FIRST AMENDMENT TO CONDOMINIUM DECLARATION

AND PLAY OF VACATION OWNERSHIP FOR

GRAND TIMBER LODGE

This First Amendment (the "First Amendment") to the Condominium Declaration and Plan of Vacation Ownership for Grand Timber Lodge (the "Declaration") is made and executed this day of_____ , 1999, by Gold Point Lodging and Realty, Inc., a Colorado corporation d/b/a Grand Timber Development Company (hereinafter "Declarant").

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RECITALS

A. The Declaration dated April 21, 1999 was recorded April 21, 1999 at Reception No.593269 in the Summit County, Colorado public records (the "Records"). Capitialized terms used herein without further definition have the meanings given to them in the Declaration.

B. The Condominium Plat and Map of Grand Timber Lodge (the "Map') was recorded April 21. 1999 at Reception No. 593263 in the Records. The Map includes a parcel of Real Estate labeled "Remainder of Tract Al Expansion Property" which is subject to Expansion and Development Rights.

C. Pursuant to the rights reserved to Declarent in Article 16 ofthe Declaration, Declarant
desires to subject the real estate described on Exhibit A (the "Expansion Property") to the
Declaration, to create additional Condominium Units and Common Elements on the Expansion
Property, to reallocate the Allocated Interests on Exhibit B to the Declaration and to amend Exhibit
E to the Declaration to submit additional Units to The Plan of Vacation Ownership.

D. Declarant has contemporaneously with the recording of this First Amendment flied a First Supplement to the Map showing the location of the Improvements constructed on the Expansion Property.

NOW, THEREFORE, Declarant hereby declares and publishes as follows:

1. Real Estate. The Expansion Property and the Additional Improvements constructed thereon are hereby subjected to the Declaration.

2. Exercise of Development Rights Declarant hereby creates Units 211, 212, 214,215,

216.213,221, 222, 223, 224, 225, 226, 23land 232 as shown on the First Supplement to the Map.

3. Allocated Interests. The Allocated Interests appurtenant to each Unit in the Condominium Project set forth on Exhibit B to the Declaration are hereby reallocated, based upon the formula in Section 4.2 of the Declaration. Exhibit B to the Declaration is hereby amended and replaced in its entirety as set forth on Exhibit B to this First Amendment.

4. Exhibit E to Declaration. Exhibit E to the Declaration is hereby amended by the submittal of Units 2l1, 212, 214, 215, 216, 213, 221, 222, 224, 225, 226, 231 and 232 to The Plan of Vacation Ownership pursuant to Section 22.1 of the Declaration. Exhibit E to the Declaration is hereby amended and replaced in its entirety as set forth on Exhibit C to this First Amendment.

5. General. In the event of any conflict or inconsistency between the provisions off the Declaration and this First Amendment. the provisions of this First Amendment shall control. All capitalized terms used in this First Amendment, but not defined herein, are defined in the Declaration. A reference to the Declaration or the Map in any document or instrument shall be deemed to include this First Amendment and the First Supplement to the Map without any further or specific reference thereto.

 

Executed as of the date first written above.


DECLARANT:GOLD POINT LODGING AND REALTY, INC., a Colorado corporation d/b/a GRAND TIMBER DEVELOPMENT COMPANY

Title: Secretary Title: President

STATE OF COLORADO

) ss.
COUNTY OF SUMMIT )

Subscribed to and sworn to before me this fifteen day of JUNE l999, by Michael C. President and Robert A. Millisor as Secretary of Gold Point Lodging and Realty, Inc.,

d/b/a Grand Timber Development Company

ss my hand and official seal.

NOTARY

PUBLIC

MORTGAGEE'S CONSENT

The undersigned hereby consents to the execution and recording of the foregoing First Amendment and hereby subordinates the lien of its Deed of Trust. recorded October 10. 1997 under Reception No. 549600 in the records of Summit, County, Colorado, to this First Amendment and the effect hereof.

Dated this 14th day of JUNE 1999.

LITCHFIELD FINANCIAL CORPORATION

By:________________

Title:________________

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF BERKSHIRE ss.

Subscribed to and sworn to before me this 14th day of JUNE , 1999, as _____Litchileld Financial Corporation.

Witness my hand and official seal.

NOTARY PUBLIC

My Commission Expires: TRACY A. DIFFLEY

My Commission Expires Febnary 18, 2005

EXIHIBIT B

TO

FIRST AMENDMENT TO DECLARATION

TABLE OF ALLOCATED INTERESTS

Unit No.

No. of Bedrooms

Percentage share of Common Elements

Percentage share of Common Elements

Vote in the Affairs of Association

Vacation Estates Undivided Interest in Vacation Unit

111

2

3.85

3.85

52

1/52

112

2

3.85

3.85

52

1/52

121

2

3.85

3.85

52

1/52

122

2

3.85

3.85

52

1/52

123

2

3.85

3.85

52

1/52

124

2

3.85

3.85

52

1/52

131

3

5.77

5.77

52

1/52

132

2

3.85

3.85

52

1/52

133

3

5.77

5.77

52

1/52

134

2

3.85

3.85

52

1/52

211

2

3.85

3.85

52

1/52

212

2

3.85

3.85

52

1/52

213

3

5.77

5.77

52

1/52

214

2

3.85

3.85

52

1/52

215

2

3.85

3.85

52

1/52

216

2

3.85

3.85

52

1/52

221

2

3.85

3.85

52

1/52

222

2

3.85

3.85

52

1/52

223

3

5.77

5.77

52

1/52

224

2

3.85

3.85

52

1/52

225

2

3.85

3.85

52

1/52

226

2

3.85

3.85

52

1/52

231

2

3.85

3.85

52

1/52

232

2

3.85

3.85

52

1/52

 

 

100 percent

100 percent

 

 


Originals recorded with the Summit County Clerk & Recorders Office.

Cheri Brunvand file CO_DOCS_A 37872 v 2 dated 5/25/99 with 5 pages. Hard copies are also
available upon request with Grand Timber Lodge.


CO_DOCS_A 37872 v 2 Exhibit B- 2 5/25/99 9:12AM

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