Re-recorded to correct scrivenor's error on page 8 to change LOT 289 to LOT 789 in Parcel 10. 200600018292 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON SIXTH AMENDMENT TO THE 06-19-2006 At 02:42 Pm. DECLARATION OF COVENANTS, CERTIFICATE 42 CONDITIONS & RESTRICTIONS RHSP Surcharse 10.00 FOR CHURCHILL CLUB HOMEOWNERS ASSOCIATION 2006000241530 Filed for Record in KENDALL c:ounty ILLINOIS PAUL ANDERSON 08-0S8-2006 At 09:37 am. CERTIFICATE 42.00 RHSF Surcharse 10.00 This Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association is made this 1 " day of June, 2006, by Hovstone Properties Illinois, LLC, a Delaware Limited Liability Company, formerly known as Pinnacle Corporation, an Illinois Corporation, and Roslin Oswego LLC, a Delaware Limited Liability Company (hereinafter collectively referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant has entered into, that certain Declaration of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association dated December 15, 2003 and recorded with the Recorder of Deeds of Kendall County, Illinois on December 19, 2003 as Document Number 200300044069 (the "Declaration"); and WHEREAS, Declarant has entered into that certain First Amendment to the Declaration of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association dated August 6, 2004 and recorded with the Recorder of Deeds of Kendall County. Illinois on August 16, 2004 as Document Number 200400022979 (the "First Amendment); and WHEREAS, Declarant has entered into that certain Second Amendment to the Declaration of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association dated December 15. 2004 and recorded with the Recorder of Deeds of Kendall County, Illinois on December 20, 2004 as Document Number 200400035369 (the "Second Amendment"); and PREPARED BY: RETURN TO: Kathleen Kang, Esquire Kathleen Kang, Esquire 1806 S. Highland Avenue 1806 S. Highland Avenue Lombard, Illinois 60148 Lombard, Illinois 60148
WHEREAS, Declarant has entered into that certain Third Amendment to the Declaration of Covenants, Conditions and Restrictions for Churchill Club H-Iomeowneps Association dated May 31, 2005 and recorded with the Recorder of Deeds of Kendall County, Illinois on June 17, 2005 as Document Number 200500016958 (the "Third Amendment"); and WHEREAS, Declarant has entered into that certain Fourth Amendment to. the ideclarati on of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association dated August 12, 2005 and recorded with the Recorder of Deeds of Kendall County, Illinois on August 22, 2005 as Document Number 200500024695 (the "Fourth Amendment"); and WHEREAS, Declarant has entered into that certain Fifth Amendment to the Declaration of Covenants, Conditions and Restrictions for Churchill Club Homeowners Association dated September 22, 2005 and recorded with the Recorder of Deeds of Kendall County, Illinois on September 27, 2005 as Document Number 200500029582 (the "Fifth Amendment") (the Declaration, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment shall hereinafter be collectively referred to as-the "Amended Declaration"); and WHEREAS, Exhibit A to the Amended Declaration legally describes certain real property that is subject to the terms and provisions of the Amended Declaration (defined therein as the "Property"), which Exhibit A is set forth as Exhibit A to this Sixth Amendment; and WHEREAS, Declarant is also the Developer under the Declaration; and WHEREAS, pursuant to the terms and conditions set forth below, Declarant. in its own capacity and in its capacity as the Developer, desires to amend further the Amended Declaration as hereinafter provided; NOW, THEREFORE, pursuant to the terms and conditions set forth below, Declarant, in its capacities- as Developer and Declarant, hereby amends further the Amiended Declaration pursuant to Section 8.7 of the Amended Declaration as follows: 1. Recitals. The foregoing recitals are hereby incorporated into, and made a part of this Sixth Amendment as substantive provisions hereof. 2. Amended Description of the Property. Exhibit A of the Amended Declaration is hereby deleted in its entirety and replaced with Exhibit A attached hereto and by this reference made a part hereof. Therefore, the definition of the "Property" under the Amended Declaration shall be the real property described on Exhibit A attached hereto. 3. Amended Description of the Additional Land. Exhibit B of the Amended Declaration is hereby deleted in its entirety and replaced with Exhibit B attached hereto 2
and by this reference made a part hereof. Therefore, the definition of the "Additional Land" under the Declaration shall be the real property described on Exhibit B attached hereto. 4. Amended "Common Area". Section 1.3 of the Declaration shall be deleted in its entirety and replaced with the following language: 1.3. "Common Area" shall mean all real property owned, to be owned and maintained by the Association for the common use and enjoyment of the Owners including without limitation the Stormwater Detention Facilities, the entrance ways and features and complimentary landscaping and fencing associated with such entrance ways, other facilities, if any, other landscaping and fencing, if any, and Open Space Lots 79. 80, 81,' 82, 83, Lots 200, 201, 202, 203, 204. 205, 206. 207, 271, Lot 434, Outlots 580, 581, 582, Lots 789, 790, 792, 793, 794. 795, 796, 797, 798, 799, 800, 801, 802, 804, 805, 806, 807, 808, 809, and 810. Lots 199, 269, 432, 433, Outlots 577, 578, 579 and Lot 791 shall not be considered within the "Common Area," as they shall be donated to the Oswegoland Park District. 5. Amendment to Section 1.1 1. of the Amended Declaration. Section 1.11. of the Amended Declaration shall be, and is hereby, amended in its entirety in order to conform the Amended Declaration and the Subdivision Plats. so that said Section l.1. shall hereafter be and read as follows: 1.11. "Subdivision Plat" shall mean those plats of the Property acknowledged and recorded by the Declarant on September 24, 2003 as document number 200300034773 and document number 200300034775 and on November 26, 2003 as document number 200300041934 and on June 16, 2004 as document number 200400016315 and on June 20, 2005 as document number 200500017199 and on April 10, 2006 as document number 200600010420 in the Office of the Recorder of Kendall County, Illinois. 6:. Notwithstanding the definition of "Developer" herein or the use of such term herein, Roslin Oswego LLC ("Roslin") shall only be deemed to be Developer or Declarant to the extent provided for in that certain Partial Assignment and Assumption of Declarants Rights Under Declarations, recorded January-5, 2005, by the Kendall County Recorder as Document No. 2005R00000287 (the "Partial Assignment"), and Roslin's rights, obligations and liabilities as Developer or Declarant pursuant to the Amended
Declaration as amended by this Sixth Amendment shall be limited to those set forth in the Partial Assignment. 7. General. The Amended Declaration, as further amended by this Sixth Amendment, is. ratified and confirmed. Except as expressly modified or amended in this Sixth Amendmcnt, all terms, provisions, and conditions of the Amended Declaration shall be and remain in full force and effect; provided, however, that any other-provision of the Amended Declaration shall be deemed modified to give practical effect to the provisions of this Sixth Amendment. To the extent that any of the terms or provisions of this Sixth Amendment shall conflict with any of the terms or provisions of the Amended Declaration, the terms and provisions of this Sixth Amendment shall control. [SIGNATURE PAGE FOLLOWS] 4
IN WITNESS WHEREOF, Hovstone Properties Illinois. L.L.C. formerly known as Pinnacle Corporation hereby submits this Sixth Amendment to the Recorder of Deeds of Kendall County, Illinois to record this document in the title deeds of said property. Dated this l day of $ v-tc,a.d., 2006. HOVSTONE PROPERTIES ILLINOIS, L.L.C. A Delaware Limited Liability Company BY: Hovstone Holdings, L.L.C. A Delaware Limited Liability Company Its Sole Memnber BY: K. Hovnanian T&C Investment, L.L.C. A New Jersey Limited Liability Company Its Mana gmember BY: Andrew Konovodoff Its President ATTEST: BY: Kathleen Kang Its Assistant Secretary STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) 1, the undersigned, a Notary Public in and for said County and State, do hereby certify that Andrew Konovodoff and Kathleen Kang, of said Limited Liability Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Assistant Secretary, of K.Hovnanian T&C Investment L.L.C., the Managing Member of Hovstone Holdings,, L.L.C., the sole Member of Hovstone Properties Illinois, L.L.C., respectively, appeared before me this day in person and acknowledged that they.signed, sealed and delivered said instrument as their free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day f J LC, 2006. I -i 5
IN WITNESS WHEREOF. Roslin Oswego LLC hereby submits this Sixth Amendment to the Recorder of Deeds of Kendall County, Illinois to record this document in the title deeds of said property. Dated this 7 day of JC ^ j, A.D.. 2006. ROSLIN OSWEGO LLC.4 Delw111are Limn iled Liability C'onmanjy BY: WJJR REAL ESTATE MANAGEMENT, INC. A 77 Illinois corporation Its Manager BY:Y. William J. Ryan Its President STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) 1, the undersigned. a Notary Public in and for said County and State, do hereby certify that William J. Ryan of said Corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such President, of WJJR Real Estate Management, inc.. the Manager of Roslin Oswego LLC. respectively, appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 1 day of ULne 2006. Notary Public6 OFFICIAL SEAL COURTNEY L MALONE NOTARY PUBLIC -STATE OF ILLINOIS MY COMMISSION EXPIRES:01/12110 6
EXHIBIT A Lemzal Description of the Property PARCEL 3: LOTS 1 THROUGH 78, BOTH INCLUSIVE, AND OPEN SPACE LOTS 79, 80, 81, 82, AND 83, IN CHURCHILL CLUB - PARCEL 3 OF PARTS OF THE SOUTHWEST QUARTER OF SECTION 10, THE NORTHWEST QUARTER OF SECTION 15 AND THE NORTHEAST QUARTER OF SECTION 16 ALL IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 24, 2003 AS DOCUMENT NUMBER 20Q300034775, IN KENDALL COUNTY, ILLINOIS; ALSO: PARCEL 5: LOTS 1 THROUGH 198, BOTH INCLUSIVE, LOTS 200, 201, 202, 203, 204, 205, 206, AND 207, IN CHURCHILL CLUB - PARCEL 5 OF THAT PART OF THE SOUTH HALF OF SECTION 10 TOGETHER WITH PART OF THE NORTH HALF OF SECTION 15 BOTH IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 24, 2003 AS DOCUMENT NUMBER 200300034773, IN KENDALL COUNTY, ILLINOIS; ALSO: PARCEL 6A: LOTS 210 THROUGH 268, BOTH INCLUSIVE, AND LOT 271, IN CHURCHILL CLUB - PARCEL 6A BEING A SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 10 AND THE NORTHEAST QUARTER OF SECTION 15 ALL IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 2003 AS DOCUMENT NUMBER 200300041934, IN KENDALL COUNTY, ILLINOIS; ALSO: PARCEL 6B: LOTS 272 THROUGH 431, BOTH INCLUSIVE, AND LOT 434, IN CHURCHILL CLUB - PARCEL 6B BEING A' SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 10, THE SOUTHWEST QUARTER OF SECTION 11, THE NORTHWEST QUARTER OF.SECTION 14 AND THE NORTHEAST QUARTER OF SECTION 15 ALL IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 16, 2004 AS DOCUMENT NUMBER 200400016315, IN KENDALL COUNTY, ILLINOIS: ALSO 7
PARCEL 7: LOTS 435 THROUGH 576, BOTH INCLUSIVE, AND OUTLOTS 580, 581, AND 582, IN CHURCHILL CLUB - PARCEL 7 BEING A SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 10, AND THE SOUTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 20, 2005 AS DOCUMENT NUMBER 200500017199, IN KENDALL COUNTY, ILLINOIS; ALSO: PARCEL 10: LOT 789 LOTS 583 THROUGH 788, BOTH INCLUSIVE, L o, LOT 790, LOTS 792 THROUGH 802, BOTH INCLUSIVE, AND LOTS 804 THROUGH 810, BOTH INCLUSIVE, IN CHURCHILL CLUB - PARCEL 10 BEING A SUBDIVISION OF PART OF SECTION 11 IN TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 2006 AS DOCUMENT NUMBER 200600010420, IN KENDALL COUNTY, ILLINOIS. PIN #: 03-10-300-017; 03-15-101-002; 03-16-200-009; 03-10-300-005; 03-10-400-004; 03-15-126-001; 03-15-226-004; 03-10-400-004; 03-10-400-005; 03-15-226-003; 03-15-226-004; 03-10-300-012; 03-10-200-004; 03-11-300-002; 03-14-100-001; 03-10-400-008; 03-11-300-007; 03-11-300-009; 03-11-300-010; 03-11-200-011 8
EXHIBIT B Lepgal Description of Additional Land None at this time. 9