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HomeMy WebLinkAboutDivided Senior Living Condominium MD draft of 2-4-21draft of 2-4-21 NOTE: This Document is subject to Revisions prior to recording with the Barnstable County Registry of Deeds WISE LIVING AT YARMOUTH CONDOMINIUM DIVIDED PRIMARY UNIT MASTER DEED Maclyn, LLC, Massachusetts limited liability company with a principal place of business located at 822 Route 28 Main Street, South Yarmouth, Massachusetts 02664 (hereinafter with its successors and assigns called the “Declarant”), being the owner of the Primary Unit 2 (Primary Senior Living Unit) in the 822-834 Main Street Condominium, a condominium created by Master Deed dated _______________ (the “Primary Condominium”) recorded with the Barnstable County Registry of Deeds (the “Registry”) in Book _________, Page __________ (the “Primary Condominium Master Deed”) which Primary Condominium is located on the land with the building(s) thereon in Yarmouth, Barnstable County, Massachusetts which land is more fully described in Section 2 below (the “Land”), by duly executing and recording this Divided Primary Unit Master Deed (the “Divided Primary Unit Master Deed”, or (“Master Deed”), in accordance with and subject to the requirements of the Primary Condominium Master Deed, does hereby submit said Unit 2 (Primary Senior Living Unit), together with the improvements now or hereafter erected therein, and all easements, rights and appurtenances belonging thereto (hereinafter collectively called the “Property”), to the provisions of Chapter 183A of the General Laws of Massachusetts (as from time to time amended, hereinafter referred to as “Chapter 183A”) and does hereby state that Declarant proposes to create, and does hereby create a Divided Primary Unit Condominium with respect to Unit 2 of the Primary Condominium to be governed by and subject to the provisions of Chapter 183A and the Primary Condominium Master Deed and the Primary Condominium Trust, as from time to time amended. 1. Name of Condominium and Trust Through Which Managed. The name of the Condominium shall be the WISE LIVING AT YARMOUTH CONDOMINIUM (hereinafter sometimes referred to as the “Condominium”). A Trust through which the Unit Owners will manage and regulate the Condominium has been established under the name of WISE LIVING AT YARMOUTH CONDOMINIUM TRUST under a Declaration of Trust to be recorded herewith (hereinafter sometimes referred to as the “Trust”). All Unit Owners are cestuis que trustent (beneficiaries) of said Trust in proportion to their respective Beneficial Interests. The name and address of the original trustee thereof is as follows: draft of 2-4-21 2 Wise Living, LLC 935 Main Street Chatham, MA 02633 The trustee(s) of the Trust are hereinafter (collectively, if more than one) referred to as the “Trustees”, which term shall include their successors in trust. The terms of said Declaration of Trust have been enacted as, and comprise the By-Laws of, the Trust provided for in Chapter 183A. The Condominium and the Units and Unit Owners are subject to the Primary Condominium Master Deed and the Primary Condominium Trust, as from time to time amended. 2. Description of Land. The Condominium is located within the Primary Condominium which is located on certain parcel(s) of land on Main Street (Route 28), Yarmouth, Barnstable County, Massachusetts more particularly described in Exhibit A attached hereto and made a part hereof, which land is subject to and with the benefit of easements, restrictions, and other matters of record and as noted in Exhibit A. 3. Description of Building. The Condominium consists of the Unit 2, the Primary Senior Living Unit, of the 822-834 Main Street Condominium, which condominium is comprised of one building two stories (2) stories above grade, located at 822 Main Street, Yarmouth, Barnstable County, Massachusetts, constructed principally of concrete slab foundation, wood framing with supplementary structural steel, wood studs and drywall, concrete flooring, asphalt and rubber roof, and stone shingle, clapboard and vinyl exterior siding (the “Building”), as set forth in the Primary Condominium Master Deed and as shown on the Plans recorded herewith, and containing three (3) divided Senior Living units (the “Units”). 4. Plans. Simultaneously with the recording hereof there has been recorded a set of the floor plans of the second floor of the Building entitled “_____________________” and prepared by _______________________, showing the layout, location, Unit numbers and dimensions of the Units, stating the name of the Building(s) or that it has no name, and bearing the verified statement of a registered architect certifying that the plans fully and accurately depict the layout, location, Unit numbers and dimensions of the Units as built (the “Floor Plans”) consisting of _________sheet(s). Reference is also made to the plans recorded with the Primary Condominium (822-834 Main Street Condominium) which designates and shows the full Building and also any limited common elements that are exclusive to or shared by Primary Unit 1and Primary Unit 2, draft of 2-4-21 3 and the Plans recorded with the Primary Condominium are hereinafter collectively referred to as the “Plans.” 5. Designation of Units and Their Boundaries. (a) The Units. The Units comprising the Condominium Units and the designations, location, approximate area, Common Elements (as hereinafter defined) immediately accessible therefrom, exclusive use area(s), and the percentage interest of each Unit in the Common Elements (the “Beneficial Interests”) are as set forth in Exhibit B attached hereto and made a part hereof, and as shown on the Plans. The owner or owners of a Unit are hereinafter (jointly, if more than one) referred to as the “Unit Owner.” The determination of each Unit’s Beneficial Interest is based upon the approximate relation that the fair value of the Unit on the date of this Master Deed bears to the then aggregate fair value of all of the Units in the Condominium. Except as explicitly approved and directed by the Trustees, each Unit Owner may not at any time and from time to time change the use and designation of any room or space within such Owner’s Unit, and any such approval will be subject always to provisions of Sections 9 hereof. (b) Boundaries of Units. The boundaries of each of the Units with respect to the floors, ceilings, and the walls, doors and windows thereof are as follows: Unit 2B and Unit 2C Boundaries: The boundaries of the Units are as follows: (i) Floors: The unfinished upper surface of the concrete flooring facing the Unit; (ii) Ceiling: The plane of the lower surface of the ceiling joists or strapping, if there be any, above the ceiling, or, if none, the plane of the lower surface of the floor slab or roof slab above the ceiling (iii) Interior Walls Between the units and common areas the centerline within the walls between common areas (iv) Exterior and Demising Walls: The plane of the exterior surface of the furring strips; or if there be no furring strips, then the plane of the exterior surface of the wall studs (iv) Doors and draft of 2-4-21 4 Windows The unfinished exterior surface of each window or door frame. provided, however, that no structural components of the Building, and no pipes, wires, conduits, ducts, flues, shafts, or public utility lines situated within a Unit or in an area of exclusive right appurtenant to a Unit and forming part of any system serving one or more other Units or the Common Elements, shall be deemed to be a part of said Unit or said exclusive area. Air conditioner condensers and pad, smoke and heat detectors (if any), deck railings, intercom wiring and intercom system, light fixtures on decks and other exclusive use areas (“Exclusive Use Areas”), wiring and light fixtures, wiring and HVAC vents and duct work within walls and ceilings, any radiant heating installed or imbedded within the concrete flooring or ceiling, and any equipment for submetering, as well as pipes, wires, plumbing leading from common piping back to unit, dryer vents, toilet, bath and shower piping, fireplaces, chimneys and flues and /or other conduits for utilities, whether located within or without the boundary of a Unit, and serving only that Unit, are a part of the Unit and shall be maintained, repaired and replaced by the unit owner at his sole cost and expense. Unit 2A Boundaries: The boundaries of the Units B and C are as follows: (i) Floors: The unfinished upper surface of the concrete flooring facing the Unit; (ii) Roof & Ceiling Directly over Unit 2A: The upper exterior surface of the roof, and other roof covering materials and inclusive of all solar panels, arrays or related parts and equipment as installed by, or on behalf of the owner of Unit 2A in exercise of its exclusive roof rights. (iii) Roof & Ceiling Directly over Unit 2B and 2C: All portions of the building above said Units 2B and 2C, being that portion of the building located over Unit 2B and 2C from the plane above the lower surface of the ceiling joists or strapping, if there be any, above the ceiling, or, if none, the plane above the lower surface of the floor slab or roof slab above the ceiling and including all areas above Unit 2B and2 C to the upper exterior surface of the roof, and other roof covering materials and inclusive of all solar panels, draft of 2-4-21 5 arrays or related parts and equipment as installed by, or on behalf of the owner of Unit 2A in exercise of its exclusive roof rights (iv) Interior Walls Between the units and common areas the centerline within the walls between common areas (v) Exterior and Demising Walls: The plane of the exterior surface of the furring strips; or if there be no furring strips, then the plane of the exterior surface of the wall studs (vi) Doors and Windows The unfinished exterior surface of each window or door frame. provided, however, except for such portions of the roof and any solar array or panels and related equipment, as herein set forth as being a portion of Unit 2A, no structural components of the Building, and no pipes, wires, conduits, ducts, flues, shafts, or public utility lines situated within a Unit or in an area of exclusive right appurtenant to a Unit and forming part of any system serving one or more other Units or the Common Elements, shall be deemed to be a part of said Unit or said exclusive area. Air conditioner condensers and pad, smoke and heat detectors (if any), deck railings, intercom wiring and intercom system, light fixtures on decks and other exclusive use areas (“Exclusive Use Areas”), wiring and light fixtures, wiring and HVAC vents and duct work within walls and ceilings, any radiant heating installed or imbedded within the concrete flooring or ceiling, and any equipment for submetering, as well as pipes, wires, plumbing leading from common piping back to unit, dryer vents, toilet, bath and shower piping, fireplaces, chimneys and flues and /or other conduits for utilities, whether located within or without the boundary of a Unit, and serving only that Unit, are a part of the Unit and shall be maintained, repaired and replaced by the unit owner at his sole cost and expense. (c) Combining Units. (i) Either the Declarant or the Trustees (if consented to by Unit Holders holding an aggregate of not less than seventy-five (75%) of the beneficial interest) may authorize adjacent Units (or portions thereof) in common ownership to be connected for the purpose of single occupancy, and that for such purpose cuts may be made in common walls or ceilings; provided that either the Declarant or the Unit Owners of the Units to be combined shall do any work in connecting the Units at their own expense and only in the manner prescribed by the Declarant or the Trustees. Any such authorization shall be valid only if in writing and signed by either the Declarant or a majority of the then Trustees. At such time as connected Units shall no longer be in common ownership, the owners of such Units shall promptly restore the common wall or ceiling between the Units at their expense, and upon failure to do so the Trustees may draft of 2-4-21 6 perform or cause to be performed such work, in which event such Unit Owners shall be personally liable to the Trust for the cost of the work, which, if not paid when demanded, shall constitute a lien on the Units in question in proportion to their respective Beneficial Interests. During the period of time during which two Units may be combined, the lien for common expenses against each Unit shall be deemed to be a lien against both Units. 6. Common Elements 6.1 Description. The common areas and facilities of the Condominium (hereinafter called the “Common Elements”) consist of any areas located in the Building, that are shared by more than one of the Condominium Units and are not Common Elements of the Primary (822-834 Main Street Condominium) Condominium, including, without limitation, and also the following: (a) The columns; girders; beams; supports; structural members; doors, door frames, windows and window frames which do not constitute part of a Unit as described in Section 5(b) above; any exclusive entrances and exits; interior demising walls, floors and ceilings within the Building (other than any portion of said interior walls, sub-floors and floors and ceilings, included in the Units as specified in Section 4 above); structural or bearing walls or other structural components, even if contained entirely within any Unit; and the existing balcony, terrace or deck adjacent to a Unit and/or (s), the exclusive use of which is reserved for such adjacent Units; (b) Installations of services such as power, light, oil, gas, hot and cold water, heating, air conditioning, and waste disposal, including all equipment attendant thereto (but not including equipment contained within and servicing a single Unit); (c) All conduits, chutes, ducts, shafts, fire escapes, plumbing, wiring, flues, and other facilities for the furnishing of utility services or waste removal outside of but serving the Condominium Units and all such facilities contained within any of the Condominium Unit, which serve other than the Unit within which such facilities are contained, together with an easement of access thereto for maintenance, repair, and replacement; The Common Elements shall be subject to the provisions hereof and of the Trust, and to rules and regulations promulgated pursuant to the Trust with respect to the use thereof. Limited Common Elements Certain Limited Common Elements are depicted on the floor and site plans recorded with the Primary Master Deed and/or the Plans initially recorded herewith, and the exclusive right to use such areas is assigned to the Unit II or any of the Units therein as described or designated on draft of 2-4-21 7 such Plans or as otherwise provided in the Primary, or this Master Deed or in any Unit Deed or other recorded instrument from the Declarant. The Declarant of the Primary Condominium or the Declarant of this Condominium may, in the future, establish additional Limited Common Elements with respect to any area of the Condominium not necessary for common use, by Special Amendment to this Master Deed, and the Declarant hereby retains and reserves the exclusive right to so establish future Limited Common Elements. The Declarant of the Primary Condominium or the Declarant of this Condominium hereby reserves the right to grant the exclusive right to use certain Common Elements (“Limited Common Elements” or Limited Common Areas”) to the owner(s) of certain Units, which Limited Common Elements shall be appurtenant to the Unit(s) to which they are assigned. Such Limited Common Elements include, or may include, without limitation, the following: 7. Pipes, Wires, Flues, Ducts, Cables, Conduits, Public Utility Lines and Other Common Elements Located Inside of Units; Rights of Access. Each Unit Owner shall have an easement in common with the Unit Owners of all other Units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines, and other Common Elements located in any of the other Units or elsewhere in the Condominium and serving his Unit. Each Unit shall be subject to an easement in favor of the Unit Owners of all other Units to use and obtain access to the pipes, wires, ducts, flues, cables, conduits, public utility lines, and other Common Elements located in such Unit and serving other Units. The Trustees and any other person authorized by the Trustees or by the Manager shall have a right of access to each Unit, at reasonable times and upon reasonable notice, except in emergencies, for the purposes of making inspections or for the purpose of correcting any conditions originating in any Unit and threatening another Unit or a Common Element, or for the purpose of performing installations, alterations or repairs to the mechanical or electrical services or other Common Elements in any Unit or elsewhere in the Building. In case of an emergency such right of entry shall be immediate, whether the Unit Owner is present at the time or not. 8. Encroachments. If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Elements, or if any such encroachment shall occur hereafter as a result of (a) alteration or repair to the Common Elements made by or with the consent of the Trustees, or (b) settling of all or any portion of the Building, or (c) repair or restoration of the Building or any Unit after damage by fire or other casualty, or (d) condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same, so long as the Building stands. 9. Use of the Building and the Units; and Restrictions on Use of the Building and Units. The purposes for which the Building and the Units and Common Elements are intended to be used are as follows: draft of 2-4-21 8 (a) Each separate (divided) Unit shall be used for Senior Living primary, accessory and/or ancillary uses and other uses as permitted as of right under Applicable Laws and Permits, including the Town of Yarmouth Zoning By-Laws. (b) The Units and the Common Elements shall be subject to the restrictions that, unless otherwise permitted by instrument in writing duly executed by the Trustees: (i) The Unit Owner shall make no changes or alterations to the Unit; (ii) No Pets are allowed in any Unit. (iii) Except for any area Designated (by either the Primary Condominium Board or the Board of this Divided Unit Condominium) as a designated smoking area, Smoking shall be prohibited within all Units and within the Building and grounds comprising the Condominium, including but not limited to, in the individual Units, in all Buildings, in and upon all balconies whether open or closed, indoor Exclusive Use Areas, within the parking garage and all Condominium grounds meaning and intending to prohibit smoking anywhere on the Property including, without limitation, the Units, Common Areas and Facilities and Limited Common Areas and Facilities. No Unit Owner shall smoke, or permit smoking by any occupant, agent, tenant, invitee, guest, friend, or family member anywhere in or upon the Property including, but not limited to, Units, Common Areas and Facilities and Limited Common Areas and Facilities. Smoking shall include the inhaling, exhaling, breathing, carrying, or possession of any lighted cigarette, cigar, pipe, other product containing any amount of tobacco, or other heated or lit product. While this restriction is intended to render the Property smoke free, the Board of Trustees is not a guarantor of a smoke-free environment hereunder. The Board of Trustees shall have the right, but not the obligation, to enforce this restriction if the Board determines, in its discretion, that it is appropriate to do so in any individual case or circumstance. If the Board of Trustees determines to take any such action, then in addition to its other rights and remedies under the constituent documents of the Condominium, at law, and in equity, the Board of Trustees shall be entitled to recover its costs and expenses, including all attorneys’ fees and court costs, incurred in enforcing this restriction. If the Board of Trustees determines, in its discretion and for any reason, not to pursue enforcement of this restriction in any individual case or circumstance, any Unit Owner may bring his or her own separate action to enforce this restriction against any other Unit Owner who violates (or draft of 2-4-21 9 whose unit occupant, agent, tenant, invitee, licensee, guest, friend, or family member violates) this provision. If a Unit Owner who brings such an action succeeds in establishing that the other Unit Owner has violated this restriction, the Unit Owner bringing such action shall be entitled to recover his or her costs and expenses, including reasonable attorneys’ fees and court costs, incurred in such action from the other Unit Owner. No Unit Owner, occupant, agent, tenant, invitee, licensee, guest, friend, family member or other person shall be entitled to recover from the Board of Trustees any attorneys’ fees, court costs, or other costs or expenses, incurred in any action brought by, or against, the Board of Trustees under or pursuant to this restriction, including, without limitation, any action to enforce this restriction or any action for failure to enforce this restriction, regardless of whether any such Unit Owner, occupant, agent, tenant, invitee, licensee, guest, friend, family member or other person prevails in such action. (iv) no Unit Owner shall alter his Unit in such a way as to permit unreasonable levels of sound, vibration, light or odors to be more readily transmitted to other Units, the Common Elements or neighboring Building; (v) if any governmental license or permit (other than a certificate of occupancy, or a license or permit applicable to the Building as a whole and required in order to render lawful the operation of the Building for residential purposes) shall be required for any particular improvement or construction in any particular Unit, and if failure to secure such license or permit would in any way affect any other Unit or the Owner thereof or the Trust, the Owner of such particular Unit, at such Owner’s expense, shall procure and maintain such license or permit, submit the same to inspection by the Trustees and comply with all terms and conditions thereof; (vi) a Unit Owner shall not place or cause to be placed in or on any of the Common Elements, other than any Common Element to which such Unit Owner has an exclusive easement, any furniture, packages, bicycles, carriages or personal property of any nature whatsoever, provided, however, that the Unit Owners have the right in common to use the dumpster, trash compactors or trash barrels, if any, located on the Common Elements; (vii) all use and maintenance of the Units shall be conducted in a manner consistent with the comfort and convenience of the occupants of other Units; draft of 2-4-21 10 (viii) the Common Elements shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of Units or of the other premises entitled to the use or benefit thereof; (ix) no nuisances shall be allowed on or in the Condominium nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession or proper use of the Units by their occupants; (x) There should be no leasing by an individual owner of any “Senior Living unit/ room” – all occupancy shall be through the overall Senior Living primary unit management –whether such occupancy is by the record owner of any such “unit/room” or by any other Senior Living customer, although any net income or net profit from such “Senior Living unit/room” rental, occupancy or use shall (unless otherwise agreed upon by all Senior Living unit Owners) be distributed as from time to time calculated and determined by the Trust, to the Owner of such Unit; The occupancy restrictions of this sub-section (x) shall not apply to the Declarant and shall not apply to any institutional first mortgage holder or its designee that acquires a unit by foreclosure or deed in lieu of foreclosure, provided that such provisions shall apply to any grantee following any subsequent conveyance by such institutional first mortgage holder or its designee. (xi) no immoral, improper, offensive, or unlawful use shall be made of the Condominium, or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. (Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any Unit shall be eliminated by and at the sole expense of the Unit Owner of said Unit and those relating to all Common Elements shall be eliminated by the Trustees); (xii) no pictures, advertisements, signs or posters of any kind shall be erected, posted or attached in or on the Property except those approved in writing by the Trustees, provided, however, this restriction shall not apply to pictures, advertisements, signs or posters utilized by the Declarant or its agents in selling or leasing the Units; (xiii) no Unit Owner shall allow the installation of wiring for electrical or telephone use, an air conditioning unit or other machine or equipment draft of 2-4-21 11 which protrudes through the walls or the roof of the Building or is otherwise visible on the exterior of the Building; (xiv) no activity shall be done or maintained in any which will increase the rate of insurance on any Unit or the Common Area or result in the cancellation of insurance thereof, provided, however, that any use or activity which will increase the rate of insurance maintained by the Trustees for the Condominium or by any individual Unit Owner may be permitted by the Trustees, in the sole discretion of the Trustees, if the Unit Owner conducting such use or allowing such use to be conducted agrees to conform to any special rules or regulations promulgated by the Trustees with respect to such use and agrees to pay any and all additional costs associated therewith, including without limitation the increase in the insurance premiums paid by the Trustees on behalf of the Condominium as a result thereof; . (c) The failure of an Owner to comply with said restrictions will give rise to a cause of action in the Trustees and any aggrieved Unit Owner for the recovery of damages, or for injunctive relief, or both, and the Trustees and/or any such aggrieved Unit Owner shall be entitled to recover their legal fees, costs and expenses incurred in enforcing said course of action if the Trustees and/or such Unit Owner prevail. No Unit Owner shall be liable for any breach of the provisions of this paragraph except such as occur during his or her ownership thereof. (d) Notwithstanding anything to the contrary contained herein, the Declarant may, until all of said Units have been sold by said Declarant, (a) lease Units which have not been sold; or (b) use any Units owned by the Declarant as models for display, as offices and/or as storage areas or for any other uses which it deems necessary or desirable in connection with redecoration and construction in the Units or Common Elements, sale or leasing of Units. (e) The architectural integrity of the Building shall be preserved without modification which shall include and insure, inter alia, that the roof and various cosmetics are the same color and texture, and to that end, without limiting the generality of the foregoing, no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to the Building or attached to or exhibited through a window (such as, without limitation, curtains, drapes, etc., except for the standard windrow treatment as shall be specified by the Trustees) of the Building and no painting or other decorating shall be done on any exterior part or surface of the Building, unless the same shall have been approved by the Trustees in accordance with the provisions of the Condominium Trust and shall conform to the conditions set forth in the Trust. (f) A majority of the Trustees then in office may, by an instrument in writing and in accordance with the provisions of the Declaration of Trust, adopt such rules and regulations from draft of 2-4-21 12 time to time as they may determine to be necessary or appropriate to ensure that the Common Elements and Units are used for the purposes set forth in this Section 9 and to protect the architectural integrity of the Building. (g) These restrictions shall be for the benefit of all Unit Owners and shall be administered on behalf of the Unit Owners by the Condominium Trustees and shall be enforceable solely by one or more of the Unit Owners or the Trustees, insofar as permitted by law, and, insofar as permitted by law, shall be perpetual; and to that end may be extended at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No Unit Owner shall be liable for any breach of the provisions of this section except such as occur during his or her unit ownership. 10. Amendment of Master Deed. (a) Declarant’s Consent. Notwithstanding any contrary or inconsistent provision in this Master Deed, for so long as Declarant owns one or more Units in the Condominium, any amendment to the Master Deed must be signed by the Declarant and/or its successors and/or assigns. (b) General Amendments. Except as set forth elsewhere in this Master Deed relating to Phasing Amendments, and except as otherwise provided in (a) or (c) of this Section 10, this Master Deed may otherwise be amended by an instrument in writing consented to by Owners (including the Declarant) entitled in the aggregate to seventy-five (75%) percent or more of the Beneficial Interests and duly recorded with the Registry of Deeds, provided, however, that: (i) The date on which any such instrument is consented to by each such consenting Owner shall be indicated thereon, and no such instrument shall be of any force or effect unless the same has been so recorded within six (6) months after the date on which the first such consent was obtained. Any such amendment need not be signed by the consenting Owners, as long as the amendment is signed by a majority of the Trustees, who shall certify in such amendment (1) that the amendment has been consented to by the requisite number of Owners and (2) the respective dates each such consent was obtained.. (ii) Except as provided for elsewhere in this Master Deed, no instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same has been signed by the Unit Owner of the Unit so altered; (iii) Except as provided for elsewhere in this Master Deed, no instrument of amendment which alters the percentage of the Beneficial Interest to draft of 2-4-21 13 which any Unit is entitled in the Common Elements shall be of any force or effect unless the same has been signed by all Owners whose percentage of Beneficial Interest is affected; and (iv) No instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of Massachusetts General Laws, Chapter l83A shall be of any force or effect. (c) Special Amendments. Notwithstanding the foregoing, this Master Deed may also be amended by Special Amendment as follows: Special Amendments may be executed and recorded as provided elsewhere in this Master Deed in order to (i) combine or subdivide Units, or reconfigure partition walls within Units, or (iii) establish Limited Common Elements. Moreover, the Declarant, without the consent of any Unit Owner or mortgagee, may execute and record a Special Amendment as long as it owns any Unit(s) in the Condominium (i) correct any errors and/or omissions in this Master Deed; (ii) to make this Master Deed comply with the provisions of Massachusetts General Laws Chapter 183A; or (iii) to make the provisions of this Master Deed comply with the guidelines or requirements of any Lender in regard to the Primary Senior Living Unit. The right to execute and record such Special Amendments shall pass to the Condominium Trustees at such time as the Declarant and/or its successors and/or assigns no longer own any Units. 11. Units and Easements Subject to Master Deed, Unit Deed, Declaration of Trust, Rules and Regulations. All present and future Unit Owners, Parking Easement Owners, tenants, visitors, licensees, servants and occupants of Units or the Common Elements shall be subject to, and shall comply with, the provisions of this Master Deed, the Declaration of Trust, and any rules and regulations promulgated pursuant to the Trust, as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into occupancy of any Unit or Parking Space shall constitute an agreement that the provisions of this Master Deed, the Unit Deed, the Declaration of Trust, and such rules and regulations, as they may be amended from time to time, are accepted and ratified by such Unit Owner, tenant, visitor, servant, licensee or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit or Parking Easement, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. 12. Invalidity. The invalidity of any provisions of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and, in such event, all of the other provisions of this Master Deed shall continue in full force and effect as if such invalid provisions had never been included herein. draft of 2-4-21 14 13. Waiver. No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 14. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any provisions hereof. 15. Mortgagees. Notwithstanding anything to the contrary contained in this Master Deed : 1. Any right of first refusal in the Condominium project documents will not adversely impact or impair the rights of a mortgagee or its assignee to: A. Foreclose or take title to a condominium Unit pursuant to the remedies in the mortgage; B. Accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or C. Sell or lease or otherwise market a Unit acquired by the mortgagee or its assignee. The Condominium Trust shall not exercise a right of first refusal in an unlawfully discriminatory manner. 2. Amendments of a material adverse nature to mortgagees must be agreed to by mortgagees that represent at least 51 percent of the votes of Units that are subject to mortgages. Examples of actions that require mortgagee consent include but are not limited to any of the following: A. Any partition or subdivision of any Condominium Unit; B. Abandonment, partition, subdivision, encumbrance, sale or transfer of any Common Elements, other than the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Elements; draft of 2-4-21 15 C. Any change in the procedure that protects the Seller/Servicer’s interest when handling any losses or proceeds from condemnation, destruction, or liquidation of all or a part of the project, or from termination of the project; D. Any change in voting rights except as allowed for additional phases or annexations in accordance with the initial Project Documents; E. Any change in the Condominium Unit Owner’s interest in or obligations to the Project in order to levy assessments or charges, to allocate distribution of homeowners insurance proceeds or condemnation awards, or to determine the owner’s interest in the Common Elements; F. Changes in the priority of liens for Condominium Trust assessments; G. Reductions in reserves for maintenance, repair and replacement of Common Elements; H. Responsibility for maintenance and repair of the Common Elements; I. Reallocation of interests in Common Elements or rights to their use; J. Redefinition of any Unit boundaries; K. Conversion of Units into Common Elements or Common Elements into units; L. Expansion or contraction of the project, or the addition, annexation or withdrawal of property to or from the project, except as allowed for additional phases or annexations in accordance with the initial Project Documents; M. Change in required insurance coverage; N. Imposition of any restrictions on the leasing or rental of Units; and O. Imposition of any restrictions on a Unit Owner’s right to sell or transfer a unit 3. Any action to terminate the legal status of the project after substantial destruction or condemnation occurs or for other reasons or to use insurance proceeds for any draft of 2-4-21 16 purpose other than to rebuild must be agreed to by mortgagees that represent at least 51 percent of the votes of the Units that are subject to mortgages. 4. Implied approval of mortgagees is to be assumed when a mortgagee fails to submit a response to any written proposal for an amendment within 60 days after it receives proper notice of the proposal, provided the notice was delivered by certified or registered mail, with a “return receipt” requested. 5. Mortgagees and guarantors of the mortgage on any Unit in the Condominium project shall have the right to timely written notice of: A. Any condemnation or casualty loss that affects either a material portion of the project or the Unit securing its mortgage; B. Any 60-day delinquency in the payment of assessments or charges owed by the owner of any Unit on which it holds the mortgage; C. A lapse, cancellation, or material modification of any insurance policy maintained by the Condominium Trust; and D. Any proposed action that requires the consent of a specified percentage of mortgagees. 6. No Unit Owner or any other party shall have priority over any rights of the first mortgagee of the Condominium Unit pursuant to its mortgage in the case of payment to the unit owner of insurance or termination proceeds or condemnation awards for losses to or a taking of Condominium Units and/or Common Elements. 7. Except as provided in Massachusetts General Laws Chapter 183A, any first mortgagee who obtains title to a Condominium Unit pursuant to the remedies in the mortgage or through foreclosure will not be liable for more than six months of the unit’s unpaid regularly budgeted dues or charges accrued before acquisition of the title to the unit by the mortgagee. 8. Any contract with an independent professional management firm must be for a reasonable term and may not require the payment of any penalty or an advance notice of more than ninety (90) days. 16. Chapter 183A. This Master Deed is intended to comply with the requirements of Chapter 183A. draft of 2-4-21 17 The Units and the Common Elements, and the Unit Owners and the Trustees, shall have the benefit of and be subject to the provisions of Chapter 183A, and in all respects whether or not specified in this Master Deed or in the Trust, shall be governed by provisions of Chapter 183A, the Primary Condominium Master Deed and the Primary Condominium Trust, as from time to time amended in their relation to each other and to the Condominium established hereby, including, without limitation, provisions thereof with respect to common expenses, funds and profits, with respect to improvement and rebuilding of Common Elements, and with respect to removal of the Condominium premises or any portion thereof from the provisions of Chapter 183A. 17. Meanings of Terms. All terms and expressions herein used which are defined in Section 1 of said Chapter 183A shall have the same meanings herein as set forth in said Section 1. 18. Expansion of the Condominium The Declarant and/or its successors and assigns reserve the right, within the period of twenty (20) years from the date this Master Deed is recorded, if consistent with the 822-834 Main Street Condominium (Primary Condominium) Master Deed and Declaration of Trust, to expand the Condominium (a) to add, or phase in, additional Units, Common Elements and/or Limited Common Elements, and (b) as part of, or in addition to, such reserved rights, the right to convert, or change the use designation of any Unit, or further subdivided portion thereof, to convert or change the designation of any portion of an unsold Unit and Common Elements or Limited Common Elements from Unit to Common Elements or Common Elements or Limited Common Elements to Unit. Each Unit Owner and Mortgagee, by acceptance of a deed, mortgage or other instrument, shall thereby irrevocably appoint the Declarant and its successors and assigns as his or its attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary to add or convert such additional Units, Common Elements, Limited Common Elements, as is contemplated by this Section 19 of this Master Deed, recognizing and acknowledging that the power thereby conferred shall be a power coupled with an interest, and each such Unit Owner, Mortgagee or other party agrees for himself, his successors and assigns to execute, acknowledge and deliver any and all instruments which may be requested at any time to confirm the power of attorney so given. Such additional improvements may be added in portions, and there is no requirement that any, all or any particular portion be added and there are no limitations as to what portions may be added. Portions of the additional improvements may be added, at different times and in any order. The Declarant and its successors and assigns shall have the right and easement to construct, erect and install additional Units, Common Elements and Limited Common Elements as it shall determine to be appropriate or desirable, and Declarant may thereafter exclusively sell, convey, assign, lease, license, mortgage or otherwise deal with any such Units and Limited Common Elements as of the sole owner thereof, for its own account and for its sole benefit. draft of 2-4-21 18 Nothing contained in this Master Deed or in future Amendments shall be held to limit or restrict said reserved rights of Declarant for the benefit of itself and its successors and assigns. Until such time as additional Phases are added to the Condominium by the recording of “Phasing Amendments” as described herein and below, any portion of the Primary Unit other than Phase 1 shall constitute an interest in real estate and be exclusively owned by, and shall be the exclusive responsibility of, the Declarant. 19. Declarant’s Reservation of Rights; Assignment of Declarant’s Rights. 19.1 As stated above and hereinafter, the Declarant also hereby reserves the right in the future, if consistent with the 822-834 Main Street Condominium (Primary Condominium) Master Deed and Declaration of Trust, to create and add Units, Common Elements, and Limited Common Elements, in any subsequent Phasing Amendment, all of which shall be the property of the Declarant until conveyed or assigned by it. Additional Units, Common Elements, and Limited Common Elements, all of which shall remain the property of the Declarant until conveyed or assigned by it. 19.2 The Declarant hereby expressly reserves both the ownership of and the right(s) to erect, install and establish (now and for twenty (20) years subsequent to the recording of this Master Deed) any and all wires, conduits and equipment of every type or nature for the provision of wired or wireless telecommunications and/or internet services, and/or the transmission of same. Such reserved rights of the Declarant shall include, without limitation, (a) the right to assign any or all of such rights to others; (b) the right to enter into agreement(s), on an exclusive or non- exclusive basis, with service providers; (c) the right to enter into leases or license agreements with service providers or other parties for the installation of transmission facilities and/or wires, conduits or equipment relating to the foregoing on any portion of the Common Elements (including, without limitation, any rooftop or wall); and (d) unless prohibited by law, the right to provide, for profit, such wired or wireless services to Condominium residents. Any payment, consideration or benefit derived from the foregoing reserved rights shall belong exclusively to the Declarant. 19.3 The Declarant, for itself and its successors and assigns, hereby reserves certain exclusive rights and easements to enter onto and into the Land and Building(s) made part of this Condominium now or in the future, to complete construction of any Building thereon, along with all improvements, utility liens, wires, pipes, conduits, walkways, and drainage lines to service the Units constructed thereon. 19.4 The Declarant expressly reserves for itself and its successors and assigns, and shall have the right, without the further consent of any Unit Owner or Mortgagee, to amend this Master Deed so as to include in this Condominium the later Phases thereof, as set forth above (hereinafter, the “Phasing Amendment(s)”), pursuant to and in accordance with the provisions of this Section 19. With respect to said later Phases or Sub-Phases: draft of 2-4-21 19 (a) The Declarant, in such Phasing Amendment, shall have the right, in its sole discretion, to create Additional Units, as well as the right to create and designate Limited Common Elements. Upon the recording of such amendment of this Master Deed so as to include said later Phases or Sub-Phases, the Units in such Phase or Sub-Phase shall be owned by the Declarant and shall thereupon be subject to common area charges, and the Common Elements of this Condominium shall include, except as otherwise provided in said Phasing Amendment, the same elements, features, and facilities of the building and grounds which are described, defined, and referred to in this Master Deed as Common Elements. (b) Except as otherwise provided herein, if the Declarant has not so amended this Master Deed so as to include any or all of said later Phases or Sub-Phases in the Condominium within twenty (20) years after the date of recording of this Master Deed, then the foregoing reserved rights shall terminate and be of no effect with respect to any such later Phases not yet created. (c) Nothing herein shall be deemed to obligate the Declarant to include or to create any later Phases or Sub-Phases. (d) Any such amendment creating a later Phase or Sub-Phase shall contain with respect to such Phase or Sub-Phase all the particulars required by Chapter 183A, as currently existing or amended. Without limitation of the foregoing, the designation of each Unit in such Phase or Sub-Phase, a statement of its location, approximate area, and the immediate common areas to which it has access and its Beneficial Interest in the Common Elements shall be set forth, respectively in the Phasing Amendment. No such amendment to this Master Deed shall be effective until it is recorded with the Registry of Deeds. (e) The Declarant further reserves the right for itself and its successors and assigns, in its sole discretion, to abandon its intention to create any later Phase or Sub-Phase of the Condominium, as set forth above, and may, in its discretion, record a statement to said effect with the Registry of Deeds. 19.5 The Declarant reserves the right for itself and its successors and assigns to construct the Units in any styles and sizes, so long as those styles and sizes do not violate applicable zoning ordinances and regulations. 19.6 In addition to all other rights of Declarant hereunder, Declarant reserves unto itself and its agents, servants, employees, independent contractors, workmen, work crews, successors and assigns the right and easement to use, occupy, and alter, for construction purposes, any and all common areas of the Condominium for all purposes necessary or desirable in order to construct, develop and complete the Condominium Units and the common areas and facilities therefor, and for all purposes necessary or desirable in order to construct improvements to the Building and connect same to the Condominium. draft of 2-4-21 20 Without limiting the generality of the foregoing and in furtherance thereof, the Declarant hereby reserves unto itself and its agents, servants, employees, independent contractors, workmen, work crews, successors and assigns, the following rights under this Master Deed: the right of access, ingress, and egress over and upon the Land, Property and building(s), and the Common Elements of the Condominium, including that deemed by the Declarant to be necessary for marketing purposes and for the work of construction, reconstruction, rehabilitation, improvement, and other work in progress or contemplated by Declarant, including construction on abutting Land whether part of the Condominium or not; the right to lay, maintain, repair and replace, construct, and install and connect (or connect with and make use of) all utilities, utility lines, poles, tanks, walls, ducts, conduits, roofs, and similar facilities to serve any or all of the Building and/or Units and the Common Elements and building, whether part of the Condominium or not, and all conduits, ducts, plumbing, wiring, and other facilities for the furnishing of power, gas, light, master antenna, satellite antenna, cable television, water, air and all sewer and drainage pipes to serve any or all of the Building and/or Units and the Common Elements and facilities, whether part of the Condominium or not; to pass and repass over all Common Elements of the Condominium, for all purposes necessary or convenient for the development and marketing of the Land, Property, Building, including the transportation of construction materials, equipment, and personnel for the purposes of construction; to construct improvements on the Land, whether part of the Condominium or not, and to engage in all activities necessary or appropriate to accomplish the same, including without limitation the exclusive right to grant to others including any public utility or authority, easements for the installation and maintenance of utilities; to store construction materials, equipment, and supplies in those portions of the Common Elements not subject to rights of exclusive use appurtenant to any Unit; to restrict (for periods of not more than eight (8) hours at any time during any day) the use by Units Owners of common areas and facilities to facilitate construction or for purposes of safety (provided, of course, no Unit Owner shall be denied at least one means of access to his or her Unit during such periods of restriction); to leave debris resulting from construction in the Common Elements and facilities, provided the same do not endanger safety; to reasonably interrupt for brief intervals of time, water, gas, electric, and other utilities and service provided by such utility lines, pipes, tanks, wells, wires, cables, conduits, and septic and drainage lines in order to facilitate construction or in order to facilitate the installation of appliances or fixtures in the Building, Units or Common Elements and facilities, whether part of the Condominium or not, under construction, without liability for such interruption of service, provided however that the Declarant shall use reasonable efforts to minimize any such interruption of service; to park vehicles used in connection with the construction work or incident thereto in unassigned Parking Spaces; and, in general, the right to do all things necessary or desirable in order to construct and complete the Building and/or Units and the Common Elements in connection therewith and to construct and complete building(s) and Units, whether part of the Condominium or not. Declarant further reserves the right to use any Unit owned by the Declarant for storage or as a model, for display, as an office, for purposes of facilitating sales or leasing of Units in the Condominium. draft of 2-4-21 21 19.7 The rights and easements reserved by the Declarant in this Section 19 shall be in addition to and not in limitation of, the rights and easements reserved by the Declarant in other sections of this Master Deed, or in any prior-recorded instrument. 19.8 The rights and easements reserved by the Declarant for itself and its successors and assigns in this Master Deed shall survive the sale of all of the Units initially established, or thereafter established by Future Phases or Sub-Phases by the Declarant, and are to be deemed to be assignable and transferable, in full or in part. 19.9 Each Condominium Trustee, as well as each Owner and Mortgagee of a Unit within the Condominium, by the acceptance and recordation of a deed or mortgage to a Unit shall thereby have consented to any such Phasing Amendment(s) to the Master Deed (and corresponding modification of Beneficial Interests in the Common Elements) and/or the granting or exercise of any right or easement described in this Master Deed without the necessity of securing any further consent or execution of any further documents by such Trustee, Unit Owner or Mortgagee, and hereby appoint Declarant as his, her or its attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary or appropriate to grant to exercise any such Phasing Amendment, right or easement described in this Master Deed, or to effect any such right herein reserved, which power of attorney is deemed to be running with the land, binding upon heirs, successors and assigns, durable, irrevocable and coupled with an interest. Each Owner and Mortgagee, by acceptance and recordation of a deed or mortgage, shall thereby be deemed to have further consented to any governmental permit, approval or zoning relief sought by the Declarant in connection with the development and construction of the Condominium and/or such other development and/or construction proposed by Declarant or Declarant’s affiliates, successors and/or assigns with respect to the Land, and no such Owner or mortgagee shall object in any way to any such governmental permit, approval or zoning relief sought by the Declarant. At the request of the Declarant, the Trustees and all Owners shall join in any application for such governmental permit, approval or zoning relief, provided Declarant shall bear any costs therefor. 19.10 The Declarant, by deed or by separate assignment, shall be entitled to assign, sell, grant or mortgage, any and all of its interests, rights and easements owned by it or reserved herein and in the Trust and By-Laws, at any time, and from time to time, to any mortgage holder, person, trust, firm, or entity as may be determined by Declarant. Each Trustee, as well as each Owner and Mortgagee of a Unit by acceptance and recordation of a deed or mortgage, shall be deemed to have thereby consented to any such assignment, sale, grant or mortgaging of the Declarant’s said interests, rights and easements without the necessity of securing any further consent or execution of any further documents by such Trustee, Owner or Mortgagee, and does hereby appoint the Declarant as attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary or appropriate to grant or exercise such assignment, sale, grant or mortgaging, which power of attorney is deemed to be running with the land, binding upon heirs, successors and assigns, durable, irrevocable, and coupled with an interest. The Trustees and Owners, at Declarant’s request, shall execute whatever confirmatory instruments which draft of 2-4-21 22 Declarant deems appropriate or necessary in order to perfect, carry out, or effectuate the rights and easements reserved by the Declarant in this Master Deed and in the Condominium Trust. 20. Right of First Refusal Except for any sales by the Declarant, no Unit Owner shall sell all or any portion of or any interest in any Unit, unless (a) the Unit Owner has received a bona fide offer to purchase the same; (b) the Unit Owner has given the other Unit Owners (which term shall in this provision include Declarant, or its designated assignee, if an Owner of any Unit, or still retains the right to still add a Unit to the Condominium) written notice (which shall be deemed to be duly given when mailed by registered mail) addressed to the Colonial Cove Condominiums address of the other Unit Owners (and in the case the Declarant to its above address, or to such other address or addresses as the Declarant shall provide in any amendment to this Master Deed), stating the name and address of the offeror and the terms and conditions of said bona fide offer and the encumbrances subject to which the Unit, or any part thereof, are to be conveyed and containing an offer by the Unit Owner to sell the Unit to other Unit Owners on the same terms and conditions as said bona fide offer; and (c) the other Unit Owners has not within ten (10) business days after the giving of such notice, mailed or otherwise given the selling Unit Owner written notice that such other Unit Owner elects to purchase the same in accordance with said offer. In the event another Unit Owner elects to purchase, the Unit shall be conveyed by a good and sufficient Quitclaim Deed conveying a good and clear record and marketable title thereto, free from all encumbrances except as stated in said bona fide offer and such deed shall be delivered and the consideration paid at the Barnstable Registry of Deeds on or before the date specified in the bona fide offer. In the event that the other Unit Owner shall, after giving such notice, fail to complete such purchase as hereinabove provided, then the selling Unit Owner shall be free thereafter to sell and convey the Unit or such part thereof covered by the offer to the offeror named in the selling Unit Owner's notice at a price not lower than that specified therein, but the selling Unit Owner shall not sell or convey the Unit or any part thereof to any other person or at any lower price without again offering the same to the other Unit Owners. If the selling Unit Owner shall make and record with Barnstable Registry of Deeds an affidavit stating that (1) a certain conveyance by them is made pursuant to a bona fide offer to purchase; (2) they have given notice to the other Unit Owners in connection with such conveyance as required by the provisions of this paragraph; (3) they have not received written notice of election to purchase given by the other Unit Owners in accordance with the provisions of this paragraph or that the other Unit Owners who has given notice of election to purchase has failed to complete the same in accordance with said provisions, as the case may be; and (4) such conveyance is made to the person named in such notice at a price not lower than that therein stated; then such affidavit shall be conclusive evidence of compliance with the requirements of this paragraph with respect to such conveyance in favor of the grantee therein and all persons claiming by, through or under such Grantee. The provisions hereof shall not be construed to apply to bona fide mortgages to recognized lending institutions of any Unit, or any part thereof, or to sales or other proceedings for the foreclosure (or deed in lieu of foreclosure) thereof; or to easements to any municipality or draft of 2-4-21 23 utility company required for the installation and/or maintenance of drainage, sewage, electric, gas, water and electric lines and appurtenance to and from the premises. 21. Invalidity The invalidity of any provision of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and, in such event, all of the other provisions of this Master Deed shall continue in full force and effect as if such invalid provisions had never been included herein. 22. Waiver No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violation or breaches, which may occur. 23. Captions: Context The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any provision hereof. 24. Non-Recourse. Notwithstanding anything to the contrary contained in this Master Deed, any liability or claims against the Declarant hereof shall be strictly limited to the Declarant’s interest in the Condominium Property, and in no event shall any recovery or judgment be sought against any of the Declarant’s other assets (if any) or against any of the Declarant’s members, managers, or any director, officer, employee or shareholder of any of the foregoing. Further, in no event shall any claimant be entitled to seek or obtain any other damages of any kind, including, without limitation, consequential, indirect or punitive damages. IN WITNESS WHEREOF, the Declarant has executed this Master Deed as a sealed instrument as of this day of __________________, 2021. Maclyn, LLC By:__________________________ __________________, Its Manager draft of 2-4-21 24 COMMONWEALTH OF MASSACHUSETTS ________ County, ss. On this ___ day of _________________, 2021, before me, the undersigned notary public, personally appeared the above-named ______________, proved to me through satisfactory evidence of identification, being (check whichever applies): __ driver’s license or other state or federal governmental document bearing a photographic image, __ oath or affirmation of a credible witness known to me who knows the above signatory, or __ my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him/her voluntarily for its stated purpose, as the duly-authorized Manager and Real Property Signatory of Maclyn, LLC. _________________________________________________ ____________________________________ (Print Name of Notary Public):_____________________________ My Commission Expires:_________________________________ Qualified in the State/Commonwealth of ___________________ draft of 2-4-21 25 Exhibit A (legal description of the Primary Condominium Land) Those certain parcels of land situated on _________ in Yarmouth, Barnstable County, Massachusetts, being shown as draft of 2-4-21 26 Exhibit A-1 (Easements & encumbrances of the Primary Condominium) 1 draft of 2-4-21 27 WISE LIVING AT YARMOUTH CONDOMINIUM Exhibit “B” Unit 2A is located on the basement, first floor and second floor of the Primary Unit 2 building at 822 main Street and includes a total of approximately 76,660 square feet. Unit 2A has immediate access to the common area (and limited common area) land. The owner of the Unit 2A shall be entitled to an undivided 70% interest in the common areas and facilities of the Condominium. Unit 2B is located on second floor of the Primary Unit 2 building at 822 main Street and includes a total of approximately 18,377 square feet. Unit 2B has immediate access to the hallways and stairways as located within Unit 2A, Unit 2C and common area. The owner of the Unit 2 B shall be entitled to an undivided 18.5% interest in the common areas and facilities of the Condominium. Unit 2 C is located on first floor and second floor of the Primary Unit 2 building at 822 main Street and includes a total of approximately 11,935 square feet. Unit 2C has immediate access to hallways and stairs as located within Unit 2A, Unit 2B and common area. The owner of the Unit 2C shall be entitled to an undivided 11.5% interest in the common areas and facilities of the Condominium.