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LE ’ A A TiON

- THIS DECLARATION, made this ______ day of November, 1966, by R. KENNEDY DEVELOPMENT CO., an Illinois corporation (hereinaftcr some-times rrred to as "Declarant"),

W_I I N E S 5 t I H:

WHEREAS � fleciarn.t is the owner of the real estate e.cribed In Article One of this Declaration, and desires to establish certain rights, easements, restrictions, covenants, liens and charges with respect there-to,

NOW, THEREFORE, the Declarant, as the owner of said real estate, DECLARES AS FOLLOWS:

ARTICLE 014E

As used in thit Declaration, unless otherwise provided or unless the cont ’ otherwise requires:

I. "Charlemagne" means the following described real estate:

PARCEL I: Charlemagne Unit One b&ng a subdivision In Section 6, Township 42 North, Range 12, East of the Third PrinJpal Meridian, in Conk County, Illinois .,

PARCEL 2: First Addition to Charlemagne Unit One, being a subdivision in sect ion 6, Township 1+2 North, Range 12, East of the Third Principal Meridian, In Cook County,iillnois.

PARCEL 3: That pert of the South Half (1/2) of Section 7TownshIp 132 North, Range 12 East of the Third Prin-cipal Meridiun, describ-d as follows: Beginning at the Intersecti on ...f tie West line of the East Half (1/2) of the Southeast Quarter (1/ 14) of Sct ion 6 aforesaid with a line 382.50 feet North of and parallel with the South line of said Section 6; thence South along said West line of tli East Half (1/2) of the Southeast Quarter (11 14) to the South Line of said Section 6; thence East along th2 South Line of Section 6, Two Hundred (2Ol) feet; thence North parallel with the said West line of the East Half (1/2) of the Southeast Quarter (1f4) of Section 6 to the South Line of th. North Fifty (50) Rods or the South Half (1/2) of Section 6; thence West along the said South Line of the North Fifty (50) Rods of the South Half (1/2) of ction 6, to the center of the Chicago, Waukegan & Miiwauke Rd; thence Suuth’.asterly cionci the center of said Road to a point in the aforesaid line 382,5 feet North o the South Line of said Section 6; thence East along said line 382.5 feet North of and parallel to the South Line of said Section 6, to the place of beginnin.t (excepting from said tract of land that part

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thereof lying South of a line d-scribed as follows: Comenr’g at the intersection or a 3,ne 382.50 feet North of and parallel with the South line of aid Section 6, with the center line of Chicago, Wauegan

and Milwaukee Road; thence North along the center line of said roar’ a distance of 268.36 feet to the point of beginning of the line herein being described: thence North 82026 1 24" East, 205.75 f" I. thence North 75 0 18’ 5" East, 60.23 feet; then’ North 83056121+ East, 131.87 feet; thence North 06 003’36" West, 151.0 feet; thence North 17°10’1+5" West, 103.77 feet; thence North 01 059’06" West. 208.98 feet; thence South 8909 1 48" East, 385,0 feet; thence South 01 058 h 16’East. 383.90 feet; thence South 65 009’35" East, 90.12 feet; thence North 71039’55" East, 1+8.92 feet: thence South 3604’ 00" East, 97.31 feet; thence North 49 000 1 00" East, 115.0 feet; thence North 35027125" West, 90.0 feet; thence North 33008105 East, 38.62 feet; thence North 010 12 1 25" East, 11+0.83 feet; thence North 56 0 1 1+’30" West, 221.39 feet; thence North 19015135" West, 109.27 Feet; thence North 11 051’50" West, 113.81 feet; thence North 76022’20" Last, 120.0 feet; thence South 82 030’1+5’ East, 63.12 feet; thence North 59 000’36" East, 138.77 feet; thence South 19 056’1+0’ East. 11+14.10 feet; thence South 53052’05’ Last, 119.35 feet; thnc, North 78009 1 +5" East, 77.90 fcct; thence South 59033’02’ r. a st. 136.63 feet; thence South 25032’35’ West, 95.0 feet; thence South 0503’00 West, 109.88 feet - thence North 89052’ 00" East, 129.12 feet; thence South 71 038 1 15" East. 63.014 feet; thence North 7301+14135" East, 1 69. 145 feet; thence South 89059’148" East, 359.83 feet; thence South 000 15’30" West, 105.0 feet; thence South 89 01414030" East. 1314.0 feet; thence South 66013’00" East. 65,414 feet; thence South 89044’30’ East, 138.0 feet, more or less, to a point on a line 200 feet East of dnd parallel with the West line of the East Half (1/2) of the Southeast Quart’r (1/ 1+) of said Section 6, said point belnj 1000.20 feet North of the South line of said Sect I’m 6.)

PARCEL _Li: The East Forty (1+0) Acres of the North Forty- seven (1e7) Acres of the East half (1/2) of the South East Quarter (1/1+) of Section 6, Township 142 North, Range 12, East of the Third Principal Meridian, in Cook Lounty, Iliinoi.

2, "Lot" means a parcel of land, within Charlemagne, under common fee ownership, occupied by or intended for occupancy by one dwt’ilinq and having frontage upon a tre-t. Therefore, "lot" may or may not coincide with a lot of record.

3. "Lot Owner" means a person holding le al title of record to a lot within Charlensdy.e, provided, however, that (a) where title to a lot is In more ...an one person such co-owners together shall be onsidered a sinqle Lt Owner and shall share Jointly the rights (including voting rights), powers. obiig.tions ’nd responsibilities of a Lot Owner, (b) mere mortgaged and ’olders of liens and encumbrances shall not be considered Lot Owners, and (c) the Declarant, notwithstanding its ewnership of one or more lots within Charlemagne, s,ail not be considered a Lot Owner.

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Lt. "Association" means the corporation to be organized pursuant I to Section I of Article Three of this Declaration. 2

5. - "Board of Directors" means the board of directors, however designated, of the As.oclat Ion.

6. means any individual, firm, corporation, trustee or other entity capable of holding title to real estate.

ARTICLE T

Until such time as the Association has been incorporated anc organized, tht. Declarant shall exercise the ,-.owers, rights, discretions, duties and functions of the Association and of its Board of Directors, Including the power of assessment, as If such powers, rights, discretions, duties and functions were each specifically reserved to the Declarant under the terms hereof.

ARTICLE THREE

1. The Declarant shall cause to ’,e organized at such time as the Declarant, its sole discretion, det.-ies, a corporation under the General Not For Profit Corporation Act c. the State of Illinois. Such Corporation shall be called "Chat emayne Homeowners Association", or a name similar thereto. Each Lot Owner shall automatically be a member c the Association during the period he owns a lot in Charlemagne. in addition, the Declarant shall be a member of the Association for a period of three years after the incorporation and organization of the Association, or i.’til such earlier time as the Declarant shall voluntarily withdraw from �membership in the Association.

2. The Articles of Incorporation and Initial by-laws of the Association shall contain such terms and provisions not Inconsistent with this Declaration as the Declarant, In its qole "ccretlon, may determine, Including, without limitation, ar., provision which the DeLlarant may choose to Insert:

(a) creating more than one class of members and designating the ivaiificatlons and rights of the members of each class;

(b) limiting, enlarging of dertyng the right of any class or classes of members to vote; and

c) requiring that the af’irueative vote of the Declirant ;hall be necessitry for the aioptlon of any matter vote.i upon b he members;

prnided, however, that no such provision shall remain effective beyond thc per:od dering which t!" fl.’rlArRnl is a member ef the Association.

Unless provided otherwise by the Declarant in the t.r’Icks of It-corporation or initial by-laws, and in any event after the Declarant ceases to be a member of the Associotioi,:

(a) each member shall be entitled to one vote Of, each matter submitted to a vote of members, .,J

(b) unless a greater proportion Is r’qulred by the Illinois Genera Not For Profit Corpc - ation Act, the vote of a majority of the votes entitled to be cast

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by the members present or represented by proxy at a mee’.lng at which a quorum is present, shall be nec.’stary for the adoption of any matter voted upon by the members

ARTICLE FOUR

23-03-OS I

I. No building, fence, wail or other structure shall he erected, placed or altered by any Lot Owner on any lot in Charlemagne until the plans therefor have been approved In writinS by the Board of Directors of the Association as to conformity and harmony of design with existing structures in Charlemagne. The prec.edi.’g sente,lco shall not apply to Interior alterations.

2, Nt., Lot Owner shall make any change in the grade or drainage of any lot In Charlerage, the effect of which is to cause damage from water to public lands or the property of any other Lot Owner, or Declarant, or whi:h increases the risk of such damage. The determination of the Board of uirectors of the Association that any such change Is In violation of this Section 2 shall be conclusive and binding on all parties involved.

3. Any wafl or fence installed, by the Declarant or by the Associa,.ion on land dedicated for public ue at or in relation to a public entrance to Charlemagne shall comply with the ordinance, and regulations, if any, of the V lliagc of Ntrthbrook and shall be maintained at all times in gad repair and in a safe and sightly condition, or the same shall be r moved, by and at the expense of Declarant until such time as the Associ-ation shall be incorporated and organized and, thereafter, by and at the expense of the Associiton.

4. In the event the Declarent installs a fence along any par or all ,f the boundary lines of Charlemagne, the segment of any such fence

tuated upon a lot shall be maintained at all times by the Lot Owner thereof If ,.,od repair and in a safe and sightly condition, all in conformity with the specifications, design and appearance of the balance of any such fence.

5. A gas-fouled yard light shall be installed by Deciaran in the tront yard of each ’estdence, located in compliance 0th the requlremnts, If any, of the Village of Northbrook, and at all times the Lot Owner ;hall kn"p the sam e Illuminated and shall maintain the same in a safe, sightly and operable condition,

ARrICL_E FIVE

I. All tots In Charlemagne (,cept Lots ownei by the Declarant) shall be subject to one or more assessments each calendar year, to be levied uniformly in equal amounts against each such lot, and csllcetd In accordance with the following provlsions

(i. ) The amount of each assessment shall be determined by the Roard .f Directors of the Association, provided that the total assessments agairt each lot In any calendar year may not exceed (I) $10 before the Incorporation and organization of the Association, and (ii) $25 thereafter,

(b) Asc.ssments shall be due and payable by eijch Lot Owner on or befor.i thirty (30) days after receipt by the Lot Owner of written notice of the amount of his assessment, Assessments not paid on or before such due rtute shall bear interest thereafter at the rate of six percel’t (6.) per annum until paid. All payments upo account shall be applied first to :nterest and then to the a...essment payment first due.

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(c) The unpaid portion of an assessment which is due, and interest thereon, shall become a lien on the lot against which the assessment is levied upon the filing of a Certificate of Non-Payment 23-03-08 of Assessments in the Office of the Registrar of Titles of Cook County, llllnIs. The fees and other costs incurred for filing cuch certi-ficate shall he recoverable as delinquent assessmrnts.

(d) Tha grantee from any Lot Owner shall be jointly and severally liable with such Lot Owner for all unpaid assessments and accrued interest due and payable at the time of conveyance without prejudice, however, to the rights of the grantee to recover from the grantor the amounts paid by the grantee thereof.

(e) The Associat’on at its option may enforce collection of delinquent.isscssmnents by suit at law, by foreclosure of the !iens securing the assessments, or by any other competent proceeding, in whichever event the Association shall be entitled to rcover in the same proceeding the payments which are delinquent at the time of judgment cr decree, tc.gether with interest thereon at tie rate of six percent (6%) per annum and all costs Incident to the collection and the proceeding, including, withot’t limitation, reasonable attorneys’ fees.

(f) Any such lien shall continue for a period of five (5) years from the date created and no longer, unless within such time a proceeding for the collection of the delinquent c.ssessment shall have been corwa iced, in which case thi lien shall continue until the termination of the proceeding and until co’iection or enforcement of the juagment or decree, if any, in such proceeding. The Association shall have no oblig-ation to enforce such lien before the expiration thereof.

The funds collected by the Association as hercinatove pr.’lded may he in tne Association’s discretion, for any or all of time follow-ing purposes:

(a) The Installation, upkeep, maintenance and replacement of any of the following situated in, upon and around cut-de-sae,, parkways, entrances, easements and public and community owned popertfrs, within or IrmmdiateI’ adjoining Charlemagne: wails, fences, trees, snrubs, flower’, grass, and other aproprate landscaping and lmprovementm..

(b) To pay all costs and expenses of maintaining and enforcing the easements, restrictions and covenants established and reserved by this Declaration, an y’ plat of subdivision, deed of conveyance or other Instrument affecting lands in Charlemagne.

(c) To employ such attorneys and agents as are m.cessary to carry out the provisions of this Declaration.

(d) To pay the proper or necessary administrative expenses or the Association.

ARTICLE Sly

Each grant’e from the Declarant, .y the acceptance of a deed of conveyance, accepts the same subject to the provisions of this Declaration, and all such provisions shall run with the Ind and bind every owner of any miterest therein, and all persons claiming under him, and Inure to the

benefit of such owner and persons In like manner, as thouqim the provisions of this Declaration were recited and tipuiated at length in each and every deed of conveyance.

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ARTI. ’.E SEVEN 23-03-031

I. The violation or breach of any provision of this Declaration, any plat of subdivision, or deed of conveyance or other Instrument affecting lands in Chriemagne shalt give the Association, in addition to ether rights herein granted to it, the right, In Its discretion, to (a) enter upon the land upon which such violation or breach exI"s and summarily abat, remove or correct at the expense of the Lot Gwner, any structure, thing or condition that may exist thereon contrary to the provisions of such Instrument, and the Association, and its agents, shall not thereby be d& ’med guilty of any manner of trespass, or (b) remedy the same by appropriate legal proceedings, at law or in equity, including, witlnit limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien or any combination thereof. The Village of Northbrook Is intended to be benefited by the p’.is ions of Section 3 of Article Fo.ir and may enorce compliance by De:larant or the Association by any appropriate means, Including the foregoing.

2. In any proceeding arising because of an alleged default by a Lot Owner, the Association shall be entitled to recover the costs of such proceeding, including without limitation, reasonable attorneys’ fees.

3. All rights, remedies and privileges granted to the Association pursuant to this Declaration shall be dcemed to be cumulative, and the exercise of any one or more shall not be deemed to contitute an election of remedies; nor halt It preclude the Asso, ml ion from exercising such other and additionel rights, remedies or privileges as may be granted to It by this Declaration or at law or in equity.

+. No restriction Imposed hereby shall be abrogated or waived by any failure to enforce any provisions hereof, no matter how many violations or br.aches may occur.

5. The Invalidity e,f sny restriction hereby Impo!ed, or of any provision hereof, or of any part of such restriction or provision, shall not Impair or affect in any manner the validity, enforceability or effect of the rest of this Declaration.

ARTICLE EIGHT

This Declaration may be amended from time to time, or terminated, In accordance with the following provisions:

I. Urtli such time as the As,ociacon Is incorporated and organized. by an instru,nen,, executed and acknowledged by the Declarant.

2. Threftr and while the Declarant is a member of the Association

by an instrument executed and acknowledged by (a) the Declarant and (b) two-thirds (2/3rds) of the remaining memb.rs of the Association.

3. Aft, the Incorporation and organization of the Association and when the Declarant is not a member thereof, by an Instrument executed and a-cnowiedged by two-thirds (2/3rds) of the members of the Association.

4 Each such Instrument shall be effective only upon being filed in the Office of the Registrar of Titles of Cook Couoty,flhinois.

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5. Nc, amendment of Section 3 OC Article Four shall be effecth23 unless the signed consent of the Village of Northbrook shall appear thereon.

6. The following recitals in any such Instrument still be con-cli,ive and binding on all persons: (a) That the Association has or haL not been incorporated and organized; (b) that the Declarant Is or Is n.* a member of theAssociation; (c) that such Instrument Is executed and acknowledged by two-thirds (2/3rds) of the m,mbt-rs of the Association entitled to sign such instrument; and (d) that the consent of the Village of Northbrook appearing on any amendment is both genuine and duly authorized.

ARTICLE NINE

This Declaration shall be hlndlng upon and nu,e to the benefit of the successors and assigns of the Declarant.

IN WITNESS WHEREOF, the Declarant has exccuied this Declaration the day and year first above written.

ATTEST: F :LOPMENT CO.

22 Scretaryi - ’Iicm. Prts,dent

STATE OF ILLINOIS

) Ss. COUNTY OF COOK

I, the undersigned, a Notary Public, In and for the County and State afore3ald, DO HREBY CERTIFY, that Robert N. Kennedy personally known tome to ’e t -ef lentçf R. KENNEDY DEVELOPMENT CO., an Illinois corporation, and 0-6 ’personally known to me to be the A.s+e.0 Secret.y of said corporation, and personally known tu me to b the same persons who3e names are subscribed to the foreg.lng Instrument, appred bcte,e, hls day in person and severally acknowledged that as quch.tresIdent and, vgepry, thcy signed and delivered the said Instrument a’PresIdent and rary of .aid corporation, and caused the corp.. ate seal of said corporation to be affixed thereto, pursuant to authority. gli.cn by the Board of Directors of said corporation as their free an(’ ioiuntary act, and is the free and voluntary act and deed of said corporation, for the es and purposes therein set forth.

Given undr my bnnd and official 5C 1 5tl’Is ’ day of November, 1966.

NT.ry Pui$ic,

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J1i7 F F PSLAjjEtjD)1ENT TO DECLPIj

THIS INSTRUMENT, made his - - day of I , 1968, by R. KENNEDY DEVELOPMrNT CO., in Illinois corporation (hereinafter sometimes ; :� refcrred to as "Decla,jnt")

)( .LI NE

WHEREAS, Declarant has executed a Declaration dated November 15, 1966, 4 and recorded on December 1, 1966, In the Office of the Registrar of Titles of Cook County, Illinois, as Document No. 2103081, which Declaration establishes certain rghts, restrictions, coven3nts, linins and charges with respect to the following described real estate:

PARCEL I: Charlemagne Unit One being a subdivision In Section 6, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.

PARCEL .: First Addition to Charlemagne Unit One, being a subdivision in Section 6, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, illinois.

PARCEL 3: That part of the South Half (1/2) of Section 6, Township 42 North, tange 12 East of the Third Principal Meridian, described as follows: Beginning at the Intersection of the West line of the Ea’it Half (1/2) of the Southeast Quarter (1/ 14)

of Sec ion 6 aforesaid with a line 382.50 feet North of and parallel wkh the South line of said Section 6; thence South along said West line of the East Half (1/2) of the

’the.ist Quarter (1/ 1+) to the South Line of said Section 6; thence East along the South Line of Section 6, Two Hundrr’d (200) feet; thence North parallel with the said West Line of the East Half 11/2) of the Southeast Quarter (1/14) of Section 6 to the South Line of the North Fifty (50) Rods of the South Half (1/2) of Section 6; thence West al-mg the said South Line of the North Fifty (50) Rods of the South Half (1/2) of Section 6, to the center of the Chicago, Waukegan & Mijnukee Road; thence Southeasterly along the center of said Road to a point In the aforesaid line 382.c feet North of the South L!ne of said Su.tion 6; thence East along said line 382. feet North of and parallel to the South Line r.f said Section 6, to the place of beginning (exceptlrg from Sa14 tract of land that part thereof I.,inq South of a line dccribed .s follows: Commencing at the Intersection of a lin. 362.50 feat North of and parallel with the South line of said Section 6, with ti,e center line of Chicago, !lauIeçan and Mi’,’iukee q.

Road; thence North along the center line of said road � distance of 268.36 feet to the point of beginning of the line i’’reln br decribesi; thence .. ’ North 82 ° 26 14" East, 205,75 feet; thence

North 75 0 18 1 15" E’st, 60.23 feet: thence

North 83056 1 24" East, 131.87 feet; thence

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North 06 003 1 36" West, 151,0 feet; thence North 17 010 1 45" West, 103.77 feet; thence North 01 ° 59 1 06" ’.est, 208.98 feet; thence South 89059 1 43" East, 385.0 feet; thence South 0 058 1 16 Last, 383.90 feet; thence Sojth 65009135" East, 90.22 feet; thence North 71 039’55" t.:t, 48,92 feet; thence South 36°C’:.’DO , East, 97.31 feet; thence North 49000 1 00" East, 315.0 feet; thence North 35 027 1 25" West, 90.0 feet; thence North 33 008 1 05" East, 4R 62 feet; thence North 070 12 1 25" East, 140.83 feet; then North 56014130" West, 221.39 feet; thence North 190 15’35" West, 109.27 feet; thence North 1105115011 West, 113.81 feet; thence North 76022 1 20" East, 120.0 Feet; thence South 62 ° 30 1 45" East, 63.12 feet; thence North 59°00’36" East, 13,17 feet; thence South 19 ° 56 1 +0" East, 11411.10 feet; thence South 53 052 1 05" East, 19.35 feet; thence North 73OØ9145 East, 77.90 feet; thence South 5903302" East, 136.63 feet; thence South 25032’35" West, 95.0 feet; thence South 05003 1 00" West, 109.88 cet; thence North 89 ° 52 1 00" East, 129.12 feet; thence South 71 038 1 15" East, 63.04 feet; thence North 730144135" East. 169.45 feet; thence South 89059 1 48" Cast, 359.83 feet; thence South’00 15 1 30" West, 105,0 feet; thence South b9°44130" East, 134.0 feet; thence South 660 13 1 00" East, 65.141+ feet; thence South 890144 1 30" East, 138.0 feet, more or less, to a point on a line 2G0 feet East of and parallel with the West line of the East Half (1/2) of the Southeast Quarter (1/4) of said Section 6, said point bolna 1000.20 feet North of the South line of said Section 6.).

PARCEL 4: The East Forty (140) Ar-’s of the North Forty-seven (47) Acres of the East half (1/2) of the South Lest Quarter (1/4) of Section 6, Township £,’ North, Range 12, East of the Thud Prircipal "erdian, in Cook County, Illinois.

W14EREAS, ARTICLE EIGHT of said Declaration provides tfit unIl such time as the AsocletIon therein referred to Is Incorporated and organized, the Declarant retains the sole power to amend said Decld,ation by an Instrument executed and .cknowledg’i by the Declarant and recorded In the Office of the Registrar of Titles of Cook Cou,.cy, Illinois, and

WHEREAS, the Association therein referral to has not been lncorporatdu and L rgonlzed. and

WHEREAS, the Declarant Is desiroul of modifying aid supplementit.1 tI provisions of said Declaration.

NOW, THEREFORE, the sild Declaration is hereby imended In th3 following respects:

I. Pr’iroph 2 of %RTICLE ONE is modified to read as follows:

2. "Lot" means a parcel of land, within Charlemagne, riscupled by or nt’nded for occupancy by one dwelling and having frontage upon a street, and

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which is owned by a "Lot Owner" as dbtlned below. Therefore, "lot" may or may not coincide with a let of recor.

2. The following paragraph is added to ARTICLE FOUR Immediately after Paragraph 5:

6. It Its contemplated that all or part of the Charlemagne real estate described es "Lot A in Char Iemagnr Unit L, being a subdivision In SectIo,, 6, Township 47 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois" to be conveyed to tl’e Trustees of Schools, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois, and their successors in office for the use and benefit of School District 27, Cook County, Illinois. Upon .,eveyance of all

� or part of the above described real estate to or for the use and benefit of School District 27, Cook County, Illinois, such real estate so conveyed shall be excluded front the operation of this Declaration, including, but not lhiited to, any and all of the rights, renrctions, covenants, liens and charges thcrcin provided.

3. Paragraph 4 of ARTICLE EIGHT is modified to read as follows:

4. Each such ’istrument shall be filed in the minute book of the Association.

Said Declaration as herein amended is hereby ratified and rconfirmed.

IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written,

R. K[’t.!DY DEVELOPMENT CO.

By President

ATTEST:

� _t ’.(, Secretary

STATE OF ILLINOIS )

) SS. COuNTY OF &OO( )

I R, , the undersigned. a Notary Public, in s,d for the County and State aforesaid, DO HEREBY CERTIFY, that Robert J. Kenne, pas - tonally known to me to be the President of R. KENNEDY DEVELOPMENT CO,, an Illinois ccrporatlon, and

personally knows, to me to be Secretary of said corporation, and personally known to me to be tho same persons whose names are nubscribed to the foregoing Instrument, appeared befo,s me this day in person and sevrally ackncledgeu that ; such Pr.tident and Secretary of said corporaticn, they signed and delivered the said Instrument as President an ,4 Secretary o. said corprrat Ion, and caused the corporate seal of said curporAtion to be affixed thereto, pursuant to autnority, given by the Beard of Directors of ieid corporation as tiaIr free and voluntary

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DINT TO DECLARATION

This Declaration made this ?,’J, day of October, 1986, by the CHARLEMkGNE HONE OWNERS ASSOCIATION, a Not-For-Profit Corporation (hereinafter sometimes referred to as "O-!ARLEMAG’B"),

W I T N E S S E T H:

WHEREAS, Declaration wis made on the 15th day of November, 1966 pertaining to certain real estate described in Article One of said Declaration of the 15th day of November, 1966, a copy of said Declaration being attached hereto and made a part hereof as Exhibit A, and

WHEREAS, pursuant to provisions of Article Eight of said Declaration made the 15th day of November, 1966, said Declaration is amended as follows:

A’EINDED ARTICLE FIVE

1. All lots in Charlemagne (except Lots owned by the Declarant) shall be subject to one or more assessments each calendar year, to be levied uniformly in equal amounts against each such lot, and collected in accordance with the following provisions:

(a) The amount of each assessment shall be determined by the Board of Directors of the Association, provided that the total assessments against each lot in any calendar year may not exceed (i) SIO before the incorpoiation and organization of the Association, and (ii) S40 thereafter.

(b) Assessments shall be due and Dayable by each Lot Owner on or before thirty (30) days after receipt by the Lot ner of written notice of the azrcunt of his assessment. Assessments not paid on or before such due date shall bear interest thereafter at the rate of six percent (6o) per annum until paid. All payments upon account shall be applied first to interest and then to the assess-ment payment first due.

(c) The unpaid portion of an assessment which is due, and interest thereon, shall become a lien on the lot against which the assessment is levied upon the filing of a Certificate of Non-Payent of Assessments in the Office of the Registrar of Titles of Cook County, Illinois. The fees and other costs incurred for filing such certificate shall be recoverable as delinquent assess-ments.

(d) The grantee from any Lot Owner shall be jointly and severally liable with such Lot Owner for all unpaid assessments and accrued interest due and payable at the time of conveyance without prejudice, however, to the rights of the grantee to recover from the grantor the amounts paid by the grantee thereof.

(e) The Association at its option may enforce collection of delinquent assessments by Suit at law, by foreclosure cf the liens securing the assessments, or by any other competent proceeding, in whichever event the Association shall be entitled to recover in the same proceeding the payments which are delinquent at the time of judgment or decree, together with interest thereon at the rate of six percent (6) per annum and all costs incident to the collection and the pro-ceeding, including, without limitation, reasonable attorneys’ fees.

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(f) Any such lien shall continue for a period of five (5) years from the date created and no longer, unless within such time a proceeding for the collec-tion of the delinquent assessment shall have been commenced, in which case the lien shall continue until the termination of the proceeding and until collection or enforcement of the judgment or decree, if any, in such proceeding. The Associa-tion shall have no obligation to enforce such lien before the expiration thereof.

2. The funds collected by the Association as hereinabove provided may be used, in the Association’s discretion, for any or all of the following purposes:

(a) The installation, upkeep, maintenance and replacement of any of the following situated in, upon and around cul-de-sacs, parkways, entrances, easements and public and community owned properties, within or immediately adjoining Charlemagne: walls, fences, trees, shrubs, flowers, grass, and other appropriate landscaping and ijirovements.

(b) To pay all costs and expenses of maintaining and en-forcing the easements, restrictions and covenants established and reserved by this Declaration, any plat of subdivision, deed of conveyance or other instrument affecting lands in Charlemagne.

(c) To employ such attorneys and agents as are necessary to carry out the provisions of this Declaration.

(d) To pay the proper or necessary administrative expenses of the Association.

IN WITNESS ’1-1EREOF, the O-LARLEM.(NE HOME OWNERS ASSOCIATION by and through its President has executed this Amendment to Declaration this Yh day of October, 1985.

A’1TET)7

Secretary

STATE OF ILLINOIS ) )SS.

COILNTYOFCOOK )

I, the undersigned, a Notary Public, in and for the County of Cook and State of Illinois, DO HEREBY CERTIFY that SHELDON L. BANKS personally known to me to be the President of the O-IARLEMAQ’JE HOME OWNERS ASSOCIATION, an Illinois Not-For-Profit Corporation, and (:I,,, p 1/ personally known to me to be the Secretary of the ARLE(AG’1E HOME OWNERS ASSOCIATION, and personally known to me to be the same persons whose names are subscribed to the foregoing in-strument, appeared before me this_____ day of October, 1986 in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said CHARLEMAG\E HOMEOWNERS ASSOCIATION, and pursuant to their authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said CHARLEMAGNE HOME OWNERS ASSOCIATION, for the uses and purpo s therein set forth.

’ Given under my hand and official seal, this 2/4 of October, 1986

AMENDMENT TO DECLARATION

This declaration made this day of TA 9 , 2002, by the CHARLEMAGNE HOMEOWNERS ASSOCIATION, a Not-For-Profit Corporation,

W I T N E S S E T H:

WHEREAS, Declaration was made on the 15 "’ day of November, 1966 pertaining to certain real estate described in Article One of said Declaration of the 15th day of November, 1966, a copy of said Declaration being attached hereto and made a part hereof as Exhibit A, and

WHEREAS, pursuant to provisions of Article Eight of said Declaration made the 15th day of November, 1966, said Declaration is amended as follows:

AMENDED ARTICLE FIVE 1 (a)

1. (a) The amount of each assessment shall be determined by the Board of Directors of the Association, provided that the total assessments against each lot in any calendar year may not exceed (i) $10 before the incorporation and organization of the Association, and (ii) $95 thereafter.

IN WITNESS WHEREOF, the CHARLEMAGNE HOMEOWNERS ASSOCIATION by and through its President has executed this Amendment to Declaration this 3v-o day of

,2002.

CHARLEMAGNE HOMEOWNERS ASSOCIATION

BY: President

ATTEST:

Secretary

STATE OF ILLINOIS )

) SS. COUNTY OF COOK

)

I, the undersigned, a Notary Public, in and for the County of Cook and State of Illinois, DO HEREBY CERTIFY that JOEL TAUB personally known to me to be the President of the CHARLEMAGNE HOMEOWNERS ASSOCIATION, an Illinois Not-For-Profit Corporation and JEFFREY LAMM personally known to me as the Secretary of the CHARLEMAGNE HOMEOWNERS ASSOCIATION, and personally known to me as the samye rsons whose names are subscribed to the foregoing instrument, appeared before me this day of

___ 2002 in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said CHARLEMAGNE HOMEOWNERS ASSOCIATION, and pursuant to their authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said CHARLEMAGNE HOMEOWNERS ASSOCIATION, for the uses and purposes therein set forth.

Given under my hand and official seal, this 3-4 day of 1

0F+jCjAL SEAL 1000 A HELLER

MY cc

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