111111111111 1 111111 1 111111 11 1 1 111111111111 11 111111 WHEREAS, this is an amendment to the "Covenants of Treeloft Villas, Seabrook Island" for the Treeloft Villas dated August 14, 1978, and recorded August 24, 1978, in Book U116, Page 91, and which was amended by instrument entitled "Amended and Restated August 2007 Covenants of Treeloft Villas Seabrook Island"recorded March 2, 2012, in book 0 2 3 6Page 736 ("Covenants"); and WHEREAS, the Covenants of Treeloft Villas, Seabrook Island authorize the amendment of the same upon the affirmative vote of three-fourth (3/4) of the owners at a duly called meeting of the Association; and WHEREAS, at a duly called meeting of the owners of Treeloft Villas held on August 25, 2012, the within amendment of the Covenants, and any prior amendment thereto, was put to a vote of the owners; and WHEREAS, the within amendment was approved by the requisite number of owners as required by the Covenants, and as certified by the President and Secretary of the Association as set forth in Exhibit A, attached hereto and incorporated herein by reference, and the results of the vote have been duly certified by the Association; and NOW, THEREFORE, the Covenants, and any prior amendment thereto, are hereby amended as follows: The following amendment to the governing documents shall be added to Section 4 of the Covenants: A five (5%) percent penalty shall be added to all delinquent assessment balances over thirty (30) days. Furthermore, an additional interest charge of 1-1/2% per month shall be levied on any outstanding balances of sixty (60) days or more. In addition, 120 days after the billing date, a Notice of Lien against the property will be filed with the Charleston County RMC Office, with the cost of processing such a lien to be borne by the Owner. The Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien related herein against the property in the same manner as prescribed by the laws of the State of South Carolina for the foreclosures of Mortgage, and interest, costs and reasonable attorney's fees for representation of the Association in such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his villa, nor shall damage to or destruction of any improvements on any Lot by fire or other casualty result in any abatement or diminution of the assessments provided for herein. The remedies herein provided shall not be exclusive, and the STATE OF SOUTH CAROLINA ) SECOND AMENDMENT TO COVENANTS OF TREELOFT VILLAS, COUNTY OF CHARLESTON ) SEABROOK ISLAND * T 6d : S TL 6d LICO )1 9 D M 1
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WHEREAS, this is an amendment to the "Covenants of Treeloft Villas, Seabrook Island" for the Treeloft Villas dated August 14, 1978, and recorded August 24, 1978, in Book U116, Page 91, and which was amended by instrument entitled "Amended and Restated August 2007 Covenants of Treeloft Villas Seabrook Island"recorded March 2, 2012, in book 0 2 3 6Page 736 ("Covenants"); and
WHEREAS, the Covenants of Treeloft Villas, Seabrook Island authorize the amendment of the same upon the affirmative vote of three-fourth (3/4) of the owners at a duly called meeting of the Association; and
WHEREAS, at a duly called meeting of the owners of Treeloft Villas held on August 25, 2012, the within amendment of the Covenants, and any prior amendment thereto, was put to a vote of the owners; and
WHEREAS, the within amendment was approved by the requisite number of owners as required by the Covenants, and as certified by the President and Secretary of the Association as set forth in Exhibit A, attached hereto and incorporated herein by reference, and the results of the vote have been duly certified by the Association; and
NOW, THEREFORE, the Covenants, and any prior amendment thereto, are hereby amended as follows:
The following amendment to the governing documents shall be added to Section 4 of the Covenants:
A five (5%) percent penalty shall be added to all delinquent assessment balances over thirty (30) days. Furthermore, an additional interest charge of 1-1/2% per month shall be levied on any outstanding balances of sixty (60) days or more. In addition, 120 days after the billing date, a Notice of Lien against the property will be filed with the Charleston County RMC Office, with the cost of processing such a lien to be borne by the Owner. The Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien related herein against the property in the same manner as prescribed by the laws of the State of South Carolina for the foreclosures of Mortgage, and interest, costs and reasonable attorney's fees for representation of the Association in such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessment provided for herein by non-use of the Common Area or abandonment of his villa, nor shall damage to or destruction of any improvements on any Lot by fire or other casualty result in any abatement or diminution of the assessments provided for herein. The remedies herein provided shall not be exclusive, and the
STATE OF SOUTH CAROLINA )
SECOND AMENDMENT TO COVENANTS OF TREELOFT VILLAS,
COUNTY OF CHARLESTON )
SEABROOK ISLAND
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Association may enforce any other remedies to collect delinquent assessments as may be provided by law.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this jt Lday of Nove,m-kPi , 2012.
IN THE PRESENCE OF: TREELOFT VILLAS:
Witness
Vice President
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Witness
Member at Large
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IN THE PRESENCE OF: TREELOFT VILLAS:
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STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON ACKNOWLEDGMENT
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PERSONALLY APPEARED BEFORE ME the undersigned witness and made oath that he/she saw the within named Treeloft Villas, by JoAnne Fagan, its President, sign, seal and as her act and deed, deliver the within Amendment to Covenants of Treeloft Villas, Seabrook, as amended; and that he/she with the other witness above subscribed, did witness the due execution thereof.
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PERSONALLY APPEARED BEFORE ME the undersigned witness and made oath that he/she saw the within named Treeloft Villas, by Robin Girardi, its Treasurer sign, seal and as her act and deed, deliver the within Amendment to Covenants of Treeloft Villas, Seabrook, as amended; and that he/she with the other witness above subscribed, did witness the due execution thereof.
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STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON ACKNOWLEDGMENT
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PERSONALLY APPEARED BEFORE ME the undersigned witness and made oath that he/she saw the within named Treeloft Villas, by Rich Allen, its Secretary, sign, seal and as his act and deed, deliver the within Amendment to Covenants of Treeloft Villas, Seabrook, as amended; and that he/she with the other witness above subscribed, did witness the due execution thereof.
Signature of Witness
SWORN and subscri me this rq day of
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LAURIE NEWMAN Notary Public, State of New York
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STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON ACKNOWLEDGMENT
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PERSONALLY APPEARED BEFORE ME the undersigned witness and made oath that he/she saw the within named Treeloft Villas, by Bert Weintraub, Member at Large, sign, seal and as his act and deed, deliver the within Amendment to Covenants of Treeloft Villas, Seabrook, as amended; and that he/she with the other witness above subscribed, did witness the due execution thereof.
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EXHIBIT "A"
CERTIFICATION OF THE PRESIDENT AND SECRETARY OF TREELOFT VILLAS OWNERS ASSOCIATION
Personally appeared before me JoAnne Fagan, the President of Treeloft Villas Owners
Association, and Rich Allen, Secretary of the Treeloft Villas Owners Association, who, both being
duly sworn, alleges and states as follows:
1. We are the duly elected President and Secretary of Treeloft Villas Owners Association.
2. We are each over twenty one (21) years of age and make this Affidavit on personal
knowledge.
3. On August 25, 2012, there occurred a regularly scheduled meeting of the members of the
Treeloft Villas Owners Association.
4. At that meeting, and/or prior to the meeting by written consent of the members, seventy-five
per cent (75%) or more of the members of the Treeloft Villas Owners Association voted to
amend the Covenants for Treeloft Villas to add the provision cited in the Second Amendment
to which this Exhibit "A" is attached.
5. Pursuant to the By-Laws for Treeloft Villas, or as otherwise required, we have certified and
are hereby certifying the vote of the membership of Treeloft Villas Owners Association, and
we each certify the vote to have been as stated herein.