New Mark First Pool Association Declaration (as amended)

This Declaration is made this 12th day of February, 1969, (amended September 25, 1970, July 30, 1971, and April 25, 1976) by Bleakley-New Mark Development, Inc., a corporation, hereafter referred to as "Developer".

The Board of Directors of The New Mark First Pool Association at a meeting held on December 21, 1975, and the Board of Directors of New Mark First Homes Association at a meeting held on December 27, 1975, adopted a resolution approving a proposed plan of merger as well as approving a number of proposed amendments to the New Mark First Pool Association Declaration and The New Mark Homes Association Declaration.

The plans of merger were approved by the members of New Mark First Pool Association and New Mark First Homes Association at the special meeting of the members of said Associations on January 24, 1976. New Mark First Pool Association would be the surviving corporation.

The Articles of Merger were filed and Certificate of Merger was issued on April 19, 1976, and New Mark First Pool Association is the surviving corporation.

The Board of Directors of the New Mark First Pool Association at a meeting held on September 13, 1981, adopted a resolution to further amend the Declaration of said Association and to present the amended Declaration to the Association members for approval at the Association's annual meeting to be held January 10, 1982.

The Amendment is to amend the New Mark First Homes Association Declarations filed for record in the Office of the Recorder of Deeds of Clay County, Missouri, on March 10, 1969, in Book 1011, at page 987, under Document Number C-31896, and on October 26, 1970, in Book 1048, at page 532, under Document Number C-48752, and on August 27l, 1971, in Book 1069, at page 450, under Document C-58342. this amendment is also to amend the New Mark First Pool Association Declaration filed for record in the Office of the Recorder of Deeds, Clay County, Missouri, on March 10, 1969, in Book 1012, page 13, under Document Number C-31898, and on October 26, 1970, in Book 1048, page 536, under Document Number C-48753, and on August 27, 1971, in Book 1069, page 431, under Document Number C-58339, and on June 3, 1976, in Book 1217, page 726, under Document Number D-28118.

WHEREAS, the Developer is the owner of a tract of land located in Kansas City, Clay County, Missouri, which tract of land the Developer intends to develop and improve in general accord with the certain Community Unit Project Plan approved by the City Council of Kansas City, Missouri, by Ordinance No. 35548 passed on the 6th day of September, 1968, hereafter referred to as the "Plan";

WHEREAS, the Developer has caused that portion of the property encompassed by the aforementioned Community Unit Project Plan and referred to on said Plan as "Stage 1" to be laid out and platted as New Mark, a subdivision of land in Kansas City, Clay County, Missouri, which plat has been duly filed for record as Document No. C-28650 in the Office of the Recorder of Deeds for Clay County, Missouri, in Plat Book 13 at pages 22 through 23, inclusive;

WHEREAS, the Developer intends that portions of the property platted as New Mark ("Stage1" of the aforementioned Community Unit Project Plan) will be developed with single-family residences;

WHEREAS, the Developer intends to construct a clubhouse and pool facilities on Tract C, New Mark, and to convey said clubhouse and pool facilities to the New Mark First Pool Association, a Missouri not for profit corporation, to hold and maintain for the benefit of the owners and occupiers of the aforementioned single-family residences; and

WHEREAS, the New Mark First Pool Association joins in the execution and filing of this Declaration for the purpose of accepting the duties and obligations imposed on it by the terms hereof;

Now, therefore, the Developer does by these presents subject the following described Lots, to the Covenants, Charges and Assessments hereinafter set forth, to-wit:

Lots 1 through and including 27 of Block 1,
Lots 1 through and including 22 of Block 2,
Lots 1 through and including 27 of Block 3,
Lots 1 through and including 22 of Block 4,
Lots 1 through and including 5 of Block 5,
Lots 1 through and including 16 of Block 5,
Lots 1 through and including 31 of Block 7,
Lots 1 through and including 24 of Block 8,
Lots 1 through and including 32 of Block 9,
Lots 1 through and including 40 of Block 10,
Lots 1 through and including 16 of Block 11,
New Mark, a subdivision of land in Kansas City, Clay County, Missouri, according to the recorded Plat thereof.

Article I: Definitions

1.1 Association. "Association" shall mean the New Mark First Pool Association, a Missouri Not For Profit corporation, its successors and assigns.

1.2 Developer, "Developer" shall mean Bleakley-New Mark Development, Inc., a Missouri corporation, its successors and assigns.

1.3 Plan. "Plan" shall mean the Community Unit Project Plan approved by the City Council of Kansas City, Missouri, by Ordinance No. 35548, which Ordinance was passed the 6th day of September, 1968.

1.4 Lot. "Lot" shall mean those single-family residential Lots, including any part or parts thereof, which are from time to time made subject to the terms of this Declaration.

1.5 Improved Lot. "Improved Lot" shall mean any Lot, or part or parts thereof, on which a residence not in violation of the restrictions then of record thereon is erected or in the process of erection. All other Lots covered by this Declaration shall be deemed to be "vacant" and "unimproved."

1.6 Owners. "Owners" shall mean those persons, firms or corporations other than the Developer, who or which may from time to time hold record title to a Lot or Lots subject to the terms of this Declaration, provided, however, that where, pursuant to a financing arrangement, record title to a Lot is in a mortgagee, the term "Owners" shall mean the mortgagor, and where, pursuant to a financing arrangement, record title to property is in a trustee, the term "Owners" shall mean the settlor or grantor who executed the deed of trust.

1.7 Public Places. "Public Places" shall mean all parking areas located in public street rights-of-way, all parks situated at street intersections and elsewhere, all cu-de-sac and other roadway islands; and all similar places the use of which is dedicated to or set aside for the use of the general public.

1.8 Association Property. "Association Property" shall mean all real property owned from time to time by the Association. The Developer intends to erect a swimming pool and certain other improvements on Tract C, New Mark, and then to convey said property to the Association free and clear of all liens and encumbrances. By the execution hereof, the Association Covenants and agrees that it shall accept title to said Tract C; and it further agrees that it shall hold, maintain and improve said property for the common use and benefit of the members of the Association and occupiers of land owned by members of the Association.

1.9 A Living Unit. "Living Unit" Means a single-family residence which is designed for occupancy by a single family.

1.10 Members. "Members" shall mean Members of the Association. Members of the Association shall include (A) the developer, (B) the Owners of single-family residential Lots subject to the terms of this Declaration.

In order that the Association shall have funds with which to carry out the powers and duties provided for by this Declaration the Association shall have the power to levy Assessments against the Lots owned by each Member of the Association, which Assessment shall be levied on the basis of the number of Lots owned by such Member. In the event that an Assessment is not paid by a Member, the Association shall have a lien on the Lot of the non-paying Member.

Article II: Membership and Voting Rights

2.1 Members. Every owner of a Lot which is subject to Assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to Assessment.

2.11 Limitation of Membership. Membership in the Association shall be limited to the Owners of Lots in S-1 and S-2, otherwise known as "Brooking North" and "Brooking South."

2.2 Voting Rights of Members. Owners shall be entitled to cast one vote for each Lot, which they own subject to the terms of this Declaration, but in no event shall more than one vote be cast for each Lot.

2.3 Easement of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(A) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the common area;
(B) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(C) The right of the Association to dedicate or transfer all or any part of the common area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of Members agreeing to such dedication or transfer has been recorded.

Article III: Additional Lands, How They May Be Added

3.1 Addition of Land by Vote of Members. Additional lands may be added to the Association from time to time and the Association may also unite or combine with other homes Associations, provided that the addition of such lands or the uniting or combining with other homes Associations, as the case may be, is first approved by a two-thirds (2/3) majority vote of the Members voting at a meeting of the Members of the Association duly called as hereinafter provided.

The vote of the Members as required by this section shall be taken at either the annual meeting or at a special meeting of the Members. If a special meeting is to be held, written or printed notice stating the place, day and hour of the meeting and the purpose or purposes for which the meeting is called shall be delivered not less than five (5) nor more than forty (40) days before the date of the meeting either personally or by mail.

Article IV: Management of The Association

The Association shall be managed by a Board of Directors of not less than five (5) in number and elected in accordance with the Article of Incorporation and by-laws of the Association.

Article V: Powers, Rights, and Duties of the Association

5.1 Discretionary Powers and Duties. The Association shall have the following powers and rights which can be exercised and assumed at its discretion:

5.101 Enforcement of Building Restrictions. The Association can enforce any or all building restrictions which have been imposed or which may hereafter be imposed upon any of the land subject to this Declaration. Said building restrictions may be enforced either in the form in which they were originally placed on such property or as modified subsequent thereto. However, nothing contained herein shall be deemed to prevent the owner of any such property from enforcing any building restrictions in his own name; the right of enforcement shall not serve to prevent such changes, releases, or modifications of the restrictions or reservations placed upon such property by any party having the right to make such changes, releases or modifications in the deeds, contracts, or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assigment of those rights by the proper parties wherever and whenever such right of assignments exists. The expense and costs of any enforcement proceedings initiated by the Association shall be paid out of the general fund of the Association as hereafter provided for. These costs shall be charged to the owner involved and constitute a lien on the Lot or Lots involved.

5.102 Exercise Easements. The Association can exercise the rights and control over such easements as it may acquire from time to time.

5.103 Rules and regulations with respect to the use of facilities on Association Property. The Association can adopt and enforce rules and regulations relating to the use of structures or facilities which may exist or be erected from time to time on Association Property and establish charges for the use of such facilities and structures.

5.104 Suspend voting rights and rights of Members to use facilities. The Association can suspend the voting rights of Members and their rights to use facilities located on Association Property for any period during which Assessments levied and due from such member and against his Lot remain unpaid and suspend for a maximum of 60 days such member's rights to use recreational facilities located on Association Property for an infraction of published rules and regulations of the Association.

5.105 Defend and Bring Lawsuits. The Association can employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable and defend suits brought against the Association.

5.106 Make Contracts and Employ Agents. The Association can employ from time to time such agents, servants, and laborers as the Association may deem necessary in order to exercise the powers, rights and privileges granted to it and make contracts.

5.2 Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties:

5.201 Maintenance of Public Places. The Association shall now, resow grass, care for and maintain Public Places including but not limited to parking areas located in the public street rights-of-way, parks situated at street intersections and all cul-de-sac and other roadway islands. The Association shall remove weeds and grass from Public Places; pick up and remove therefrom loose material, rubbish, filth and accumulations of debris, and do any other thing necessary or desirable in the judgment of the Association to keep such Public Places in neat appearance and in good order.

5.202 Maintenance of Association Property. The Association shall mow and resow the lawns and care for, spray, trim, protect, plant and replant trees and shrubs growing on all property which may, from time to time, belong to the Association; pick up and remove from such property all loose material, rubbish, filth and accumulations of debris; and do any other thing necessary or desirable in the judgment of the Association to keep all such property in neat appearance and in good order.

5.203 Maintenance of Vacant Lots and Unattended Homes. It shall be the responsibility of the respective Owners to mow, care for, and carry away from all vacant, unimproved lots and unattended homes all weeds and unsightly grasses or other growth, rubbish, filth and accumulations of debris, and other things tending to create unsightliness or untidiness should it become necessary for the Association to pay for any of the above care or maintenance for an owner such cost or expense be charged to owner involved and shall constitute a lien on the Lot or Lots involved.

5.3 Special Rights and Powers. The Association shall have the power and right to build or construct on land to which the Association holds title facilities for the benefit of the Owners and occupiers of the land subject to the terms of this Declaration; Provided, that the building or construction of such facilities if first approved by a two-thirds (2/3) majority of the Members of the Association voting at either the annual or at a special meeting of the Members. Special meetings shall be called pursuant to the provisions of the Article VII hereof.

Article VI: Assessments

[6.1 Imposition of Regular Assessments. For the purpose of providing a general fund to enable the Association to perform and exercise the rights, powers and duties set out in Article V hereof, all Lots subject to this Declaration shall be subject to an annual Assessment based upon the anticipated total annual cost of the Association in carrying out the powers and duties provided for in Article V above divided by the number of Lots subject to this Declaration. Assessments on all Lots shall commence on the first day of the month following conveyance of the common area to the First Pool Association. The amount of the annual Assessment shall be an amount of money sufficient to enable the Association to carry out the powers and duties provided for in Article V; provided however, that the amount of an annual Assessment against each Lot owned by a member of the Association shall not exceed one hundred thirty-two dollars ($132.00). It is further provided that until Lots have a Living Unit erected on them which has been once occupied, said Lots shall be subject to an annual Assessment of twenty-five percent (25%) of the regular unit Assessment.

The amount of the annual Assessment may be increased above the sum of one hundred thirty-two dollars ($132.00) for each Lot provided that such increase is first approved by a two-thirds (2/3) majority vote of the Members of the Association taken at either the annual or at a special meeting of the Members. Special meetings shall be called pursuant to the provisions of the Article VII hereof.]

6.1 Imposition of Regular Assessments. For the purpose of providing a general fund to enable the Association to perform and exercise the rights, powers and duties set out in Article V hereof, all Lots subject to this Declaration shall be subject to an annual Assessment based upon the anticipated total annual cost of the Association in carrying out the powers and duties provided for in Article V above divided by the number of Lots subject to this Declaration. Assessments on all Lots shall commence on the first day of the month following conveyance of the common area to the First Pool Association. The amount of the Annual Assessment shall be an amount of money sufficient to enable the Association to carry out the powers and duties provided for in Article V; provided however, that the amount of an annual Assessment against each Lot owned by a member of the Association shall not exceed two hundred seventy-five dollars ($275.00). It is further provided that until Lots have a Living Unit erected on them which has been once occupied, said Lots shall be subject to an Annual Assessment of twenty-five percent (25%) of the regular unit Assessment.

The amount of the Annual Assessment may be increased above the sum of two hundred seventy-five dollars ($275.00) for each lot provided that such increase is first approved by a fifty-one percent (51%) majority vote of the members of the Association taken at either the annual or a special meeting of the members. Special meetings shall be called pursuant to the provisions of the Article VII hereof. [Note: Amended 12/5/2000]

6.2 Notice. Notice of the amount of Assessments against the Lot held by a particular owner shall be deemed sufficient if a written or printed notice of the amount of said Assessment is deposited in the United States Post Office, with postage prepaid, and addressed to the respective Lot Owners at their last known address.

6.3 When Assessments Levied and Due. The annual Assessments shall be fixed and levied for each fiscal year. The first Assessment shall be for the fiscal year beginning January 1, 1970. Assessments for each fiscal year shall be fixed and levied at least forty-five (45) days prior to January 1 of the fiscal year to which they apply. Assessments shall be due and payable on the first day of January for the fiscal year to which they are applicable and shall be delinquent thirty (30) days thereafter. On or before December 1 of each year, the Association shall notify each member owning a Lot subject to Assessment at such member's last known address, this notice shall state the number of Lots with respect to which an Assessment has been levied, the amount of Assessment per Lot, the total amount of the Assessment owed by each member, and the fact that the Assessment is due on January 1 of the approaching calendar year.

It is provided, however, that the failure of the Association to make an Assessment prior to December 1 of any year for the approaching fiscal year shall not invalidate any such Assessment subsequently made for that fiscal year; nor shall the failure to make an Assessment for any one year affect the right of the Association to do so for any subsequent year. In the event that an Assessment is made later than thirty-one (31) days prior to the beginning of the fiscal year to which it applied, then the Assessment shall be due and payable not later than thirty (30) days from the date that the notice of the Assessment is mailed to the member. Said Assessment shall be delinquent thirty (30) days after such Assessment is due and payable.

6.4 [Lien on Real Estate. All Assessments shall be the personal obligations of the Association member, and the Assessment shall become delinquent and constitute a lien on the Lot for which the Assessment is owed thirty (30) days after the date on which the Assessment is due and payable as set forth in section 6.3. In the event that any property owner fails to pay the Assessment on or before the date it becomes delinquent, then such Assessment shall bear interest at the greater of the rate of then percent (10%) per annum or the "Market Rate," as defined by applicable Missouri Statute, determined as of the date when such Assessment shall first become delinquent.]

6.4 Lien on Real Estate. All Assessments shall be the personal obligations of the Association Member, and the Assessment shall become delinquent and constitute a lien on the lot for which the Assessment is owed thirty (30) days after the date on which the Assessment is due and payable as set forth in Section 6.3. In the event that any property owner fails to pay the Assessment on or before the date it becomes delinquent, then such Assessment shall bear interest at the greater of the rate of ten percent (10%) per annum or the "Market Rate", as defined by applicable Missouri Statute, plus an additional $15.00 per month, determined as of the date when such Assessment shall first become delinquent. [Note: Amended 12/5/2000].

Assessments not paid within thirty (30) days from the date the Assessment is due and payable shall be delinquent and payment of both principal and interest may be enforced as a lien on the owner's Lot in proceedings in any court in Clay County, Missouri, having jurisdiction of suits for the enforcement of such liens. Lien amounts shall include attorney's fees, court costs, and any other related costs incurred. If the property subject to the lien is sold before the Assessment is paid, the buyer shall be liable for the Assessment. Any unsatisfied liens shall "Run With The Land." It shall be the duty of the Association to bring suit to enforce such liens as soon as they become delinquent.

Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof.

6.5 Termination of Liens. Assessment liens shall continue for the period of one (1) year from the date upon which they become delinquent, and no longer; provided, however, that if, within the period of one (1) year from the date of delinquency, suit shall have been instituted for the the collection of the Assessment, such liens shall continue until the termination of the suit, and until the sale of property under execution of the judgment establishing it.

6.6 Limitation on the amount of expenditures. The Association shall at no time spend or contract to spend within any one year an amount which exceeds the total amount of Assessment for that particular year and any surplus which the Association may still hold from previous Assessments.

6.7 Special Assessment to pay the cost of construction of facilities or improvements to Association Property. The Association shall have the power to levy Assessment against the Lots subject to this Declaration for the purpose of constructing improvements or facilities on Association Property; provided that the construction of such facility or improvement must be first approved by the Members of the Association in the manner set forth in section 5.3 hereof.

Special Assessments levied by the Association under this section shall become due and payable thirty (30) days after written notice to each member at such member's last known address stating the amount of the Assessment against each Lot, the total number of Lots for which the member is being assessed, the total amount of the Assessment due from such member, and that the Assessment is due and payable thirty (30) days after the date of the notice.

Special Assessments levied under this section shall be the personal obligation of the Association Member, and the Assessment shall become delinquent and shall be a lien on the Lot of each member against whom the Assessment has been levied thirty (30) days after the date upon which the Assessment is due and payable. In the event an owner fails to pay a special Assessment before the date on which the Assessment becomes delinquent, then the Assessment shall bear interest at the greater of the rate of ten percent (10%) per annum or the "Market Rate," as defined by applicable Missouri Statute, determined as of the date when such Assessment shall first become delinquent. After a special Assessment is delinquent, payment of both principal and interest may be enforced as a lien on the Lot of such member in any court in Clay County, Missouri, having jurisdiction for the enforcement of such liens. Lien amounts shall include attorney's fees, court costs, and any other related costs incurred. If the property subject to the lien is sold before the Assessment is paid, the buyer shall be liable for the Assessment. Any unsatisfied liens shall "Run With the Land."

Article VII: Additional Powers Given to the Association

[The Association may be given such additional powers as may be desired by the Members and any portion of this instrument may be amended by the affirmative vote of a two-thirds (2/3) majority of Members of the Association, as evidenced by a written instrument executed, acknowledged and recorded in the Office of the Recorder of Deeds of Clay County, Missouri, voter eligibility is defined in Article II hereof, and the vote referred to herein shall be taken at either the annual or a special meeting of the Members.]

The Association may be given such additional powers as may be desired by the Members and any portion of this instrument may be amended by the affirmative vote of (51%) majority of Members of the Association in person or proxy at any annual meeting provided that the place, date and hour of the meeting and the proposed amendment has been delivered to each member of the Association not less than fifteen (15) days prior to the meeting and such amendment shall be evidenced by a written instrument executed, acknowledged and recorded in the Office of the Recorder of Deeds of Clay County, Missouri, voter eligibility is defined in Article II hereof, and the vote referred to herein shall be taken at either the annual or a special meeting of the Members. [Note: Amended 12/5/2000]

Article VIII: To Observe All Laws

The Association shall at all times observe all State, County and other laws. If at any time any of the provisions of this agreement shall be found in conflict with the laws of the State, County or any other duly constituted authority, then such provisions shall become null and void. However, other provisions of this agreement, not in conflict with the laws of any duly constituted authority, shall not be affected.

Article IX: Covenants Running with the Land

All the provisions of this Declaration shall be deemed to be Covenants running with the land, and shall be binding upon the parties hereto and upon their heirs, successors, and assigns.

Article X: Special Meetings

[Special meetings of the Members of the Association may be called by the president of the Board of Directors of the Association or by that proportion of the Members of the Association entitled to cast one-twentieth (1/20) of the votes which can be voted at such meeting. If a special meeting is to be held, written or printed notice stating the place, day and hour of the meeting and the purpose or purposes for which the meeting is called shall be delivered to each member of the Association, either personally or by mail, not less than five (5) nor more than forty (40) days before the date of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.]

Special meetings of the Members of the Association may be called by the president of the Board of Directors of the Association or by that proportion of the Members of the Association entitled to cast one-twentieth (1/20) of the votes which can be voted at such meeting. If a special meeting is to be held, written or printed notice stating the place, day and hour of the meeting and the purpose or purposes for which the meeting is called shall be delivered to each member of the Association, either personally or by mail, not less than five (5) nor more than forty (40) days before the date of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast 51% of all the votes of the membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. [Note: Amended 12/5/2000]

Article XI: Termination

This Declaration may be terminated, and all of the land now or hereafter affected may be released from all of the terms and provisions of this Declaration by an affirmative vote of Owners constituting two-thirds (2/3) of the total number of eligible votes as defined in Article II. This Declaration shall be terminated if the Owners constituting two-thirds (2/3) of the total number of eligible votes as defined in Article II execute and acknowledge an apropriate agreement or agreements for that purpose and file the same in the Office of the Recorder of Deeds of Clay County, Missouri.

In witness whereof, New Mark First Pool Association, by the authority of its Board of Directors, has caused these presents to be executed by its president and its corporate seal to be hereto affixed.

S/S
Lee C. Magnuson, President

(seal)

S/S
Willy Vanderhoorn

Acknowledgment

I, Willy Vanderhoorn, duly elected secretary and keeper of the records and corporate seal of New Mark First Pool Association, A Missouri Corporation organized and operating pursuant to the provisions of the "General Not For Profit Corporation Law" of the State Of Missouri (Chapter 355 of Missouri Revised Statutes), do hereby certify that at an annual meeting of Members, duly called by the Board of Directors pursuant to notice as to place, day, and hour, and specific purposes thereof according to the provisions of the Missouri Revised Statutes, and the requirements of the By-Laws, and held on January 10, 1982, a quorum of Members entitled to vote was present in person or by proxy and did vote to amend the New Mark First Pool Association Declarations and its amendments in the above-stated respects.
In witness whereof, I have affixed the corporate seal hereto, as secretary, this 12th day of January, 1982.
S/S
Willy Vanderhoorn, Secretary
New Mark First Pool Association
A Missouri Not-For Profit Corporation

State of Missouri )
) SS.
County of Clay )

On this 12th day of January, 1982, before me appeared Willy Vanderhoorn, to me personally known, who being by me duly sworn, did say that she is the Secretary of New Mark First Pool Association, a Missouri Not-For-Profit Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation by authority of its Board of Directors, and said Willy Vanderhoorn acknowledged said instrument to be the free act and deed of said corporation.
In witness whereof, I have hereunto set my hand and affixed my notarial seal at my office in Clay County, Missouri, the day and year last above written.
S/S
Kathleen M, Engle, Notary Public

My Commission Expires:
December 3, 1985