DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 55

ARTICLE XIII (cont.)

(d) (cont.)
Beneficiary fails to submit a response to the notice within thirty (30) days after the Beneficiary receives the notice.

(e)  A copy of each amendment must be certified by at least two (2) Association officers. The amendment becomes effective when a Certificate of Amendment is Recorded. The Certificate, signed and sworn to by two (2) Association officers that the requisite number of Owners and Mortgagees have either voted for or consented in writing to any amendment adopted as provided above, when Recorded, is conclusive evidence of that fact. The Association shall maintain in its files the record of all such votes or written consents for at least four (4) years. The certificate reflecting any termination or amendment which requires the written consent of any of the Beneficiaries of first Mortgages must include a certification that the requisite approval of such first Mortgagees has been obtained.

(f)  Notwithstanding any other provisions of this Section 13.2, at any time prior to the first Close of Escrow in Phase 1, Declarant may unilaterally Amend or terminate this Declaration by Recording a written instrument which effects the amendment or termination and is signed and acknowledged by Declarant.

(g)  Notwithstanding any other provisions of this Section 13.2, for so long as Declarant owns any portion of the Property or the Annexable Territory, Declarant may unilaterally amend this Declaration by Recording a written instrument signed by Declarant in order to conform this Declaration to the requirements of VA, FHA, DRE, FNMA, GNMA or FHLMC.

13.3.  Protection of Declarant.
Declarant's prior written approval is required for any amendment to the Restrictions which would impair or diminish Declarant's rights to complete the Property or sell or lease Condominiums therein in accordance with this Declaration. Notwithstanding any other provisions of the Restrictions, until such time as (i) Declarant is no longer entitled to add Annexable Territory to the Property without the consent of the Association pursuant to Section 16.1, or (ii) Declarant no longer owns any Condominiums in the Property, whichever occurs last, the following actions, before being undertaken by the Association, must first be approved in writing by Declarant:

(a)  Any amendment or action requiring the approval of first Mortgagees pursuant to this Declaration, including without limitation all amendments and actions specified in Sections 13.2;

(b)  The annexation to the Property of real property other than the Annexable Territory pursuant to Section 16.2;

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