This Third Amendment to the Declaration of Protective Covenants, Conditions and Restrictions for South Hills POD 4 (hereinafter “Third Amendment”), hereby amends that certain Declaration of Protective Covenants, Conditions and Restrictions for South Hills POD 4, recorded on March 13, 2018 in the Salt Lake County Recorder’s Office, as Entry No. 12732616, as amended, and is hereby adopted by the Board of Directors for South Hills Pod 4 Homeowners Association, Inc. (“Association”), for and on behalf of its members, and made effective as of the date recorded in the Salt Lake County Recorder’s Office.

RECITALS:​     

     A.    This Third Amendment affects and concerns certain real property located in Salt Lake County, Utah, and more particularly described in the attached Exhibit “A” (“Property”).

     B.    On or about March 13, 2018, the Declaration of Protective Covenants, Conditions and Restrictions for South Hills POD 4 was recorded in the Salt Lake County Recorder’s Office, as Entry No. 12732616, as amended (“Declaration”).

     C.    On or about July 20, 2018, the First Amendment to Declaration of Protective Covenants, Conditions and Restrictions for South Hills POD 4 was recorded in the Salt Lake County Recorder’s Office, as Entry No. 12814577 (“First Amendment”).

     D.    On or about September 26, 2018, the Second Amendment to Declaration of Protective Covenants, Conditions and Restrictions for South Hills POD 4 was recorded in the Salt Lake County Recorder’s Office, as Entry No. 12856381 (“Second Amendment”).

 

CERTIFICATION
By signing below, the Board hereby certifies that pursuant to Utah Code § 57-8a- 104(1) and Section 11.2 of the Declaration, the Association has obtained the affirmative vote of at least sixty-seven (67%) of the Owners at the election.

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NOW, THEREFORE, pursuant to the foregoing, the Board hereby make and execute this Third Amendment, which shall be effective as of its recording date.

COVENANTS, CONDITIONS AND RESTRICTIONS

     1.   Recitals. The above Recitals are incorporated herein by reference and made a part hereof.
     2.   No Other Changes.  Except as otherwise expressly provided in this Third Amendment, the Declaration remains in full force and effect without modification. 

     3.   Conflicts. In the case of any conflict between the provisions of this Third Amendment and the provisions of the Declaration, the provisions of this Third Amendment shall in all respects govern and control. In the case of any existing provision with the Declaration that could be interpreted as prohibiting the modifications set forth in this Third Amendment, such provision is hereby modified to accomplish the purpose and intent of this Third Amendment.