No. 2317 approving an amendment to the Declaration of Protective and Restrictive Covenants of the Blackthorn Corporate Center and Blackthorn Center Development Guidelines

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Declaration of Protective Covenants & Restrictions • of the Blackthorn Corporate Park THIS DECLARATION is jointly made this 19th day of March, 1993, by the SOUTH BEND REDEVELOPMENT AUTHORITY (referred to as "Authority"), and by the SOUTH BEND REDEVELOPMENT COMMISSION (referred to as "Commission"), to be jointly and severally referred to as "Declarant", as Owner and Lessee of that certain real Property hereinafter described and located in the City of South Bend, St. Joseph County, Indiana. The Authority and Commission hereby declare that all of the real property legally described in and referred to in Exhibit "A" attached to this Declaration, to be known as Blackthorn Corporate Park (referred to as "Blackthorn") is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon or otherwise used or improved in whole or in part, subject to the Covenants and Restrictions (sometimes referred to as "Covenants") hereinafter set forth and all of said Covenants herein contained are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and lease or sale of Blackthorn and are established for the purpose of enhancing the value, desirability and attractiveness of Blackthorn and every part thereof. ARTICLE 1 • DEFINITIONS Unless the context otherwise specifies or requires, the words and terms defined in Article I shall, for all purposes of this Declaration, have the meanings herein specified. 1.1 Applicant. "Applicant" shall mean an Owner or the agent of an Owner or a Person possessing valid power of attorney or other proxy or authorization of an Owner, sufficient in the reasonable judgment of the Committee to empower such person to act on Owner's behalf for the purposes of Article V hereof. 1.2 Architect. "Architect" shall mean a person holding valid and effective license to practice architecture in the State of Indiana. 1.3 Architectural and Site Plan Review Committee. "Architectural and Site plan Review Committee" (hereinafter sometimes referred to as the "Committee") shall mean the so named Committee as originally created by Article V of these Covenants. 1.4 Authority. "Authority" shall mean the South Bend Redevelopment Authority, as Owner of the real property herein referred to as Blackthorn. 1.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of trust on any portion of the Property, the holder of Record of the security interest under • such Deed of Trust. The word, "Beneficiary," shall also include a mortgagee 1 Blackthorn Corporate Park Covenants and Restrictions 5/30/01