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MOSS & BARNETT <br />A PROFESSIONAL ASSOCIATION <br />Page 2 <br />February 16, 1993 <br />amendment to the general declaration is to be reflected as a memorial on all <br />five Certificates of Title which are involved in this development (the two <br />Evans Certificates of Title, and the Certificates for parts of the parcels <br />owned by Mr. and Mrs. Perkins, Mr. and Mrs. Harren, and the newly formed <br />Landmark Drive Homeowners Association). The amendment to the road declaration <br />will be reflected as a memorial on the Certificates of Title covering the two <br />newly replatted Evans buildable lots, part of the Perkins property, and part <br />of the road parcel owned by the Association. <br />We have deposited in our trust account today two checks, totalling <br />$12,500.00, pursuant to an escrow arrangement with Mr. Burger's counsel. A <br />copy of my letter and Mr. MacKinnon's response thereto, confirming that <br />arrangement, is enclosed to each of you for your information. <br />The members of the Homeowners Association will need to hold an <br />organizational meeting and elect directors, and those directors will need to <br />elect officers of the Homeowners Association. I suggest that you proceed <br />promptly to do this in order that the Homeowners Association will be fully <br />functional. Messrs. Evans, Harren and I have been serving initially as <br />Directors of the Homeowners Association, and initially Mr. Evans is serving as <br />President, Mr. Harren is serving as Vice President and Treasurer, and I am <br />serving as Secretary, of the Homeowners Association. Each of us has resigned <br />our directorship and officership positions, effective as of the commencement <br />of the initial meeting of the members of the Association. I have provided <br />copies of the Articles of Incorporation and Bylaws of the Association, and the <br />initial Resolutions of the Directors of the Homeowners Association and the <br />Resignation of the Directors and Officers, to Messrs. Harren and Evans. <br />Although it appears that the hardest work is now completed, there are <br />still some loose ends which will need attention. <br />First, the Homeowners Association has fee title to the road parcel, but <br />that parcel is still subject to a recorded contract for deed in favor of <br />Landmark Construction, Inc., and Landmark still has a mortgage of record <br />against the property in favor of Builders Development & Finance, Inc. Mr. <br />MacKinnon has requested that the Trustee in Bankruptcy for Landmark abandon <br />the property and the rights of Landmark under the original general <br />declaration. When that is completed it will be necessary to obtain and record <br />a conveyance of those rights and that interest in the road parcel from <br />Landmark Construction to the Association, and a release or satisfaction of the <br />mortgage. <br />Another matter yet to be completed is that I will need a federal taxpayer <br />identification number for the Association. I understand that Mr. Harren is <br />applying for that number and will provide it to me when it is available. <br />A third item requiring attention is that <br />apparently do not have a record interest in their <br />them to urge them to attend to that promptly. <br />Dr. and Mrs. Kyle still <br />property, and I have written