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RECEIVED 12/15/2008 at 11: 19 AM
RECEIVING # 944155
BOOK: 7411 PAGE: 89
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
1ST AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOWARD'S COVE TOWNHOMES
(:'Oô089
THIS 1ST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR HOWARD'S COVE TOWNHOMES is made by the
undersigned Declarant for the purpose of modifying provisions in the original Declaration that
was filed in the land records of Lincoln County, Wyoming on July 8, 2008 in Book 699
beginning at Page 376 as Receiving No. 940370. The Declaration defines the rights and
obligations of ownership for HOWARD'S COVE TOWNHOMES located in Thayne, Lincoln
County, Wyoming.
RECITALS:
a. The Declarant continues to own all of the real property located in Thayne, Lincoln
County, Wyoming, that is shown on the plat of Howard's Cove Townhomes that was filed with
the Clerk of Lincoln County, Wyoming on July 7, 2008 as Receiving No. 940320 (hereafter,
"Subdivision").
b. The Declarant wishes to modify certain of the provisions within said Declaration
regarding the Subdivision.
NOW, THEREFORE, the Declarant does hereby publish and declare that the following
amendments to the covenants, conditions, and restrictions in the Declaration, which amendments
shall be deemed to run with the land within the Subdivision and shall be burdens and benefits to
the Declarant, and its successors and assigns.
1. AMENDMENT REGARDING ANIMALS WITHIN THE SUBDIVISION.
Subparagraph "e. ANIMALS." in Paragraph "12. ADDITIONAL RESTRICTIONS." is
hereby amended to read as follows:
e. ANIMALS. No owners shall permit animals of any kind to be raised,
bred or kept in their town home unit other than as permitted by this paragraph. An owner
may keep up to two (2) dogs and two (2) cats with the permission of the Management
Committee, such Management Committee permission not to be unreasonably withheld.
An owner may keep other small pets inside their town home unit, subject, however, to the
limitations set forth herein and to rules and regulations adopted by the Management
Committee from time to time. Any animal that is permitted to be kept in the Subdivision
shall be restrained and controlled at all times so that no animal causes a nuisance to other
town home unit owners or harasses or endangers wildlife. Occupants of a town home
1ST AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOWARD'S COVE TOWNHOMES
PAGE 10F4
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unit and the owners thereof shall be responsible for the immediate removal and sanitary
disposal of waste left by their pets and by guests' pets within the Subdivision.
2. AMENDMENT REGARDING DECLARANT'S INITIAL CONTROL.
Subparagraphs "b. INTERIM COMMITTEE." and "k. INITIAL CONTROL PERIOD." of
Paragraph "15. MANAGEMENT COMMITTEE." are hereby amended to read as follows:
b. INTERIM COMMITTEE. Appointees of the Declarant need not be
owners of town home units. As noted in (k) below, until a date that is three (3) years
from the date of recordation of this Declaration, or until twelve (12) units (which is two-
thirds (2/3) of the units) are owned by owners other than Declarant; which ever later
occurs, the Declarant shall have the option to appoint and remove all the members of the
Management Committee.
k. INITIAL CONTROL PERIOD. Until a date that is three (3) years from
the date of recordation of this Declaration, or until twelve (12) units (which is two-thirds
(2/3) of the units) are owned by owners other than Declarant; which ever later occurs, the
Declarant shall have the option to appoint and remove all members of the Management
Committee, to appoint and remove all officers of the Association, and to exercise the
powers and responsibilities otherwise assigned by the Declaration to the Association,
Declarant shall have the option at any time, by an express written statement, to turn over
to the Association the total responsibility for electing and removing members of the
Management Committee and the Association's officers.
IN WITNESS WHEREOF, this 1st Amendment to Declaration of Covenants,
Conditions and Restrictions for Howard's Cove Townhomes has been executed by the Declarant
effective as of the date of recordation hereof.
DECLARANT:
PRESTON LANDS, LLC,
a Wyoming Limited Liability Company
B~~~
MARSHA PRES 0 e -
MANAGING MEMBER
ATT~J, tL1f
ALD L. Me
SECRETARY
1ST AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOWARD'S COVE TOWNHOMES
PAGE 2 OF 4
e:.Oû091.
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by Marsha Preston McKim, Managing Member of
Preston Lands, LLC, a Wyoming Limited Liability Company, Declarant, acting for and on behalf
of said Company pursuant to authority provided to her as Managing Member, on this, the /D-tj
day of December, 2008.
WITNESS my hand and official seal.
M, KEVIN VOYLES - NOTARY PUBLIC
COUNTY OF . . STATE OF
LINCOLN WYOMING
. ¥V COMMISSION EXPIRES JULY 16, 2011
My Commission expires: 67 JIf", /I,
. ,
CONCURRENCE:
NORTH BEDFORD DEVELOPMENT COMPANY, LLC, a Wyoming Limited
Liability Company, which holds an unrecorded assignment of interest in the Subdivision
property in order to facilitate construction of the Subdivision, concurs with the recording of this
Declaration.
NORTH BEDFORD DEVELOPMENT COMPANY, LLC,
a Wyoming Limited Liability Company
PRESTON LANDS, LLC
a Wyoming Limited Liability Company
MARSHA PRESTON McKIM
MANAGING MEMBER
MEMBER & MANAGER
ATI~_J r!Jfy
RON L. Me
SECRETARY
1ST AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOWARD'S COVE TOWNHOMES
PAGE 3 OF 4
";·0"'0'9#"'1\
~I V ;t;;,
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by Marsha Preston McKim, Managing Member of
Preston Lands, LLC, a Wyoming Limited Liability Company, acting for said Company as
Member and Manager of North Bedford Development Company, LLC, a Wyoming Limited
Liability Company, pursuant to authority provided to her as Member and Manager, and by Barry
Fullmer, as a Member of said Company, on this, the Æ!1. day of December, 2008.
WITNESS my hand and official seal.
M. KEVIN VOYLES - NOTARY PUBLIC
COUNTY OF :' STATE OF
LINCOLN', WYOMING
MY COMMISSION EXPIRES JULY 16, 2011
My Commission expires:
07/" It,
, I
1ST AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
HOWARD'S COVE TOWNHOMES
PAGE 4 OF 4