Midland County Clerk Unofficial Copy VOL STATE OF TEXAS COUNTY OF MIDLAND § 3 PAGE 123 Midland County Clerk Unofficial Copy 23207 ENABLING DECLARATION OF A CONDOMINIUM REGIME "GOLDEN PARK", MIDLAND, TEXAS MARK ROORNENBAL JR. (hereinafter called Developer) on this 26th day of member, 1971, hereby declares his desire , Midland, hereinafter described, and hereafter to Texas, to the regime establak submit his DECLARATION the following quoted words, meanings stated, to-wit: Midland County Clerk um Act , Section 81.001, Texas Proper dfand County Midt Clerk as "GOLDEN by the Texas Code%; and in this phrases shall have the (a) "PROPERTY" means and owned by Developer in fee and structures thereon belonging thereunto; DECLARATION to declare his desire to submit additional property to and includes the land this Condominium Regime, "Property" means described in any such amendment; ludes the land hereinafter described, Pie, and the buildings, all improvements all easements, rights and appurtenances, and as and, when, if Developer amends this (b) "BUILDINGS" includes the principal structures, the letters A, B, C, at, 2eq., evected upon the land hereinafter described.
(c) and BP CONDOMINIUM PROJECT" means denoted by the land hreinafter described A, B, C, et. seq., erected thereon; and, per amends this DECLARATION to submit is Condominium Regime, "Condominium Project", property and buildings covered by this Midland County Clerk Unofficial as and if property to ans the aggregate of and its ameniments.
(d) "CONDOMINIUM" means the seravate ownership of single unit's or apartments in the Condominium more (e) "APARTMENT" enclosed space consisting of one or rooms designed ea ce occupying a part of the building denoted by the numerals 1 et seq. in respect of each building, and
nts in the Condominium more (e) "APARTMENT" enclosed space consisting of one or rooms designed ea ce occupying a part of the building denoted by the numerals 1 et seq. in respect of each building, and the space lying between such enclosed space and, if any, the carport building denoted on the plats as yard, and the enclosed storage space in the Carport Building which can be entered only from the said yard; (f) "DEVELOPER" means Mark Doornenbal; (g) "DECLARATION" means this instrument: association, trust CO-OWNER" means a person, firm, corporation, or other legal entity, or any ✓ from time to time owns or in the aggregate qu the condominium project; Midland County Clerk Unofficial (i) thereof, apartment within Unoffbership, "COUNCIL OF CO-OWNERS" means cer the co-owners as defined in (h), above, the Council having within the condominium project as County votes as there are apartments (1) "MAJORITY OF COVERS" means the co-owners with 51% or more of the votes weighted as to coincide with percentages or assigned in this DECLARATION, Exhibit "C" hereto; (k) partnership, combination thereof%;B Midland County Cler Midland County Cler Midland County Cler fractions Midland County Cler "PERSON" meɛns an individual, firm, corporation, trust association, or other legal entity or any Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" VOL 3 PAGE Midland County Clerk Unofficial Copy 24 Midland County Clerk Unofficial Copy Midland County Cler (1) "GENERAL COMMON ELEMENTS" means and includes: (1) (2) the open areas among the buildings within the property herein, the general utility easements, the swimming pool, the laundry room and the gazebo.
the premises for the lodging of janitory and groundkeepers or persons in charge of the Condominium
e property herein, the general utility easements, the swimming pool, the laundry room and the gazebo.
the premises for the lodging of janitory and groundkeepers or persons in charge of the Condominium Project; When, as and if Developer amends this declare its desire to submit a improved with, Midland County Clerk Unofficial Copy (m) or capable of bec to of land with, a garden or gardens, putting greek a community house, tennis court or courts, court or courts, the said.
(4) or rule board, and croquet all other elements the Condominium Project desirable rationally common use or necessary to existence, upkeep and safety of the condominium regime; Midland Coupecific tract; "LIMITED COMMON ELEMENTS" means and includes: (1) (2) (3) the the unoccupied land behind the curb line of a private street, or a parking space and private alley which is not an apartment or carport building, limited to the building or buildings erected on the block of land; the foundations, bearing walls and columns, roofs of buildings, limited which they are structural members; Midland County Clerk Unofficial Copy (n) the covered, erected (4) (5) to the of Unofficiosements the compartments or installation of ǹtral services such as power, light, gas refrigeration, central air and hot water, central heating, reservoirs, Cloning and like in a buliding limited to the Midkand tanks and pumps, and the and carport building, ing or buildings which they serve; the garbage disposal devices or installations for common use of co-owners of a building limited to the building served; all other elements of a building or group of buildings desirable or rationally of common use or necessary to the existence, upkeep and safety of a building or buildings; BUILDINGS" means, in the event they are
elements of a building or group of buildings desirable or rationally of common use or necessary to the existence, upkeep and safety of a building or buildings; BUILDINGS" means, in the event they are dened "CAR angular substructures, denoted by letters Midland County Clerk the the by the numerals 1 et. seq. and storage ditirilt, alley lines and enclosing vehicular Developer amends this DECLARATION to submit Condominium Regime, "Carport Buildmark.
substructures denoted by the letters "D" spaces numbered consecutively through The terms and provisions, and C, Ing spaces and, when, as property include all such seq. enclosing parking COCondominium Project.
convenience, into the followinthis DECLARATION are divided, for paragraphs, and shall govern, control and regulate this Condominium Project and Regime and shall be and constitute covenants running with the property. binding upon and inuring to the benefit of Developer, Co-Owners and their respective heirs, successors, legal representatives and assigns: (1) The property is legally described as follows: Being all of LOT ONE (1), BLOCK ONE-A (1-A); all of LOT ONE (3-A) (1), BLOCK TWO-A (2-A) and all of LOT ONE (1), BLOCK THREE-A of Midland County, Texas, according to thereof recorded in Cabinet F, Page 3.
Midland County, Texas; Midland County Clerk Unofficial -TAN ADDITION SECTION 2, an addition to map or Records, Midland County Clerk UnofficialCop City 2 Midland County Cler Midland County Cler ご Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy VOL 3 PAGE 125 Midland County Clerk Unofficial Copy and is depicted on the plat line.
" "A", hereto, enclosed by a solid (2) EXHIBIT "A" depicts each building denoted by the letters A, B, C, et. seq.
Each building is divided into apartments denoted by
and is depicted on the plat line.
" "A", hereto, enclosed by a solid (2) EXHIBIT "A" depicts each building denoted by the letters A, B, C, et. seq.
Each building is divided into apartments denoted by the numerals 1 et. seq. in respect of each building, depicted on Exhibit "A", of varying square footages depending on whether the apartment is or will be enclosed on the two-bedroom or three-bedroom plan, and separated one from another by the dashed lines on the plat extending from the front of the building, through the common wall and yard fence to the alley wall of the storage building.
(1), (m).
(3) GENERAL COMMON ELEMENTS are (4) THE LIMITED COMMON ELEMENTS Midland County Clerk Unofficial Copy (5) THE PERCENTAGE INTEREST are each those defined Copy Section thos ffic in Section entire Condominium Regime is expresunty Clerk THE BY-LAWS goverland (7) this Condominium Regime apartment bears to the in Exhibit "B" hereto.
the administration of the buildings in adopted by Developer in its capacity as sole owner are attached hereto as Exhibit "C".
(8) THE BOUNDARIES of each apartment are the interior finished floors and ceilings of the walls, surfaces of the perimeter residential and storage rooms and of the fences enclosing the yard.
The boundaries of the apartment or of the apartment reconstructed in Substantial accordance with the original plans thereof, as they from time to time physically exist, shall be its boundaries regardless of settling, or lateral movement of the building and regardless of the between boundaries shown on the plat and Each apartment includes of varia Midland County Clerk Uppal Copy Ph or the Mures, equipment and appliances designed and 10 he use and benefit, exclusively, of the occupent same to which the intended or designed room wall located or are
dland County Clerk Uppal Copy Ph or the Mures, equipment and appliances designed and 10 he use and benefit, exclusively, of the occupent same to which the intended or designed room wall located or are for COstruction, the benefiended solely for support, that apartment in are not (and which use service, enjoyment of any other apartment sulas, for examples, the interior and other partitions, the interior floor covering, the fin being and not-supporting or interior finish including carpeting and other walls and ceilings, the closets, cabinets Midland County Cler Midland County Cler and electrical fixtures and appliances, the individual kitchen and bathroom fixtures, equipment, appliances and plumbing, the individual air conditioning appliances and equipment, all glass or glass plate in any window or forming part of any wall in or of the apartment and all interior and exterior doors of the apartment.
and shelves, the sills adjoining the walls, the individual lighting Midland County Cler (9) THE COMMON ELEMENTS, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of (a) Limited Common Elements defined in above, shall be owned in Midland County Clerk Unofficial Copy the co-ownership.
Midland County Clerk Unofficial Copy (b) Co-owners of apartments in elements are limited, being 1 and the apartments and the Indivy (m) (1), fractions by the to which such Limited Commonenerator of each fraction by to being the number of such the fractions is 1.
Elements defined in Section (m) (2), apartmente in the Midland County Cler are limited, the of (3), (4)(5), above, shall be owned in undivided fractions the of co-owners which building such elements numerator of each fraction being 1 and the denominator
e Midland County Cler are limited, the of (3), (4)(5), above, shall be owned in undivided fractions the of co-owners which building such elements numerator of each fraction being 1 and the denominator being the number of such apartments and the sum fractions is 1.
3 Midland County Clerk Unofficial Copy Midland County Cler VOL 3 PAGE 126 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy (c) The fractions and percentage of the common elements allocated to each apartment shall not be conveyed separately from the apartment and visa versa and any conveyance of an individual apartment shall be deemed to convey also the undivided interest of the owner in the common elements, both general and limited, appertaining to said apartment without specifically or particularly referring to the same.
(10) AN APARTMENT OWNER shall have an exclusive ownership to his apartment; common right to a share, with other in the General Common Elements, and with Common Elements of the property. Each Copyco Midland County hall have a Common Elements held in common with the Limited Common Elements he owns in therein in accordance with the intended as expressed herein without lawful rights of the other ✓r co-owners o-owner may use other co-owners, urposes for which they are his tenant or lessee and ER IT on with the co-suners each co-owner, members of his.
or encroaching upon the respectively. Use extends to immediate family or families, of the tenant or lessee's immediate or tenant. Use may be family, and guests and visitors of co-owner regulated by the Council of Co-Owners pursuant to the By-laws.
(11) AN EASEMENT shall exist in each apartment and in each portion of the Common Elements for the benefit of each co-owner, the
co-owner regulated by the Council of Co-Owners pursuant to the By-laws.
(11) AN EASEMENT shall exist in each apartment and in each portion of the Common Elements for the benefit of each co-owner, the City of Midland and each utility company for the installation, maintenance, repair, removal or replacement of any and all utility lines, pipes, wires, conduits, facilities and equipment serving the Condominium project and each apartment.
(12) gover CADMINISTRATION of the the Midland County Clerk Condominium the said By-laws which may be amended of Co-owners.
(13) ASSESSMENTS: (a) All co-owners are the expense of admic to time by Clerk Project shall be contribute pro rata toward Common Elements and, in the proper cases of the Limited Common Elements, and toward any other expenses agreed upon by the Council of Co-owners, all when incurred pursuant to the said By-laws, and becoming assessments when incurred. No co-owner shall be exempt from contributing to such expenses by waiver of the use or enjoyment of the common elements, either general or limited, or by abandonment of the apartment belonging to him.
repairs of the on and of maintenance and (b) Upon the sale or conveyance of any apartment, all assessments against the conveying out Midland County Clerk Unofficial Cobaid (c) r Unoffir for his pro-rata share of such expenses shall of the sale price or other conveyance or by the purchaser or such conveyance runs in assessments or charges of following: (i) All liens for by the Midland County over be paid of the person to whom any other nature except the country, state, and/or federal government or any political subdivision or special district thereof within the boundaries of which the project property is located; and
✓kes or special assessment levied country, state, and/or federal government or any political subdivision or special district thereof within the boundaries of which the project property is located; and (ii) All liens securing amounts due or to become due under any mortgage, vendor's lien or deed of trust filed for record.
An assessment for his pro-rata share of expenses is the personal debt of the co-owner and is a lien on his Midland County Clerk Unofficial Copys 4 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy apartment VOL 3 PAGE 127 Midland County Clerk Unofficial Copy Each cure payment of each assessment.
co-owner by virtue of his ownership gives the lien with the terms and provisions of Exhibit "D", hereto , being the Texas form of Deed of Trust.
(14) Without limiting the right of any co-owner, action may be brought by the Board of Administration or other person designated by in either the case in the By-laws or the Council of Co-owners, discretion of the Council of Co-Owners, on behalf of two (2) or more with may appear , co-owners, as of the their respective interest cause of action relating to the common elements of more respect to than one apartment.
rom Midland County Clerk Unofficial Copy Midland County Clerk (15) If the net proceeds received by the a judicial foreclosure sale or from a sum pay the trust are insufficient to former co-owner, the deficiency shall upon the purchaser at any such former co-owner, shall be a co-owners including, for such sale.
(16) CERTIFICATE OR ja Eganty Clerk U Copy of Co-Owners said deed of Passessments against the be a charge or assessment and if uncollectible from the expense assessed all remaining
ing, for such sale.
(16) CERTIFICATE OR ja Eganty Clerk U Copy of Co-Owners said deed of Passessments against the be a charge or assessment and if uncollectible from the expense assessed all remaining urpose of assessment, the purchaser at STATEMENT OF ASSESSMENTS: A prospective purchaser or mortgagee of an apartment, at the request of the selling co-owner, shall be entitled to a certificate or statement of unpaid Such purchaser or mortgagee shall not assessments to a date certain.
be liable, nor shall the subject apartment after such sale or mortgage be liable or subject to any lien, for any unpaid assessments in excess If such excess of the amount certified or stated to the date stated.
is uncollectible from the former co-owner, expense assessed all remaining co-owners excluding, for this purpose of assessment, the said purchaser or mortgagee.
(17) PROPERTY INSURANCE.
it shall be a common Copy's The Board of Administration shall have the authority to and shall obtain and property insurance to insure the units in or on the project property, risks of loss or damage by fire standard extended coverage character, without pro& verk de his apartment unit on Such continue in effect blanket structures and apartment the owners thereof, against hazards as are covered under (sions, and against risks of whatever the right of each unit owner to insure own account and for his own benefit.
insurance may be written in the name of and the proceeds thereof may be payable to the Managing Agent or the Board of Administration or any person designated in the By-laws or by the Council of Co-owners, as trustee for each of the Unit Owners in their respective percentages of as their respective ownership interest in the Common Elements and interests may appear, as established in the DECLARATION.
rs, as trustee for each of the Unit Owners in their respective percentages of as their respective ownership interest in the Common Elements and interests may appear, as established in the DECLARATION.
Owner, and his mortgagee, if any, shall be a beneficiary of such insurance, in the percentage of his ownership interest in the common elements, as aforesaid, even though not expressly named in the policy or beneficiary. All costs, charges and as an such his ཐ pro-rata share thereof Midland County Clerk Unofficialsurance shall be "common expenses", and each as in xpenses, as in this DECLARATION provided for.
(18) RECONSTRUCTION (A) In case of any injury or # the Each Unit Unofficial Cops for other shall common APPLICATION OF INSURANCE PROCEEDS.
part of the project property indemnity and proceeds County mage to or destruction of any by insurance, the insurance below, be applied to pt as provided in sub-paragraph (b) shall exceed or repair the building or property so damaged or destroyed, and if such insurance indemnity or proceeds collected the totai contract Such or reconstruction Midland County Cler Midland County Cler Midland County Cler or Midland County Cler Cust of insurance the By-laws, repair, then unless the existing or hereafter amended, shall specify otherwise, the Board of Administration or other agent or person named as Trustee in the policy of insurance and collecting said proceeds, shall pay over such excess as follows: (a) If the damage, injury or destruction affected only the ommon Elements and no part of any individual apartment or Midland County Clerk Unofficial Copy 5 Midland County Clerk Unofficial Copy as Midland County Cler VOL 3 PAGE 128 Midland County Clerk Unofficial Copy (b) Midland County Clerk Unofficial Copy
tment or Midland County Clerk Unofficial Copy 5 Midland County Clerk Unofficial Copy as Midland County Cler VOL 3 PAGE 128 Midland County Clerk Unofficial Copy (b) Midland County Clerk Unofficial Copy parking space suffered any injury, damage or destruction, as determined by the Board of Administration, then such excess shall be paid to the Unit Owners and their respective mortgagees, if any, according to their respective interests.
in the insurance as established in this DECLARATION.
In the event the damage, injury or destruction does not affect or extend to any of the Common Elements and affects only individual apartments or parking spaces, as determined by over to the Unit Owners suffering destruction and Midland County Clerk Unofficial Copy (c) Board of Administration, then such exces De their respective mortgaguch their respective interests may appear.
or if any, as In the event the damage, injury struction affects both Common Elements and any indidual apartment or parking space, then a percentage that the total cost repairing or restoring the Common Elements, as by the Board of Administration, bears to the total cost of repairing and reconstructing all of the property injured, damaged or destroyed, shall be paid over to all of the Unit Owners and their respective mortgagees in the ratio of their respective interest in the insurance as established in this DECLARATION, and the remainder of such excess shall be paid over to the Unit Owner or owners suffering such damage, injury or destruction, and their mortgagees, as their respective interests may appear.
deter and such excess in the proportion (B) Receperuction comprises Aath or repair shall not be compulsory whole or more than two-thirds (2/3) of determined by the Council of Co-owners. In such und
r.
deter and such excess in the proportion (B) Receperuction comprises Aath or repair shall not be compulsory whole or more than two-thirds (2/3) of determined by the Council of Co-owners. In such und Indemnity collected shall be delivered and 'Owners and their respective mortgagees, interests may appear, entitled to percentage interest as set forth Midland County Clerk mously agreed upon by all of the Unit Officia County Clerk ' ' here it Ilding as and unless the insurance pro-rata to the Unit as their respective in accordance with their DECLARATION.
(c) Where the insurance indemnity is insufficient to cover the cost of reconstruction and reconstruction is required as provided for herein and in the Act, the building or reconstruction costs in excess of the insurance proceeds shall be paid by all unit owners directly affected by the damage, in proportion to their respective percentage interests in the Common Elements as set forth in this DECLARATION, or as may be provided for in the By-laws, and if one or more of the unit owners comprising the minority shall refuse to make such payments, the majority may proceed with the reconstruction at the expense of the Unit Owners benefited thereby, upon proper resolution setting forth the circumstances of the case and the cost of the work, as for in the The provisions of this sub-paragraph change Midland County Closeofficiunanimous resolution of the parties Ungtonstal Covided to the date on which the fire or other di dded for in the Act.
(19) PUBLIC LIABILITY AND OTHER the Administration shall also have comprehensive public liability deem desirable, and workmen' liability insurance as it moins may be Ded, adopted occurs, as The Board of to and shall obtain in such limits as it shall compensation insurance and other
ublic liability deem desirable, and workmen' liability insurance as it moins may be Ded, adopted occurs, as The Board of to and shall obtain in such limits as it shall compensation insurance and other eem desirable, insuring each Unit Owner and the Council of Co-Owners, Board of Administration, manager and managing agent (temporary or permanent) from and against liability in connection with the Common Elements, and all costs, charges and premiums for all such insurance shall be common expenses. Each Unit Owner shall pay his pro-rata share for such insurance as in the case of other common expenses.
on the (20) INDIVIDUAL INSURANCE. Each Unit Owner shall be responsible at his own personal cost and expense, for his own personal insurance content of his his additi Midland County Clerk Unofficial Copy own apartment, 6 and Midland County Clerk Unofficial Copy and Midland County Cler Midland County Cler Midland County Cler" Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy improvements thereto, and VOL 3 PAGE 129 and County Clerk Unofficial Pating and furnishings and personal property therein, and his Monal property stored elsewhere on the project property, and his personal liability to the extent not covered by the liability insurance for all of the Unit Owners obtained as part of the common expenses as above provided.
(21) EASEMENTS AND ENCROACHMENTS.
(a) If any portion of the Common Elements shall actually encroach upon any Apartment, or if any apartment shall encroach upon any portions of the Common as the Common Elements and Units actally and physically exist, or as shown by the respective survey plats attached hereto, then there Ce deemed to be Midland County Clerk Unofficial Copements, (b) mutual valid easements for the and for the
y and physically exist, or as shown by the respective survey plats attached hereto, then there Ce deemed to be Midland County Clerk Unofficial Copements, (b) mutual valid easements for the and for the maintenance of same, so long it stands, shall and does exist. In the event totally or the owners of the partin apartment building is destroyed, and then rebuilt, apartments agree that all Elements encroachments of or upon the Common and facilities d to construction shall be permitted and that a vali easement for said encroachment and the maintenance thereof shall exist.
To the extent that equipment, facilities and fixtures to similar within any apartment shall be connected equipment, facilities and fixtures serving or affecting other apartments or the common elements then reciprocal easements for the maintenance of same shall exist, and the use thereof by the individual unit owners shall be Co-owners or the Board of Administration she adopt in respect thereto.
All Midland County Clerk Unofficial Copy subject to such rules and regulations as the Council of and Refficiather persons workman authorized by the Council of Administration or the manager on be entitled to reasonable apartment units as may the maintenance, common elements Common affets repaint fixtures any the Board of Maging agent, shall the individual to in connection with the or replacements of or equipment, facilities or or serving other apartments or the (22) ALTERATIONS, ADDITIONS AND IMPROVEMENTS.
of any No unit No alterations Common Elements, or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Council of Co-owners or the Board of Administration authorized to such approval.
owner shall make grant any structural
hereto, shall be made by any Unit Owner without the prior written approval of the Council of Co-owners or the Board of Administration authorized to such approval.
owner shall make grant any structural modification or substantial alterations in his apartment unit or the installations located therein except in the manner and pursuant to the provisions of the By-laws.
the (23 or of Taxes, assessments and or subdivision, any political ement district, or any other taxing or be assessed against and collected on Midland County Clerk, PARATE TAXES.
which shall include the parking spacerku arges of fractional common elements, each of its special authority, apartment, percentage or books as a separate and distinct ent 'for that purpose, and not on the property as a whole as more (24) SEPARATE MORTGAGEidlanarly provided for in the Act.
his respective Each Unit Owner shall have the right to make จ separate mortgage or encumbrance on his respective Unit together with Elements.
ownership interest in the Common shall have the right or authority to make or create or to cause to be made or created any mortgage, encumbrance or lien on or affecting the Midland County Clerk Unofficial Copy 7 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler VOL 3 PAGE 130 Midland County Clerk Unofficial Copy County Clerk Unofficial Copy Midland County Cler Midland County Cler project property or any individual apartment of, except only to the extent of his interest in the Common Elements.
which includes his respective undivided (25) RESTRICTIONS. The Condominium Project is hereby impressed,
r any individual apartment of, except only to the extent of his interest in the Common Elements.
which includes his respective undivided (25) RESTRICTIONS. The Condominium Project is hereby impressed, on only this date forward, with the following restrictions, protective covenants and conditions for the benefit of each apartment: (a) All apartments shall be used and occupied for residential purposes only.
All CopyA11 Midland County Clerk Unofficial (c) (d) (e) (f) apartments shall be used and occupied single-family residences only, and be altered, remodeled, subdivided more than one single-family No apartment shall professional, be office, or Copy converted into any No apartment Odence Apartment shall nor for any other occupied for or commercial purpose residential purpose.
be rented for transient or hotel purposes which is defined as (i) a rental for a period of less than 30 days or (ii) a rental during which the renter is furnished customary hotel services such as room service for food or beverage, maid service, laundry, linen or bellboy service. Subject to such limitations and subject to the provisions of Paragraph (26), a co-owner may rent or lease his apartment, furnished or unfurnished, for residential purposes.
All garbage shall be disposed of in the garbage No signs or posters of any kind sha part of the Condominium Project, the Board of Administration may erect and maintain attention to the Midland County Clerk Unofficial disposal facilities provided each (g) Notwithstand County any apartment which be placed on any as authorized by except that Developer to advertise and attract for so long as Developer owns for sale.
any restriction, covenant or condition in this Paragraph (25) contained, Developer may use an apartment as a "model apartment" for display to the
se and attract for so long as Developer owns for sale.
any restriction, covenant or condition in this Paragraph (25) contained, Developer may use an apartment as a "model apartment" for display to the public or for use as a sales office for so long as Developer owns any apartment which is for sale.
(26) AMENDMENTS.
Except as hereinbelow provisions of this DECLARATION shall not be changed or amended except provided, the with the written consent of each co-owner. Each amendment, agreed upon by all co-owners as aforesaid, shall be filed for record in the same manner as shall 1, however, that the Developer as times have the unconditional Midland County Clefiling of this DECLARATION.
without consent or approval of Hooficial Copy a reserves and to amend this ark other co-owner, for purpose of correcting any obvious typographical error in this DECLARATION , or for the purpose of the mandatory provisions of the Act, apartment or apartments, own 'S DECLARATION comply with any such respect, or for rearranging or replatting the make more or fewer apartments the same shall be deficient in of redefining, redescribing, and dimensions of any by it, or any part thereof, in order to out of the same decrease the size, shape or dimensions of any such apartments owned by or to increase or it, or any parts thereof, or for the purpose of re-apportioning or re-allocating the percentage interest in the Common between any two (2) or more apartments owned by Developer, provided, Elements as however, that the aggregate interest in the Common Elements to be allocated to the apartments after such re-definition, re-description, re-arrangement or replatting of apartments, or reapportionment or Midland County Clerk Unofficial Copy 8 Midland County Clerk Unofficial Copy Midland County Cler
er such re-definition, re-description, re-arrangement or replatting of apartments, or reapportionment or Midland County Clerk Unofficial Copy 8 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy VOL 3 PAGE 13.1 Michland County Clerk Unofficial Copy* in the set C re-allocation of interest in the Common Elements, shall be the same as the aggregate interest apartments so affected as and provided further, that elements allocated to the An Exhibit "B" of this DECLARATION, the size, shape, square footage, dimensions or interest in the Common Elements or any apartment which Developer has sold shall be changed, altered or modified by any such The rights of amendment amendment to this DECLARATION by Developer.
hereby reserved by Developer shall exist notwithstanding anything in this DECLARATION contained which may appear to be to the contrary.
(27) REMEDIES. In the event of any default by any co-owner under or rules or of the Act, Declaration, By-laws the provisions regulations of the Council of Co-Owners, the Board of Administration and/or the Council of Co-Owners, or their authorized representative, shall the Act, Declaration, By-laws, or which may be available at law orley be Midland County Clerkach and all of the rights and remedies any action of or other proceeding co-owner and/or others for enforcement compliance with the particular matter in made, by injunctive relief or otherwi sums or debts or damages in All expenses of the Board of or rules and and may such defaulting lien or to enforce to which default was or for the collection of any arising from any such default.
its authorized representa ist, or Council of Co-owners or in connection with any such action or
ting lien or to enforce to which default was or for the collection of any arising from any such default.
its authorized representa ist, or Council of Co-owners or in connection with any such action or proceedings shall be part of the common expenses and collectible as other common expenses.
The Board of Administration shall be further empowered and authorized to correct or cure any such matter in default and to do whatever may be necessary for such purposes, expenses in connection therewith shall be charged to against such defaulting co-owner and shall be secured in the manner as assessments for common expenses.
to the and and all and assessed same (28) RIGHTS AND OBLIGATIONS. The provisions hereof shall inure enefit of and be binding upon each and all of the co-owners executors, administrate respective heirs, nagagees and others having or claiming an interes Upon the recording or acceptance by a deed, lease or mortgage to him, such co-ow agreed to and be bound and subject to of the Act and this DECLARATION Midland County Clerk Pretatives, successors, assigns, purchasers, le hereafter lawfully amended.
legal 5, grantees, In any apartment.
any time of any shall have accepted and and all of the provisions By-laws, as now existing or (29) NOTICES. Notica Midland County co-owners provided for in the Act, Declaration or By-laws shall be in writing and shall be addressed to the Board of Administration or the Council of Co-Owners at the address of the Board of Administration or its representative which may be established from Notices to time to time and of which the co-owners shall be notified .
their be shall sent to the be mailing addresses of to such other address which any co-owner may respective apartment, or
hed from Notices to time to time and of which the co-owners shall be notified .
their be shall sent to the be mailing addresses of to such other address which any co-owner may respective apartment, or in writing designate by notice thereof to the Board of Administration or its representative.
(30) Midland County Clerk laws attach BILITY.
this DECLARATION or If any provision of hereto or any section, sentence, or word, or application thereof in any invalid or unenforceable, the validity or remainder of the DECLARATION or By-laws and such provision, section, sentence, paragra in any other circumstances shall not (31) INTERPRETATION.
If shall be orceability of the application of any clause, phrase or word Marless clause, affected thereby.
Midland County!
word or clause contained: declaration or provision, sentence, this DECLARATION or By-laws shall be susceptible to two or more interpretations, the interpretation which shall most nearly be in accord with the Act and the general purposes and intent of this DECLARATION and By-laws shall govern.
In the event of the omission (32) OMISSIONS.
DECLARATION of any provision or stipulation which shall Midland County Clerk Unofficial Copy 9 Midland County Clerk Unofficial Copy from this be vital, Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler VOL 3 PAGE 132 Midland County Clerk Unofficial Copy necessary or expedient for intent of this DECLARATION, Mirand County Clerk Unofficial Copy ecomplishment of the purposes and DECLARATION shall not thereby fail, in whole or in part, but any and all such omitted matter shall be supplied by inference and/or by reference to the provisions of the Act, under which this Condominium Regime is established, and the
l, in whole or in part, but any and all such omitted matter shall be supplied by inference and/or by reference to the provisions of the Act, under which this Condominium Regime is established, and the provisions of such Act are hereby made a part hereof by reference thereto.
(33) PERPETUITIES.
If any provision of the DECLARATION or By-laws would otherwise violate the rule against perpetuities or any other rule, statute or law imposing time limits, then notwithstanding anything provision the the deemed to remain in effect only until of the now living descendants of oper, plus twenty-one (21) years thereafter 40 Midland County Clerk het en said By-laws contained to the (34) PARTY WALL.
Exhibit "A" and part of the Condominium such of There exists in each Building delineated in which divides Units 1 and 2 in each bubie herein, a party wall other provision herein, it is in each unit to agree to the Therefore, the owners of and, notwithstanding any best interest of the owners of and repair of said party wall.
shall acknowledge and agree that the party wall existing between the units is a party wall and owned jointly by the respective owner of each unit, together with their heirs, legal representatives, and/or assigns, and said owners agree that in the event any damage of any type shall occur to said party wall, the responsibility of repairing said wall shall be on the owner who actually caused the damage. Further, in the event the roof covering the units shall leak to an extent that damage would be caused to one or the other of the units, the cost of repair of this roof shall be borne jointly by the owners of the units in such affected building.
in the event the damage to the party wall, caused by.
of God, the cost incurred to repair shall be
t of repair of this roof shall be borne jointly by the owners of the units in such affected building.
in the event the damage to the party wall, caused by.
of God, the cost incurred to repair shall be porne jointly by the owners of each unit Further, neither owner of said unit, with all be Midland County Clerk Unofficial Copy wall affected the consent of other owner, shall ever alter, change, repart or do any other act to said party wall which would any way affect it structurally.
paragraph, dealing with the maintenance, the party walls in this Condominium Regime, shall constitute Ovenant running with the land and shall be binding upon the representatives, successors and Midland County This of each unit, the heirs, legal assigns.
(35) EXHIBITS. The following Exhibits are attached hereto and incorporated herein by reference: EXHIBIT "A" EXHIBIT "B" "C" Midland County Clerk Unofficial Copy EXHIBIT "D" - A survey plat of the Condominium Project showing the legal description thereof and the location of the apartments and buildings.
A schedule setting forth the undivided percentage in the Common Elements allocated to each apartment.
The Initial By-laws of this Condomoticial Copy adopted by Developer as sole out The form of Deed of Trust assessments.
IN WITNESS WHEREOF, MARK to be executed as of this the ClerkⓇ County Project, secure payment of LEARNBAL has caused this DECLARATION day of December, 1991.
M 0 MARK DOORNENBAL, JR. Developer Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy 10 Midland County Clerk Unofficial Copy Midland County Cler" Midland County Clerk Unofficial Copy THE STATE OF CALIFORNIA VOL 3 PAGE 133 CKNOW Kounty Clerk Unofficial Copy $ COUNTY OF STANISLAUSS
Copy 10 Midland County Clerk Unofficial Copy Midland County Cler" Midland County Clerk Unofficial Copy THE STATE OF CALIFORNIA VOL 3 PAGE 133 CKNOW Kounty Clerk Unofficial Copy $ COUNTY OF STANISLAUSS This instrument was acknowledged before me on the 26th day December, 1991, by MARK DOORNENBAL, JR., Commission Expires: 3-17-95 Midland County Clerk Unot RSP77/Doornenbal/a Developer.
Notary Public in and for the State of California VINCENTS Notary's Printed of Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unoff Midland County Clerk Unofficial Copy Official Seal Notary Public VINCENT UTTER Stanislaus County My Commission Expires 3/17/96 Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 11 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy EXHIBIT (Consisting pages) VOL 3 PAGE 134 Midland County Clerk Unofficial Copy 29 Midland County Cler Midland County Clerk Unofficial Copy ✓ PARKING AREA KANSAS AVENUE 3. Wide - Paved) N MIDKIFF ROAD (80 Wide Paved ) 300.0 > " N Midland County Clerk Unofficial Copy General Utility Essment 0 N ✓ PARKC PARKING AREA COREY AVENUE STORE (60' Wide Paved (1 ព Q N Midland County Clerk Unofficial Copy LAND SURVEYOR December 12, 1991 I hereby Midland County Clerk Unofficial Copy that the fores 1 that there are no knowledge and belief. The i there are no encroachment.
and co Purvey 19 N Midland County Clerk Unofficial Copy N BLOCK ต KANSAS [ 60'' Wide VENUE Q " 0 N M N 75° 00822.0 H Midland County Cler Midland County Cler " H N N Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy g N
official Copy N BLOCK ต KANSAS [ 60'' Wide VENUE Q " 0 N M N 75° 00822.0 H Midland County Cler Midland County Cler " H N N Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy g N GAZEBO $ 15° 00' 240.0 LAUNDRY Midland County Cler CRESTVIEW ROAD (57' Wide Paved) 240.0 - Paved Midland County Clerk Unofficial Copy Midland County Cler Midland County Clerk Unofficial Copy 60 Wide Paved ) CANSAS AVEN AVENUE BLOCKS JC:CATON -TAN MID - 3 3 à cou 2-A, & 3-A DITION COUNT TEXAS Midland County Clerk Unofficial Copy VOL 3 PAGE 135.
$15° 00' 240.0 Midland County Clerk Unofficial Copy CRESTVIEW ROAD 00' W Paved) 240.0 STOREY AVENUE (60 Wide Paved) Midland County Clerk Unofficial Copy NORTH -PARKING AREA N Midland County Clerk Unofficial Copy Utility N Z Midland County Clerk Unofficial Copy N N BLOCK A " 2 N Midland County Cler P Midrand County Clerk Unofficial Copy N KANSAS _ PARKING ARZA 60° Wide UE AVENUE S S N H C N Midland County Cler STOREY AVENUE (60° Wide - Paved) ✓ PARKING AREA O General Utility Easemen POOL Midland County Clerk Unofficial Copy N < N Midland County Cler Σ N ጸ Midland County Cler x Midland County Clerk Unofficial Copy.
POWELL STREET (50' Wide Paved) 15° 00' 300.0 Midland County Clerk Unofficial PARKING AREA.
Midland County Cler VOL 3 PAGE Midland County Clerk Unofficial Copy SCCA-TAN BLOCKS 1-A, 2-A, & ION 2 ADDITION Eat of MIDLAND LAND COUNTY, TEX 3-A SVXHI Midland County Clerk Unofficial Copy NORTH Midland County Clerk Unofficial Copy N -PARKING AREA General Utility Easement Z H Z N о ° N A N N Midland County Clerk Unofficial Copy County N H " 75° 00' 891.7 891.7 KANSAS (60' Wide Paved) AVENUE Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy N s S N N
N N Midland County Clerk Unofficial Copy County N H " 75° 00' 891.7 891.7 KANSAS (60' Wide Paved) AVENUE Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy N s S N N H H N G ARTA Midland County Cler STOREY AVENUE (60' Wide -Paved Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy POOL D:ility Easement C N > > N 3 3 N Midland County Cler OFFICE N_15° 00' W POWELL 240.
X " X Clerk Unofficial Copy Paved) Midland Coun SUNCHALE 300.0 PARKING AREA 110.0 BB 2 BB1 AA: A2Z122 Y BLOCK 1 - A 300.0 Midland County Cler 75° 00' 110.7 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy UNIT # VOL 3 PAGE 137 EXHIBIT "B" (Consisting of 6 Clerk official Copy GOLDEN BARK KANSAS TEXAS 79701 3100 DLAND UNIT TYPE SQ. FT.
A-1 A-2 B-1 B-2 C-1 Midland County Cler % OF TOTAL A 592.9 .9615385 A-R 592.9 .9615385 , E-2 F-1 F-2 G-1 G-2 Midland County Clerk Unofficial Copy E-1 B A-R A с Midland County Clerk Unofficial Copy A-R C-R 592.9 .9615385 C 592.9 .9615385 B-R 592.9 .9615385 .9615385 592.9 .9615385 592.9 592.9 .9615385 .9615385 592.9 .9615385 592.9 County Cler' 592.9 B 592.9 .9615385 B-R 592.9 .9615385 H-1 C 592.9 .9615385 H-2 C-R 592.9 .9615385 I-1 A-R 592.9 .9615385 K-1 Midland County Clerk Unofficial Copy K-2 L-1 L-2 I-2 A 592.9 .9615385 J-1 B-R B с C-R M-1 B-R Midland County Clerk Unoffici .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 592.9 M-2 B 592.9 15385 .9615385 Midland County Cler N-1 C-R 592.9 .9615385 N-2 C 592.9 .9615385 0-1 A 592.9 .9615385 0-2 A-R 592.9 P-2 Midland County Clerk Unofficial Copy 9-2 .9615385 P-1 B 592.9 .9615385 B-R C R-1 R-2 S-1 S-2 00 Midland County Clerk Unoffici B
2.9 .9615385 N-2 C 592.9 .9615385 0-1 A 592.9 .9615385 0-2 A-R 592.9 P-2 Midland County Clerk Unofficial Copy 9-2 .9615385 P-1 B 592.9 .9615385 B-R C R-1 R-2 S-1 S-2 00 Midland County Clerk Unoffici B .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 592.9 and County Cler $15385 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler VOL 3 PAGE] 138 Midland County Clerk Unofficial Copy My Clerk Unofficial Copy GOLDEN 3100 MIDLAND 79701 Midland County Cler UNIT # T-1 T-2 U-1 U-2 V-1 V-2 W-1 X-1 X-2 Y-1 Midland County Clerk Unofficial Copy Y-2 Z-1 UNIT TYPE SQ. FT.
% OF TOTAL C-R 592.9 .9615385 с 592.9 A 592.9 A-R B B-R C C-R A-R A 592.9 592 Midland County Clerk Unofficial Copy C-R 592.9 .9615385 .9615385 .9615385 .9615385 .9615385 92.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 Midland County Cler 592.9 .9615385 A 592.9 Z-2 .9615385 A-R 592.9 AA-1 .9615385 B 592.9 AA-2 .9615385 B-R 592.9 BB-1 .9615385 BB-2 CC-1 DD-2 EE-1 EE-2 CC-2 Midland County Clerk Unofficial Copy C-R C B-R A FF-1 B C-R A-Midland County Clerk Unofficial Copy C 592.9 .9615385 592.9 .9615385 592 .9615385 .9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 Midland County Cler B 592.9 FF-2 .9615385 B-R 592.9 GG-1 .9615385 C 592.9 GG-2 .9615385 C-R 592.9 HH-1 .9615385 A-R HH-2 II-2 5 5 5 Midland County Clerk Unofficial Copy A II-1 B-R B B B-R A 592.9 592.9 592 * Midland County Clerk, Unofficial Copy 또 .9615385 .9615385 592.9 .9615385 2.9 .9615385 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 Midland County Cler 592.9 .9615385 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" Midland County Clerk Unofficial Copy UNIT # GOLDEN
5385 592.9 .9615385 Midland County Cler 592.9 .9615385 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" Midland County Clerk Unofficial Copy UNIT # GOLDEN 3100 WEST MIDLAND Midland UNIT TYPE S 79701 VOL 3 PAGE 139.
Clerk Unofficial Midland County Cler SQ. FT.
% OF TOTAL 00-2 PP.
Midland County Clerk Unofficial Copy -2 QQ-1 MM-1 MM-2 NN-1 NN-2 00-1 C 592.9 .9615385 C-R 592.9 .9615385 A 592.9 .9615385 A-R 592.9 .9615385 A A-R B-R B C-R QQ-2 C 0 RR-1 RR-2 Midland County Clerk Unofficial Copy 592.9 .9615385 592.
.9615385 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385 592.9 .9615385.
land County Cler A 592.9 SS-1 B 592.9 .9615385 SS-2 B-R 592.9 .9615385 TT-1 TT-2 UU-1 WW-2 XX-1 XX-2 YY-1 YY-2 ZZ-1 UU-2 VV-1 Midland County Clerk Unofficial Copy B C-R Midland County Clerk Unofficial Copy A-R с 592.9 .9615385 C-R 592.9 .9615385 A 592.9 .9615385 A-R 592.9 .9615385 B-R 592 .9615385 2.9 .9615385 592.9 .9615385 C 592.9 .9615385 592.9 .9615385 592.9 B 592.9 .961538nd County Cler B-R 592.9 .9615385 A 592.9 .9615385 ZZ-2 A-R 592.9 .9615385 104 Midland County Clerk Unoffici Midland County Clerk Unofficial Copy 61,661 Midland County Clerk Unofficia Midland County Clerk Unofficial Copy 100% Midland County Cler Midland County Cler" VOL 3 PAGE 140 Midland County Clerk Unofficial Copy Mielland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 51.1.
TYPE Sq. Ft.
"A" 592.9 Midland County Clerk Unofficial Copy 24.2 Midland County Clerk Unofficial Copy 24.0 24.2 TYPE "A-R Sq.Ft covered 37.5 Clerk Unofficial Copy Midland Co2.
1.0 porch 12.0 13.6 Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy 25.2 26.7 Or Midland County Clerk Unofficial Copy FLOORPLAN EN MIDLAND, E "A" PARK TEXAS
orch 12.0 13.6 Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy 25.2 26.7 Or Midland County Clerk Unofficial Copy FLOORPLAN EN MIDLAND, E "A" PARK TEXAS SCALE 1" 6' &c "A-R" Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler" "" Midland County Clerk Unofficial Copy 25.7 VOL 3 PAGE 4 HL Midland County Clerk Unofficial 24 Midland County Clerk Unofficial Copy covered porch Midland County Clerk Unofficial Copy 25.3 24.5 25.3 5.0 TYPE "B" Sq.Ft. 592.9 24.5 Midland County Clerk Unofficial Copy 24.2 24.2 Covered Porch TYPE S Midland County Clerk Unofficial Copy 592.9 24.5 26.1 5.0 Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy FL 24.2 25.7 Midland County Clerk Unofficial Copy RPLAN TYPE GOLDEN MIDLAND, Scale PARK TEXAS 1" 6' & "B" Midland County Clerk Unofficial Copy "B-R" Midland County Cler Midland County Cler" Midland County Cler VOL 3 PAGE 142.
Midland County Clerk Unofficial Copy 25.7 Midland County Clerk Unofficial Copy 24 Midland County Cler S Midland County Clerk Unofficial Copy covered porch 3.7 23.7 TYPE "C" Sq.Ft. 592.9 Midland County Clerk Unofficial Copy 24.2 Midland County Cler 4..0 17.0 Midland County Clerk Unofficial Copy 1.7 TYPE Sq.F 11.4 Midland County Clerk Unofficial Copy 592.9 2.-0 9.2 8.5 13.1 Midland County Clerk Unofficial Copy 24.0 25.7 FLOORPLAN TYPE GOLDEN MIDLAND, County Clerk Unofficial Copy Midland TEXAS Scale 1" = 6' "C-R" Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy VOL 3 EXHIBIT "C" (Consisting of 9 Midland County COPY AGE 143
py Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy VOL 3 EXHIBIT "C" (Consisting of 9 Midland County COPY AGE 143 Unofficial Copy, Credes) Midland County Cler BY-LAWS OF "GOLDEN PARK" A Condominium Apartment Project) MARK DOORNENBAL, (hereinafter referred to as "Developer"), being the sole own in fee simple of the project tract of land Y GODY the provisions of the Condominium Act of property Midland County Clerk Cinafter referred to as the "Act"), for, regime to be known as "Golden Park" Enabling Declaration (hereinafter defined, described and provided for in the Unofficial ( administration of such condominy tee does hereby adopt the compliance with said Act.
following Midland ARTICLE I.
NAME State of ablishment of a more particularly regoing and attached as the "Declaration"), which shall govern the egime as provided for and in This condominium apartment project and the condominium regime established under the Declaration to which these By-laws pertain shall be known as "Golden Park".
Midland County Cler ien Midland County Clerk Unoff ARTICLE II.
ADMINISTRATIVE BODY Council of Co-Owners. Each Owner of Park shall automatically be a Co-owners" (hereinafter referred to as the governing and administrative body protection, preservation, upkeep, mais replacement of the common Copy the "Council of which shall be all unit owners for the with the provisions of that partment unit in administration of the repair, protection and and the government, operation and regime established in accordance Declaration and the Act, and shall remain a member thereof until such time as his ownership ceases for any reason. Upon any transfer of ownership of any apartment unit,
egime established in accordance Declaration and the Act, and shall remain a member thereof until such time as his ownership ceases for any reason. Upon any transfer of ownership of any apartment unit, howsoever accomplished, the new unit owner acquiring or succeeding to such ownership interest, shall likewise automatically succeed to such ownership interest, shall likewise automatically succeed to such membership in the Council.
2. Annual Meetings.
The first annual meeting of the Council shall be on such date and at such time and place as shall be specified annual in a notice which Developer shall give to each unit owner.
tice of shall give to each unit own This serial & the Board of Administration, or its determine, or on such date and at such time and Midland County Clerk Council may decide upon at any annual meeting after the Council may transact any business who before the meeting.
3. Special Meetings.
called by the President or of Administration, or by Midland County shall and place as the At any annual meeting may be properly brought cial meetings of the Council may be majority of the members of the Board It owners having at least 25% of the votes entitled to be cast at such meeting. Notices of special meetings shall be in writing and may be mailed or personally delivered, and each shall state the date, time, place and purpose of the meeting. No business shall be transacted at any special meeting which is not generally stated in the notice, unless unit owners representing at least 55 votes, either in person or by proxy, transaction of such business.
Midland County Clerk Unofficial Copy consent Midland County Clerk Unofficial Copy to the Midland County Cler Midland County Cler Midland County Cler" Midland County Cler Midland County Cler VOL 3 PAGE 144
and County Clerk Unofficial Copy consent Midland County Clerk Unofficial Copy to the Midland County Cler Midland County Cler Midland County Cler" Midland County Cler Midland County Cler VOL 3 PAGE 144 Midland County Clerk Unofficial Copy shall be one hundred four (104) County Clerk Unofficial Copy 4.
Votes.
The aggregate imber of votes for all Unit Owners shall be divided proportionately among the respective unit owners in accordance with and in proportion to their respective ownership interest in the common elements as allocated to each unit in Exhibit "B" of the Declaration. Votes at any meeting may be cast in person or by proxy. The Developer, through any officer or representative, may cast the votes allocated to the apartment units owned by it.
Definitions.
5. Quorum A quorum of unit owners for any meeting shall be constituted by unit owners represented in person or by proxy and holding more than 50% of the total votes of all owners, as allocated to each unit owner in the By-laws.
any meeting of the Council cannot be quorum lacking, then by majority vote of the in person or by proxy, the meeting may be eith Midland County Clerk, Unofficial these because a present, to the same ar of a date not less than ten (10) nor more than thirty (30) days from the date on which such meeting was to have been originally held, and at any such adjourned meeting a um shall be constituted by unit owners present in person or by and holding more than 40% of the total votes or all unit No new notice of such adjourned meeting need be given if it to be held at the same place of the originally scheduled meeting. The term "majority vote" as used in these By-laws shall mean a simple majority, that is more than 50% of the votes cast at any meeting. The term "majority of owners or unit
iginally scheduled meeting. The term "majority vote" as used in these By-laws shall mean a simple majority, that is more than 50% of the votes cast at any meeting. The term "majority of owners or unit owners" as used in these By-laws shall mean the owner or owners of apartment units who in the aggregate own more than 50% interest in the common elements as allocated to the unit owners in Exhibit "B" of the Declaration.
6. Order of Business.
of the Council hall be as majority vote the meeting.
objection 'the former.
Midland County Clerk Un The order of business at all meetings determined by the presiding officer or The latter shall govern in ARTICLE III.
of any BOARD OF A Clerk Unofficial Copy 1. Composition. - At the LON annual meeting of the Council, it shall elect a Board of Admion (hereinafter referred to as the "Board") which shall be composed of not less than three (3) persons. At least two (2) of the Board members shall be persons owning or having an ownership interest in an apartment unit. If the owner of any apartment unit is a corporation, partnership, trust other legal entity, a Board member may be an officer, director, partner or beneficiary of such unit owner. At each subsequent annual meeting of the Council, it shall elect new members to the Board in place of those whose terms have expired.
2. Duties and administer rights, or By-l Authority.
or The Board shall manage and , and authority given to it by the Act, ✓ Declaration in addition to the following: Midland County Clerk Unofficfairs of the Council and shall have all sout (a) To elect officers of the Council as (b) (c) To administer the affairs of elements of the project ty.
Clerk Unofficial einafter provided.
Council and the common Midland County cause to To keep or kept sufficient books and records
ncil as (b) (c) To administer the affairs of elements of the project ty.
Clerk Unofficial einafter provided.
Council and the common Midland County cause to To keep or kept sufficient books and records with a detailed account of the receipts and expenditures affecting the project buildings, and its administration and specifying the maintenance and repair expenses of the common elements. Both the books and vouchers accrediting the entries made thereon shall be available for examination by all co-owners at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good accounting procedures and be audited at least once a year by an auditor of the as provided by the Act.
Midland County Clerk Unofficial Copyganization, 2 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy (d) To engage (e) VOL 3.
Midland County Clerk Unofficial Copy a PAGE 145 manager or managing agent who the servi shall manage and perate the Common Elements for all of the unit owners, upon such terms and for such compensation, and with such specific duties and authority as the Board may approve or as may be specified in the contract of employment executed by the Board in behalf of all unit owners.
compensation paid to the managing agent shall be part of the common expenses.
The To formulate and enforce policies for the administration, management and operation of the common elements , without owner or other person of the rights Iving any unit and/or privileges given to him by the Act or the in respect to the common elements.
Midland County Clerk Unofficial Copy (g) Clerk Unofficial Ceclaration (f) To provide for the maintenance, repai
unit and/or privileges given to him by the Act or the in respect to the common elements.
Midland County Clerk Unofficial Copy (g) Clerk Unofficial Ceclaration (f) To provide for the maintenance, repai and replacement of the common the project property, and make payments therefor.
(h) (i) To delegate any upkeep, protection, and insurance for pprove payment vouchers and Midland County Es duties, powers and authority to the manager or managing agent employed by the Board.
To adopt an annual budget for the estimated common expenses each year, and to provide the manner of assessing and collecting from the unit owners their respective pro-rata common expenses, as hereinafter shares of such estimated provided.
To provide for the designation, hiring and removal of and other personnel, including bookkeepers and others, and in general to make purchases of and/or services for the Midland County Clerk Unofficial becountants, and to engage or contract for the vices of replacement, administration. Ceffic material common elements.
(j) In general, the Board authority to do all Act, Declaration exercised exclus Clerk repair, operation of the ave all such duties, rights and acts and things as are not by the these By-laws directed to be done or or Council which by the unit owners shall be necessary or reasonably required for the successful and orderly administration, management and operation of the condominium regime established by the Declaration to which these By-laws pertain.
3. Term of Office. At the first meeting of the Council at which Board Members are elected, the term of office of one (1) Board member shall be fixed for two (2) years, and the term of office of all At the expiration other Board Members shall be fixed at one (1) year.
of the
ers are elected, the term of office of one (1) Board member shall be fixed for two (2) years, and the term of office of all At the expiration other Board Members shall be fixed at one (1) year.
of the term of office of each respective Board Member, his serve a term of two Be Members shall hold office for their ffibial yea their successors have been elected and hold Midland County Clerk/ccessor shall be elected to 4. Vacancies.
Vacancies in other than the removal of a Board The terms and until first meeting.
be filled for the unexpired to the caused by any reason remaining Board Members, by vote of the Council shall by vote of the majority of the elected shall be a Board Member until a successor is elected at the next annual meeting of the Council or special meeting called for that purpose.
quorum; and each person enthough they may constitute less than a 5. Resignation. Any member of the Board may resign at any time by giving written notice of resignation to the President or any other officer of the Council.
6. Automatic Resignation and Removal.
If any member of the Board who was the owner of an apartment unit or interest therein at the time his election or appointment to the Board, shall at any Midland County Clerk Unofficial Copy 3 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler" VOL 3 PAGE 146 Midland County Clerk Unofficial time sell or otherwise disponidland County Clerk Unofficial Copy of or voluntarily or involuntarily cease to be the owner of such apartment unit or interest therein during his term of office, then upon such termination or cessation of his ownership interest in such apartment unit, such member shall
cease to be the owner of such apartment unit or interest therein during his term of office, then upon such termination or cessation of his ownership interest in such apartment unit, such member shall automatically be deemed to have effectively resigned from the Board and he shall automatically be removed therefrom.
7. Removal by Council - At any regular or annual meeting or at any special meeting called for that purpose, the Council majority vote may by remove any one or more members of the Board, with or without cause, successor or successors shall, there be fill the vacancy or vacancies thus the unexpir} term of the Board Member or Members Member removal has been proposed shall be giv Midland County Clerk Unded that a to.
8.
heard at such meeting.
Organizational Meeting. The and fofficiated, for Clerk Any Board an opportunity elected Board shall be held within trust meeting of the newly days of election at such place as they shall fix at the meeting at which they were elected, and no notice shall be necessary toe newly elected Members in order to legally constitute such meeting, providing a majority of the whole Board shall be present.
9. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined from time to time by a majority of the Board Members, but at least two (2) such meetings shall be held during each fiscal year. Notice of regular meetings shall be given to each Member personally or by mail, telephone or telegraph, at least three (3) days prior to the day designated for such meeting.
called case 10.
Sal Copy Meetings.
Special meetings of the Hoe President on three (3) days notice to be regular meetings, stating the time, date, Midland County Secretary g.
may be Special meetings shall be calleUnofficial Copy
etings.
Special meetings of the Hoe President on three (3) days notice to be regular meetings, stating the time, date, Midland County Secretary g.
may be Special meetings shall be calleUnofficial Copy in like manner and on like notices at least 50% of the Board Members.
11. Waiver of Notice.
en as in the and purpose of the President or any member may verbally or in and County the written request of Beft or at any meeting of the Board Ling waive notice of the time, date, place and purpose of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Member of the Board at any meeting of the Board shall be deemed as a waiver of the required notice of such meeting. If all the Members of the Board are present at any meeting, no notice thereof shall be required and any business may be transacted at such meeting.
12. Quorum. At all meetings of the Board a majority of the members shall constitute a quorum for the transaction of business, and the acts and decisions of the majority of Board Members meeting at board.
Midland County Clerk Unofficial Copy be 1. Designation.
quorum is present shall be the acts of ARTICLE IV.
any entire The County Clerk send a president, one or more OFFICERS treasurer, and the office of se the same time by the same person.
judgment may be necessary.
officers of the Council shall a secretary and a and treasurer may be held at secretary and assistant treasurer and such other officers as in their The Board may appoint an assistant 2. Election of Officers. The officers of the Council shall be elected and appointed annually by the Board at the organizational meeting of each new Board and they shall hold office at the pleasure of the Board.
3.
majority of Removal Officers.
members of the Upon an Board, or
inted annually by the Board at the organizational meeting of each new Board and they shall hold office at the pleasure of the Board.
3.
majority of Removal Officers.
members of the Upon an Board, or Midland County Clerk Unofficial Copy 4 affirmative vot by majority a of the Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler" Midland County Clerk Unofficial Copy VOL 3 PAGE 147 eleCounty Clerk Unofficial Copy Council at any meeting, any officer without cause, and his successor be removed, either with or at any regular meeting of the Board or at any special meet in called for such purpose.
4. President. The President shall also be a member of the Board. He shall be the chief executive officer of the Council and He shall shall preside over meetings of the Board and of the Council .
have all the general powers and duties which are usually vested in the office of the president of an organization, including, but not limited to, the power to appoint committees for various purposes as he shall deem appropriate.
the or unable 5. Vice-President. The vice-president shall take the place of act.
Secretary. The secretary shall keep general perform all the duties incident The Secretary may be the managing Midland County Clereetings of the Board and of all meetings of managing agent.
7. Treasurer.
absent • Douncil Copy: Clerk The Treas Cove minutes of all he shall in office of Secretary.
or a representative of the er shall have responsibility for the Council funds and securitiestend shall be responsible for keeping the financial records and books of account.
8. Vacancies. Vacancies in any office may be filled by the
l have responsibility for the Council funds and securitiestend shall be responsible for keeping the financial records and books of account.
8. Vacancies. Vacancies in any office may be filled by the Board at any meeting thereof.
The officers shall receive 9. No Compensation.
compensation for their services as such, except that if the managing agent holds any office he may be paid for his services as managing agent, including performance of the duties of his office.
Midland County Clerk Unofficial Copy Budget.
ARTICLE V.
ASSESSMENTS (a) The Board prepared, an estimated annual budget Council. Such budget shall take expenses and cash requirements shall Unofficial Copy to be | County Clerk reemes, cause or epare each fiscal year of the account the estimated common the year, including salaries, materials, parts, services, insurance, water landscaping, wages, payroll taxes, maintenance, repairs, service, power and other common utilities, management fees and other common expenses. The annual budget shall also take into account and provide for a reserve for contingencies for the year and a reserve for replacements of the common elements, in reasonable amounts as fixed by the Board. Any surplus or deficits in regards to previous budgets shall also be considered.
(b) The annual budget as estimated by the Board for each fiscal year shall be approved by the Board, and copies thereof shad be furnished to each Unit Owner not later than ninety such year.
Unless the Board (90) after the beginning of determines, each fiscal year shall be of each calendar year, beginning on Midland County Clerk Copy al last day of December of the succeeding calen designate a different fiscal year at its Pasure.
2. Obligation of Unit the first month and on each the annual budget, each ach whersounty.
ty Clerk Copy al last day of December of the succeeding calen designate a different fiscal year at its Pasure.
2. Obligation of Unit the first month and on each the annual budget, each ach whersounty.
year.
first day of 1, 1992 to the The Board may On or before the first day of month of the year covered by owner shall pay to the managing agent or the Board or such person as the Board may designate, as his respective monthly assessment for the common expenses, one-twelfth (1/12) of his proportionate share of the common expenses for such year as estimated Such proportionate share for each in and shown by such annual budget.
unit owner shall be in the ratio of his respective ownership interest set for in Exhibit "B" of the Declaration in the common elements as The Board, managing agent or and as provided for in the Declaration.
collect and receive such monthly other authorized assessments shall receive and hold the same in trust person Midland County Clerk Unofficial Copy to 5 as trustee for Midland County Clerk Unofficial Copy no Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler" VOL 3 PAGE 48 Midland County Clerk Unofficial Copy idland County Clerk Unofficial Copy each of the unit owners and use, disburse, pay and expend the same for the purposes authorized by said Act, Declaration, these By-laws or resolution of the Council of Co-owners, for the mutual and common good and benefit of the Unit Owners. The Board of managing agent may cause a statement to be sent to each unit owner for his respective assessment each month, but the failure to send or receive any such statement during any month shall not relieve the obligation or excuse the failure to pay same or any part thereof. In the event that
assessment each month, but the failure to send or receive any such statement during any month shall not relieve the obligation or excuse the failure to pay same or any part thereof. In the event that the Board shall not approve an estimated annual Budget for any year, or until such time as the Board approves an estimated annual Budget for a new Wfiscal year and notifies each unit owner of each unit owner shall continue to pay each month the amount of his respective assessment as last determined. No un owner shall of his obligation to pay his assessments for common by abandoning or not using or Occup be Midland County thly the apartment to him or by waiving or abandoning rights or privileges use or enjoy the common elements or any the duty of each and every unit y Clerk ho other circumstances so long as his ownerife thereof, nor under any A ratio ip continues. It shall be pay his proportionate share of the common expenses, in as his percentage of ownership interest in the elements as set for in the Declaration, whether or not a statement for such monthly assessment is sent or received. If any unit owner shall fail or refuse to pay his pro-rata part of the common expenses, or any par thereof, the amount thereof unpaid shall constitute a lien against his apartment unit, subject to certain prior liens and subject to foreclosure as provided for in the Declaration.
common 3. Supplemental Budget.
element Copy In the event it shall appear to the Board that the estimated annual budget for any fiscal year inadequate to the estimated common expenses in respecte or the project property or other 。 Dents lawfully agreed to by the Council or the Midland County get Midland County.
with the provisions of the Act or Board shall prepare or cause to be prepared a
cte or the project property or other 。 Dents lawfully agreed to by the Council or the Midland County get Midland County.
with the provisions of the Act or Board shall prepare or cause to be prepared a to cover the estimated deficiency fiscal year and each unit owner shall proportionate part of such be the special owners in then the estimated as established in the Declar. Own Lounta ration of his percentage of 4. Capital Expenditures the remainder of the assessed and pay his annual budget in the interest in the common elements Contracts.
Same The Board shall not approve any capital expenditures for new improvements on any part of the common elements, excluding repair or replacement of existing improvements, in excess of Ten Thousand Dollars ($10,000.00) nor enter into contracts for more than three (3) years, without the approval of the unit owners or owners who in the aggregate own more than 50% of the common elements.
5.
budget or or or minsment During Period of Temporary Administration.
Grelaws; common budget for the common expenses shall prepared or during the limited period of De No temporary as and these of temporary assessed against each of this condominium project by the Administrator, as provided for in the De however, during this limited administration by the Developer there unit owner, and each unit owner shall grees to pay, his pro-rata share, in proportion to his percentage of ownership interest in the common elements (as set out in Exhalet "B" of the Declaration), of the expenses actually incurred by the Developer, as temporary administrator, for maintenance, repairs, upkeep, replacement, and other service to the common elements, as well as for insurance, water, power, and other common utilities or services, and such other expenses
trator, for maintenance, repairs, upkeep, replacement, and other service to the common elements, as well as for insurance, water, power, and other common utilities or services, and such other expenses as the Developer shall actually incur as Temporary Administrator which constitute "common expenses" under the provisions of said Act, Declaration or these By-laws, except, however, that no assessment during such period of temporary administration shall include any expense incurred by Developer for the services of any temporary managing agent employed by it, nor shall the same compensation for Midland County Clerk Unofficial Copy services of Developer as Temporary Adminis 6 include Midland County Clerk Unofficial Midland County Cler Midland County Cler Midland County Cler" Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland to VOL 3 PAGE 149 Clerk Unoffic orary administration by the During the limited period of said t Developer, the Developer shall from me to time, as it shall deem a written each unit owner, to be send cause or common proper, the nature and amount of the statement which shall set temporary administrator for the expenses incurred by Developer as period of time specified in each statement, and each such statement as assessment against each apartment unit and sent shall constitute an unit owner for its and his pro-rata share of such common expenses .
to the assessment of his shall the amount Each unit owner pay Developer within fifteen (15) days after the date each statement is sent. Each assessment thus made shall constitute a lien against each same extent as the liens same manner and to the apartment in the provided for in the Declaration to secure the payment of for common expe Clerk Drafficial Midland County Clerke Copyses.
n against each same extent as the liens same manner and to the apartment in the provided for in the Declaration to secure the payment of for common expe Clerk Drafficial Midland County Clerke Copyses.
assessments ministration proposerk Unopy or prior to the termination of the temporary.
by Veloper, the Developer shall prepare or cause copies to each unit owner (in person or address of each apartment unit), a annual budget for the first fiscal following termination Developer, which the of suggested or prepared and same to the or suggested estimated the Council of Co-owners administration by the considered, adopted or elected Posed estimated budget may be whole or in part by the first Board The duty of Developer, as temporary of Administration to be administrator, to pay for common expenses and to make and collect assessments therefor shall cease and terminate at the same time the temporary administration by it ceases and terminates as provided for in the Declaration and/or in these By-laws, and thereafter, it shall be the duty of said Board of Administration to adopt an estimated annual budget for each fiscal year and to make and collect assessments accordance for common expenses Declaration and these By-laws.
Midland County Clerk Unofficial Copy 1.
purpose in ARTICLE VI.
with the RULES OF CONDUCT provisions Clerk Unofficial Copy The apartment units shall be used authorized in the or purposes immoral, noxious or offensive activit apartment unit anything be done therein or or of the Occupied only for the claration. No unlawful, elsewhere oncollies shall be carried on in any Con He project property, nor shall or cause unreasonable noi Ride which shall constitute a nuisance disturbance to others.
store any signs, 2. Unit owners shall not display, hang, or
carried on in any Con He project property, nor shall or cause unreasonable noi Ride which shall constitute a nuisance disturbance to others.
store any signs, 2. Unit owners shall not display, hang, or clothing, sheets, blankets, laundry or other articles outside his unit; nor shall any unit owner paint or decorate or adorn the outside walls of the apartment building, or install outside his unit any canopy or awning or other equipment, fixtures or items of any kind, without the prior written permission of the Board.
as a office gns 3.
The Developer may use any apartment unit or units it may own the period of time it owns any apartment for sale, and it may place or affix an on the door or hallway outside such property to advertise the same, and during on the property may be maintained.
Midland County Clerk apartment" for display to the public and/or as a sales 4.
Each unit owner condition and in good repair the common elements.
5.
partments County Clerk appropriate sign or shall Midlant intain his on the project period existing signs apartment in good at his own expense, excepting Midland County Cler Midland County Cler Midland County Cler shall not be obstructed, damaged or unreasonably interfered with by any unit owner.
The use, maintenance and operation of the common elements Midland County Cler 6. Trash, garbage and other waste shall be kept in sanitary containers while in any apartment and shall be disposed of in the otherwise directed by garbage disposal installations provided or the Board or Managing Agent.
Midland County Clerk Unofficial Copy as Midland County Clerk Unofficial Copy Midland County Cler VOL 3 PAGE 150.
Midland County Clerk Unofficial Copy dland County Clerk Unofficial Copy 7. In the event of nstruction, during such period, the
Midland County Clerk Unofficial Copy Midland County Cler VOL 3 PAGE 150.
Midland County Clerk Unofficial Copy dland County Clerk Unofficial Copy 7. In the event of nstruction, during such period, the Developer and its employees, agents, representatives, contractors or sub contractors, and other persons authorized by Developer, and their agents and employees, shall be entitled to access, ingress and egress to said project property, as may be required in connection with such construction or completion of construction.
8. No unit owner shall do anything which would change the appearance of any area outside his apartment, or any part of the common elements, without the prior written consent of the managing agent in such or Unofficialled Midland County Clerk Unofest obtained, and then only in the manner ARTICLE VII.
TEMPORARY ADMINISTRATION BY.
During the limited period of condominium regime and the orary administration of this property by the Developer, as the Developer shall constitute and represent and act as the Council of Co-owners and shall exclusively have and exercise all powers, rights, authority and duties of the Council of Co-owners, and the Developer may in its discretion delegate all such powers, rights, authority and duties to a temporary managing agent whom it may designate. Such managing agent shall also constitute and exclusively act as, and represent and have all of the powers, rights, authority, duties and functions of the Board of Administration during the period of such temporary administration by Developer.
provided for in the Declarand County OPER Midland County Clerk Unofficial Copy ARTICLE VIII.
RESOLUTIONS Clerk Unofficial Copy Resolutions adopted by the Board from ti The Declaration or By-laws or in the to time, pursuant to
rand County OPER Midland County Clerk Unofficial Copy ARTICLE VIII.
RESOLUTIONS Clerk Unofficial Copy Resolutions adopted by the Board from ti The Declaration or By-laws or in the to time, pursuant to not amend these By-laws need not be free of its duties which do thereof shall be kept in the minute records, but the records IX.
AMENDMENTS These By-laws may be amended or modified from time to time by action or approval of a majority of the unit owners (as such majority is defined in these By-laws), but no amendment, change or modification shall be made which would conflict or be inconsistent with the Declaration or any of its provisions, except in the manner required for amendments to the Declaration. Such amendments shall be record in the Office of the County Clerk of Midland The term these By By mainity of unit owners" or "majority of owners".
as for Clerk fauexas.
and in the Declaration, means the owner who in the aggregate own more allocated to the unit Midland County Claration.
ARTICLE owners than 50 Midland County CAGES in used in owners of common of the Exhibit "B" of the 1. An owner who places a mortgage or other lien on his unit shall notify the Board, or Management Agent, if any, of the name and address of his mortgagee, and the Board shall maintain such information in a book which shall be kept for that purpose.
2. At the request of any Mortgagee of an unit, the Board or Managing Agent shall report any unpaid assessment due from the owner of such unit.
Midland County Clerk Unofficial Copy 8 Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy VOL 3 PAGE 151 County Clerk Unofficial Copy ARTICLE XI MidANCE
Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy VOL 3 PAGE 151 County Clerk Unofficial Copy ARTICLE XI MidANCE These By-laws are set forth to comply with the requirements of In case these By-laws the Act and the provisions of the Declaration.
or any part thereof conflict with any of the provisions of said Act or Declaration, it is hereby agreed and accepted that the provisions of the Act and/or Declaration shall govern and be controlling.
DATED AND ADOPTED by the undersigned, sole owner in fee simple of GOLDEN PARK CONDOMINIUM PROJECT, this the 26 day of December, 1991.
Midland County Clerk Unofficial Copy THE STATE OF CALIFORNIA § COUNTY OF STANISLAUS & § Mark Donald MARK DOORNENBAL Midland County Clerk Unofficial Copy ACKNOWLEDGI This instrument was acknowledged before me December, 1991, by MARK DOORNENBAL.
Midland County Clerk Unofficial Commission Expires: 3-17 .95 on the 267 day of Notary Public in and for the State of California VINCENT Notary's Printed Midland County Clerk Unofficial Copy Official Seal - Notary Public VINCENT UTTER Stanislaus County My Commission Expires 3/17/95 Midland County Cler Midland County Cler Midland County Cler Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Cler Midland County Cler" VOL 3 PAGE 176-DEED OF TRUST PAGE 152 Clerk Unofficial Copy Cler ised 5-83) EXHIBIT "D" (Consisting of 3 Pages Midland Couhe State of Texas, County of That F Midland County Clerk Unofficial Copy TEXAS STANDARD FORM All Men by These Presents:.
Midland County Cler of County, Texas, hereinafter styled parties of the first part, (and considered in the
f That F Midland County Clerk Unofficial Copy TEXAS STANDARD FORM All Men by These Presents:.
Midland County Cler of County, Texas, hereinafter styled parties of the first part, (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by Trustee, party of the second part, of County, Texas, the receipt whereof is hereby acknowledged, and of the further consideration, uses, purposes and trusts herein set forth and declared, have Granted, Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien and Confirm, unto the said party of the second part, and also the Substitute Trustee, as hereinafter provided the following described property, lying and situated in the Midland County Clerk Unofficial Copy in the State of Texas, to-wit: Midland County Clerk Unoff Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficia Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy together with all improvements thereon, or hereafter to be placed thereon, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining.
TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend the premises aforesaid, and every part thereof, unto the said Trustee and to the Substitute Trustee, and to the assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim the same or any part thereof for and upon the following trusts, terms and conditions, to-wit: Midland County Clerk Unofficial Midland County Cler
t all persons whomsoever lawfully claiming or to claim the same or any part thereof for and upon the following trusts, terms and conditions, to-wit: Midland County Clerk Unofficial Midland County Cler Midland County Cler Midland County Cler AKNA Midland County Cler