Official Records of Coconino County 3562252

Candace Owens - Recorder 05/20/2010 12:44 PM Pgs: 4

STOOPS DENIOUS WILSON & MURRAY SR $14.00
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When recorded return to:

MICHAEL T. DENIOUS
STooPs DENIOUS WILSON & MURRAY PLC
350 EAST VIRGINIA AVENUE, SUITE 100
PHOENIX, AZ 85004

AMENDMENT TO DECLARATION
OF MASTER COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
FLAGSTAFF RANCH GOLF CLUB RESIDENTIAL COMMUNITY

RECITALS

A. FLAGSTAFF RANCH GOLF CLUB, an Arizona limited liability

company ("Golf Club") was previouslydesignatedas the successorDeclarantunder that
DeclarationOf Master Covenants, ConditionsAnd Restrictions For FlagstaffRanch Golf
Club ResidentialCommunity, on December 22, 2001, atDocket 3122291, recordsof the
Coconino County Recorder (the"Master Declaration"), pursuantto thatAssignment and
Assumption of DeclarantRights recorded February 22, 2009 atDocket 3514391, records
of the Coconino County Recorder; againstthat realproperty described therein,which
ishereby incorporatedby referenceas iffullyrestated
description herein.

B. RMS Famil , L.L.C.,an Arizona limitedliabili com an "RMS" has

taken assignment of all Declarant rightsfrom Golf Club pursuant to that Collateral
Assignment of Declarant's Rights recorded February 20, 2009 at Docket 3514397,
recordsof the Coconino County Recorder; and as such, pursuant to Section4.7 of the
Master Declaration,holds allmembership and voting rightsof Declarantas ifheld by
Declarant.

C. ArticleXX, Section20.5 of the Master Declarationprovidesthatuntilthe

TransitionDate as identified therein,Declarantreservesthe rightto unilaterally amend
the Master Declarationwithout the approval of the Board or the Members as identified
therein. In addition,however, this amendment is done upon majority vote of the
Members of Golf Club, such vote having been solicited by letterdated November 6,
2009, and ballotshaving been duly provided to each of the Members entitled to vote.

D. Golf Club and RMS execute and record thisAmendment to Declaration

Of Master Covenants, Conditions And RestrictionsFor FlagstaffRanch Golf Club
ResidentialCommunity (this"Amendment") pursuant to ArticleXX Section20.5 of the
Master Declaration,prior to the TransitionDate, for the purpose of amending the
of the "TransitionDate" under ArticleIV Section4.3(b).
definition

AMENDMENT

1. Any terms capitalized hereinshallhave the meaning assignedto itin the

Master Declaration;and ifnot expresslyassigned in the Master Declaration,shallhave
the meaning assigned to itin that Declarationof Golf Club Easement and Restriction
recordedDecember 22, 2001, Docket 3122290, recordsof the Coconino County Recorder
(the"Golf Club Easement Agreement").

2. Article IV of the Master Declarationis hereby amended by deleting

Section4.3 subsection(b) and subparts(1),(2) and (3) thereofin theirentirety, and
restatingSection4.3(b)to stateas follows(forpurposes of clarity
Section4.3(a)shallnot
be affectedby thisamendment):

[4.3 Membership Voting

(b) Class B. Until converted to Class A Memberships as provided

below, each Membership owned by Declarantshallbe a Class B Membership. At
the time of any vote by the Members of the Master Association,Declarantshall
be entitledto one vote foreach Class B Membership held by Declarant. Class B
Memberships shallcease and be convertedto Class A Memberships on December
31.,2012 (hereinreferredto as the "TransitionDate").

3. Any and allotherreferencesto "TransitionDate" inthe Declarationand/or

any relateddocuments shallmean December 31, 2012. The TransitionDate as amended
shallnot be subjectto any exceptionsor earlier event(s)as may be describedin
triggering
any otherdocuments, includingthe recordedDeclarationand/orrelatedinstruments.
 IN WITNESS WHEREOF, thisAmendment isduly executed as of the dateset
forthbelow.

FLAGSTAFF RANCH GOLF CLUB, an Arizona nonprofitcorporation

Es:

RMS F . C., an Arizo a limit liability

company

By:
obertM. Semple
Its: Manager

SARAH LYNN VETTER

Public.
Notary ofArizona
State
STATE OF ARIZONA ) Maricop.county
MyCommission
Expires
) ss- Me 84 2011
County of Maricopa )

The foregoing instrumentwas acknowledged before me the undersigned

to me to be the person whose
Notary Public,personallyappeared James Peyman, known
name is subscribedto the foregoing Amendment, and acknowledged thathe executed
same inthe capacityand forthe purposes thereinstated.

IN WITNESS WHEREOF, I hereunto set my hand and official

sealthis
13 dayof he ,2010.

No at P blic
My commission expires: rn a ^LT p <\
 SARAH LYNN VETTER
Notary
Public.
8tate
ofArizona
Maricopa
STATE OF ARIZONA ) . Courdy
ss. uyMq *20
)
County of Maricopa )

The foregoing instrumentwas acknowledged before me the undersigned

Notary Public,personallyappeared Robert M. Semple, known to me to be the person
whose name is subscribed to the foregoing Amendment, and acknowledged that he
executedsame in the capacityand forthe purposes thereinstated.

IN WITNESS WHEREOF, I hereunto set my hand and official

sealthis
13 dayof ha ,2010.

Not y Pbc
My commission expires: 4 4. ..coq