous amendments into a single document. As provided in Sections 4.1 and 126.1, as long as it
is deemed the Owner of any Common Area, Community Common Area or Sports
Facility, Declarant reserves the right to add to any existing Common Area, Community
Common Area or Sports Facility or construct additional Common Areas, Community
Common Areas or Sports Facilities. Further, Declarant may change the arrangement of any
Common Area or Community Common Area provided that the necessary consent of the
Owners has been obtained consistent with Section 4.1. Declarant has the right to unilaterally effectuate any
such amendments to this Declaration as may be necessary or required in
Declarant’s sole discretion, to effectuate such actions, provided that such
amendment shall not increase the proportion of Common Expenses borne by Owners,
decrease an Owner's voting rights or decrease the size of an Owner's Interest. In addition, pursuant to Section 7.4, prior to the
Turnover Date, the Declarant reserves the right and power to record an
amendment to this Declaration to establish additional categories of properties
and ratios for the allocation of the Association Assessment for such additional
categories. In furtherance of the foregoing, a power coupled with
an interest is hereby reserved and granted to the Declarant to make or consent
to such amendments on behalf of each Owner. Each deed, Membership certificate,
mortgage, trust deed, other evidence of obligation, or other instrument
affecting a Unit and the acceptance thereof shall be deemed to be a grant and
acknowledgment of, and a consent to the reservation of, the power to the
Declarant to make, execute and record such amendments. The right and power to
make such amendments hereunder shall terminate at such time as the Declarant is
no longer vested with or controls title to any Interest in the Development. Any such amendments to this Declaration shall become
effective upon the recording in the Office for Recording of Deeds, Luzerne
County, Pennsylvania, of an instrument executed by Declarant, setting forth the
text of such amendment in full, together with the appropriate recording data
for this Declaration. Such amendment need only be executed and acknowledged by
Declarant, and need not be consented to by any Owners, Community Association,
the Association, any Mortgagees of Record, lienholders or any other parties. Notwithstanding the above, a Community Declaration
shall be amended only as provided in each respective Community Declaration. | |||||||||
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