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Midland County Clerk Unofficial Copy VOL 2 PAGE ✓ ENABLING FOR ESTABLISHMENT OF 46 CLARAT County Clerk Unofficial Copy 24168 INIUM REGIME FOR THE STATE OF TEXAS I COUNTY OF MIDLAND I SAGEWOOD CONDOMINIUM KNOW ALL MEN BY THESE PRESENTS: WHEREAS, E. R. GREGG, III, TRUSTEE, hereinafter called "Grantor", is the sole owner in fee simple of the real property hereinafter described upon which there is situated an apartment project consisting of eleven multiple unit apartment buildings containing a creational spaces, to 6. 9, one hundred individual apartments, one CONDONTIUM; and Midland County Clerk and one hundred sixty-one individual with certain other facilities and structures, TUM: thereto, which apartment project is known as WHEREAS, said Grantor now submits said improvements thereon to the condominium regime the Texas Condominium Act, in order to hereby.

Declaration a plan for the individual and of the separate real property freehold consisting of the area or space enclos reUnofficial and as herein defined, of each aparted Coed by by this ownership tates thereby created, within the boundaries, In said multiple unit apartment buildings and the co-ownership, as tenants in common, of all the remaining real property which is hereinafter defined as the "common elements" of the property: Now, therefore, in furtherance of said plan of condominium ownership and the purposes and intents hereof, said Grantor, the sole owner in fee simple of said property and improvements, hereby makes the following declarations as to the provisions, descriptions, definitions, restrictions, covenants, limitations, conditions, rights, privileges, obligations and.

liabilities which shall apply to, govern, control and regulate the sale, re-sale or other disposition, acquisition, ownership,

covenants, limitations, conditions, rights, privileges, obligations and.

liabilities which shall apply to, govern, control and regulate the sale, re-sale or other disposition, acquisition, ownership, use and enjoyment said property and improvements and the real and agreeing shall be be property free ates hereby established, hereby specifying sequendiconstitute covenants to run with the land and shal Midland County Cle said declarations and the provisions hereof Copy Unofficial Copy Grantor, his successors and assigns, and all Downers of all or any part of said real property provements, together with their grantees, successors ecutors, administrators, devisees, or assigns, 1. Said Grantor, in order to estable condominium ownership for the hereinbelow and improvements, hereby expressly submis improvements to the condominium regin Condominium Act, as now existing, Clerk rs, said plan of ibed property property and hereby covenant and agree that Enty established by the Texas amended, and does divides said real property into the following separate freehold estates, to-wit: (a) Each of the one hundred individual apartment spaces in said multiple unit apartment buildings hereinafter described shall constitute a separate freehold estate.

boundaries of each such apartment space shall be and are the interior surfaces of the perimeter walls, floors, ceilings, and the unit includes both the portions of the building so described The (REFILED TO AMEND ARTICLE III, ADMINISTRATION, ITEM 3, TO ADD DATE OF FIRST MEETING AND SUCCEEDING MEETINGS.)

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 2 and The Midland County Clerk Unofficial Copy Irspace so encompassed, excepting the common elem lividual ownership of each apartment space

fficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 2 and The Midland County Clerk Unofficial Copy Irspace so encompassed, excepting the common elem lividual ownership of each apartment space hall further include the interior construction, intended to exclusively serve such apartment walls, partitions, appliances, fixtures and 1 Fined Clerk Unofficial Copy erior dividing which are such as interior room walls, floors and ceiling covering of finish, closets, cabinets, shelving, individual bathroom and kitchen fixtures, plumbing and appliances, individual lighting and electrical fixtures, air conditioning and heating equipment and wiring (whether located within or outside of the perimeter boundary of said apartment), and other separate items or chattels belonging exclusively to such apartment which may be removed, replaced, disposed of or otherwise treated without affecting any other apartment space or the ownership, use or enjoyment thereof. None of the land in this project on which any apartment or carport or parking space is located shall be separately owned, as all land in this project shall constitute part of the "general common elements" of the property as hereinafter and shall be owned in common by the owners of the aparts in this condominium project.

(b) as described and de pective undivide eral common elements" of the property get Clerk Unofficial Copy in paragraph 11, below, and the restherein of each owner of an individual apartment spac shall constitute a freehold estate; and it is hereby cover inted and stipulated that each such undivided inter eral common elements shall be held and owned may not be sold, conveyed or otherwise disposed separate from the individual apartment to wr in the with en Midland County!

located.

2.

uch undivided inter eral common elements shall be held and owned may not be sold, conveyed or otherwise disposed separate from the individual apartment to wr in the with en Midland County!

located.

2.

For the purposes of this DeclaAidland on, it is the ownership of each 'apartment space" shall include the apartment space itself and the respective undivided interest in the general common elements allocated to the apartment space, and such apartment space and undivided interest in the general common elements shall together constitute an apartment unit.

3. The legal description of the land, known as the project tract of land, which together with all improvements thereon is hereby submitted to said condominium regime, is situated in Midland County, Texas, and is more fully described as follows: BEING a tract or of Midland, Midla arcenty, Texas, and being part of Lot 1, Block 26 addition to C, Slide and betðaþ Midland County Clerk of land situated in the City Crestgate Addition Section 11 an City of Midland as recorded in Cabinet the Map Records of Midland County, Texas, more particularly described as follows: at a point for corner in the westerly line North Midkiff Road, said point being North 15°11'1 West a distance of 15.0 feet from the the southerly projection of said westerly easterly projection of the northerly line Boulevard; tersectiny Caldera Clerk Unofficial Copy the THENCE in a southerly and westerly direction along the northwesterly cut-off line between the westerly line of North Midkiff Road and the northerly line of Caldera Boulevard and along a curve to the right having a radius of 15.0 feet, a central angle of 90° and an arc length of 23.56 feet to the end of said curve to the right in the northerly line of Caldera Boulevard, at the begin-

curve to the right having a radius of 15.0 feet, a central angle of 90° and an arc length of 23.56 feet to the end of said curve to the right in the northerly line of Caldera Boulevard, at the beginning of a curve to the left; Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 3 THENCE in a westerly and on County Clerk Unofficial Copy of Caldera Boulevard and having a radius of 460 ong the northerly line said curve to the left et, a central angle of 29° and an arc length of 21.83 feet to the end of said curve to the left; THENCE South 45°48'42" West continuing along the northerly line of Caldera Boulevard a distance of 308.85 feet to a point for corner; THENCE North 44°11'18" West a distance of 139.57 feet to an angle point; THENCE North 15°11'18" West a distance of 338.49 feet to a point for corner in the southerly line of Oakridge Drive; THEN Copy North 74°49'36" East along the southerly line of idge Drive a distance of 560.8 feet to the a curve to the right; Midland County Clerk Unofficeidge Unicial Copy THENCE in an easterly and southerly ly line southwesterly cut-off line between the sou of Oakridge Drive and the westerly the North Midkiff Road and along said curve to the righ having a radius of 15.0 feet, a central angle ti length of 23.56 feet to the right in the westerly line 59'06" and an arc Of said curve to the North Midkiff Road; Midland THENCE South 15°11'18" East along the westerly line of North Midkiff Road a distance of 223.0 feet to the PLACE OF BEGINNING and containing 4.4881 acres.

Said land is described in Exhibit 1 attached hereto and made a part hereof by reference.

4. There is attached to this Declaration and made a

feet to the PLACE OF BEGINNING and containing 4.4881 acres.

Said land is described in Exhibit 1 attached hereto and made a part hereof by reference.

4. There is attached to this Declaration and made a part hereof as Exhibits 2 and 3 hereto, a survey plat which depicts said land as above described and the location of each of the eleven multiple unit apartment buildings, shown and denoted as Building A; Building B, etc. and the recreation building.

5.

the recreation plat are leven multiple unit apartment buildings, and rally described as follows: Building A. This building has two stories and eight studio-type apartments; it has a total Midland County Clerk Unofficial building, shown and denoted on the above mentioned area of ,816 square feet, of which 6,544 square feet are thin the apartments; it is constructed of wood framing, Midland County Clerk Unofficial Copy and wood siding, pitch tile roof, and concret Building B. This building tains four apartments on each floors of 5,264 square feet, of which Dination brick Slab foundation.

✓ No stories and conhas a total floor area square feet are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Building C. This building has two stories and contains six studio-type apartments; it has a total floor area of 6,438 square feet, of which 6,282 square feet are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Midland County Clerk Unofficial Copy (3) Midland County Clerk Unofficial Copy VOL 2 PAGE Midland County Clerk Unofficial Copy 6,438 square feet, of which 6,282 square f stond County Clerk Unofficial Copy Building D. This building has two

(3) Midland County Clerk Unofficial Copy VOL 2 PAGE Midland County Clerk Unofficial Copy 6,438 square feet, of which 6,282 square f stond County Clerk Unofficial Copy Building D. This building has two tains six studio-type apartments; it has a and conFloor area of are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Building E.

This building has two stories and contains eight apartments on each floor; it has a total floor area of 13,063 square feet, of which 10,992 square feet are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Building F.

This building has two stories and contains four apartments on each floor; it has a total floor area of 5,264 square feet, of the apartments; it is brick and wood siding, dation.

of wood framing, combination tile roof, and concrete slab founBuildoffice 68 square feet are within This building has two stories and contains four anestments on each floor; it has a total floor area of 5,264 Suare feet, of which 4,968 square feet are within the bri on.

wood siding, pitch tile roof, and concrete rounMidlandents; it is constructed of wood framing, combinan Building H. This building has two kies and contains four apartments on each floor; it has floor area of 5,264 square feet, of which 4,968 square feet are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Building I. This building has two stories and contains four apartments on each floor; it has a total floor area of 7,168 square feet, of which 6,840 square feet are within

oncrete slab foundation.

Building I. This building has two stories and contains four apartments on each floor; it has a total floor area of 7,168 square feet, of which 6,840 square feet are within the apartments; it is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

Building J. This 6,816 square feet, of who ding has two stories and contains eight studio-type aptements; it has a total floor area of 6,544 square feet are within the apartments; it is and wood siding, tile roof, and concrete slab foundation.

11. sructed of wood framing, combination brick K. This building has two stories and contains eignents on each floor; it has a total floor Clerk Unofficial Copy of 13,06 square feet, of which 10,992 square feet are Cements; it is constructed of wood framing, comblerk Unofficial Copy the Midland County tion.

and wood siding, pitch tile roof, and concrete slab founRecreation Building. This And ding Midland has one story, as shown on Exhibit "4" attached hereto and is constructed of wood framing, combination brick and wood siding, pitch tile roof, and concrete slab foundation.

6.

The one hundred individual apartment spaces hereby established and which shall be individually conveyed and owned each have a direct exit to a thoroughfare or to a given common space leading to a thoroughfare, and they are described as follows: .

Midland County Clerk Unofficial Copy (4) Midland County Clerk Unofficial Copy VOL 2 PAGE 5 Midland County Clerk Unofficial Copy Apartment 101.

A studion and County Clerk Unofficial Copy apartment located on the first and second floors of Building as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has

nt 101.

A studion and County Clerk Unofficial Copy apartment located on the first and second floors of Building as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 102. A studio-type apartment located on the first and second floors of Building A as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 103. A studio-type apartment located on the first and second floors of Building A as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one cand-one-half bathrooms, a combination living room/dining a kitchen and a woodburning fireplace.

Unofficial Apartment 104. A studio-type apartment located, and second floors of Building A as shown on Midland County Ched hereto and contains 818 square feet.

This atment has Jone bedroom, one-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning one bedroom, one-and-one-half bathroomshibitinofficial Copy lace.

Apartment 105. A studio-type arement located on the first and second floors of Building attached hereto and contains 818 shown on Exhibit "A" feet. This apartment has room/dining room, a kitchen and a woodburning fireplace.

a combination living Apartment 106. A studio-type apartment located on the first and second floors of Building A as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one-and-one-half bathrooms, a combination living

ated on the first and second floors of Building A as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 107. A studio-type apartment located on the first and second floors of Building A as shown on Exhibit "A" attached hereto and contains 818 square feet. This apartment has one bedroom, one-and bathrooms, a combination living room/dining room first and ment 108.

and a woodburning fireplace.

A studio-type apartment located on the floors of Building A as shown on Exhibit "A" nty Clerk Unofficial Copy has This apartm ✓room, one-and-one-half bathrooms, a combination room, a kitchen and a woodburning Midland County Ceto and contains 818 square feet.

Apartment 109. Located on the first B as shown on Exhibit "B" attached hereto an ng or of Building Contains 621 square a combination feet. This apartment has one bedroom, on living room/dining room, a kitchen and woodburning fireplace.

Apartment 110.

Located Midland bathroom, the first floor of Building B as shown on Exhibit "B" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 111. Located on the first floor of Building B as shown on Exhibit "B" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Midland County Clerk Unofficial Copy (5) Midland County Clerk Unofficial Copy VOL 2 PAGE 6 Midland County Clerk Unofficial Copy Midland feet.

Apartment 112.

first, and County Clerk Unofficial Copy Located on the first.

of Building

l Copy (5) Midland County Clerk Unofficial Copy VOL 2 PAGE 6 Midland County Clerk Unofficial Copy Midland feet.

Apartment 112.

first, and County Clerk Unofficial Copy Located on the first.

of Building Mins 621 square B as shown on Exhibit "B" attached hereto and This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 209. Located on the second floor of Building B as shown on Exhibit "B" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 210.

Located on the second floor of Building B as shown on Exhibit "B" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 211.

B as shown on Exhibit "I feet. This ed on the second floor of Building living room Partmentached hereto and contains 621 square Bas feet.

bom, ✓ ment 212.

County Clerk one bedroom, one bathroom, a combination a kitchen and a woodburning fireplace.

Located on the second floor of Bungy Unofficial Copy on Exhibit "B" attached hereto and contains 621 is apartment has one bedroom, one bathroom, a combination room/dining room, a kitchen and a woodburning fire Apartment 113. A studio-type apartment ace.

first and second floors of Building C as shown attached hereto and contains 1,047 square feiland Couniva dated on the Exhibit "C This apartment has two bedrooms, two-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 114. A studio-type apartment located on the first and second floors of Building C as shown on Exhibit "C"

rooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 114. A studio-type apartment located on the first and second floors of Building C as shown on Exhibit "C" attached hereto and contains 1,047 square feet. This apartment has two bedrooms, two-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 115. A studio-type apartment located on the first and second floors of Building C as shown on Exhibit "C" attached hereto and contains 1,047 square feet. This apartment room/dining room, a has two bedrooms, the and Half bathrooms, a combination living da woodburning fireplace.

A studio-type apartment located on the first and second, joors of Building C as shown on Exhibit "C" and contains 1,047 square feet. This apartment has two Midland attached ment finial Poms, two-and-one-half bathrooms, a combination livi d County Clerk Unofficial Copy room, a kitchen and a woodburning fireplace.

Apartment 117. A studio-type apartment loca and second floors of Building C as shown on attached hereto and contains 1,047 square feet.

has two bedrooms, two-and-one-half bathrooms room/dining room, a kitchen and a the "C" This apartment woodburniidation living Apartment 118. A studio-type apartment located on the first and second floors of Building C as shown on Exhibit "C " attached hereto and contains 1,047 square feet. This apartment has two bedrooms, two-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

(6) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 Apartment 119. A studio-type apartme first and second floors of Building D as attached hereto and contains 1,047 square

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 Apartment 119. A studio-type apartme first and second floors of Building D as attached hereto and contains 1,047 square has two bedrooms, two-and-one-half room/dining room, a kitchen and a PAGE 2 Clerk Unofficial Copy located on the on Exhibit "D" c. This apartment a combination living ∙Maths, fireplace.

Apartment 120. A studio-type apartment located on the first and second floors of Building D as shown on. Exhibit "D" attached hereto and contains 1,047 square feet. This apartment has two bedrooms, two-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 121. A studio-type apartment located on the first and second floors of Building D as shown on Exhibit "D" attached hereto and contains 1,047 square feet. This apartment has two bedrooms, two-and-one-half bathrooms, a combination living room/ dining room, a kitchen and a woodburning fireplace.

Apartm2. A studio-type apartment located on the first and second attached has two room/di of Building D as shown on Exhibit "D" and contains 1,047 square feet. This apartment room, a kitchen and a woodburning fireplace.

Unofficial Copy Midland County Clerk Unis, two-and-one-half bathrooms, a combination Apartment 123.

ed on the rst and second floors of Building D as shown on attached hereto and contains 1,047 square feet, has two bedrooms, two-and-one-half bathrooms room/dining room, a kitchen and a A studio-type apartment bit "D" Apartment 124. A studiohis apartment combination living fireplace.

apartment located on the first and second floors of Building as shown on Exhibit "D".

attached hereto and contains 1,047 square feet. This apartment has two bedrooms

ment combination living fireplace.

apartment located on the first and second floors of Building as shown on Exhibit "D".

attached hereto and contains 1,047 square feet. This apartment has two bedrooms , two-and-one-half bathrooms, a combination living room /dining room, a kitchen and a woodburning fireplace.

Apartment 125.

Located on the first floor of Building E as shown on Exhibit "E" attached hereto and contains 687 square feet.

This apartment has one bedroom; one bathroom, a combination living room/ dining room, a kitchen and a woodburning fireplace.

Apartment 126.

E as shown on Exhibit "E" feet. This apartment has living room/dining re E as shown feet.

Aparh Copym, 127.

Located on the first floor of Building attached hereto and contains 687 square one bedroom, one bathroom, a combination a kitchen and a woodburning fireplace.

Located on the first floor of Building, livine The Exhibit "E" attached hereto and contains 687 apartment has one bedroom, one bathroom, a combin om/dining room, a kitchen and a woodburning firep Apartment 128. Located on the first ce.

E as shown on Exhibit "E" attached Serial Copy feet.

as shown on Exhibit "E" attached hereto and This apartment has one bedroom, one Midland County Clerk living room/dining room, feet.

a kitchen and a Apartment 129. Located on Building 687 square bom, a combination fireplace.

first floor of Building and contains 687 square This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 130.

Located on the first floor of Building E as shown on Exhibit "E" attached hereto and contains 687 square feet.

This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

ding E as shown on Exhibit "E" attached hereto and contains 687 square feet.

This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Midland County Clerk Unofficial Copy (7) Midland County Clerk Unofficial Copy VOL 2 PAGE 8 Midland County Clerk Unofficial Copy Apartment 131.

Located on the first floor as shown on Exhibit "E" attached hereto and feet. This apartment has one bedroom, one living room/dining room, a kitchen and a wood Apartment 132.

bat nty Clerk Unofficial Copy Building s 687 square a combination fireplace.

Located on the first floor of Building E as shown on Exhibit "E" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 225.

E as shown on Exhibit "E" feet. This apartment has Located on the second floor of Building attached hereto and contains 687 square one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 226.

E as shown on Exhibit "E" feet.

This apartment has living room/dining room Located on the second floor of Building hereto and contains 687 square one bathroom, a combination Kitchen and a woodburning fireplace.

crattedroom, E as shown on Ex 227.

Located on the second floor of Building "E" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a living roo room, a kitchen and a woodburning shown on Exhibit "E" attached hereto and cont % natiork Unofficial Copy Midland County eet.

Apartment 228. Located on the second floor This apartment has one bedroom, one living room/dining room, a kitchen and a Wood's ilding square a combination fireplace.

nofficial Copy Midland County eet.

Apartment 228. Located on the second floor This apartment has one bedroom, one living room/dining room, a kitchen and a Wood's ilding square a combination fireplace.

Apartment 229. Located on the second floor of Building E as shown on Exhibit "E" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 230. Located on the second floor of Building E' as shown on Exhibit "E" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 231.

Located on the second floor of Building E as shown on Exhibit "E" attached hereto and contains 687 square feet. This apartment has one.

living room/dining room, Apartment E as shown on feet. This living room/ droom, one bathroom, a combination then and a woodburning fireplace.

Midland County Clerk Unofficial Copy F Clerk Unofficial Copy Located on the second floor of Building E" attached hereto and contains 687 square has one bedroom, one bathroom, a combination King room, a kitchen and a woodburning fireplace, Apartment 133. Located on the first floor of own on Exhibit "F" attached hereto and contains This apartment has one bedroom, one bathroom, ving room/dining room, a kitchen and a woodburni Apartment 134.

Located on the firs ng square Midlandtion ireplace.

loor of Building F as shown on Exhibit "F" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 135. Located on the first floor of Building

tains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 135. Located on the first floor of Building F as shown on Exhibit "F" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Apartment 136.

F as shown on Exhibit "F" feet. This apartment has living room/dining room, VOL 2 PAGE •Milaunty Clerk Unofficial Copy Located on the loor of Building attached hereto a contains 621 square one bedroom, a kitchen bathroom, a combination woodburning fireplace..

Apartment 233. Located on the second floor of Building F as shown on Exhibit "F" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 234.

Located on the second floor of Building F as shown on Exhibit "F" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 235.

F as shown on Exhibit "F" feet. This apartme living room/dini F as fee Located on the second floor of Building attached hereto and contains 621 square has one bedroom, one bathroom, a combination room, a kitchen and a woodburning fireplace.

artment 236. Located on the second floor of Build on Exhibit "F" attached hereto and contains 621 This apartment has one bedroom, one bathroom, a ng room/dining room, a kitchen and a woodburning Midland County Clerk Unafficial Copy feet.

Clepla Cial Copy are

it "F" attached hereto and contains 621 This apartment has one bedroom, one bathroom, a ng room/dining room, a kitchen and a woodburning Midland County Clerk Unafficial Copy feet.

Clepla Cial Copy are ination .

Apartment 137. Located on the first or of Building G as shown on Exhibit "G" attached hereto and This apartment has one bedroom, on bathroom, a combination living room/dining room, a kitchen and Goodburning fireplace.

Apartment 138.

Located Contains 621 square Midland the first floor of Building G as shown on Exhibit "G" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 139. Located on the first floor of Building G as shown on Exhibit "G" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 140.

G as shown on Exhibit "G" feet. This apartment has Located on the first floor of Building attached hereto and contains 621 square one bedroom, one bathroom, a combination living room/dining. com, a kitchen and a woodburning fireplace.

G as feet Copy Apartment 237.

Located on the second floor of Building Exhibit "G" attached hereto and contains 621 apartment has one bedroom, one bathroom, a living room/dining room, a kitchen and a woodburning Midland County Clerk Uni G Apartment 238. Located on the second fl tion Midland County al Copy as shown on Exhibit "G" attached hereto and feet. This apartment has one bedroom, one living room/dining room, a kitchen and a Apartment 239.

Located Coom, of Building ins 621 square a combination podburning fireplace.

he second floor of Building

et. This apartment has one bedroom, one living room/dining room, a kitchen and a Apartment 239.

Located Coom, of Building ins 621 square a combination podburning fireplace.

he second floor of Building G as shown on Exhibit "G" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 240. Located on the second floor of Building G as shown on Exhibit "G" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Midland County Clerk Unofficial Copy (9) Midland County Clerk Unofficial Copy VOL 2 PAGE /o County Clerk Unofficial Copy Apartment 141.

Wood and County Clerk Unofficial Copy Located on the first floor as shown on Exhibit "H" attached hereto and contain feet. This apartment has one bedroom, one living room/dining room, a kitchen and a Apartment 142.

lding square a combination fireplace.

Located on the first floor of Building H as shown on Exhibit "H" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 143.

Located on the first floor of Building H as shown on Exhibit "H" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace .

Located on the first floor of Building hereto and contains 621 square one bathroom, a combination Apartment 144.

° H as shown on Exhibit "H" atta aroom, feet. This apartment has living room/dining room H as shown on.

feet.

County Clerk deufficial This Midland County

are one bathroom, a combination Apartment 144.

° H as shown on Exhibit "H" atta aroom, feet. This apartment has living room/dining room H as shown on.

feet.

County Clerk deufficial This Midland County Ritchen and a woodburning fireplace.

Located on the second floor of Building "H" attached hereto and contains 621 square artment has one bedroom, one bathroom, a combinatio room, a kitchen and a woodburning fireplace Unofficial Copy Apartment 242.

Located on the second floor of, shown on Exhibit "H" attached hereto and contains feet. This apartment has one bedroom, one living room/dining room, a kitchen and a woodbur Apartment 243.

Iding square combination fireplace: bathroom County.

Located on the second floor of Building H as shown on Exhibit "H" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 244. Located on the second floor of Building H as shown on Exhibit "H" attached hereto and contains 621 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 145.

I as shown on Exhibit "I" feet. This apartment has living room/dining room, feet.

Apartment Located on the first floor of Building attached hereto and contains 855 square two bathrooms, a combination chen and a woodburning fireplace.

This name Wo Hedrooms, Located on the first floor of Building I as shown on Exhi "I" attached hereto and contains 855 square has two bedrooms, two bathrooms, a combinatio Clerk Unofficial Copy living rooming room, a kitchen and a woodburning fireplace.

et.

Midland Cou Apartment 147. Located on the first floor of shown on Exhibit "I" attached hereto and contains 8

natio Clerk Unofficial Copy living rooming room, a kitchen and a woodburning fireplace.

et.

Midland Cou Apartment 147. Located on the first floor of shown on Exhibit "I" attached hereto and contains 8 This apartment has two bedrooms, two bathroom Building living room/dining room, a kitchen and a Apartment 148.

Located on the = burning Square combination fireplace.

Mfloor of Building I as shown on Exhibit "I" attached hereto and contains 855 square feet. This apartment has two bedrooms, two bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace .

Apartment 245.

Located on the second floor of Building I as shown on Exhibit "I" attached hereto and contains 855 square feet. This apartment has two bedrooms, two bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Midland County Clerk Unofficial Copy (10) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL Apartment 246.

I as shown on Exhibit "I" ھے PAGE // Midland County Clerk Unofficial Copy Located on the attached heret two feet. This apartment has living room/dining room, a kitchen Apartment 247..

floor of Building contains 855 square two bathrooms, a combination a woodburning fireplace.

Located on the second floor of Building I as shown on Exhibit "I" attached hereto and contains 855 square feet. This apartment has two bedrooms , two bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 248.

Located on the second floor of Building I as shown on Exhibit "I" attached hereto and contains 855 square feet. This apartment has two bedrooms , two bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 149.

Exhibit "I" attached hereto and contains 855 square feet. This apartment has two bedrooms , two bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 149.

first and second floors of Building J as shown on Exhibit "J" A studio-type apartment located on the attached hereto and contains 818 square feet.

one bedroom, one no-one-half bathrooms, a combination living This apartment has room/dining à kitchen and a woodburning fireplace.

first Apartment 150.

Unofficial Copy J" A studio-type apartment located second floors of Building J as shown on attached hereto and contains 818 square feet.

bedroom, one -and-one-half bathrooms, a combination living room /dining room, a kitchen and a woodburning Midland County Clerk Unofficial Copy Apartment 151.

A studio-type first and second floors of Building attached hereto and contains 818 the thitment has This place.

one bedroom, one-and-one-half bas om County artment located on the shown on Exhibit "J" feet. This apartment has a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 152.

first and second floors of Building J as shown on Exhibit "J" A studio-type apartment located on the attached hereto and contains 818 square feet.

one bedroom, oneand-one-half bathrooms, a combination living This apartment has room/dining room, a kitchen and a woodburning fireplace.

Apartment 153.

first and second floors of Building J as shown on Exhibit "J" A studio-type apartment located on the attached hereto and contains 818 square feet.

one bedroom, oneand-one-half bathrooms, a combination living This apartment has room/dining room, a first and attached one room Contchen and a woodburning fireplace.

Apartment 154.

A studio-type apartment located on th

d-one-half bathrooms, a combination living This apartment has room/dining room, a first and attached one room Contchen and a woodburning fireplace.

Apartment 154.

A studio-type apartment located on th V floors of Building J as shown on Exhibit "J", and contains 818 square feet.

This apartme has + County Clerk Unofficial Copy room, a kitchen and a woodburning firepla Midland County Clem, one-and-one-half bathrooms, a combination V Apartment 155.

A studio-type apartme] first and second floors of Building J as show attached hereto and contains 818 square feet one bedroom, oneand-one-half bathrooms room/ dining room, a kitchen and a wooden Apartment 156.

located on the Exhibit "J" This apartment has Combination living Mining fireplace.

first and second floors of Building J as shown on Exhibit "J" A studio-type apartment located on the attached hereto and contains 818 square feet.

This apartment has one bedroom, one-and-one-half bathrooms, a combination living room/dining room, a kitchen and a woodburning fireplace.

idland County Clerk Unofficial Copy (11) Midland County Clerk Unofficial Copy VOL 2 PAGE 12 Midland County Clerk Unofficial Copy Apartment 157.

Located on the first floor as shown on Exhibit "K" attached hereto and feet. This apartment has one bedroom, one living room/dining room, a kitchen and a w Apartment 158.

unty Clerk Unofficial Copy uilding 687 square a combination fireplace.

Located on the first floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 159. Located on the first floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square

m, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 159. Located on the first floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 160.

K as shown on Exhibit "K" feet. This apartment has living room/dining room, Apartment official room, Located on the first floor of Building attacted hereto and contains 687 square one bathroom, a combination kitchen and a woodburning fireplace.

Located on the first floor of Building K as shown on Ex Dit "K" attached hereto and contains 687 square feet. This artment has one bedroom, one bathroom, a combinati living room dining room, a kitchen and a woodburning fireplace Midland County Apartment 162.

Located on the first floor of Clerk Unofficial Copy shown on Exhibit "K" attached hereto and contains ding eet. This apartment has one bedroom, one living room/dining room, a kitchen and a Apartment 163.

square combination 29 fireplace.

Located on the first floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 164. Located on the first floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 257.

Located on the second floor of Building . K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one living room/dining room, droom, one bathroom, a combination

57.

Located on the second floor of Building . K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one living room/dining room, droom, one bathroom, a combination shen and a woodburning fireplace.

Unofficial Copy Apartment K as shown on feet.

This apar Located on the second floor of Building K" attached hereto and contains 687 square ent has one bedroom, one bathroom, a combination.

living rooming room, a kitchen and a woodburning fireplace.

K Midland County Apartment 259. Located on the second floor of town on Exhibit "K" attached hereto and contains, Clerk Unofficial Copy Iving room/dining room, a kitchen and a This apartment has one bedroom, one bathroom, a 4Ning woodburnind!

square Ombination ireplace.

Apartment 260. Located on the secon floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 261.

Located on the second floor of Building K as shown on Exhibit "K" attached. hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

(12) idland County Clerk Unofficial Copy idland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Apartment 262.

K as shown on Exhibit "K" feet. This apartment has living room/dining room, Apartment 263.

VOL 2 PAGE 12 Midland County Clerk Unofficial Copy Located on the cond floor of Building attached hea and contains 687 square one bednot one bathroom, a combination a kitchen and a woodburning fireplace.

Located on the second floor of Building K as shown on Exhibit 'K" attached hereto and contains 687 square

tains 687 square one bednot one bathroom, a combination a kitchen and a woodburning fireplace.

Located on the second floor of Building K as shown on Exhibit 'K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

Apartment 264.

Located on the second floor of Building K as shown on Exhibit "K" attached hereto and contains 687 square feet. This apartment has one bedroom, one bathroom, a combination living room/dining room, a kitchen and a woodburning fireplace.

7. There are attached to this Declaration and made a part hereof, plats. each floor of said multiple unit apartment apartment pertain buildings, which plats depict the perimeter boundary of each elso show the letter of the building to which they the identification number of each apartment shown ther Unofficial as and which plats as aforesaid are marked and designs the building thereby depicted.

Midland County Clerhibits "A", "B", "C", etc., to correspond with the eeter Midland County Clerk Unofficial Copy 8. The nine (9) carport structures shown on Exhibits "2" and "3" attached hereed Carport Building 1, Carport Building 2, cribed as follows: Carport Building 1.

this project nd denoted as are generally desThis structure has a corrugated steel roof, steel posts and is open on all sides. It is 126 feet in width and 16 feet deep and contains fourteen (14) parking spaces.

Carport Building 2. This structure has a corrugated steel roof, steel posts and is open on all sides. It is 126 feet in width and 16 feet deep and contains fourteen (14) parking spaces.

Carport Building 3. This structure has a corrugated steel roof, steel posts and is open on all sides. It is 135 feet in width and 16 spaces.

steel in

et deep and contains fourteen (14) parking spaces.

Carport Building 3. This structure has a corrugated steel roof, steel posts and is open on all sides. It is 135 feet in width and 16 spaces.

steel in fort Building 4. This structure has a corrugated steel posts and is open on all sides. It is 162.

Midland County Clerk Hufficialeet deep and contains fifteen (15) parking in width and 16 feet deep and contains eleve Clerk Unofficial Copy es.

and 16 feet deep and contains eighteen (18) parki Carport Building 5. This structure steel roof, steel posts and is open on all side Carport Building 6.

This Midland steel roof, steel posts and is ope Corrugated It is 99 feet (11) parking spaces.

cture has a corrugated all sides. It is 90 feet in width and 16 feet deep and contains ten (10) parking spaces.

Carport Building 7. This structure has a corrugated steel roof, steel posts and is open on all sides. It is 108 feet in width and 16 feet deep and contains twelve (12) parking spaces.

Midland County Clerk Unofficial Copy (13) Midland County Clerk Unofficial Copy VOL 2 2 PAGE 14 unty Clerk Unofficial Copy Midland County Clerk Unofficial Copy Carport Building 8. This structure has a Steel roof, steel posts and is open on all sides. it is 36 feet in width and 16 feet deep and contains four (4) Pking spaces.

gated Carport Building 9. This structure has a corrugated steel roof, steel posts and is open on all sides. It is 231 feet in width and 16 feet deep and contains twenty-four (24) parking spaces.

9. The one hundred sixty-one individual parking spaces herein established shall be "general common elements" as established in paragraph 11 of this Declaration. Each of said spaces has a direct exit to a thoroughfare or to a given common space

ng spaces herein established shall be "general common elements" as established in paragraph 11 of this Declaration. Each of said spaces has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare, each uncovered parking space is 9 feet in width and 16,5 feet deep, and each covered parking space is 9 feet in width and 18 feet deep, except uncovered parking space 161 shown on Exhibit 2 attached hereto which is 12 feet in width parking spaces 123, 124, 125, 126 and 16.5 feet deep and co and 127 also shown on 12 feet in width and a part 10.

deep.

Unoffic It 2, each of which covered spaces is Ye is attached to this Declaration and made the thas Exhibits 2 and 3 hereto, a plat which depicts Give data of each parking space above described and shows the identification letter or number assigned to each Midland County Merk Unofficial Copy the pro tures and individual 11. The "general common elements" of the" and of this project include and are defined as all ject land above described and the buildings, S improvements thereon, save and except the one apartment units contained in said multiple unit apartment buildings hereinabove defined, which are to be individually and separately owned and specifically include, but are not limited to, all land, building foundations, bearing walls and columns, roofs, halls, lobbies, stairways, elevators, elevator shafts, entrances, exits or communication ways, basements, flat roofs, yards, gardens, swimming pools, exterior glass panes, pavement, pipes, wires, conduits, and other facilities serving the project, and the other elements or items herein or in said Act defined as common elements of the property, and in general, such common elements shall con-

conduits, and other facilities serving the project, and the other elements or items herein or in said Act defined as common elements of the property, and in general, such common elements shall consist of all the land and improvements and appurtenances of every type thereon, excepting said apartment spaces which are to be individually and separately conveyed and owned.

12.

elements are use of the and said elemen thereof is The Ounity Cleric Unofficial Copy and !

portions of the general common and allocated for the restricted apartment spaces as is below designated, shall be known, only insofar as the use as "limited common elements", but such to use shall not affect the ownership of same Midland County Clerk Unofficial Copy same shall be owned as part of the general common to-wit: Midland County Apartment 101. The entryway, patio and torage area as shown on Exhibit "A" attached hereto.

Apartment 102. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

Apartment 103. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

Apartment 104. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

(14) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Apartment 105. The entryway, VOL 2 PAGE 15 shown on Exhibit "A" attached and County Clerk Unofficial Copy shown on Exhibit "A" attached hereto.

Apartment 106. The and storage area as ay, patio and storage area as Apartment 107. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

Apartment 108. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

Apartment 109. The patio and storage area as shown on Exhibit "B" attached hereto.

bit "A" attached hereto.

Apartment 108. The entryway, patio and storage area as shown on Exhibit "A" attached hereto.

Apartment 109. The patio and storage area as shown on Exhibit "B" attached hereto.

Apartment 110. The patio and storage area as shown on Exhibit "B" attached hereto.

Exhibit Apartment 111. The patio and storage area as shown attached hereto.

Apartment 112. The patio and storage area as.

Bit "B" attached hereto.

Midland County Clerk Unofficial Copy Apartment 209. The entryway, storage area as shown on Exhibit "B" attached Minairwa Apartment 210. The entryway storage area as shown on Exhibit "B" Clerk Unofficial Copy alcony a and Peto.

Stairway, balcony and Cached hereto.

Apartment 211. The entryway, stairway, balcony and.

storage area as shown on Exhibit "B" attached hereto.

Apartment 212.

storage area as shown on The entryway, stairway, balcony and Exhibit "B" attached hereto.

Apartment 113.

shown on Exhibit "C" attached hereto.

Apartment 114.

on The entryway, patio and storage area as shown on Exhibit "C" attached hereto.

shown on Exhibit shown The entryway, patio and storage area as Apartment 115. The entryway, patio and storage area as attached hereto.

artment 116. The entryway, patio and storage are Exhibit "C" attached hereto.

Midland County Clerk Unofficial Cop Apartment 117. The entryway, patio and Shown on Exhibit "C" attached hereto.

Apartment 118. The entryway, pati area as shown on Exhibit "D" attached entryland County Unofficial Copy shown on Exhibit "C". attached hereto.

Apartment 119.

Apartment 120.

The storage area as patio and storage area as The entryway, patio and storage area as shown on Exhibit "D" attached hereto.

Apartment 121. The entryway, patio and storage area as shown on Exhibit "D" attached hereto.

as patio and storage area as The entryway, patio and storage area as shown on Exhibit "D" attached hereto.

Apartment 121. The entryway, patio and storage area as shown on Exhibit "D" attached hereto.

Midland County Clerk Unofficial Copy (15) Midland County Clerk Unofficial Copy VOL 2 PAGE 16 Midland County Clerk Unofficial Copy Apartment 122.

The entryway, patienidland County Clerk Unofficial Copy shown on Exhibit "D" attached hereto.

shown on Exhibit "D" attached hereto.

storage area as Apartment 123. The entryway, patio and storage area as Apartment 124. The entryway, patio and storage area as shown on Exhibit "D" attached hereto.

Apartment 125.

Exhibit "E" attached hereto.

Apartment 126.

The patio and storage area as shown on Exhibit "E" attached hereto.

Apartment 127.

Exhibit "E" attached Exhibit "E' The patio and storage area as shown on Fork Unofficial Copy to.

patio and storage area as shown on 128. The patio and storage area as shown on Midland County Clerched hereto.

Exhi ET Midland County Clerk Unofficial Copy Apartment 129. The patio and storage area as sho attached hereto.

Apartment 130. The patio and storage ar Exhibit "E" attached hereto.

Exhibit "E" attached hereto.

as shown on Apartment 131. The patio and storage area as shown on Apartment 132. The patio and storage area as shown on Exhibit "E" attached hereto.

Apartment 225. The entryway, stairway, balcony and storage area as shown on Exhibit "E" attached hereto.

Apartment 226. The entryway, stairway, balcony and storage area as shown on Exhibit "E" attached hereto.

Apartment 227.

The storage area as shown on Exh Apartment Unofficial Copy storage area as she tryway, stairway, balcony and "E" attached hereto.

The entryway, stairway, balcony and on Exhibit "E" attached hereto.

Apartment 229.

area as shown on Exh Apartment Unofficial Copy storage area as she tryway, stairway, balcony and "E" attached hereto.

The entryway, stairway, balcony and on Exhibit "E" attached hereto.

Apartment 229.

storage ar Das shown on Apartment 230.

age area as shown on Midland County Apartment 231.

The entryway, stairway, balcony and Exhibit "E" attached hereto.

The entryway, stairway, balcon Exhibit "E" attached hereto The entryway, storage area as shown on Exhibit "E" atta airwa alcony and Apartment 232.

storage area as shown on The entryway, stairway, balcony and Exhibit "E" attached hereto.

Exhibit "F" attached hereto.

Clerk Unofficial Copy Apartment 133. The patio and storage area as shown on Apartment 134.

Exhibit "F" attached hereto.

The patio and storage area as shown on (16) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 12 patounty Clerk Unofficial Copy Apartment 135. The patio and Exhibit "F" attached hereto.

Apartment 136. The Exhibit "F" attached hereto.

Midland age area as shown on and storage area as shown on Apartment 233. The entryway, stairway, balcony and Exhibit "F" attached hereto.

storage area as shown on Apartment 234.

storage area as shown on Apartment 235.

storage area as shown on Apartment 236.

storage area as Exhibit The entryway, stairway, balcony and Exhibit "F" attached hereto.

The entryway, stairway, balcony and Exhibit "F" attached hereto.

The entryway, stairway, balcony and on Exhibit "F" attached hereto.

137. The patio and storage area as shown Attached hereto.

Midland County Clerk Unofficial Copy Apartment 138. The patio and storage area as bit "G" attached hereto.

Apartment 139. The patio and Exhibit "G" attached hereto.

County Clerks Unofficial Copy Midtangorage

County Clerk Unofficial Copy Apartment 138. The patio and storage area as bit "G" attached hereto.

Apartment 139. The patio and Exhibit "G" attached hereto.

County Clerks Unofficial Copy Midtangorage Apartment 140. The patio Exhibit "G" attached hereto.

Apartment 237.

storage area as shown on Apartment 238.

storage area as shown on Apartment 239.

storage area as shown on Apartment 240.

storage area as shown on Exhibit "H" attac Exhibi wn on ea as shown on orage area as shown on The entryway, stairway, balcony and Exhibit "G" attached hereto.

The entryway, stairway, balcony and Exhibit "G" attached hereto.

The entryway, stairway, balcony and Exhibit "G" attached hereto.

The entryway, stairway, balcony and Exhibit "G" attached hereto.

hereto.

The patio and storage area as shown on Apartment 142. The patio and storage area as shown attached hereto.

Midland County Clerk Partment 341.

areak Oficial Copy Apartment 143. The patio and storage area Exhibit "H" attached hereto.

Apartment 144. The patio and stor Exhibit "H" attached hereto.

Midland Apartment 241. The entr storage area as shown on Exhibit Apartment 242.

storage area as shown on Apartment 243.

storage area as shown on shown on area as shown on stairway, balcony and attached hereto.

The entryway, stairway, balcony and Exhibit "H" attached hereto.

The entryway, stairway, balcony and Exhibit "H" attached hereto.

Midland County Clerk Unofficial Copy (17) Midland County Clerk Unofficial Copy VOL 2 PAGE 18 Midland County Clerk Unofficial Copy • Apartment 244.

Patio Midrand County Clerk Unofficial Copy The entryway, stairway, bal storage area as shown on Exhibit "H" attached he Apartment 145. The entryway, shown on Exhibit "I" attached hereto.

Apartment 146.

and storage area as The entryway, patio and storage area as

rway, bal storage area as shown on Exhibit "H" attached he Apartment 145. The entryway, shown on Exhibit "I" attached hereto.

Apartment 146.

and storage area as The entryway, patio and storage area as shown on Exhibit "I" attached hereto.

Apartment 147. The entryway, patio and storage area as shown on Exhibit "I" attached hereto.

Apartment 148. The entryway, patio and storage area as shown on Exhibit,"I" attached hereto.

Apartment 245. The entryway, stairway, balcony and "I" attached hereto.

storage area as shown on Exhit Apartment storage area as storage are ge "Copy The entryway, stairway, balcony and On Exhibit "I" attached hereto.

247.

shown on Apartment 248.

area as shown on Midland County The entryway, stairway, balcony and Exhibit "I" attached hereto.

Midland County Clerk Unofficial Copy The entryway, stairway, balcony, Exhibit "I" attached hereto: Apartment 149. The entryway, patio and shown on Exhibit "J" attached hereto.

torage area as Apartment 150. The entryway, patio and storage area as shown on Exhibit "J" attached hereto.

Apartment 151. The entryway, patio and storage area as shown on Exhibit "J" attached hereto.

Apartment 152.

The entryway, patio and storage area as shown on Exhibit "J" attached hereto.

Apartment 153. The entryway, patio and storage area as shown on Exhibit "J" attached hereto.

Apartment 154.

shown on Exhibit "J" att hereto.

Apartmenfficialbubentryway, patio and storage area as shown on Exhibit shown 65. The entryway, patio and storage area as attached hereto.

tment 156. The entryway, patio and storage area Exhibit "J" attached hereto.

Midland County Clerk Midland County Clerk. Unofficial Copy Apartment 157. The patio and storage area Exhibit "K" attached hereto.

Apartment 158. The patio and Exhibit "K" attached hereto.

hown on

eto.

Midland County Clerk Midland County Clerk. Unofficial Copy Apartment 157. The patio and storage area Exhibit "K" attached hereto.

Apartment 158. The patio and Exhibit "K" attached hereto.

hown on Darea as shown on Apartment 159. The patio and storage area as shown on Exhibit "K" attached hereto.

Apartment 160.

Exhibit "K" attached hereto.

The patio and storage area as shown on Midland County Clerk Unofficial Copy(18) Midland County Clerk Unofficial Copy VOL 2 PAGE 19 Midland County Clerk Unofficial Copy PatBidland County Clerk Unofficial Copy Apartment 161. The patio and Exhibit "K" attached hereto.

Apartment 162.

The Exhibit "K" attached hereto.

area as shown on and storage area as shown on Apartment 163. The patio and storage area as shown on Exhibit "K" attached hereto.

Apartment 164. The patio and storage area as shown on Exhibit "K" attached hereto.

Apartment 257.

storage area as shown on Apartment 258.

storage area as shown on storage 259.

as shown on Apartment 260.

rage area as shown on Midland County Clerk Unofficial Copy Apartment 261.

The entryway, stairway, balcony and Exhibit "K" attached hereto.

The entryway, stairway, balcony and Exhibit "K" attached hereto.

The entryway, stairway, balcony and Exhibit "K" attached hereto.

Exhibit "K" attached hereto.

The entryway, stairway, balconnofficial Copy The entryway, storage area as shown on Exhibit "K" atta airway balcony and Apartment 262.

storage area as shown on Apartment 263.

storage area as shown on Apartment 264.

The entryway.

Exhibit "K" reto.

Stairway, balcony and Midtached hereto.

The entryway, stairway, balcony and.

Exhibit "K" attached hereto.

The entryway, stairway, balcony and storage area as shown on Exhibit "K" attached hereto.

13.

The undivided title and interest of each owner of

way, stairway, balcony and.

Exhibit "K" attached hereto.

The entryway, stairway, balcony and storage area as shown on Exhibit "K" attached hereto.

13.

The undivided title and interest of each owner of an apartment space in the general common elements of the property defined in paragraph 11 above, and their proportionate share in the common expenses of said general common elements, as well as the proportionate representation for voting purposes in the meetings of the Council of Co-Owners of this condominium project, is based on the proportionate square feet that each of the apartment units in BOP 1 condominium project bears to the total square feet of all he apartment units in this project, which proportion for eachpartment space, expressed in percentages, are set below Midland County Clerk Common wit: Percentage Apartment 101 102 103 104 1.1 1.1 1.1 1.1 105 1.1 106 1.1 Midland Countentelat Copy 107 1.1 108 1.1 109 0.84 110 0.84 111 0.84 112 0.84 209 0.84 Midland County Clerk Unofficial Copy (19) Midland County Clerk Unofficial Copy VOL 2 PAGE 20 Midland County Clerk Unofficial Copy 210 211 212 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Midland County Clerk Unofficial Copy 132 225 226 227 228 229 230 231 232 133 134 135 136 233 234 235 236 137 138 139 140 237 238 33 Midland County Clerk Unofficial Copy 142 Midrand County Clerk Unofficial Copy 0.84 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 Midland County Clerk Unofficial Copy 0.925 0.925 0.925 0.925 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 County Clerk Unofficial Copy 0.84 0.84 .84 143 144 241 242 243 244 0.84 145 1.14 146 1.14 147 1.14 148 1.14 245 1.14 246 1.14 247 1.14 248 1.14 149

84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 0.84 County Clerk Unofficial Copy 0.84 0.84 .84 143 144 241 242 243 244 0.84 145 1.14 146 1.14 147 1.14 148 1.14 245 1.14 246 1.14 247 1.14 248 1.14 149 1.1 idland County Clerk Unofficial Copy (20) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 257 257 261 262 Midland County Clerk Unofficial Copy 263 264 VOL 2 PAGE 21 Midland County Clerk Unofficial Copy 1.1 1.1 1.1 1.1 1.1 1.1 1.1 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 0.925 Perk Unofficial Copy 0.925 0.925 epressements and his share no The above percentages fixing the undated interest of each apartment owner in the general commone cannot be changed of the common expenses and voting except by the written consent of each. every owner and mortgagee of an apartment unit in this ☑Mominium project, duly executed, acknowledged and filed for record as a partial amendment to this Declaration; and said Grantor, his successors, assigns and grantees, and their successors, heirs, executors, administrators, devisees and grantees, hereby covenant and agree that the elements constituting an apartment unit, that is the individual apartment and the undivided interest in the general common elements allocated to it, shall be held and owned together and such elements shall not be separated or separately sold, conveyed or otherwise disposed of or encumbered, and each said undivided interest shall be deemed to be conveyed or encumbered with its respective apartment space or spaces even though the description in the instrument of convey-.

'apartance or encumbance may refer only to the fee title of the ment space".

tances 14 Copy п

with its respective apartment space or spaces even though the description in the instrument of convey-.

'apartance or encumbance may refer only to the fee title of the ment space".

tances 14 Copy п aid Grantor, his successors and assigns, by this and all future owners, lessees, tenants or other the apartment units in this project, by their of their deeds, leases, rental agreements or any such apartment unit, hereby covenant and agree Midland County Clerk) (1) That the common elements, limited, shall remain undivided and shall not an action for partition or division of the as suitable for a condominium regime.

(2) pos follows, Copy on general and the object of ownership so long nt units shall be occupied and used only for residential purposes, as a private dwelling, and that no professional, business or commercial use shall be made of the same. This restriction is for the benefit of all the apartment units in this condominium project and in addition to other rights or remedies any violation or threatened violation hereof may be enjoined or prevented by suit for injunction at the instance of any owner or owners of other apartment units or the Board of Administration of this condominium regime.

That the apartidland Counfit clerk U Midland County Clerk Unofficial Copy (21) Provided, Midland County Clerk Unofficial Copy us VOL 2 PAGE .

PAGE 22 County Clerk Unofficial Copy wever, this restriction shall not apply to Grantor signee who may use one or more apartment units or for such other use as Grantor may, in his determine.

as unty Clerk Unofficial Copy his deales office discretion, (3) The owners of the respective apartment spaces shall not be deemed to separately own the basic structural and supporting portions of the perimeter walls, floors, and ceilings

les office discretion, (3) The owners of the respective apartment spaces shall not be deemed to separately own the basic structural and supporting portions of the perimeter walls, floors, and ceilings surrounding his respective apartment space, nor shall such owner be deemed to separately own pipes, wires, conduits or other public utility lines running through said respective apartment spaces which are utilized for or serve more than one apartment space, but the same shall be owned as tenants in common as part of the common elements of the property, however, each apartment owner shall have an easement in the interest of the other owners in and to the aforesaid elements and facilities as shall be necessary for the support, maint enance, use and enjoyment of his apartment; such owner, ever, shall be deemed to separately I own the walls and which are contained within the perimeter walls of Powner's respective apartment space, and shall also be de to own the inner decorated and/or finished surfaces of facilities ment and xtures and equipment built or placed in said apar or located outside thereof, for the exclusive servi enience of such apartment space.

* Clark perimeter walls, floors and ceilings and the , the apartment space, or if any apartment space ocherk Unofficial Copy Midland County (4) The owners of the respective agree that if any portion of the common elements es ment spaces upon roaches upon the common elements or upon another apartment space, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. In the event any portion of any apartment building is partially or totally destroyed, and then rebuilt or reconstructed, the owners of apartment spaces agree

o long as it stands, shall and does exist. In the event any portion of any apartment building is partially or totally destroyed, and then rebuilt or reconstructed, the owners of apartment spaces agree that valid easements shall exist for any resulting encroachments.

(5) The owner of an apartment unit, upon acquisition of same, shall automatically become a member of the Council of Co-Owners of this condominium project, and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership shall automatically cease. The Council of Co-Owners shall elect from among its members a Board of Administration to consist of not less than 5 members, who compensation for such condominium hall serve in such office without pay or as specified in the by-laws of this until their successors are duly elected in accordance with the provisions of such by-laws. Such Board Council of Ciel owners, and it shall have such powers, function authority, duties, obligations and responsibilities as shall be spe fied from time to time and/or as may be delegated the government and administration of the condCounty Clerk. Unofficial Copy Midland rom time to time by the Council of Co-Owners.

(6) The owners of apartment units gree that shall be in accordance with this Declaration and the By-Laws which are attached hereto as Exhibit 5 and made a part hereof, which ByLaws may be amended from time to time by the Council of Co-Owners in accordance with the provisions thereof, and any and all such amendments, duly certified to by the presiding officer of the Board of Administration or other person authorized to make such certifications by such By-Laws, shall be filed for record as a partial amendment to said Exhibit 5 attached hereto.

iding officer of the Board of Administration or other person authorized to make such certifications by such By-Laws, shall be filed for record as a partial amendment to said Exhibit 5 attached hereto.

Midland County Clerk Unofficial Copy22) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy (7) That each owner, apartment unit shall comply with the claration, the By-Laws, and the va VOL 2 PAGE 23 County Clerk Unofficial Copy or occupant of an of this Dethe 5 and resolutions of the Council of Co-Owners, as lawfully amended from time to time, and failure to comply with any such provisions, decisions or resolutions shall be grounds for an action to recover sums due, for damages, and/or for injunctive relief.

(8) This Declaration shall not be amended unless the owners representing an aggregate ownership interest of seventyfive percent (75%) of the general common elements in this condominium project and the first mortgagees, if any, of said owners, agree to such revocation or amendment by duly recorded instruments.

Provided, however, a revocation of this Declaration or any Amendment hereof that would vary the interest of any owner in the general common elements or the manner of determining the obligation to pay any owner must be unanimously approved by all of the of all of the apartment spaces in this condominium and the mortgagees or beneficiaries of mortgages or deeds trust covering each such apartment space.

(9) All owners of apartment units in th Mium project are bound and obligated to contribut Midland County Clerk Unofficial Copy condoas otherwise periodically assessed by the Councilnthly or f Co-Owners, or the Board of Administration when authorized do so by the By-Laws of this project or by resolution of id Council of

Copy condoas otherwise periodically assessed by the Councilnthly or f Co-Owners, or the Board of Administration when authorized do so by the By-Laws of this project or by resolution of id Council of Co-Owners, their pro-rata part, in the and set out for each apartment unit tration, utility charges, wages, tages above fixed expenses of adminisay and accounting fees, reasonable contingency or reserve funds, upkeep, maintenance and repair of the general common elements of this project, working capital fund, and in the proper case of the limited common elements, as any and all such common elements are described and defined in this Declaration, and of any other valid expense or charge assessed pursuant to authority given by said Act, or this Declaration or said By-Laws, each of which assessments shall become due and payable within 21 days from the date each such assessment is made unless otherwise specified herein or in the By-Laws, and such assessments, together with reasonable attorney's fees as hereinafter provided, shall become liens against the respective apartment units for their pro-rata share thereof at the time such specified in sait buting toward waiver of to Laws. No owner shall be exempt from contriexpense, charges, costs or assessments by use or enjoyment of the common elements, either.

general limited, or by abandonment of the apartment In the event it shall become necessary for the -Owners or the Board of Administration to employ an attorney to collect such assessment and Midland County Classessments become due and payable unless otherwise herein granted, the owner or owners failing to shall pay in addition to the assessment due, for he official Copy cil services the lien assessment fees to the Council of Co-Owners and/or Boatxo le attorney's

granted, the owner or owners failing to shall pay in addition to the assessment due, for he official Copy cil services the lien assessment fees to the Council of Co-Owners and/or Boatxo le attorney's (10) Any holder of a Midland space, upon request, shall be entit Administration.

བས་༢ Egage on any apartment to receive from the Board of Administration written notification of any default in the performance by any owner of any obligation required by the Enabling declaration or the By-Laws which is not cured within sixty (60) days. The Board of Administration shall give the holder or holders of a first mortgage notice of any loss to, or taking of, any of the common elements by fire or other casualty or by condemnation if such loss or taking exceeds the sum of $10,000.00.

Midland County Clerk Unofficial Copy (23) Midland County Clerk Unofficial Copy : VOL 2 PAGE 24 County Clerk Unofficial Copy Clerk Unofficial Copy for Midland Corement (11) Any agreement for professional man the condominium project, or any other contract or the services of the Grantor, developer, or builde may not exceed three (3) years. Any such agreement provide for termination by either party without cause and without payment of a termination fee on ninety (90) days or less written notice.

15. All liens for assessments, together with reasonable attorney's fees, made by the Council of Co-Owners, or by the Board of Administration when authorized to do so as aforesaid, shall be prior to other liens, except that such liens for said assessments shall be subordinate, secondary and inferior, and the same are hereby expressly made subordinate, secondary and inferior to (1) all liens for taxes or special assessments levied by the city, county, and state governments or any poli-

nd inferior, and the same are hereby expressly made subordinate, secondary and inferior to (1) all liens for taxes or special assessments levied by the city, county, and state governments or any political subdivision or special district thereof, and (2) liens securing amounts due or to become due under any mortgage, vendor's lien or deed of true filed for record prior to the date payment of such assesment for common expenses became due. Such lien for provided for may without prejudice and subject to the aforesaid Afor liens, by suit by the Board of Administration or of the real authorized officer thereof, acting in behalf Midland US and attorney's fees herein without foreclosing or waiving the lien securi Clerk Unofficial Copy Midland such BO Nor liens.

of Co-Owners, in like manner as mortgages on No such foreclosure shall affect or impair, Nothing contained herein shall of Administration from bringing suit against an a to recover a money judgment for delinquent ase attorney's fees and other sums due the Council Ytment -Owners same. The Board of Administration or any authorized officer thereof, acting in behalf of the Council of Co-Owners of the apartment units in this project, shall have power to bid in the apartment unit foreclosed on at the foreclosure sale, and to acquire, hold, lease, mortgage and convey the same in behalf of such Co-Owners. The purchaser acquiring title to such apartment unit at such foreclosure sale, whoever he may be, and his successors and assigns, shall not be liable for the share of the unpaid common expenses or assessments by the Council of Co-Owners chargeable to such apartment unit which became due prior to acquisition of such title at such foreclosure sale, but such unpaid share of common expenses or assessments shall

y the Council of Co-Owners chargeable to such apartment unit which became due prior to acquisition of such title at such foreclosure sale, but such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the owners of the apartment unite in this project, including such purchaser or acquirer, his successors and assigns on a pro-rata basis. Provided, mortgagee a eu an siffic, if such purchaser or acquirer is a Nie pursuant to foreclosure or obtaining a deed in lieu Foreclosure, said mortgagee shall not be responsible for any such unpaid common expenses or assessments due priore date of said mortgagee's deed. Further, to Iss owed to the Council of Co-Owners by apartment, the Board of Administration may deny delinquent Yight to use the common elements and may suspend Yces, including utility services, and may exercise right or remedy available to enforce such clain Midland C Clerk Unofficial Copy rs Serother 16. No apartment space shall be altered, subdivided or converted into more than one dwelling unit or housing accommodation.

all 17. Upon the sale or conveyance of an apartment unit, unpaid assessments against the selling Co-Owner for his pro-rata share of the common expenses and charges shall be first paid out of the sale price or by the purchaser in preference over any other assessments or charges of whatever nature except the following: Midland County Clerk Unofficial Copy(24) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy (a) Assessments, liens and favor of state and any vision thereof for on the apartment VOL 2 PAGE 25 nty Clerk Unofficial Copy arges in tical subdidue and unpaid and (b) Amounts due under mortgage instruments duly recorded prior to the date

nd any vision thereof for on the apartment VOL 2 PAGE 25 nty Clerk Unofficial Copy arges in tical subdidue and unpaid and (b) Amounts due under mortgage instruments duly recorded prior to the date payment for such assessments became due.

18. Any purchaser of an apartment unit upon request prior to his purchase shall be entitled to a statement from the Board of Administration as to the amount of the unpaid assessments and charges against the particular apartment unit to be sold and purchased, and such purchaser shall not be liable, nor shall the apartment unit sold be subject to any lien for any unpaid charge or assessment made by the Council of Co-Owners against the Seller or his. artment unit in excess of the amount set forth in said.

and Midland County Cleric Cement for the period covered by such statement.

Clerk Unofficial Copy Assi(1) The Board of Administration shall obtain at all times insurance of the type and kind including such other risks, of a similar or ar nature, as are or shall hereafter customarily with respect to any building, fixtures, equipment property, similar in construction, design and use responsible insurance companies authorized to the State of Texas. The insurance policy form naming the Council of as the insured. In addition, each covered personal issued by business in and all Mortgagees or policies shall Unit Owner and shall provide for a standard, noncontributory mortgage clause in favor of each First Mortgagee. Further, the policy shall insure against loss or damage by fire, vandalism, malicious mischief or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Common Elements and the Units, and against such other

malicious mischief or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Common Elements and the Units, and against such other hazards and for such amounts as the Board of Administration may deem advisable. Each Owner irrevocably designates the Board of Administration, as Attorney-in-Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration. Such insurance policy shall also provide that it cannot be cancelled by either the insured or the insurance company until afte thirty (30) days prior written notice to each First The Board of Administration shall, upon request First Mortgagee, furnish a certified copy of each and a separate certificate identifying the inte identify the interest of each Coed in blanket blankegee.

est Midland County Clerk Unche Mortgagor.

(2) The Board of Administration Unofficial Copy comprehensive policy or policies of public liabeep a covering the Common Elements of the Project policies shall include a "Severability of In or equivalent coverage which will denying the claim of a Unit Owner insurance the Council of Co-Owners or the Such policy or Poclidech policy or Endorsement" insurer from of negligent acts by of Administration or a shall be in amounts of not Unit Owner.

less than One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per accident, and Fifty Thousand Dollars ($50,000.00) property damage plus an umbrella policy for not less than One Million Dollars ($1,000,000.00) for all claims for personal injury, including death and/or property damage arising out of a single occurrence; and the policy shall include water damage liability, liability for non-owned and hired

0) for all claims for personal injury, including death and/or property damage arising out of a single occurrence; and the policy shall include water damage liability, liability for non-owned and hired automobiles, liability for property of others and such other Midland County Clerk Unofficial Copy (25) Midland County Clerk Unofficial Copy VOL 2 PAGE 26 Midland Clerk Unofficial Copy Midland County Clerk Unofficial Copy as is customarily deemed necessary with projects similar in nature.

(3) The Board of Administrat shall keep a policy or policies of (i) liability insurance insuring the Board of Administration, Officers and employees of the Board of Administration and Council of Co-Owners against any claims, losses, liabilities, damages or causes of action arising out of, or in connection with, or resulting from any act done or omission to act by any such person or entities, (ii) workmen's compensation as required under the laws of the State of Texas, and (iii) such other insurance as deemed reasonable and necessary in order to protect the Project, the Unit Owners and the Council of Co-Owners.

(4) The Board of Administration shall be responsible for obtaining insurance upon the individual apartment units, including all fixture::::::Installations or additions thereto contained within the unfinished interior surfaces of the perimeter walls, floors and ceilings of such Apartment Unit, as initially installed or replacements thereof. The Board of Administration shall not be resible for procurement or maintenance of any insurance d with the Board of Administration's operation Each Unit Owner may obtain ✓nsurance at his own expense for his own benefit.

Coverage on the furnishings and other items of belonging to a Unit Owner and casualty and

ard of Administration's operation Each Unit Owner may obtain ✓nsurance at his own expense for his own benefit.

Coverage on the furnishings and other items of belonging to a Unit Owner and casualty and bility insurance coverage within each Unit are the responsibility of each Unit Owner, and each furnish a copy of his insurance policy to the Board of Administration.

by or con ring the liability of any Unit Owner not caused or Midlance of the Project.

art Midland County Clerk Unofficial Copy surublic liarically made It Owner must (5) Any insurance obtained by the. Board of Administration or a Unit Owner shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Unit Owners, Council of Co-Owners or their respective servants, agents or guests.

(6) In the event the real property described herein is located within a 100 year flood plain, the Board of Administration will be required to maintain flood insurance on the general common elements if such insurance is available.

20. (1) irrevocable Property upon its Title to any subject to any Granted consti This Paration hereby makes mandatory the an Attorney-in-Fact to deal with the obsolescence or condemnation.

Unit is declared and expressly made and conditions hereof, and acceptance by f a deed from the Grantor or from any Owner shall appointment of the Attorney-in-Fact herein All the Owners irrevocably constitute and appoint the connat Merk Unofficial Copy Midland Costration, their true and lawful Attorney in lace and stead, for the purpose of dealing with upon its destruction, obsolescence or after provided. As Attorney-in-Fact, the as hereinAdministration, by its authorized officers shall have full and complete authoriza-

the purpose of dealing with upon its destruction, obsolescence or after provided. As Attorney-in-Fact, the as hereinAdministration, by its authorized officers shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interest of an Apartment Unit Owner which is necessary and appropriate to exercise the powers herein granted.

(2) Repair and reconstruction of the improvement(s), as used in the succeeding subparagraphs, means restoring the improvement(s) to substantially the same condition in existence prior Midland County Clerk Unofficial Copy 261 Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 22 Midland County Clerk Unofficial Copy to the damage, with each Apartment Unit, Common Elements having the same vertical and horizontal Yes as before. The proceeds of any insurance collected be made available to the Board of Administration for the of repair, restoration or replacement, unless all of the Owners and all of the First Mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter: (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Board of Administration, as Attorney-in-Fact, to such reconstruction, and the improvement(s) shall be promptly repaired and reconstructed.

(b) If the insurance proceeds are insufficient to repair and reconstruct the improvement(s), and if such damage is not more than six six-and-two-thirds percent (66-2/3%) of all the Common Element!

not including land, such damage or destruction shall be Atly repaired and reconstructed by the Board of Adá

damage is not more than six six-and-two-thirds percent (66-2/3%) of all the Common Element!

not including land, such damage or destruction shall be Atly repaired and reconstructed by the Board of Adá as Attorney-in-Fact, using the proceeds of the and Midland County Clerk of an assessment to be made against all of Apartment Units.

Such deficiency assessm of cial Copy assessment made pro-rata according to each and Downers be a t's pro-.

Portionate interest in and to the Common Elements and shall be due and payable within thirty (30) days after Atten notice thereof. The Board of Administration shall County ave the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such Se failure of an Owner to pay the as notwithstanding the vided for herein shall be a debt The assessment proeach Owner and a lien on his Apartment Unit and may be enforced and collected as is provided in Paragraph 14(9) hereof. The lien provided for herein shall be subordinate. to any prior or recorded first mortgage lien, as provided in Paragraph 14 (9) of this Declaration. Should the Board of Administration choose to foreclose said lien, as provided in Paragraph 14(9), the proceeds derived from the sale of such Apartment Unit shall be used and disbursed by the Board of Administration, as Attorney-in-Fact, in the following order: (i) For payment of taxes and special assessment liens in favor of any governmental assessing entity; lien of any fi Exp ses; Midland County Clerk Unofficial Copy Mortgage; (ii) For payment of the balance of the (iii) For payment of unpaid Commo (iv) For payment of encumbrances in the order and extent of their Midland cork Unofficial Copy (v) The balance shall be paid to the Apartment Unit liens and and if any,

ii) For payment of unpaid Commo (iv) For payment of encumbrances in the order and extent of their Midland cork Unofficial Copy (v) The balance shall be paid to the Apartment Unit liens and and if any, (c) If more than sixty-six-and-two-thirds percent (66-2/3%) of all of the Common Elements, not including land, are destroyed or damaged, and if the Owners representing the aggregate ownership of one hundred percent (100%) of the Common Elements, do not voluntarily, within one hundred (100) days thereafter, make provision for reconstruction, which plan must have the approval or consent of one hundred percent (100%) of the First Mortgagees, the Board of Administration shall forthwith record a notice setting forth such fact or facts, and upon Midland County Clerk Unofficial Copy (27) Midland County Clerk Unofficial Copy VOL 2 PAGE 28 Midland County Clerk Unofficial Copy recording of such notice by the President and the Board of Administration, the entire relly Clerk Unofficial Copy be sold by the Board of Administration, as MI of shall -in-Fact for all of the Owners, free and clear of the provisions contained in The insurance this Declaration, the Surveys and the By-Laws.

settlement proceeds shall be collected by the Board of Administration, and such proceeds shall be divided by the Board of Administration according to each Apartment Unit Owner's interest (as such interests appear on the policy or policies), and such divided proceeds shall be paid into separate accounts, each such account representing one (1) of the Apartment Units in the total Project. Each such account shall be in the name of the Board of Administration, and shall be further identified by the number of From each separate the Apartment Unit and the name of the Owner.

total Project. Each such account shall be in the name of the Board of Administration, and shall be further identified by the number of From each separate the Apartment Unit and the name of the Owner.

account, the Board of Administration, as Attorney-in-Fact, shall use and disburse the total amount (of each) of such accounts, without contribution from ann Phe (1) account to another, toward the full payment of the.

shall be added to Apartment Unit Officine of any first mortgage against the apport.

There by such separate account.

such account, the apportioned amount of the proceeds derived from the sale of the entire Property.

of propenthall be based upon each Apartment Unit Owner's Such interest in the Common Elements. The total funds ccount shall be used and disbursed, without Midland paragraph.

ttorney-in-Fact, for the same purposes and in the is provided in subparagraphs (2) (b)(i) through (1) account to another, by the Board of Admin fy Clerk Unofficial Copy (d) Midland ibn, order this If the Owners representing a total ownership interest of one hundred percent (100%) of the Common Elements adopt a plan for reconstruction, which plan has the approval of one hundred percent (100%) of the First Mortgagees, then all of the Owners shall be bound by the terms and provisions of such plan. Any assessment made in connection with such plan shall be a Common Expense and made pro-rata according to each Owner's proportionate interest in the Common Elements and shall be due and payable as provided by the terms of the plan .

The Board of Administration shall have the authority to cause the repair and restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the The assessment provided for

he authority to cause the repair and restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the The assessment provided for herein shall be a debt of Unit and may be graph 14(9) hereof, first mortgage proceeds ea said assent.

Owner and a lien on his Apartment and collected as is provided in Parabe subordinate to any prior recorded Should the Board of Administration foreclose as provided in said Paragraph 14(9), the from sale of such Apartment Unit shall be used and disbud by the Board of Administration, as d County Midland Attorney-in-ork Unofficial Copy for same purposes and in the same order as is provided, aphs (2) (b) (i) through (v) of this paragraph.

(e) The Owners representing County Midianggregate ownership interest of (66-2/3%) the Common Elements of the Common Elements or more, may agree that of the Property are obsolete and that the same should be renewed or reconstructed. In such instance, the expenses thereof shall be payable by all of the Owners as Common Expenses .

(f) The Owners representing an aggregate ownership interest of one hundred percent (100%) of the Common Elements and all holders of first mortgages may agree that the Common Elements of the Property are obsolete and that the same should be sold. In such instance, the Board of Administration Midland County Clerk Unofficial Copy (28) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy VOL 2 PAGE 29 shall record a notice setting forth such fac the recording of such notice by the Board authorized officers, the entire Board of Administration, as AV Clerk Unofficial Copy facts, and upon Administration's ✓ shall be sold by the for all of the contained in this Owners, free and clear of the

horized officers, the entire Board of Administration, as AV Clerk Unofficial Copy facts, and upon Administration's ✓ shall be sold by the for all of the contained in this Owners, free and clear of the Declaration, the Surveys and the By-Laws. The sales proceeds shall be apportioned between the Owners and First Mortgagees as their interests may appear on the basis of each Owner's percentage or fraction of interest in the Common Elements, and such apportioned proceeds shall be paid into separate accounts, each such account representing one (1) Apartment Unit. Each such account shall be in the name of the Board of Administration, and shall be further identified by the number of the Apartment Unit and the name of the Owner. From each separate account, the Board of Administration, as Attorney-in-Fact, shall use and disburse the total amount of each of such funds, without contribution from one fund to another, for the same purposes and in the same order as is of this paragra or Govided in subparagraphs (2) (b) (i) through (v) Midland County Clerks Unofficial Unofficial Copy (1) If all or any part of the Property is ened to be taken by eminent domain or by power in of eminent domain (whether permanent or temporary of Co-Owners, as Attorney-in-Fact, and each entitled to participate in proceedings their respective expense. The Association by the President, or other authorized.

the Board of Administration. The Board of give timely written notice of the to all Owners and to all First Administration to have an the Cleer shall Mereto at be represented .

officers, of interstration shall Ace of such proceedings known to the Board of any Apartment Unit.

The expense of participation in such proceedings by the Council of Co-Owners shall be paid by the Council of Co-Owners for which

shall Ace of such proceedings known to the Board of any Apartment Unit.

The expense of participation in such proceedings by the Council of Co-Owners shall be paid by the Council of Co-Owners for which it may assess each Owner as herein provided for special assessments. The Board of Administration, as Attorney-in-Fact, is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Board of Administration in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Council of Co-Owners, as Attorney-in-Fact, and such damages or awards shall be applied as provided herein. In the event that an action in eminent domain is brought, condemn a portion of the Common Elements (together with apart from any Apartment Unit), the Council of Co-Owners!

to set out fein, shall have the sole authority to determine with affiorney-in-Fact, in addition to the general powers or resist any such proceeding, to make any settl cial Copy respect thereto; or to convey that portion of the ements sought to be condemned to the condemning Pieu of such condemnation proceeding.

Midland County Clerk (2) With respect to any and awards shall be determined for such not for each Co-Owner's interest awards for such taking are ient Crersity in as a whole and After the damages or such damages or awards shall be paid to the account of Co-Owner in proportion to his percentage or fractional ownership interest in the Common Elements to be applied or paid as set forth in the percentages or fractions established in Paragraph 13 hereof, unless resto-

roportion to his percentage or fractional ownership interest in the Common Elements to be applied or paid as set forth in the percentages or fractions established in Paragraph 13 hereof, unless restoration takes place as herein provided. The Board of Administration, if it deems advisable, may call a meeting of the CoOwners, at which meeting the Co-Owners, by a majority vote in interest, not in numbers, shall decide whether to replace or dete indoking, all damages Midland County Clerk Unofficial Copy (29) ber Midland County Clerk Unofficial Copy ✓ i VOL 2 PAGE 20 Midland County Clerk Unofficial Copy .

County Clerk Unofficial Copy aken or Common Eleestore, as far as possible, the Common Elements, damaged. In the event it is determined that s ments should be replaced or restored by obtaining other land or building additional structures, this Declaration and the Plats attached hereto shall be duly amended by instrument executed by the Council of Co-Owners, as Attorney-in-Fact, on behalf of the Co-Owners. In the event that such eminent domain proceeding results in the taking of or damage to one (1) or more, but less than sixty-six-and-two-thirds percent (66-2/38) of the total number of Apartment Units, then the damages and awards for such taking shall be determined for each Apartment Unit and the following shall apply: (a) The Board of Administration shall determine which of the Apartment Units damaged by such taking may be made tenantable for the taking into account the basses set forth in this Declaration, the reduced size of this Condominium Project and partment Unit so damaged.

The Board of Administration shall determine whether it, reasonably practicable to operate the remainunits manner ing Apartmets of the Project, including those damaged

and partment Unit so damaged.

The Board of Administration shall determine whether it, reasonably practicable to operate the remainunits manner ing Apartmets of the Project, including those damaged be made tenantable, as a Condominium in the vided in this Declaration.

Midland County ate the undamaged Apartment Units and the dam unit unty Clerk Unofficial Copy (c) In the event that the Board ration determines that it is not reasonably Administo oparwhich can be made tenantable, then the Condominium Proje shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interest by all Co-Owners, as tenants in common, in the proportionate ownership interest previously owned by each Co-Owner in the Common Elements.

(d) In the event that the Board of Administration determines it will be reasonably practicable to operate the undamaged Apartment Units and the damaged units which can be made tenantable as an Apartment Unit, then the damages and awards made with respect to each unit which has been determined to be capable of being made tenantable shall be applied to repair and to reconstruct such Apartment Unit so that it is made tenantable.

If the cost of such work excess the amount of the award, the additional funds required 11 be assessed against those ApartWith respect to those units ment Units which are which may not be forth in such units, Upon the part of at Cop the award made shall be paid as set (b) above; and the remaining portion of shall become part of the Common Elements.

of such award for the account of such Co-Owner such Apartment Unit shall no longer be a in the Common Elements appurtenant to each Clerk Unofficial Copy Midlands Condominium Project, and the proportionate of the undivided interest in the Common Elemet Ship

tment Unit shall no longer be a in the Common Elements appurtenant to each Clerk Unofficial Copy Midlands Condominium Project, and the proportionate of the undivided interest in the Common Elemet Ship tment Unit which shall continue as part of the Condominium Project shall be equitably adjusted to distribut duced number of Co-Owners. If sixty-six-andownership the repercent (66-2/3%) or more of the Apartment Units are taken or damaged by such taking, all damages and awards shall be paid to the accounts of the Co-Owners of units, as provided herein, in proportion to their percentage or fractional ownership interests in the Common Elements as provided in Paragraph 13 hereof; and this Condominium Regime shall terminate upon such payment. Upon such termination, the Apartment Units and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided (30) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy