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<br />The directors shall cause a list of delinquencies to be <br />prepared each year as of the annual meeting and record the <br />same by last known names of owners of record as set forth in <br />the Auditor's Office, said list to be filed in the Office of <br />the Marion County Recorder. The priority of any lien herein <br />shall be second and junior to any purchase money mortgage <br />applicable to any particular lot. Actions to enforce such <br />lien may be by the _ Board of Directors or their designated <br />officers, which shall consist of a President, and Secretary-. <br />Treasurer. <br /> <br />22. These covenants and restrictions may be amended by vote <br />of two-thirds of the voting members and the consent of the <br />developer so long as it owns any unsold lots; all as recorded in <br />the records of the Recorder's Office. <br /> <br />SWINNEY BROTHERS EXCAVATING, INC. <br /> <br />STATE OF INDIANA <br /> <br />SS: <br /> <br />COUNTY OF MORGAN <br /> <br />Before me, a Notary Public, in and for said County and State, <br />personally appeared Daryl Swinney, as President of Swinney Brothers <br />Excavating, Inc., who acknowledged the execution of the foregoing <br />~nd who, having been duly sworn I stated that any representations <br />contained therein are true. <br /> <br />WITNESS my hand and Notarial Seal this <br />1998. <br /> <br />day of <br /> <br />My Commission Expires: <br /> <br />(Signature) <br />(printed) <br /> <br />Resident of <br /> <br />Co. I Ind. <br /> <br />~ <br />