This Second Supplement to the Deed of Restrictions of Westminster Place ("Second Supplement") is made and entered into as of the ___ day of _______ 1997 by and between those owners of real estate fronting on Westminster Place in City Block 4907B and 5051 B of the City of St. Louis, Missouri, from the west line of Kingshighway Boulevard to the east line of Lake Avenue who have subscribed hereto (the "Owners") and William Chapman, Mary Kay Gabriel, Arthur Littlefield, Lauren Plummer, Debra Shrout, Richard Todd and John Wright, as trustees (the "Trustees").
WHEREAS, various but not necessarily all of the parcels of real estate fronting on Westminster Place in City Block 4907B and 5051B of the City of St. Louis, Missouri from the west line of Kingshighway Boulevard to the east line of Lake Avenue (the "Lots") are subject to a Deed of Restrictions of Westminster Place dated as of June 24, 1957, as supplemented to the date hereof (the "Deed of Restrictions").
WHEREAS, the Owners are the owners of certain but not all of the Lots (such Lots owned by the Owners, the "Subscribed Lots"), and the Trustees are currently acting as such pursuant to the Deed of Restrictions.
WHEREAS, it is the desire of the parties hereto, for their mutual benefit and advantage, to further the purpose and intent of the Deed of Restrictions by the execution and delivery of this Second Supplement.
NOW, THEREFORE, the Owners and the Trustees hereby declare that each of the Subscribed Lots is hereby made subject to the following restrictions, covenants and conditions. These restrictions, covenants and conditions shall run with the Subscribed Lots and shall be binding on all parties having or acquiring any right, title or interest in the Subscribed Lots or any part thereof, and shall inure to the benefit of each owner of any Subscribed Lot.
1. Subsection 7 of the Deed of Restrictions shall be supplemented to contain the following:
|These restrictions shall remain in full force and effect for an additional twenty (20) years from June 1 1997 after which time such restrictions shall be automatically extended in perpetuity for successive periods of twenty (20) years, unless a majority of the current trustees under the Deed of Restrictions and the persons owning the majority of the Subscribed Lots shall execute and cause to be recorded an instrument to evidence their election that said restrictions shall be terminated. which election shall be made and said document recorded at least six (6) months prior to the expiration of the then current term thereof.|
2. The Deed of Restrictions shall be supplemented to contain the following Subsection 11:
|The terms, covenants, restrictions and conditions of the Deed of Restrictions may be amended or supplemented at any time upon the execution of an instrument by a majority of the current trustees under the Deed of Restrictions and the persons owning not less than seventy-five (75) percent of the Subscribed Lots and the recording of such instrument. Each such amendment or supplement shall be binding upon, and inure to the benefit of, all Subscribed Lots and the owners thereof.|
3. The covenants and restrictions of this Second Supplement shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Owners and shall inure to the benefit of and be enforceable by the owners of each Subscribed Lot and their respective legal representatives, heirs, successors and assigns.
4. Nothing in this Second Supplement shall affect the rights and obligations of the owners of any of the Lots that are not Subscribed Lots, and the provisions of the Deed of Restrictions not affected hereby shall remain in full force and effect.
5. This Second Supplement shall be effective only after it has been signed by Owners representing at least _______ Lots. Upon the effectiveness of this Second Supplement, from time to time a majority of the current trustees under the Deed of Restrictions and owners of other Lots to which this Second Supplement is not applicable may each execute and cause to be recorded an instrument in substantially the form of this Second Supplement, and effective upon such execution and recording, such Lots shall be Subscribed Lots and the owners of the Subscribed Lots shall be Owners for purposes of this Second Supplement.