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Recorded: 05109/2005 01 :55 PM MASTER DEED
OF
ROCKY HILL COHOUSING CONDOMINIUM
ROCKY HILL COHOUSING, LLC, a Massachusetts Limited Liability Company, with
its usual place of business at 4 Warner Row, Leeds, Massachusetts, being the sole owner
of certain land situated in Northampton, Hampshire County, Massachusetts, described in
Paragraph 3 below, by duly executing and recording this Master Deed, does hereby
submit said land, together with the buildings and improvements now or hereafter erected
thereon, and all easements, rights and appurtenances belonging thereto, to the provisions
of Chapter 183A of the General Laws of Massachusetts, and does hereby state that it
purposes to create, and does hereby create, with respect to the Property, a condominium
to be governed by and subject to the provisions of Chapter 183A and to that end hereby
declares and provides as follows:
1. Name of Condominium and Trust Through Which Managed.
The name of the Condominium shall be ROCKY HILL CONDOMINIUM, A Trust
through which the Unit Owners will manage and regulate the Condominium has been
established under the name of ROCKY HILL CONDOMINIUM ASSOCIATION under
Declaration of Trust to be recorded herewith (hereinafter sometimes referred to as the
''Trust''). In accordance with Chapter 183A the Declaration of Trust enacts By-Laws and
establishes a membership organization of which all Unit Owners are cestuis que trustent
of said Trust in proportion to their respective Beneficial Interests (as such term is defined
below). The names and addresses of the original trustees thereof are as follows:
SHARON W. KOSHAR, PRESIDENT
4 Warner Row
Leeds, MA 01053
JULIA FEENEY, VICE PRESIDENT
45 Revell Street
Northampton, MA 01060
DAVID ENTIN, TREASURER
640 Newton Street
South Hadley 01075
RAYMOND T. DEMEO, SECRETARY
30 Howland Rd.
West Hartford, CT 06107
DONALD R. SAILER, TRUSTEE
3 Aloha Drive
Hadley, MA 01035
DOUGLAS W. RENICK, TRUSTEE
640 Newton Street
South Hadley 01075
ADELE FRANKS, TRUSTEE
388 Middle Street
Amherst, MA 01002
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The trustees of the Trust are hereinafter (collectively, if more than one) referred to
as the ''Trustees'', which term shall include their successors in trust.
The terms of said Declaration of Trust have been enacted as, and comprise, the
By-Laws ofthe Trust provided for in Chapter 183A.
2. Definitions.
As used in this Master Deed, the following terms shall have the following meanings
unless the contest hereof otherwise requires:
"Additional Buildings and Improvements" shall mean the Phase II , Phase III
and Phase IV Building and Improvements.
"Additional Units" shall mean the Phase II, Phase III and Phase IV Units.
"Beneficial Interests" shall mean the percentage interest of each Unit in the
Common Elements.
"Buildings" shall have the meaning set forth in Paragraph 4 hereof.
"Chapter 183A" shall refer to Chapter 183A of the General Laws of
Massachusetts as from time to time amended.
"Common Elements" shall mean the Common Areas and Facilities of the
Condominium as so described and designated in Paragraph 7 hereof.
"Condominium" shall mean ROCKY HILL CONDOMINIUM submitted to the
provisions of Chapter 183A by this Master Deed.
"Land" shall have the meaning set forth in Paragraph 3 hereof.
"Original Units" shall mean the residential dwelling units comprising the
condominium units of the Condominium as of the date of this Master Deed, as more
particularly described in Paragraph 6(a) hereof and in Exhibit B hereto.
"Person" or "persons" shall mean any person or persons, whether acting in
an individual, representative or fiduciary capacity, and any firm or firms, corporation or
corporations, partnership or partnerships, and any legal entity or entities whatsoever.
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"Phase I Building" shall mean the Buildings located on the land at the time of
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the recording of this Master Deed.
"Phase II Buildings" shall mean those Buildings located on the land at the
time of the recording of the Phase II Master Deed.
"Phase II Buildings and Improvements" shall mean those Buildings and
other improvements which are located on the land, which buildings and improvements are
to be incorporated into the Condominium upon the Sponsor's exercise of the Phasing
Rights and the recording of the Phase II Master Deed.
"Phase II Units" shall mean the residential dwelling units which are located
on the land, which units are to be incorporated into the Condominium upon the Sponsor's
exercise of the Phasing Rights and the recording of the Phase \I Master Deed.
"Phase III Buildings" shall mean those Buildings located on the land at the
time of recording of the Phase III Master Deed.
"Phase III Buildings and Improvements" shall mean those Buildings and
other improvements which are located on the land, which Buildings and Improvements are
to be incorporated into the Condominium upon the Sponsor's exercise of the Phasing
Rights and the recording of the Phase III Master Deed.
"Phase III Units" shall mean the residential dwelling Units which are located
on the land, which Units are to be incorporated into the Condominium upon the Sponsor's
exercise of the Phasing Rights and the recording of the Phase III Master Deed.
"Phase IV Buildings" shall mean those Buildings located on the land when
the Phase IV Master Deed is recorded .
"Phase IV Buildings and Improvements" shall mean those Buildings and
other improvements which are located on the land, which Buildings and Improvements are
to be incorporated into the Condominium upon the Sponsor's exercise of the Phasing
Rights and the recording of the Phase IV Master Deed.
"Phasing Date" shall mean the date seven (7) years after the date hereof.
"Phasing Rights" shall have the meaning set forth in Paragraph 8 hereof.
"Plans" shall mean the site plan and floor plans referred to in Paragraph 12
hereof.
"Property" shall mean the Land and Buildings and improvements which are
located on the Land.
"Registry of Deeds" shall mean the Hampshire County Registry of Deeds.
"Sponsor" or "Declarant" shall mean ROCKY HILL COHOUSING, LLC., a
Massachusetts Limited Liability Company with a usual place of business at 4 Wamer Row,
Leeds, Hampshire County, Massachusetts, and its successors and assigns, including
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without limitation successors in interest through mortgage foreclosure or deed in lieu
thereof.
"Termination of the Phasing Rights" shall mean the Termination of the Phasing
Rights pursuant to the provisions of Paragraph 8 hereof.
"Trust" shall have the meaning set forth in Paragraph 1 above.
"Trustee" shall have the meanings set forth in Paragraph 1 hereof.
"Unit Buildings" shall have the meaning set forth in Paragraph 4 hereof.
"Units" shall mean, at any time, the residential dwelling units then comprising
the condominium units of the Condominium.
"Unit Owner" shall mean the owner or owners of a Unit.
3. Description of Land.
A certain parcel of land (the "Land") situated in Northampton, Hampshire County,
Massachusetts, shown on a Plan entitled "Definitive Subdivision Plan Rocky Hill
Cohousing, Northampton, Massachusetts prepared for Tofino Associates, Inc. dated
March 14, 2003 and recorded in the Hampshire County Registry of Deeds in Book of
Plans 202, Pages 1-12 inclusive.
And more particularly described on Exhibit "An attached hereto and made a part hereof.
The land described on Exhibit "A" is submitted to the provisions of Chapter 183A
subject to (a) rights and easements reserved by Sponsor herein, including without
limitation, the Phasing Rights and the rights set forth in Subparagraph A of Paragraph 15
hereof, which shall, in all instances, be exercisable by Sponsor, its successors and
assigns; (b) all rights, easements, and other encumbrances set forth in instruments
referred to in Exhibit "An inclusive; and are submitted together with the benefit of rights and
easements, if any, set forth in instruments referred to in Exhibit "A"; and (c) rights granted
to Rocky Hill Condominium Association or Rocky Hill Cohousing, LLC to grant easements,
licenses and leases to use all or a portion of the common elements of the Condominium.
4. Description of Buildings.
There are a total of fifteen (15) buildings that are currently envisioned which are the
residential dwelling condominium units (the "Unit Buildings"), but the Sponsor reserves the
right to add or delete Units in its sole discretion. The maximum number of Units in any
event will be twenty-eight (28) Units. (The Unit Buildings are hereinafter referred to as the
"Buildings" and each may hereinafter be referred to as a "Building"). Until the recording of
further Phase Master Deeds, the Buildings shall include only the Phase Buildings
submitted herewith and shall not include any portion of the Additional Buildings and
Improvements. After the recording of the additional phases the Buildings shall also include
the Additional Phase Buildings. In addition, there is intended to be a common house for
benefit of all Unit Owners.
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In the initial phase submitted herewith there are four (4) Buildings and eight (8)
Units in Phase I, being Units 1,2,3,4,5,6,7, and 8.
All Unit Buildings contain a full basement. All buildings except for the common
house contain two stories. Units 2, 13, 16, 17,22, 23, 25 and 28 are intended to have
three stories and Unit 2 has three stories. All Unit Buildings are constructed of concrete
foundation, wood frame construction; all buildings are covered with cementitous fiber-
board hardi-plank and an asphalt shingle roof; and some architectural woodwork. Exterior
doors will be metal doors with glass, interior doors are solid core masonite.
All Units are served by City of Northampton Water and sewer system, each Unit
has a separate meter for water, gas and electricity which is located in the Building. The
buildings have gas hot-air heating. Each building and Unit have double hung low E
insulated glass windows with aluminum screens. Each building will contain fiberglass and
cellulose insulation. Decks are made of pressure treated wood and cedar. Each Unit is
wired and is set for telephone and cable T.V .. Each Unit shall have a washer and dryer
hookup.
5. Parking Spaces: Surface Spaces and Garages.
No Units have garages. The parking is on street parking and in parking lots shown
on the site plan recorded herewith, and all parking on street and on lots must comply with
the City of Northampton Parking Ordinances, and the Rules and Regulations of Rocky Hill
Condominium Association.
6. Designation of Units and Their Boundaries.
(a) The Units. The Units, and the designations, locations, approximate areas of
living space number and compositions of rooms, Common Elements immediately
accessible thereto, and the Beneficial Interests of each Unit are as set forth in Exhibit B
attached hereto and made a part hereof, and as shown on the Plans. Notwithstanding the
foregoing, the Beneficial Interests listed in Exhibit C are subject to adjustment in
accordance with the provisions of Subparagraph A of Paragraph 8 of the Master Deed.
Each Unit Owner may at any time and from time to time change the use and
designation of any room or space within such Unit Owner's Unit, subject always to
provisions of Paragraph 13 of the Master Deed.
Each Unit shall have appurtenant thereto the perpetual exclusive rights and
easements, exercisable subject to and in accordance with the provisions and requirements
of Paragraph 13 of the Master Deed and the provisions of the Trust and the rules and
regulations promulgated pursuant thereto: (a) to use the walkways serving such Unit; (b) to
use the porches, patios and decks serving such Unit. Such rights and easements shall not,
in any event, be severed from ownership of the Unit to which they are appurtenant.
Each Unit shall also have appurtenant thereto a perpetual right and easement
together with other Units to use the common on street parking spaces subject to and in
accordance with the provisions and requirements of Paragraph 13 of the Master Deed and
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the provisions of the Trust and the rules and regulations promulgated pursuant thereto.
Each Unit Owner shall be responsible for cleaning and removing snow from any
porch, deck or patio with respect to which such Unit Owner has the exclusive right to use.
Each Unit Owner shall be responsible for keeping in a neat condition the landscaping and
grounds within the boundaries of any landscaped patio in which such Unit Owner has the
exclusive right to use and for keeping the shrubbery and other flora thereon in a neat and
healthy condition.
(b) Boundaries of Units. The boundaries of each of the Units with respect to the
floors, ceilings, walls separating each Unit from other Units and from the Common
Elements, doors and windows thereof are as follows:
(i) Foundation: The interior surface of the concrete foundation walls and floors.
(ii) Finished Ceilings: The plane of the interior surface of the studs located in
the upper most finished floor ceiling.
(iii) Building Walls: The plane of the interior surface of the wall studs facing the
Unit.
(iv) Exterior Doors and Windows: As to doors leading outside, the exterior
surface of the doors and the exterior surface of the door frame; as to windows the exterior
surface of the glass and of the sash (or in the case of storm windows, the exterior surface
of the storm window glass, screen and frame), and the exterior surface of the window
frame.
(v) Chimney: The interior surface of the damper of the chimney and the interior
surface of the brickwork making up the fireplaces.
(vi) Interior Walls between Units: The plane of the interior surface of the wall
studs facing such Unit.
Provided however, that no structural components of the Unit Buildings, and no equipment,
pipes, wires, conduits, ducts, flues, shafts, or public utility lines situated within a Unit and
forming part of any system serving one or more other Units or the Common Elements,
shall be deemed to be a part of said Unit.
7. Common Elements
The Common Elements Consist of the Property, as defined above, exclusive of the
Units, including, without limitation, the follows:
(a) The land as described in this Master Deed and subject to rights,
easements and restrictions set forth in this Master Deed (including, without limitation, the
Phasing Rights and the Sponsor's rights set forth in Subparagraph A of Paragraph 15 of
said Master Deed) and in instruments referred to in Exhibit A of this Master Deed, and
together with the benefit of rights and easements, if any, set forth in instruments referred to
in Exhibit A of said Master Deed.
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(b) After the recording of the Phase II, III and IV of the Master Deed (if
the Master Deeds are recorded), the Common Elements shall also include such additional
buildings and improvements subject to rights, easements and restrictions set forth in the
Master Deed and any subsequent amendments (including, without limitation, the Phasing
Rights and the Sponsor's rights set forth in Subparagraph A of Paragraph 15 of said
Master Deed), and subject to rights, easements and restrictions of record, if any, existing
as of the time of the recording of such additional Phase Master Deeds, and together with
the benefit of rights and easements, if any, set forth in instruments of record existing as of
the time of the recording of such additional Phase Master Deeds.
(c) All equipment, conduits, pipes, chutes, ducts, shafts, plumbing,
wiring, flues and other facilities for the furnishing of utility services or waste removal which
are contained in portions of the Unit Buildings contributing to the structure or support
thereof, and all such facilities contained within any Unit which serve parts of the unit
Buildings other than the Unit within which such facilities are contained, together with an
easement of access thereto for maintenance repair, and replacement;
(d) Installations of utility services in; or under the Land, including all
equipment attendant thereto (but not including equipment contained within and servicing a
single Unit);
(e) All common equipment wherever located in, on, or around the
Buildings;
(f) The Surface Parking Spaces and patios or decks and porches;
(g) All other apparatus and installations existing in, on , or over the Land
for common use, or necessary or convenient to the existence, maintenance or safety of
the Buildings; and
(h) All other items listed as such in Chapter 183A and located on the
Land
(i) The yards, lawns, gardens, driveways, walkways, paths,
passageways and the improvements thereon and thereon including walls, screens,
fences, bulkheads, railings and steps and provided that each Unit Owner shall have an
easement for the exclusive use of any entry walkway and patios, porches or decks
providing access to that Unit or attached to a Unit.
(j) The Community Building or Common House and covered parking
area.
The Common Elements shall be subject to the provisions of the Master Deed and
of the Trust, and to rules and regulations promulgated pursuant to the Trust with respect to
the use thereof.
The Owners of each Unit shall be entitled to use the Common Areas and Facilities
in accordance with their intended use and shall own an undivided interest in the Common
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Areas and Facilities in the percentage set forth in Exhibit "B" hereto for such Unit. The
Common Areas and Facilities shall be used, owned , and regulated in accordance with and
subject to the provisions of this Master Deed, ROCKY HILL CONDOMINIUM
ASSOCIATION, and its By-Laws as now exists or as may from time to time be amended,
and subject also to the Rules and Regulations promulgated pursuant thereto. The
percentage of undivided interest in the Common Areas and Facilities shall not be
separated from the Unit to which it appertains, and shall be deemed to be conveyed or
encumbered with the Unit even though such interest is not expressly mentioned or
described in the conveyance mortgage or other instrument.
The Owners of certain Units shown on the site plan shall have the right to expand
their units in the areas cross hatched on the site plan at their sale cost and expense and
after obtaining all proper permits and written consents of the Trustees, and the
Design Review Committee of the Rocky Hill Condominium Association. Should such unit
owners choose to expand and be approved for expansion the area where said expansion
takes place shall no longer be common area but shall become part of the Unit to which
such expansion takes place.
The owners of certain Units shown on the site plan shall have the right to add decks
to their units in the areas which are lined on the site plan at their sole cost and expense
after obtaining all permits and written consents of the Trustees and the Design Review
Committee of the Rocky Hill Condominium Association. Such decks shall remain common
areas but such Unit Owner will have the exclusive right to use said deck in conjunction
with the use of their Unit.
8. Phasing Rights.
A. The Sponsor reserves and shall have the right, without the consent of any
Unit Owner or of any holder of a mortgage on a Unit, to amend this Master Deed to
incorporate into the Condominium the Phase II, III and IV Buildings and Improvements
and to submit said Phases and Units to the provisions of Chapter 183A by recording with
the Registry of Deeds a restated Master Deed in form and substance similar to this Master
Deed (which may incorporate by reference all or part of this Master Deed) with only such
changes as are necessary or desirable in Sponsor's reasonable judgment to: (i)
accomplish said incorporation and submission; (ii) satisfy the provisions hereof; and (iii)
make the additional Phase Master Deeds conform to the requirements of Chapter 183A,
including without limitation the inclusion of any plans required by section 8(f) of Chapter
183A (or any successor to such section).
The foregoing rights of the Sponsor provided in this subparagraph A of Paragraph 8
are hereinafter referred to as the "Phasing Rights" and shall belong to any Unit owned by
the Sponsor, as long as it is owned by the Sponsor.
B. From and after the recording of the Additional Phase Master Deeds, the
Beneficial Interests of each Unit shall not be less than as set forth in the Column headed
"Phase II" and "Phase III" and Phase IV in Exhibit B hereto. From and after the recording
of the additional Phases the Beneficial Interest of each Unit shall be changed by
calculating the Fair Market Value of each Unit divided by the total fair Market Value of the
Units at the date of the submission of each new Phase, and the percentage interest of
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each Unit shall be as set forth in said Amended Master Deed creating a new phase. By
accepting a Unit Deed to a Unit, each Unit Owner hereby appoints Sponsor as such Unit
Owner's attomey-in-fact to amend the Master Deed by adding additional phases and to
reduce the percentage interest of each Unit Owner to reflect the changes in percentage
interest brought about by adding additional phases to the Condominium.
C. The Phasing Rights shall terminate on the first to occur of: (i) the recording
of the "Phase Master Deed", (ii) the Phasing Date, and (iii) the date of recording with the
Registry of Deeds of a written instrument executed by Sponsor and by the holders of any
mortgages granted by Sponsor on all or any part of the Land, acknowledged with the
formality required by Massachusetts law for the recording of deeds, by which the Sponsor
expressly waives and releases the Phasing Rights.
D. If the Sponsor records the Phase II, III and IV Master Deeds on or prior to
the Phasing Date, then as of the date of such recording, all Additional Phase Units (and
the Beneficial Interests and other interests, if any, appurtenant thereto) shall be owned in
fee simple by the Sponsor.
E. In the event of the Termination of the Phasing Rights by reason other than
the recording of all of the Phase Master Deeds, the uncompleted Phase Buildings and
Improvements existing at the time of such termination shall not be incorporated into the
Condominium at the time of such termination.
F. Until terminated as provided above, the Phasing Rights may be freely sold,
granted, assigned, mortgaged or otherwise transferred by the Sponsor by deed, mortgage
or other written instrument which makes specific reference to this Master Deed and the
Phasing Rights.
G. All present and future Unit Owners, and all persons now or hereafter
claiming an interest in a Unit by, through or under a Unit Owner, including without
limitation, all holders of mortgages on Units, shall be subject to and bound by the
provisions of this Paragraph 8.
9.1 Other Reserved Rights.
A. The Sponsor and Trustees reserve and are hereby granted the right to grant
easements, licenses, exclusive easements and leases covering the Common Areas of the
Condominium, in their sole discretion without needing the consent of any Unit Owner or
Mortgagee during the construction phases of the Condominium. After completion of
construction only the Trustees have such authority to grant easements subject to the
provisions of the Declaration of Trust and By-Laws.
10. Pipes. Wires. Flues. Ducts Cables Conduits. Public Utilitv Lines and Other
Common Elements Located Inside of Units; Right of Access.
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 the Common Elements or within other Units. The Trustees,
manager, the managing agent, and any other person authorized by the Trustees or by the
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manager or the managing agent, shall have a right of access to each Unit, and to the
Common Elements the exclusive use of which are appurtenant to the Unit, at reasonable
times and upon reasonable notice, except in emergencies, for the purpose of making
inspections, or for the purpose of correcting any conditions originating in any Unit which
threaten another Unit or a Common Element, or for the purpose of performing installations,
alterations, repairs or replacements to the mechanical, plumbing, electrical or utility
services or other Common Elements including, without limitation, installations, alterations,
repairs or replacements, of and to, sewer lines, cable, electric and gas lines, water
systems, water pressure reducers and water main shut-offs for the purpose of performing
the work described in the Trust. In case of an emergency such right of entry shall be
immediate and shall not require notice.
11. Encroachments.
If any portion of the Common Elements or Additional Buildings and Improvements
now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or
upon any portion of the Common Elements or upon any portion of the Additional Buildings
and Improvements, or if any such encroachment shall occur hereafter as a result of the
construction, reconstruction, repair, shifting, settlement or movement of any portion of the
Property or as a result of condemnation or eminent domain proceedings, then a valid
easement shall exist for such encroachment and for the maintenance of the same so long
as such encroachment exists.
12. Plans.
Simultaneously with the recording hereof there has been recorded a site plan and
upon the recording of each unit deed, there will be recorded a set of the floor plans of
Phase I, showing the layout, location, Unit numbers and dimensions of the Original Units,
stating that the Buildings have no names, and bearing the verified statement of a
registered architect or engineer certifying that the plans fully and accurately depict the
layout, location, Unit numbers, dimensions and approximate area of the Original Units, as
built.
Simultaneously with the recording of the Additional Phase Master Deeds, there
shall be recorded a set of floor plans of such Additional Phase Buildings showing the
layout, location, Unit numbers and dimensions of the Additional Phase Units, stating that
the Buildings have no names, and bearing the verified statement of a registered architect
or engineer certifying that such plans fully and accurately depict the layout, location, Unit
numbers, dimensions and approximate area of the Additional Phase Units, as built.
13. Use of the Buildings and the Units: and Restrictions on Use of the Buildings
and Units.
The purpose for which the Buildings, and the Units and Common Elements are
intended to be used are as follows:
A. Each of the Units may be used only for residential purposes, subject, in all
events, to the further restrictions set forth below in this Paragraph 13, Provided however,
that such Units may be used by the Sponsor for other purposes pursuant to provisions of
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Subparagraph D of this Paragraph 13.
A Unit Owner may lease or rent such Unit Owner's Unit, provided, however, that all
leases and rental agreements shall be in writing and shall be specifically subject to the
requirements of this Master Deed, the Trust and all and rules and regulations adopted
thereunder, and provided further that no Unit may be leased or rented for a period of less
than thirty (30) days and an initial term of no less than six (6) months. Copies of all leases
and rental agreements shall be furnished to the Trustees. Anyone-year lease may be
renewed for a period of up to one additional year with the consent of the Trustees All
leases shall provide that a breach of the provisions of the Master Deed, By-Laws,
Declaration of Trust or Rules and Regulations of Rocky Hill Condominium Association
shall subject any tenant or Unit Owners to fines imposed by the Trustees of Rocky Hill
Condominium Association or to being evicted by said Trustees.
B. Each Surface Space or covered parking area is intended to be used for the
parking of currently registered and licensed private passenger cars, trucks and
motorcycles in operating condition, and not for other trucks, boats, trailers, all-terrain or
recreational vehicles or other vehicles or items in no event, except with the prior written
permission of the Trustees as set forth in Rules & Regulations; provided however, that
such Surface Spaces and covered parking area may be used by the Sponsor for other
purposes pursuant to provisions of Subparagraph D of this Paragraph 13. The Trustees in
their discretion may assign parking spaces to the exclusive use of a Unit Owner in
conjunction with the use of a Unit Owner's unit.
C. The Units and the Common Elements shall be subject to the restrictions
that, unless otherwise permitted by instrument in writing duly executed by the Trustees
pursuant to provisions of the Trust: (a) no business activities of any nature shall be
conducted in any such Unit, except as provided in Subparagraph D of this Paragraph 13;
(b) no portion of a Unit (other than the entire Unit) may be leased or rented. "Any Unit
Owner shall be allowed to create an accessory apartment, provided that any such
apartment conforms to all applicable regulations and ordinances of the City of
Northampton and these Bylaws, and provided that the Trustees shall have the power to
regulate the creation and tenancy of accessory apartments, subject to such rules and
regulations as the Trustees may impose. U
Except for Sponsor's exercise of its rights set forth in Subparagraph A of Paragraph
15 hereof, the architectural integrity of the Buildings and the Units shall be preserved
without modification, and to that end, without limiting the generality of the foregoing: no
balcony enclosure, patio enclosure (other than the enclosures erected by Sponsor)
awning, screen, antenna, sign, (except Sponsor's signs), banner or other device, and no
exterior change, addition, structure, projection, decoration or other feature, shall be
erected or placed upon or attached to any Unit or any part thereof; no addition to or
change or replacement of any exterior light, door knocker or other exterior hardware shall
be made; no painting, attaching of decalcomania or other decoration shall be done on any
exterior part or surface of any unit nor on the interior or exterior surface of any window or
glass door, (provided, however, notwithstanding the foregoing to the contrary, the exterior
surface of all Units shall be covered or painted by each Unit Owner in a color or material
and style that is selected and approved by the Trustees); except with respect to Units
owned by the Sponsor, and except in accordance with the procedures set forth in the By-
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Laws; no alteration or addition shall be made to the interior structural components of a
Unit; provided, however, the owner of a Unit may, if the structural walls, supports and other
structural aspects of the Unit Building containing such Unit are not adversely affected,
change the interior partitioning thereof, subject to the approval of the Trustees and the
approval of all holders of mortgages on such Unit and subject to such conditions as the
Trustees may impose with respect to such changes; (d) all maintenance and use by Unit
Owners of decks, patios, balconies and other facilities shall be done so as to preserve the
appearance and character of the same and of the Property without modification; (e) all use
and maintenance of the Units shall be conducted in a manner consistent with the comfort
and convenience of the occupants of other Units and in accordance with provisions of this
Master Deed, the Trust and rules and regulations with respect thereto from time to time
promulgated by the Trustees, the original of which is attached hereto and incorporated and
made a part of this Master Deed; (f) Except for Sponsor's and Trustees' exercise of its
rights set forth in this Master Deed, the Common Elements shall be used only for the
fumishing of the service and facilities for which they are reasonably suited and which are
incident to the use and occupancy of Units; (g) no nuisances shall be allowed on the
Property nor shall any use or practice be allowed which is a source of annoyance to its
residents or which interferes with the peaceful possession or proper use of the Property by
its residents; (h) no immoral, improper, offensive, or unlawful use shall be made of the
Land and Buildings, or any part thereof, and all valid laws, orders, rules, zoning
ordinances, regulations and requirements of all govemmental bodies having jurisdiction
thereof shall be observed. (i) Violations of laws, orders, rules, zoning ordinances,
regulations or requirements of any governmental agency having jurisdiction thereof,
relating to any Unit shall be eliminated by and at the sole expense of the owner of said
Unit and relating to the Common Elements shall be eliminated by the Trustees; (j) a Unit
Owner shall not store, place or cause to be stored or placed in or on any of the Common
Elements (including, without limitation, a deck or patio) any packages or obstructions or
objects of any kind, provided however, a Unit Owner may place lawn furniture approved in
accordance with Subsection (h) of Subparagraph C of Paragraph 13 and in accordance
with the By-Laws on a deck, patio or to which such Unit Owner has exclusive rights; (k) no
clotheslines or other objects deemed objectionable by the Trustees shall be placed in any
of the Common Elements (including. without limitation, a deck or patio); (I) there shall be
no parking on the Property except in the Surface Spaces shown as such on the Plans; and
parking in said Spaces shall be limited to those having rights to park in same; (m) no use
shall be made of the Property for recreational purposes except in areas designated by the
Trustees for such use and except also recreational use of balconies, decks and patios by
those persons having the right to use the same, but in no event shall any recreational use
of the Property be made which WOUld, in the opinion of the Trustees, create a nuisance,
unreasonably annoy other residents of the Condominium or interfere with the peaceful
possession of Units by residents; (n) the parking areas shall not be used for parking or
storage of boats, trailers, unregistered vehicles or any other vehicles other than private
passenger cars, motorcycles or trucks except as provided in Paragraph 15 hereof or the
provisions of this paragraph; (0) Unit Owners may place their names only in such places
outside the Unit as may be provided for by the Design Review Committee; (p) Unit Owners
shall not be permitted to install any additional heating or air-conditioning equipment from
any windows, patios or decks without approval of the Design Review Committee; (q) All
radios, phonographs, musical instruments and/or sound producing equipment shall be
kept at a sound level which will not unreasonably disturb or annoy the occupants of
neighboring Units except as set forth in the Rules & Regulations; (r) Except as set forth in
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the Rules & Regulations, Unit Owners shall not display for sale or for rent signs on their
Unit or Common Areas nor may Owners of Units place window displays or advertising to
be seen from the exterior of said Unit; (s) Up to two (2) common household cats or dogs of
gentle disposition may be kept in a Unit unless prohibited by the Trustees as hereinafter
described. The Owner of such pet shall be liable for all damage to persons or property
and to the Condominium Trust caused by such pets. All pets must be licensed by the
proper authorities and the Owner shall be responsible to make sure its pet is properly
inoculated. Unit Owners shall indemnify the Condominium Trust and hold it harmless
against any loss or liabilities of any kind or character whatsoever arising from or growing
out of having any pet in a Unit or other portions of the Common Areas. Upon written
complaint of any Unit Owner to the Trustees that a pet kept in any Unit or within the
Condominium is a nuisance, after compliance with the grievance procedure set forth in the
Rules & Regulations, the Trustees may prohibit the presence of said pet within the
Condominium. No such action of the Trustees shall be taken without a meeting, at least
three (3) days' written notice thereof to the Unit Owner responsible for such pet, and the
opportunity at the Trustee's meeting for the Unit Owner responsible for the pet to be heard;
(t) Unit Owners shall not allow pets to defecate on Common Areas and if so Unit Owners
responsible for such pet must remove such defecation; (u) Each Unit Owner shall maintain
his own trash container within his Unit and on the pick up day of the servicing entity the
Unit Owner shall be responsible for placing said container at the pick-up point designated
by the entity and removing said containers by the end of the day set for pick-up. Unit
Owners shall be responsible to pick up any trash on Common Grounds around their Unit
emanating from such Unit (v) all construction work on a Unit shall be restricted to the hours
of 8:00 a.m. to 5:00 p.m. on weekdays and Saturdays. No construction shall take place on
Sundays or Massachusetts' legal holidays; (w) Removal of construction debris from a Unit
shall be the responsibility of the Unit Owner. Unit Owners will be charged for the removal
of debris and any extra cleaning of the Common Areas and facilities which results from the
remodeling of an individual Unit; (x) No Unit Owner shall use his Unit in such fashion as to
result in the cancellation of insurance maintained by the Trustees or in any increase in the
cost of such insurance, except that uses resulting in increases in premiums may be carried
on by specific arrangement with the Trustees providing for the payment of such increased
costs by the Unit Owner concerned .
Rocky Hill Condominium Association chooses to be a firearms free community.
Firearms, BB guns and ammunition are not allowed anywhere on Rocky Hill property
including Units. Rocky Hill reserves the right to restrict any other weapon that we
determine to be dangerous.
Said restrictions shall be for the benefit of the Unit Owners and the Trustees as the
persons in charge of the Common Areas and Facilities, may be waived in specific cases
by the Trustees, and shall, insofar as permitted by law, be perpetual; and to that end may
be extended by said Trustees at such time or times and in such manner as permitted or
required by law for the continued enforceability thereof. The failure of any Unit Owner to
comply with said restrictions will give rise to a cause of action in the Trustees and any
aggrieved Unit Owner for the recovery of damages, or for injunctive relief, or both. No Unit
Owner shall be liable for any breach of the provisions of this Paragraph 13 except such as
occur during his or her ownership thereof.
D. Notwithstanding anything to the contrary contained herein, the Sponsor may,
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until all of the Units (including Additional Units and Units to be created pursuant to the
provisions of Subparagraph A of Paragraph 15 herein) have been sold by the Sponsor, (i)
use any Units owned by the Sponsor, where applicable, as models for display, as offices
and/or as storage areas or for any other uses which it deems necessary or desirable in
connection with the sale or leasing of Units (including Additional Buildings and units to be
created pursuant to the provisions of Paragraph 8 herein) Storage Areas and (ii) use any
Surface Spaces for parking of automobiles and trucks, for display, for storage, or for any
uses which it deems necessary or desirable in connection with the sale or leasing of Units
(including Additional Units and Units to be created pursuant to the provisions of Paragraph
8 herein) and (iii) use portions of the Common Elements as offices for sales or leasing of
Units (including Additional Units and Units to be created pursuant to the provisions of
Paragraph 8 herein). Sponsor reserves the right to use the roadways and walkways of the
Condominium and the right to tie into existing utility lines or install new utility lines within
the Condominium or to grant easements, licenses, or leases to third parties for use of
certain common areas and for installations of utilities, access ways, drainage purposes or
other uses.
E. A majority of the Trustees after consensus of the Unit Owners then in office
may, by an instrument in writing and in accordance with the provisions of the Trust, adopt
such rules and regulations from time to time as they may determine to be necessary or
appropriate to ensure that the Common Elements and Units are used for the purposes set
forth above in this Paragraph 13 and to protect the architectural integrity of the Buildings.
F. Notwithstanding any provisions to the contrary contained in this Master
Deed, the Sponsor hereby reserves the right and easement to pass and repass over and
build upon and improve any portion of the Common Elements in order to complete any
construction and/or improvement of the Condominium facilities which the Sponsor deems
necessary or appropriate in connection with the marketing of the Units or the operation of
the condominium, including without limitation, in order to exercise the Phasing Rights and
the rights set forth in Paragraph 8 herein.
G. Notwithstanding any provisions to the contrary contained in this Master
Deed, the Trustees reserve the right to grant Unit Owners easements to pass and repass
over and build upon and improve any portion of the common elements in order to allow
Unit Owners to expand his or her Unit to add a deck in the lined areas shown on the Site
Plan, and to add an addition in the cross hatched areas shown on the Site Plan. Before a
Unit Owner may add a deck in the lined area shown on the Site Plan or to expand the Unit
in the cross hatched area shown on the Site Plan, the Unit Owner must submit detailed
architectural plans and specifications along with a contract with a licensed home
improvement contractor or construction supervisor to construct such addition or deck, and
along with proper liability insurance and workmen's compensation or other such
insurances as may be required by the Board of Trustees of Rocky Hill Cohousing
Association who shall review such filings with the Design Review Committee. The Board
shall have 14 days to approve such submittals or reject such submittals. Such submittals
shall be deemed approved if a written rejection is not received within 14 days of submittal
of the final plans, specifications, contracts and insurances.
14. Amendments of Master Deed.
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The Sponsor may amend this Master Deed by recording the Additional Phase
Master Deeds pursuant to the provisions of Paragraph 8 herein and the Sponsor may
amend this Master Deed pursuant to the provisions of Paragraph 15 herein. Except with
respect to the Additional Phase Master Deeds, and except as provided in Paragraph 15
herein, this Master Deed only may be amended by an instrument in writing signed by all
Unit Owners by consensus. If consensus is not reached after three attempts, then
amendments can be adopted by an instrument in writing (a) signed by seventy-five (75%)
percent of the Unit Owners; (b) signed and acknowledged by a majority of the Trustees of
the Trust; and (c) duly recorded with the Hampshire County Registry of Deeds.
PROVIDED, however, that (except with respect to the additional Phase Master
Deeds and except for amendments pursuant to Paragraph 15 herein below):
(i) The date on which any such instrument is first signed by a Unit Owner shall
be indicated thereon as the date thereof and no such instrument shall be of any force and
effect unless and until the same has been so 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 the same has been signed by the Owner of the Unit so
altered and the same has been assented to in writing by all holders of mortgages of record
on such Unit;
(iii) No instrument of amendment which alters the Beneficial Interests shall be of
any force or effect unless the same has been signed by the owners of all the Units whose
beneficial interest is so altered and said instrument is recorded as an Amended Master
Deed and the same has been assented in writing by all holders of all mortgages of record
on the Units whose beneficial interest is so altered;
(iv) No instrument of amendment affecting any Unit upon which there is a first
and second mortgage of record shall be of any force of effect unless the same has been
assented to in writing by the holders of such mortgages;
(v) No instrument of amendment which alters this Master Deed in any manner
which would render it contrary to or inconsistent with any requirements or provisions of
Chapter 183A shall be of any force or effect;
(vi) No instrument of amendment which alters or violates any of the rights
reserved to the Sponsor herein or in the Trust shall be of any force or effect unless the
same has been assented to in writing by the Sponsor or its successors or assigns;
(vii) No Instrument of amendment which alters this Master Deed in any way
which would materially adversely affect holders of mortgages on Units shall be effective
without the approval of 51 % of all holders of mortgages of record on Units;
(viii) No instrument of amendment which limits the purposes for which any Unit
may be used shall be of any force or effect unless the same has been signed by the Unit
Owner of such Unit and by the holders of all mortgages of recorded on such Unit; and
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(ix) No instrument of amendment, except amendments adopted only for the
purpose of correcting technical errors or for clarification, shall be of any force or effect
unless approved by the holders of mortgages of record Units which have fifty-one
percent(51 %) or more of the Beneficial Interests of all Units subject to mortgages of
record. A holder of a mortgage who receives a written request to approve amendments
who does not deliver or pose to the requesting party a negative response within thirty (30)
days shall be deemed to have approved such request.
15. Special Amendments of Master Deed.
Notwithstanding any language to the contrary contained in this paragraph or
elsewhere in this Master Deed, the Sponsor reserves and shall have the right, pursuant to
and in accordance with Chapter 183A, to Amend this Master Deed so as to include any
language necessary to include the Buildings, the Units, and the Common Areas or
facilities or Additional Phases of the Condominium, which are created and constructed
pursuant to Sponsor's reserved rights as set forth in Paragraph 8 above, as part of the
Condominium, and upon recording of such amendment with said Hampshire County
Registry of Deeds, the Building, the Units and the Common Areas and Facilities of
Additional Phases of the Condominium shall become part of the Condominium. Each
Owner and each Mortgagee of a Unit in the Condominium, by the recording of a Unit Deed
to his or her Unit or a mortgage thereupon, shall thereby have consented to such
amendments to the Master Deed without the requirement or necessity of securing any
written consents or execution of any further documents by such Unit Owner or Mortgagee.
Notwithstanding anything to the contrary herein Sponsor reserves the right to (a)
alter the design of the interior of Units owned by the Sponsor without obtaining the consent
of the Trustees or Unit Owners; (b) Use any parking space for parking of automobiles and
trucks, for storage, or for any use which it deems necessary or desirable in connection with
the redecoration and construction of the Units or Common Areas and Facilities and the
sale or leasing of Units; and (c) install signs or fixtures in the Common Areas and Facilities
incident to prospective purchasers and sales staff personnel or other parties on such days
and during such hours as may be determined by Sponsor in its sole discretion to allow
inspection and showing of the unsold Units and buildings.
The signs, fixtures and other items installed in or upon the Common Areas and
Facilities by Sponsor to facilitate the sale of Units shall not be considered Common Areas
and Facilities and shall remain the property of the Sponsor, and shall be removed by the
Sponsor at its sole cost and expense.
Notwithstanding anything contained herein to the contrary, in addition to all other
reservations of the Sponsor contained in this Master Deed, the Sponsor hereby reserves
and shall have the right, without the consent of any Unit Owner or of the holder of a
mortgage on any Unit, to grant easements across, under, over and through the Land or
any portion thereof, including the Common Areas which Sponsor deems necessary or
convenient in connection with the development of the Land and/or additional parcels of
land contiguous with the Land and any buildings or improvements thereon. Such reserved
rights to grant easements shall include, but not be limited to the rights of Sponsor to
increase the capacity, strength, number of pipes or otherwise affect the septic system and
other utility systems. The rights of Sponsor reserved in this Paragraph 15 shall terminate
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and be of no force and effect on the first to occur of the following: (1) seven (7) years from
the date; or (2) at such time as the Sponsor has recorded a written instrument at the
Hampden County Registry of Deeds, executed by the Sponsor, by which the Sponsor
expressly waives and releases the rights and easements reserved in Paragraph 15 of the
Master Deed.
B. Notwithstanding anything herein contained to the contrary, the Sponsor
reserves the right and privilege to record a special amendment to this Master Deed at any
time and from time to time which amends this Master Deed (i) to bring it into compliance
with requirements or guidelines of any governmental insurer or guarantor or mortgagees,
FHLMC, FNMA, or any other govemmental agency or any other public, quasi-public or
private entity which performs (or may in the future perform) functions similar to those
currently performed by such agencies or entities, (ii) to induce any of such agencies or
entities to make, purchase, sell, insure, or guarantee first mortgages and first mortgage
loans on Units, (iii) to bring this Master Deed into compliance with Chapter 183A, or, (iv) to
correct clerical or typographical errors in this Master Deed or any exhibit hereto or any
supplement or amendment thereto. In furtherance of the foregoing, an irrevocable power
coupled with an interest is hereby reserved and granted to the Sponsor as the true and
lawful attorney-in-fact of each Unit Owner to vote in favor of, make, or consent to any such
special amendment or special amendments 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 grant, acknowledgement of, and a consent to
the reservation of, the power of the Sponsor to vote in favor of, make, execute and record
special amendments. The right of the Sponsor to act pursuant to rights reserved or
granted under this Paragraph shall terminate at such time as the Sponsor no longer holds
or controls directly or indirectly title to any Unit and a total of 28 Units have been made a
part of the Condominium.
16. Units Subject to Master Deed. Unit Deed, Declaration of Trust. Rules and
Regulations
All present and future owners, tenants, visitors, employees and occupants of Units
shall be subject to, and shall comply with, the provisions of this Master Deed, the Trust,
and any rules and regulations promulgated pursuant to the Trust, as they may be
amended from time to time. The acceptance of a deed or conveyance or the entering into
occupancy of any Unit shall constitute an agreement that the provisions of this Master
Deed, the Trust. and such rules and regulations, as they may be amended from time to
time, are accepted and ratified by such owner, tenant, visitor, 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 provisions were recited and stipulated at length in each and every deed or
conveyance or lease thereof.
17. Invaliditv.
The invalidity of any provision of this Master Deed shall not be deemed to impair or
affect in any manner the validity, enforceability or effect of the remainder of this Master
Deed and, in such event, all of the other provisions of this Master Deed shall continue in
. full force and effect as if such invalid provisions had never been included herein.
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18. 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.
19. 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.
20. FHLMC and FNMA Compliance.
Notwithstanding anything to the contrary in this Master Deed or the Declaration of
Trust of the Condominium Trust, the following provisions shall apply and take precedence.
Section 20.1 -Definitions:
(a) The term "FHLMC" means the Federal Home Loan Mortgage Corporation.
(b) The term "FNMA" mean the Federal National Mortgage Association.
(c) The term "Eligible Mortgage Holder" means a holder of a first mortgage on a
Unit.
(d) The term "Eligible Insurer or Guarantor" means an insurer or governmental
guarantor of a first mortgage who has requested notice of certain matter from the Trust.
(e) The term "Constituent Documents" means, collectively, the Master Deed,
the Declaration of Trust and the By-Laws and Rules and Regulations promulgated
pursuant thereto and the Master Plans.
Section 20.2 -Provisions for Eligible Mortgage Holders.
permitted by applicable law, eligible mortgage holders shall
rights:
To the extent
be afforded the following
(a) Any restoration or repair of the Condominium, after a partial condemnation
or damage due to an insurable hazard, shall be performed substantially in accordance with
the Master Deed, and the original plans and specifications, unless other action is approved
by eligible mortgage holders holding mortgages or Units which have at least fifty-one 51 %)
percent of the votes of Units subject to eligible holder mortgages.
(b) Any election to terminate the legal status of the Condominium after
substantial destruction or a substantial taking in condemnation of the Condominium must
be approved by eligible holders holding mortgages on Units which have at least
fifty-one(51 )percent of the votes of Units subject to eligible holder mortgages.
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(c) Unless the formula for reallocation of interests in the Common Areas after a
partial condemnation or partial destruction of the Condominium is fixed in advance by the
constituent documents or by applicable law, no reallocation of interests in the Common
Areas resulting from a partial condemnation or partial destruction of the Condominium may
be effected without the prior approval of eligible holders holding mortgages on all
remaining Units whether existing in whole or in part, and which have at least
fifty-one(51 )percent of the votes of such remaining Units subject to eligible holder
mortgages.
Section 20.3 -Amendment to Documents. The following provIsions do not
apply to amendments to the constituent documents or termination of the Condominium
regime made as a result of destruction, damage or condemnation pursuant to Section 20.2
above.
(a) The consent of Owners of Units to which at least 100 percent of the votes in
the Condominium Trust are allocated and the approval of eligible holders holding
mortgages on Units which have at least 67 percent of the votes of Units subject to eligible
holder mortgages, shall be required to terminate the legal status of the project as a
Condominium.
(b) The consent of the Owners of Units to which at least 100 percent of the
votes in the Condominium Trust are allocated and the approval of eligible holders holding
mortgages on Units which have at least 51 percent of the votes of Units subject to eligible
holder mortgages, shall be required to add or amend any material provisions of the
constituent documents of the Condominium which establish, provide for, govem or
regulate any of the following:
1. Voting ;
2. Assessments, assessment liens or subordination of such liens;
3. Reserves for maintenance, repair and replacement of the Common
Areas (or Units if applicable);
4. Insurance or Fidelity Bonds;
5. Rights to use of the Common Areas or limited Common Areas;
6. Responsibility for maintenance and repair of the several Portions of
the Condominium
7. Expansion or contraction of the Condominium or the addition,
annexation or withdrawal of property to or from the Condominium:
8. Boundaries of any Unit;
9. The interests in the general or limited Common Areas;
10. Convertibility of Units into Common Areas or of Common Areas into
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Units;
11 . Leasing of Units;
12. Imposition of any restrictions on a Unit Owner's right to sell, transfer,
or otherwise convey his or her Unit;
13. Any provisions which are for the express benefit of Mortgage Holders,
Eligible Mortgage Holders or Eligible Insurers or Guarantors of first mortgages on Units;
14. Any decision by the Trust to establish self-management when
professional management had been required previously by an eligible mortgage holder.
An addition or amendment to such documents shall not be considered material if it
is for the purpose of correcting technical errors, or for clarification only. An Eligible
Mortgage Holder who receives a written request to approve such additions or
amendments who does not deliver or post to the requesting party a negative response
within thirty (30) days shall be deemed to have approved such request, but this sentence
shall not apply to FHLMC.
The provisions of Section 20 .3 (B) shall not apply to the extent necessary to allow
Sponsor to add the Buildings and Units of Additional Phases to the Condominium in
accordance with Section 9 of this Master Deed or to allow certain Unit Owners to expand
their units or add decks in deSignated areas as shown on the Site Plan.
Section 20.4 -Right of First Refusal. In the event that a Right of First Refusal
is created pursuant to the provisions of Section 20.3 hereof, such Right of First Refusal
shall not impair the rights of a first mortgagee of any Unit to:
(a) Foreclosure or take title to a Condominium Unit pursuant to the remedies
provided in the mortgage, or
(b) Accept a deed (or assignment) in lieu of foreclosure in the event of default
by a mortgagor, or
(c) Sell or lease a Unit acquired by the Mortgagee.
Any person taking title to a Unit through a foreclosure sale duly conducted by a first
mortgagee shall be exempt from any right of first refusal adopted by the Unit Owners and
incorporated in this Master Deed or the Condominium Trust.
Section 20.5 -Additional Prohibitions. Except as otherwise provided herein or in
the Trust or By-Laws of Rocky Hill Cohousing Condominium and as provided by statute in
case of condemnation or substantial loss to the Units and/or Common Areas and Facilities
of the Condominium unless at least two-thirds (2/3) of the first mortgagees (based upon
one vote for each first mortgage owned), or 100 percent of Owners (other than the
Sponsors, developer, or builder) of the individual Condominium Units have given their prior
written approval, the Condominium Trust shall not be entitled to:
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(a) By act or omission, seek to abandon or terminate the Condominium project;
(b) Change the pro rate interest or obligations of any individual Condominium
Unit for the purpose of (i) levying assessments or charges or allocating distributions or
hazard insurance proceeds or condemnation awards, or (ii) determining the pro rate share
of ownership of such Condominium Unit in the Common Areas:
(c) Partition or subdivide any Condominium Unit;
(d) By act or omission, seek to abandon, partition, subdivide, encumber, sell or
transfer the common elements. (The granting of easements for public utilities or for other
public purposes consistent with the intended use of the common elements by the
Condominium project shall not be deemed a transfer within the meaning of this clause);
(e) Use hazard insurance proceeds for losses to any Condominium property
(whether to Units or to Common Elements) for other than the repair, replacement or
reconstruction of such Condominium property. No provisions of the constituent documents
shall give any Unit Owner or Owners or any other party or parties priority over any rights of
first mortgagees of Condominium Units pursuant to their mortgages in the case of a
distribution to Condominium Unit Owners of insurance proceeds or condemnation awards
for losses to or taking of Condominium Units and/or Common Areas and Facilities.
The provisions of 20.5 shall not apply to the extent necessary to allow Declarant to
add the Buildings and Units of the Additional Phases to the Condominium in accordance
with Section 9 of this Master Deed.
Section 20.6 -FHLMC: FNMA. The provisions of this Section 20 are set forth so
that the Condominium will comply with the requirements of FHLMC and FNMA, and the
provisions of this Section 20 shall be construed and interpreted in accordance with that
intention. Notwithstanding anything to the contrary in the constituent documents, the
provisions of this Section shall at all times take precedence over all other provisions in the
constituent documents. In the event, at any time and from time to time, that applicable
rules and regulations of FHLMC or FNMA are changed or modified, then and in any such
event or events, the prohibition contained in the immediately foregoing sentence shall be
deemed to be changed and modified so as to permit the amendment and modification of
the constituent documents so that the constituent documents shall comply with such
changed or modified rules and regulations of FHLMC or FNMA, or both.
21. Determination of Percentage Interest in Common Areas and Facilities:
The percentage of interest of the respective Units in the Common Areas and
Facilities as set forth in Exhibit ·C" hereto have been determined upon the basis of the
approximate relation which the fair market value of each Unit on the date hereof bears to
the aggregate fair market value of all the Units on this date.
Each Unit in the Condominium shall be entitled to the percentage of interest
specified therefor in Exhibit "CO so long as the only Units in the Condominium are those set
forth on Exhibit "C". From and after the inclusion in the condominium of other buildings
containing residential Units, pursuant to and in accordance with the Sponsor's reserved
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rights as set forth herein and the percentage interest of each Unit shall at all times be in
accordance with the provisions of Chapter 183A and shall be distributed in the manner set
forth in an Amended Exhibit "B" to be recorded at such time.
22. Chapter 183A.
The Units and the Common Elements, and the Unit Owners and the Trustees, shall
have the benefit of and be subject to the provisions of Chapter 183A, and in all respects
not specified in this Master Deed or in the Trust, shall be governed by provisions of
Chapter 183A in their relation to each other and to the Condominium established hereby,
including, without limitation, provisions thereof with respect to common expenses, funds
and profits, with respect to improvement and rebuilding of the Property or any portion
thereof from the provisions of Chapter 183A. In case any provision of this Master Deed
conflicts with the provisions of Chapter 183A, the provisions of said statute shall control.
23. Duration.
The Condominium hereby created shall terminate only upon the removal of the
same from the provisions of Chapter 183A in accordance with the procedure therefor set
forth in Section 19 of said Chapter, or any successor to such section. The Unit Owners
may remove all or a portion of the Condominium from the operation of Chapter 183A as
amended from time to time at any annual or special meeting of the Unit Owners by the
affirmative vote of Unit Owners holding one hundred (100%) percent of the Beneficial
Interests; provided that notice of such removal is given in the notice of the meeting; and
provided, further, that the holders of all mortgages of record on Units affected consent to
such removal by written instruments duly recorded with the Registry of Deeds; and,
provided further, that no portion of the condominium shall be removed from the operation
of Chapter 183A prior to the termination of the Phasing Rights and the termination of
Sponsor's rights pursuant to of Paragraph 15 hereof unless Sponsor consents to such
removal by written instrument recorded with the Registry of Deeds. Notwithstanding the
foregoing, and notwithstanding any other provisions of this Master Deed, such removal
shall not require the consent of any holder of a mortgage, if at the time of such removal,
the Sponsor is the Owner of all Units in the Condominium.
24. Meanings of Terms.
Capitalized terms used herein which are defined in the Trust and which are not
specifically defined herein shall have the meaning given to them in the Trust. All terms and
expressions herein used which are not defined herein or in the Trust but which are defined
in Section 1 of Chapter 183A shall have the same meanings herein as set forth in said
Section I.
25. Powers of Attorney.
The acceptance of a deed to a Unit by a Unit Owner shall constitute an agreement
by such Unit Owner and any successor in title of such Unit Owner to execute,
acknowledge and deliver to the Sponsor any and all documents required by the Sponsor,
by any title insurance company insuring title to any Units, by Sponsor's mortgagee, and/or
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by any lending institution making one or more loans secured by Units, to authorize the
Sponsor to add to the Condominium pursuant to the Phasing Rights, and/or to alter Units
pursuant to said Paragraph 15 hereof and/or to amend this Master Deed pursuant to of
Paragraph 15 hereof, including without limitation, to execute, acknowledge and deliver an
irrevocable Power of Attorney coupled with an interest designating Sponsor as such Unit
Owner's attorney-in-fact for the purpose of executing, delivering and recording the
Additional Phase Master Deeds and any amendments to the Master Deed pursuant to
Paragraph 15 hereof.
The acceptance of a deed to a Unit by a Unit Owner shall constitute an agreement
that the Board of Trustees of Rocky Hill Condominium Association is the Attorney-in-Fact
for the Unit Owner to convey any easement or other interest to other Unit Owners who
wish to expand their Unit into the cross hatched areas on the Sile Plan or who wish 10 add
a deck to their Unit on the lined areas of the Site Plan on behalf of such Unit Owner
without need of any other deed or easement from such Unit Owner.
IN WITNESS WHEREOF, ROCKY HILL COHOUSING, LLC . has caused these
presents to be executed as a ~~e~ 0 instrument in its name and behalf by
its Managers this £;.J day of ~ , 2005.
ROCKY HILL [HOUSING, LLC.
By: /;{IJ-Cj JO-.-lk..J '
Its Manager
BY:~~
Its Manager
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. Ap r ~( ;;Z ) 2005
On this J,wJ.. day of ~ 'r ; ( , 200 )~ before me, the undersigned Notary
Public, personally appeared11M.iLt1.f.J.l NW...L:i.4J.:d._ proved to me through
satisfactory evidence of notification, which were /Ut).f;?",}J IlIIJ.Y3 UC~c.g to be
the person whose name is signed on the preceding or attached document and
acknowledged to me that he/she signed it voluntarily for' staled purpose.
o G tVJ r. L V1).{-f Notary Public
My commission expires: '1/ '3 ~ I'u
"Iy Commission ExpIres
. 23 . Aprfl30,20IO
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COMMONWEALTH OF MASSACHUSETTS ~ y 2005 Hampden, ss.
On this 'fTll day of 4e;L-, 200 ~ before me , the undersigned Notary
Public, personally appeared _§l!.".l.(lJ:~9~b¥-________ proved to me through
satisfactory evidence of notification, which werew 0. dN~ li~I<"'to... to be
the person whose name is signed on the preceding or attached document and
acknowledged to me that he/sfie signed it voluntarily for its stated purpose.
~~
ary Public
My commission expires:~_ (
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EXHIBIT A
The land located on the easterly side of Florence Road , in Northampton,
Hampshire County, Massachusetts, being shown as Lot 8 and Black Birch Trail, on a
plan of land entitled "Definitive Subdivision Plan Rocky Hill CoHousing, Northampton,
Massachusetts Prepared for Tofino Associates, Inc.", dated March 14, 2003, and
recorded with the Hampshire County Registry of Deeds at Plan Book 202, Pages 1-12,
and being more particularly bounded and described as follows:
Beginning at an iron pin set in the easterly sideline of the said Florence Road, said iron
pin marking the northwesterly corner of Lot 7, as shown on said plan, and the westerly
corner of the premises conveyed herein; thence running
N. 1r 14' 21" E. a distance of 362.72 feet along the easterly sideline of the said
Florence Road to an iron pin at Lot 6, as shown on said plan; thence running
S. 72 ° 42' 39" E. a distance of 61 .31 feet along the said Lot 6 to an iron pin at Lot 1, as
shown on said plan; thence running
S. 1r 14' 21" W. a distance of 59.46 feet to an iron pin; thence running
S. 09° 51' 07" E. a distance of 134.68 feet to an iron pin set in the northwesterly sideline
of Black Birch Trail, as shown on said plan; thence running
NORTHEASTERLY along an arc having a radius of 170.00 feet and a length of 31 .46
feet along the northerly sideline of the said Black Birch Trail to an unmonumented point,
the last three courses being along the said Lot 1; thence running
NORTHEASTERLY AND EASTERLY along an arc having a radius of 250.00 feet and a
length of 370 .80 feet to an iron pin at the southeasterly corner of Lot 5, as shown the
said plan, the last course also running along the southerly boundary lines of Lots 1, 2, 3,
4, and 5, as shown on said plan; thence running
N. 42°13' 46" E. a distance of 140.56 feet to an iron pin; thence running
N. 23° 34' 14" W. a distance of 126.13 feet to an iron pin at land now or formerly of
Susan A. Streeton and Kimberly M. Lorimier, as shown on said plan, the last two
courses being along the said Lot 5; thence running
S. 6r 00' 56" E. a distance of 919.26 feet along the said land of Street on and Lorimier
to an iron pin at land now or formerly of Pathways Cohousing Condominium, as shown
on said plan ; thence running
S. 21 ° 09' 33" W. a distance of 317 .00 feet along the said land of Pathways Cohousing
Condominium to an iron pin at land now or formerly of the Trustees of Christ United
Methodist Church, as shown on said plan; thence running
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S.26° 10' 33" W. a distance of 523.07 feet along the said land of the Trustees of Christ
United Methodist Church to an iron pin at land now or formerly of Joseph S. Popiolek,
Jr., as shown on said plan; thence running
S. 34° 15' 11" W. a distance of 235.61 feet along the said land of Joseph S. Popiolek,
Jr. to an iron pin at land now or formerly of The Bible Baptist Church, as shown on said
plan; thence running
N. 66° 15' 55" W. a distance of 790.24 feet along the said land of The Bible Baptist
Church and land now or formerly of Esther L. Calio and Mary Lou Curtis, as shown on
said plan to an iron pin at other land now or formerly of The Bible Baptist Church, as
shown on said plan; thence running
N. 16° 33' 34" E. a distance of 511 .50 feet to an iron pin; thence running
N. 66° 15' 10" W. a distance of 298.49 feet to an iron pin at the said Lot 7, the last two
courses being along the said land of The Bible Baptist Church; thence running
N.17° 14' 21" E. a distance of 90.58 feet to an iron pin; thence running
N. 66° 15' 10" W. a distance of 120.78 feet to the place of beginning, the last two
courses being along the said Lot 7.
The said Lot 8 containing 24.971 acres, more or less, and the said Black Birch Trail
containing 30,333 square feet, more or less.
(1) Subject to Conservation Deed Restriction dated February 18, 2005 and recorded in
the Hampshire County Registry of Deeds in Book 8166, Page 227.
(2) Subject to City of Northampton Planning Board Decision dated October 31 , 2003
and recorded in the Hampshire County Registry of Deeds in Book 7976, Page 153.
(3) Declaration of Covenants, Restrictions, Easements and Maintenance Agreements
dated September 1, 2004 and recorded as aforesaid in Book 7976, Page 159 as amended
of record.
(4) Easement granted by Tofino Associates, Inc. to Verizon New England, Inc. and
Comcast of MassachusettsNirginia, Inc. dated May 28,2004 and recorded as aforesaid in
Book 7976, Page 171.
(5) Multi Use Trail Easement and Water Easement granted by Tofino Associates, Inc.
to the City of Northampton dated September 24, 2004 and recorded as aforesaid in Book
8003, Page 254 as amended by document dated November 23, 2004 and recorded as
aforesaid in Book 8082, Page 258.
(6) City of Northampton Planning Board Notice of Definitive Subdivision Approval dated
October 29 , 2003 and recorded as aforesaid in Book 8003, Page 261 .
(7) Conservation Restriction and Easement granted by Tofino Associates, Inc. to the
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City of Northampton on various dates and recorded as aforesaid in Book 8082, Page 261.
(8) Subject to an Order of Conditions issued by the City of Northampton Conservation
Commission dated October 9, 2003 and recorded as aforesaid in Book 7594, Page 26.
(9) Subject to the Northampton Wetlands Protections Ordinance and/or the Wetlands
Protection Act. Any construction or maintenance performed on the property described
above requires an Order of Conditions and/or Determination of Applicability from the
Northampton Conservation Commission.
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EXHIBIT "8 & C"
Page 1 of 4
Description of Units
UNITS 1 & 2
Unit #1 -Two Bedroom with unfinished basement
Type BB
On the basement level, the Unit contains a full basement with partition separating shared
basement space with access by bulkhead, wall with full window and a stairway with door at top
to first floor. On the first floor, the Unit contains a kitchen with pantry closet, dining space with
nook, living space with nook and bookshelf, a bathroom with shower, washer/dryer, closet and a
cathedral ceiling addition space, entry/mudroom. From the first floor, a staircase ascends to the
second floor that contains a hallway, two bedrooms, one with closet and skylight, one with
shelving, and a bathroom with closet. This Unit has no future addition or deck/porch option
available. See drawings for areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jointly with unit #2), through a door.
2. From the first story, the unit accesses common porch space through the front door
addition and living space.
3. From the second story, there is no access to common space.
Unit #2 -Three Bedroom with two attic study/bedroom spaces unfinished basement
Type AA
On the basement level, the Unit contains a full basement with partition separating shared
basement space with access by bulkhead , and a stairway with door at top to first floor. At the
top of the staircase is a door that leads to the dining room. The rest of the first floor contains a
kitchen with pantry, entry room, office space, dining room, living space, bathroom with shower,
and a flat ceiling addition space, and stairway to second floor. At the top of the stairs from the
first floor is the recreation/office space with three bedrooms, all with closets, two baths, one with
shower and one with bathtub and closet and stairway to attic. From the second floor, stairs
ascend to a finished attic space with closet, and two study/bedroom spaces one with closet and
two attic space closets one with closet and an attic space closet. This Unit has no future
addition or deck/porch option available. See drawings for areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jOintly with unit #1), through a door.
2. From the first story, the unit accesses common porch space through the front door, and
from addition to entry area and from living space to screened porch.
3. From the second story, there is no access to common space.
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EXHIBIT "B & C"
Page 2 of4
Description of Units
UNITS3&4
Unit #3 -Two Bedroom with unfinished basement
Type A
On the basement level, the Unit contains an unfinished basement with stairway and door at top
to first floor and access to bulkhead in shared basement space through partition with doorway.
On the first floor, the Unit shares an entry space with adjoining Unit and contains a kitchen with
pantry closet, dining/living room, a bathroom and closet and stairway to second floor. From the
first floor, a staircase ascends to the second floor that contains three bedrooms, all with one
closet and a full bathroom with bathtub and closet and hallway. This Unit has both the future
porch/deck and addition options available. See drawings for areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jointly with unit #4), through a door.
2. From the first story, the unit accesses common interior space (with common door to
common porch) through a door and from living space to common area.
3. From the second story, there is no access to common space.
4.
Unit #4 -Two Bedroom with partly finished basement
Type B
On the basement level, the Unit contains a finished and insulated wall and unfinished ceiling,
washer, dryer, tub sink and two walls with full windows, a stairway with door at top to first floor
and access to bulkhead in shared basement space through partition with doorway. On the first
floor, the Unit shares an entry space with adjoining Unit and contains a kitchen with pantry
closet, dining/living space, and a bathroom and closet and stairway to second floor. From the
first floor, a staircase ascends to the second floor that contains two bedrooms, all with one
closet area and a full bathroom with bathtub and closet and hallway. This Unit has the Future
porch/deck options available, but not the future addition. See drawings for areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jointly with unit #3), through a door.
2. From the first story, the unit accesses common interior space (with common door to
common porch) through a door and from living space to screened porch.
3. From the second story, there is no access to common space.
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EXHIBIT "B & e"
Page 3 of4
Description of Units
UNITS 5 &6
Unit #5 -Two Bedroom with partly finished basement
Type BB
On the basement level, the Unit contains a full basement with finished, insulated wall and
unfinished ceiling, stairway with door at landing, access to bulkhead in shared basement space
through partition with doorway, one wall with two full windows and partitions and rough openings
to divide basement into three distinct spaces. On the first floor, the Unit shares an entry space
with adjoining Unit and contains a kitchen with pantry closet, dining room with nook, living room,
a bathroom with shower, skylight, washer/dryer and closet space, and a cathedral ceiling
addition space separated by partition from living space with closet and stairway to second floor.
From the first floor, a staircase ascends to the second floor that contains two bedrooms, both
with closet, one with nook, and a bathroom with bathtub and closet. This Unit has the
deck/porch option available, but not the future addition. See drawings for areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jointly with unit #5), through a door.
2. From the first story, the unit accesses common interior space (with one common door to
common porch and one common door to rear patio) through a door and from addition to
patio.
3. From the second story, there is no access to common space.
Unit #6 -Two Bedroom with partly finished basement
Type BB
On the basement level, the Unit contains a full basement with finished, insulated wall and
unfinished ceiling, stairway with door at landing, access to bulkhead in shared basement space
through partition with doorway, one wall with one full window. On the first floor, the Unit shares
an entry space with adjoining Unit and contains a kitchen with pantry closet, dining room, living
room, a bathroom with shower, skylight, washer/dryer, closet space, and a cathedral ceiling
addition bedroom space separated by partition from living space with one full closet, broom
closet and nook and stairway to second floor. From the first floor, a staircase ascends to the
second floor that contains two bedrooms, both with closet, and a bathroom with bathtub and
with closet. This Unit has no porch/deck and future addition options available. See drawings for
areas.
1. From the basement level, the unit accesses a common space with a bulkhead (owned
jointly with unit #5), through a door.
2. From the first story, the unit accesses common interior space (with one common door to
common porch and one common door to rear patio) through a door and from bedroom
addition to deck.
3. From the second story, there is no access to common space.
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EXHIBIT "B & en
Page 4 of 4
Description of Units
UNITS 7 & 8
Unit #7 -One Bedroom with unfinished basement
Type D
On the basement level, the Unit contains a full, unfinished basement with washer and dryer, a
wall with a full window, and stairway with door at top to first floor and partition separating shared
basement space with access by bulkhead. On the first floor, the Unit contains a kitchen, office,
living space, a bathroom with bathtub and shelving, and bedroom with double closet and
stairway to second floor which is unfinished. This Unit has both the future addition and
deck/porch options available. See drawings for areas. There is no second floor.
1. From the basement level, the unit has direct accesses to a bulkhead.
2. From the first story, the unit accesses a private porch through a door in living space.
3. From the second story, there is no access to common space.
Unit #8 -Two Bedroom with unfinished basement
Type B
On the basement level the Unit contains a full, unfinished basement, two walls with full windows,
stairway with door at top to first floor and partition separating shared basement space with
access by bulkhead. On the first floor, the Unit contains an entry hall with washer and dryer, a
kitchen with pantry closet, dining space, living space, a bathroom with shower, linen closet and
a flat ceiling addition space with two closets and stairway to second floor. From the first floor, a
staircase ascends to the second floor that contains a hallway, two bedrooms, both with closet,
and a bathroom with bathtub and closet. This Unit has the future deck/porch option available,
but not the future addition. See drawings for areas.
1. From the basement level, the unit has accesses through door to a bulkhead.
2. From the first story, the unit accesses a private porch through a door in entry hall and
from addition to common area.
3. From the second story, there is no access to common space.
- 4 -
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Sheet1
I -
EXHIBIT B & C I
PERCENTAG~_IN1.:~REST FOR __ 1_______ __ _
ROCKY HILL CONDOMINIUM AND SQUARE FOOTAGE OF UNITS
Percentage
Phase I Phase II Phase ill Interest in
Unit Percentage Percentage Percentage Cornmon Areas Adjusted Living p:;
# Address Type Phase Interest Interest Interest Phase N Space for Ownership 1"1
'" f-< -.t co
M ....
1 101 Black Birch Trail BB 1 14.5225 6.5952 5.1178 3.8512 1755 0
Cl I'll
D-
o § '" 2 192 Black Birch Trail AA 1 18.2125 8.2253 6.4478 4.8563 2213 It)
'" ::d co 3 103 Black Birch Trail A 1 11.0025 4.9553 3.8878 2.9296 1335 0
0 iii
-'" 0
Q III 4 104 Black Birch Trail B 1 10.4925 4.7253 3.7078 2.7935 1273 ..:i
5 1105 Black Birch Trail BB 13.8425 6.2353 4.8978 3.6866 1680 ,me
S
6 1106 Black Birch Trail BB 13.4025 6.0453 4.7378 3.5703 1627 ~IP:: ..:
.::;l
7 1107 Black Birch Trail D 6.3725 2.8653 2.2477 1.6919 771
m
8 1108 Black Birch Trail B 12.0525 5.4353 4.2677 3.2104 1463 co ~
&j
M 5
Page 1