154 Center St Unit 1,2,3,4 Master DeedMASTER DEED
OF
GRAY'S BEACH CONDOMINIUM
IREEIVED
MAR 5 2006
RpF BOAOAPPEALS
RALPH CROSSEN AND MARY CROSSEN of 18 Woodridge Road, Sandwich, MA
02537 (hereinafter referred to as the "Declarant") as owner of the premises located at 154 Center
Street, Yarmouthport, Barnstable County, hereinafter described, by duly executing and recording
this Master Deed in the Barnstable County Registry of Deeds, do hereby submit said premises to
the provisions of Chapter 183A of the General Laws of Massachusetts and propose to create, and
hereby do create with respect to said premises, a condominium (the "Condominium") to be
governed by and subject to the provisions of Chapter 183A, and to that end declare and provide
the following:
1. Name
The name of the Condominium shall be GRAY'S BEACH CONDOMINIUM.
2. Description of Land
The premises which constitutes the Condominium is located on the east side of Center
Street in the Yarmouthport section of the Town of Yarmouth, Barnstable County, Massachusetts
known and numbered as 154 Center Street, Yarmouthport, MA, such land, together with the
buildings and improvements thereon is shown on a plan of land to be recorded herewith entitled
"Condominium Site Plan for Gray's Beach Condominium, located at: 154 Center Street,
Yarmouth, MA., prepared for Ralph Crossen", dated February 20, 2006, prepared by Yankee
Survey Consultants, Unit 1, 40 Industry Road, P.O. Box 265, Marstons Mills, Mass. 02648, (the
"Site Plan") recorded with the County Registry of Deeds in Plan Book, Page
, containing, according to said plan, 19,950 square feet of land, and being more
particularly described on Exhibit "A" attached hereto.
3. Description of the Buildings
The Condominium consists of three (3) buildings containing a total of four (4) units, each
unit is of wood frame construction having wooden bearing walls, wooden floors, partial concrete
block foundations, wood shingle siding and asphalt shingle roofs. Units 1 and 3 are two (2)
stories in height with no basement. Units 2 and 4 are one (1) story in height with no basement.
4. Designation of Condominium Units
One building has been divided into two (2) units designated as Unit 1 and Unit 2, while
Unit 3 and Unit 4 are free-standing units (the "Units"), respectively, all situate in the Town of
Yarmouth, County of Barnstable and Commonwealth of Massachusetts. The units are to be used
solely for residential purposes. Common area and facilities have been provided for these units.
Such units are more particularly described as to designation, location, number of rooms,
approximate area, area of exclusive use and immediately accessible common area and facilities
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in Exhibit "B" attached hereto and on the floor plans of GRAY'S BEACH CONDOMINIUM
depicting Unit 1, Unit 2, Unit 3 and Unit 4.
Unit I contains and includes a living room, a kitchen, a bathroom and a loft/bedroom, and
consists of an area of approximately 644 square feet. Unit I is hereby granted an easement for
the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use 'I "' consisting of
approximately 1,792 square feet.
Unit 2 contains and includes an entrance hall, a Iiving room, a kitchen, a bathroom and a
bedroom, and consists of an area of approximately 454 square feet. Unit 2 is hereby granted an
easement for the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `2"'
consisting of approximately 1,872 square feet.
Unit 3 contains and includes a living room, a kitchen, a bathroom and a loft/bedroom, and
consists of an area of approximately 332 square feet. Unit 3 is hereby granted an easement for
the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `3 "' consisting of
approximately 2,180 square feet.
Unit 4 contains and includes a living room, a kitchen, a bathroom and a bedroom, and
consists of an area of approximately 262 square feet. Unit 4 is hereby granted an easement for
the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `4"' consisting of
approximately 1,502 square feet.
The Owner of any Unit may, at any time and from time to time, change the use and
designation of any room or space within such Unit, subject always to the provisions of Sections
10 and 11 hereof, and subject to, and in compliance with, local zoning by-laws and regulations,
all state and local codes, and rules and regulations governing the same and may, subject to the
provisions of the next sentence, modify, remove or install non -bearing walls lying wholly within
such Unit. Any and all work with respect to installation of interior non -bearing walls or other
improvements shall be done in a good and workmanlike manner pursuant to and in compliance
with local zoning by-laws and regulations, state and local codes, rules and regulations governing
the same, pursuant to a building permit duly issued therefor (if required by law) and pursuant to
plans and specifications which have been submitted to and approved by the Trustees of GRAY'S
BEACH CONDOMINIUM TRUST, hereinafter referred to, which approval of the said
Trustees shall not be unreasonably withheld or delayed.
5. Boundaries of the Units
The floor, ceiling, wall and other boundaries of each of the Units are as follows:
a. Floors
The lower surface of the unfinished sub -floor of the building.
b. Ceilings
The plane of the upper surface of the ceiling joints of the uppermost ceiling of the Unit.
C. Interior Walls
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The vertical planes of the innermost unfinished surfaces of the interior walls dividing the
unit from the other units and common areas and facilities.
d. Exterior Walls
The vertical planes of the innermost unfinished surfaces of the exterior building walls.
C. Doors and Windows
As to the doors, the exterior surface thereof; as to the windows, the exterior surface of the
glass and window frames and windows.
Notwithstanding any other provisions of this Master Deed, the Condominium Trust, the
By -Laws and the Rules and Regulations promulgated pursuant thereto, no Unit Owner shall have
the right to: 1) raise the roof or enlarge or modify the footprint of his respective Unit in order to
create additional building space or to create different building space; or 2) make modifications to
the exterior of any of the buildings without first: 1) obtaining written approval and consent of
100% of the Unit Owners; 2) amending the Master Deed to reflect any resulting change in
percentage interest in the common areas and facilities; 3) filing appropriate plans with the
Barnstable Registry of Deeds; 4) complying with any and all other provisions set forth in the ,
within Master Deed relating to such modifications and 5) obtaining the prior approval of the
Yarmouth Zoning Board of Appeals and all other state and ocal regiilato—iy�]5-o—ard-s-,-comrriissions
or agencies
have jurisdiction over the
Notwithstanding the above, a Unit Owner shall be permitted to replace windows or doors
without complying with the requirements set forth above as long as the new or replacement
doors or windows used are of a style and design consistent with the window or door being
replaced and as long as said Unit Owner first obtains the approval of Old King's Highway
Historic District Commission and the Town of Yarmouth Building Inspector, if such approvals
are necessary according to the rules and regulations of said commission and the Town of
Yarmouth.
6. Common Areas
The Common Areas and Facilities of the Condominium shall consist of the following to
the extent that the same are not included within a Unit or Units:
a. The land described in Exhibit "A" together with the benefit of and subject to the
rights of easements referred to in Exhibit "A";
b, The foundations, structural columns, girders, beams, supports, exterior walls,
party walls and common walls and roofs of the buildings;
C. All conduits, ducts, pipes, plumbing, wiring, chimneys, flues and other facilities
for the furnishing of utility services which are contained in portions of the
buildings contributing to the structure or support thereof, and all such facilities
contained within any unit which serve parts of the Condominium other than the
unit within which such facilities are contained, and the right to use all such
facilities which are situated on the premises and are leased to or otherwise subject
to the use and disposition of the Trustees of the GRAY'S BEACH
CONDOMINIUM TRUST;
d. The yards, lawns, driveways, plants and walkways and the improvements thereon
and thereof (subject to such exclusive rights and easements appurtenant to Units
as are hereinabove set forth and as may be established pursuant to provisions
hereinafter set forth);
The septic system or systems serving the Condominium premises, if any, and all
pipes, lines and connections thereto or to the municipal sewer system, if
applicable, located outside of a unit;
f. The parking area shown on the site plan;
g. All other elements and features of the Condominium property, however
designated or described, excepting only the Units themselves as herein defined
and described, and such additional facilities and common areas as may be defined
in said Chapter 183A.
The owner or owners of each Unit, hereinafter called the "Unit Owner" shall be entitled
to an undivided interest in the Common Areas and Facilities and shall be subject to:
a. The terms and provisions of this instrument and of the By -Laws of GRAY'S
BEACH CONDOMINIUM TRUST, as defined and described in Section 13
hereof;
b. Rules and Regulations promulgated pursuant thereto with respect to the use
thereof; and
C. The timely making of the payments required to be made in connection therewith.
In addition to and not in limitation of the rights of Unit Owners as elsewhere herein set
forth and as provided in said Chapter 183A, the Owner or Owners of each Unit shall have, as
appurtenant to such Unit, the rights and easements, in common with the Owner or Owners of all
other Units and subject to like rights and easements appurtenant of such other units, to use the
common areas and facilities, including without limiting the generality thereof, walks, paths,
conduits, ducts, pipes, plumbing, wiring, chimneys, flues, trash containers and other facilities for
the furnishing of utilities and services, subject always, however, to:
a. The exclusive rights and easements herein granted to particular Units in certain
facilities.
b. The restrictions and other provisions herein set forth; and
C. Rules and Regulations promulgated by the Board of Trustees of GRAY'S
BEACH CONDOMINIUM TRUST.
The Trustees of GRAY'S BEACH CONDOMINIUM TRUST shall have, and are
hereby granted, the right of access at all reasonable times to each Unit for purposes of operation,
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inspection, protection, maintenance, repair and replacement of common areas and facilities, and
correction, termination and removal of acts or things which interfere with the common areas and
facilities or are otherwise contrary to or in violation of provisions hereof.
The Trustees of GRAY'S BEACH CONDOMINIUM TRUST shall also have, and are
hereby granted, the exclusive right to maintain, repair, replace, add to and alter the paths, walks,
utility and service lines and facilities, lawns, trees, plants and other landscaping comprised in the
common areas and facilities, and to make excavations for said purposes; and no Unit Owner
shall do any of the foregoing without the prior written permission of the said Trustees in each
instance.
If any portion of the common areas and facilities encroaches upon any Unit or any Unit
encroaches upon any other Unit or upon any portion of the common areas and facilitates as a
result of settling or shifting of a building, an easement for the encroachment and for the
maintenance of the same so long as the building stands shall exist. If any building, any Unit, any
adjoining Unit, or any adjoining part of the common areas and facilities shall be partially or
totally destroyed as a result of fire or other casualty or as a result of eminent domain
proceedings, and then rebuilt, encroachments and the maintenance thereof shall exist so long as
the subject building shall stand.
7. Provisions Concerning Exclusive Use Easement Areas
The grants of exclusive use easements as set forth in this Master Deed are subject to the
following conditions and restrictions:
a. An exclusive use easement is defined as the right to use an area of exclusive use
as shown on the Site flan to the exclusion of all other Units of the Condominium
except for that Unit which has the benefit of the easement; and
b. No Unit Owner shall make any use whatsoever of an area of exclusive use
as set forth in this Master Deed except for the Unit Owner whose unit has the
benefit of an exclusive use easement for the particular area.
The use of areas of exclusive use shall be subject to the provisions of this Master Deed,
the terms and conditions of GRAY'S BEACH CONDOMINIUM TRUST and all By -Laws and
Rules and Regulations enacted pursuant thereto. In no event shall the owner or owners of any
unit which has the benefit of such an exclusive use easement cause to have erected a fence or
other like structure around or upon any such area of exclusive use, with the exception of any
fences, stone. walls, patios, trellises or the like already existing thereon as shown on the Site Plan.
Further, any area of exclusive use located above components of the septic or sewer collection
system serving the units of the Condominium, is subject to the right of the Trustees of GRAY'S
BEACH CONDOMINIUM TRUST to obtain access to the said system for purposes of
inspection, maintenance, repair, pumping and/or replacement thereof.
S. Plans
The Site Plan, bearing the verified statement of a registered surveyor that said plan fully
and accurately depicts the location of the buildings included in the Condominium, and the Floor
Plan of the buildings and units included in the Condominium, showing the layout, location, unit
designations and dimensions of the Units, and bearing the verified statement of a registered
surveyor that said plans fully and accurately depict the same, are recorded herewith as follows:
a. Site Plan
"Condominium Site Plan for Gray's Beach Condominium, located at: 154 Center
Street, Yarmouth, MA., prepared for Ralph Crossen", dated February 20, 2006,
prepared by Yankee Survey Consultants, Unit 1, 40 Industry Road, P.O. Box 265,
Marstons Mills, Mass. 02648, (the "Site Plan") recorded with the Barnstable
County Registry of Deeds in Plan Book , Page , containing,
according to said plan, 19,950 square feet of land.
b. Floor Plans
"Unit Plan at Gray's Beach Condominiums located at 154 Center Street,
Yarmouth, MA prepared for Ralph Crossen", Graphic Scale 1 inch = 8 ft., dated
2/20/06 for Units 1,2,3 and 4; Sheets 1, 2, 3 and 4, which plans are recorded in
said Deeds in Plan Book , Page -
9. Interest of Units in Common Areas and Facilities
Each Unit of the Condominium shall be entitled to an undivided interest in the common
areas and facilities in the percentage specified therefor in Exhibit "C", annexed hereto and made
a part hereof, and shall at all times be in accordance with the provisions of said Chapter 183A
and distributed among the Units then included in the Condominium in fair and equitable
proportions.
10. Purposes
The building and each of the four (4) Units therein are intended for any residential
use as allowed by this Master Deed, the Condominium Trust, By -Laws, applicable local and
state laws, rules, regulations and by-laws. The Declarant may, until all of said Units have been
sold by said Declarant:
a. Lease units which have not been sold for use for residential occupancy; and
b. Use any units owned by Declarant as models for display purposes for the sale or
leasing of units.
11. Restrictions on Use of Units
Unless otherwise permitted by instrument in writing duly executed by the Trustees of
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GRAY'S BEACH CONDOMINIUM TRUST pursuant to the provisions of the By -Laws
thereof:
a. No Unit shall be used other than solely for residential purposes as a one -family
type or single household unit.
b. No Unit shall be used or maintained in a manner contrary to, or inconsistent with,
the By -Laws of the GRAY'S BEACH CONDOMINIUM TRUST and
regulations which may be adopted pursuant thereto.
C. The architectural integrity of the building and the Units shall be preserved without
modification, and to that end, without limiting the generality thereof, no awning,
screen, antenna, sign, banner or other device and no exterior change, addition,
structure, projection, decoration or other feature shall be erected or placed upon or
attached to any Unit or any part thereof; no addition to or change or replacement
(except, so far as practicable, with identical kind) of any exterior light, door
knocker, or other exterior hardware, shall be made, and no painting or other
decoration shall be done on any exterior part or surface of any Unit nor on the
interior surface of any window; provided however, that the provisions of this
subparagraph (c) shall not restrict the right of any Unit Owner to decorate the
interior of his Unit(s) as he may desire so long as such Unit Owner shall in no
way whatsoever after, remove or otherwise modify any structural components of
his Unit(s).
d. Dogs, cats or other customary household pet animals or birds not to exceed one
(1) in number may be kept in any Unit only by the Owner of such Unit, provided,
however that they are not in such number or type as to be noisome or offensive to
occupants of other Units, and shall be suitably leashed or caged whenever they are
on the Condominium premises outside the interior of any Units. In no event shall
any tenant or guest of a Unit Owner keep any such animal or bird in any Unit,
unless so authorized in writing by the said Trustees.
C. All use and maintenance of such Units shall be conducted in a manner consistent
with the comfort and convenience of the occupants of other Units and in
accordance with provisions with respect thereto from time to time promulgated by
said Trustees.
Said restrictions shall be for the benefit of the Owners of all of the Condominium Units
and shall be enforceable solely by the Trustees of GRAY'S BEACH CONDOMINIUM
TRUST as the persons in charge of the common areas and facilities, and shall, insofar as
permitted by law, be perpetual; and to that end, may be extended by said Trustees at such time or
times and in such manner as permitted or required by law for the continued enforceability
thereof. No such Owner shall be liable for any breach of the provisions of this paragraph except
such as occurs during his or her ownership thereof.
12. Amendments
This Master Deed may be amended only by an instrument in writing (a) signed by the
Owners of Units entitled to seventy (70%) percent or more of the undivided interest in the
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common areas and facilities, (b) signed and acknowledged by a majority of the Trustees of
GRAY'S BEACH CONDOMINIUM TRUST, and (c) duly recorded with the Barnstable
County Registry of Deeds, PROVIDED HOWEVER, that:
a. The date on which such instrument is first signed by a Unit Owner shall be
indicated thereon as the date thereof and no such instrument shall be of any force
or effect unless the same has been so recorded within six (6) months after such
date;
b. No instrument of amendment which alters the dimensions of any Unit shall be of
any force or effect unless the same has been so recorded within six (6) months
after such date;
No instrument of amendment which alters the percentage of the undivided interest
to which any Unit is entitled in the common areas and facilities shall be of any
force or effect unless the same has been signed by the Owners of the Units whose
percentage is changed and said instrument is thereon designated and recorded as
an Amended Master Deed;
d. No instrument of amendment affecting any Unit upon which there is a first
mortgage of record or a purchase money mortgage held by the Declarant or his
heirs or assigns shall be of any force or effect unless the same shall have been
assented to by the holder(s) of such mortgage(s);
e. 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
said Chapter 183A of the General Laws of Massachusetts shall be of any force or
effect.
13. Managing Entity
The Trust through which the Unit Owners will manage and regulate the Condominium
established hereby is GRAY'S BEACH CONDOMINIUM TRUST under Declaration of
Trust dated March , 2006, to be recorded herewith. Said Declaration of Trust establishes a
membership organization of which all Unit Owners shall be members in which such owners shall
have an interest in proportion to the percentage of undivided interest in the common areas and
facilities to which they are entitled hereunder. The names and address of the original and present
Trustees thereof (therein designated as the Trustees thereof) are as follows:
Ralph Crossen
Mary Crossen
The address of the Trust is:
18 Woodridge Road
Sandwich, MA 02537
18 Woodridge Road
Sandwich, MA 02537
18 Woodridge Road
Sandwich, MA 02537
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Said Trustees have enacted By -Laws, which are set forth in said Condominium Trust,
pursuant to and in accordance with provisions of said Chapter 183A of the General Laws of
Massachusetts.
14. Units Subject to Master Deed, Unit Deed and Condominium Trust
a. All present and future unit owners, their employees, tenants, guests, patrons and
visitors shall be subject to and shall comply with, the provisions of the Master
Deed, the Unit Deed, the Condominium Trust, the By -Laws and the Rules and
Regulations promulgated pursuant thereto, as they may be amended from time to
time, and the items affecting the title to the land as set forth in Sections 2 and b
above. The acceptance of a deed or conveyance or entering into possession of
any Unit shall constitute an agreement that:
(i) the provisions of this Master Deed, the Unit Deed, the Condominium
Trust, the By -Laws and the Rules and Regulations promulgated pursuant
thereto, as they may be amended from time to time, and the said items
affecting title to the land are accepted and ratified by such owner, tenant,
visitor, guest, patron, employee or occupant;
(ii) 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, as though such provisions were recited and stipulated
at length in each and every deed or conveyance or lease thereof; and
(iii) a violation of the provisions of this Master Deed, the Unit Deed, the
Condominium Trust, the By -Laws or the Rules and Regulations
promulgated pursuant thereto by any such person shall be deemed a
substantial violation of the duties of the Owner of the Unit.
b. The failure of any Unit Owner to comply with any of the provisions of the Master
Deed, Condominium Trust, the Rules and Regulations promulgated thereto and
Chapter 183A, shall give rise to a cause of action in the Trustees of said Trust,
and any aggrieved Unit Owner, who may then enforce said provisions in any
manner permitted by law, including without limitation, by court action, injunctive
relief, or damages on behalf of the Trust or individual Unit Owners.
15. Provisions for Protection of Mortgagees
Notwithstanding anything in the Master Deed, the By -Laws of the Condominium Trust,
or the Rules and Regulations promulgated pursuant thereto to the contrary, the following
provisions shall apply for the protection of the holders of the first mortgages (hereinafter "First
Mortgagees") of record with respect to the Units and shall be enforceable by any First
Mortgagee:
a. Any right of first refusal in connection with the sale of a Unit as may be hereafter
adopted shall not impair the rights of a First Mortgagee to:
L�
(i) foreclose or take title to a unit pursuant to the remedies provided in its
mortgage; or
(ii) accept a deed (or assignment) in lieu of foreclosure in the event of a
default by a mortgagor; or
(iii) sell or lease a Unit acquired by the First Mortgagee;
b. Any party who takes title to a Unit through a foreclosure sale duly conducted by a
First Mortgagee shall be exempt from any such right of first refusal adopted by
the Unit Owners and incorporated in this Master Deed or the By -Laws of the
Condominium Trust.
C. Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any
other remedies provided in its mortgage or by-law shall not be liable for such
Unit's unpaid common expenses or dues which accrued prior to the acquisition of
title to such Unit by such First Mortgagee unless obligated to pay the same by
law;
d. Except as provided by statute in case of condemnation or substantial loss to the
Units and/or Common Elements of the Condominium, unless at least fifty-one
percent (51 %) percent of the First Mortgagees (based upon one vote for each first
mortgage owned), or at least seventy (70%) percent of the Unit Owners (other
than the sponsor, developer, or builder) of the individual Condominium Units
have given their written approval, the Condominium Trust and the Unit Owner
shall not be entitled to:
(i) seek to abandon or terminate the Condominium by any act or omission
except in the event of substantial destruction of the Condominium by fire
or other casualty or in the case of taking by condemnation or eminent
domain; or
(ii) change the pro rata interest or obligations of any individual Unit for the
purpose of:
[a] levying assessments or charges or allocating distributions
of hazard insurance proceeds or condemnation awards, or
[b] determining the pro rata share of ownership of each Unit in
the Common Elements;
partition or subdivide any Unit; or
(iv) seek to abandon, partition, subdivide, encumber, sell or transfer the
Common Elements by any act or omission, provided, that the
granting of easements for public utilities or for other public
purposes consistent with the intended use of the Common
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Elements shall not be deemed an action for which prior consent of
the First Mortgagees shall be required pursuant to this clause; or
(v) use hazard insurance proceeds on account of losses to either the
Units or the Common Elements for any purpose other than to
repair, replace or reconstruct the same, except as otherwise
provided by statute in case of a taking of or substantial loss to the
Units and/or Common Elements.
e. Consistent with the provisions of Chapter 183A, all taxes, assessments and
charges which may become liens prior to a first mortgage under the laws of the
Commonwealth of Massachusetts shall relate only to the individual units and not
to the Condominium as a whole;
f. In no event shall any provision of this Master Deed or the By -Laws of the
Condominium Trust give the Unit Owner or any other party priority over any
rights of a First Mortgagee pursuant to its mortgage in the case of a distribution to
such Unit Owner of :insurance proceeds or condemnation awards for losses to or
taking of such Unit and/or the Common Elements;
g. A First Mortgagee, upon request made to the Condominium Trust, shall be
entitled to:
(i) written notification from the Condominium Trust of any default by its
borrower who is an owner of a Unit with respect to any obligations of such
borrower under this Master Deed or the provisions of the By -Laws of the
Condominium Trust which is not cured within sixty (60) days;
(ii) inspect the books and records of the Condominium Trust at all reasonable
times;
(iii) receive an annual financial statement of the Condominium Trust within
ninety (90) days following the end of any fiscal year of the Condominium
Trust;
(iv) receive written notice of all meetings; and
(v) receive prompt written notification from the Condominium Trust of any
damage by fire or other casualty to the Unit upon which the First
Mortgagee holds a first mortgage or any proposed taking by condemnation
or eminent domain of said Unit or the Common Elements.
h. No agreement for professional management of the Condominium or any other
contract with Declarant may exceed a term of two (2) years, and any such
agreement shall provide for termination by either party without cause and without
payment of a termination fee on thirty (30) days or more written notice.
The Declarant intends that the provisions of this Section 15 shall comply with the
requirements of the Federal Home Mortgage Corporation and Federal National Mortgage
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Association with respect to condominium mortgage loans and all questions with respect thereto
shall be resolved consistent with that intention.
The provisions of this Section 15 may not be amended or rescinded without the written
consent of all First Mortgagees, which consent shall appear on the instrument of amendment as
such instrument is duly recorded with the Barnstable County Registry of Deeds.
16. Conflicts
If any provisions of this Master Deed shall be invalid or shall conflict with Chapter 183A,
as amended, of the General Laws of Massachusetts, or if any provisions of this Master Deed
conflicts with any other provisions thereof or with any provisions of the Condominium Trust,
then the following rules of construction shall be used:
a. In the event of a conflict between the Master Deed or the Condominium Trust and
said Chapter 183A as amended, the provisions of Chapter 183A shall control;
b. The invalidity of any provisions of the Master Deed shall not impair or affect the
validity or enforceability of the other provisions of this Master Deed, and such
remaining provisions of this Master Deed shall continue in full force and effect as
if such invalid provisions have never been included herein;
C. In the event of any conflict between the preceding Section 15 and any other
provisions of the Master Deed or the Condominium Trust, the provisions of said
Section 15 shall control.
17. 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.
18. 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 provision
hereof.
19. Definitions
All terms and expressions used in this Master Deed which are defined in Massachusetts
General Laws, Chapter 183A shall have the same meanings here unless the context otherwise
requires.
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20. Governing Law
The Units and common areas and facilities, and the Unit Owners and Trustees of the
Condominium Trust, shall have the benefit of, and be subject to, the provisions of said Chapter
183A of the General Laws of Massachusetts, and in all respects not specified in this Master Deed
or in said Condominium Trust and the By -Laws set forth therein, shall be governed by the
provisions of said Chapter 183A 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 improvements and rebuilding of common areas and
facilities, and with respect to removal of the Condominium premises or any portion thereof from
the provisions of said Chapter 183A.
21. Declarant's Additional Rights; Assignment of Declarant's Rights
In addition to all other rights of Declarant hereunder, Declarant reserves unto themselves,
their workmen, servants, agents, contractors and work crews, the following rights to be in full
force and effect until the last Unit is sold, but in no event shall rights exist for more than fifteen
(15) years from recording of the Master Deed and Declaration of Trust with the Barnstable
County Registry of Deeds:
a. Access, ingress and egress over and upon the Common Elements, including that
deemed by the Declarant to be necessary for marketing purposes, to facilitate the
work of painting, improvement and other work in progress or contemplated by
Declarant during normal working hours; and
b. To leave debris resulting from such work in the Common Elements, but only
during working periods, provided the same do not endanger safety and provided
Declarant removes all such debris as soon as reasonably practicable.
Declarant, by deed or separate assignment, shall be entitled to assign any and all of his
rights hereunder and in the By -Laws at any time, and from time to time, to any person, trust, firm
or entity as may be determined by Declarant, or to the Condominium Trust.
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IN WITNESS WHEREOF, the said Ralph Crossen and Mary Crossen have placed their
hands and seals this day of March, 2006.
Ralph Crossen, Declarant
Mary Crossen, Declarant
COMMONWEALTH OF MASSACHUSETTS
Barsntable, ss:
On this day of March, 2006, before me, the undersigned notary public, personally
appeared Ralph Crossen and Mary Crossen personally known to me to be the persons whose
names are signed on the preceding or attached document, and acknowledged to me that they
signed it voluntarily for its stated purpose.
Daniel M. Creedon, III, Notary Public
My commission expires: 4/14/11
14
EDIT A
The land with the buildings thereon, situated in Yarmouth (Port), Barnstable County,
Massachusetts, described as follows:
LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on plan of land
entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. and Lydia H. Ellis" dated
May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass, which
said plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page
151.
The above -described property is conveyed subject to and has the benefit of all rights,
restrictions, reservations, easements, encumbrances, appurtenances, and rights of way of record,
insofar as the same are still in force and applicable.
For title see deed recorded in the Barnstable Registry of Deeds in Book 20612, Page 307.
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EXHIBIT "C"
Unit Designation Percentage Interest in
Common Areas and Facilities
Unit 1 30 %
Unit 2 26 %
Unit 3 23%
Unit 4 21 %
I HEREBY CERTIFY THAT THIS PLAN SHOWS UNIT 1 BEING CONVEYED AND THE IMMEDIA TEL Y
ADJOINING UNITS, AND THA T THEY FULL Y AND A CC URA TEL Y DEPICT THE LA YO UT OF THE UNIT
ITS LOCATION, DIMENSIONS, APPROXIMATE AREA, MAIN ENTRANCE AND IMMEDIATE COMMON AREA
TO WHICH IT HAS ACCESS AS BUILT.
DATE PROFESSIONAL LAND SURVEYOR
STEP
WIN.
KITCHEN
Nil
UNIT 1
FIRST FLOOR
COMMON o
HALL STAIR 'y COMMON AREA
UTILITIE CLOSET
BUILDING #154., UNIT 1
FIRST FLOOR AREA= 377' S. F. f
LOFT AREA= 267' S. F. f
TOTAL AREA= - 644' S. F. -I-
GRAPHIC SCALE
8 4 8 16
( IN FEET )
]_ inch = 8 ft.
WIN
STORAGE
b O
�\
Cl-
STAIR
UNIT PLAN A T
"CRA Y'S BEACH CONDOMINIUMS"
LOCATED AT.
154 CENTER STREET
YARMO UTH, MA,
PREPARED FOR.-
RALPH CROSSEN
DATE- R1,00/06
J11 54036 1
I HEREBY CERTIFY THAT THIS PLAN SHOWS UNIT ? BEING CONVEYED AND THE IMMEDIATELY
ADJOINING UNITS, AND THAT THEY FULLY AND ACCURATELY DEPICT THE LAYOUT OF THE UATIT,
ITS LOCATION, DIMENSIONS, APPROXIMATE AREA, MAIN ENTRANCE AND IMMEDIATE COMMON AREA
TO WHICH IT HAS ACCESS AS BUILT.
DATE
PROFESSIONAL LAND SURVEYOR
BUILDING #154, UNIT 2
AREA= 454 ' S. F. f
GRAPHIC SCALE
8 4 8 16 32
{ IN FEET }
I inch = 8 ft..
UNIT PLAN A T
"CRA Y'S BEACH CONDOMINIUMS"
LOCATED AT
154 CENTER STREET
YARMO UTH, MA.
PREPARED FOR:
RALPH CROSSEN
DATE 2120106
J,f 540,36-2
I HEREBY CERTIFY THAT THIS PLAN SHOWS UNIT 3 BEING CONVEYED AND THE IMMEDIATELY
ADJOINING UNITS, AND THAT THEY FULLY AND ACCURATELY DEPICT THE LAYOUT OF THE UNIT,
ITS LOCATION, DIMENSIONS, APPROXIMATE AREA, MAIN ENTRANCE AND IMMEDIATE COMMON AREA'
TO WHICH IT HAS ACCESS AS BUILT.
DATE PROFESSIONAL LAND SURVEYOR
TRELLIS
PATIO UNDER
N ENT.
KITCHEN
UNIT 3FIRST FLOOR
cws�r courrrsx
EDGE OF LOFT
STAIR
LI VINGROOM 4STOOP
WIN.
BUILDING #15 4, UNIT 3
FIRST FLOOR AREA= 238' S. F. �
LOFT AREA= 94' S. F. f
TOTAL AREA= 332' S. F. f
GRAPHIC SCALE
8 (1 4 8 16
( IN FEET )
1 inch = 8 ft.
UNIT 3
LOFT/BEDROOM
7s'TAIOF
LOFT
R
32
UNIT PLAN AT
"CRAY'S BEACH CONDOMINIUMS"
LOCATED AT
154 CENTER STREET
YARMO UTH, MA.
PREPARED FOR-
RALPH CROSSEN
DATE` 2/20/oe
J# 54036-3
I NERERY CERTIFY THAT THIS PLAN SHOWS UNIT 4 BEING CONVEYED AND THE IMMEDIATELY
ADJOINING UNITS, AND THAT THEY FULLY AND ACCURA TEL Y DEPICT THE LAYOUT OF THE UNIT,
ITS LOCATION, DIMENSIONS, APPROXIMATE AREA, MAIN ENTRANCE AND IMMEDIATE COMMON AREA
TO WHICH IT HAS ACCESS AS BUILT.
DATE PROFESSIONAL LAND SURVEYOR
fool
WIN.
LIVINGROOM BATH
UNIT 4
KITCHEN
BUILDING #154., UNIT 4
AREA= ?6,?' S. F. f
GRAPHIC SCALE
4 8 16
IN FEET ;
1 inch = 8 ft.
I
UNIT PLAN AT
"GRA Y'S BEACH CONDOMINIUMS"
LOCATED AT
154 CENTER STREET
YARMO UTH, MA.
PREPARED FOR.
RALPH CROSSEN
32 DATA'-/,-0/06
J# 54036-4