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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Association or their respective successors, assigns, or employees, shall be held liable in damages to anyone submitting plans and specifications to them for approval, or to any Owner affected by this Declaration, by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval, disapproval or failure to approve any such plans and specifications. Every person who submits plans and specifications to the Committee for approval agrees, by submission of such plans and specifications, and every Owner or Occupant of any Blackthorn Lot, by acquiring title thereto, or an interest therein, that they will not bring any action or suit against the Committee, the Commission, the Authority, the City or the Association to recover any such damages. 5.8 Limitation of Action. Notwithstanding anything to the contrary herein contained, after the expiration of one (1) year from the date of issuance of a building permit by the appropriate governmental authority for any Improvement, or three (3) months after the completion of any Improvement, whichever is later, said Improvements shall, in favor of purchasers and encumbrances, be deemed to be in compliance of this Article, unless actual notice of noncompliance or non- completion, executed by the Association, shall appear of Record of the Official Records, or unless legal proceedings shall have been instituted to enforce compliance or completion. ARTICLE VI OWNER'S ASSOCIATION AT BLACKTHORN 6.1 Formation ofAssociation. The Declarant shall cause to be incorporated anot- for-profit corporation under the laws of the State of Indiana, to be called the Owner's Association at Blackthorn. The Association shall be governed in accordance with the Articles and Bylaws of its incorporation. The Bylaws may further define the rights and obligations of the Association and its members, but this Declaration shall govern, in the event of an inconsistency between these Covenants ai7d the Bylaws. 6.2 Purposes of fhe Association. The purposes of the Association are as follows: a. to enforce these Covenants; b. to maintain certain common landscaped areas; c. to receive, account for and budget funds belonging to and/or entrusted with the Association, including without limitation; Review Fees, dues, or assessments; for the operation, maintenance and/or benefit of the Owners at Blackthorn; d. to pay the expense of the Committee as budgeted herein; e. to appoint the members of the Committee from and after the 12 Blackthorn Corporate Park Covenants and Restrictions 5/30/01