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Declaration


CONDOMINIUM DECLARATION OF  MONADNOCK PASTURES 

Marlborough, Cheshire County, New Hampshire


DECLARATION made as of the _____day of __________________________, 2007, by Noel Aderer, an individual with an address of 51 Bixby Street, Marlborough, New Hampshire 03455 (the "Declarant"), for the purpose of submitting certain property to condominium use and ownership in accordance with the provisions of New Hampshire RSA 356-B.
WHEREAS, the Declarant owns the real property located in Marlborough, Cheshire County, New Hampshire, more particularly described in Exhibit A attached hereto and made a part hereof and the improvements located thereon, which it desires to subject to the provisions of RSA 356-B; and

WHEREAS, said real property contains one (1) existing single family residential home and has been approved by the Town of Marlborough Planning Board for the construction of four (4) individual single-family style homes, and one (1) duplex style home containing two (2) single family residential units, for a total of seven (7) residential units to be owned under the condominium form of ownership; and

WHEREAS, Declarant desires to construct the four (4) individual single family style homes and the one (1) duplex style home, one (1) at a time, and by this Declaration will declare  two units, reserving the right to construct the additional five (5) units through a conversion of the Convertible Land, as described herein.

NOW, THEREFORE, the Declarant hereby declares that all of the real property in Marlborough, Cheshire County, New Hampshire described in Exhibit A attached hereto, including all of the buildings, structures and other improvements located thereon, and all easements, rights and appurtenances thereto, are hereby submitted to the provisions of New Hampshire RSA 356-B and are to be held, conveyed, encumbered, leased, used, occupied and improved subject to the following restrictions, covenants, conditions, easements, uses, limitations and obligations, all of which are intended to enhance and protect the value and desirability of the property as a whole and to benefit mutually each of the component parts thereof. 



The following terms as hereinafter used in this Declaration and in the Exhibits attached  hereto and in any amendments hereof or thereof, shall have the following meanings unless the context clearly indicates a different meaning:

(a) "Act" or "Condominium Act" means the New Hampshire Condominium Act (RSA 356-B).

(b) "Assessment" means a share of the funds required for the payment of Common Expenses assessed pursuant to Section 45 of the Act.

(c)   "Association" means the unit owners association identi­fied as Monadnock Pastures Condominium Owners' Association, a New Hampshire non-profit corporation.

(d) "Board" or "Board of Directors" means the executive and administrative entity designated in the Condominium Instruments as the governing body of the Association.

(e)   "By-Laws" means the By-Laws of the Association, as they exist from time to time, a copy of which is attached as Exhibit B hereto and made a part hereof.

(f)   "Common Area" or "Common Areas" means all portions of the Condominium not included in the Units, and includes Limited Common Areas.

(g)   "Common Expenses" means all expenditures lawfully made or incurred by or on behalf of the Association for which Unit Owners are liable to the Association, together with all funds lawfully assessed for the creation and/or maintenance of reserves pursuant to the terms of the Condominium Instruments, for the purposes of administration, maintenance, repair and replacement of the Common Areas, and for any other lawful purpose.

(h) "Common Profits" means all income collected or accrued by or on behalf of the Association, other than income derived from Assessments.

(i)   "Condominium" means the real property and all interests therein described in Exhibit A hereto, including all buildings, structures and other improvements now or hereafter existing thereon, all easements, rights and appurtenances belonging there­to and all personal property now or hereafter used in connection therewith, submitted to the Act by the recordation of Condominium Instruments pursuant to the Act.

(j)   "Condominium Instruments" means the Declaration, the By‑Laws, the Site Plans and Floor Plans and all other Exhibits annexed thereto, as the same may be amended from time to time.

(k)   "Condominium Rules" means such rules and regulations as the Board, from time to time, may adopt relative to the use of the Condominium or any part thereof, as the same may be amended pursuant to the terms hereof and of the By-Laws.

(l)   "Condominium Unit" means a Unit together with the undivided interest in the Common Areas appertaining to that Unit.

(m)   “Convertible Land” means that portion of the Common Area, designated on the plans and labeled as such, within which additional units and/or Limited Common Areas may be created in accordance with this Declaration.

(n)   "Declarant" means Noel Aderer, an individual with an address of 51 Bixby Street, Marlborough, New Hampshire 03455 and any successors in interest thereto.

(o)   "Declaration" means this instrument, together with all exhibits attached hereto, as any of the same may be amended from time to time.

(p)   "Future Common Expenses" means Common Expenses for which Assessments are not yet due and payable.

(q)   "Institutional Lender" means one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts including, but not limited to, real estate investment trusts, any other lender regularly engaged in financing the purchase, construction or improvement of real estate, or any assignee of loans made by such a lender, or any combination of any of the foregoing entities.

(r)   "Limited Common Area" or "Limited Common Areas" means those portions of the Common Areas which are designated herein as reserved for the exclusive use of those entitled to the use of one or more, but less than all, of the Units.

(s) "Manager" means the person or entity designated by the Association, through the Board of Directors, to manage the af­fairs of the Condominium and to perform various other duties as may be assigned to such person or entity by the Board in accor­dance with the provisions of this Declaration and the By-Laws.

(t)   "Occupant" means the person or persons, in possession of a Unit.

(tt)        “Plans” “Site Plans” “Floor Plans” mean: 
Site Plans: Plan entitled “Revised Site Plan, Monadnock Pastures Condominium, Units ‘A’ & ‘G’”, 51 Bixby Street, Town of Marlborough, County of Cheshire, State of New Hampshire, Scale: 1 inch = 50 feet, dated January2, 2006, Revised July 19, 2007, prepared by David A. Mann, L.L.S. recorded in the Cheshire County Registry of Deeds in Cabinet 13, DR 3, # 160.

Floor Plans: Plan entitled “Unit ‘G’, Condominium Floor Plans, Monadnock Pastures Condominium”, 51 Bixby Street, Town of Marlborough, County of Cheshire, State of New Hampshire, scale: as noted, dated July 20, 2007 recorded in the Cheshire County Registry of Deeds in Cabinet 13, Dr 3, #161 and/or Plan entitled “Unit ‘A’, Condominium Floor Plans, Monadnock Pastures Condominium”, 51 Bixby Street, Town of Marlborough, County of Cheshire, State of New Hampshire, scale: as noted, dated July 20, 2007 recorded in the Cheshire County Registry of Deeds in Cabinet 13, Dr 3, #162.

Plans: The “Site Plans and Floor Plans”.

(u) “Rules” means such rules and regulations as the Board may adopt, from time-to-time, relative to the use of occupancy of the Condominium, or any part thereof.

(v)   "Unit"  means a portion of the Condominium designed and intended for individual ownership and use.

(w)   "Unit Owner" means one or more persons or entities who owns a Unit, but not including any mortgagee thereof unless or until such mortgagee obtains fee simple title thereto by foreclosure or deed in lieu of foreclosure.
(x)   Unless the context otherwise requires, all other terms used in the Declaration shall have the meaning attributed to them by the Act as of the date of this Declaration.




(a) Name.  The name of the Condominium is Monadnock Pastures Condominium.

(b)   Location.  The Condominium is located in Marlborough, Cheshire County, New Hampshire.

(c)   Description of Land.  A legal description by metes and bounds of the land submitted to the Act by this Declaration is set forth in Exhibit A, attached hereto and made a part hereof.

(d)   Boundaries of Units.  A description or delineation of the boundaries of the Units, including the horizontal boundaries and the vertical boundaries, is as follows:

(1)   The Condominium contains two (2) Units, to wit: Unit G and Unit A as shown on the Plans, each of which are separate buildings.  Each Unit, with the possible exception of Unit D and Unit C as shown on the Plans,  consists of the entire building including, without limitation, the roof, exterior walls, including siding, windows and doorways, foundation and all interior portions of the building.  As such, the upper horizontal boundary of each Unit, with the possible exception of Unit D and Unit C,  is the exterior surface of the roof shingles and any chimneys, antennas or other appurtenant structures.  The lower horizontal boundary of each Unit, with the possible exception of Unit D and Unit C, is the plane of the exterior surface of the foundation, footings and floor slabs.  The vertical boundaries of each Unit, with the possible exception of Unit D and Unit C, are the plane  of the exterior surfaces of the exterior walls of the building and the exterior surface of all windows, doors and other appurtenant structures such as shutters, overhangs, porches and steps.  

(2)   Each Unit,  with the possible exception of Unit D and Unit C, includes all portions of the building within said boundaries and the space which is enclosed thereby, excepting only such Common Areas as may be located therein.

(3)    Units are accessed by  driveways as shown on the Plans.  Each Unit is surrounded by a yard.  Such yards are Limited Common Areas appertaining and appurtenant to the Units they abut and serve. 

(4)   The pipes, ducts, flues, chutes, conduits, wires and other utility installations, including heating and air conditioning units, situated in a Unit, which serve that Unit alone, and any heating and air conditioning units located immediately outside of a Unit but serving only that Unit are part of the Unit.  If any such pipes, ducts, flues, chutes, conduits, wires and other utility installations lie partially within and partially outside of the designated boundaries of a Unit, any portions thereof serving only that Unit shall be deemed a part of that Unit, while any portions thereof serving more than one Unit or any portion of the Common Areas shall be deemed part of the Common Areas.

(e) Description of Common Areas and Limited Common Areas; Assignment of Limited Common Areas to Units.

(1) Description of Common Areas.  The Common Areas include all portions of the Condominium, including all real, personal and mixed property forming part thereof, except for the Units.  The Common Areas shall specifically include, without limiting the generality of the foregoing, the land described in Exhibit A hereto, all driveways and parking spaces, the lawns, gardens, shrubbery and other landscaping and plantings; all patios (if any); the septic system; the water supply system, and all pipes, ducts, flues, chutes, conduits, wires and utility installations existing for common use, including all such pipes, ducts, flues, chutes, conduits, wires and other installations situated within a Unit, but which serve other Units or Common Area, if any.

(2) Description of Limited Common Areas.  The Limited Common Areas (which are part of the above-described Common Areas) consist of portions of the driveways, portions of the parking areas, and the yards servicing the Units.  The portions of driveways and parking areas situated within Limited Common Areas and the yards are assigned as Limited Common Areas to the Units which they abut and serve as provided in the Condominium Act and as identified on the Condominium Site Plan and/or Floor Plans.

(f) Description of Common Areas Which May Subsequently Be Assigned as Limited Common Areas. There are no Common Areas not within the boundaries of any convertible lands which subsequently may be assigned as Limited Common Areas.

(g)   Allocation to Each Unit of an Undivided Interest in the Common Areas.  The undivided interest in the Common Area of each Unit is an equal undivided percentage determined by dividing one by the total number of units.  The undivided interest in the Common Area of each Unit is set forth on Exhibit C attached hereto.  In the event the number of Units increases due to a conversion as provided in Section B of this Article, then the percentage will change and an amendment to this Declaration will be made, including an amended Exhibit C. 

(h)   Statement of Purposes and Restrictions as to Use.  The Condominium is intended to be a single family residential condominium with a focus on equestrian recreational activities.  No commercial or industrial uses will be allowed, except for home occupations if and as permitted by the Marlborough Zoning Ordinance.  For a further statement of the purposes for which the Condominium and each of the Units are intended and restricted as to use, see ARTICLE VI of this Declaration.

 
 
B.  Section 16 II.

The Declarant, for itself and its successors-in-interest and assigns, hereby expressly reserves the right, at its sole option, for a period not exceeding five (5) years from the date of recording of this Declaration, to create additional Units and Limited Common Areas on all or any part of the Convertible Land (hereinafter defined), which right shall be exercised by amendment to this Declaration and the Bylaws, executed by the Declarant alone in the manner provided in Sections 18 II, 23, and 35 III of the Act, provided, however, that said five-year time period may be extended by up to an additional five (5) years by an amendment to the Declaration adopted pursuant to New Hampshire RSA 356-B: 54 IV and provided further, however, Declarant may, at its sole option, give up this right to convert either the whole or any portion of the Convertible Land prior to the expiration of the five-year period (as the same may be extended up to an additional five (5) years), by recording a notice of its intent to do so.  The consent of Owners and mortgagees will not be required as a condition for the exercise of the option unless expressly required by law.

(a)     Legal Description.  A legal description by metes and bounds of the “Convertible Land” upon which additional Units may be constructed and Limited Common Areas assigned, is attached as Exhibit D hereto and made a part hereof.  Portions of the Convertible Land may be added at different times, in any order, subject only to the limitations provided in this Article or in the Act.

(b)     Maximum Number of Units.  A maximum of five (5) single family residential Units may be created on the Convertible Land.  

(c)     Restrictions on Use. Intentionally omitted.

(d)     Construction of Compatible Quality Structures.  If erected, the structures erected on the Convertible Land will be compatible with the structures on the other portions of the submitted land in terms of quality of construction.  Any future improvements will be consistent with the initial improvements in terms of quality of construction.

(e)     Other Improvements.  Improvements consisting of Units, driveways, walkways, roads, parking areas and utility services are contemplated if all or any portion of the Convertible Land is converted.

(f)     Construction of Additional Units.  There is no assurance that any Units created on any portion of the Convertible Land will be substantially identical to the Units on the other portions of the submitted land in terms of layout, design, location, size, the principal materials used or architectural style.  However, it is intended that the Condominium, when completed, will be a homogeneous site and all such improvements will be compatible with one another.

(g)     Right to Create Limited Common Areas.  The Declarant reserves the right, exercisable in its sole discretion, to create Limited Common Areas within portions of the Convertible Land and/or to designate Common Area therein which may be subsequently assigned as Limited Common Area.  It is intended that any one or more of the five (5) Units constructed within the Convertible Land will have a driveway, one or more walkways and a yard, appurtenant thereto, similar to those Units created in other portions of the submitted land described in Article II, Section A(e)(2).

(h)     Reallocation of Interests in the Common Areas.  Upon the creation of any additional Units within the Convertible Land, the interests of all Owners in the Common Area will be reallocated in accordance with RSA 356-B:18 II.  The Declarant shall record site plans and floor plans (or an engineer’s certificate sufficient to accomplish the same purpose), together with an amendment to the Declaration reallocating undivided interests in the Common Areas so that the Units depicted on such site and floor plans will be allocated undivided interests in the Common Areas on the same basis as the Units depicted on the site and floor plans recorded simultaneously with this Declaration or any subsequent amendment thereto.  The intent is for each Unit within the Condominium to have an equal undivided interest.  Therefore, any such Unit declared will have a Common Area Interest equal to one divided by the total number of Units then-existing within the Condominium.  The effective date for each new Unit’s liability for assessments and obtaining voting rights will be as of the date that Unit is substantially completed but subsequent to the sale of the first Unit.

(i)     Easement to Facilitate Construction.  The Declarant shall have a transferable easement over and on the Common Areas of the Condominium for the purpose of constructing the additional Units and structures on any portions of the Convertible Land, together with improvements.  Declarant expressly reserves the right, on behalf of itself, its successors and assigns, to grant access and utility easements within the Common Areas of the Condominium for the purpose of access and for connecting the structures to utilities for the benefit of all of the respective Owners of the Units.  These easements will be in addition to and will not restrict in any manner the easements retained by the Declarant in Article III hereof. 

(j)     Payment of Real Estate Taxes on Convertible Land.  Real estate taxes attributable to the Convertible Land (or any portion thereof not yet converted) shall be assessed against and paid by Declarant, not the Unit Owners, until

The conversion of the Convertible land; or

The expiration of the above-noted five-year period (or such longer period, if extended), whichever occurs first.


(k)     Financing of Construction.  The Declarant reserves the right to use any portion, or all, of the Convertible Land as collateral for the purpose of financing construction thereon, and, until discharged, any such mortgage will have priority over the interest of Unit Owners in such portions of the Convertible Land.  Declarant’s reserved rights hereunder may be assigned by Declarant to an assignee of development rights.

(l)      Time Limit.  No such conversion will occur five (5) years from the date of recordation of this Declaration without an amendment to the Declaration, adopted pursuant to New Hampshire RSA 356-B:54, V.


(a)   Encroachments.  None of the rights and obligations of the Unit Owners created herein, or in any deed conveying a Unit from the Declarant to a purchaser thereof, shall be altered in any way by encroachments as a result of construction, repair, renovation, restoration, replacement or improvement of any structures or due to settling or shifting of structures, and there shall be valid easements for the maintenance of such encroachments so long as they shall exist.  If any portion of the Common Areas now or hereafter encroach upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Areas, or if any such encroachment shall occur hereafter as a result of (l) settling of a building, or (2) alteration or repair to the Common Areas made by or with the consent of the Association, or (3) as a result of repair or restoration of a building or any Unit after damage by fire or other casualty, or (4) as a result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the affected building stands.

(b)   Easement To Facilitate Sales.  
    
(i) Model Units and Sales Offices.  The Declarant and/or its representatives shall have the right and easement to maintain any number of model units and sales offices in the Condominium as it may determine.  Any sales office may be combined with one or more of the model units.  The Declarant shall have the further right and easement to locate and relocate these model units and the sales office at any time and from time to time in and to any Unit in the Condominium owned by the Declarant.  Any Units which are used as model units and as a sales office shall at all times remain Units and be marketable as such by the Declarant and shall not become part of the Common Areas. Notwithstanding the foregoing, in the event Declarant retains a Unit at the Condominium after all of the other Units have been conveyed or purchases a Unit thereafter, Declarant shall have the right to utilize said Unit as a sales office for those Unit Owners who desire to utilize Declarant as their sales agent.

(ii) Signs.  The Declarant shall have the right and easement to erect and maintain on any portion of the Condominium, including in or upon the buildings and structures forming part thereof, such for-sale signs and other advertising and promotional notices, displays and insignia as it shall deem necessary or desirable.  Any such signs will, at all times, remain Declarant's property.

(c)   Easement To Facilitate Development Of The Condominium. The Declarant hereby reserves to itself and its agents, representatives, employees and contractors the transferable right and easement to enter upon all or any portion of the Common Areas with men, vehicles, machinery and equipment for purposes of constructing, erecting, installing, operating, maintaining, repairing, modifying, rebuilding, replacing, relocating and removing buildings and their appurtenances, utilities of every character, roads, drives, walks and all such other structures and improvements as the Declarant shall deem necessary, proper or desirable to effect and complete the development of the Condominium.  This easement shall include the right to store vehicles, machinery, equipment and materials used or to be used in connection with such development work at, in or upon the Common Areas for such periods of time as shall be required for said development work. This easement shall not be construed to limit or restrict the scope of any easements granted for the purpose of facilitating development or expenses of the Condominium under the provisions of the Act.

(d)   Easements for Utilities.  The Declarant hereby reserves the right to convey easements over, under or through the submitted land to the Town of Marlborough, the Association, and any utility companies for easements deemed necessary or desirable to serve the Units within the Condominium.  As part of such right, the Declarant may grant easements over, under or through any parts of the submitted land to public or private water works companies for the purpose of providing water to the condominium.  All such easements will take precedence over the Unit Owner's rights and title in the Common Areas.

(e) Right of Ingress and Egress.  Each Unit Owner will have an unrestricted right of ingress and egress through the Common Areas designed for those purposes to access his Unit.  Such right is perpetual and is appurtenant to the Unit so that such right will pass with the Unit when transfer of ownership of the Unit occurs.  No partition of this right may occur.

(f)     Easements as shown on the Plans.  Unit B shall have and the Declarant reserves the right to convey a 25' wide access easement by foot  over the Convertible Land identified as Unit “A” Limited Common Area for the benefit of Unit B for all purposes for which access easements are commonly used.    Units D,E, and F shall have and the Declarant reserves the right to convey a 25' wide access easement by foot or vehicle over the Convertible Land identified as: (i) Unit “C” Limited Common Area for the benefit of Units D, E, and F and (ii) Unit “D” Limited Common Area  for the benefit of Unit F, for all purposes for which access easements are commonly used.   


(a)   Power To Fix And Determine.  The Association, through its Board of Directors, shall have the power to fix and determine from time to time the sum or sums necessary and adequate to provide for the Common Expenses of the Condominium and such other fees and charges as are specifically provided for in the Declaration and the Exhibits attached hereto.  The procedure for the determination of all such assessments shall be as set forth in the By-Laws of the Association and this Declaration. Assessments will begin on each Unit as of the date that Unit is declared and substantially completed.

(b)   Owner's Obligation To Pay Assessments. At the initial closing of the Unit between Declarant and Unit Owner, the Unit Owner shall pay into a segregated working capital fund, maintained by the Association, a sum equal to two months estimated Common Area charges.  Such amount is not an advance payment of regular assessments.  Declarant may not use the working capital fund to defray any of its expenses, reserve contributions, or construction costs or to make up any budget deficits while Declarant is in control of the Association.  Each Unit Owner shall pay all Common Expenses assessed against his Unit and all other assessments and charges made against his Unit by the Board of Directors pursuant to the Declaration or By-Laws.  Any Unit Owner having executed a contract for the disposition of his Unit, shall be entitled, upon written request to the President, Treasurer or Secretary of the Association, to a recordable statement setting forth the amount of unpaid assessments currently levied against that Unit.  Such statement shall be binding upon the Association, the Board of Directors, and every Unit Owner.  Failure to furnish such statement within ten (10) business days following receipt of such request will extinguish the lien created by Section 46 of the Act.

(c)   Unpaid Assessments.  Assessments for Common Expenses, maintenance fees and other fees and charges that are unpaid for over fifteen (15) days after due, will bear interest at the rate of eighteen percent (18%) per annum (or such other rate as the Board of Directors may determine) provided said interest rate does not violate any then-applicable usury statute or regulations (in which case said interest rate shall automatically be reduced to the then-highest permitted rate) from the due date until paid, and in addition and at the sole discretion of the Board of Directors, a late charge of up to $25.00 shall be due and payable.  Regular assessments shall be due and payable monthly on the first day of each calendar month.  A purchaser of a Condominium Unit, other than a purchaser at a foreclosure sale or a purchaser at a sale in lieu of foreclosure, shall take such Unit subject to a lien for unpaid assessments (see subsection (d) below) for any assessments against such Condominium Unit which are unpaid at the time of such purchase, provided, however, that such purchaser may rely upon that recordable statement of unpaid assessments referred to in subsection (b) above.

(d) Lien For Unpaid Assessments.  

(1) The Association shall have, in accordance with Section 46 of the Condominium Act, a lien upon each Unit for unpaid assessments, together with interest thereon, costs and reasonable attorneys’ fees, as well as a personal claim against the Unit Owner who held title when the assessment was assessed. Expenses incurred by the Association, including reasonable attorneys' fees, incident to the collection of such assessments or the enforcement of such lien, together with all sums advanced and paid by the Association for taxes and payments on account of superior mortgages, liens or encumbrances which may be required to be advanced by the Association, in order to preserve and protect its lien, shall be payable by the Unit Owner and secured by such lien.  The Board of Directors may take such action as it deems necessary to collect assessments by personal action or by enforcing and foreclosing said lien, and may settle and compromise the same if deemed in the best interests of the Association.  Said lien shall be effective as and in the manner provided for by the Act, and shall have the priorities established by the Act.  The Association shall be entitled to bid at any sale held pursuant to a levy on such lien for unpaid assessments, and to apply as a cash credit against its bid, all sums due, as provided herein, and covered by the lien being enforced.  

(2)   In the event an Institutional Lender holding a first mortgage lien on a Unit, or other purchaser of a Unit, obtains title to such Unit as a result of foreclosure by the Institutional Lender of its first mortgage lien, or if an Institutional Lender holding a first mortgage lien accepts a deed to such Unit in lieu of foreclosure, then the person or entity so acquiring title shall not be liable for any assessments by the Association pertaining to such Unit, or chargeable to the former Unit Owner which became due prior to acquisition of title as a result of the foreclosure.  Such unpaid assessments shall be deemed to be Common Expenses collectible from all of the Unit Owners including the person or entity acquiring title.

(3)   No person who acquires an interest in a Unit, except through foreclosure by an Institutional Lender holding a first mortgage lien, or the acceptance by an Institutional Lender holding a first mortgage lien of a deed in lieu of foreclosure, (including, without limitation, persons acquiring title by operation of law, including purchasers at judicial sales), shall be entitled to occupancy of the Unit or enjoyment of the Common Areas until such time as all unpaid assessments due and owing by the former Unit Owner have been paid.  The Association shall have the right to assign its claim for the recovery of any unpaid assessments to the Declarant, or to any Unit Owner or group of Unit Owners or to any third party.  Failure of the Association to provide a statement as provided in subsection (b) above will extinguish the lien for unpaid assessments.






(a) Purchase Of Insurance.

(1) The Board of Directors shall obtain and maintain at all times a Commercial General Liability insurance policy in the amount of at least One Million Dollars, a Special Farm Package insurance policy  (and maintenance of annual Farm Bureau dues if required in order to obtain said insurance) with  minimum liability limits of One Million Dollars and adequate replacement cost coverage for each barn,  and including insurance for such other risks, of a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other condominium projects of similar construction, design and use, which insurance shall be governed by the following provision:
1. All policies shall be written with a company licensed to do business in the State of New Hampshire.
2. Premiums upon insurance policies purchased by the Board of Directors of the Association shall be paid by the Association as a common expense.
3. Exclusive authority to adjust losses under policies hereafter enforced shall be vested in the Board of Directors or its authorized representative.
4. In no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder, be brought into contribution with insurance purchased by individual owners or their mortgagees.
5. Each owner may obtain additional insurance at his own expense from the company issuing the Master Policy; provided, however, that no owner shall be entitled to exercise his right to maintain insurance coverages in such a way as to decrease the amount which the Board of Directors on behalf of all of the owners may realize under any insurance policy which the Board of Directors may have in force on the condominium at any particular time.
6. Each unit owner may maintain his own insurance policy on his own unit and on his personal property contained therein.
7. Each owner shall be required to notify the Board of Directors of all improvements made by the owner to his unit, the value of which is in excess of One Thousand Dollars ($1,000.00).
8. Any owner who obtains individual insurance policies covering any portion of the project other than personal property belonging to such owner, shall be required to 
file a copy of such individual policy or policies with the Board of Directors within thirty (30) days of such insurance.
9. The Board of Directors shall be required to make every effort to secure insurance policies that will provide for the following:
(a) A waiver of subrogation by the insurer as to any claims against the Board of Directors, the Manager, the owners and their respective servants, agents, and guests;
(b) The Master Policy on the project can not be invalidated, or suspended on account of the conduct of any one or more individual owners;
(c) The Master Policy on the project can not be cancelled, invalidated, or suspended on account of the conduct of any officer or employee of the Board of Directors or Manager without a prior demand in writing that the Board of Directors or Manager cure the defect;
(d) That any “no other insurance” clause in the Master Policy exclude individual owners* policies from consideration.
10. The Board of Directors shall conduct an annual insurance review whcih shall include an appraisal of the improvements in the condominium by a representative of the insurance agent writing the Master Policy.

 
(2) Nothing in this Article V shall in any way prevent or limit Unit Owners from procuring such additional insurance as they deem appropriate, including, without limitation, insurance against loss to their Units and personal property, and negligence.

(b) Coverage.

(1) Casualty.  All buildings, improvements and structures which are included in the Condominium and comprise portions of the Common Areas, if any (none are contemplated at this time), shall be insured in an amount equal to the full replacement value thereof, all as determined annually by the Board of Directors.  Such coverage shall afford protection against:

(i)  Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and

(ii)  Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings included in the Condominium including but not limited to vandalism and malicious mischief.

(2)  Public Liability.  The Association shall procure and maintain a master policy for comprehensive public liability insurance covering the Association, the Board of Directors, the Manager, if any, all persons acting or who may come to act as agents or employees of any of the foregoing with respect to the foregoing, all Unit Owners, and all other persons entitled to occupy any Unit or other portion of the Condominium.  Such insurance shall be written on an "occurrence" basis and shall initially provide coverage of not less than $1,000,000 for injury to or death of one person; not less than $3,000,000 for injury to or death of more than one person in the same occurrence; and not less than $250,000 for damage to property.  A single limit policy in the amount of $3,000,000 shall be deemed compliance with the foregoing sentence.  Such insurance coverage will be increased from time-to-time to keep pace with inflation or industry increases in insurance awards.  Such insurance shall provide cross liability coverage with respect to liability claims of any one insured thereunder against any other insured thereunder, or against all other insureds thereunder as a group, but shall not insure against the individual liability of a Unit Owner for negligence occurring within his Unit.  Such insurance shall also provide coverage for any liability that results from lawsuits related to employment contracts in which the Association is a party.

(3)  Fidelity Bonds.  The Association may, but shall not be obligated to obtain blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not he or she receives compensation for services.  Such bonds will name the Association as obligee and the premiums will be paid by the Association as a common expense.

(4)  Worker's Compensation.  The Association shall procure and maintain worker's compensation insurance as required by law.

(5)  Flood Insurance.  If necessary, the Association shall procure and maintain flood insurance as required by law.

(6)  Other Insurance.  The Association shall procure and maintain such other insurance as the Board of Directors shall determine from time to time to be desirable, including, without limiting the generality of the foregoing, insurance upon owned and non-owned motor vehicles.

(c)  Notice to Owners.  When any policy of insurance has been obtained on behalf of the Association, written notice of the obtainment thereof and of any subsequent changes therein or termination thereof shall be promptly furnished to each Owner by the Secretary of the Association.  Such notice shall be sent by U.S. Mail, return receipt requested, to all Owners of record at the address of their respective Units and to such other addresses as any of them may have designated to the Secretary; or such notice may be hand delivered by the Secretary or Manager, provided the Secretary or Manager obtains a receipt of acceptance of such notice from the Owner.






(a) Residential  Use Restriction.  Each Unit Owner shall occupy and use his Unit as a single-family private dwelling for himself, his family, his social guests, lessees, licensees and invitees.  Each Unit Owner shall at all times comply with statutes, regulations, and ordinances applicable to the use of the Condominium, including without limitation the Zoning Ordinances of the Town of Marlborough, New Hampshire and any Condominium Rules.  No commercial or industrial uses will be allowed except for home occupations if and as permitted by the Marlborough Zoning Ordinance.  No Unit shall contain more than three (3) bedrooms except as hereinafter provided.  Notwithstanding anything aforesaid to the contrary, (a) Unit G  is permitted to have: (i) four (4) bedrooms,  exclusive of any apartment and/or “bed and breakfast” establishment located therein, (ii)  one (1) apartment which may be rented or leased to a tenant by the owner of Unit G, and (iii) a “bed and breakfast” establishment conducted therein as a home occupation, and (b) Units C and D, if constructed, combined and merged together so as to be used as one (1) single family residence, may have four (4) bedrooms.  

(b) Prohibited Acts.  The Unit Owner shall not permit or suffer anything to be done or kept in his Unit which will increase the rate of insurance upon the Condominium, or which will obstruct or interfere with the rights of other Unit Owners or annoy them by unreasonable noises, or otherwise, nor shall any Unit Owner commit or permit any nuisance, immoral or illegal acts in or about the Condominium.

(c) Restrictions Upon Alterations.  No Unit Owner shall cause or permit anything to be affixed or attached to, hung, displayed or placed, on the exterior walls, doors or windows of the Units or the Limited Common Areas or the Common Areas or which may be visible from the exterior of said Unit, except for normal and customary decorations.  Such restriction is to be interpreted and enforced in a reasonable manner so that Unit Owners can enjoy their own homes, but with the understanding that, as a condominium, Unit Owners expect a more homogeneous neighborhood than a non-condominium residential subdivision.  Each Owner shall maintain the existing landscaping as may be installed by the developer and, except for the normal planting of various flowers within his Limited Common Area, no Unit Owner shall cause or permit any type of plant, shrubbery, or vegetable garden to be grown, except with the prior written consent of the Board of Directors and subject to the Condominium Rules, nor shall he cause or permit awnings or storm shutters, enclosures and the like to be affixed or attached to any Unit or Common Areas, nor, shall he place any furniture (except normal outdoor furniture) or equipment outside his Unit, except with the prior written consent of the Board of Directors and subject to the Condominium Rules provided however, that under no circumstances shall any such addition or alteration  increase the number of square feet of year round living space or encroach within twenty-five (25) feet of any other unit..  Unit Owners shall not be permitted to conduct any nuisance or hazardous activity on or in the Common Areas or Limited Common Areas.

(d) Common Areas.  No person shall use the Common Areas and Limited Common Areas or any part thereof, or a Unit, or the Condominium, or any part thereof, in any manner contrary to the Condominium Rules at the time in effect.  Subject to the preceding sentence, each Unit Owner may use the Common Areas, excepting Limited Common Areas, for the purposes for which they are intended but in so doing they shall not hinder or encroach upon the rights and privileges of other Unit Owners.  There is a yard designated as a Limited Common Area around each Unit and it is intended that each Unit will enjoy a certain privacy associated with each Unit being a separate building.  All Unit Owners and other Occupants must respect that privacy.

(e)     Covenants Regarding Common Area, Common Open Space and Buffers.  The Declarant, on behalf of itself and its successors in interest and The Association, covenants that the Common Area as are set forth on The Site Plan, and are and shall forever be and remain subject to the following restrictions:

i. No Common Area  may be sold or further subdivided, with the exception  of the right reserved to the Declarant to convert, develop and sell all or any portion of the convertible land as provided in Article II, B of this Declaration.

ii. The Common Area shall be subject to such reasonable rules and regulations as may from time to time be promulgated by The Association.

iii.       Improvements may be made by  Declarant  and/or  The Association to the extent such improvements (aa) are permitted by the Marlborough Zoning Ordinance,  as amended; which do not detract from the intent and purpose of the Condominium; and (bb) are utilities shown on the Site Plan or any amended site plan approved by the Marlborough Planning Board; and

iv.     No use thereof shall be permitted except such uses as shall from time to time be permitted by the Marlborough Zoning Ordinance, as currently set forth in such Ordinance as amended from time to time, and this Declaration .

v.       Unless the Town of Marlborough accepts the interior roadways and drives as public streets in whole or in part, all interior roadways and drives on site as shown on the Plans, are private roadways maintained by the Unit Owners Association.  The Town of Marlborough shall not be responsible for maintenance or liability for any damages resulting from the use of said private roadways.

vi. The Common Area shall not be used in a manner which is inconsistent with the residential character of the Condominium, nor shall any noxious or offensive use be made of any part of the Condominium; provided however, that the Common Area and Limited Common Area  may be used for customary equestrian activities including, without limitation, horseback riding, jumping, dressage, and driving.  Farm animals such as cows, sheep, goats,  chickens, pigs,  and similar animals are not permitted upon the Common Area or Limited Common Area, with the exception of horses.  Common household pets such as dogs and cats are permitted upon the Common Area and Limited Common Area.

vii.  Snowmobiles and recreational motorized vehicles are not permitted upon the Common Area or Limited Common Area.

viii.  No permanent fences are permitted within the boundaries of the Common Area or Limited Common Area with the exception of those in existence as of the date of this Declaration of Condominium  (which may be repaired or replaced in their existing locations).  Existing stone walls within the Common Area or Limited Common Area shall not be removed, altered or disturbed other than for construction associated with the initial development of the Condominium or any Unit and ongoing maintenance and repair.

ix.  Parking will be allowed within the Common Area and Limited Common Area only in designated locations.  No unregistered vehicles are allowed.  Parking on the Limited Common Area will be restricted to automobiles, tractors, horse trailers, RV’s and pick-up trucks, unless the Board of Directors allows other types of vehicles to be parked thereon.

x.  No dumpsters are allowed within the Common Area or Limited Common Area.

xi.  No one shall obstruct, commit any waste in or otherwise cause any damage beyond reasonable wear and tear to the Common Area and anyone causing such damage shall pay the expense incurred by the Board in repairing it; and nothing shall be stored in the Common Area without the prior written permission of the Board.  

(f)     The covenants and restrictions set forth in this Article shall run to the benefit of the Declarant, the Association and each and every Owner, any of whom may enforce the same by proceedings at law or in equity, which proceedings may seek the remedies of specific performance and mandatory injunction.  The full text of these provisions shall be included in each and every deed of a Unit.





(a)   Management Contract.  The Board of Directors, acting on behalf of the Association, may enter into a Management Agreement with any firm, person or corporation, or may join with other condominium associations and entities in a joint management agreement, for the management of the Condominium and its maintenance and repair, and may delegate to the Manager all the powers and duties of the Association, except such as are specifically required by the Declaration, or by the By-Laws, to have the approval of the Board of Directors or the membership of the Association.  The Manager may be authorized to determine the budget and make and collect assessments for Common Expenses as provided by the Declaration and By-Laws.  The Manager also will be responsible for implementing and overseeing the rules, regulations and decisions of the Board of Directors concerning all equestrian activities.  The Declarant shall serve as the initial Manager.

(b)   Maintenance Responsibility - Units.  Each Owner of a Unit agrees as follows:

(1) To maintain in good condition and repair his Unit and the roof and all exterior surfaces, and to maintain and repair the fixtures therein and pay for any utilities which are separately metered to his Unit.  All roof shingles and exterior colors must be approved by the Board of Directors and must be in harmony with the other Units to enhance the neighborhood setting.

(2) Not to make or cause or permit to be made any structural addition, alteration, decoration, repair, replacement or change of the Common Areas or to any outside or exterior portion of the Unit without the prior written consent of the Board of Directors; provided however, that under no circumstances shall any such addition or alteration  increase the number of square feet of year round living space or encroach within twenty-five (25) feet of any other unit.

(3)   Not to tamper with any bearing wall or take or permit any action that will impair the structural soundness or integrity or safety of the Unit or any other structure in the Condominium.

(4)   Not to impair any easement or right or personal property which is a part of the Condominium.

(c) Right Of Entry By Association.  The Association shall have the irrevocable right, to be reasonably exercised by the Board or its agents, to enter any Unit or Limited Common Area to inspect the same for legitimate reasons, to remove violations therefrom and to perform any maintenance, repair or construction for which the Association is responsible, and further shall have the irrevocable right, to be reasonably exercised by the Board or its agents, to enter any Unit or Limited Common Area for the purpose of performing maintenance work or making repairs necessary to prevent injury or damage to other parts of the Condominium, including other Units.  Such entry shall be made with advanced prior written notice to the Unit Owner, with as little inconvenience to the Unit Owner as possible, except in the case of emergencies when such entry may be immediate, regardless of convenience, and any damage caused thereby or expenses in connection therewith shall be repaired or satisfied by the Board as a Common Expense, unless such maintenance, repairs or construction are necessitated by the failure of the Unit Owner to perform his maintenance or repair obligations or otherwise by his fault or negligence, in which case the Unit Owner shall bear the expense thereof.  Any expense to be paid by the Unit Owner pursuant to this paragraph (c) shall be payable to the Association upon demand.

(d)   Signs.  The Declarant and/or the Association retains the right to install signage advertising the Condominium as a whole at the entrance to the Condominium. Such signage will be considered to be part of the Common Area and will be maintained by the Association as a Common Expense. Except for street numbers to be attached to the Unit or mailbox and a Unit Owner’s name on the mailbox, there shall be no signs permitted on the Common Area including, without limitation, “FOR SALE”, “SOLD” or “FOR LEASE” signs.  Additionally, there will be no signs permitted for political candidate advertising.

(e)   Remedies For Violation.  In the event a Unit Owner fails to maintain the exterior of his Unit and Limited Common Areas, as required herein, or in the event a Unit Owner makes any exterior alterations or additions without the required written consent, or otherwise violates or threatens to violate the provisions hereof, the Association shall have the right to proceed in a Court of equity for an injunction to enforce compliance with the provisions hereof.  In lieu thereof and in addition thereto, the Association shall have the right to levy an assessment against a Unit Owner and his Unit, for such sums as may be necessary in order to remove any unauthorized addition or alteration and to restore the property to good condition and repair.

(f) Right To Select Decor.  The Association shall determine the exterior color scheme of the buildings, the type and color of roof shingles and all exterior landscaping schemes of the Common Areas (including Limited Common Areas); provided that the exterior color scheme for the buildings shall be limited to muted or flat earth tones drawn from a color palette of browns, tans, greys, and greens.

(g)   Maintenance Of Common Areas.  Each Unit Owner shall be responsible for the maintenance, repair and replacement of all improvements within his Limited Common Area including, without limitation, the driveway, walkways and all landscaping up to and including the Unit; provided however, that the Association, acting through the Board of Directors, may assume responsibility for some or all of said improvements within the Limited Common Areas.  The Association shall be responsible for the maintenance, repair and replacement of the Common Areas which are outside of the Limited Common Areas, and all property not required to be maintained, repaired and/or replaced by the Unit Owners.  Notwithstanding the Unit Owner's obligations of maintenance, repair, replacement and the other responsibilities as to his Unit and Limited Common Area, as provided in the Declaration, the Association may enter into agreements with such firms or companies as the Board of Directors may select from time to time to provide certain services and/or maintenance for and on behalf of the Unit Owners whereby maintenance and service are provided on a regularly scheduled basis for such items as road repair and landscaping services to the Common Areas (and Limited Common Areas if the Association elects to do so) and such other types of maintenance and services as the Association deems advisable.  Such agreements shall be made by the Association for the benefit of all Unit Owners and will be a Common Expense.






(a)   Encroachments.  If any portion of the Common Area now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Area, or if any such encroachment shall occur hereafter as a result of (l) settling of a building, (2) alteration of or repair to the Common Area made by or with the consent of the Board of Directors, (3) repair or restoration of a building or any Unit after damage by fire or other casualty, or (4) condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the affected building stands.

(b)   Alterations Within Units.  A Unit Owner may make alterations, additions and improvements within his Unit, including moving, removing, altering or adding to interior walls and partitions, provided that no such alteration, addition or improvement may affect the structural elements or integrity of any structure, without the prior written consent by the Board.;  provided however, that under no circumstances shall any such addition or alteration  increase the number of square feet of year round living space. A Unit Owner may not make any alterations, additions or improvements to the exterior of his Unit, or change the color thereof or change the roof shingle style or color, without the prior written consent of the Association by a vote of Unit Owners.; provided however, that under no circumstances shall any such addition or alteration  increase the number of square feet of year round living space or encroach within twenty-five (25) feet of any other unit.

(c)   No Subdivision of Units.  The Condominium will contain no more than seven (7) Units (assuming all of the Convertible Land is utilized).  No single Unit may be subdivided to create multiple Units.






(a) Amendment Prior To Conveyance Of A Unit.  Prior to the conveyance of a Unit to an owner other than the Declarant, the Condominium Instruments may be amended at any time and from time to time by an instrument in writing signed by the Declarant in accordance with section 33 of the Act.

(b)   Amendment After Conveyance Of A Unit.  Subsequent to the conveyance of a Unit to an owner other than the Declarant the Condominium Instruments may be amended only by an instrument in writing approved and agreed to by Owners of Units to which sixty-seven percent (67%) of the voting power in the Association appertain in accordance with section 34 of the Act, provided that:

(1) No instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same has been signed by the Owner(s) and any Institutional Lender of record of the Unit so altered.

(2)   No instrument of amendment which alters the percentage of undivided interest in the Common Areas, the liability for Common Expenses, the rights to Common Profits, or the voting rights in the Association appurtenant to any Unit shall be of any force or effect unless the same is permitted or required by the Condominium Instruments, is consistent with the applicable provisions of the Act and has been approved and agreed to by all the Unit Owners and any Institutional Lenders of record of the Units affected thereby.

(3)   No instrument of amendment which alters the Condominium Instruments in any manner which would render any of them contrary to or inconsistent with any requirements or provisions of the Act shall be of any force or effect.

(4)   No instrument of amendment which purports to affect the Declarant's reserved rights of control set forth in ARTICLE X of the Declaration shall be of any force and effect unless it is assented to in writing by the Declarant, and this assent is recorded with such amendment in the Cheshire County Registry of Deeds.

(5)   No instrument of amendment which purports to affect the Declarant's reserved rights and easements shall be of any force and effect unless it is assented to in writing by the Declarant and this assent is recorded with such amendment in the Cheshire County Registry of Deeds.

(6)   No instrument of amendment which would adversely affect the Declarant's right and ability to develop and/or market the Condominium shall be of any force or effect unless it is assented-to in writing by the Declarant, and this assent is recorded with such amendment in the Cheshire County Registry of Deeds.

(7)      No instrument of amendment which would prevent a Unit Owner from renting his Unit for a use permitted herein, shall be of any force or effect unless the same has been signed by the Owner(s) and any Institutional Lender of record of the Unit so affected.

(c)   Neither consent nor joinder of mortgagees is required for Unit Owners to validly cast their votes in the affairs of the Association or with respect to the Declaration or ByLaws.

(d)   Recording Required.  No amendment to the Condominium Instruments shall become effective until an instrument setting it forth in full shall be recorded in the Cheshire County Registry of Deeds.  After the conveyance of a Unit to an owner other than the Declarant, such instrument shall either (i) be signed by Unit Owners holding the requisite voting power for its adoption or (ii) be signed by the President and Treasurer of the Association, in which case it shall be accompanied by a certification of vote by the Secretary of the Association and shall recite that the consent and approval of the Unit Owners required for its adoption has been obtained.  Such instrument, as so executed and recorded, shall be conclusive evidence of the existence of all facts re cited therein and of compliance with all prerequisites to the validity of such amendment in favor of all persons who rely thereon without actual knowledge that such facts are not true or such amendment is not valid.







(a)   Rights Reserved.  Subject to paragraph (b), below, the Declarant, or a Manager or some other person or persons selected or to be selected by the Declarant, may appoint and remove some or all of the officers of the Association, or its Board of Directors, or both and may exercise the powers and responsibili­ties otherwise assigned by the Condominium Instruments to the Association, its officers or the Board of Directors.

(b)   Limitation.   No amendment to the Condominium Instru­ments shall increase the scope of the authorization in paragraph (a), above if there is any Unit Owner other than the Declarant, and such authorization shall not be valid after the earlier of: (l) the expiration of three (3) years from the filing of this Declaration in the Cheshire County Registry of Deeds or (2) the date upon which Units to which three-quarters (3/4) of the undivided interests in the Common Areas appertain have been conveyed.

(c)   Renewal Of Management Or Other Agreement.  If entered into during the period of control contemplated by paragraph (a), above, no Management Agreement, or any other contract or lease executed by or on behalf of the Association, its Board of Directors or the Unit Owners as a group shall be binding after such period of control unless then renewed or ratified with the consent of Owners of Units to which a majority of the votes in the Association appertain.  If the Declarant enters into a professional management contract before control of the Condominium is passed to the Unit Owners, then the contract must provide the Association the right to terminate it, without cause, at any time after the transfer of control to the Unit Owners.  In no event will the Association be liable for the termination of a management contract in this manner, including, without limitation, for the payment of any penalty or an advance notice of more than ninety (90) days.






(a) Termination Prior To Conveyance Of A Unit.  Prior to the conveyance of a Unit to an owner other than the Declarant, the Condominium may be terminated at any time by an instrument in writing signed by the Declarant in accordance with section 33 of the Act.

(b)   Termination After Conveyance Of A Unit.  

(1) Required Vote.  Subsequent to the conveyance of a Unit to an owner other than the Declarant, the Condominium may be terminated only by an instrument in writing approved and agreed to by Owners of Units to which four-fifths (4/5) of the voting power in the Association appertain in accordance with section 34 of the Act.
(2) Effect of Termination.  If the Association shall vote to terminate the Condominium at any time or for any reason, then upon the recording of an instrument terminating the Condominium all of the property constituting the same shall be owned by the Unit Owners as tenants-in-common in proportion to their respective undivided interests in the Common Areas immediately prior to such recordation.  As long as such tenancy-in- common lasts, each Unit Owner and their respective heirs, successors and assigns shall have an exclusive right of occupancy of that portion of the Condominium property which formerly constituted his Unit.
(c)   Recording Required.  No termination of the Condominium shall become effective until an instrument reciting the fact of such termination shall be recorded in the Cheshire County Registry of Deeds.  After the conveyance of a Unit to an owner other than the Declarant, such instrument shall either (i) be signed by Unit Owners holding the requisite voting power for its adoption or (ii) be signed by the President and Treasurer of the Association, in which case it shall be accompanied by a certification of vote by the Secretary of the Association and shall recite that the consent and approval of the Unit Owners required for its adoption has been obtained. Such instrument, as so executed and recorded, shall be conclusive evidence of the existence of all facts recited therein and of compliance with all prerequisites to the validity of such termination in favor of all persons who rely thereon without actual knowledge that such facts are not true or such amendment is not valid.


No Unit Owner or other person or entity acquiring any interest in any Unit shall seek to obtain by bill in equity or other legal process judicial partition or judicial sale in lieu of partition of his undivided interest as a tenant-in-common in the Common Areas and all rights, legal or equitable, to such partition, or sale in lieu thereof, are hereby waived and relinquished.





I.   In the event of any resale of a Condominium Unit or any interest therein by any person other than the Declarant, the owner or prospective purchaser shall have the right to obtain from the Owners' Association, prior to the contract date of the disposition, the following, pursuant to Section 58 of the Condominium Act:

a. A statement pursuant to Section 46 VIII of the Act.

b. A statement of any capital expenditures and major maintenance expenditures anticipated by the Unit Owners' Association within the current or succeed­ing two fiscal years.

c. A statement of the status and amount of any reserve for the major maintenance or replacement fund and any portion of such fund earmarked for any speci­fied project by the Board of Directors.

d. A copy of the income statement and balance sheet of the Unit Owners' Association for the last fiscal year for which such statement is available.

e. A statement of the status of any pending suits or judgments which the Unit Owners' Association is a party defendant.

f. A statement setting forth what insurance coverage is provided for all Unit Owners by the Unit Owners' Association and what additional insurance coverage would normally be secured by each individual Unit Owner.

g. A statement that any improvements or alterations made to the Unit, or the Limited Common Areas as signed thereto, by the prior Unit Owner are not known to be in violation of the Condominium Instru­ments.




II.   The principal officer of the Unit Owners' Association, or such other officer or officers as the Condominium Instruments may specify, shall furnish the statements prescribed by Paragraph I upon the written request of any prospective Unit Owner within ten (10) days of the receipt of such request.

Notwithstanding any other provision of this Declaration, the By-Laws or the Condominium Rules, so long as a first mortgagee is the holder of a construction mortgage lien conveyed to it by Declarant covering one or more of the Units, and unless the first mortgagee shall have given its approval, the Owners Association and Board of Directors shall not be entitled to:

(a) by act or omission, seek to abandon or terminate the Condominium;

(b) partition or subdivide any Unit;

(c) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area;

(d) use hazard insurance proceeds for losses to the property (whether to Units or to Common Area) for other than the repair, replacement or reconstruc­tion of such losses, except as provided by statute in case of substantial loss to the Units and/or Common Area; or

(e) amend, modify or otherwise change any rights or obligations under this Declaration, the By-Laws or the Rules, except as may be specifically reserved to the Declarant, including, without limitation, the right to create additional units on the Convertible Land, pursuant to Article II, Section B hereof.





(a) Leasing.  A Unit Owner may lease his Unit at any time and from time to time, provided the Association is given the identity of the tenant, together with mailing address (if different than the Unit) and telephone number of such tenant.  Any tenant shall be subject to all of the provisions of the Condominium Instruments, and no such lease shall relieve the Unit Owner of his obligations and responsibilities under the Condominium Instruments including, without limiting the generality of the foregoing, the obligation to pay his share of Common Expenses and the liability for assessments.

(b)   Personal Property.  The Association may acquire and hold, for the benefit of Unit Owners tangible and intangible personal property and may dispose of the same by sale or otherwise;  and the beneficial interest in such personal property shall be owned by such Unit Owners in the same proportion as their respective interests in the Common Areas.  A transfer of a Unit shall convey to the transferee ownership of the transferor's beneficial interest in such personal property, whether or not such personal property is specifically mentioned therein.

(c)   Condominium Rules.  The Board of Directors shall have the power and authority to adopt and amend, from time to time, the Condominium Rules.  A copy of the Condominium Rules shall be furnished to each Unit Owner.

(d)   No Exemption From Liability to Pay Common Expenses.  No Unit Owner may exempt himself from liability for his contribution toward Common Expenses, by waiver of the use and enjoyment of any of the Common Areas or by the abandonment of his Unit.

(e)   Enforcement.  Each Unit Owner and all other persons occupying or using a Unit or any part of the Common Areas shall comply strictly with the provisions of the Declaration, the By- Laws and the Condominium Rules, as the same may be lawfully amended from time to time, and with decisions of the Board of Directors made pursuant to the Declaration, By-Laws and Condominium Rules.  Failure to comply shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board in the name of the Association, or in a proper case, by an aggrieved Unit Owner.  In addition to or in conjunction with the foregoing, the Association may deny any Unit Owner who is delinquent in the payment of assessments or who has committed an infraction of the Condominium Rules the use and enjoyment of the Common Areas until such delinquent assessments are paid or, in case of infraction of the Condominium Rules, for a period not to exceed thirty (30) days.  Notwithstanding the foregoing, the Association may not deny such use and enjoyment during such time as a Unit Owner is reasonably contesting such assessments or rules.   No such denial of use and enjoyment shall entitle any Unit Owner to any reduction in his share of Common Expenses or maintenance fees.  The Association and any aggrieved Unit Owner will have a cause of action against any Unit Owner who fails to comply with the provisions of this Declaration, the By-Laws or the Rules, or the decisions made by the Association.  Unit Owner’s will have similar rights of action against the Association.

(f)   Instruments To Be Construed As Covenants.  All the provisions of the Declaration and the Appendices hereto, and any amendments thereof, shall be construed as covenants running with the land and every Unit Owner and their respective heirs, personal representatives, successors and assigns shall be bound there by.

(g)   Eminent Domain.  The provisions of RSA 356-B:6 shall control in the event of the condemnation of all or any part of the Condominium.  The Association is hereby designated to represent the Unit Owners in any proceedings, negotiations, settlements or agreements and each Unit Owner, by accepting a deed to his Unit, appoints the Association his attorney-in-fact for such purpose.  Any proceeds from settlement will be paid to the Association, or an insurance trustee designated by the Association, for the benefit of those Unit Owners and mortgage holders entitled to such awards.

(h)   No Warranty.  Subject to the provisions of Section 41 of the Act, the Declarant specifically disclaims any intent to have made any warranty or representation in connection with the Condominium or the Condominium Instruments, except as specifically set forth therein, and no person shall rely upon any warranty or representation not so specifically made therein unless otherwise stated.  Common Expenses, taxes or other charges are estimates only and no warranty or representation with respect thereto is made or intended, nor may one be relied upon.

(i)   Partial Invalidity.  All provisions of the Condominium Instruments shall be deemed severable and any unlawful provisions thereof shall be void, but no such partial invalidity shall impair or affect in any manner the validity or enforceability of the balance of the Condominium Instruments.
(j)   Gender, Etc.  Whenever the context so requires, the use of any gender shall be deemed to include all genders, the use of the singular shall include the plural, and the use of the plural shall include the singular.

(k)   Captions.  The captions used in the Condominium Instruments are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing the effect or meaning of any provision of the Condominium Instruments.

(l)   Waiver.  The failure by the Board of Directors to insist, in any instance, upon the strict performance of any of the terms, covenants, conditions or restrictions of the Declaration, the ByLaws or the Condominium Rules, or to exercise any right herein or therein contained, or to serve any notice, or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition, restriction or right, which shall remain in full force and effect thereafter.  The receipt by the Board of any payment of a Common Expense or other payment from any Unit Owner with knowledge of a breach by such owner of any term, covenant, condition or restriction hereof shall not be deemed a waiver of such breach, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by a majority of the members of the Board.

(m)   Notices.  Except as otherwise specified in the Condominium Instruments or the Act, all notices to the Association and the Board of Directors shall be delivered or sent by mail to the Board at such address as the Board may designate from time to time by notice in writing to all Unit Owners.  All notices to Unit Owners shall be delivered or mailed to their addresses in the Condominium, or to such other address as they may designate in writing to the Board of Directors.  All notices shall be deemed to have been duly given when delivered or put into the United States mail, except notices of change of address which shall be deemed to have been given when received.

(n)   Interpretation.  The provisions of the Condominium In­struments shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium project.  To the extent that any provision of the By- Laws or the Condominium Rules are in conflict with the provisions of this Declaration, the Declaration shall control and to the extent that any provision of the Declaration, the By-Laws or the Condominium Rules are in conflict with the provisions of the Act, the Act shall control.




IN WITNESS WHEREOF, the Declarant has caused this Declaration to be signed this ____ day of ________________, 2007.


  _______________________                                             
Witness Noel Aderer
STATE OF NEW HAMPSHIRE
COUNTY OF CHESHIRE

The foregoing instrument was acknowledged before me this _____ day of _________________, 2007, by Noel Aderer.

_______________________________
Notary Public/Justice of the Peace
My Commission Expires:
[Seal]

.

JOINDER OF MORTGAGEE


FOR VALUE RECEIVED, Taylor, Bean & Whitaker Mortgage Corp., holder of a mortgage from Noel Aderer to Connecticut River Bank, NA, on the submitted land described in Exhibit A dated April 19, 2007, and recorded in the Cheshire County Registry of Deeds at Book 2433, Page 0605 and subsequently assigned to Taylor, Bean & Whitaker Mortgage Corp. by Assignment dated April 19, 2007 and recorded in Book 2433, Page 0621 at the Cheshire County Registry of Deeds, joins herein for the purpose of consenting to the recordation of this Declaration of Monadnock Pastures Condominium, the Exhibits hereto and to the site plans and floor plans and to the legal effect and operation thereof, provided, however, that the within Units and the Common Area appurtenant thereto shall remain subject to the lien of the aforesaid mortgage pursuant to the terms set forth therein as fully as if said mortgage had originally been of the Units and appurtenant Common Area, until partially released.


Witness its hand this ____ day of _____________, 2007.

Taylor, Bean & Whitaker
Mortgage Corp.
___________________________ By:___________________________
Witness Type name:____________________
Title:_________________________
(Duly authorized)      

STATE OF ____________________
COUNTY OF __________________

The foregoing instrument was acknowledged before me this ____ day of____________, 2007, by (type name)________________________, (title)____________ of Taylor, Bean & Whitaker Mortgage Corp., duly authorized, on behalf of said corporation.

______________________________
Justice of the Peace/Notary Public
My Commission Expires:
[Seal]

EXHIBIT A


Land Description

.EXHIBIT B


BY-LAWS


.EXHIBIT C


Monadnock Pastures Condominium

Table of Percentage of Undivided Common Area Interest

Unit # % of Undivided Interest
             G                                                50%
                  A                                                50%



.EXHIBIT D

    LEGAL DESCRIPTION OF CONVERTIBLE LAND


LEGAL DESCRIPTION

Meaning and intending to describe the convertible area as shown on plan titled “*”

[end]

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