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HomeMy WebLinkAbout2004 Recorded Master Deed C- DOCUMENT NU S . 1( 130 Received for R O'CLOCK 140TED ON CERTIFIGATENG. PAGE N 8010 ,4 RF:Gic;TR.ATtO I COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ALLOWANCE OF MASTER DEED FILING PRIOR TO WITHDRAWAL OF LAND FROM REGISTRATION All the owners of the fee simple estate having presented a complaint to withdraw land from registration,the court hereby allows the filing of the attached Master Deed for the sole purpose of rnecting the requirements of G.L.c. 185, § 52, and makes no determination as to the compliance of this Master Deed with the provisions of G.L. c. 183A. This Master Deed and allowance shall be filed simultaneouslywith an endorsed notice of voluntary withdrawal of land described in Certificate of Title No. /'-'a 3 5 4 n Dated: , 20q ustice MASTER DEED OF RIVERBEND CROSSING CONDOMINIUM NORTH ANDOVER RESIDENTIAL PROPERTY, LLC, a Massachusetts limited liability company with a place of business at 259 Turnpike Road, Southborough, Massachusetts 01772 (the"Declarant")being the sole owner of certain property situated in North Andover, Essex County, Massachusetts, described in Exhibit A hereto (the "Premises"),by duly executing and filing this Master Deed, does hereby submit the Premises to the provisions of Chapter 183A of the General Laws of Massachusetts, as amended ("Chapter 183A") and proposes to create and does hereby create a condominium (the"Condominium"), to be governed by and subject to the provisions of Chapter 183A, as amended, and to that end, Declarant does hereby declare and provide as follows: 1. Name,_Deflnitions. The name of the Condominium shall be as follows: RIVERBEND CROSSING CONDOMINIUM. The Condominium consists of forty-three(43)Units situated in one(1) building having 3 access to Greene Street, all shown on the Condominium Plans (defined below),which shows the layout, location, unit numbers and dimensions of the Units as built. The Premises are submitted to the provisions of Chapter 183A and are subject to the right and easement hereby reserved by the Declarant to construct buildings, parking areas, and roadways and other amenities. The Declarant also reserves an easement to pass and repass over all the said land in said O Condominium,including the right to store equipment and supplies, so far as the same are .2 necessary and convenient for the construction and addition of improvements to the Condominium, f, The Declarant hereby expressly reserves to itself and its successor-in-title and its or their nominees, for a period ending seven(7) years next after the date on which this Master Deed is f recorded, or the completion of the Condominium,whichever is first, the easement, license,right and privilege to pass and repass by vehicle and on foot in, upon and over and to the Common �} Areas and Facilities of the Condominium (including but not limited to driveways and walkways) for all purposes, including but not limited to transportation of construction materials in order to complete construction work on the Condominium,provided that in the exercise of such rights reserved by the Declarant in this paragraph, the Declarant will not unreasonably affect the use and enjoyment of the Common Areas and Facilities, Nothing in this paragraph shall be deemed to create any rights in the general public, The Declarant reserves the exclusive right to grant casements over, under, through and across the Common Areas and Facilities of the Condominium land and buildings for the purpose of installing cable television lines and utilities serving the Units in the Condominium and such other equipment as may be necessary for the installation and operation of the same. "Condominium" shall mean the Condominium created by this Master Deed. tli:%PAULLA1912310WOM0672923.DOc Ivy:all Reeord and Return to: Glen M.Mair,Esquire Mirick,O'Connell,DeMallie&Lougee,LL? 1700 west Park Drive Westborough,MA 01581 "Condominium Trust" or"Trust"shall paean the Riverbend Crossing Condominium Trust, the organization of Unit Owners formed pursuant to Chapter 183A. "Declarant" shall mean North Andover Residential Property, LLC and its successors and assigns. "Registry of Deeds"shall mean Essex North District Registry of Deeds and Essex North District Registry of the Land Court, "Rules and Regulations"shall mean the Rules and Regulations promulgated pursuant to the Condominium Trust, as amended from time to time. "Trustees" or"Board of Trustees" shall mean the Board of Trustees of the Condominium Trust. "Unit"shall mean a Condominium Unit as that terra is defined in Section 1 of Chapter 183A. "Unit Owners"shall have the same meaning provided in Section 1 of Chapter 183A, 2. Description of Land. The Premises which constitute the Condominium comprise the land situated off Greene Street in the Town of North Andover, Essex County, Massachusetts, as shown on the site plan entitled "Riverbend Crossing Condominium Site Plan,"dated October 1, 2004 recorded herewith (the"Site Plan") and on the Building Floor plans dated August 30, 2004, consisting of 4 sheets, recorded herewith (the"Floor Plans") (the Site Plan and the Floor Plans are referred to collectively as the"Condominium Plans"). A description of the land on which the Condominium Units are located is more particularly described in Exhibit A attached hereto and made a part hereof,which land,Buildings and improvements are subject to and have the benefit of easements, restrictions and appurtenant rights of record. 3. Description of the Building. The Condominium consists of forty-three(43)Units located in one(1)building (the "Building") having access to Greene Street, all shown on the Condominium Plans above described. The Building has a concrete foundation, is constructed principally of structural steel, concrete siding, masonry brick, and a membrane roof. The Building contains four(4) stories plus a basement. (HCPA%LM912J10WMA0b72929.DOC(Ycr.3]] 2 4. Desi nation of the Units and their Boundaries. (a) The Unit designations, locations, approximate areas, numbers of rooms, immediately accessible Common Areas and other descriptive specifications of each of the Units are set forth in Exhibit B attached hereto, and are shown on the Floor Plans. The Floor Plans show the layout, locations, unit numbers and dimensions of said Units as built, and bear the verified statement as required by the applicable provisions of Chapter 183A. (b) The boundaries of each of the Units with respect to the floors, roof, walls, doors and windows thereof are as follows: (i) Floors: The plane of the upper surface of the floor joists. (ii) Ceiling: The plane of the upper surface of the floor joists. (iii) Walls,Doors and Windows: As to walls, the plane of the interior surface of the wall studs and/or concrete walls facing the Unit; as to the doors, the unpainted exterior surface thereof; and as to the windows, the exterior surface of the glass. (c) Each Unit excludes the foundation, structural columns, girders, beams, supporters, perimeter walls, the studs between Units lying inside of the inner surface of the wallboard facing such studs,roofs, ducts,pipes, flues,wires and other installations or facilities for the furnishing of utility services or waste removal which are situated within a Unit, but which serve the other Units. (d) Each Unit includes the ownership of all utility installations contained therein which exclusively serve the Unit, including without limitation the furnace, air conditioning, water heater, electrical service panel, the fireplace flue and dryer vents and all other utilities or fixtures exclusively servicing that Unit. (e) Each Unit shall have as appurtenant thereto the right and easement to use, in common with the other Units served thereby, all utility lines and other common facilities which serve it, but which are located in another Unit or Units, (0 Each Unit shall have as appurtenant thereto the right for residents of the Unit and their guests to use the Common Areas and Facilities, as described in paragraph S hereof, in common with the other Units in the Condominium, except for the Limited Common Areas and Facilities described in paragraph 6 hereof which are reserved as exclusive easements for the use of the Unit to which such Limited Common Areas and Facilities appertain. 5. Common Areas and Facilities. Except for the Units and Limited Common Areas and Facilities as described in paragraph 6 hereof, the entire Premises, including without limitation the land and all parts of the Building and all improvements thereon, shall constitute the Common Areas and Facilities of the Condominium(sometimes hereinafter referred to as General Common Areas and Facilities to (I1:IPAV.U5191231066D1410672923.DOC JVer.3)) 3 i 1 distinguish them from Limited Common Areas as defined in paragraph 6 hereon. These Common Areas and Facilities shall consist of and include, without limitation, the following: (a) The land described in Exhibit A, together with the benefit of and subject to all rights and easements set forth herein and all rights, easements, restrictions and agreements of record, insofar as the same may be in force and applicable, and subject to the right and easement of the Declarant to construct the Units and parking spaces constituting the Condominium as hereinbefore described and in conjunction therewith to grant mortgages on all or part of the rights and easements reserved to the Declarant in this Master Deed and on all or part of the buildings and Units and parking spaces constituting the Condominium, including the rights and easements hereunder reserved. (b) The foundation, structural columns, girders, beams, supports,perimeter walls, the studs between Units lying inside of the inner surface of the wallboard facing such studs, and roofs. (c) All conduits, ducts, pipes,wires, meters and other installations or facilities for the furnishing of utility services and waste removal including,without limitation, water, gas, electricity, television cable, and telephone, which are not located within any Unit or which although located within a Unit, serve other Units, whether alone or in common with such Unit. (d) Installations of central services, including all equipment attendant thereto, but excluding equipment contained within and exclusively serving a Unit. (e) In general, any and all apparatus, equipment and installations existing for common use. Chapter 183A.(f) Such additional Common Areas and Facilities as may be defined in Subject to the exclusive use provisions of paragraph 6 hereof, the restrictions set forth in paragraph 8 hereof and the reserved rights and easements set forth in paragraphs 9 and 10 hereof, each Unit Owner may use the Common Areas and Facilities in accordance with their intended purposes without being deemed thereby to be hindering or encroaching upon the lawful rights of the other Unit Owners. 6. Limited Common Areas and Facilities. The following portions of the Common Areas and Facilities are hereby designated Limited Common Areas and Facilities for the exclusive use of one or more Units as hereinafter described: (a) Patios and Balconies. (i) If a patio and/or balcony is attached to a Unit, the Unit shall carry with it the exclusive right and easement to use the same by the owners of said Units in a manner consistent with the provisions of this Master Deed, the Condominium Trust and the Rules and Regulations. JH:WA)UA19123%000015A0672923.DOC(Vcr.3)j 4 i (ii) The cost of maintenance and repair of any privacy screen shall be borne by the Unit Owner to whose appurtenant patio or balcony the privacy screen is attached. If any privacy screen is not maintained, repaired or replaced to the Trustees` satisfaction, the Trustees may, at their sole and absolute discretion, cause the maintenance, repair or replacement to be performed and assess the cost of same to the Owner(s) of the Units benefiting from such privacy screen. Said assessment shall be a common expense constituting a lien on the Units until paid. (b) Parking. (i) There is a parking area in the Condominium, hereinafter called the "Parking Area." The Parking Area contains 72 spaces, hereinafter called the"Parking Spaces," as shown on the Site Plan. Notwithstanding anything to the contrary in this Master Deed, Declarant hereby expressly reserves all rights in and to the Parking Spaces, including but not limited to, the exclusive right to use the Parking Spaces, and at any time and from time to time, to sell and convey easements for the exclusive use of the Parking Spaces and to lease the Parking Spaces. The Declarant may sell easements for the exclusive use of Parking Spaces to any Unit Owners, for such consideration as the Declarant shall decide, and such consideration shall be and remain the Declarant's sole property. The Declarant shall have the right to grant easements for the exclusive use of Parking Spaces either in unit deeds or by separate instruments. Any Unit Owner who purchases an easement for the exclusive use of a Parking Space shall have the right to freely convey such easement, but only to another Unit Owner in the Condominium. The Declarant and any Unit Owner who purchases an easement for the exclusive right to use a Parking Space shall have the right to freely rent or lease the Parking Space but only to a Unit Owner or occupant in the Condominium. (ii) All maintenance and repairs to the Parking Spaces, including but not limited to cleaning, snow and ice removal, restriping, repaving and repair shall be performed by the organization of Unit Owners. All risk of loss in connection with use of a Parking Space shall be borne solely by the owner of an easement for the exclusive use of the affected Parking Space, All Unit Owners and occupants in the Condominium have an easement to travel across and through the Parking Area. (c) The Limited Common Areas and Facilities shall, however, be subject to the restrictions set forth in paragraph 8 hereof and to the reserved rights and easements set forth in paragraph 9 and 10 hereof. 7. Percentage Ownership Interest in Common Areas and Facilities. The Owner of each Unit shall be entitled to an undivided interest in the Common Areas and Facilities of the Condominium in the percentages set forth in the attached Exhibit C, which have been calculated on the basis of the approximate relation that the fair value of the Unit on the date hereof bears to the aggregate fair value of all the Units. Ili WA%L51912M00001M0672923.D0C [Vcr.311 5 8. Purpose and Restriction of Use. The purposes for which the Building and the Units are intended to be used are as follows: (a) Each Unit shall be used only for residential dwelling purposes. One (1) occupant must either be fifty-five(55) years of age or older or disabled. Each Unit shall not have more than two (2)bedrooms. All unit owners shall comply with the rules issued by the Secretary of HUD for verification of occupancy which shall provide for verification by reliable surveys and affidavits, which shall be admissible in administrative and judicial proceedings for the purpose of such verification. Children under the age of 18 may not reside in a unit for more than six months (6) in any nine month (9) period. (b) The architectural integrity of the Building shall be preserved without modification and to that end, without limiting the generality of the foregoing, no balcony or patio enclosure other than as presently exists, skylight, chimney, enclosure, awning, screen, screen door, 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 the Building or attached to or exhibited through a window of the Building, and no painting or other decorating shall be done on any exterior part or surface of the Building,unless the same shall have been approved by the Trustees in accordance with the provisions of the Condominium Trust and shall conform to the conditions set forth in said Condominium Trust. (c) All use and maintenance of Units, the Common Areas and Facilities and Limited Common Areas shall be conducted in a manner consistent with the comfort and convenience of the occupants of the other Units. No Unit Owner may use or maintain his Unit, Common Areas and Facilities appurtenant thereto or Limited Common Areas in any manner or condition which will impair the value or interfere with the beneficial enjoyment of the other Units, the Common Areas and Facilities and Limited Common Areas. (d) No Unit or any part of the Common Areas and Facilities or Limited Common Areas shall be used or maintained in a manner contrary to or inconsistent with the provisions of this Master Deed, the Condominium Trust and the By-Laws set forth therein (the "By-Laws") and the Rules and Regulations. (e) The parking areas are intended to be used solely for the parking of private passenger vehicles. Only cars and light trucks without signage are permitted to park overnight in the parking areas. (f) Leasing Restrictions: all leases or rental agreements for Units shall be in writing, and of a minimum duration of six (6)months, Landlords are required to provide the Board of Trustees with a copy of the lease, and to otherwise abide by the Rules and Regulations regarding leases, as amended from time to time by the Board of Trustees. All leases for Units within the Condominium shall include the following language: This lease is made in all respects subject to the landlord's obligations under Chapter I83A and the Condominium Afaster Deed, Condominium Trust, Covenants, Conditions, Restrictions, By-Laws,Resolutions and Rules and Regulations adopted or to be adopted by the Condominium or its Board of Trustees. The parties hereto covenant and agree WPAILM1912340000AW0672923.WC[v«311 6 as follows: The tenant's right to use and occupy the premises shall be subject and subordinate in all respects Chapter 183A and to the provisions of the Condominium Master Deed, Condominium Trust, Covenants, Conditions,Restrictions, By-Laws,Resolutions, and Rules and Regulations. Failure to comply with these provisions may be deemed a material breach of this lease. Violation-by-tenants: Unit Owners are responsible for the violations of Chapter 183A, the Coot dominiurn plaster Deed, Declaration of Trust, Covenants, Conditions, Restrictions, By-Laws, Resolutions, and Rules and Regulations by their tenants. If such violation: by a tenant creates a nuisance, the Board of Trustees may give written notice to the Unit Owner demanding that it evict the tenant fram the Unit and the Board of Trustees may start such proceeding both on behalf of the Board of Trustees and as afforney for the Unit Owner if the landlord has not filed such a suit within thirty(30) days of the giving of such notice. 1f the Board of Trustees succeeds in such a suit, the Unit Owner shall be responsible for all costs incurred, including reasonable attorneys fees. Each Unit Owner hereby appoints the Board of Trustees as its attorney-in fact for such purpose, and such appointment shall be deemed to be irrevocable and coupled with an interest. The tenant acknowledges his obligations and agrees to abide by Chapter 183A, the Master Deed, Declaration of Trust, Covenants, Conditions,Restrictions, By-Laws, Resolutions, and Rules and Regulations of the Condominium. Violation assessments rttade to the landlord, due to noncompliance by the tenant, shall be reimbursed to the landlord by the tenant in fill, upon demand. The Condominium Documents are entrusted and presented herewith to the tenant and must he returned to the Landlord upon termination of this Agreement. A copy of this lease shall be filed by the Unit Owner with the Board of Trustees of the Condominium. Each lease nnust contain the following information: the names of all persons that will reside in the Unit;the year; make, color and plate number of each vehicle to be parked in the community, the name, address and telephone number of an individual who should be contacted in the case of an emergency. Any Unit Owner failing to file said lease as required by this Master Deed, shall be assessed a penalty set by the Board of Trustees for each violation, and shall be responsible for all court and legal costs involved in the collection of the above matter. (g) Nothing shall be done or kept in any Unit that will increase the rate of insurance of the Condominium. (h) No flammable, combustible or explosive fluid, material, chemical,or substance(except such lighting and cleaning fluids as are customary for residential use) may be stored in any Unit. (i) No pets other than common domestic animals, not exceeding sixty(60) pounds in weight and a maximum of two (2)pets, shall be kept in any Unit. Such animals include,but are not necessarily limited to, dogs, cats, birds,tropical fish, goldfish, and hamsters and/or gerbils (if property caged). Under no circumstances are reptiles or"exotic" animals to be kept in any Unit. Upon petition by any Unit Owner, the Board of Trustees shall have the right to approve or disapprove the keeping of any pet other than those species types listed herein. Only [1L1PA1L R19121\OWOI1AO672923.11OC[Vcr.31) 7 Unit Owners may petition the Board of Trustees for variance of this restriction. There shall be no breeding of any animals in or outside of any Unit. 0) Nothing shall be done in any Unit that will impair the structural integrity or fire rating of the Building or any Building component, nor shall anything be done in or on said Unit that would structurally change the Building, without the prior written permission on each occasion by the Board of Trustees, (k) No de-icing chemicals shall be used on the access roads or driveways except with the prior written permission of the North Andover Conservation Commission. (1) Each Unit shall be used only as permitted by the Town of North Andover Zoning Bylaw and subject to the documents and restrictions set forth in Exhibit A, attached hereto. Said restrictions shall be for the benefit of each of the Unit Owners and the Trustees, and shall be enforceable by each Unit Owner and also by the Trustees. Also, insofar as permitted by law, such restrictions shall be perpetual, and, to that end,they may be extended at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No Unit Owner shall be liable for any breach of the provisions of this paragraph, except as occur during his or her ownership of a Unit. 9. for Sales an Rights Reserved to the Declarantd Fixture Development. (a) Notwithstanding any provision of this Master Deed, the Condominium Trust or the By-Laws to the contrary, in the event that there are unsold Units, the Declarant shall have the same rights, as the Owner of such unsold Units, as any other Unit Owner. In addition to the foregoing„ the Declarant reserves the right to: (i) Lease and license the use of any unsold Units; (ii) Raise or lower the price of unsold Units; (iii) Use any Unit owned by the Declarant as a model for display for purposes of sale or leasing of Units; (iv) Use any Unit owned by the Declarant as an office for the Declarant's use; and (v) Make such modifications, additions, or deletions in and to the Master Deed or the Condominium Trust as may be approved or required by any lending institution making mortgage loans on Units, or by public authorities, provided that none of the foregoing shall diminish or increase the percentage of undivided interest of or increase the price of any Unit under agreement for sale or alter the size or layout of any such Unit. (b) Notwithstanding any provision of this Master Deed, the Condominium Trust or the By-laws to the contrary, the Declarant, its successors and assigns, and their authorized agents,representatives and employees shall have the right and easement to erect and {}I.SPALM)9123100U0lW632923.D0C(Vcr.311 p maintain on any portion of the Condominium, including in or upon the Building, or other structure and improvements forming part thereof, fences and sales trailer, and such sales signs and other advertising and promotional notices, displays and insignia as they shall deem necessary or desirable. (c) Notwithstanding any provision of this Master Deed, the Condominium Trust or the By-Laws to the contrary, the Declarant hereby reserves to itself and its agents, representatives, employees and contractors and Declarant's successors and assigns, the right and easement to enter upon all or any portion of the Common Areas and Facilities with workers, vehicles, machinery and equipment for purposes of constructing,sales and marketing(including sales trailer(s), construction trailer(s) and/or storage trailer(s), erecting, installing, operating, maintaining, repairing, modifying, rebuilding, replacing, relocating and removing Buildings and their appurtenances, creating, extinguishing, and/or relocating utilities and easements of every character, including without limitation, electric, telephone, sewer and gas line easements, drainage and slope easements, roads, drives, walks and all such other structures and improvements as the Declarant shall deem necessary or desirable to complete the development and construction of the Common Areas and Facilities of the Condominium. This right and easement shall include the right to store at, in or upon the Common Areas and Facilities vehicles, machinery, equipment and materials used or to be used in connection with said development work, sales and marketing for such periods of time as shall be conveniently required for said development and construction work. This easement shall not be construed to limit or restrict the scope of any easement granted for the purpose of facilitating development, construction and expansion of the Common Areas and Facilities of the Condominium under the provisions of any other paragraph of this Master Deed or any other instrument or document, or under applicable law or regulation. 10. Riehts Reserved to the'Frustees. Upon twenty-four hours advance notice (or such longer notice as the Trustees shall determine appropriate) to the Unit Owner involved, or immediately in case of emergency or a condition causing or threatening to cause serious inconvenience to another Unit, the Trustees shall have the right of access to each Unit, the Common Areas and Facilities thereto, and to the Limited Common Areas: (a) To inspect,maintain,repair or replace the Common Areas and Facilities and Limited Common Areas and to do other work reasonably necessary for the proper maintenance or operation of the Condominium. (b) To grant permits, licenses and easements over the Common Areas for utilities, ways and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium, including without limitation, the right to create extinguish, and/or relocate utilities and easements of every character, including without limitation, electric, telephone, subsurface disposal system and gas line easements, drainage and slope easements, roads, drives, walks and all such other structures and improvements as the Trustees shall deem necessary or desirable for the property operation and.maintenance of the Condominium. JHTANLILRI 2ADOWl"0672923,DOC [Wr.3r[ 9 11. The Unit Owners' Oreanization. The organization through which the Unit Owners will manage and regulate the Condominium established hereby is the RI'VERBEND CROSSING CONDOMINIUM TRUST (hereinabove and hereinafter referred to as the"Condominium Tnist")under a Condominium Trust of even date to be recorded herewith. Each Unit Owner shall have an interest in the Condominium Trust in proportion to the percentage of undivided ownership interest in the Common Areas and Facilities to which their Unit is entitled hereunder. As of the date hereof, the name of the original and present Trustee of the Condominium Trust is as follows: The mailing address of the Trust is: William A, Depietri and Douglas M. Freeman, Trustees 259 Turnpike Road Southborough, Massachusetts 01772 The Trustees have enacted the By-Laws pursuant to and in accordance with the provisions of Chapter 183A, The ANNUAL MEETING of the Trust shall be.at 7:30 p.m. on the second Tuesday of June of each year, or within sixty(60) days prior to or following said date, provided that owners of record are notified of the.meeting by U.S. Mail at least fifteen (15) days prior to the meeting date. The FISCAL YEAR of the Trust shall begin on January 1 of each year. 12. Easement of Encroachment, If any portion of the Common Areas and Facilities now encroaches upon any Unit,or if any Unit now encroaches upon any other Unit or upon any portion of the Common Areas and Facilities, or if any such encroachment shall occur hereafter as a result of(a) settling of the Buildings, or(b) alteration or repair to the Common Areas and Facilities made by or with the consent of the Trustees, or(c) as a result of repair or restoration of the Building or any 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 the Building involved stands, 13. Units Owner's R 2hts and Oblintions. (a) All present and future owners, lessees, tenants, licensees, visitors, invitees, servants and occupants of Units shall be.subject to, and shall comply with, the provisions of this Master Deed(including, without limitation,paragraph 8(d)hereof), the Condominium Trust, the By-laws, the Unit Deed and the Rules and Regulations, and the items affecting title to the laud as set forth in Exhibit A, The acceptance of a deed or conveyance of a Unit or the entering into occupancy of any Unit shall constitute an agreement that the provisions of this Master Deed (including without limitation,paragraph 8(d) hereof), the Condominium Trust, the By-Laws, the Unit Deed and said Rules and Regulations, as they may be amended from time to time, and the jH:SPA\LLA19123WM1"0672923.WC(Wr:3J} 10 said items affecting title to the land, are accepted and ratified by such owner, lessee, tenant, licensee,visitor, invitee, servant or occupant; and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provision were recited and stipulated at length in each and every deed or conveyance thereof or lease, tenancy, license or occupancy agreement or arrangement with respect thereto. (b) There shall be no restriction upon any Unit Owner's right of ingress and egress to and from his or her Unit,which right shall be perpetual and appurtenant to Unit ownership, (c) Each Unit shall be entitled to vote its appurtenant percentage interest as shown on Exhibit C of the Master Deed. (d) Each Unit Owner, including the Declarant, shall be required to pay a proportionate share of common expenses upon being assessed therefore by the Condominium Trust. Such share shall be based upon the fair market value of each Unit,taking into account restrictions of record, if any. Commencing with the transfer of the first Unit in a Building,the Declarant shall be liable for the full fees for the remaining Units in the Building until the time of their transfer. 14, Amendments. (a) While the Declarant owns at least twenty-five percent(25%) of the Units of the Condominium, this Master Deed may be amended by the Declarant with the written consent of a majority of the holders of the first mortgages on mortgaged Units (but only if such amendment would materially affect the rights of any mortgagee),provided that any such amendment shall not substantially reduce the enjoyment or substantially increase the burdens of any Unit Owner. Thereafter, this Master Deed may be amended by an instrument in writing(1) signed by the Owners of Units at the time holding at least fifty(50%)percent of the total voting power of the Unit Owners, as said voting power is defined in the Condominium Trust, or signed by a majority of the Trustees, in which case such instrument shall recite that it has been agreed to in writing by Owners of Units at the time holding at least fifty (50%) percent of said total voting power of the Unit Owners, or, in either event, such higher percentage as required by the Condominium Act and(2) duly recorded with the Registry of Deeds, provided, that: (i) The date on which an Owner of a Unit first signs any instrument of amendment shall be indicated as the date of the amendment, and no amendment shall be of any force or effect unless recorded within six (6) months after such date. (ii) No instrument of amendment,which alters the dimensions of any Unit, shall be of any force or effect unless signed by the Owner of said so altered. (iii) Except as provided herein, no instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the Common Areas (it TA%LLM91231000GIU0672923.D0C(Ver.3]) 11 i and Facilities shall be of any force and effect unless signed by the Owners of all the Units so affected. (iv) No instrument of amendment, which alters this Master Deed in any manner, which would render it contrary to or inconsistent with any requirement, or provision of Chapter 183A shall be of any force or effect. (v) No instrument of amendment which purports to affect the Declarant's reserved rights to construct, erect or install common use facilities as set forth in paragraph 15 hereof shall be of any force and effect unless it is assented to in writing by the Declarant, and this assent is recorded with such amendment at the Registry of Deeds. (vi) No instrument of amendment which would adversely affect the Declarant's right and ability to develop and/or market the Condominium, shall be of any force or effect unless it is assented to in writing by the Declarant, and this assent is recorded with such amendment at the Registry of Deeds. The requirements for the Declarant's assent contained in this subparagraph (f) shall terminate upon the completion of sales by the Declarant to third party purchasers of all the Units of the Condominium or the expiration of seven(7) years from the date of the recording of this Master Deed,whichever shall first occur. (vii) No instrument of amendment affecting any Unit in a manner which impairs the security of a mortgage of record thereon held by a regulated lender or of a purchase money mortgage shall be of any force or effect unless the same has been assented to by such mortgage holder. (viii) No instrument of amendment which would, in any manner, disqualify mortgages of Units in the Condominium for sale to the Federal National Mortgage Association(FNMA) or the Federal Home Loan Mortgage Corporation(FHLMC) shall be of any force or effect, and all provision of the Master Deed and Condominium Trust shall be construed so as to qualify any such mortgages for sale to FNMA and FHLMC, (ix) Where required under the Master Deed and/or Chapter 183A, the instrument of amendment shall be deemed assented to by the Unit Owners and/or the holders of the first mortgages of record with respect to the Units upon the giving of sixty(60) days written notice sent to said Unit Owners and/or Mortgagees by certified mail/return receipt requested. All consents obtained pursuant to this paragraph shall be effective upon the recording of an affidavit by the Trustees stating that all necessary notices have been sent via certified mail/return receipt requested and the receipt cards have been returned evidencing actual notice to such Unit Owner and/or mortgage holders of record. (b) Each instrument of amendment executed and recorded in accordance with the requirements of this paragraph 14 shall be conclusive evidence of the existence of all facts recited thereon and of compliance with all prerequisites to the validity of such amendment in favor of all persons who rely thereon without actual knowledge that such facts are not true or that such amendment is not valid. 15. Declarant's Reserved Rights to Construct Future Common Use Facilities in the Common Areas and Facilities, (HNPANI,LA19123MODI4A0572923.DDC[Ver:3]) 12 The Declarant, for itself and its successors and assigns, hereby expressly reserves the right and easement to construct, erect and install on the Land in such locations as it shall determine to be appropriate or desirable one or more common use facilities to serve the Condominium, together with all such utility conduits,pipes,wires,poles and other lines, equipment and installations as shall be associated therewith. Upon substantial completion of such common use facility, it shall become part of the Common Areas and Facilities of the Condominium, and the Declarant shall turn it over to the Condominium Trust for management, operation and maintenance and the Trustees shall accept responsibility for such management, operation and maintenance. Nothing contained in this paragraph 15, however, shall in any way obligate the Declarant to construct, erect or install such common use facility as part of the Condominium development. 16. Definition of"Declarant". For purposes of this Master Deed,the Condominium Trust and the By-Laws,or other instruments recorded herewith, "Declarant" shall mean and refer to NORTH ANDOVER RESIDENTIAL PROPERTY, LLC and to any successors and assigns who come to stand in the same relationship as developer of the Condominium. 17. Provisions for the Protection of Mortgap_ees. Notwithstanding anything in this Master Deed or in the Condominium Trust and Br. Laws to the contrary, and subject to any greater requirements imposed by Chapter 183A, the following provisions shall apply for the protection of holders of first mortgages (hereinafter "First Mortgagees")of record with respect to the Units and shall be enforceable by any First Mortgagee: (a) In 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 {FL1PAILA19123�omo11AG672923.1)OC [Ver.3]] 13 such First Mortgagee except as otherwise provided by Chapter 183A, as it may be amended from time to time, (d) Any and all common expenses, assessments and charges that maybe 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. (c) 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 except as otherwise provided by the provisions of Chapter 183A. However, any such delinquent assessment,which are extinguished pursuant to the foregoing provision may be relocated 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 assessment made thereafter. (f) Unless all 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 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; or (ii) Partition or subdivide any Unit; or (iii) 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 to connect adjoining Units shall require the prior approval of only the mortgagees of the Units to be connected, or (iv) Use hazard insurance proceeds for losses on any property of the Condominium(whether to Units or to 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) 7n 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 {H:tiPAXLUt141211000oI%Aa672923.WC[Var.3#} 14 i 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 Common Areas and Facilities of the Condominium; (i) An institutional first mortgage lender, upon request to the Trustees, will be entitled to: (a) written notification from the Trustees 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 provision of the Condominium Trust which is not cured within sixty(60) days; (b) inspect:the books and records of the Condominium Trust at all reasonable times; (c) receive an audited annual financial statement of the Condominium Trust within ninety(90) days following the end of any fiscal year of the Condominium Trust; (d) receive written notice of all meetings of the Condominium Trust, and be permitted to designate a representative to attend all such meetings; (e) receive prompt written notification from the Trustees of any damage by fire or other casualty to the Unit upon which the institutional lender holds a first mortgage or proposes taking by condemnation or eminent domain of said Unit or the Common Areas and Facilities of the Condominium; (f) receive written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust; and (g) 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 provision of this paragraph 17 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 paragraph 14 hereof. 18. Special Amendment. Notwithstanding anything herein contained to the contrary, the Declarant reserves the right and power to record a special amendment("Special Amendment") to this Master Deed or the Trust at any time and from time to time, which amends this Master Deed, or Trust: {II IPASLLRI9123100001VA0672923.000 [Ver.3[[ 15 (a) To comply with requirements of the Federal National Mortgage Association, or any other governmental agency or any other public, quasi-public or private entity which performs (or in the future may perform) functions similar to those currently performed by such entities; (b) To induce any of such agencies or entities to make, purchase, sell, insure, or guarantee first mortgages covering Unit ownership; (c) To bring this Master Deed or the Trust in compliance with Chapter 183A; or (d) To correct clerical or typographical errors in this Master Deed or the Trust or any Exhibit thereto, or any supplement or amendment thereto. In furtherance of the foregoing, a power coupled with an interest is hereby reservcd and granted to Declarant to vote in favor of, make or consent to any such Special Amendment on behalf of each Unit Owner. Each deed, mortgage, other evidence of obligation, or other instrument affecting a Unit and the acceptance thereof, shall be deemed to be a consent to the reservation of the power to the Declarant to vote in favor of, make, execute and record any such Special Amendment. The right of Declarant to act pursuant to rights reserved or granted under this Article shall be automatically assigned by the Declarant, without further confirmation or act or deed by the Declarant to the Trustees of the Trust upon the occurrence of the takeover event. 19. Severability. In the event that any provisions of this Master Deed shall be determined to be invalid or unenforceable in any respect, it shall be interpreted and construed so as to be enforceable to the extent and in such situations as may be permitted by applicable law, and in any event, the partial or total enforceability of such provisions shall not affect in any manner the validity, enforceability or effect of the remainder of this Master Deed; and in such event, all of the other provisions of this Master Deed shall continue in full force and effect as if such invalid provision has never been included herein. 20. 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 that may occur. {H'1PA\LW9123W000RA0672.923.D0C[Vcr3)) 16 Ii Executed as a sealed instrument on this day of anti , 2004, NORTCANDOVER RESIDENTIAL PROPER"Y, L By:; Name: William A. epielri Title: Manager y: l ame: uglas M. Free n Title: Manager {H:'PAll.U1191214pQppltAtld72923.I)OC[Ver;3J} 17 f COMMONWEALTH OF MASSACHUSETTS lit �C SS. On , 2004, before me, the undersigned notary public,personally appeared WilliXA. Depietri, Manager of North Andover Residential Property, LLC (the "Principal") and acknowledged to me that the Principal signed the preceding or attached document voluntarily for its stated purpose. The Principal proved to me through satisfactory evidence of identification that the Principal is the person whose name is signed on the preceding or attached document. The satisfactory evidence of identification provided to me was: ® A current document issued by a federal or state government agency bearing the photographic image of the Principal's face and signature; or ❑ On the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the Principal; or ❑ Identification of the Principal based on the notary public's personal knowledge of the identity of the Principal; or ❑ The following evidence of identification, i tic nted N Pr a ne: My Commission Expires: -• ��d C� JOANN E.PARADtS Notary Pubis Co#IUmWeanh of Maswusetts CSea1J NN CarsmissW Exp m Apr 44,2W6 [N:IPASLl.311912A000�1U10672423.DOC(Ver.3�} �o COMMONWEALTH OF MASSACHUSETTS ss. On `1 , 2004, before nee, the undersigned notary public, personally appeared Douglas M. Freeman, Manager of North Andover Residential Property, LLC (the "Principal") and acknowledged to me that the Principal signed the preceding or attached document voluntarily for its stated purpose. The Principal proved to me through satisfactory evidence of identification that the Principal is the person whose name is signed on the preceding or attached document. The satisfactory evidence of identification provided to me was: 0 A current document issued by a federal or state government agency bearing the photographic image of the Principal's face and signature; or ❑ On the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the Principal; or ❑ Identification of the Principal based on the notary public's personal knowledge of the identity of the Principal; or ❑ The following evidence of identification: 1 Notary Public Printed Name: My Commission Expires: JOANN E.PARADIS [Seal] ptam Pms CommonweaRh of►aesaachuso is i' ssian Expkee Apr 14,20D6 III TMLUi1912d10000RA06W923,DOC[Ver.311 19 EXHIBIT A PARCEL I: A certain tract of land, situated in North Andover, County of Essex, Massachusetts,being Lot 4180 and 181 on plan number 463, of"Waverly West Park,"North Andover, made by Horace Hale Smith, dated June 1906, and filed with the Essex North District Registry of Deeds (the "Registry"). PARCEL 2: A certain tract of land, situated in North Andover, County of Essex, Commonwealth of Massachusetts, being lot numbered one hundred eighty two (182) as shown on a plan entitled "Waverly West Park"recorded with the Registry, Plan No.463,bounded and described as follows: Northerly: one hundred (100) feet by lot numbered one hundred eighty three (183) on said plan; Westerly: fifty(50) feet by lot numbered one hundred seventy-nine (179) on said plan; Southerly: one hundred (100) feet by numbered lot one hundred eighty-one on said plan; and Easterly: fifty (50) feet by Kenwood Street. PARCEL 3: That certain parcel of land situate in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northerly and northeasterly by the southerly and southwesterly lines of Greene Street about three hundred seventy and 99/100 (370.99) feet; Southeasterly and easterly by the northwesterly and westerly lines of a way twenty(20) feet wide as shown on the plan hereinafter mentioned four hundred seventy eight and 95/100(478.95) feet; Southwesterly by land now or formerly of Ivar L. Sjostrom, Jr., about two hundred seventy six and 18/100 (276.18) feet; Westerly and northwesterly by the easterly and southeasterly bank of Shawsheen River as shown on said plan; Northerly by a line in said Shawsheen River; and Westerly by the easterly bank of said Shawsheen River. [HAMLLAI9323%0000RA0672923.DOC[Vtr.3]] 20 All of said boundaries, except the water lines, are determined by the court to be located as shown on Plan No.20608A, drawn by Ralph B. Brasseur, C.E., dated April 1947, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 3362, Book 23,Page 49. Parcels 1, 2 and 3 being the same premises conveyed to Declarant by deed recorded with the Registry in Book , Page and filed with the Essex North District Registry of the Land Court(the"Registry District") as Document No. The above described land is subject to the flow of a natural water course running through the same and as shown on said plan as Shawsheen River. There is appurtenant to the above described land the right to use said way twenty(20) feet wide as shown on said plan in common with others lawfully entitled thereto. The above premises are subject to: (a) The requirement that 38% of the Condominium remain open space, (subject to the easement for the public to use the trails). This open space can be utilized for terraces, walking trails and other active or passive recreational uses. This open space shall never be severed from the Condominium nor shall the Unit Owners vote to withdraw the open space land from the Condominium. (b) A variance recorded with the Registry in Book , Page (c) Title to and rights of others in and to Greene Street, Shawsheen Avenue, Kenwood Street and the twenty foot(20')wide way adjacent to the easterly boundary of Plan 20608-A registered with the Registry. (d) Flow of natural water course shown as Shawsheen River. (e) Taking by the Town of North Andover Public Works for a sewer in Greene Street and Shawsheen Avenue recorded with the Registry in Book 899, Page 442. (f) Notice of extension of variance dated March 22, 2002 recorded with the Registry in Book 7081,Page 18. (g) Easement recorded with the Registry in Book 8782, Page 88. (11;%PA%LtA$9123500001\A0673923.EM[Ver.31) 21 EXHIBIT B DESCRIPTION OF UNITS The unit designation of each Unit,post office address, approximate area, number and designation of rooms, and immediate common area to which it has access are as set forth in this Exhibit B. Key: BR=Bedroom;K=Kitchen; BF=Breakfast Room; DR=Dining Room; F=Foyer; LR=Living Room; ST=Study; SR-Spare Room;U=Utility/Laundry Room; B=Bathroom; and 1/2B=Half Bathroom. All units have access to the hallway on its respective floor. The post office address is 350 Greene Street, North Andover, Massachusetts 01845. Approx. Area of Unit Number and in Square Feet Designation of Unit Designation Rooms 101 1247 BR-2;K-1; DR- I;LR-1; B-2;F-1; 102 1365 BR-2;K-1; DR- I;LR-1; B-2;F-1; 103 1233 BR-2;K-1; DR- I;LR-1; B-2;F-1; 104 1250 BR-I;K-1; DR- I;LR-1; B-2;F-1; 105 1325 BR-2;K-1; DR- I;LR-1; B-2;F-1; 106 1339 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 107 1329 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 108 I294 BR-2;K-1; DR- I;LR-1; B-2;F-1; 109 1234 BR-2;K-1; DR- 1;LR-1; B-2;F-1; f1B? 5LW9121W0601W672923.D0C[Vcr:3j) 22 Approx, Area of Unit Number and in Square Feet Designation of Unit Designation Rooms 111 1293 BR-2;K-1; DR- 1;LR-1;B-2;F-1; 202 1335 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 203 1217 BR-2;K-1; DR- I;LR-1; B-2;F-1; 204 1243 BR-1;K-1; DR- 1;LR-1; B-2;F-1; 205 1219 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 206 1327 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 207 1299 BR-2;K-1; DR- I;LR-1; B-2;F-1; 208 1272 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 209 1300 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 210 1274 BR-2;K-1; DR1; LR- 1; B-2;F-1; 211 1220 BR-2;K-1; DR- 1;LR-1; 13-2;F-1; 213 1272 BR-2;K-1; DR- 1;LR-1;B-2;F-1; 302 1335 BR-2;K-1; DR-]; LR-1; B-2;F-I 303 1217 BR-2;K-1; DR-1; LR-1; B-2;F-I (II:tPA\LI.A19123%00001L10672921,DOC(Ver 3] 23 Approx. Area of Unit Number and in Square Feet Designation of Unit Designation Rooms 304 1243 BR-1;K-1; DR-1; LR-1; B-2;F-1 305 1219 13R-2;K-1; DR-1; LR-1; B-2;F-1 306 1327 BR-2;K-1; DR-1; LR-1; B-2;F-1 307 1299 BR-2;K-1; DR-1; LR-1; B-2;F-1 308 1272 BR-2;K-1; DR-1, LR-1; B-2;F-1 309 1300 BR-2;K-1; DR-1; LR-1; B-2;F-1 310 1274 BR-2;K-1; DR-1; LR-1; B-2;F-1 311 1220 BR-2;K-1; DR-1; LR-1; B-2;F-1 313 1272 BR-2;K-1; DR- 1;LR-1; B-2;F-1; 402 1358 BR-2;K-1; DR-1; LR-1; B-2;F-1 403 1254 BR-2;K-1; DR-1; LR-1;B-2;F-1 404 1252 BR-I;K-1; DR-1; LR-1; B-2;F-1 405 1245 BR-2;K-1;DR-1; LR-1; 13-2;F-1 406 1337 BR-2;K-1;DR-1; LR-1; B-2;F-1 407 1324 BR-2;K-1;DR-1; LR-l; B-2;F-1 {H:1PANLNS9[23V000011A0672923.PQC[Vtr J][ 24 Approx, Area of Unit Number and in Square Feet Designation of Unit Designation Rooms LR-1; B-2;F-1 408 1305 BR-2;K-1; DR-1; LR-1; B-2;F-1 409 1325 BR-2;K-1; DR-1; LRA; B-2;F-I 410 1259 BR-2;K-1; DR-1; LR-1; B-2;F-1 ..:411 1254 BR-2;K-1;DR-1; LR-1; B-2;F-1 413 1313 BR-2;K-1; DR-1; LR-1; B-2;F-1 {H:SPA,I.LR1 91 2310000 11A0572923.b6C[Ver 3p 25 EXHIM C Proportionate Interest of Each Unit In the Common Areas and Facilities is 2.3256%. IR1PA41M912M000 3 A0672923.DOC [Ycr.3j} 26