The URL can be used to link to this page

Home My WebLink About4977 64 Kings Circuit Master Deed to Kings Wayr. N O TER DrEDbi t7 fAyE 223 ' N 0 T • A N A N ((�� F T A F T �dj A L This KINGS WK'YLM E$ DJE4 Mting a Congo�t[in�unG this,;/ day of July , 1987, Witnesseth That:U N 0 T N 0 T A N A N The Green Co4aEy,FIdc.Q aIIMAsichusetts cArFbrFtibnChaiFiA L a usual place of business0 of 41 Glen Avenue, NewtonC, 0 P Y Massachusetts (hereinafter called the Declarant), being the Declarant of the Declaration of Trust of the Kings Way Trust, dated May 12, 1987, registered as Document No. 433670, and being sole owner of certain premises in the Town of Yarmouth, Barnstable County, Massachusetts, hereinafter described, by duly executing and registering this Master Deed, does hereby submit said premises to the provisions of Chapter 183A; and to that end the Declarant hereby declares and provides as follows: 1. RM The name of the condominiums established and to be established by the Declarant pursuant to said Declaration of Trust of the Kings Way Trust shall be "Kings Way". The several condominiums, or parts or phases thereof, so established may be distinguished when necessary or appropriate by supplemental designations, and to that end the condominium phase hereby established may be designated as Kings Way North. r i 2., CONDOMINIUM PRfl12I=T ^ N O T A N BOO `J� i 0 il��'c 2• A N i O F F I C I A L O F F I C I A L The premises whichCrr©sopUL' constitute the condonipigM y comprise the land situated Ooneings Circuit in Yarmouth,0 T Barnstable County, MassaAhtHetts, shown and designate(A aJN Parcel A-1 for coOndomi u8 a I n`� 16poses ando s ow I C an L a06�4 attached to the Condominium Phasing Lease and Purchase Option hereafter referred to, being a portion of the land presently shown as Lot 46 on Land Court Plan No. 34279G, subject to and together with the benefit of the Special Permit and Variance Decision of the Yarmouth Board of Appeals, hereinafter specified, and other rights, easements and provisions referred to in Exhibit A annexed hereto and made a part hereof, and subject in part to said Condominium Phasing Lease and Purchase Option hereinafter referred to, together with the buildings and improvements now situated on said Parcel A-1. Also included in the condominium in addition to said Lot 46 are Lots 43, 44, 45, 47, 480 49, 50, 520 53 and 54 shown on said plan, Lot 42 shown on Land Court Plan No. 34279E, and a parcel of unregistered land shown as Lot 7 on a plan recorded with Barnstable Registry of Deeds, Plan Book 224, Page 129. This Master Deed is to be recorded with Barnstable Registry of Deeds, and the presently registered portions of the condominium premises are to be withdrawn from the provisions of M.G.L. c185. The Condominium is to be established in several phases, -2- 70 herein called Parts. SgdcPafce 58A comprises �Parcel - d N A-2. Part 1-1 of the CorMorUnium consists of Parcel AAI,Nwhich O F L Z APO F I C I A L is not subject to the &4o4nyim teasing Lease and �uUnpe, Option, and the Buildings containing Residence Units, and other improvements now thereon AaNdescribed in the follows ;ONT Sections 4 througQ 9E FPaIt (3-2I ol� the CondominuE cI,nshsQ ;f A L Parcel A-2 and the buildings and improvements to be erected Y thereon. Parts 2, 3, 4 and 5 of the Condominium, if included therein, will consist of such parcels or lots comprised in the land shown on said Land Court Plans No. 34279G and No. 34279E, as are subject to the Condominium Phasing Lease and Purchase Option, and the buildings and improvements hereafter to be erected thereon, which may be included (but are not required to be included) in the Condominium as Additions pursuant to provisions of Section 13 hereof. As provided therein, it is contemplated that each of said Parts may be divided into several sub -parts which may be added to the Condominium from time to time. Nothing herein shall be deemed to require the inclusion of any such Part in this Condominium nor to preclude the inclusion of any of said parcels or lots, or portions thereof, in other condominiums established pursuant to provisions of the Kings Way Trust. The buildings containing Residence Units comprised in Part 1-1 of the Condominium consist of Buildings Nos. 3, 41 5, 6 and 7, each of which is constructed principally of poured -3- I BOD 55 7 0 FADE 226 concrete foundations, basement walls and floor slabs, wood •frame construction, wood4?h ng and asphalt shingle roo�q. 1�� 1111`�N Each of Buildingd)NFs.CF3,I 5Can$ 'Acfintains fiv® IfsgiedceC I A L Units, and each of Build o gs Nos. 4 and 6 contains 8x0 P Y Residence Units. The lNc&Qitns of said Buildings andN ofl twe access ways there-oFo,ts�dCprfmhset are shownoot t�e fit! YBA L hereinafter specified.0 O P Y C O P Y The twenty-seven Residence Units in Part 1-1 of the Condominium and the designations, locations, approximate floor areas, number of rooms, immediately accessible common areas and Unit Types thereof are as shown on the Floor Plans thereof, hereinafter specified, and as set forth in Exhibit B hereto annexed and incorporated herein. All Units in Part 1-1 of the Condominium are of Residence Unit Types A, B, C, D and E, as hereinafter defined. Future Parts of the Condominium may include Units of the same Types and also may include Units of other sizes and Types, including Town House Types, Garden Apartment Types, Retirement Residence Types, and others, which shall be defined in the Amendment of Master Deed by which such Types are included. Each Unit of Type A is a two -bedroom residence which contains and includes: a foyer, living room, dining room, kitchen with breakfast area, master bedroom with full bath, and second bedroom with full bath, all on one floor. -4- . 6NI 3870 AL 227 Each Unit of Type B 1spa Vo-bedroom residence whActb T contains and includes: aNf er, living room, dining r6%mN O F F I I A L O F F I C I A L kitchen with breakfast(par@atp aqd powder room on the (giDstp y floor; a master bedroomyi8h Pull bath and second bedfooa wgth full bath on the second fAocM. A N O F F I C I A L O F F I C I A L C O P Y C O P Y Each Unit of Type C is a two -bedroom residence which contains and includes: a foyer, living room, dining area, kitchen, powder room and master bedroom with full bath on the first floor; d second bedroom with full bath and loft area on the second floor. Each Unit of Type D is a two -bedroom residence which contains and includes: a foyer, living room, dining room, kitchen with breakfast area, powder room and master bedroom with full bath on the first floor; a second bedroom with full bath and loft area on the second floor. Each Unit of Type E is a two -bedroom residence which contains and includes: a fcyer, living room, dining room, kitchen, master bedroom with full bath, and a second bedroom with full bath, all on one floor. Every Unit, of each of the Unit Types, also contains and includes closets, hallways, and where there is more than one floor, an interior stairway connecting the floors of the Unit, and unless otherwise specified in Exhibit B, a full basement. -5- saor 5570 ma 2a The elevations with respect tTTo mean sea level of the floors of the Units are set forthNOR;ibit D hereto annexed 6V ONT incorporated herdinF F I C I A L O F F I C I A L C O P Y C O P Y 6. B0UNDARiEs of k1YQs `l.' N 0 T A N A N O F F I C I A L O F F I C I A L The Boundaries of CRe8qdVnc7e Units with respect 9) QhcP Y floors, ceilings and walls, and the doors and windows thereof, are as follows: (i) Floors: The upper surfaces of the concrete basement floor, and the planes of the upper and lower surfaces of the structural floor joists of other floors. (ii) Ceilings: The planes of the lower surfaces of the ceiling joists. (iii) Interior Building Walls Between Units and Bearing Walls Within Units: The planes of the surfaces facing such Unit of the wall studs. (iv) Exterior Building Walls: The planes of the interior surface of the wall studs or of the concrete walls in the basement area. (v) Doors and Windows: As to doors, the exterior surfaces thereof, and of door glass and door frames; and as to -6- as 5870 PAGi 229 windows, the exterior spFfacql of the glass and of the w01ndpw frames. A N NA N.11 O F F*I C I A L O F F I C I A L C 0 P Y C 0 P Y 7. RIGHTS AND OBLIGATIONS APPURTENANT TO UNITS N 0 T N 0 T A N A N The Unit OwndQ R FnyIRcQiden&a runit may MtForffy IsuGjeTbtA L to the provisos prohibiti0ng addition of bedrooms and li iting bathrooms in basements) 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 it and 12 hereof, and may, subject to the provisions of the'next sentence, modify, remove and install non -bearing walls lying wholly within such Unit; Provided, However, that no such alteration shall, without the prior written consent of the Declarant either (a) increase the number of bedrooms contained in such Unit, or (b) result in the use of any basement space or loft space as a bedroom. Any and all work with respect to installation, modification or removal of interior non -bearing walls or other improvements shall be done (a) by and at the sole and separate expense and responsibility of the Unit Owners doing the same, (b) in a good and workmanlike manner, in a fashion that will not impair the structural or architectural integrity of any part of the building in which the Unit is situated or any other part of the Condominium premise, or interfere with the use or enjoyment of any of the other Units or the common areas and facilities by others entitled thereto, -7- E ar.o 5870 1AE 230 (c) pursuant to all applicable laws and regulations of governmental bodies ha v gQj�ttisdiction thereof, inc]MdPrLgT NN without limitatiCxh,Fzc5idg,Cbu$idinTb„ health, ®a$tjti6n (Ind A L fire protection laws and Qregulations, and pursuant o Ca P Y building permit therefoNo QfTcequired by law, and (djipWrsWant to plans and spe c iA s r f which hae b N 't d Ct�ioL v �` tieA L to and approved in adian@3 $f %ny work relating theQetQ AtYthe reasonable expense of the requesting Unit Owner) by the Board of Trustees (and appropriate, professional consultants) of the Kings Way Condominium Trust (said Trust being hereinafter referred to as the "Condominium Trust" or the "Trust", and said Board of Trustees being sometimes hereinafter referred to as the "Trustees"), which approval shall not unreasonably be withheld or delayed. The Unit Owner performing such work shall be responsible for any damage to other Units or common areas and facilities caused by or attributable to the same or any work relating thereto, and such Unit Owner shall carry adequate and appropriate insurance relating to all such work (including any such insurance which may reasonably be required by the Trustees), and shall be liable for and pay any increase in common expenses directly caused by or attributable thereto, including, without limitation, any increase in insurance premium for the Condominium master policy or policies of insurance. -8- Bou S6 i 0 Ma 231 N O T N O T Each Residence UFnit �a)a havF-Ie appurtenant theretoAMW exclusive rights anti s eeosI(Ae16ExclusiveOResirgn& in A L Easements"), exercisable subject to and in accordancewiththe provisions and requiremeflAB Rf this Master Deed and t1i�ONT provisions of theDBf-LEwsIoJCtlie $orrdominium Ti%sE Ad Ith6 I A L rules and regulations promulgated pursuant thereto, to O use (a) the deck if included with such Unit and the land area immediately beneath the deck, (b) the stoop adjacent to the front door of such Unit, (c) the chimney serving such Unit (but not the outside enclosure thereof), (d) the heating and air-conditioning unit serving the Unit, (e) if included with the Unit, such front and/or rear courtyard areas adjacent to such Unit as are shown on Sheet 1 of the Plans or the site plan of an Addition to the Condominium or are specified in a plan annexed to the deed of such Unit by the Declarant to a purchaser thereof, and (f) such parking space, garage or carport, and such related driveway area, as is or are designated for such Unit either on a site plan recorded with this Master Deed or an amendment thereof or in and by the deed of such Unit by the Declarant to a purchaser thereof. The foregoing facilities or areas referred to in clauses (a), (b), (c), (d), (e) and (f) of the preceding sentence shall be maintained, repaired and replaced as necessary, by and at the sole and separate expense and risk of the Owners of such Units as hereinafter provided, except that the Trustees shall have the responsibility to have the structure and exterior of the garages (but not garage doors) and the driveways referred to in -9- V ODOR 5670 PAGE 232 (f)-repaired, replaced, or maintained as necessary and plowT�ed and kept reasonably clearA,% snow and ice, the expens 02 T ich shall be treated ®sFa Fom]aoiC aieaAelvense hereQdFr rand[ u(Mel- A L the Declaration of Trust re Ferred to in Section 11 hero J Flo modifications of or work1 oQ iRy of the facilities or Wr®sT referred to in s"dFc1puspsdaj, AbL, (c), (d)O (p) en� 4) I A L shall be made or done rexAPF p'drsuant to plans and C O P Y specifications therefor which have been submitted to and approved in advance by said Board of Trustees. All maintenance, repair and replacement required herein to be performed by and at the sole and separate expense of Residence Unit Owners shall be performed and conducted in accordance with the provisions and restrictions set forth herein, and in the Condominium Trust or the rules and regulations promulgated pursuant thereto, If the Owner of any Unit shall fail or neglect so to maintain, repair and replace any facility, area or item required herein in a proper manner, or if the Owner of any unit shall fail to perform any other work or take any action required to be done or taken pursuant to this Master Deed, the Condominium Trust, or the rules and regulations promulgated pursuant thereto, the Trustees may, but shall not be required to, do so and charge such Unit Owner for the costs thereof, for which such Unit Owner shall be liable in addition to such Owner's share of the common expenses, and until such charges are paid by the such Owner, the same shall -10- constitute a lien again (3ugp Unitb-'POW&fAgo q§a groyis+pns of Section 6 of said ChapleN 183A. A N O F F I C I A L O F F I C I A L C O P Y C O P Y The maintenance, repair and replacement obligations herein N O T contained notwithstanding Re Trustees may, in the ex�rohse of their discretion OrJqulrreleCtaili4hgd levels oQ AigerJanC-e 164 L C O P Y C O P Y upkeep by the various Unit Owners with respect to those facilities, areas and items which Unit Owners with respect to those facilities, areas and items which Unit Owners are required herein to so maintain, repair and replace and the Trustees may reasonably regulate and control and make rules relating to the appearance, painting, decorating and utilization of such facilities, areas and items. 8. DESCRIPTION -OF COMMON AREAS AND FACILITIES The common areas and facilities of the Condominium comprise and consist of; (a) the present fee title in possession in and to said Parcel A-1 as hereinbefore referred to, (b) the fee title in the additional Lots specified in Section 2 hereof, + including the reversionary estate in the fee title in such parcels or lots comprised in the land shown on Land Court Plans No. 34279G and No. 34279E, as are subject to the Condominium Phasing Lease and Purchase Option, together with the benefit of and subject to the Special Permit and Variance Decision and the other rights, easements and provisions referred to herein and in Exhibit A, and subject to (1) the reservation to the Declarant of the development -11- BOON 56 70 ML 234 rights in and to all of said parcels and lots, (2) said Q Condominium Phasing Lea e� Purchase option, pursuank Im— which any one or QhoFe Ff IsaCd ia&eIs and l0t:80m4 :Fe iTncrIu&dA L in or excluded from the C�onclominium, and (3) the provisions of Section 13 hereof; (c)NtQ Wand, or open space right% i% The A N A N land, designated OtoFbeFoVenOppc%pursuant andOs#jIctItR,-sVI'dA L Special Permit and Vazca rQePDAision, and subject tC (Q) P Y conveyance pursuant thereto of the underlying fee title therein to the Kings Way Trust, and (2) provisions of the Golf Course Lease referred to in Section 9 hereof; (d) the foundations, structural columns, girders, beams, supports, exterior walls, interior structural or bearing walls, wails dividing Units from other Units or from common areas and facilities (but not including non -bearing walls within Units), and roofs of the Buildings; (e) all buildings, structures and facilities, or reversionary estates therein, comprised in the community facilities referred to in Section 9 hereof, subject to provisions of the Community Facilities Lease referred to therein; (f) all conduits, ducts, pipes, plumbing, sewage disposal plant, facilities and equipment, leaching fields and related facilities (whether located within the Condominium premises or within easement areas appurtenant thereto), wiring, chimneys, flues, fire protection systems, equipment and other facilities (including master television antenna and cable television systems, lines, and facilities, if any), and all facilities for the furnishing of water utilities and services -12- Yr ._ _'� __... _ - - _... ._•----ter eeox 5670 PAGE 235 which are contained in fr 6erfe portions of the buildAng5 Vhich contribute to the structu%elir support thereof, and alk such O F F I C I A L O F F I C I A L facilities contained w&tb6n1pnIkUnit which serve por(ti"spofy the Condominium other than the Unit within which such N O T N O T facilities are contained,A(N the yards (including areg Vie exclusive use of QhAhC aO PeYP&Aded to Un{t FwAr ,C I A L lawns, roadways, plants, and walkways on the Condominium premises and the improvements thereon and thereof; (h) such recreational facilities as may be constructed on the Condominium premises (the right to construct and install the same being hereby reserved to the Declarant without the consent of any Unit Owner); (i) the outside parking spaces (the "Guest Spaces") on the Condominium premises; and (j) all other elements and features of the Condominium property, however designated or described, excepting only the Residence Units themselves as herein defined and described. In addition to the Exclusive Residence Unit Easements herein before provided, the Trustees may, from time to time in their discretion, with respect to each Unit grant an easement or license to a portion or portions of the common areas for the exclusive use of the Owner of such Unit for landscaping, gardening, parking and other purposes in accordance with plans approved by the Trustees. Each land area so designated shall be maintained properly by the Owner of such Unit at such Owner's expense, subject to and in accordance with said By -Laws -13- i' It error 5870 rw 236 and rules and regulations, pursuant to which said Trustees may, .if any of the same are no�0Y properly maintained, un3y(ke the maintenance tMeEbol' alid Cbh1rgJb Duch Unit OfheY t$ie koCt I A L thereof for which suchCUni t POwner shall be liable in addi�ion to his share of the comMnOe4enses, and until such MaQefiT are paid by such Unibo)ref, P h t sfmeAstall constibutp . 1 e I A L against such Unit pursgaiQ Po'the provisions of Seclglog 6Po1Y said Chapter 183A. 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 of each Unit shall have, as appurtenant to such Unit, the rights and easements, in common with the Owners of all other Units and subject to like rights and easements appurtenant to such other Units, to use the common areas and facilities of the Condominium; provided, however, that the rights and easements in and to such common areas and facilities shall be subject always to (i) such exclusive rights, easements and limitations on use contained in other portions of this Master Deed or as may hereafter be established pursuant to the provisions of this Master Deed, the By -Laws of the Condominium Trust$ and the Rules and Regulations of said Trust; (ii) provision of Section 12 of this Master Deed; (iii) the right of incursion of the golf course and persons playing thereon onto the land included in the Condominium from adjacent fairways and playing areas; (iv) the easements, rights, and -14- %70 Fm 237 restrictions and other Ffc"igons referred to in Exhij4ibAT .hereto; and (v) provision% A the By -Laws of the Condohinklum O F F•I C I A L O F F I C I A L Trust and to rules andCrcou:�attons promulgated purs"nb "rjato. N O T N O T The Trustees and/or t,he lfeclarant shall have, and MeN hereby granted, t9e FrifhtOoPaY eis rto or throAhFeJchO np Yndh L any area or facility, the exclusive use of which is provided to the Unit, for purposes of: (i) operation, inspection, protection, maintenance, repair and replacement of common areas and facilities or of other Units or any exclusive areas or facilities provided to such other Units; (ii) 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; and (iii) for such other purposes as the Trustees and/or the Declarant deem necessary, appropriate, or advisable. The Trustees and/or the Declarant may, for foregoing purposes, require each Unit Owner to deposit a key to each Unit with the Trustees and/or the Declarant. The Trustees shall also have, and are hereby granted, the exclusive rights to maintain, repair, replace, add to and alter the roads, ways, paths, walks, utility and service lines and facilities, lawns, trees, plants and other landscaping comprised in the common areas and facilities, other than such common areas and facilities the exclusive benefit of which is for a particular Unit Owner as hereinelsewhere provided, and to -15- eaor 5670 PAGE 238 make excavations for sa eur�osesj and no Unit Owner s alL do • any 1of the foregoing witiftuN the prior written permissppnlgof said Trustees in ea& �n�a�� 44 Trustees PhAl �}a�e A L right to use and to draw water from sillcocks belonging to Units; provided that the ATOrees shall reimburse Uni"BA6ra for the reasonabQ Fb9Fs,I aC d$t*mJped by thedr�lsEbell, S@f I A L water so drawn and chargeQd �o vnit Owners. C O P Y 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 facilities as a result of settling or shifting of a Building or otherwise, 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, and 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 of parts of the common areas and facilities upon any Unit or of any Unit upon any other Unit or upon any portion of the common areas and facilities, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the subject Building shall stand. -16- i • N O T Bt.0 58: Ia�E �� N O T 9. COMMUNITY FACT fi'IMs GOLF COUR6E A N O F F-I C I A L O F F I C I A L C O P Y C O P Y The Declarant hereby makes provision with respect to the Kings Way Golf Course an �nmunity Facilities as fo lAwsA O F F I C I A L O F F I C I A L C O P Y C O P Y A. Pursuant to provisions of the Special Permit and Variance Decision the Declarant may include in the Kings Way development a golf course and community facilities comprising a clubhouse and pro shop, dining rooms, lounge, bar, kitchen, coatrooms, restrooms and related facilities, and also a variety of recreational, community, health, service, sales, management, shopping and other facilities of similar kinds. To the extent that such facilities are provided the Declarant, it is the intention of the Declarant to provide for the continuing care and management of such facilities by means of a Golf Course Lease and a Community Facilities Lease, and other appropriate documents and agreements. B. Green Links, Inc., a Massachusetts corporation, will be the Lessee under such Golf Course Lease, and will manage and operate an 18-hole golf course which the Declarant intends to construct within the Kings Way development. The land included in the golf course constitutes Open Space in accordance with the requirements of the Special Permit and Variance Decision, and shall be preserved as Open Space. To that end the Trustees of the Kings Way Condominium Trust shall convey to the Trustees of the Kings Way Trust under Declaration of Trust dated May 12, -17- BOOR 58 i O fAu 240 1987,. registered as Document No. 433670, the Lots which are to constitute Open Space, Ao : Lots 43, 44, 45, 47, 4E'Aq9.,T50 52 and 53, subject$ 95 &hdIw11hIthh ffenefit of EheFGd1nd a9M I A L Agreement registered pri r hereto by and between the De�clarent and the Trustees of Kin* QayTTrust. said land and tie QoJ2 course itself, c99ptillingittesi gAeVs, fairwabF,Fh1F,rAidsC afdA L all of the equipment aQd Qa&lYties of the course, Gall $e Y demised under the Golf Course Lease to said Lessee and its successors and assigns. It is expressly provided that for so long as the Declarant, or the Lessee or its successors and assigns shall maintain and operate a golf course on the Kings Way premises, residents of Kings Way shall be afforded the primary opportunity of membership in the golf club, subject to such limitation of the total number of members in various membership categories as the Lessee may establish in its reasonable discretion. Charter membership in the golf club shall be available only to owners of Residence Units in Kings Way, and the ownership of the leasehold of the golf course facilities shall devolve to the Charter Members. The Declarant and the Lessee shall also have the right, for such period as may lawfully be allowed after the opening of the course (which has not yet occurred), to extend the use of the golf course and golf course accessory facilities, if constructed, together with the clubhouse and pro shop, to the public on a greens fee charge or other monthly or seasonal charge basis, and during said period members of the public who are not residents may also be eligible for membership in the golf club. -is- ` po 70 C. Kings Center, 7Rca #i Massach DO c nd tail be the Lessee under such $onNunity Facilities Lease, adfi M11 O F F I C I A L O f' F C A L manage and operate suct cnipy facilities as t e 8erdaprnt may oonstruct within Kings Way, in such locations as N O T N Q T maylawfully be permitted AorNthat purpose. The land su "t to said Lease may beCa Fpo?tiJn 9f �:h& O�Ven Space cQ AayFbel C I A L C O P Y C O P Y included in the condominium, or a phase or Part of a Condominium, and the reversionary estate in the community buildings and the fixtures, equipment and facilities thereof may be vested in the Kings Way Trust or may be included in the common areas and facilities of such condominium, subject to the proprietary rights and managerial control of said Lessee and its successors and assigns. It is expressly provided, however, that for so long as the Declarant, or the Lessee or its successors and assigns shall maintain and operate any such community facilities on the Kings Way premises, residents of Kings way shall be afforded the primary opportunity to use such facilities, as appropriate, subject to such meals charges and other user fees as the Declarant or the Lessee (or its sublessees, licensees or contractors) may reasonably establish. The Lessee has the right to operate any such facilities through sublessees, licensees or contractors, and, as appropriate, to operate the same on a membership -club basis, with residents of Kings Way being eligible for membership. Nothing herein contained shall be deemed, however, to preclude the provision within a particular condominium development, or phase or part thereof, on any lot or parcel in Kings Way, of dining facilities or other service, social, -19- 6001:5810 ME 242 recreational or communit� O ciilities which are dedicatedO T exclusively or primarily Ao lfesidents of such condominjimN or phase or part the9egf .F I C I A L O F F I C I A L C O P Y C O P Y All costs of mainte ti@,Trepair, upkeep, insura-h� ON operation and stOfFhgFofj sC1djccAimqpity facilOtijPs 3ha11CbeI A L common expenses of the KAJ Way Trust, and all suchC A & Y incurred by the Lessee shall be reimbursed to it by the Kings Way Trust; provided, however, that all receipts and income derived by the Lessee from said community facilities and the operation thereof shall be credited and applied against such costs. If and to the extent that the Lessee shall defer, or temporarily refrain from seeking reimbursement fox, charges to the Kings Way Trust for such costs, the obligation of the Kings Way Trust to reimburse the same shall continue, provided that written request for the same, specified in reasonable detail, is submitted no later than six months after the expiration or termination of the Community Facilities Lease. It is further provided that upon the expiration or termination of the Community Facilities Lease, the ownership of the community facilities shall vest in the Kings Way Trust as part of the common property and assets of the Kings Way Trust and shall continue to be available for the use of residents of Kings Way and covered by common expense charges assessed by the Kings way Trust. -20- N 0 T saa Sb 70 %L 2-13 N 0 T 14. A N A N O F F I C I A L O F F I C I A L C 0 P Y C 0 P Y The Condominium Plans comprise a site plan entitled "Site Iq Plan. - Kings Way",tOagng a final revision date gf lqune 29, 1987, prepar(Q IVY XrrbwQnjir&ehng, Inc.,Oarid Eodr rplaTnsA L entitled "Kings Way CondoOmin um," dated July 1, 1987 pr pared by David A. Galler, Registered Architect (collectively, the "Plans"), recorded herewith. The site plan (Sheet 1 of the Plans), showing the Buildings in Part 1-1 of the Condominium, and the floor plans of the Buildings and Units included in Part 1-1 of the Condominium (Sheets 2 through 6 of the Plans), showing the layout, location, Unit designations and dimensions of the Units, and each bearing the verified statement of a 4 registered professional land surveyor or architect stating that the Plans fully and accurately depict the same as built, are recorded herewith, and consist of the following: Sheet 1 - Site Plan Sheet 2 - Building 3 Floor Plans Sheet 3 - Building 4 Floor Plans Sheet 4 - Building 5 Floor Plans Sheet 5 - Building 6 Floor Plans Sheet 6 - Building 7 Floor Plans -21- i �I eaor.Sb74 fh�E 244 N O T N O T A N A N With respect QoFBufldlnfs ihihhImay be addGd Fo Fhd C I A L Condominium pursuant to SectPion 13 hereof, this Master Deed Y will be amended pursuantN t9 aMid Section 13 at the tiNe QrT times that such gyitdipg� ale nc u�ed in the o n N d �P' f i"� ar A L each such amendment shQlPbP rWcorded with Barnstab% %g$say of Deeds, together with a set of floor plans of each building in each such addition, showing the layout, location, Unit designations, and dimensions of the Units, and bearing the verified statement of a registered architect or engineer or land surveyor that said plans fully and accurately depict the same as built. 11. UO The purposes for which the Buildings, the Residence Units and other facilities (which terms shall include additional Buildings and facilities hereafter added to the condominium, and the Units and other facilities therein, as and when the same are included in the Condominium pursuant to Section 13 hereof), are intended to be used are as follows: A. Each of the Residence Units is intended to be used solely for single family residence purposes subject to the restrictions set forth in the following Section 12; provided, -22- i 5670 PA&E 245 however, that such Unitmey to used (a) by the Declana" T hereof, for other purpose& Arsuant to provisions of th% N O F F I C I A L O F F I C I A L following paragraph D tf ibhip Section 11, and (b) foe Re 4 Y other purposes as shall lbe 0approved in writing by the N ruus Tes of the Condominium Trust -A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y a. Driveways and outside parking spaces are intended to be used only for the parking of private passenger cars of occupants of Residence Units in the Condominium or their guests, and not for trucks, campers, or other vehicles or storage except with the prior written permission of the Trustees of the Condominium Trust. No motorcycles or t snowmobiles shall be operated on the Condominium premises, but nothing herein shall preclude or limit the use of wheel chairs, whether or not motorized, or other vehicles designed to serve handicapped persons. C. Any and all common recreational, social and service facilities from time to time included in the Condominium are intended to be used for the private recreational and social enjoyment of, and service to, Owners of the Condominium Units and their families and guests, subject to provisions of the By -Laws of the Condominium Trust and to rules and regulations promulgated pursuant thereto, and subject to the provisions of the following Section 12; provided, however, that such common recreational facilities or portions thereof may be used for -23- eaoK 5�'70 pAcE 246 such other'purposes as shall be approved in writing by the Trustees of the Condomi NmOITrust, and provided that aki NT facilities under QhiFQE1fIIC(irIe ,&eSse and ComA%nff'tIFFaTciCitleeA L ' Lease referred to in Section 9Yhereof are subject to prOovsions thereof. N O T N O T A N A N O F F I C I A L O F F I C I A L D. Notwithstandilgg Qht? f1gregoing provisions ole tflsP Y Section 11, and the provisions of the following Section 12, the Declarant, any affiliate of the Declarant, or such other person or entity as is designated by the Declarant hereof may, for its own account: (a) let or lease Units which are owned by it: (b) sell, assign, let, lease or reserve (or reserve for future sale, assignment, letting, or leasing) the exclusive right to use parking spaces in the Condominium (other than spaces conveyed as part of Units theretofore sold); (c) use any Units owned or leased by it as models, offices, and/or storage areas or otherwise, for purposes of construction, promotion, sale, resales, or leasing of Units, or for any other lawful purposes, and use any of the common areas and facilities, or portions thereof, for office and meeting purposes and for purposes of promotion, sale or leasing of Units; -24- N O T vci t %O m6E 2-17 N O T A N A N (d) so long ®s IbeFlulaA2 dr AnyLaffiliate OfEbeklaTiraft I A L owns any Unit, including* without limitation, any moacelo Units, in the Condominium, erect £hdTmaintain signs in and oA] t®e T common areas and Gal lViis Cf IthA Condominium cnrg41 i'P, C I A L without limitation, foP a9y 18f Xhe purposes permitteg A &iX Section 11; (e) proceed, together with its contractors and other appropriate personnel, to complete any construction, landscaping or the like in or to the common areas and facilities and/or any renovations, finishing work or the like in or to any Units to be done by the Declarant, and exercise all rights reserved to or conferred upon the Declarant pursuant to and in accordance with the provisions of this Master Deed; and (f) declare, establish and apply such requirements as to the age of purchasers and occupants of Units as may lawfully be applied to portions of the condominium premises which may be duly determined to constitute a self-contained retirement community for the elderly, or the equivalent as defined or specified in applicable laws. -25- r I saof 5670 %E 248 12. RESTRICTIONS ON USE N O T N O T A N A N The ResidenceOuiRtY acid Qhd chmden areas aQ F'acHli$iQ If A L C O P Y C O P Y the Condominium shall be subject to the restrictions that, unless otherwise permittidObyTan instrument in writinV d 1YT executed by the T %,epa rf dhl C)kn fominium Tr,ttFpuyltl� tf A L provisions of the By-L&aOtArYof hereinafter referiedgo$ )(a) no such Unit shall be used for any purpose other than as a dwelling for one (1) family or for no more than two (2) unrelated persona, provided that nothing contained herein shall prohibit any Unit Owner from having temporary guests, and provided further that said Trustees shall have the right to regulate the maximum number of occupants of any Unit, and (b) no business activities of any nature shall be conducted in any such Unit, except (i) as provided in Paragraph D of Section 11 hereof, and (ii) that a person residing in any such Unit may maintain therein an office for his or her personal professional use, but no employees or persons other than a resident of such Unit shall engage therein in any such activities and no such office shall be advertised, held out, or used as a place for service to customers, clients or patients. The Residence Units shall be subject to the further restrictions that, unless otherwise approved in writing by the ! Trustees, no such Unit shall be rented, let, leased or licensed ! -26- s bold 58*70 ma 2,10 for use or occupancy by g4fri than the Owners thereofIq WTI for periods of one (1) mokttNor more, nor for more than% tree (3) periods in any yeah �rnPa� rnsiances, Unios my �1 A L so rented, let, leased or licensed to persons who have first O T N O T been approved in writing )ky Aaid Trustees, provided, hoMeypr, that such right of) of pAvah QhAlAno16 be exercQeW sW A Co I A L C O P Y C O P Y restrict use or occupancy of Units because of race, religious creed, color, national origin, sex, age, ancestry or marital status, nor otherwise unlawfully or unreasonably withheld, nor delayed by more than ten (10) days. Notwithstanding such rental, letting, leasing or licensing, Unit owners shall maintain electric service in their Units in their own names. Those persons to whom such Units are rented, let, leased or licensed must comply with the rules and regulations of the Condominium Trust. The Units shall not be used for any so-called time-sharing programs or purposes, whereby the Unit Owner sells, leases, licenses or otherwise grants an interest or a right of occupancy in or to any Unit or Units for one or more (monthly or shorter) fixed or floating intervals within any two or more successive years, including, without limitation, so-called time span ownership, interval ownership, vacation or other time-sharing license or lease programs or purposes. The provisions of this paragraph shall not, however, be construed to derogate from the right of a Unit Owner to enter into a true lease for a continuous period of one (1) month or more, subject to and in accordance with the provisions -Z7- BOOF56; 0 Aki 250 of this Section 12 and all applicable provisions of this Master p N T Deed, the Trust and all rg�R and regulations promulga�PN pursuant thereto.0 FheFprTavfhiInsNoI this paraQrafh lfihillCnol A L C O P Y C O P Y be applicable to the rights of Declarant set forth in Paragraph D of Section 11 hereof.N O T N O T A N A N O F F I C I A L O F F I C I A L The Units shall al(;o %ePsuYject to the restrict�onG) A uYse and modification contained in Section 7 hereof. The architectural integrity of the Buildings and the Units shall be preserved without modification, and to that end, without limiting the generality of the foregoing, 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 such Unit, or any part thereof, no addition to or change or replacement of any exterior light fixture, door knocker or other exterior hardware shall be made, and no painting, attaching decalcomania, other decoration shall be done on any exterior part or surface of any Unit, nor on the interior surface of any window. All windows, however, must have curtains, draperies, shades, or the like and no such curtains, draperies, shades, or the like shall be installed on maintained unless they are white, or lined with white material, or, with the prior approval of the Trustees , lined with beige, natural or light grey or such other material as shall be approved by -28- BG 5s 7o PAu 251 said Trustees. This pa gg&pp shall not be applicablA �he Declarant. A N A N O F F-I C I A L O F F I C I A L C 0 P Y C 0 P Y All Units shall be heated at all times so as to maintain N 0 T N 0 T minimum temperatures in sAciN Units of 450 so as to avo ki Me freezing of pipes AuCbiOg Ca - l4tirds, and thS)lfkeF.0 O fp nJ A L Unit Owner fails to maintain a 450 temperature as aforesaid, the said Trustees shall have the right of access to each Unit at any time to increase the heating in order to maintain the minimum temperature or in order to repair any damage caused by the failure to maintain the temperature aforesaid; and any heating bills thus incurred, or any repair bills thus incurred, shall be paid by the applicable Unit Owners, and until so paid, shall constitute a lien against such Unit pursuant to Section 6 of said Chapter 183A. No Unit Owner (other than the Declarant) shall install or permit to be installed in any Unit any air conditioning system or device, or any heating system or device, without the written permission of the Trustees and unless the power therefor is separately metered or otherwise equitably apportioned in such manner as to be exclusively chargeable to the Unit Owner installing such system or device. Any such installation which may be so permitted shall, in any event, be required to comply with code and to conform to and be subject to the provisions of this Master Deed and the Condominium Trust pertaining to -29- er►%5670 FACE 252 ,alterations, modificatiprs, Ystallations, and changes Tlits or any part thereof. wodV bk coal stoves, fireplaces 8►r N similar devices shall eeni,te-d only in accordance ti tC Y A L i applicable law and fire regulations, only for occasional use and not for space heatinWuuRe, and only upon the priorerA tten approval of the fkuFtd s; wfio IhAlLas a condi@iA & piny-svkhA L C O P Y C O P Y approval require (1) compliance with rules and regulations promulgated by them as to the installation, use, maintenance, repair and cleaning of any such device and the storage and handling of wood, coal or other fuels therefor, and (2) the right of the Trustees to enter any Unit in which such a device is installed and to correct any non-compliance with such rules and regulations, all at the sole expense and risk -of the Unit Owner of such Unit. Said restrictions: (a) shall be for the benefit of the Owners of all the Units, and the Trustees of the Condominium Trust as the persons in charge of the common areas and facilities; (b) shall be enforceable solely by said Trustees; and (c) 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 Unit Owner shall be liable for any breach of the provisions of this Section 12 except such as occur during his or her Unit Ownership thereof. -30- ; wjo � 58 70 iQ 25W O T ' N O T 13. ADDITIONS TO THIECHDOMINIUM A N O F F-I C I A L O F F I C I A L C 0 P Y C 0 P Y As referred to in section 3 hereof, the Declarant reserves and shall have the right;At�tself and its successorsA nT assigns, without QhW cb'ns;ni-09 Ay rinit Owner Q Ard%ark go Cana L C 0 P Y C 0 P Y in accordance with the provisions of this Section 13, to amend this Master Deed, at any time and from time to time, so as to include in the Condominium, as an Addition thereto, (i) Parcel A-2 therein specified, and (ii) other parcels and lots shown on said Land Court Plans No. 34279G and No. 34279E, or any portion or portions of any thereof, together with Buildings containing Residence Units and other improvements thereon. The Addition comprising Parcel A-2 shall constitute Part 1-2, and other Additions shall constitute such of Part 2, Part 3, Part 4, Part 5, and additionally numbered Parts, as may be appropriate, or a sub -part of any thereof, comprising Residence Units and common areas and facilities of the Condominium, as specified in such amendment. Upon the registration of each such amendment of this Master Deed the Residence Units thereby included in the Condominium shall be owned by the Declarant, or its successors or assigns, and as provided in any applicable Condominium Phasing Lease, the land so included in the Condominium shall automatically and without the necessity of any amendment of said Lease be released and excluded from the effect thereof. -31- E eu�F 870 ma 254 Each Owner of a UnitvAtOV a Condominium, by acceptknof4 of delivery of the &eF oIF sLci OInA - du Unit, shaVi rthaedy Gavla A L consented to each such a � ndment of this Master Deed without the requirement or necefii@yT�if the Declarants, or iNsO T A N A N successors' or aqjigllB , Isepur ncA apt further 8prpeit qr C I A L execution of any furti%r QoPumYnt by such Owner. C O P Y With respect to all such Additions to the Condominium it is provided as follows: A. The aggregate number of Residence Units which may be included in the entire Kings Way Condominium shall not exceed seven hundred thirty-one (731); B. Residence Units shall be of Unit Types A, B, C, D, or E, of other type, design, layout or size, including Town House Types, Garden Apartment Types, Retirement Residence Types and other Types, all of which shall be of an appropriate and compatible architectural style, as conclusively determined by the Declarant and its architects. C. Regardless of the numbering of Lots, Parcels, Buildings, Units or Parts as herein referred to, the Declarant may include the same in Additions in such order,•and in such number of Buildings and Units, as the Declarant may elect in its own discretion. -32- N O T BOG$ 56 * 0 ma 2 LVIO T D. The Dec] arpptFr#e�ef aAndIshall havVhp V+ N A L itself and its success0ra0aFd Yssigns, without the on@er& dff any Unit Owner, pursuant to apd in accordance with thq O T provisions of this Sectich " , to develop and construcA QRe Addition(s), incl2dingCtto bti� &.—Pand units�to bti&lnd A L therein as hereinbefore set forth, and all roads, ways, PP utilities and other improvements and amenities pertaining thereto and to grant easements across, under, over and through the Condominium premises or any portion thereof which Declarant, or its successors or assigns, deem necessary or convenient in connection with the development, construction or use of the Addition(s), and in relation thereto, to resubdivide the land comprised in the condominium and to modify the size and configuration of the Lots shown on Land Court Plan No. 34279G, including Lot 46, provided that (i) all such modifications shall comply with all applicable requirements of the Special Permit and Variance Decision and the Subdivision Control Law, (ii) Parcels A-1 and A-2 shall not be modified, and (iii) no other Parcel shall be further modified after the registration of an amendment of the Master Deed pursuant to which the fee title in possession of such Parcel is included in an Addition to the Condominium. _33_ St . BOU56'70 rAu 25G E. The Declarant, or its successors or assigns, shall not .amend this Master Deed �V o include additional UAA(�Rtil the construction0ofFt& ilane Ovj% b]ben compleedEbuFfi$idbtly A L for the certification of plane provided for in Sect on08 Ff) of said Chapter 183A. N 0 T N 0 T A N A N O F F I C I A L O F F I C I A L F. The foregoing r®seRvW rights to include Afdili&(Y) in the Condominium shall terminate and be of no effect twenty-one (21) years after the date hereof with respect to Addition(s) not theretofore included in the Condominium. G. Nothing herein shall be deemed to obligate the Declarant, or its successors or assigns, either (i) to commence or complete construction of additional buildings containing Residence Units or related improvements on any portion of any of such parcels or lots, or (ii) if any such buildings and improvements are constructed, to include them in the Condominium created hereby, the right being reserved to the Declarant and its successors and assigns to establish and to include such future buildings and improvements in one or more separate condominiums established pursuant to provisions of the Kings Way Trust; provided, however, that Parcel A-2 and any buildings thereon, if built, shall be included in this Condominium. H. The Declarant expressly reserves and shall have the right, to itself and its successors and assigns, to make such use of the common areas and facilities of the Condominium as -34- i acoa 5570 PA&E 257 may reasonably be necesff % of convenient to enable We 0 T Declarant, and its succes%oA and assigns, and its andAttNir O F F•I C I A L O F F I C I A L contractors to completee 93n#ryction of any buildints V pthpr improvements within the entire Kings Way development. N O T N O T A N A N I. Upon coQlFtiCn On P iY AsAn in the �nWoAnO mCo Y A L the maximum number of Residence Units permitted hereunder, or at such earlier time as the Declarant shall acknowledge in writing that it has waived any further right to add Residence Units to the Condominium pursuant to this Section 13, the Declarant and the Trustees shall have the right, without the consent of any Unit Owner, pursuant to and in accordance with the provisions of this Section 13, to execute and record a Restated Master Deed of the Kings Way condominium comprising and consolidating Part 1-1 and all such subsequent Addition(s), as if the same were then and thereby established as a completed condominium upon and pursuant to the provisions applicable thereto as set forth in this Master Deed and in the amendments by which such subsequent Addition(s) are included, and in any other amendments hereto which have been duly made and recorded, which Restated Master Deed shall thereupon supersede this Master Deed and all such amendments and shall be and constitute the Master Deed of the Kings Way condominium as so completed. Each Unit in Part 1-1 of the Condominium shall be entitled -35- :J•.W 5V r y Ih�� i.�V to an undivided interest in the common areas and facilities in the percentage specifiewA t;for in Exhibit C annexiMAR40to and made a part bbrlgofi� dorCod 1fngLas the on2Q tRiFs in C%hel A L Condominium are those compr3sel in said Part 1-1. C O P Y N O T N O T N A 4From and aft6r Ph%7 igc]dsionjs)LIn this 0;6dri:,iur I A L Addition(s) containing RgsilaerYce Units, pursuant toCazQ R Y accordance with the provisions of Section 13 hereof, the percentages to which Units in Part 1-1 are entitled shall be reduced accordingly, and the percentage to which Units in Part 1-1, and in each Addition to the Condominium subsequently included therein, 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. To that end, the percentages of undivided interest in the common areas and facilities to which a Residence Unit of each of Types A, B, C, D and E, and other Residence Unit Types, in Part 1-1, and other Parts of the Condominium shall be entitled shall be a number (expressed as a percentage) equal to the Base for such Residence Unit Type, as specified herein or in an amendment of the Master Deed, divided by the number S, determined as herein specified. The Bases for the several present Residence Unit Types shall be: for Type A, .180; for Type B, .192; for Type C, .196; for Type D, .228; and for Type E, .204. The Bases for other Residence Unit Types included in Addition(s) to the Condominium shall likewise be -36- ertox 5670 PAGE 253 determined in accordancA w6tj� the provisions of said fhtpt±r 183A and in fair and equitable proportion to each othe& did to O F F i C I A O F F I C I A L the Bases for present LRe:6dfpo? Uni Types, and shaL4 �e Betz forth in the amendment of this Master Deed by which such N O T N O T Addition(s) are included A n4he Condominium. The numbArlq s sha 11 be the sum Qf FthW pr ogcis 4f rthe then n@nb�r Fof Iea(cch I A L C O P Y C O P Y Type of Unit included in the Condominium times the Base for such Unit Type. It is provided, however, that (a) the percentage figures so determined shall be rounded to the nearest one -thousandth (taking 5/10,000 as a major fraction), and further rounded to the least extent, if any, necessary, as determined by the Declarant in its reasonable discretion, to obtain a 100.000 percent total, and (b) the percentage figures so determined and so rounded shall be set forth in the amendment of this Master Deed by which the Addition resulting : in such change of percentages is included to the Condominium. 15. AMENDMENT This Master Deed may be amended by an instrument in writing: (a) signed by the Owners of Units entitled to seventy-five percent (75%) or more of the undivided interests in the common areas and facilities; and (b) signed and acknowledged by a majority of the Trustees of the Condominium Trust; and (c) duly recorded with said Barnstable Registry of s Deeds; Provided, However, that: -37- 56 - 0 ma 260 A. The date o ww ch any such instrument isAFifft signed by a Unit ®wRerFshTalC! b; AdIcated ther6bnFalp tde r&atla A L C O P Y C O P Y thereof and no such instrument shall be of any force or effect unless the same has beef ag recorded within six (6) nMnQsT A N A N after such date .O F F I C I A L O F F I C I A L C O P Y C O P Y B. No instrument of amendment which alters the dimensions of any Unit or adversely affects a Unit Owner's exclusive right to use a common area and facility as provided herein shall be of any force or effect unless the same has been signed by the Owner(s) of the Unit so altered or whose exclusive right is so affected. C. Except as provided in, and in accordance with, provisions of Section 14 of this Master Deed, 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 all of the Units and said instrument is therein designated as an Amended Master Deed. D. No instrument or amendment affecting any Unit in a manner which impairs the security of a first mortgage of record thereon shall be of any force or effect unless the same has been assented to by such holder, but an amendment of the -38- ea�r5Fi7p ME 261 .Master Deed pursuant to fierdiTi 13 hereof reducing thTq O T undivided Unit percentage& sWall not be treated as an A N O F F•I C I A L O F F I C I A L instrument impairing tte Vcpr4y of any mortgage. C O P Y E. Nothing in Vin Section 15 contained, Ek dAn$T amendment adopted (�uFs&ntl hgrelo A sfiel l be deeQee off' cinhtr%TedA L C O P Y C O P Y to vitiate or impair (a) the rights reserved to the Declarant in and by provisions of Section 13 of this Master Deed to amend this Master Deed without the consent of any Unit Owner, so as to include Addition(s) in this Condominium in the manner provided in said Section 13; (b) the rights reserved to the Declarant in and by the provisions of paragraph 1 of Section 19 hereof to amend this Master Deed without the consent of any Unit Owner so as to cause this Master Deed to comply in all material respects with the regulations of the Federal National Mortgage Association, its successors, or a similar institution; or (c) the rights conferred upon the Declarant in and by Section 18 and other provisions of this Master Deed. F. No instrument or 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, the Special Permit and variance Decision, or other applicable laws or governmental regulations, permits or approvals, or the Declaration of Trust of the Kings Way Trust, dated May 12, 1987, -39- On% 56 70 WE 262 .registered with said Registry District as Document No. 433670, or the Golf Course Leas6N ymmunity Facilities LeasYAQ red to in Section 9 t0r9ofF Aafl 5e Af Iany force Or £f9ZctL 1iCVV I A L Without limiting the forego?ng generality, it is expre o ly Y provided that no amendmAtCbfTthis Master Deed affectliIn;PaWy obligations with &%pept PoC!ejagg Tisposal oreatte�ra 'erC I A L treatment shall be of 9n3Pf4PrcV or effect without ti% Fti8r Y written consent of the Division of Water Pollution Control of the Massachusetts Department of Environmental Quality Engineering. Notwithstanding the foregoing provisions of this Section 15 or any other provision to the contrary contained in this Master Deed, the Declarant reserves and shall have the right, at any time and from time to time until such time as neither the Declarant nor any affiliate of the Declarant any longer owns any Unit (including all Units currently contemplated to be added to the Condominium pursuant to Section 13 above, whether or not construction of such additional Units has yet commenced),to amend, alter, add to or change this Master Deed without the consent of any Trustee, Unit Owner or Unit mortgage holder, by instrument in writing signed and acknowledged by the Declarant and duly recorded with said Barnstable Registry of Deeds for (and only for) the specific purpose of making minor, clerical, or factual corrections to the provisions of this Master Deed, including, without limitation, the plans and provisions relating to the appurtenances to, or descriptions or undivided interests in the common areas and facilities of, any one or more Units. -4 0- f 16 . =_,.X.NGS WAY CONDOMINIUM TRUST `5�?0 N 63 T A N A N O F F I C I A L O F F I C I A L A Trust through wh hCth� t,�it Owners will managL, "dP Y regulate the Condominiums established hereby is Kings Way Condominium Trust under DA�� ation of Trust of even eAegnd record herewith. ()o8Ad F0eJla(;atkioR A Trust estQbFisFesl a C I A L C O P Y C O P Y membership organization of which all Unit Owners shall be members and in which such Owners shall have beneficial interests in proportion to the percentages of undivided interest in the common areas and facilities to which they are entitled hereunder pursuant to provisions of Section 14. The original and present Trustees thereof are: Anthony D. Green, i Joseph R. Valle, and Donald K. Kurson. j Said Trustees have enacted Hy -Laws, which are set forth in said Declaration of Trust, pursuant to and in accordance with provisions of said Chapter 183A of the General Laws of Massachusetts. Each Unit Owner in the Condominium shall, by virtue of acceptance of title to a Unit in the condominium, be deemed to have granted to and conferred upon the Trustees of said Trust a power of attorney to act for and in the name and stead of such Unit Owner insofar as necessary and appropriate to the exercise by said Trustees of the powers conferred upon them in and by said Declaration of Trust. It is expressly provided that, with respect to charges assessed to the Trustees of the Kings Way -41- 5670 ma 264 Condominium Trust by thN TBs�ees of the Kings Way TrM tOfof operation, maintenance, ApfHr and replacement of the s%wAe O F F I s I A L O y F I C I A L disposal and wastewatet tiemint facilities in K ng�s "yP t" Trustees of said Kings Way Trust shall have the right, power and authority, in the nawg Rd stead of the Trustees o§,the Kings Way CondomQiJ6 fru;t C tg als;rt for colPacViA cif -1c; A L C O P Y C O P Y charges, the statutory lien afforded by provisions of M.G.L. c 183A, §6. 17. RIGHT OF FIRST REFUSAL If the Unit Owners shall at any meeting of Unit Owners duly called and held vote (by a majority in interest) to establish a right of first refusal, the Trustees shall, within thirty (30) days of said vote, register with said Registry District of the Land Court a certificate setting forth the resolution so voted and attesting to its adoption. From the date of said registration and thereafter, until such vote is rescinded and a certificate setting forth said vote of rescission and attesting to its adoption is so registered by the Trustees (which certificate the Trustees shall so register within thirty (3) days of said vote), (but if rescinded, the right of first refusal may be readopted by similar vote), the Trustees of the Condominium Trust shall have a right of first refusal with respect to all sales of Condominium Units, and to that end, no Owner of any Unit shall sell or convey the same to any person other than a spouse, child or grandchild of such Owner unless: -42- 9 M Brsrri< Jb 70 WE 265 (a) said Owner has recpiv6d f bona fide offer to pur1qhtyeZ+the same; (b) said Owner has ,%i4n said Trustees written nbti& O F F I C I A L O F F I C I A L stating the name and a6dr(qs1 ofk the offeror and thttefmp apd conditions of said offer, and the encumbrances subject to which N O T N O T the Unit is to be conveyeA, i:nd containing an offer byAMW : Owner to sell saQ tFnif J gig Akees on the sWmeFtdTrm9 AdA L C O P Y C O P Y conditions as said bona fide offer; and (c) said Trustees shall not, within thirty (30) days after the giving of such notice, have given said Owner written notice of the election of said Trustees or their nominee to purchase said Unit in accordance with said offer. In the event that said Trustees or their nominee shall so elect to purchase, the deed shall be delivered and the consideration paid at said Registry District at 11:00 a.m. on the thirtieth (30th) day after the date of the giving of such notice of election to purchase. In the event that said Trustees shall not so elect to purchase, said Trustees shall execute and deliver to said owner a certificate (which may conclusively be relied upon) certifying: (i) that said Trustees have received notice of such bona fide offer and has declined to purchase said Unit, i f and (ii) that said Owner has effectively complied with this Section 17. Said Owner shall be free thereafter to sell and convey said Unit to the offeror named in said Owner's notice, at a price not lower than that specified therein, but said , Owner shall not sell or convey said Unit to any other person or at any lower price without again offering the same to said -43- t : 1 I 61-a 56 70 Ru 260 Trustees. The provisions of this Section shall not be N O T N O T construed to apply to: (A) *ona fide mortgages of anyAInfp or to sales or otherDpFoc9ed1nCs lorAtde foreclosQeFtAreTofCorl A L C O P Y C O P Y (ii) sales by the Declarant. For the purposes of this Section 17, a lease or tenancy A 9cN panty agreement for a t1WrrPo ? more than eight (0) Eyegrsj skmij to 1pemed to b0 aE's#e I aetd I A L said Trustees shall ha9e CA FigNit of first refusal wAhCreWpAt to any such lease, tenancy or occupancy, exercisable in the manner aforesaid insofar as applicable. The rights of first refusal hereunder shall not be exercised so as to restrict Unit Ownership, use or occupancy of Units because of race, creed, color, sex, religion or national origin. No Unit Owner shall be liable for any breach of the provisions of this Section16 except such as occur during his or her Unit Ownership thereof. Notwithstanding the foregoing provisions of this Section 17, for such periods of time as the Declarant or any affiliate of the Declarant shall own any Units, including, without limitation, Model Units, in the Condominium, the right of first refusal shall not be adopted without the prior written approval of the Declarant. i e\ Notwithstanding anything to the contrary hereinbefore contained, The Green Company, Inc., the Declarant hereof, hereby reserves to itself and its successors and assigns the -44- B= 567o PAGE 267 right to grant or reserW 6n pe future, without the fflnt?n� of any Unit Owner, such oth6h Asements or restrictions old, Nver, O F F I C I A L O F� F C I A L across, through, and/ot "dV ?e land comprised n LthI 15 P Condominium premises which the Declarant deems necessary, N 0 T appropriate or advisable An Ifonnection with the develolme.At of said Land, provided FbnFy IhAl aTuch 4ants or rQeFvaF iansCdoi A L not interfere unreasonably y with the use of the Units for P Y intended purposes. 19. MISCELLANEOUS A. The Kings Way condominium is part of a development governed by provision of the Special Permit and Variance Decision of the Yarmouth Board of Appeals, and referred to in the Declaration of Trust of the Kings Way Trust, both of which are more particularly specified in Exhibit A annexed hereto, and by provisions of other pertinent instruments referred to in said Exhibit A. This Master Deed and the Declaration of Trust of the Kings Way Condominium Trust are intended to comply with, and to provide for the continuing compliance by Unit Owners and the Condominium Trust with all of such provisions which are applicable to Kings Way. To that end and in particular, it is hereby specified and provided that: (1) the Kings Way condominium constitutes a "condominium development in Kings Way" and the Kings Way Condominium Trust constitutes a "condominium association", as said terms are used -45- 04'ut.��V li.ut 268 .._ .�... in ssaid Declaration of Trust of the Kings Way Trust,"�NN(2) the provisions of this Master,Dwa comply in substance Ax%e applicable provisioFs Sed f9rtE & Raid Declar@t3fnF (1) (£heI A L Kings Way Condominium Tru t and the Unit Owners of the Kings Way condominium shall bWlcQg %o and participate in tIM O T organization estbbl�.sVd PyeaiidACifgs Way TrMt,, a2d lead aPdA L pay their proportionate 6haPesYof the costs and exp9hs@s $fY said Trust, and be subject to and comply with the powers of the Trustees of said Trust with respect to facilities in said Kings Way development which affect or serve more than one of the condominium developments or associations therein, and (4) the Kings Way Condominium Trust and the Unit Owners of the Kings Way condominium shall at all times comply with applicable provisions of said Special Permit and Variance Decision. B. The Units and the common areas and facilities, and the Unit Owners and the Trustees of the Condominium Trust, shall have the benefit of and be subject to the provisions of said Chapter 183A of the Massachusetts General Laws, and in all respects not specified in this Master Deed or in said Declaration of Trust of the Condominium Trust and the By -Laws set forth therein, shall be governed by provisions of said Chapter 183A in their relation to each other, and to the Condominium established hereby, including, without limitation, provisions thereof with respect to common expenses, funds and profits, with respect to improvement and rebuilding of common -46- BOON 56'70 na 269 areas and facilities, ar� �it�{ respect to removal of hhb T f Condominium premises or ahyl$ortion thereof from the pAov$]sions O F F I C I A L O F F I C I A L of said Chapter 183A. Clnocape?ny o the provisiontob t�isy Master Deed conflict with the provisions of said Chapter 183A, the provisions of said hAptnr 183A shall control. NAONT O F F I C I A L O F F I C I A L C O P Y C O P Y C. For so long as the Declarant has unsold Units, the Declarant shall have the same rights and obligations as owner of such unsold Units as any other Unit Owner. D. 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. E. 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. F. Reference in this Master Deed to the Declarant shall mean The Green Company, Inc., a Massachusetts corporation, and its successors and assigns. The Declarant specifically reserves the right to passing all of its right, title and interest hereunder, provided that any such successor to the Declarant assumes and agrees to be bound by all of the obligations of the Declarant set forth in this Master Deed. -47- 800, 5670 rnE 270 G. No provislQnO stained in this Master -N 1 $Mall be deemed to hav® bEerFadrogatbdPorIpaived by OeOof of OyI A L failure to enforce the same, irrespective of the number A Y violations or breaches WhQhSay occur. N O T A N A N O F F I C I A L O F F I C I A L H. The inviQif[t� o)t any provision of thGo 9iaAeY Deed shall not be deemed to impair or affect the validity of the remainder of this Master Deed; and, in such event, all of the provisions of this master Deed; shall continue in full force and effect, as if such invalid provision had never been included herein. I. It is the intent of this Master Deed that the provisions hereof shall afford substantial compliance with the regulations of the Federal Home Loan Mortgage Corporation (FHLMC) with respect to the purchase of residential condominium unit mortgage loans, and, except as otherwise required by applicable law, all questions with respect to such compliance shall be resolved consistent with such intention. Further, the Declarant may at some future time judge it desirable to amend this Master Deed so as to cause the provisions hereof to comply in all material respects with said FHLMC regulations and/or with the regulations of the Federal National Mortgage Association (FNMA), its successor, or any similar secondary market mortgagee, insurer or underwriter, and to that end, the -48- {. N O T ei=5670 int 2714 O T A N A N O F F I C I A L O F F I C I A L Declarant reserves and sjgj0 ttpvqZthe right, without "e0 p y c•,nsent of any Unit Owner and OnT O withstanding the procedures T set c .,rrh in Sert.in 14 herPpfN to amend this Master Deed fFqrM.. time to time SO :aS o a e0tti? 40A.&ns hereoisg tC 1 M l yI Y A L with such re,t.1Lar.i'ns. IN WITNESS WHEREOF, The Green Company, Inc., has caused this Master Deed r.o be executed by its duly authorized officer and its oorporate seal. to be hereunto affixed, as of the day and year rust abcve written. THE GREEN COMPANY, INC. By: , Alan J. een, President and Treasurer COMMONWEALTH OF MASSACHUSETTS ss: COUNTY OF MIDDLESEX } July 34 1987 Then before me personally appeared the above -named ALAN J. GREEN, to me personally known, who, being by me duly sworn, did say that he is President and Treasurer of THE GREEN COMPANY, INC., and as President and Treasurer did acknowledge the foregoing instrument to be the free act and deed of said corporation. } Notary Public Edward C. Mendler. Jr. NOTAKY PUBLIC My commission expires: MY COmm's"On Expires Oct. 29,1987 -49- , �I EXHIBIT A . KINGS N Y CONDOMINIUM 80QxSN� O T272 The land presently Tdeilbid Im arfoliowKings OWly Sp+r n?mA L consists of Par�1FA , C O P Yi C O P Y SOUTHWESTERLY by Kings C rcuit, 230 feet, more or leas; NORTHWESTERLY by Not04C by three courses, 118 A70feWt, 184.pp Poet and 180.00 feet; A N NORTHERLY and O F F I C I A L O F F I C I A L NORTHEASTERLY b)F-PPcc:gl'*, by three courses, 9500fefetY 165 feet and 135 feet, all more or less; SOUTHEASTERLY by Lot 50, by three courses, 120.38 feet, 80.61 feet and 115 feet, More or leas; SOUTHWESTERLY by Parcel A-2, 180 feet, more or leas; and SOUTHEASTERLY by said Parcel A-2, by two courses, 136 feet and 120 feet, both more or less. Parcel A-1 is a portion of Lot 46 shown on the Site Plan recorded herewith. The land included in the condominium comprises (a) all of the Lots and Kings Circuit shown on said Site Plan, excepting and excluding Lots 10, 14, 41 and 51 shown thereon, and (b) Lot 7 shown on a plan recorded with Barnstable Registry of Deeds in Plan Book 224, Page 129, to which plans reference is made for more particular descriptions of said Lots. The portions of said land which are presently registered under Certificate of Title No. 105310 are to be withdrawn from the provisions of M.G.L. c185 pursuant: to provisions of Section 16 of M.G.L. c183A. Lot 46 shown on Land Court Flan No. 34279G is bounded and described as follows: WESTERLY by Kings Circuit, 419.83 feet; NORTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTH- EASTERLY AND EASTERLY by Lot 49, by several courses, 118.87 feet, 184.50 feet, 180.00 feet, 109.41 feet, 154.63 feet, 134.33 feet, 148.34 feet, 298.33 feet and 169.93 feet; SOUTHERLY again by Kings Circuit, 317.81 feet; WESTERLY, SOUTH- WESTERLY, SOUTHERLY AND EASTERLY by Lot 48, by several courses, 289.50 feet, 278.59 feet, 130.58 feet, 246.39 feet, 120.30 feet, 300.34 feet, 448.11 feet and 159.04 feet; SOUTHERLY again by Kings Circuit, 593.37 feet; A-1 @aOxS6M 00'273 . N O T NORTHWESTERLY, SOU H- AN A N EASTERLY, EASTERLY1� F- I C I A L O F F I C I A L NORTHEASTERLY Qy()LOP #ff, by several coursesC D4 P90Y feet, 219.22 feet, 275.69 feet, 293.49 M7.89 feet, 394.06 feetN 26017 f a 50.50 feet; • A N A N SOUTHEASTERLY, O F F I C I A L O F F I C I A L EASTERLY AND NORTHEASTERLY 9yCkiRgsYCircuit, 921.69 feetC O P Y SOUTHEASTERLY AND SOUTHERLY by Lot 45, 813.36 feet and 297.36 feet; NORTHWESTERLY by land shown on said plan as now or formerly of the Town of Yarmouth, 2,148.70 feet; NORTHWESTERLY still but more northerly by land shown on said plan as now or formerly of the Town of Yarmouth, 907.66 feet; NORTHEASTERLY by land shown on said plan as now or formerly of Robert Bears, 1,187.07 feet; WESTERLY by said Bears land, 258.18 feet; and NORTHERLY, NORTH- WESTERLY, NORTHEASTERLY, EASTERLY, SOUTHEASTERLY AND SOUTHERLY by Lot 50, by several courses, 74.74 feet, 250.90 feet, 212.72 feet, 372.44 feet, 213.51 feet, 380.20 feet, 105.23 feet, 82.84 feet, 102.92 feet, 70.29 feet, 57.10 feet, 110.00 feet, 51.14 feet, 153.00 feet, 120.38 feet, 80.61 feet, 182.18 feet, 190.49 feet, 60.05 feet, 88.32 feet, 68.77 feet and 59.31 feet. Lot 54 shown on Land Court Plan No. 34279G is bounded and described as follows: SOUTHERLY, WESTERLY and NORTHERLY by the curves of Kings Circuit, 2,116.89 feet; and EASTERLY and NORTHEASTERLY by Lot 53 by several lines together measuring 1,100.90 feet. A-2 euax 5670 na 274 N O T N O T Lot 42 shown on Land Courtpplpp No. 34279C is bounded anA N described as £olloV:F F I C I A L O F F I C I A L NORTHEASTERLY C 0 $y lings Circuit, 139.19 CEeet ,-P Y SOUTHERLY by�+ Lot 43 and Lot 45 by t e N O i`�es measuring, respectsMpT A b85.71 feet, 350.07 feet N.68 O F F I Ceel ; A L O F F I C C I A L SOUTHWESTERLY C 0 'by lot 45 and Lot 10, 22Y.7nn 3 FeeEyy ; WESTERLY by Lot 10, 122.95 feet; and NORTHERLY by Lot 41 by several lines together measuring 747.70 feet. A-3 r e�� sb 70 PA&E 275 • Said land is subject toNarg s the benefit of the fcKlQiritg. t A. The prod s1rorpa # Lftspou tts Gener� Pals, IC"ptprA L 183A, and pr"i o f ex sting builging, o}�inn��g, environmental a �htr laws of general apaliLaNls iyty. B. Rights, easemegsp rgstrictions and agreemggt4D T • hereafter estab s d of record, the right to g�dhTe nt the sam b nr�Q, s v$$d to the Declar n o�:tthat thOs erd n interfere unreas l w�.ttA L use and enjoy@Br(o 4Ef $'he Units and the comr®npar]Raiy and facilities of the Condominium for their intended purposes, including without limitation, golf course cart and maintenance paths, slope, bank and grade separation easements at Hockonom Road and elsewhere, and drainage, water and utility easements. C. The Kings Way Condominium Phasing Lease and Purchase Option between The Green Company, Inc., as Lessor, and Green Phases, Inc., as Lessee, recorded with said Registry of Deeds prior hereto, pursuant to which parcels and lots therein referred to, or portions thereof, may be included in or removed from this Condominium. D. The provisions and effect of the following instruments registered with said Registry District of the Land Court as the Documents numbered as herein specified, noted on said Certificate of Title, or recorded with said Registry of Deeds, and the rights, easements, restrictions, agreements and requirements thereof, all insofar as the same are now in force and applicable, to wit; 1. The Declaration of Trust of the Kings Way Trust, dated May 12,1987, Document No. 433670. 2. Decision of the Yarmouth Board of Appeals dated October 16, 1975, Document No. 202276, as modified and supplemented by Decision of the Board of Appeals dated March 8, 19840 Document No. 337150, by Decision of the Board of Appeals dated April 18, 1986, Document No. 394798, together referred to in this Master Deed as the Special Permit and Variance Decision. 3. Covenant and Agreement with the Yarmouth Planning Board, dated May 5, 1975, Document No. 202800, as affected by partial releases duly registered and to be registered. 4. Rights of others lawfully entitled thereto within the limits of Hockanom Road, including rights as set forth in a Stipulation filed on February 13, 1968, Document No. 134201. A-4 s r'• ' I s aaoK 5870 276 5. 6. 7. 8. 9. 10. Rights and easements granted to the Inhabitants of the To £ armouth by instruments l4a dT February �Al 3, Document Nos. 311235 aiFi I1236. Ri4htV & dkhrarsl. Pholading Unit0O%Meffis In C I A L Admiralty 1oiphtjp Condominium I, in ao ait1h respect to a portion of Kings Circuit (former ry known as Oak Harbour Circle), and the reservation to the DeNliGaR, hereby provided, of the0feN title in a1V Xo all of said Kings CeircuiA- N c, 8� MoPtg10061, Y'a&uth, Inc P ( & r�y �An&nh L as Gree O ar our, Inc. and now su dd& iKy The Green Company, Inc.) to The First National Bank of Boston dated February 10, 1986, Document No. 386521, and related security instruments, Documents Nos. 386522, 386523, as amended by instruments dated June 30, 1987, Document No. 434393, 434394, 434395 and 434396; subordinated to this Master Deed by instrument registered or to be registered, and to be released as to Units upon the sale and conveyance thereof by The Green Company, Inc. Utility easements granted to the Town of Yarmouth, Commonwealth Electric Company, New England Telephone and Telegraph Company, and others, by instruments duly registered or recorded. Grant and Agreement by and between The Green Company, Inc. and Trustees of Kings Way Trust, dated July 31, 1987, recorded prior hereto. Lease of said Lot 7 between The Green Company, Inc., Lessor, and Brian E. McDermott, Trustee, Lessee, as evidenced by Notice of Lease dated July 31, 1987, recorded prior hereto. A4 gXHIBIT B BDDK5670 FAU 277 '� KAAGi? Y CONDOMINIUM N O T . A N ' O F F• I ap41rtAl-a) O F F I C I A L C O P Y C O P Y Building Description Unit Descuiftan N O T Bldg. No. of N3. Units26 U tF o No N of App „cE, A N I U itL C 1 5 1282 C O P Y E 28 2 5 965 C 30 2 5 724 8 32 1 5 1155 A 34 2 6 1141 D 4 6 36 2 6 1141 D 38 2 5 965 C 40 1 5 1155 A 42 2 5 724 B 44 2 5 965 C 46 1 5 1282 E 5 5 23 2 6 1141 D 25 1 5 1155 A 27 2 5 965 C 29 1 5 1155 A 31 1 5 1282 E 6 6 11 1 5 1282 E 13 2 5 965 C 15 2 5 724 B 17 1 5 1155 A 19 2 5 965 C 21 2 6 1141 D 7 5 1 1 5 1282 E 3 2 5 965 C 5 2 5 724 8 7 1 5 1155 A 9 2 6 1141 D Notes: (1) No. of Rooms does not include vestibule, utility, or mechanical rooms, storage rooms, bathrooms, basement, appurtenant deck and courtyard, or garage. (2) Approx. Sq. Ft. Area does not include areas of basement, garage, appurtenant deck and courtyard or other exterior appurtenances. Basement areas are approximately as follows: Type A-1155 sq. ft.; Type B-724 sq. ft.; Type C-965 sq. ft.; Type D-1141 sq. ft.; Type E-1282 sq. ft. (3) Each Unit has access to common areas immediately outside the front and rear doors of the Unit, and thence to driveways and Kings Circuit. B-1 Unit No. 1 5 7 9 11 13 15 17 19 21 23 26 25 28 27 30 29 32 31 34 36 38 40 42 44 46 EXHIBIT C KIl�t3.,,' Rif Y CONDOMINIUM O F F I (Pa$t A-D &e oc tage Interests N O dEcentaae A .792 O F F I ; 6 L C 0 n.Y46 4.238 3.792 3.642 3.569 3.346 3.642 4.238 4.238 3.792 3.346 3.643 3.643 3.569 3.346 3.346 3.792 4.238 4.238 3.643 3.346 3.569 3.643 3.792 100.000 C-1 NGX 3 0 �o PA" 278 A N O F F I C I A L C 0 P Y N IWEP Tvne A NE O F F I C� A L C 0 P *Y D E C B A C D D E A C C B A A D D A B C E e�ac 5b 70 rAU 273 . V ' '• N u N O T j' KINGAS JWAY CONDOMINIUM A N ' O F F-I 1'-1 O F F I C I A L C O qa C O P Y Bldg. No. Unit, No Elevations Above NAONT Mean Sea Level N O First Floor 3 O 116F I C I A L 96.2 O F F I C-1-A L 28 C O P Y 96.2 C O P 1,24.8 30 94.2 102.8 32 94.2 --- • 34 94.2 102.8 36 94.3 102.9 38 94.3 102.9 40 94.3 --- 42 94.3 102.9 44 92.0 100.6 46 92.0 --- 5 23 89.9 98.5 25 89.9 --- 27 89.9 98.5 29 89.9 --- 31 89.9 --- 6 11 93.8 --- 13 93.8 102.4 15 91.8 100.4 17 91.8 --- 19 91.8 100.4 21 91.8 100.4 7 1 95.9 --- 3 95.9 104.5 5 93.9 102.5 7 93.9 --- 9 93.9 102.5 D-1 �FG'ORG�Dauc 5 87 !9-19 'boc►�6�0pa 222 sszes N O T A N A N O FMPTVR @EFP RF ]KINGS WAY O A CONDOMI@L% r# MASSA F F I C I A L *RMOUTH. .KtrU O P Y 1. Name 1 2. Condominium Premis(N O T N O T 3. 4. Present and Future P r or Phases Description f up�,t1a A N 5. t I A L O Description �f nfts 3 F F 4 I C I A L 6. Boundaries of Uni£h O P Y C6 O P Y 7. Rights and Obligations Appurtenant to Units 7 a. Description of Common Areas and Facilities 11 9. Community Facilities; Golf Course 17 10. Plans 21 11. Use 22 12. Restrictions on Use 26 13. Additions to the Condominium 31 14. Percentage Interests of Units in Common Areas and Facilities 35 15. Amendment 37 16. The Kings Way Condominium Trust 41 17. Right of First Refusal 42 18. Reservations of Rights and Easements 44 19. Miscellaneous 45 Unit No. 1 5 9 11 13 15 17 19 21 23 26 25 28 27 30 29 32 31 34 36 38 40 42 44 46 EXHIBIT C KING„ Riy CONDOMINIUM O F F I Daft A-1) 9e ocentage Interests N Op. d'centaae A792 OFFI116 L C O P3.Y46 4.238 3.792 3.642 3.569 3.346 3.642 4.238 4.238 3.792 3.346 3.643 3.643 3.569 3.346 3.346 3.792 4.238 4.238 3.643 3.346 3.569 3.643 3.792 100.000 C-1 boax N sb o�O PALL 278 A N O F F I C I A L C 0 P Y N ghiff' TxRa A NE O F F I C� A L C 0 P iY D C B A C D E C C B A A D D C B C E