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EXHIBIT 3.0
WHEN RECORDED, RETURN TO: 31248-01000:022497:SCM:2
AMENDMENT NO. 4
TO THE
AMENDED AND RESTATED DECLARATION OF TRUST
OF
NATIONAL INCOME REALTY TRUST
(formerly CONSOLIDATED CAPITAL INCOME TRUST)
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The Amended and Restated Declaration of Trust dated June 15, 1987 for
NATIONAL INCOME REALTY TRUST (formerly Consolidated Capital Income Trust),
recorded on July 29, 1987 as Instrument No. 87-212433 in the Alameda County,
California Records, as amended by Amendment No. 1 effective June 22, 1989,
recorded July 13, 1989 as Instrument No. 89-188235 in the Alameda County,
California Records, as further amended by Amendment No. 2 effective March 22,
1990, recorded on April 11, 1990, as Instrument No. 90-098391 in the Alameda
County, California Records, as further amended by Amendment No. 3 effective
June 3, 1992, recorded June 29, 1992 as Instrument No. 92-210806 in the Alameda
County, California Records (collectively, the "Declaration of Trust"), is
hereby further amended as follows, such amendments having been approved by
shareholders holding a majority of the outstanding Shares of Beneficial
Interest entitled to vote thereon at a meeting held on March 20, 1997:
Subpart (l) of Section 3.2 of the Declaration of Trust is amended to
read in its entirety hereafter as follows:
"(l) to enter into joint ventures, general or limited
partnerships, and any other lawful combinations or associations,
create, acquire or invest in any business entity (including a
corporation whether or not a wholly-owned subsidiary or REMIC), and to
purchase, receive, subscribe for, or otherwise acquire, own, hold,
vote, use, employ, mortgage, lend, pledge, sell or otherwise dispose
of, and otherwise use and deal in and with, securities, shares or
other interests in, or obligations of, domestic or foreign
corporations, associations, partnerships, limited liability companies,
other real estate investment trusts, or individuals, direct or
indirect obligations of the United States or of any other government,
state, territory, government district, or municipality, or any
instrumentality thereof, and to be an organizer, partner, member,
associate, equity owner, equity participant or manager of any
partnership, joint venture, limited liability company or other
enterprise, and to the extent permitted in any other jurisdiction, to
be an incorporator of any other corporation of any type or kind."
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The following provisions are added to Section 3.2 as additional
subparts (w) through (y), with the existing last subpart to be re-numbered (z)
as follows:
"(w) to purchase or otherwise acquire its own bonds,
debentures, certificates, or other evidences of indebtedness or
obligations for its own Shares and hold those acquired Shares as
Treasury Shares or cancel or otherwise dispose of those acquired
Shares and to redeem or purchase Shares made redeemable by the
provisions of this Declaration, if any.
"(x) to engage in any and all activities that are mandated,
authorized or permitted by sections of the Internal Revenue Code of
1986, as amended, or any successor statute, that relate to or govern
real estate investment trusts or the regulations adopted under that
law.
"(y) whether included in the foregoing or not, to have and
exercise all powers necessary or appropriate to effect any or all of
the purposes for which this Trust is organized.
"(z) (renumbered from [w]) to do all other such acts and
things as are incident to the foregoing, and to exercise all powers
which are necessary or useful to carry on the business of the Trust;
to promote any of the purposes for which the Trust is formed, and to
carry out the provisions of this Declaration."
Subpart (d) of Section 5.3 is repealed and deleted and replaced with
the following language:
"(d) deleted;"
Subpart (e) of Section 5.3 is repealed and deleted and replaced with
the following language:
"(e) deleted;"
Subpart (g) of Section 5.3 is repealed and deleted and replaced with
the following language:
"(g) deleted;"
Subpart (o) of Section 5.3 is repealed and deleted and replaced with
the following language:
"(o) deleted;"
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IN WITNESS WHEREOF, the undersigned have executed this Amendment No. 4
as of March 20, 1997, in one or more counterparts, each of which shall be
deemed an original and all of which, together, constitute but one and the same
instrument.
/s/ IRVING E. COHEN
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Irving E. Cohen, Trustee
/s/ WILLIAM S. FRIEDMAN
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William S. Friedman, Trustee
/s/ SALLY HERNANDEZ-PINERO
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Sally Hernandez-Pinero, Trustee
/s/ DAN L. JOHNSTON
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Dan L. Johnston, Trustee
/s/ LANCE LIEBMAN
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Lance Liebman, Trustee
/s/ LAWRENCE G. SCHAFRAN
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Lawrence G. Schafran, Trustee
/s/ RAYMOND V. J. SCHRAG
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Raymond V. J. Schrag, Trustee
/s/ CARL B. WEISBROD
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Carl B. Weisbrod, Trustee
THE STATE OF NEW YORK )
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me on
March 20, 1997, by Irving E. Cohen.
/s/ LAWRENCE S. HARTMAN
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Notary Public, State of
--------------
My commission expires:
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LAWRENCE S. HARTMAN
Notary Public, State of New York
No. 02HA5062161
Qualified in Kings County
Commission Expires June 24, 1998
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THE STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me on March 20, 1997,
by William S. Friedman.
/s/ LAWRENCE S. HARTMAN
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Notary Public, State of New York
My commission expires:
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THE STATE OF NEW YORK ) LAWRENCE S. HARTMAN
) Notary Public, State of New York
COUNTY OF NEW YORK ) No. 02HA5062161
Qualified in Kings County
Commission Expires June 24, 1998
The foregoing instrument was acknowledged before me on March 20, 1997,
by Sally Hernandez-Pinero.
/s/ LAWRENCE S. HARTMAN
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Notary Public, State of
--------------
My commission expires:
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THE STATE OF NEW YORK ) LAWRENCE S. HARTMAN
) Notary Public, State of New York
COUNTY OF NEW YORK ) No. 02HA5062161
Qualified in Kings County
Commission Expires June 24, 1998
The foregoing instrument was acknowledged before me on March 20, 1997,
by Dan L. Johnston.
/s/ LAWRENCE S. HARTMAN
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Notary Public, State of
--------------
My commission expires:
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LAWRENCE S. HARTMAN
Notary Public, State of New York
No. 02HA5062161
Qualified in Kings County
Commission Expires June 24, 1998
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THE STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me on March 20, 1997,
by Lance Liebman.
/s/ ALYSSA J. ZIMMERMAN BASSETT
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Notary Public, State of New York
My commission expires:
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ALYSSA J. ZIMMERMAN BASSETT
Notary Public, State of New York
No. 4980637
Qualified in New York County
Commission Expires April 22, 1997
THE STATE OF MARYLAND )
)
COUNTY OF HARVARD )
The foregoing instrument was acknowledged before me on March 28, 1997,
by Lawrence G. Schafran.
/s/ LINDA M. MASON
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Notary Public, State of Maryland
My commission expires:
3/2/99
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THE STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me on March 28, 1997,
by Raymond V. J. Schrag.
/s/ ROBERTA YATES
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Notary Public, State of
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My commission expires:
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ROBERTA YATES
NOTARY PUBLIC, STATE OF NEW YORK
No. 24-4661458
Qualified in Kings County
Term Expires 12/31/97
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THE STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me on March 20, 1997,
by Carl B. Weisbrod.
/s/ LAWRENCE S. HARTMAN
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Notary Public, State of
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LAWRENCE S. HARTMAN
Notary Public, State of New York
No. 02HA5062161
Qualified in Kings County
Commission Expires June 24, 1998
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