BACK TO CONDOMINIUM DECLARATION
This Second Amendment (the "Second Amendment") to the Condominium Declaration and Plan of Vacation Ownership for Grand Timber Lodge, as amended (the "Declaration") is made and executed this 13th day of July , 2000, by Gold Point Lodging and Realty, Inc., a Colorado corporation d/b/a Grand Timber Development Company (hereinafter "Declarant").
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"). Capitalized 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. 593268 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. A First Amendment (the "First Amendment") to the Declaration dated June 15, 1999, recorded August 2, 1999 at Reception No. 601793 in the Records and a First Supplement to the Map recorded August 2, 1999 at Reception No. 601792 in the Records added a portion of the Tract Al Expansion Property to the Project.
D. Pursuant to the rights reserved to Deciarant in Article 16 of the Declaration, Declarant
desires to subject additional real estate, as 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.
E. Declarant has contemporaneously with the recording of this Second Amendment filed a Second 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 411,412,413,414,
415, 416, 421, 422, 423, 424, 425, 426, 431, 432, 433, 434 as shown on the Second Supplement to the Map.
Cheui Brunvand -Summit County Recorder 11912000 10:44 DF:
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 Second Amendment.
4. Exhibit E to Declaration. Exhibit E to the Declaration is hereby amended by the submittal of Units 411,412,413,414,415,416, 421, 422, 423, 424, 425, 426, 431, 432, 433, 434 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 Second Amendment.
5. General. In the event of any conflict or inconsistency between the provisions of the Declaration and this Second Amendment, the provisions pf this Second Amendment shall control. All capitalized terms used in this Second 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 Second Amendment and the Second 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 dlb/a GRAND TIMBER DEVELOPMENT COMPANY
Attest: Title: Secretary
By: Title: President
STATE OF COLORADO )
COUNTY OF SUMMIT ) ) ss.
Subscribed to and sworn to before me this 13th day of July 2000, by Michael C. Millisor as President and Robert A. Millisor as Secretary of Gold Point Lodging and Realty, Inc., a Colorado corporation dlb/a Grand Timber Development Company.
[SEAL] Witness my hand and official___seal
NOTARY PUBLIC
PATRICIA ANN FROESE
NOTARY PUBLIC
STATE OF COLORADO
My Commision Expires 8/02/2003 2
CO_DOCS_A47345v2
MORTGAGEE'S CONSENT
The undersigned hereby consents to the execution and recording of the foregoing Second 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 Second Amendment and the effect hereof.
Dated this 14 day of 2000.
LITCHFIELD FINANCIAL CORPORATION
By:
COMMONWEALTH OF MASSACHUSETTS)
COUNTY OF BERKSHIRE) ss.
Subscribed to and sworn to before me this 14th day July 2000, by Tracy
Gaylord as Asst. Vice Presedent of Litchfield Financial Corporation .
Witness my hand and official seal.
NOTARY
Patrica A. DENAULT Notary Public
My Commission Expires February 18, 2009
co_docs_A47345v2
1. Remainder of Tract Al as shown on Map recorded contemporaneously herewith.
2. Tract A2, Westridge Subdivision according to the plat thereof filed June 27, 1997 at Reception No. 541537, County of Summit, State of Colorado.
|
No. of Bedrooms |
Percentage share of Common Elements |
Vote in the affairs of Association |
Vacation Estates Undivide Interest in Vacation Unit |
|
2 |
2.27% |
52 |
1/52 |
|
112 |
2 |
2.27% |
52 |
1/52 |
|
121 |
2 |
2.27% |
52 |
1/52 |
|
122 |
2 |
2.27% |
52 |
1/52 |
|
123 |
2 |
2.27% |
52 |
1/52 |
|
124 |
2 |
2.27% |
52 |
1/52 |
|
131 |
3 |
3.41% |
52 |
1/52 |
|
132 |
2 |
2.27% |
52 |
1/52 |
|
133 |
3 |
3.41% |
52 |
1/52 |
|
134 |
2 |
2.27% |
52 |
1/52 |
|
211 |
2 |
2.27% |
52 |
1/52 |
|
212 |
2 |
2.27% |
52 |
1/52 |
|
213 |
3 |
3.41% |
52 |
1/52 |
|
214 |
2 |
2.27% |
52 |
1/52 |
|
215 |
2 |
2.27% |
52 |
1/52 |
|
216 |
2 |
2.27% |
52 |
1/52 |
|
221 |
2 |
2.27% |
52 |
1/52 |
|
222 |
2 |
2.27% |
52 |
1/52 |
|
223 |
3 |
3.41% |
52 |
1/52 |
|
224 |
2 |
2.27% |
52 |
1/52 |
|
225 |
2 |
2.27% |
52 |
1/52 |
|
226 |
2 |
2.27% |
52 |
1/52 |
|
231 |
2 |
2.27% |
52 |
1/52 |
|
232 |
2 |
2.27% |
52 |
1/52 |
|
411 |
2 |
2.27% |
52 |
1/52 |
|
412 |
2 |
2.27% |
52 |
1/52 |
|
413 |
2 |
2.27% |
52 |
1/52 |
|
414 |
3 |
3.41% |
52 |
1/52 |
|
415 |
3 |
3.41% |
52 |
1/52 |
|
416 |
2 |
2.27% |
52 |
1/52 |
|
421 |
2 |
2.27% |
52 |
1/52 |
|
422 |
2 |
2.27% |
52 |
1/52 |
|
423 |
2 |
2.27% |
52 |
1/52 |
|
424 |
3 |
3.41% |
52 |
1/52 |
|
425 |
3 |
3.41% |
52 |
1/52 |
|
426 |
2 |
2.27% |
52 |
1/52 |
|
431 |
2 |
2.27% |
52 |
1/52 |
|
432 |
2 |
2.27% |
52 |
1/52 |
|
433 |
2 |
2.27% |
52 |
1/52 |
|
434 |
2 |
2.27% |
52 |
1/52 |
|
|
|
100 percent |
|
|
co_docs_A47345v2 Exhibit B- 1
UNITS SUBMITTED TO PLAN OF VACATION OWNERSHIP Units Submitted:
Units l2l, 122, 123, 124, l3l, I32, l33, l34, 211, 212, 214, 215, 216, 213, 221, 222, 223, 224, 225, 226, 231, 232, 411, 412, 413, 414, 415, 416, 421, 422, 423, 424, 425, 426, 431, 432, 433, and 434
3 Bedroom Units:
Vacation Estates in Units 131, 133, 213, 223, 414, 415, 424 and 425 are comparable
2 Bedroom Units:
Vacation Estates in Units 121, 122, 123, 124, 132, 134 211, 212, 214, 215, 216, 221, 222, 224, 225, 226, 23l and 232, 411, 412, 413, 416, 421, 422, 423, 426, 431, 432, 433, and 434 are comparable
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 311, 312,
313, 314, 315, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334 and 335 as shown on the Third 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 Third Amendment.
4. Exhibit E to Declaration. Exhibit E to the Declaration is hereby amended by the submittal of Units 311, 312, 313, 314, 315, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334 and 335 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 Third Amendment.
5. General. In the event of any conflict or inconsistency between the provisions of the Declaration and this Third Amendment, the provisions of this Third Amendment shall control. All capitalized terms used in this Third 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 Third Amendment and the Third 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
Attest:
By:___________________ By: __________________________________
Title: Secretary Title: President
STATE OF COLORADO
COUNTY OF SUMMIT
Subscribed to and sworn to before me this day of , 2000, by Michael C.
Millisor as President and Robert A. Millisor as Secretary of Gold Point Lodging and Realty, Inc., a Colorado corporation d/b/a Grand Timber Development Company.
Witness my hand and official seal.
[SEAL]
Originals recorded with the Summit County Clerk & Recorders Office. Hard copies are also
available upon request with Grand Timber Lodge.
CO_DOCS_A6O512v1 6/13/00 2 :42 PM