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No. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines
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No. 1147 approving declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines
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EXHIBIT C <br />Declaration of Protective Covenants & Restrictions <br />of <br />the Blackthorn Corporate Center <br />THIS DECLARATION is jointly made this 19th day of March, 1993, b the SOUTH BEND <br />REDEVELOPMENT AUTHORITY (referred to as "Authority'), and by the SOUTH BEND <br />REDEVELOPMENT COMMISSION (referred to as "Commission'), to be jointly and severally <br />referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter described <br />and located in the City of South Bend, St. Joseph County, Indiana. The Authority and <br />Commission hereby declare that all of the real property legally described in and referred to in <br />Exhibit "A" attached to this Declaration, to be known as Blackthom Corporate Center (referred to <br />as "Blackthom") is and shall be held, conveyed, hypothecated , encumbered, leased, transferred, <br />sold, occupied, built upon or otherwise used or improved in whole or in part, subject to the <br />Covenants and Restrictions (sometimes referred to as "Covenantsl hereinafter set forth and all of <br />said Covenants herein contained are declared and agreed to be in furtherance of a general plan for <br />the subdivision, improvement and lease or sale of Blackthom and are established for the purpose <br />of enhancing the value, desirability and attractiveness of Blackthom and every part thereof. <br />ARTICLE I <br />DEFINITIONS <br />Unless the context otherwise specifies or requires, the words and terms defined in Article I shall, for all <br />purposes of this Declaration, have the meanings herein specified. <br />1.1 Applicant. "Applicant" shall mean an Owner or the agent of an Owner or a Person <br />possessing valid power of attorney or other proxy or authorization of an Owner, sufficient <br />in the reasonable judgment of the Committee to empower such Person to act on Owner's <br />behalf for the purposes of Article V hereof. <br />1.2 Architect. "Architect" shall mean a person holding a valid and effective license to practice <br />architecture in the State of Indiana. <br />1.3 Architectural and Site Plan Review Committee. "Architectural and Site Plan Review <br />Committee" (hereinafter sometimes referred to as the "Committee ") shall mean the so <br />named Committee as originally created by Article V of these Covenants. <br />1.4 Authority. "Authority' shall mean the South Bend Redevelopment Authority, as Owner of <br />the real property herein referred to as Blackthom. <br />1.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of Trust on any portion of <br />the Property, the holder of Record of the security interest under such Dead of Trust. The <br />word, "Beneficiary," shall also include a mortgagee under a mortgage. <br />1.6 Blackthorn. " Blackthom" shall mean the real property described in "A" hereto and such <br />additional real property as may be added from time to time as hereinafter provided. <br />Blackthorn Corporate Center - Covenants & Restrictions 411193 <br />
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