FOURTH AMENDMENT TO THE HAWTHORNE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND DISCLOSURES WITNESSETH:

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1 SedgwicK County Rigiit&r of Diid. - Bill Mnk DOC.#/FLM-PG: Riciipt **: PB988 Ricordid: 7 Caihiir Initial,: SW Authorized By "" ~ DEite Recorded: 3/ :'\2:21 PM Ricording F..: FOURTH AMENDMENT TO THE HAWTHORNE MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND DISCLOSURES THIS FOURTH AMENDMENT TO THE HAWTHORNE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND DISCLOSURES ("Fourth Amendment") is made and granted as of the.5 day of j J7l' '/Jt,/~,.,20 J.)~; by Twenty- First Growth, LLC ("Developer") and Hawthorne Master Hömeowner()\ssociation WITNESSETH: WHEREAS, that certain Hawthorne Master Declaration of Covenants, Conditions, Restrictions, Easements and Disclosures recorded on Film 2708, commencing at Page 1746, as modified by that certain Annexation of Additional Land to the Hawthorne Master Declaration of , as amended by that certain Amendment to the Hawthorne Master Declaration of , as amended by that certain Second Amendment to the Hawthorne Master Declaration of , as amended by that certain Third Amendment to the Hawthorne Master Declaration of the Sedgwick County Register of Deeds (collectively referred ;)ÎliJ5J)all recorded in the Offce of to as the "Declaration") covers the real property described in Exhibit A, attached hereto (the "Property"); and WHEREAS, Section of Article XL authorizes amendments of the Declaration by a vote of the Owners casting not less than two-thirds (2/3) of the aggregate number of votes represented at a duly-convened meeting and the Consent of the Developer: NOW, THEREFORE, said Declaration is amended as follows: 1. The following is hereby added to Section 5.3.C. xii: "In addition to the foregoing, in the Williamsgate Community Area, every Owner shall plant two (2) trees of one (l) of the following species: Legacy Sugar Maple, 1

2 Chinese Pistache, Shumardi Oak, or Shademaster Locust Trees must be a minimum of three inches (3 ") in diameter at a point two feet (2') above ground level, and must be planted along the street of such Lot as will be indicated on the approved Mid Kansas Engineering Consultants, Inc. ("MKEC") site plan for each Lot" 2. DefinitiQ!is Except as otherwise defined in this Fourth Amendment, terms defined in the Declaration and used herein shall have the meaning assigned to them in the Declaration 3. Full Force and Effect Except as modified herein, the terms and conditions in the Declaration remain in full force and effect 4. Amending: Effect. The Declaration is hereby amended and modified to conform to the provisions of this Fourth Amendment If any of the terms or provisions of the Declaration conflict with the provisions of this Fourth Amendment, the provisions of this Fourth Amendment shall control. (signature pages follow J 2

3 IN WITNESS WHEREOF, Developer and the President of the Board of Directors of the Ha\\1home Master Homeowners' Association have executed this Fourth Amendment the day and year first above written. Hawthorne Master Homeowners' Association STATE OF KANSAS ) By '~L(ß ;~ ;)'Ú:,;i'."-= Name: Carol Liebst Title: President ) ss: SEDGWICK COUNTY ) '. /?-# BE IT REMEMB ERED that on this ~;:5 day of--.~l.1. -A' Æ~:J.= 20-Hefore me the undersigned, a Notary Public in and for the County andvstate aforesiíia: came Carol Liebst, as President of the Hawthorne Master Homeowners' Association, who is personally known to me to be writing, and such person duly acknowledged the same person who executed the within instrument of the execution of the same to be the act and deed of said Association. TN WITNESS WHEREOF, I have hereunto set my hand and atfxed my offcial seal at Wichita, Kansas, on the day, month and year first above written..i/ /./...,'i/,/,;) -1, /,,-,,,.,: c' J'/?( ~~ã~ tu~t~(ßé~l'~'"..é-:7l-" My Appointment Expires: ~l:; Il C.ì THElM SUE NOPl ll OF 'MyA Ei.,j ANDESON 3

4 Twenty- 1rst Growth, LLC,.-f' Î\, 13y:~,;~' ~_ 'C )_'/'~""'_ o~ 'i..._,...,', Nali;e~o/t,~"I,/-_1 ' l,;'i'/~"l:/ "'/ TlteAlI#Atf/.x/6PØ/41,'cr ' STATE OF KANSAS ) ) ss: SEDGWICK COUNTY ), 1:1..' BE IT REMEMBERED that on this ~ day o.l. );ø,,:, LC-L /í 2Q,ir, before me the undc,rsig,i;ed, a Notary Public in and for the County and Std'tf aforesaid:-tamc- ;; 'ra'v.3 :/"/;/.04/y/ as;);,,, /lj'/i Ú--I' of who executed the within instrument of Twenty First Growth, LLC who is personally known to me to be the same person writing, and such person duly acknowledged the execution of thc same to be the act and deed of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scal at Wichita, Kansas, on thc day, month and year first above written. "." _.-.~_.I \///:::1 /:J, " -,'", :_..,;/ ::",.'''..'1, My Appointment Expires:. THELMSUEANON - r'..-.:xv'. di /;/,# '~l~~ ~1r~;~/qiè/' '/''-_/ I =P\,_ 'MyAjEx / ~ 4

5 ST ATE OF KANSAS ) ) ss: COUNTY OF SEDGWJCK ) AFFIOA VlT OF PRESIDENT Carol Liebst, being tìrst duly sworn, upon her oatb states that I am the President ofhaw1home Master Homeowners' Association; pursuant to Aricle XL of the Declaration, this Fourth Amendment has been approved by a vote ofthe Owners casting not less than two-thirds (2/3) of the aggregate number of votes represented at a duly-convened annual meeting held on October 1 I, 20 I i /..,./1"".',,'/ /',.- /~.li /l/'7"')1: " t; -r;r" ~,i /t:.lldr./ '" "LJ:~;;A,." / CarOl Liebst ' SUBSCRIBED AND SWORN TO before me this-,,~'3'~"l''/'(---/j-:,,'dd.~ 2~A- / i//..7.-:/'.--- My appointment expires: ~ THiw:SN, Sfm OF 'MyA Ex? ') S I) / d /,.J'/t; ' ß7J( (.. /2 f.;(ht æ''/? ' ;L7(j Notary Public -,) / 5

6 t:;f-çar c? hereby certifies that CERTIFICATE OF SECRETARY I. I am the Secretary of Hawthorne Master Homeowners' Association. 2. Twenty-First Growth, LLC, the ADeveloper(9 in the Declaration, still owns at least one Lot and accordingly, as required under Article XL of the Declaration, has consented to this Fourth Amendment 3. No holders of mortgages on Lots have consented to this Fourth Amendment and, accordingly, under Article XL of the Declaration, the rights of present mortgagees shall not be materially impaired by this Fourth Amendment. 4. By majority vote ofthe board of directors of the Association, at a meeting duly called and convened in accordance with its Bylaws, a resolution authorizing presentation of this Fourth Amendment to the Owners was approved. 5. The Fourth Amendment was approved by a vote of the Owners casting not less than two-thirds (2/3) of the aggregate number of votes represented at a duly-convened annual meeting held on October i I,

7 EXHIBIT A Hawthorne Addition, Hawthorne Second Addition, Hawthorne Third Addition and Hawthorne Fourth Addition, all additions to Wichita, Sedgwick County, Kansas 7