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HomeMy WebLinkAbout5028 185 South Sea Ave Condo Master Deed & Declaration of TrustCROWELL HERITAGE CONDOMINIUM MASTER DEED & DECLARATION OF TRUST WITH BY-LAWS AND RULES & REGULATIONS Information 1. Description of Premises 2. Description of Buildings 2. 4. 5. 6. Description of Units Septic Systems as Common Area Use of Units Septic System Maintenance MD Pg I, Sec i Pg.1 (Sec. 2) Pg.2 (Sec. 3) Dec Trust Pg.3 (Sec. 4d) 2 SYSTEMS ON SITE Pg.3 (Sec. 6) Art V, Sec 1(n) Pg 6 t-CRAFT CROWELL HERITAGE CONDOMINIUM MASTER DEED ANDREW LAIRD and CYNTHIA LAIRD, of 181 South Sea Avenue, West Yarmouth, Massachusetts 02673 (hereinafter referred to as the "Declarant" and/or "Seller"), being the sole owners of the land at 185 South Sea Avenue, West Yarmouth, Massachusetts 02673, described in Paragraph 1 below, do hereby, by duly executing and recording this Master Deed, submit said land, together with the buildings and improvements erected thereon, and all easements, rights and appurtenances belonging thereto (hereinafter referred to as the "Condominium"), to the provisions of Chapter 183A of the General Laws of the Commonwealth of Massachusetts, and do hereby state that they propose to create, and do hereby create, with respect thereto, a Condominium to be governed by and subject to the provisions of said Chapter 183A. 1. Description of Land. INSERT DESCRIPTION HERE For title see deed in Book 35024, Page 301. PROPERTY ADDRESS: 185 South Sea Avenue, West Yarmouth, Massachusetts 02673 The above described premises are declared subject to and with the benefit of all rights, rights of way, easements, takings, Board of Appeals decisions, appurtenances, reservations and restrictions of record, insofar as the same are in force and applicable. 2. Description of Buildings There are two buildings (hereinafter referred to as "the Buildings") located on the land above described. There is one (1) residential unit contained in one building (Building A) and one (1) residential unit contained in the other building (Building B) (collectively "Residential Units"). The Buildings are constructed primarily of wood, and are of 2 stories. The foundation of Building A is concrete and the foundation of Building B is brick. The Buildings are located at 185 South Sea Avenue, West Yarmouth, Massachusetts 02673. Each Building or Unit, as defined herein, may be altered, extended or replaced, but only with the prior written consent of 100% of the Trustees created on this date, and only when such alteration, extension, and/or replacement has been approved by the Town of Yarmouth, and the Unit Owner secures all necessary permits and approvals. Any costs to facilitate an amendment to this Master Deed or the Condominium Trust created on even date herewith which is necessitated by said alteration, extension, and/or replacement shall be borne solely by the Unit Owner seeking to alter, extend and/or replace their Unit. 3. Description of Units. The designation of each Condominium Unit (the "Units"), a statement of its location, approximate area, number of rooms, the immediate common area to which it has access, and its proportionate interest in the common areas and facilities, are set forth on Schedule A annexed hereto and made a part hereof. The boundaries of each of the Units are as follows: The boundaries of the Units contained in the Buildings are the entire structure of the building, from and including the lower surface of the foundation up to and including the top of the roof surface; and including the entire interior and exterior of the building (inclusive of decks, patios, porches, walks, stoops, garages, chimneys, steps and bulkhead), and any shed or accessory outbuilding which is accessory to each Unit. The Unit shall also include all components of the subsurface sewage system which exclusively serves that particular Unit. The common wall between the existing sheds shall be common area, and the will be maintained, repaired and/or replaced by the owner of each Unit. The owner of each respective Unit shall have the exclusive right to use, occupy, maintain, and improve the area designated for each Unit as "Exclusive Use Area" on the Site Plan recorded herewith, including any and all exterior steps, bulkheads, porches, patios, docks, stoops, decks, balconies, outside showers, the respective yards, lawns, gardens, roads, walks or walkways, and the improvements of each Unit, thereon and thereof, and all other exterior structures, and the Condominium Land located within the "Exclusive Use Area" of each Unit. The "Exclusive Use Area" for each Unit shall be denoted on the Site Plan. Each Unit Owner shall have an easement for any utility line or meter which may be located in an Exclusive Use Area, for purposes of inspection, repair, or replacement of same. 4. Description of Common Areas and Facilities. The common areas and facilities of the Condominium (the "Common Elements") consist of the entire Condominium, excluding all parts of the Units, and include, without limitation, the following: (a) The land above described, together with the benefit of and subject to all rights, easements, restrictions and agreements of record, insofar as the same may be in force and applicable. (b) Installations of central services in the common areas, such as power, light, gas, hot and cold water lines, heating, air conditioning, and waste disposal, including all equipment attendant thereto (but not including equipment contained within or servicing a single Unit and which is separately metered, which shall be considered part of that Unit it services). Any central service which serves one Unit shall be the sole responsibility of the owner of that Unit. Any central service which enters the property and is then separately metered will be a common element until it meets the separate meter, at which point said central service, from the entry to the meter to the Unit, shall be the sole responsibility of the owner of Unit which it serves. F) (c) All conduits, chutes, ducts, plumbing, wiring, flues and other facilities for the furnishing of; utility services or waste removal which are contained in portions of the Building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Units other than the Unit within which such facilities are contained. (d) The maintenance, upkeep, repair and replacement of the Title 5 Septic Sewage Disposal Systems serving each Building shall be the responsibility of the respective owners of Units A and B. (e) Each of the Units (Owners) shall have a license for the exclusive use of at least two (2) parking spaces, as described in the Unit Deeds and Schedule A annexed hereto, the location of which shall be as shown on the hereinafter referenced condominium Site Plan. (f) All retaining walls, bulkheads, the parking lot, its asphalt and pavers, grassy areas, driveways, transformers, blowers, brick walks, drainage systems and all other areas denoted on the Site Plan which are not part of the Units. (g) Such additional common areas and facilities as may be defined in Chapter 183A. 5. Floor Plans and Site Plan Prior to the recording hereof, there has been recorded with the Barnstable County Registry of Deeds a set of floor plans of the Building, entitled, "Crowell Heritage Condominium Floor Plan" for #185 South Sea Avenue, West Yarmouth, Massachusetts (Barnstable County), Date: , 2023, Scale 1"= 10', by Down Cape Engineering, Inc., consisting of one (1) sheet and showing the layout, location, Unit numbers and dimensions of the Units, and stating the name of the Building, and bearing the verified statement of Daniel A. Ojala, PLS, certifying that the plans fully and accurately depict the layout, location, Unit numbers and dimensions of the Units as built, and a Site Plan recorded in said Registry entitled "Crowell Heritage Condominium Site Plan" for #185 South Sea Avenue, West Yarmouth, Massachusetts (Barnstable County), Date: , 2023, Scale 1 "= 20', by Down Cape Engineering, Inc., consisting of one (1) sheet. The Floor Plan is recorded in Plan Book Page and the Site Plan is recorded in Plan Book , Page 6. Use of Building and Units. The Units are intended only for and may be used only for year-round residential purposes. For fizrther description of Units and restrictions thereon see paragraph 3 above and Schedule A attached hereto. The Units are currently used for residential purposes. No other use may be made of any Unit without the prior written consent of the Trustees of the Crowell Heritage Condominium Trust, which trust is hereinafter described. The Units and the Common Elements may be used only for such residential purposes, and accessory uses as are commonly undertaken in connection with such purposes and are subject to rules and regulations adopted from time to time by the Trustees of the Crowell Heritage Condominium Trust recorded herewith 3 The Crowell Heritage Condominium Trust and the condominium Unit Owners are, by acceptance of a unit deed for the condominium, subject to a Decision of the Yarmouth Zoning Board of Appeals dated and recorded in the Barnstable County Registry of Deeds in Book , Page 7. Amendment of Master Deed. This Deed may be amended only by unanimous vote of the beneficial interest of all Unit Owners, in person or by proxy at a meeting duly held in accordance with the provisions of the Condominium Declaration of Trust; or in lieu of a meeting, any amendment may be approved in writing by 100% in beneficial interest of all Unit Owners. 8. Name of Condominium. The Condominium is to be known as "Crowell Heritage Condominium". A trust through which the Unit Owners will manage and regulate the Condominium has been formed pursuant to said Chapter 183A. The name of the trust is lCrowell Heritage Condominium Trust". The name and mailing address of the initial Trustees of the Trust are: Andrew Laird and Cynthia Laird, of 181 South Sea Avenue, West Yarmouth, Massachusetts 02673. The Declaration of Trust contains by-laws enacted pursuant to said Chapter 183A. 9. Determination of Percentages in Common Elements. The percentages of interest of the respective Units in the Common Elements have been determined upon the basis of the approximate relation which the fair value of each Unit on the date hereof bears to the aggregate fair value of all of the Units on this date. 10. Encroachments. If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Elements, or if any such encroachment shall occur hereafter as a result of: (a) settling of the Building, or (b) alteration or repair to the Common Elements, or (c) as a result of repair or restoration of the Building or a Unit after damage by fire or other casualty, or (d) as a result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as such Building stands. 11. Pipes, Wires, Flues, Ducts, Cables, Conduits, Public Utility Lines, and other Common Elements. There will be excluded from the conveyance of each of the Units so much of the Common Elements as is located within each Unit if any. Each Unit Owner shall have an easement in common with the owners of all other Units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements located in any of the other Units if serving his Unit. Each Unit shall be subject to an easement in favor of the owners of all other Units to use the pipes, wires, ducts, flues, cables, conduits, public utility lines and other 4 Common Elements serving such other Units and located in such Unit. The Condominium Trustees shall have a right of access to each Unit to inspect the same, to remove violations therefrom, and to maintain, repair or replace the Common Elements contained therein or elsewhere in the Building. 12. Units Subject to Master Deed, Unit Deed, Declaration of Trust, and Rules and Regulations. All present and future owners, tenants, visitors, servants, and occupants of Units shall be subject to, and shall comply with, the provision of the Master Deed, the Unit Deed, the Condominium Declaration of Trust, and the Rules and Regulations, as they may be amended from time to time, and the items affecting the title to the Condominium as set forth in Paragraph 1 above. The recordation of a deed or the entering into occupancy of any Unit shall constitute an agreement that: (a) the provisions of this Master Deed, the Unit Deed, the Condominium Declaration of Trust, the Rules and Regulations, annexed to the Condominium Declaration of Trust, and the floor plans of the Condominium recorded simultaneously with and as a part of this Master Deed, as the foregoing may be amended from time to time, and the said items affecting title to the Condominium, are accepted and ratified by such owner, tenant, visitor, servant, occupant, or any person having at any time any interest or estate in the Unit, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the Unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof; and (b) a violation of the provisions of this Master Deed, the Unit Deed, Condominium Declaration of Trust, or Rules and Regulations by any such person shall be deemed a substantial violation of the duties of the Condominium Unit Owner. 13. Sale, Rental and Mortgaging of Units. The Seller reserves to itself and its successors and assigns (a) the right to sell, rent or mortgage Units to any purchaser, lessee or mortgagee upon such terms and conditions as it may deem acceptable without procuring the consent of other Unit Owners or of the Condominium Trustees; (b) the right to transact any business within the Condominium to accomplish the foregoing; and (c) the right to use any Units owned by the Seller as models for display for the purpose of selling or leasing Units. In the event that there are unsold Units, the Seller shall have the same rights, as owner of unsold Units, as any other Unit Owner. 14. Invalidity. The invalidity of any provision of this Master 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 other provisions of this Master Deed shall continue in full force and effect as if such invalid provision had never been included herein. 15. 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. 16. Provisions for the Protection of Mortgagees Notwithstanding anything in this Master Deed or in the Condominium Trust and By — Laws 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) 1n the event that the Unit Owners shall amend this Master Deed or the Condominium Trust to include therein any right of first refusal in connection with the sale of a Unit, such right of first refusal shall not impair the rights of a First Mortgagee to: (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 default by a mortgagor; or (iii) Sell or lease a Unit acquired by the First Mortgagee through the procedures described in subparagraphs (i) and (ii) above. (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 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; (d) Any and all common expenses, assessments and charges that may be levied by the Trust in connection with unpaid expenses or assessments shall be subordinate to the rights of any First Mortgagee pursuant to its mortgage on any Unit to the extent permitted by applicable law; (e) A lien for common expenses assessments shall not be affected by any sale or transfer of a Unit, except that a sale or transfer pursuant to a foreclosure of a first mortgage shall extinguish a subordinate lien for assessments which became payable prior to such sale or transfer. However, any such delinquent assessments which are extinguished pursuant to the foregoing provision may be reallocated and assessed to all Units as a common expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit from the lien of, any assessments made thereafter. C: (f) Unless each of the institutional first mortgage lenders holding mortgages on the individual units at the condominium have given their prior written approval, neither the Unit Owners nor the Trustees of the Condominium Trust shall be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium except in the event of substantial destruction of the Condominium premises by fire or other casualty or in the case of taking by condemnation or eminent domain; (ii) Change the pro-rata interest or obligation 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 Areas and Facilities; provided that this prohibition shall be deemed waived to the extent necessary to allow the phasing of the Condominium pursuant to the rights reserved in this Master Deed; or (iii) Partition or subdivide any Unit; or (iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium and the exercise of other actions with respect to granting of special rights of use or easements of General and Limited Common Areas and Facilities contemplated herein or in the Condominium Trust shall not be deemed an action for which any prior approval of a mortgagee shall be required under this Subsection; and further provided that the granting of rights by the Trustees of the Condominium Trust to connect adjoining Units shall require the prior approval of only the mortgagees of the Units to be connected; and provided further that this prohibition shall be deemed waived to the extent necessary to allow the phasing of the Condominium pursuant to the rights reserved in this Master Deed; or (v) Use hazard insurance proceeds for losses to any property of the Condominium (whether of Units or common elements) for other than the repair, replacement or reconstruction of such property of the Condominium, except as provided by statute in case of taking of or substantial loss to the Units and/or common elements of the Condominium. (g) To the extent permitted by law, 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; (h) In no case shall any provision of the Master Deed or the Condominium Trust give a Unit Owner or any other party priority over any rights of an institutional first mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or a taking of such Unit and/or the Common Areas and Facilities of the Condominium; (i) An institutional first mortgage lender, upon request to the Trustees of the Condominium Trust, will be entitled to: 7 (i) Written notification from the Trustees of the Condominium Trust of any default by its borrower who is an Owner of a Unit with respect to any obligation of such borrower under this Master Deed or the provisions 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 (at its own expense, if the condominium contains less than 50 units) an audited 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 of the Condominium Trust, and be permitted to designate a representative to attend all such meetings; (v) Receive prompt written notification from the Trustees of the Condominium Trust of any damage by fire or other casualty to the Unit upon which the institutional lender holds a first mortgage or proposed taking by condemnation or eminent domain of said Unit or the Common Areas and Facilities of the Condominium; (vi) Receive written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust; and (vii) Receive written notice of any action which requires the consent of a specified percentage of eligible mortgagees. The Declarant intends that the provisions of this paragraph shall comply with the requirements of the Federal Home Loan Mortgage Corporation and The Federal National Mortgage 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 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 Registry of Deeds in accordance with the requirements of this Master Deed. 17. 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. 18. Conflicts. Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts. In case any of the provisions stated above conflict with the provisions of said statute, the provisions of said statute shall control. 19. Right of First Refusal. There shall be a Right of First Refusal with respect to all sales of Condominium Units in favor of, first the Declarant, and second, the non -selling Unit Owner. No Unit Owner shall sell, transfer, or convey a Unit to any person or entity unless (a) said Declarant has received a bona fide offer to purchase the same, (b) said owner has given the Declarant written notice stating the name and address of the Offeror and the terms and conditions of said offer and the encumbrances subject to which the unit is to be conveyed, and containing an offer by said owner to sell said unit to the Declarant and (c) said Declarant shall not within fourteen (14) days after receipt of such notice have given said owner written notice of the election to purchase said unit in accordance with said offer. In the event that the said Declarant shall elect to purchase the said unit, the deed to the Declarant shall be delivered and the consideration paid at the office of Declarant's attorney, or some other agreeable location, at 2:00 p.m. on the thirtieth (30f11) business day after the date of giving of such notice of election to purchase. In the event that said Declarant shall not elect to so purchase, then the selling Unit Owner shall not sell, transfer, or convey a Unit to any person or entity unless (a) said non -selling Unit Owner has received a bona fide offer to purchase the same, (b) said owner has given the non - selling Unit Owner written notice stating the name and address of the Offeror and the terms and conditions of said offer and the encumbrances subject to which the unit is to be conveyed, and containing an offer by said owner to sell said unit to the non -selling Unit Owner and (c) said non -selling Unit Owner shall not within ten (10) days after receipt of such notice have given said owner written notice of the election to purchase said unit in accordance with said offer. In the event that the said non -selling Unit Owner shall elect to purchase the said unit, the deed to the non -selling Unit Owner shall be delivered and the consideration paid at the paid at the office of non -selling Unit Owner's attorney, or some other agreeable location at 2:00 p.m. on the thirtieth (30'h) business day after the date of giving of such notice of election to purchase. In the event that both said Declarant and the non -selling Unit Owner shall not elect to so purchase, then the selling Unit 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 and on the terms and conditions stated in the aforesaid notice and offer, but said owner shall not sell or conveyed said unit to any other person at any lower price or on different terms or conditions without again offering the same in the aforesaid manner. The provision of this section shall not be construed to apply to bona fide mortgages of any unit or to sales or other proceedings for the foreclosure thereof. 20. Arbitration Any dispute between Unit Owners arising under this Master Deed, or the accompanying Declaration of Trust, which is not resolved by the parties pursuant to the terms hereof shall be submitted to arbitration for resolution. The parties agree that arbitration shall be the exclusive procedure with respect to such dispute, and any award or decision made pursuant to such arbitration shall be final and binding and enforceable in ay court of appropriate jurisdiction. Any Unit Owner aggrieved by any decision or action of the Trust in the administration of the Condominium shall have the remedy recited in Article IX of the Trust. 0 WITNESS the execution hereof, under seal, this day of , 2023. Andrew Laird Cynthia Laird COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of , 2023, before me, the undersigned notary public, personally appeared Andrew Laird and Cynthia Laird, proved to me through satisfactory evidence of identification, namely Massachusetts Driver's Licenses, 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. Notary Public My Commission Expires: SEAL HERE 10 MASTER DEED OF CROWELL HERITAGE CONDOMINIUM Schedule A Description of Buildings The buildings comprising the Condominium consist of two buildings containing a total of two units as follows: Building A comprises Unit A and Building B comprises Unit B. The Buildings are of wood frame construction, constructed with wooden exterior walls, wooden framing, windows and screens with glass and flush wooden doors. All as more accurately described on the Crowell Heritage Condominium floor plans recorded herewith. UNIT DESCRIPTIONS AND FEATURES # of Apx. Undivided Unit Floors # of Rooms Bdrms Sq. Ft. Area Interest Unit % A 2 13 4 2,426:E s/f 50.00% B 2 7 1 2,277f slf 50.00% Total Undivided Interests 100% The hereinabove percentages are in the approximate relation to the fair value each Unit bears to the aggregate fair value of all the Units as of the date hereof. OTHER UNIT DESCRIPTIONS AND FEATURES The Unit dimensions shown on the plans include the entire building structure in which the units are located as more fully described in this Master Deed. Each Unit has an immediate access easement to common areas contiguous thereto. The boundaries of the Units are described in Paragraph 3 of the Master Deed. Access to immediate common areas are shown on the floor plans recorded herewith and on the Unit Plans to be recorded with the unit deeds. Unit Owners who seek to alter, extend or replace their Unit, as long as accomplished in accordance with Paragraph 2 hereof, will not be constrained by the Unit Descriptions and Features listed above, as they are only descriptive of the Units as they exist on the date of this document. 11 The Units (Owners) are hereby granted an exclusive use license for at least two (2) parking spaces each as follows: Unit Parking Spaces as Shown on Site Plan A 2 spaces denoted on the site plan B 2 spaces denoted on the site plan 12 CROWELL HERITAGE CONDOMINIUM TRUST Table of Contents Article I. Name of Trust 11. The Trust and Its Purpose III. The Trustees IV. Beneficiaries and the Beneficial Interest in the Trust V. By —Laws Section 1. Powers and Duties of Trustees Section 2. Common Expenses, Profits and Funds Section 3. Insurance Section 4. Rebuilding and Restoration; Improvements Section 5. Rules and Regulations Section 6. Meetings Section 7. Notices to Unit Owners Section 8. Inspection of Books; Reports to Unit Owners Section 9. Checks, Notes, Drafts and Other Instruments Section 10. Seal Section 11. Fiscal Year Section 12. Maintenance of Units VI. Rights and Obligations of Third Parties; Dealing With the Trustees; Limitation of Liability VII. Amendments and Termination VIII. Sale of Units IX. Disputes X. Construction and Interpretation Schedule A —Rules and Regulations r,( CROWELL HERITAGE CONDOMINIUM TRUST Declaration of Trust CG0 RAFT This Declaration of Trust made this day of , 2023, by ANDREW LAIRD and CYNTHIA LAIRD, of 181 South Sea Avenue, West Yarmouth, Massachusetts 02673 (hereinafter called the "Trustee", which term and any pronoun referring thereto shall be deemed to include their successors in trust hereunder and to mean the Trustee or Trustees for the time being hereunder, wherever the context so permits). WITNESSETH: ARTICLE I Name of Trust The Trust hereby created shall be known as "Crowell Heritage Condominium Trust", and under that name, so far as legal, covenant and practicable, shall all business carried on by the Trustee be conducted and shall all instruments in writing by the Trustee be executed. ARTICLE II The Trust and Its Purpose Section 1. All of the rights and powers in and with respect to the common areas and facilities (hereinafter called the "Common Elements") of the Crowell Heritage Condominium (hereinafter called the "Condominium"), established by a Master Deed of even date and recorded herewith, which are by virtue of the provisions of Chapter 183A of the Massachusetts General Laws conferred upon or exercisable by the organization of unit owners of the Condominium, and all property, real and personal, tangible and intangible, conveyed to the Trustee hereunder shall vest in the Trustee or Trustees as joint tenants, with right of survivorship, as Trustee of this Trust, in trust to exercise, manage, administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of units of the Condominium (hereinafter called the "Unit Owners"), according to the schedule of beneficial interest set forth in the Master Deed, as provided in Article IV, Section 1, hereof, and in accordance with the provisions of said Chapter 183A, this Trust being the organization of the Unit Owners established pursuant to the provisions of said Chapter 183A for the purposes therein set forth. Section 2. It is hereby expressly declared that a trust and not a partnership has been created and that the Unit Owners are beneficiaries and not partners or associates or any other relation whatever among themselves with respect to the trust property, and hold no relation to the Trustees other than as beneficiaries, with only such rights as are conferred upon them as such beneficiaries hereunder and under and pursuant to the provisions of said Chapter 183A. 1 ARTICLE III The Trustees Section 1. There shall be a Board of Trustees hereunder consisting initially of two (2) individuals chosen by Andrew Laird and Cynthia Laird (the "Sellers"), to serve for a term which shall expire at the later of the annual meeting of Unit Owners on the last Saturday of May, next, unless such term shall expire earlier, as hereinafter provided, or the Sellers convey each of the 2 Units of the condominium. The initial Trustees so chosen is the Trustee named herein: Andrew Laird and Cynthia Laird. Any vacancy in the office of a Trustee appointed by the Seller shall be filled by any of the Sellers. Except as set forth above, the Board of Trustees shall consist of two (2) Trustees, designated as one each by the owner(s) of each of the two (2) individual condominium units. Each vacancy in the office of a Trustee shall be filled by instrument in writing setting forth: (a) the appointment of a natural person to act as such Trustee, signed: (i) by the Seller (if the vacancy is in the office of a Trustee chosen by the Seller) or by Unit Owners as designated above, or (ii) if Unit Owners entitled to so designate a Trustee have not within thirty (30) days after the occurrence of such vacancy made such appointment, by a majority of the then remaining Trustees, or by the sole remaining Trustee if there be only one; and (b) the acceptance of such appointment, signed and acknowledged by the person so appointed. Such appointment shall become effective upon the recording with Barnstable Registry of Deeds of a certificate of such appointment, signed and accepted as aforesaid, and such person shall then be and become such Trustee and shall be vested with the title to the trust property, jointly with the remaining or surviving Trustees or Trustee, without the necessity of any act of transfer or conveyance. If for any reason any vacancy in the office of Trustee shall continue for more than sixty (60) days and shall at the end of that time remain unfilled, a Trustee or Trustees to fill such vacancy or vacancies may be appointed by any court of competent jurisdiction upon the application of any Unit Owner and notice to all Unit Owners and Trustees and to such other parties in interest, if any, to whom the court may direct that notice be given. Notwithstanding the foregoing, upon the recording of a Unit Deed, the existing Trustee representing that particular Unit shall automatically be deemed to have resigned and the first individual named in the Grantee clause of the Deed (whether individually or as a fiduciary) being deemed to have been appointed and accepted as successor trustee, unless a resignation and appointment of successor trustee is recorded contemporaneously with the Deed. The foregoing provisions of this Section to the contrary notwithstanding, despite any vacancy in the office of Trustee, however caused and for whatever duration, the remaining of surviving Trustees, subject to the provisions of the immediately following Section, shall continue to exercise and discharge all of the powers, discretions and duties hereby conferred or imposed upon the Trustees. 2 Section 2. In any matters relating to the administration of the Trust hereunder and the exercise of the powers hereby conferred, the Trustees may act by a majority vote at any duly called meeting at which a quorum is present as provided in Paragraph A of Section 6 of Article V. The Trustees may also act without a meeting by instrument signed by a majority of their number. Section 3. Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, and such resignation shall take effect upon the recording of such instrument with said Registry of Deeds. Section 4. No Trustee named or appointed as hereinbefore provided, whether as original Trustee or as successor to or as substitute for another, shall be obligated to give any bond or surety or other security for the performance of any of his duties hereunder, provided, however, that Unit Owners entitled to more than fifty per cent (50%) of the beneficial interest hereunder may at any time, by instrument in writing signed by them and delivered to the Trustee or Trustees affected, require that any one or more of the Trustees shall give a bond in such amount and with such sureties as shall be specified in such instrument. All expenses incident to any such bond shall be charged as a common expense of the Condominium. Section 5. No Trustee hereinbefore named or appointed as hereinbefore provided shall under any circumstances or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken, suffered or omitted in good faith or be so liable or accountable for more money or other property than he actually receives, or for allowing one or more of the other Trustees to have possession of the Trust books or property, or be so liable, accountable or deprived by reason of honest errors of judgment or mistakes of fact or law or by reason of the existence of any personal interest or gain or by reason of anything except his own personal and willful malfeasance and default. Section 6. No Trustee shall be disqualified by his office from contracting or dealing with the Trustees or with one or more Unit Owners (whether directly or indirectly because of his interest individually or the Trustees' interest or any Unit Owner's interest in any corporation, firm, trust or other organization connected with such contracting or dealing or because of any other reason), as vendor, purchaser or otherwise, nor shall any such dealing, contract or arrangement entered into in respect of this Trust in which any Trustee shall be in any way interested be avoided nor shall any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relationship hereby established, provided the Trustee shall act in good faith and shall disclose to the other Trustees the nature of his interest before the dealing, contract, or arrangement is entered into. Section 7. The Trustees and each of them shall be entitled to indemnity both out of the trust property and by the Unit Owners against any liability incurred by them or any of them in the execution hereof, including, without limitation, liabilities in contract and in tort and liabilities 3 for damages, penalties and fines. Each Unit Owner shall be personally liable for all sums lawfully assessed for his share of the common expenses of the Condominium and for his proportionate share of any claims involving the trust property in excess thereof. Section 8. The Trustees shall elect from their number, at the annual meeting of the Trustees, a Chairman, and Treasurer/Secretary, who shall have such duties as are determined by the Trustees. Section 9. The compensation of the Trustees shall be determined at each annual meeting of Unit Owners, except for the original Trustee chosen by the Seller who agree to serve without compensation. ARTICLE IV Beneficiaries and the Beneficial Interest in the Trust Section 1. The beneficiaries shall be the Unit Owners of the Condominium, for the time being. The beneficial interest in the Trust hereunder shall be divided among the Unit Owners in the percentage of undivided beneficial interest appertaining to the Units of the Condominium, all as set forth in Schedule A of the Master Deed, incorporated herein by reference with the same force and effect as though fully set forth in the body of this instrument. Section 2. The beneficial interest of each Unit of the condominium shall be held and exercised as a unit and shall not be divided among several owners of any such Unit. To that end, whenever any of said Units is owned of record by more than one person, the several owners of such Unit shall: (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments, and otherwise exercise the rights appertaining to such Unit hereunder; and (b) notify the Trustees of such designation by a notice in writing signed by all of the record owners of such Unit. Any such designation shall take effect upon receipt by the Trustees of such notice, and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation, the Board of Trustees may, by majority vote, designate any one of such owners for such purposes. Section 3. A Unit Owner may vote in person or by a written proxy dated no earlier than six (6) months prior to the date of the meeting at which such vote is taken. A proxy purporting to be executed by or on behalf of a Unit Owner shall be deemed valid unless challenged at or prior to its exercise. A proxy with respect to a Unit held in the names of two or more persons shall be valid if executed by one of them, unless at or prior to the exercise of the proxy, the Trustees receive specific notice to the contrary from any one of said persons. 4 ARTICLE V By —Laws The provisions of this Article V shall constitute the By —Laws of this Trust and the organization of Unit Owners established hereby, to wit: Section 1. Powers and Duties of Trustees. The Board of Trustees shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts and things except, as by law or by the Master Deed or by this Trust, those which may not be delegated to the Board of Trustees by the Unit Owners. Such powers and duties of the Board of Trustees shall include, but shall not be limited to, the following: (a) Operation, care, upkeep and maintenance of the Common Elements. (b) Determination of the common expenses required for the affairs of the Condominium, including, without limitation, the operation and maintenance of the Condominium. (c) Collection of the common charges from the Unit Owners. (d) Employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the Common Elements. (e) Adoption and amendment of rules and regulations covering the details of the operation and use of the Condominium. (f) Opening of bank accounts on behalf of the Condominium and designating the signatories required therefore. (g) Leasing, managing and otherwise dealing with such community facilities as may be provided for in the Master Deed as being common areas and facilities ("Common Elements"). (h) Owning, conveying, encumbering, leasing and otherwise dealing with Units conveyed to it or purchased by it as the result of enforcement of the lien for common expenses, or otherwise. (i) Obtaining of insurance for the Condominium, including the Units, pursuant to the provisions hereof. 0) Making of repairs, additions and improvements to, or alterations of, the Condominium, and repairs to and restoration of the Condominium in accordance with the other provisions of this Trust. E (k) The Board of Trustees shall have the power to enforce obligations of Unit Owners; to enforce the rules and regulations of the Condominium; to allocate income and expenses; and to do anything and everything else necessary and proper for the sound management of the Condominium. In case of persistent violation of the rules and regulations by a Unit Owner, the Board of Trustees shall have the power to require such Unit Owner to post a bond to secure adherence to the rules. (1) Grant or relocate easements. (m) Enter into management contracts for the management of the Common Elements. (n) Make arrangements for the maintenance, repair, upkeep and, if necessary, replacement of the septic systems servicing each unit specifically including the pumping out of the same at least every third year. Section 2. Common Expenses, Profits and Funds. A. Each Unit Owner shall be liable for their respective common expenses and shall be entitled to common profits of the Condominium according to his respective percentage of undivided interest in the Common Elements as set forth in Schedule A of the Master Deed which is incorporated herein by reference with the same force and effect as though fully set forth in the body of this instrument. The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions. The Trustees may, to such extent as they deem advisable, set aside common funds of the Condominium as reserve or contingent funds and may use the funds so set aside for reduction of indebtedness or other lawful capital purpose, or, subject to the provisions of the following Section 3, for repair, rebuilding or restoration of the trust property, or for improvements thereto, and the funds so set aside shall not be deemed to be common profits available for distribution. B. At least thirty (30) days prior to the commencement of each fiscal year of this Trust, the Board of Trustees shall estimate the common expenses expected to be incurred during such fiscal year, together with a reasonable provision for contingencies and reserves, and after taking into account any undistributed common profits from prior years, shall determine the assessment to be made for such fiscal year. The Trustees shall promptly render statements to the Unit Owners for their respective shares of such assessment, and each Unit Owner thereafter shall pay one -twelfth of his share of the estimated common expenses monthly in advance of the first day of each month, unless other payment terms are determined by the Board of Trustees. In the event that the Board of Trustees shall determine during any fiscal year that the assessment so made is less than the common expenses actually incurred, or in the reasonable opinion of the Trustees likely to be incurred, the Board of Trustees shall make a supplemental assessment or assessments and render statements therefore in the manner aforesaid, and such statements shall be payable and take effect as aforesaid. The Board of Trustees may in its discretion provide for payments of statements in monthly or other installments. In order to create a reserve fund for future contingencies, the Board of Trustees may assess from time to time, in addition to the 0 foregoing assessments, each Unit Owner for a sum or sums sufficient to provide the Condominium Trust with sufficient capital to meet emergencies and other contingencies. The amounts due hereunder, together with interest thereon, if not paid when due, at a rate equal to three per cent (3%) above prime rate of a financial institution to be designated by the Trustees then in effect, shall constitute a lien on the Unit of the Unit Owner assessed, pursuant to the provisions of Section 6 of said Chapter 183A. C. The Board of Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. Section 3. Insurance. A. The Trustees shall obtain and maintain, to the extent available, master policies of casualty and physical damage insurance for the benefit and protection of the Trustees and all of the Unit Owners, naming as the insured, and with loss proceeds payable to, the Trustees hereunder, as Insurance Trustees for all of the Unit Owners and their respective mortgagees, as their interests may appear, such insurance to cover all insurable improvements forming part of the Common Elements; but not including: (a) the Buildings, the insuring of which shall be the sole obligation of the respective owner of each Unit; (b) the furniture, furnishings or other personal property of the Unit Owners, whether within the Units, or elsewhere; or (c) improvements within a Unit, as to which it shall be the separate responsibility of the Unit Owners to insure. Such insurance shall, unless the same is not obtainable, be maintained in an amount, as determined by the Trustees, of the insured property, and shall insure against: (a) loss or damage by fire and other hazards of the common areas and facilities, covered by the standard extended coverage endorsement; and (b) such other hazards or risks as the Trustees from time to time in their discretion shall determine to be appropriate, including, but not limited to, vandalism, malicious mischief, windstorm and water damage, earthquake, and boiler and machinery explosion or damage. B. All policies of casualty or physical damage insurance shall, unless the same is not obtainable, provide: (a) that such policies may not be cancelled, terminated or substantially modified without at least twenty (20) days' written notice to the insureds; (b) that, notwithstanding any provisions thereof which give the insurer the right to elect to restore damage in lieu of making a cash settlement, such election may not be exercisable without the approval of the Trustees and may not be exercisable if in conflict with the terms of the Trust or these By — Laws; (c) for waiver of subrogation as to any claims against the Trust, the Trustees, the manager, agents, employees, the Unit Owners and their respective employees, agents and guests; (d) for waivers of any defense based upon the conduct of any insured; and (e) in substance and effect that the insurer shall not be entitled to contribution as against any casualty insurance for which may be purchased separately by Unit Owners. C. The Trustee or Trustees hereunder designated as Insurance Trustee or Trustees as aforesaid shall collect and receive all casualty loss insurance proceeds and shall hold, use, apply and disburse the same in accordance with applicable provisions of the following Section 4 of this 7 Article V. With respect to losses which affect portions or elements covered by such insurance of more than one Unit to different extents, the proceeds relating thereto shall be used, applied and disbursed by the Trustees in their judgment, in a fair and equitable manner. D. The Trustees shall also so obtain and maintain, unless the same is not obtainable, master policies of insurance with respect to the Common Elements for the benefit and protection of the Trustees and all of the Unit Owners, for: (a) comprehensive public liability; (b) workmen's compensation and employees liability with respect to any manager, agent, or employee of the Trust; (c) elevator liability and collision; and (d) such other risks as the Trustees in their discretion deem it appropriate to insure. All such insurance shall be in such amounts and form as the Trustees shall in their discretion deem appropriate, and shall, insofar as practicable, contain provisions as above set forth with respect to non -cancellation, waiver of subrogation, waiver of defense based on conduct of any insured, and non -contribution. Such insurance shall not cover the liability of any Unit Owner as to claims arising out of incidents occurring within his own Unit, but shall be the responsibility of each Unit Owner to maintain public liability insurance therefore. The Trustees may elect to include the managing agent of the Condominium as a party insured under policies of insurance described in this Paragraph D. E. The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 shall be a common expense. F. No unit owner shall permit anything to be done, or kept in the Common Elements and facilities which will result in the cancellation of insurance on the Common Elements (storage building), or contents thereof, or which would be in violation of any law. Section 4. Rebuilding and Restoration; Improvements. A. In the event of any casualty loss to the trust property, the Trustees shall determine in their reasonable discretion whether or not such loss exceeds ten per cent (10%) of the value of the Condominium immediately prior to the casualty, and shall notify all Unit Owners of such determination. If such loss as so determined does not exceed ten per cent (10%) of such value, the Trustees shall proceed, without notice to the Unit Owners, with the necessary repairs, rebuilding, or restoration. If said casualty loss exceeds ten per cent (10%) of the value of the Condominium prior to the casualty, and: (a) If seventy-five per cent (75%) in interest of the Unit Owners do not agree within 120 days after the date of the casualty to proceed with repair or restoration, the Condominium, including all Units, shall be subject to partition at the suit of any Unit Owner. Such suit shall be subject to dismissal at any time prior to entry of an order to sell if an appropriate agreement to rebuild is fined. The net proceeds of a partition sale, together with any common funds including the proceeds of any insurance, shall be divided in proportion to the Unit Owner's respective undivided ownership in the Common Elements. Upon such sale, the Condominium shall be deemed removed from the provisions of Chapter 183A of the Massachusetts General Laws. 8 (b) If seventy-five per cent (75%) in interest of the Unit Owners agree to proceed with the necessary repair or restoration, the cost of rebuilding the Condominium, in excess of any available common funds including the proceeds of any insurance, shall be a common expense, provided, however, that if such excess cost exceeds ten per cent (10%) of the value of the Condominium prior to the casualty, any Unit Owner who did not so agree may apply to the Superior Court of Barnstable County, on such notice to the Trust as the Court shall direct, for an order directing the purchase of his Unit by the Trust at the fair market value thereof as approved by the Court. The cost of any such purchase shall be a common expense. B. If seventy per cent (75%) or more in interest of the Unit Owners agree to make an improvement to the Common Elements, the cost of such improvements shall be borne solely by the Unit Owners so agreeing. Seventy-five per cent (75%) or more in interest of the Unit Owners may agree to make an improvement to the Common Elements and assess the cost thereof to all Unit Owners as a common expense; but if such improvement shall cost in excess of ten per cent (10%) of the then value of the Condominium, any Unit Owner not so agreeing may apply to the Superior Court of Barnstable County, on such notice to the Trust as the Court shall direct, for an order directing the purchase of his Unit by the Trust as fair market value thereof as approved by the Court. The cost of any such purchase shall be a common expense. C. Each Unit Owner shall be solely responsible for the maintenance and improvements to their Unit, and all appurtenant common areas affixed to or serving that Unit, if said common area and facility is located in the respective Unit Owner's Exclusive Use Area. D. Any alterations to any building (units & storage) will require a revised condominium survey to be filed at the Registry of Deeds the expense will be borne by the unit owner requiring such updates. Section 5. Rules and Regulations. The Board of Trustees has adopted the Rules and Regulations set forth in Schedule A annexed hereto and made a part of this Trust, governing the details of the operation and use of the Common Elements, and containing such restrictions on and requirements respecting the use and maintenance of the Units and the Common Elements as are consistent with the provisions of the Master Deed, and designed to prevent unreasonable interference with the use by the Unit Owners of their Units and of the Common Elements. By vote of a majority in number of the Board of Trustees, the Board of Trustees may at any time and from time to time amend, modify and rescind the Rules and Regulations. 0 Section 6. Meetings. A. The Board of Trustees shall meet annually on the date of (and immediately following) the annual meeting of the Unit Owners, and at such meeting shall elect the Chairman, and Treasurer/Secretary hereinbefore provided for. Other meetings may be called by the Chairman and in such other manner as the Trustees may establish, provided, however, that written notice of each meeting, stating the place, day and hour thereof, shall be given at least four (4) days before such meeting to each member of the Board of Trustees. The two (2) Trustees shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with such rules as the Board of Trustees may adopt. B. Commencing with the calendar year 2024 there shall be an annual meeting of the Unit Owners on the last Saturday of August in each year, at 7:30 p.m., at the Condominium premises or at such other reasonable place and time as may be designated by the Board of Trustees by written notice given to the Unit Owners at least fourteen (14) days prior to the date so designated. Special meetings of the Unit Owners may be called by The Board of Trustees or by the Unit Owners upon the written request of Unit Owners entitled to more than fifty per cent (50%) of the beneficial interest hereunder. Written notice of any such meeting designating the place, day and hour thereof shall be given by the Board of Trustees to the Unit Owners at least fourteen (14) days prior to the date so designated. At the annual meeting of the Unit Owners, the Board of Trustees shall submit reports of the management and finances of the Condominium. Whenever at any meeting the Board of Trustees proposes to submit to the Unit Owners any matter with respect to which approval of or action by the Unit Owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter. A quorum of Unit Owners shall consist of the holders of at least one hundred per cent (100%) of the beneficial interest hereunder. Section 7. Notices to Unit Owners. Every notice to any Unit Owner required under the provisions hereof, or which may be deemed by the Trustees necessary or desirable in connection with the execution of the trust created hereby or which may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him at his residence in the Condominium or by mailing it, postage prepaid, addressed to such Unit Owner at his address as it appears upon the records of the Trustees, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, or such longer period of time as may be required by the specific terms of this instrument. Unit Owners may waive notice by duly executing an appropriate waiver of notice. Section 8. Inspection of Books; Reports to Unit Owners. Books, accounts and records of the Trustees shall be open to inspection to any one or more of the Trustees and the Unit Owners at all reasonable times. The Trustees shall as soon as 10 reasonably possible after the close of each fiscal year, or more often if convenient to them, submit to the Unit Owners a report of the operations of the Trustees for such year, which shall include financial statements in such summary form and only in such detail as the Trustees shall deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to the Trustees, given by registered or certified mail within a period of one (1) month of the date of receipt by him, shall be deemed to have assented thereto. Section 9. Checks, Notes, Drafts, and Other Instruments. Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any two (2) Trustees, or by any person or persons (who may be one of the Trustees) to whom such power may at any time or from time to time be designated by not less than a majority of the Trustees. Section 10. Seal. The seal of the Trustees, if any, shall be circular in form, bearing the inscription: "Crowell Heritage Condominium", but such seal may be altered by the Trustees, and the Trustees may, at any time or from time to time, at their option, adopt a common or wafer seal which shall be valid for all purposes. Section 11. Fiscal Year. The fiscal year of the Trust shall be the calendar year. Section. 12. Maintenance of Units (Interior). The Unit Owners shall be responsible for the proper maintenance and repair of the interior of their respective Units. If a majority of the Trustees shall at any time in their reasonable judgment determine that the interior of a Unit is in such need of maintenance, painting or repair that the market value of an adjacent Unit or Units is being adversely affected, or that the condition of a Unit or any fixtures, furnishing, facility or equipment thereof is hazardous to any Unit or the occupants thereof, the Trustees shall in writing request the Unit Owner to perform the needed maintenance, painting or repair, or otherwise to correct the hazardous condition, and in case such work shall not have been commenced within fifteen (15) days (or such reasonably shorter period in case of emergency, as the Trustees shall determine) of such request and brought to diligent completion, the Trustees shall be entitled to have access to the Unit and to have the work performed for the account of such Unit Owner whose Unit is in need of work, and the cost thereof shall constitute a lien upon such Unit, and such Unit Owner shall be personally liable therefore, provided that the lien thus created shall be subordinate to first mortgages of record. 11 Section 12.1. Maintenance of Units (Exterior) All maintenance and replacements of and repairs to the common areas and facilities as defined in the Master Deed, shall be made by the Trustees and shall be charged to each Unit Owner as a Common Expense, except to the extent that the same are necessitated by the negligence, misuse or neglect of a Unit Owner, in which case such expense shall be charged solely to such Unit Owner. All maintenance and replacement of and repairs to the Buildings and to structural parts of the Buildings, and the painting and decorating of the exterior doors and exterior window sashes of the Buildings shall be made by the Unit Owners of each such Building and the cost of the same shall be sole obligation of each of the Unit Owners of the respective Building. In addition, all other common areas and facilities serving each Building and located within a respective Exclusive Use Area shall be the sole responsibility of the Unit Owner to whom such Areas are assigned, subject to prior approval of the Trustees. ARTICLE VI Rights and Obligations of Third Parties Dealing With the Trustees; Limitation of Liability Section 1. No purchaser, mortgagee, lender, or other person dealing with the Trustees as they then appear of record in said Registry of Deed shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be affected with any notice, implied or actual, otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein. The receipts of the Trustees, or any one or more of them, shall be effectual discharges therefrom to the persons paying or delivering the same and no person from whom the Trustees, or any one or more of them, shall receive any money, property or other credit, shall be required to see to the application thereof. No purchaser, mortgagee, lender, or other person dealing with the Trustees or with any real or personal property which then is or formerly was the trust property shall be bound to ascertain or inquire as to the existence or occurrence of any event or purpose in or for which a sale, mortgage, pledge or charge is herein authorized or directed or otherwise as to the purpose or regularity of any of the acts of the Trustees or any one or more of them purporting to be done in pursuance of any of the provisions or powers herein contained, or as to the regularity of the resignation or appointment of any Trustee, and any instrument of appointment of a new Trustee or discharge of a Trustee purporting to be executed by the Trustees, Unit Owners or other persons herein required to execute the same, shall be conclusive evidence in favor of any such purchaser or other person dealing with the Trustees of the matters therein recited relating to such discharge, resignation or appointment or the occasion thereof. Section 2. No recourse shall at any time be had under or upon any note, bond, contract, order, instrument, certificate, undertaking obligation, covenant, or agreement, whether oral or written, made, issued or executed by the Trustees or by any agent or employee of the Trustees, or by reason of anything done or omitted to he done by or on behalf of them or any of them against the Trustees individually, or against any such agent or employee, or against any beneficiary, either directly or indirectly, by legal or equitable proceedings, or by virtue of any suit or otherwise, and all persons extending credit to, contracting with, or having any claim against the 12 Trustees, shall look only to the trust property for payment under such contract or claim, or for the payment of any debt, damage, judgment or decree, or of any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the beneficiaries, present or future, shall be personally liable therefore; provided, however, that nothing herein contained shall be deemed to limit or impair the liability of the Unit Owners under the provisions of Section 7 of Article III hereof or under the provisions of said Chapter 183A. Section 3. Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement, whether oral or written, made, issued or executed by the Trustees, or by any agent or employee of the Trustees, shall be deemed to have been entered into subject to the terms, conditions, provisions and restrictions hereof, whether or not express reference shall have been made to this instrument. Section 4. This Declaration of Trust and any amendments thereto and any certificate herein required to be recorded, and any other certificate or paper signed by said Trustees or any of them which it may be deemed desirable to record, shall be recorded with said Registry of Deeds and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof, and all persons dealing in any manner whatsoever with the Trustees, the trust property, or any beneficiary hereunder, shall be held to have notice of any alteration or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with said Registry of Deeds. Any certificate signed by the Trustees in office at the time, setting forth as facts any matters affecting the Trust, including statements as to who are the beneficiaries, as to what action has been taken by the beneficiaries, and as to matters determining the authority of the Trustees to do any act, when duly acknowledged and recorded with said Registry of Deeds, shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons, including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder, or by a majority of the Trustees hereunder, setting forth the existence of any facts, the existence of which is necessary to authorize the execution of any instrument or the taking of any action by such Trustee or majority, as the case may be, shall, as to all persons acting in good faith in reliance thereon, be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth. ARTICLE VII Amendments and Termination Section 1. The Trustees, with the unanimous consent in writing of Unit Owners, may at any time and from time to time amend, alter, add to, or change this Declaration of Trust in any manner or to any extent, the Trustees first, however, being duly indemnified to their reasonable satisfaction against outstanding obligations and liabilities; provided always, however, that no such amendment, alteration, addition or change shall be valid or effective: (a) according to the purport of which the percentage of the beneficial interest hereunder of any Unit Owner would be altered, other than by consent of all of the Unit Owners, or in any manner or to any extent whatsoever modified or affected so as to be different than the percentage of the individual 13 interest of such Unit Owner in the Common Elements as set forth in the Master Deed; or (b) which would render this Trust contrary or inconsistent with any requirements or provisions of said Chapter 183A. Any amendment, alteration, addition or change pursuant to the foregoing provisions of this Section shall become effective upon the recording with said Registry of Deeds of an instrument of amendment, alteration, addition or change, as the case may be, signed, sealed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, by the Trustees setting forth in full the amendment, alteration, addition, or change, and reciting the consent of the Unit Owners herein required to consent thereto. Such instrument, so executed and recorded, shall be conclusive evidence of the existence of all facts and of compliance with all prerequisites to the validity of such amendment, alteration, addition, or change, whether stated in such instrument or not, upon all questions as to title or affecting the rights of third persons, and for all other purposes. Section 2. The Trust hereby created shall terminate only upon the removal of the Condominium from the Provisions of Chapter 183A in accordance with the procedure therefore set forth in Section 19 of said Chapter. Section 3. Upon the termination of this Trust, the Trustees may, subject to and in accordance with the provisions of said Chapter 183A, sell and convert into money the whole of the trust property, or any part or parts thereof, and, after paying or retiring all known liabilities and obligations of the Trustees and providing for indemnity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among, and distribute in kind, at valuations made by them which shall be conclusive, all other property then held by them in trust hereunder to the Unit Owners according to their respective percentages of beneficial interest, as shown in Schedule A of the Master Deed. In making any sale under the provisions of this Section 3, the Trustees shall have the power to sell or vary any contract of sale and resell without being answerable for loss, and, for said purposes, to do all things, including the execution and delivery of instruments, as may by their performance thereof be shown to be in their judgment necessary or desirable in connection therewith. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership, even though all times herein fixed for distribution of trust property may have passed. ARTICLE VIII Sale of Units Section 1. No Severance of Ownership. No Unit Owner shall execute any deed, mortgage, or other instrument conveying or mortgaging title to his Unit without including therein the Appurtenant Interests (as hereinafter defined); it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, or other instrument purporting to affect one or more of such interests, without including all such interests, shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described therein. No part of the Appurtenant Interests of any Unit may be sold, transferred, or otherwise disposed of, except as part of a sale, transfer, or other 14 disposition of the Unit to which such interests are appurtenant, or as part of a sale, transfer, or other disposition of such part of the Appurtenant Interests of all Units. "Appurtenant Interests", as used herein, shall include: (i) the undivided interest of a Unit Owner in the Common Elements; (ii) the exclusive license of a Unit Owner for one or more parking spaces (if included in his Unit Deed), and one or more storage sheds (if included in his Unit Deed).; (iii) the interest of such Unit Owner in any Units theretofore acquired by the Trustees, or their designee, on behalf of all Unit Owners, or the Proceeds of the sale or lease thereof, if any; and (iv) the interest of such Unit Owner in any other assets of the Trust. Section 2. Financing of Purchase of Units by Trustees. With the prior approval of a majority in interest of the Unit Owners, the Trustees may acquire Units of the Condominium. Acquisition of Units by the Trustees may be made from any funds in the hands of the Trustees; or if such funds are insufficient, the Trustees may levy an assessment against each Unit Owner in Proportion to his beneficial interest, as a common charge; or the Trustees; in their discretion, may borrow money to finance the acquisition of such Units, provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the Units with Appurtenant Interests so to be acquired by the Trustees. Section 3. Waiver of Right of Partition. In the event that a Unit shall be acquired by the Trustees, all Unit Owners shall be deemed to have waived all rights of partition with respect to such Unit or Units as are acquired by the Trustees. Section 4. Payment of Assessments. No Unit Owner shall convey, mortgage, pledge, hypothecate, sell, or lease his Unit unless and until he shall have paid in full to the Trustees all unpaid common charges theretofore assessed by the Trustees against his Unit and until he shall have satisfied all unpaid liens against such Unit. ARTICLE IX Disputes Any Unit Owner aggrieved by any decision or action of the Trust in the administration of the Condominium may, within thirty (30) days of the decision or action of the Trust, appoint a mediator who shall be a licensed Massachusetts mediator with not less than three (3) years experience as a mediator. With ten (10) days after notice of such appointment, the Trust shall appoint another such mediator, and the two so chosen shall within ten (10) days thereafter choose a third such mediator. A majority of such mediators shall be entitled to decide any such matter, and their decision shall be rendered within thirty (30) days of the appointment of the third mediator. Such decision, subject to Chapter 251 of the General Laws of Massachusetts, as from time to time amended, shall be final and conclusive on all persons. 15 ARTICLE X Construction and Interpretation In the construction hereof, whether or not so expressed, words used in the singular or in the plural, respectively, include both the plural and singular; words denoting males include females; and words denoting persons include individuals, firms, associations, companies {joint, stock or otherwise), trusts and corporations; unless a contrary intention is to be inferred from or required by the subject matter or context. The captions of Articles and Sections are inserted only for the convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation, or effect hereof. All of the trusts, powers, and provisions herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. 10 IN WITNESS WHEREOF, the undersigned has hereunto set their hands and seals on the day and year first above written. Andrew Laird Cynthia Laird COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of , 2023, before me, the undersigned notary public, personally appeared Andrew Laird and Cynthia Laird, proved to me through satisfactory evidence of identification, namely Massachusetts Driver's Licenses, 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. Notary Public My Commission Expires: 17 SEAL HERE SCHEDULE A Rules and Regulations 1. No unit owner shall do or permit to be done anything in or about his or her unit or exclusive use area which will interfere with the rights, comfort, or convenience of other unit owners, it being the intent that the condominium shall be a residential community wherein all residents shall live in a peaceful and tranquil environment. 2. No industry, business, trade, commercial, or professional activities shall be conducted, maintained or permitted on any part of the condominium property, unless permitted by the Trustees and permitted by the Town of Yarmouth; no sign, notice or advertisement shall be inscribed or exposed on or at any window or other part of the unit, except such as shall have been approved in writing by the Trustees. 3. Each unit owner shall keep his or her unit to which he or she has sole access in a good state of preservation and cleanliness and shall keep his or her exclusive use area in a neat appearing manner. 4. No unit Owner shall keep in his or her unit and/or storage area any flammable, combustible, or explosive material, chemical or substance, except such commercial products as are required in normal house old use, and aside from fuel for landscaping purposes. 5. No use shall be made of the Common Elements except as permitted by the Board of Trustees. 6. There shall be no obstruction of the Common Elements nor shall anything be stored in the Common Elements without the prior consent of the Board of Trustees. 7. Nothing shall be done or kept in the Common Elements which increase the rate of insurance of the Condominium, or contents thereof, applicable for residential use, without the prior written consent of the Board of Trustees. No Unit Owner shall permit anything to be done, or kept in the Common Elements which will result in the cancellation of insurance on the Condominium, or contents thereof, or which would be in violation of any law. No waste shall be committed in the Common Elements. 8. Unit Owners shall not cause or permit anything to be placed on the outside walls or doors of the Condominium, and no sign, awning, canopy, shutter, or radio or television antenna shall be affixed to or placed upon the exterior walls or doors, roofs, or any part thereof, or exposed on or any window, without the prior consent of the Board of Trustees. 9. No offensive activity shall be carried on in the Common Elements, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall make or permit any disturbing 18 noises by such Unit Owner or by such Unit Owner's family, servants, employees, agents, visitors, lessees, and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts or convenience of other Unit Owners. 10. Nothing shall be done in, on or to the Common Elements which will impair the structural integrity of the buildings or which would structurally change the buildings without the prior written consent of the Board of Trustees. 11. No clothes, clotheslines, sheets, blankets, laundry, or any kind of other articles shall be hung out of a Unit or exposed on any part of the Common Elements. The Common Elements shall not be obstructed and shall be kept free and clear of all rubbish, debris, and other unsightly materials in such a manner as to be detrimental to the view and property value of the other unit owner. Unit Owners may not erect any structures at the property. 12. There shall be no parking of vehicles within the north side driveway of Unit A. 13. "For Sale", "For Rent", "For Lease" signs or other window displays or advertising shall not be maintained or permitted in any part of the Condominium or in any Unit therein. The right is reserved by the Seller or its agents, to place "For Sale", "For Rent", or "For Lease" signs on any unsold or unoccupied Units or on any part of the Common Elements of the buildings. 14. Nothing shall be altered or constructed in or removed from the Common Elements except upon the written consent of the Board of Trustees. 15. The Common Elements shall not be decorated or furnished by any Unit Owner in any manner without the prior written consent of the Board of Trustees. 16. Nothing shall be hung from the windows or placed upon the window sills. The foregoing shall not, however, interfere with the right of Unit Owners to select draperies and curtains for their Units. Rugs or mops shall not be shaken or hung from or on any of the windows or doors. No rubbish or debris of any kind shall be placed or permitted to accumulate on the premises and no odors shall be permitted to arise therefrom so as to render any unit unsanitary, unsightly, offensive or detrimental to any other property and no activity, structure or device shall be constructed, built or maintained which is or may be offensive or detrimental to any other unit or to its occupants. Garbage and refuse from the units shall be disposed of only in such manner as the Trustees may approve. In the event that such approval is granted, storage shall be at the sole risk of the person storing the articles and said person shall indemnify the trust and the Trustees from any and all liability with respect thereto. 17. No repairing of automobiles shall take place within the Condominium, nor shall driveways be used for any purpose other than to park motor vehicles and bicycles, excluding specifically, unregistered vehicles, motorcycles and commercial vehicles, without the prior 19 written consent of the Board of Trustees. Notwithstanding the foregoing, in cases of emergency, commercial vehicles may be parked within the Condominium. No Unit Owner shall park more than two (2) motor vehicles within the Condominium, without the prior written consent of the Board of Trustees. 18. If any key or keys are entrusted by a Unit Owner or occupant or by any member of such Unit Owner's family, or by such Unit Owner's agent, servant, employee, licensee, lessee or visitor, to an employee of the Board of Trustees, whether for such Unit or an automobile, truck, or other item of personal property, the acceptance of the key shall be at the sole risk of such Unit Owner or occupant, and the Board of Trustees shall not be liable for injury, loss or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. 19. The use of the Common Elements, by Unit Owners, as well as the safety and maintenance of all personal property of the Unit Owners kept in such areas and in the Units themselves, shall be the responsibility and at the sole risk of the respective Unit Owners, and neither the Trustees nor their respective agents, servants, employees, successors or assigns, shall bear any responsibility therefor. 20. Each Unit Owner assumes responsibility for such Unit Owner's own safety and that of such Unit Owner's family, guest, agents, servants, employees, licensees and lessees. 21. No pets of any kind may be housed at the property by any Unit Owner, its family, guest, agents, servants, employees, licensees and lessees, other than 1 domesticated pet not in excess of 80 pounds for each unit. No pet listed by the condominium's insurance company as dangerous, or for which no insurance coverage will be provided, will be permitted on the condominium property or in any Unit. 22. Any consent or approval given under these Rules and Regulations may be added to, amended, or repealed at any time by the Board of Trustees. 23. No unregistered vehicles, including automobiles, motorcycles, boats, recreational vehicles, ATVs or similar vehicles, may be kept on the Condominium Property or in any Exclusive Use Areas. 24. No additional freestanding sheds or other accessory structures will be placed on the Condominium Property or in any Exclusive Use Areas without the prior written consent of 100% of the Trustees. 25. Fencing along the Exclusive Use Areas which abut another Unit Owner's Exclusive Use Area is permitted, but only with the prior written consent of 100% of the Trustees, and only if said fencing consists of a white vinyl spaced picket fence panel or similar style fence, agreed upon by unit owners which is no taller than 5 feet, and supplemented with landscaping and vegetation, which said vegetation will never be permitted to grow higher than 10 feet tall. Should any installing Unit Owner allow said vegetation to exceed the 10 foot maximum height, W the other Unit Owner, or their employees, contractors or other invitees, is provided an easement to access the installing Unit Owner's Exclusive Use Area to remedy such violation. Fencing along other boundaries of the property will be allowed but only with the prior written consent of 100% of the Trustees. All fencing on the site must be approved by the Town of Yarmouth prior to installation, and valid building permit must issue for same. All other local and state approvals which are required must be secured prior to installation. 26. Each Unit, as defined by the Master Deed, may be altered, extended or replaced, but only with the prior written consent of 100% of the Trustees, and only when such alteration, extension, and/or replacement has been approved by the Town of Yarmouth, and the Unit Owner secures all necessary permits and approvals. 27. These Rules and Regulations may be amended from time to time as provided in the Trust. 24. No above ground pools in excess of 1 foot high (as in the case of a baby pool). 25. No outside dog kennels allowed. 26. The Common Elements and facilities shall not be decorated by any unit owner in any manner without the prior written consent of the Trustees. 27. From Memorial Day to Labor Day (high season), all rentals of Units shall be minimum of one week (7 days) in duration. Lower seasons require a 2 night minimum rental stay. 28. No mobile home, recreational vehicle, camper, tent of any kind will be allowed to be utilized at the Property other than a maximum of 1 week during high season and I week during the low season, unless agreed upon by Trustees. 29. Each unit owner will be solely responsible for future sewer betterment and/or septic modifications to meet town requirements unless any portion is considered joint ownership. 30. Nothing shall be altered or constructed in, or removed from, the Common Elements and facilities except upon the written consent of the Trustees. 31. No noxious or offensive activities shall be carried on or in any unit, including the creation of noise, odor, and vibration, or in the Common Elements or common facilities of the condominium; nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance to the other unit owners or occupants. No unit owner shall make or permit any disturbing noises in the buildings by him or her, his or her family, his or her tenants, servants, agents, visitors, and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts, or conveniences of other unit owners. 32. Unit owners shall be held responsible for the actions of -their children, tenants, licensees, occupants, guest and invitees. 21 33. Each unit assumes responsibility for his own safety and that of his family, guests, agents, servants, licensees and lessees. 34. Unit Owners shall comply with and conform to all applicable laws and regulations of the United States, Commonwealth of Massachusetts, and all ordinances, rules, and regulations of the Town of Yarmouth and shall indemnify and save the Condominium Trust or other Unit owner harmless from all fines and penalties, costs and prosecutions for the violation thereof or noncompliance therewith. 22