Subdivision Application Form Ravalli County

Master Deed Declaration of Condominium

Agreement made on the day of , 20, between of , and , a corporation organized and existing under the laws of the state of , with its principal office located at , said and , being hereafter referred to jointly as the Developers.

Whereas, Developers are the owner in fee simple of the land with the improvements on it located at (the Property), being more particularly bounded and described as follows:

Whereas, they as Owners propose to create a condominium governed by and subject to the provisions of , hereinafter referred to as State Statutes, on the above described Property and that the Property above described from and after the date of the recording of this Declaration in the , shall be and continue subject to each and all of the terms of this Declaration and Statutes of until this Declaration is terminated or abandoned in accordance with the provisions elsewhere contained in this Declaration.

Now, therefore, Developers do now declare the following on behalf of themselves, their heirs, executors, administrators, successors, and assigns to their grantees and their respective heirs, successors, assigns, executors, and administrators as well as to any and all persons having, acquiring, or seeking to have or acquire any interest of any nature whatsoever in and to any part of the Property:

I. Definitions

A. Unit: Any one of those parts of the Building which is separately described on Architect's Plans as Unit followed by a number.

B. Unit Owner: The person, persons, or entity holding title in fee simple to a unit.

C. Assessment: That portion of the cost of maintaining, repairing, and managing the Property which is to be paid by each Unit Owner, which respective portions, except as specifically otherwise provided in this Declaration, are set forth in Article XVI, Paragraph A of this Declaration.

D. Association: , a corporation organized and existing under the laws of the state of , with its principal office located at , copies of the Bylaws of which corporation and of its Rules and Regulations are attached to and made a part of this Declaration as Exhibits A and B respectively.

E. Building: The entire structure to be located on the Property which will be built substantially in accordance with the plans and specifications prepared by .

F. Common Elements: The common areas and facilities and all that part of the Property which is not within the Units as such Units are shown on the Architect's Plans or which exists within Units by virtue of an easement created in this Declaration.

G. Common Expenses: The actual and estimated costs of maintenance, management, operation, repair, and replacement of the Common Elements and those parts of the Units as to which, pursuant to other provisions of this Declaration, it is the responsibility of the Association to maintain, repair and replace; management and administration of the Association; and any other items held by or in accordance with other provisions of this Declaration or the Condominium Documents to be Common Expenses.

H. Common Surplus: The excess of all receipts of the Association including but not limited to assessments, rents, profits, and revenues on account of the common elements, over the amount of common expenses.

I. Condominium Documents: This Declaration and the Exhibits attached hereto as the same from time to time may be amended.

Architect's Plans (Exhibit C): A set of floor plans of the Building, showing the layout, location, unit numbers, and dimensions of the units, entitled and bearing the verified statement of certifying that the plans fully and accurately depict the layout, location, unit number, and dimensions of the units as built.

i. Bylaws of (Exhibit A)

ii. Rules and Regulations of the Association (Exhibit B)

J. Developers: and , their heirs, executors, administrators, successors, and assigns.

K. Person: Developer and any individual, firm, corporation, trustee, or other entity capable of holding title to real property.

L. Plans and Specifications: The plans and specifications referred to in Paragraph E of this Article I of this Declaration.

M. Property: The property defined and described above in the opening paragraph of this Declaration.

N. Share: The percentages attributed to each Unit as set forth in Article VI of this Declaration.

II. Condominium Name

The name of this condominium is .

III. Name of Organization of Unit Owners

The name of the organization of unit owners is , a corporation organized and existing under the laws of the state of , with its principal office located at . (the Association) has enacted Bylaws, a copy of which are attached hereto and made a part of this Declaration as Exhibits A.

IV. Description of Building(s)

V. Description of Units

VI. Description of Common Areas and Facilities

VII. Common Elements Use

A. Covenant against Partition. In order to effectuate the intent of this Declaration and to preserve the Condominium and the Condominium method of ownership, the Property shall remain undivided and no person, irrespective of the nature of his or her interest in the Property, shall bring any action or proceeding for partition or division of the Property or any part of it until the termination of the Declaration in accordance with provisions elsewhere contained in this Declaration or until the building is no longer tenantable, whichever first occurs. An exception to this clause in the event of casualty damage is set forth in Article XIV of this Declaration.

B. Rules and Regulations Promulgated by Association. No person shall use the Common Elements or any part of them in any manner contrary to or not in accordance with such rules and regulations pertaining to same as from time to time may be promulgated by the Association. The Board of Directors of the Association may by a majority vote assess a fine of per day against any Unit Owner for any and each violation of the rules and regulations.

C. Maintenance, repair, management, and operation of the Common Elements shall be the responsibility of the Association, but nothing contained in this Declaration however shall be construed so as to preclude the Association from delegating to persons, firms, or corporations of its choice, such duties as may be imposed upon the Association by the terms of this Paragraph C and as are approved by the Board of Directors of the Association.

D. Expenses incurred to be incurred for the maintenance, repair, management, and operation of the Common Elements shall be collected from Unit Owners as assessed, in accordance with the provisions contained elsewhere in this Declaration.

E. Subject to the rules and regulations from time to time pertaining to the Common Elements, all Unit Owners may use the Common Elements in such manner as will not restrict, interfere with or impede the use of the Common Elements by other Unit Owners.

F. Alterations and Improvements.

The Association shall have the right to make or cause to be made such alterations and improvements to the Common Elements, provided the making of such alterations and improvements are first approved by the Board of Directors of the Association and all first mortgagees of individual units.

1. If % or more but less than % of the Unit Owners agree to make an improvement to the common areas and facilities, and assess the cost for the improvement, the cost of such improvement shall be borne solely by the Owners so agreeing.

2. % or more of the Unit Owners may agree to make an improvement to the common areas and facilities and assess the cost of the improvement to all Unit Owners as a common expense, but if such improvement shall cost in excess of % of the then value of the condominium, any Unit Owner not so agreeing may apply to the of the County in which the property is located, on such notice to the organization of Unit Owners as the Court shall direct, for an order directing the purchase of his or her unit by the organization of Unit Owners at the fair market value of the unit as approved by the Court.

G. Shares of Unit Owners. The Shares of the Unit Owners in the Common Elements shall be as stated in Article VI and may be altered only by amendment of this Declaration executed in form for recording by all of the Unit Owners and First Mortgagees of such Owners.

H. The share of a Unit Owner in the Common Elements is appurtenant to the Unit owned by him, and inseparable from Unit Ownership.

VIII. Maintenance and Repair of Units

A. By the Association.

1. To maintain, repair and replace at its expense, all portions of the Unit which contribute to the support of the Building, excluding, however, interior wall, ceiling and floor surfaces, and including, but not limited to, outside walls of the Building, structural slabs, roof, interior boundary walls of Units, and load-bearing columns;

2. All conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services which may be contained in the Unit but excluding appliances, office machinery, and plumbing fixtures;

3. All incidental damage caused to a Unit by such work as may be done or caused to be done by the Association in accordance with this article;

4. Cause the building, appurtenances, and grounds of the Condominium to be maintained according to reasonably acceptable standards;

5. Make contracts for sewer, water, exterior lights, refuse collection, exterior electric service, vermin extermination, and other necessary services;

6. Cause to be placed and kept in force necessary insurance needed adequately to protect the Association, its members and mortgagees holding mortgages covering Condominium parcels, as their respective interest may appear.

Funds for the payment of the above and foregoing shall be assessed against the Unit Owners as a common expense.

B. By the Unit Owner.

1. To maintain, repair, and replace at his or her expense, all portions of the Unit except the portions of each to be maintained, repaired, and replaced by the Association;

2. To perform his or her responsibilities in such manner so as not unreasonably to disturb the rights of other persons occupying within the Building;

3. Not to paint or otherwise decorate or change the appearance of any portion of the Building not within the walls of the Unit, unless the written consent of the Association is obtained;

4. To promptly report to the Association or its agent any defect or need for repairs or maintenance, the responsibility for the remedying of which is with the Association;

5. Not to make any alterations in the portions of the Unit or the Building which are to be maintained by the Association or remove any portion of the same or make any additions to the same or do anything which would or might jeopardize or impair the safety or soundness of the Building without first obtaining the written consent of the Board of Directors of the Association and all first mortgagees of individual Units.

C. Nothing contained in this Declaration, however, shall be construed so as to impose a contractual liability upon the Association for maintenance, repair, and replacement, but the Association's liability shall be limited to damages resulting from negligence.

IX. Units shall be Constituted as Follows

A. Real Property. Each Unit, together with the space within it as shown on the Architect's Plans and together with all appurtenances to the Unit, shall, for all purposes, constitute a separate parcel of real property.

B. Boundaries.

1. Horizontal Boundaries:

a) The underside of the concrete slab above and abutting the Unit;

b) The underside of the concrete slab below and abutting the Unit;

2. Vertical Boundaries:

a) Between Units: the plane formed by the center line of the wall between Units;

b) Exterior boundaries: the plane formed by the exterior side of the wall in which the windows are located;

c) Between Unit and hallways: the plane formed by the center line of the wall.

C. Appurtenances.

1. Common Elements: an undivided share of the Common Elements, such undivided share to be that portion set forth in Article VI of this Declaration;

2. A license with or without monthly fees to maintain a private passenger automobile at and on a parking space in accordance with the Rules and Regulations of the Association;

3. Easements for the benefit of the Unit;

4. Stock in the Association and funds and assets held by the Association for the benefit of the Unit Owner;

5. In addition to and not in derogation of the ownership of the space described on the Architect's Plans, an exclusive easement for the use of the space not owned by the Unit Owner and which is occupied by the Unit;

6. The following easements from each Unit Owner to each other Unit Owner and to the Association:

a) Ingress and Egress Easements through the Common Elements for ingress and egress for all persons making use of such Common Elements in accordance with the terms of the Condominium Documents;

b) Maintenance, Repair, and Replacement Easements through the Units and Common Elements for maintenance, repair, and replacement of the Units and Common Elements;

c) Utilities. Easements through the Units and Common Elements for all facilities for the furnishing of utility services within the Building;

d) Structural Support. Every portion of a Unit which contributes to the structural support of the Building shall be burdened with an easement of structural support for the benefit of the Common Elements;

e) Emergency Easements of Ingress and Egress. Easements whenever reasonably required for emergency ingress and egress.

X. Purpose and Use Restrictions

A. The Units shall be used for only those purposes allowed by the zoning Bylaws of the City of .

B. The Common Elements shall be used for the furnishing of services and facilities for which the same are reasonably intended, for the enjoyment of the Units.

C. No Unit shall be occupied by any person not approved in advance by the Board of Directors of the Association. The Association shall signify in writing such approval or disapproval within days after the same is requested in writing.

D. Nuisances: No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to occupants or which interferes with the peaceful possession and proper use of the Property by its residents and occupants.

E. Lawful Use: No immoral, improper, offensive, or unlawful use shall be made of the Property nor any part of it and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction shall be observed.

F. Interpretation: In interpreting deeds, mortgages, and plans, the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed, mortgage, or plan.

G. Regulations: Regulations concerning use of the Property may be promulgated by the Association; provided, however, that copies of such regulations are furnished to each Unit Owner prior to the time that the same become effective.

XI. Conveyances

A. Sale or Lease. No Unit Owner may dispose of a Unit or any interest in a Unit by sale or by lease without approval of the Board of Directors.

1. Notice to Association: A Unit Owner intending to make a sale or lease of his or her Unit or any interest in the Unit shall give written notice to the Association of such intention, together with the name and address of the intended purchaser or lessee, such other information as the Association reasonably may require and the terms of the proposed transaction.

2. Election of Association: Within days after receipt of such notice, the Board of Directors of the Association shall either approve the transaction or furnish a purchaser or lessee approved by the Association.

B. Mortgage: No original Unit Owner may mortgage his or her Unit nor any interest in the Unit without the approval of the Association except to .

C. Owners' Units and Other Privileges: The original owners (Developers) are irrevocably empowered to sell, convey, lease, sublease, encumber, rent, or otherwise dispose of any interest they may have in and to any Units to any person or entity approved by them.

XII. Administration

A. The Association shall be incorporated under the name as a corporation under the laws of the State of .

B. The Bylaws of the Association shall be in the form attached as Exhibit A until such are amended in the manner provided in such bylaws.

C. The duties and powers of the Association shall be those set forth in this Declaration, the Articles of Incorporation and the Bylaws, together with those reasonably implied to effect the purposes of the Association and this Declaration.

D. Notices or demands, for any purpose, shall be given by the Association to Unit Owners and by Unit Owners to the Association and other Unit Owners in the manner provided for notices to members of the Association by the Bylaws of the Association.

E. All funds and titles of all properties acquired by the Association and the proceeds of the same after deducting the costs incurred by the Association in acquiring the same shall be held for the benefit of the Unit Owners for the purposes stated in this Declaration.

F. All income received by the Association from the rental or licensing of any part of the Common Elements shall be used for the purpose of reducing prospective Common Expenses prior to establishing the annual assessment for Common Expenses.

G. The Association, by and through its Board of Directors, is by this Declaration vested with the power to delegate its powers, duties, and authority granted by this Declaration, by entering into a management contract with such persons or organizations or corporations, and upon such conditions and terms as the Board of Directors may elect.

XIII. Insurance

A. Authority to Purchase. Except for Builder Risk and other required insurance furnished by Developer during construction, all insurance policies upon the Property shall be purchased by the Association for the benefit of the Unit Owners and their respective mortgagees as their interests may appear.

B. Unit Owners: Each Unit Owner may obtain insurance, at his or her own expense, affording coverage upon his or her personal property and for personal liability and as may be required by law.

C. Coverage.

1. Casualty: The Building and all other insurable improvements upon the land and all personal property as may be owned by the Association shall be insured in an amount equal to the maximum insurable replacement value of the same.

2. Public Liability and property damage in such amounts and in such forms as shall be required by the Association.

3. Worker's Compensation policy to meet the requirements of law.

4. All liability insurance shall contain cross-liability endorsements to cover liabilities of the Unit Owners as a group to a Unit Owner.

D. Premiums: Premiums upon insurance policies purchased by the Association shall be paid by the Association and charged as Common Expenses.

E. All insurance policies purchased by the Association shall provide that all proceeds payable as a result of casualty losses shall be paid to the , as Trustee, or to any other bank with trust powers as may be approved by the Association.

F. Distribution of Proceeds.

XIV. Reconstruction or Repair of Casualty Damage

A. If any part of the Common Elements shall be damaged by casualty, the determination of whether or not to reconstruct or repair the same shall be made as follows:

1. Rebuilding of the common areas and facilities made necessary by fire or other casualty loss shall be carried out in the manner set forth in the condominium documents, provided such casualty loss does not exceed % of the value of the condominium prior to the casualty.

2. If the casualty loss exceeds % of the value of the condominium prior to the casualty, and if % of the unit owners do not agree within days after the date of the casualty to proceed with repair or restoration, the condominium shall be subject to partition at the suit of any unit owner.

2(b). If % of the unit owners agree to proceed with the necessary repair or restoration, and if such excess cost exceeds % of the value of the condominium prior to the casualty, any unit owner who did not so agree may apply to the of for an order directing the purchase of his or her unit by the Association at the fair market value of the unit as approved by the court.

3. Any such reconstruction or repair shall be substantially in accordance with the Plans and Specifications.

4. Encroachments upon or in favor of Units which may be created as result of such reconstruction or repair shall not constitute a claim or basis of a proceeding or action by the Unit Owner upon whose property such encroachment exists.

5. Certificate: The Insurance Trustee may rely upon a certificate of the Association certifying as to whether or not the damaged property is to be reconstructed or repaired.

B. Responsibility: If the damage is only to those parts of one Unit for which the responsibility of maintenance and repair is that of the Unit Owner, then the Unit Owner shall be responsible for reconstruction and repair after casualty.

1. Estimate of Costs: Immediately after a casualty causing damage to property for which the Association has the responsibility of maintenance and repair, the Association shall obtain reliable and detailed estimates of the cost to place the damaged property in condition as good as that before the casualty.

2. Assessments: If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Association, assessments shall be made against the Unit Owners who own the damaged property in sufficient amounts to provide funds to pay the estimated costs.

XV. Taxes and Special Assessments

A. The assessment of each of the Units for taxes and special assessments by governmental bodies may be done in the following manner:

1. Determination of Value: The total value for the tax or assessment roll for the Property shall be determined without regard to the Units against which taxes and assessments are ultimately to be levied.

2. Allocation of Assessments to Units: The assessment for each Unit shall be the Unit's respective Share of the Assessment of the Property.

3. Certificate: Any Tax Assessor may rely upon a Certificate of the Association as to the Share of each Unit.

B. During the period of time the taxes and special assessments upon the Property or any portion of it are not assessed to Units, the taxes and assessments not separately assessed to Units shall be included in the budget of the Association and shall be paid by the Association.

C. Return for Taxation: No Unit Owner shall make a return for taxation which is inconsistent in any manner with the provisions of this Declaration and if any such return is made it shall be void.

XVI. Assessments

A. Share of Common Expense

Each Unit Owner shall be liable for his or her share of the Common Expenses, and any Common Surplus shall be owned by each unit Owner in a like share, according to the following percentages:

B. Assessments other than Common Expenses: Any assessments, the authority to levy which is granted to the Association or its Board of Directors by the Condominium Documents, shall be paid by the Unit Owners to the Association in the proportions set forth in the provision of the Condominium Documents authorizing the Assessment.

C. Assessments for Common Expenses: Assessments for Common Expenses shall be made for the calendar year annually in advance on or before the second in of the year preceding for which the assessments are made.

D. Other Assessments shall be made in accordance with the provisions of the Condominium Documents and if the time of payment is not set forth in the Condominium Documents, the same shall be determined by the Board of Directors of the Association.

E. Assessments for Emergencies shall be made only by the Board of Directors of the Association.

F. Assessments for Liens shall be paid by the Association as a Common Expense and shall be assessed against the Units in accordance with the Shares of the Units concerned or charged to the Common Expense Account, whichever in the judgment of the Board of Directors is appropriate.

G. Assessment Roll: The assessments against all Unit Owners shall be set forth upon a roll of the Units which shall be available in the Office of the Association for inspection at all reasonable times by the Unit Owners or their authorized representatives.

H. Liability for Assessments: The Owner of a Unit and his or her grantees shall be jointly and severally liable for all unpaid assessments due and payable at the time of a conveyance.

I. Lien for Assessments: The unpaid portion of an assessment which is due shall be secured by a lien upon the Unit and all appurtenances to the Unit and shall be enforced in the manner provided in State Statutes.

J. Application.

1. Interest; Application of Payments: Assessments and installments of assessments paid on or before days after the date when due shall not bear interest but all sums not paid on or before days after the date when due shall bear interest at the rate of % per year.

2. Suit: The Association at its option may enforce collection of delinquent assessments by suit at law or by foreclosure of the liens securing the assessments or by any other competent proceeding.

XVII. Compliance and Default

A. Legal Proceeding: Failure to comply with any of the terms of the Condominium Documents and Regulations adopted pursuant to the Condominium Documents, shall be ground for relief which may include, but is not limited to, an action to recover sums due for damages, injunctive relief, foreclosure of lien or any combination of the same.

B. All Unit Owners shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by his or her act, neglect or carelessness or by that of any employees, invitees, agents, or lessees.

C. Costs and Attorneys' Fees: In any proceeding arising because of an alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be determined by the Court.

D. No Waiver of Rights: The failure of the Association or of a Unit Owner to enforce any right, provision, covenant, or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or Unit Owner to enforce such right, provision, covenant, or condition in the future.

E. All rights, remedies, and privileges granted to the Association or a Unit Owner pursuant to any terms, provisions, covenants, or conditions of the Condominium Documents shall be deemed to be cumulative.

XVIII. Amendment

Except for alterations in the Shares which cannot be done except with the consent of all Unit Owners whose Shares are being affected, and their mortgagees, the Condominium Documents may be amended in the following manner:

A. Master Deed Declaration of Condominium.

1. Notice: Notice of the subject matter of the proposed amendment in reasonably detailed form shall be included in the Notice of any meeting at which a proposed amendment is considered.

2. Resolution: A resolution adopting a proposed amendment may be proposed by either the Board of Directors of the Association or by the Unit Owners meeting as members of the Association and after being proposed and approved by either of such bodies, must be approved by the others.

Directors and Unit Owners not present at the meeting considering such amendment may express their approval in writing or by proxy. Such approvals must be by not less than % of the Directors and % of the Unit Owners and their mortgagees.

3. Recording: A copy of each amendment shall be certified by at least two officers of the Association as having been duly adopted and shall be effective when recorded in the .

B. Articles of Incorporation and Bylaws of Association: The Articles of Incorporation and the Bylaws of the Association shall be amended in the manner provided by such documents.

XIX. Termination

A. % of the Unit Owners may remove all of the condominium or a portion of it from the provisions of State Statutes by an instrument to that effect, recorded in the .

B. Destruction: If it is determined that the property shall not be reconstructed after casualty, this condominium, including all units, shall be subject to partition at the suit of any unit owner.

C. Shares of Unit Owners after Termination: After termination, the condominium, including all the units, or the portion thus removed, shall be owned in common by the unit owners and the organization of unit owners shall be dissolved, unless it is otherwise provided in the removal instrument.

D. The removal of the condominium from the provisions of State Statutes shall not bar the subsequent resubmission of the land and buildings involved to the provisions of State Statutes.

XX. Covenants Running with the Land

All provisions of the Condominium Documents shall be construed to be covenants running with the land and with every part of and interest in the same, including but not limited to every Unit and the appurtenances to the Unit.

XXI. Liens

A. Protection of Property: All liens against a Unit other than for permitted mortgages, taxes, or special assessments will be satisfied or otherwise removed within days from the date the lien attaches.

B. Notice of Lien: A Unit Owner shall give notice to the Association of every lien upon his or her Unit other than for permitted mortgages, taxes, and special assessments within days after the attaching of the lien.

C. Notice of Suit: Unit Owners shall give notice to the Association of every suit or other proceeding which will or may affect the title of his or her Unit or any other part of the Property within days after the Unit Owner receives notice of the suit or proceeding.

D. Failure to comply with this Article concerning liens will not affect the validity of any judicial sale.

E. The Association shall maintain a register of all permitted mortgages.

XXII. Judicial Sales and other Transfers of Title

A. No judicial sale of a Unit nor any interest in a Unit shall be valid unless the sale is a result of a public sale with open bidding or unless the sale is to a purchaser approved by the Board of Directors of the Association.

B. Unauthorized Transactions: Any sale, mortgage, or lease which is not authorized pursuant to the terms of this Declaration or for which authorization has not been obtained pursuant to the terms of this Declaration, shall be void unless subsequently approved by the Board of Directors of the Association.

C. If proceedings are instituted to foreclose any mortgage on any Unit, the Association shall have the right to redeem from the mortgagee for the amount due or to purchase such Unit at the foreclosure sale for the amount set forth to be due by the mortgagee in the foreclosure proceeds.

The lending institution owning the mortgage shall give to the Association written notice by certified mail of the default mailed at least days prior to the date of the foreclosure sale during which days the Association shall have the right to cure such default by payment to such mortgagee of all sums due upon such default.

XXIII. Provisions Pertaining to Developers

For so long as the Developers continues to own any of the Units and as provided in this Declaration, the following provisions shall be deemed to be in full force and effect.

A. For so long as Developer owns more than Units, a majority of the Board of Directors of the Association shall be selected by the Developer.

B. The Developer specifically disclaims any intent to have made any warranty or representation in connection with the Property or the Condominium Documents except as specifically set forth in them.

C. The grantors, known as Developer, reserve for a period of two years from the date of recording of this Declaration, the power to contract with persons, firms, or corporations of its choice for the management of the Condominium.

XXIV. Severability of Condominium Document Provisions

If any term, covenant, provision, phase, or other element of the Condominium Documents is held to be invalid or unenforceable for any reason whatsoever, such holding shall not be deemed to affect, alter, modify, or impair in any manner whatsoever any other term, provision, covenant, or element of the Condominium Documents.

XXV. Unit Deeds

Any transfer of a Unit shall include all appurtenances to it whether or not specifically described, including the interest of the Unit Owner in the shares of the Association.

XXVI. Captions

Captions used in the Condominium Documents are inserted solely as a matter of convenience and shall not be relied upon or used in construing the effect or meaning of any of the text of the Condominium Documents.

XXVII. Gender, Singular, Plural

Whenever the context so permits, the use of the plural shall include the singular, the plural, and any gender shall be deemed to include all genders.

XXVIII. Severability

If any provision of this Declaration, or any section, sentence, clause, phrase, or word, or the application of same in any circumstances by judicially held in conflict with the laws of the State of , then the laws shall be deemed controlling and the validity of the remainder of this Declaration and the application of any such provision, section, sentence, clause, phrase, or word in other circumstances shall not be affected by such holding.

WITNESS our signatures as of the day and date first above stated.

(Attach exhibits)