Declaration of Condominium

DECLARATION OF CONDOMINIUM

FOR

WASHINGTON VILLAGE COUNTRY CLUB AND RESIDENCY

PHASE I

This Declaration is made this 23rd day of June, 1989 by W.P. Associates of 24 Salt Pond Road, Unit B-4, Wakefield, Rhode Island 02879.

ARTICLE 1

SUBMISSION, DEFINED TERMS

1.1 Submission of Property, Name, Location

W. P. Associates, (hereinafter the “Declarant”), owner in fee simple of the land described in “Exhibit A” annexed hereto, located within the Town of Coventry, County of Kent, State of Rhode Island (hereinafter the “Land’), hereby submits the Land, together with and subject to all easements, rights, and appurtenances thereunto belonging, (hereinafter “the Property”) to the provisions of Chapter 36.1 et seq of Title 34 of the Rhode Island General Laws, as amended, (hereinafter the “Act”) and hereby creates with respect to the Property a condominium to be known as Washington Village Country Club and Residency (hereinafter “the Condominium”).

1.2 Defined Terms

As provided in Section 34-36.1-1.03 of the Rhode Island Condominium Act (“the Act”), terms not otherwise defined herein shall have the meanings specified in that section of the Act.

ARTICLE 2

BUILDINGS ON THE LAND, UNIT BOUNDARIES, USED UNITS

2.1 The Land & Buildings

The land which is, and shall be, subject to this Declaration is located in the Town of Coventry, County of Kent, State of Rhode Island, and is more particularly described “Exhibit A” annexed hereto. A site plan of the Property referred to as “Exhibit B” is attached hereto and copies of the diagrammatic floor plans/building plans of the Buildings to be built upon the Property and collectively referred to as “Exhibit F” are annexed hereto.

2.2 Buildings, Units & Phases

The buildings of this “Sub-Phase 1” of this Condominium shall include four two-story buildings containing four townhouse units within each building which each building having dimensions of approximately 74’ by 26’, with each building having two floors and one basement for each unit created. The layout of these buildings within the Land and the building numbers of these four buildings are shown on the site plan attached hereto which is labeled “Exhibit B” and made a part hereof, with these four buildings being contained within the boundaries of the area designated on said site plan as “Sub-Phase 1“. In completing additional phases of this Condominium, the Declarant reserves the right to create a total of forty-two buildings (Including the four buildings created in “Sub-Phase 1”): eighteen two-story buildings containing three townhouse condominium units with dimensions of approximately 54’ x 26’ and twenty-four two-story buildings containing four townhouse condominium units with dimensions of approximately 74' x 26’ for a total of one hundred fifty units (150). The Buildings contain two floors and one basement for each Unit. The condominium will be established in nine phases, “Sub-Phase 1” being as aforesaid, “Sub-Phase 2” consisting of four four-unit buildings contained within the boundaries of “Sub-Phase 2” as delineated on the site plan, as aforesaid, “Sub-Phase 3” consisting of four four-unit buildings contained within the boundaries of “Sub-Phase 3” as delineated on the site plan, as aforesaid, “Sub-Phase 4” consisting of two four-unit buildings and three three-unit buildings contained within the boundaries of “Sub-Phase 4” as delineated on the site plan, as aforesaid, “Sub-Phase 5” consisting of one four-unit building and four three-unit buildings contained within the boundaries of “Sub-Phase 5” as delineated on the site plan, as aforesaid, “Sub-Phase 6” consisting of four four-unit buildings and one three-unit building contained within the boundaries of “Sub-Phase 6” as delineated on the site plan, as aforesaid, “Sub-Phase 7” consisting of one four-unit building and four three-unit buildings contained within the boundaries of “Sub-Phase 7” as delineated on the site plan, as aforesaid, “Sub-Phase 8” consisting of one four-unit building and four three-unit buildings contained within the boundaries of “Sub-Phase 8” as delineated on the site plan, as aforesaid, and “Sub-Phase 9” consisting of three four-unit buildings and two three-unit buildings contained within the boundaries of “Sub-Phase 9” as delineated on the site plan as aforesaid. This site plan is conceptual in nature, not to scale, and intended only to show the general layout of the entire project, and the Declarant reserves the right to alter or amend these phases in any manner for reasons deemed necessary by the Declarant in Declarant’s sole discretion. Location of parking spaces and other features may be changed.

2.3 The Units

The designation of each Unit within Sub-Phase 1, and its percentage of undivided interest in the Common Elements within the Property are set forth in “Exhibit C”, annexed hereto. Such percentage of undivided interest in the Common Elements within the Property shall be modified as subsequent phases are added as aforesaid. The formula used for the computation of the percentage interests shown in “Exhibit C” is contained in ARTICLE 4, section 4.1 of this Declaration and this formula shall be used in the recalculation of the percentage interests of all units of the Condominium as more units are added by the Declarant per ARTICLE 2, section 2.2.

The boundaries of each of the units with respect to the floors, ceilings, walls, doors, and windows thereof shall be as follows: (a) Floors --- the plane of the unfinished and undecorated surfaces of the wood or concrete floors; (b) Ceilings --- the plane of the drywall or plaster of the ceilings; (c) Vertical boundaries --- as to exterior perimeter walls, the plane of the unfinished and undecorated interior surfaces of the drywall or plaster; As to Doors --- the exterior surfaces of the door frames in which such doors are set. The Unit includes the thickness of the finished material such as drywall or plaster and, as to windows, the Unit side surface of the sash of windows which are set in the exterior walls of such Unit, the exterior surface of the planes of such windows and the Unit side surface of the sills, moldings, trim, jambs and mullions for such surface windows. In addition, each Unit shall include the heating apparatus and air conditioning equipment appurtenant to such Unit, the electric wiring, outlets, and receptacles commencing with and including the electric meter box (including any exterior lighting fixture appurtenant to and/or within the Unit, and the plumbing fixtures, pipes and valves within the perimeter of the Unit and serving only such Unit. A Unit shall not include any loadbearing members of walls and partitions located within the perimeter of such unit or any pipes, wires, ducts, flues, chutes, conduits, common utility lines and structural components within the perimeter of such Unit, but utilized by, or serving, another Unit or Units or a part of the Common Elements.

In addition to and notwithstanding the foregoing, Units which are shown on the Plans as having basements shall include the basements shown therein. The boundary lines of the basements are formed by the planes of the unfinished interior surfaces of the floors, walls, and ceilings.

2.4 Alterations

(a) The Declarant reserves the right to change the interior design and arrangement of all Units and to alter the boundaries between Units, so long as Declarant owns the Units so changed or altered, Any such change or alteration shall he reflected by an amendment to this Declaration which may be executed by Declarant alone, notwithstanding and superceding the procedures for amendment described in this Declaration. If more than one unit is altered, Declarant shall, if appropriate, appropriately reapportion the shares of the Common Elements which are allocated to the altered Units.

(b) No Unit Owner shall make or cause to be made any alterations or changes in or to the exterior or structure of any Unit without first obtaining the written consent of the Executive Board or the Unit Owners if and as required by the Act. In determining whether to give or to withhold such consent, the Executive Board shall take into account the architectural, aesthetic and economic effects of any such proposed alteration or change on the overall condominium plan. If the Executive Board or the Unit Owners, as the case may be, consent in writing to an alteration or change, then the Unit Owner or Owners of the Unit or Units to which such alteration or change is applicable shall be responsible for effecting, maintaining and repairing such alteration or change, unless the Executive Board or the Unit Owners, as the case may be, determine otherwise.

2.5 Use of Units

Each Unit shall be used or occupied only for residential purposes. No Unit Owner shall use, or suffer or permit the use of, any Unit in any way which will cause discomfort, inconvenience, or annoyance to any other Unit Owners or occupants of the property.

2.6 Leases

No Unit Owner- may rent or lease his Unit, or renew or extend the term of a lease, except on the following terms and conditions:

(a) All tenancies must be in writing and shall be for a term of not less than one (1) year;

(bc) All leases shall be subject to prior written approval of the Executive Board.

Even if a lease satisfies the foregoing provision, the Executive Board may terminate such lease if, after the Executive Board notifies the lessor and the lessee that the lessee has violated the terms of this Declaration (including the By-Laws and the Rules and Regulations) , the lessee continues or fails to correct such violation within a reasonable period of time. Any costs, including reasonable attorney’s fees incurred by the Executive Board in connection with approving or terminating a lease, shall constitute a Special Assessment against the Unit being leased.

2.7 Pets

Pets of any size, type or nature may be kept within any Unit of the Condominium only with the prior written consent of the Executive Board. Should a Unit Owner wish to keep a pet within a Condominium Unit for any length of time, however brief, said Owner shall request permission far same from the Executive Board, in writing, stating in such request the type and size of the pet, the reason for said request, the length of time the pet would remain on the property and any special considerations as to why such permission is sought. The Executive Board may deny such a request if it feels that the granting of same would be detrimental to the health, welfare, safety or convenience of other Unit Owners or would impair the quiet use and enjoyment of any other Unit by its Owner. In granting such a request, the Executive Board may affix reasonable conditions thereto upon which such approval shall be conditioned, said conditions being to ensure the health, welfare, safety and convenience of all other Unit Owners and/or their quiet use and enjoyment of their respective Units. After any such approval to keep a pet in a Unit has been granted, the Executive Board may rescind such approval if the keeping of said pet in the Unit, in the opinion of the Executive Board, proves to be a detriment to the health, welfare, safety or convenience of any other Unit Owner or impairs the quiet use and enjoyment of any other Unit by its Owner. Upon any such rescinding of approval, the pet for which approval has been rescinded shall be forthwith removed from the Unit by the Owner thereof.

ARTICLE 3

COMMON ELEMENTS

3.1 Common Elements

The Common Elements and facilities consist of all of the Property, except the Units and Limited Common Elements (hereinafter described), including, without limitation, all of the following:

(a) The land described in “Exhibit A” on which the improvements stand;

(b) The foundations, columns, girders, beams, supports, roofs, and entrances and exits of the Building (other than any portion of said exterior and interior walls included in the Units as specified in Section 2.3 hereof);

(c) Installation of services such as power, light, gas, hot and cold water, heating and waste disposal, including all equipment attendant thereto (but not including equipment contained within and servicing a single Unit);

(d) All conduits, chutes, ducts, plumbing, wiring, pipes, flues and other facilities for the furnishing of utility services or waste removal which are contained in portions of the Building contributing to the structure or support thereof, and all such facilities contained within any Unit, which serves parts of the Building other than the Unit within which such facilities are contained, together with an easement of access thereto for maintenance, repair and replacement;

(e) The yards, lawns, gardens, plantings, walkways, parking areas not designated for the use of any one Unit, the recreation area to be constructed as shown on the site plan and the improvements thereon and thereof, including walls, railings, steps, lighting fixtures and planters;

(f) All other apparatus and installations existing in the Building for common use or necessary or convenient to the existence, maintenance or safety of the Building, or any of them;

(g) All other property normally in common use by the Unit Owners, all areas of the property which do not fall within the Unit itself, except for Limited Common Elements designated in Section 3.2, and all areas designated in the Act as Common Elements.

3.2 Limited Common Elements

The Limited Common Elements consist of all assigned parking spaces, front porches, steps, mailboxes, rear decks and steps and any other areas outside the Units themselves which are designed to be used by one or more but less than all the Units.

3.3 Common Elements Expenses

The Common Elements shall be subject to the provisions of the Act, the Declaration, the By-Laws and the rules and regulations promulgated pursuant thereto with respect to the use thereof. With such Common Elements as are assigned to particular Units, such as porches, decks, outside stairways, bulkheads, and mailboxes (which are herein defined as Limited Common Elements), and any payments required therefor, such Limited Common Elements shall be used and paid for only by the owner of the Unit to which such Limited Common Elements, if any, are appurtenant or associated or reserved and by such Owner’s successors and assigns.

ARTICLE 4

ALLOCATION OF PERCENTAGE OF INTERESTS, COMMON EXPENSES AND VOTING RIGHTS

4.1 Undivided Interest in Common Elements

The undivided percentage interest of each Unit in the Common Elements is equal to a fraction, the numerator of which is one hundred and the denominator of which is the number of Units actually constructed and completed. The percentage interest in the Common Elements shall not be separated from the Unit to which it appertains and shall be deemed conveyed or encumbered with the Unit even though such interest is not expressly mentioned or described in the conveyancing deed, encumbrance, or other instrument. Percentage interests will be reallocated, as per the above stated fractional computation formula, as Units are added as herein provided in ARTICLE 2, Section 2.2. The interests of all completed Units at the time of recording of the Declaration are set forth in “Exhibit C” annexed hereto.

4.2 Percentage Interest in Common Expenses and Common Profits

Each Unit shall have a percentage in the Common Expenses anti Common Profits of the Condominium which is equal to a fraction, the numerator of which is one hundred and the denominator of which is the number of Units actually constructed and completed. Each Unit Owner shall be liable and shall pay for the Unit Owner’s proportionate share of Common Expenses, with said Common Expenses to be promptly paid to the Association on a monthly basis upon the first day of each month and, if a Unit Owner fails to pay Unit Owner’s monthly proportionate share of the Common Expenses, the Association shall have a lien upon such Unit for all such unpaid Common Expenses in accordance with and as provided by the Act. Should a Unit Owner fail to pay to the Association any Unit Owner’s monthly proportionate share within fifteen (15) days of the date such payment is due, then, for each such late monthly share, the Unit Owner shall be assessed and be liable for the payment to the Association of both a late charge of twenty—five dollars ($25.00) and also interest on the monthly proportionate share, until paid, at the rate of twenty-one percent (21%) per annum, with such late charges and interest to also be a lien upon such Unit in accordance and as provided by the Act. Percentage Common Expenses will be reallocated, as per the above stated fractional computation formula, as Units are added as herein provided per ARTICLE 2.2. The Percentage Common Interests of all completed Units at the time of recording of this Declaration are set forth in the “Exhibit C” annexed hereto.

4.3 Initial Capital Contribution

Upon the purchase of any Unit and in addition to the monthly proportionate share of Common Expenses, the new Unit Owner, at the time of conveyance of said Unit, shall deposit with the Association an amount equal to two (2) months of that Unit's monthly proportionate share of Common Expenses, with said sum to be earmarked as a contribution to capital reserves for the Condominium and refundable to the Unit Owner without interest upon the sale of said Unit.

4.4 Retention of Surplus Funds

Any surplus funds of the Association remaining after the payment of or provision for common expenses and any prepayment of reserves may be retained by the Association and applied toward the payment of future common expenses, the payment of any other expenses, the payment of any portion of a future special assessment, or the funding of capital reserves.

4.5 Voting

Notwithstanding anything to the contrary contained in this Declaration, the Owner or Owners of each Unit shall be entitled to cast one (1) vote per Unit on any matter on which a Unit Owner is entitled to vote pursuant to this Declaration, By-Laws and/or the Act. For purposes of this section, the Declarant shall be deemed the unit Owner as to any Unit that has not been sold by the Declarant.

4.6 Changes in “ARTICLE 4” allocations

The Common Element Interest, Common Expense Liability and votes in the Association are allocated to each Unit equally. The Common Element Interest, Common Expense Liability and votes in the Association shown for each Unit are subject to change in the event that the Declarant or the Executive Board at the request of any Unit Owner changes the allocations to a unit pursuant to the procedure set forth in Sections 34-36.1-2.12 and 34-46.1-2.13 of the Condominium Act.

ARTICLE 5

PARTITION, ENCROACHMENTS AND EASEMENTS

5.1 Covenant Against Partition

The Common Elements shall remain undivided and appurtenant to the designated Unit. No Owner of any Unit or any other person shall bring action for partition or division thereof to the extent prohibited by the Act.

5.2 Encroachments

If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any of the construction of a building or its repair, made by or with the consent of the Association, or if any such encroachments shall occur hereafter as a result of settlement or shifting of a Building, a valid easement for the encroachment and for the maintenance of the same, so long as the Building stands, shall exist. In the event a Building, any Unit, any adjoining Unit, or any adjoining Common Element, shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings, and then reconstructed with the consent of the Association, then any minor encroachment of parts of the Common Element upon any Unit or of any Unit upon any other Unit or upon any portion of the Common Elements, due to such reconstruction, shall he permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the Building shall stand.

5.3 Easements and Use

In addition to the easements created by Section 34-36.1-2.14 and 34-36.1-2.16 of the Condominium Act, the following easements are hereby granted:

(a) Unit Owners. Each Unit Owner shall have an easement in common with the other Owners to use all pipes, wires, ducts, flues, cables, conduits, public utility lines, and other Common Elements located in any of the other Units and serving his Unit. Each Unit shall be subject to an easement in favor of the Owners of all other Units to use the pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements serving other Units and located in such Unit.

(b) The Association. The Association shall have the right of access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or replace the Common Elements contained therein or elsewhere in the Building, subject, however, to the provision that the work of installation or repair (other than work done by the Owner of the Unit within his own Unit) shall be performed by the Association or its agent.

(c) Utility Services. The Town of Coventry, any sewer authority or commission which now or hereafter accepts end/or treats the sewerage to said Condominiums, any water authority or supply board which now or hereafter supplies Water to said Condominiums, New England Telephone Company, Narragansett Electric Company, and all other public utilities, municipal entities or quasi—municipal entities which now or hereafter supply utilities, cable television, natural gas or other municipal services to said Condominiums, their successors and assigns, are hereby granted the right, privilege and authority to lay, construct, renew, operate, maintain, replace and remove poles, conduits, cables, pipes, wires, transformers, switching apparatus, gas mains and necessary manholes, catch basins, connections, appliances and other structures and appurtenances as may be deemed necessary by said public utilities and the Town of Coventry, their successors and assigns, into and through the Common Elements for the purpose of providing their services to the Property. Any public body rendering police and fire services is granted an easement over and upon the Common Elements for the purpose of providing police and fire protection services and to enforce all applicable police and fire regulations.

(d) Existing Easements: The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of any reservation in this Declaration are stated on “Exhibit D”, annexed hereto.

(e) Use for Sales Purposes. All Units shall be subject to Declarant's rights reserved pursuant to Section 34-36.1-2.15 of the Condominium Act. The Declarant shall have the right to maintain sales offices, management offices and models throughout the Property. The Declarant reserves the right to place models, management offices and sales offices on any portion of the Common Elements or in any Unit in such number, of such size and in such locations as the Declarant deems appropriate. The Declarant may from time to time relocate models, management offices and sales offices to different Units or to different locations within the Common Elements. Upon the relocation of a model, management office or sales office, the Declarant may remove all personal property and fixtures therefrom. Any fixtures not so removed shall be deemed to be part of the Unit, or, if located on the Common Elements, shall he deemed to be part of the Common Elements, and any personal property not so removed shall be deemed to be the property of the Purchaser of such Unit, if specifically provided for in the Purchase and Sales Agreement, or of the Association, as appropriate.

5.4 Easement for Ingress and Egress Through Common Elements, Access to Units and Support

(a) Each Unit Owner is hereby granted an easement in common with each other Unit Owner for ingress and egress through all Common Elements (excluding Limited Common Elements subject to such reasonable rules, regulations and restrictions as may be imposed by the Association. Each Condominium Unit is hereby burdened with and subjected to an easement for ingress and egress through all Common Elements (excluding Limited Elements) by persons lawfully using or entitled to the same.

(b) Declarant's Easement. Declarant reserves, for as long as it is entitled to exercise any development rights, and easement on, over and under those portions of the Common Elements not 1ocated within a Building for the purpose of maintaining and/or correcting drainage or surface water in order to maintain reasonable standards of health, safety and appearance. The easement created herein expressly includes the right to cut any trees, bushes, or shrubbery, to grade any soil, or to take any other action reasonably determined by the Declarant to be necessary. The Declarant or the Association, as the case may be shall restore the affected property as closely to its original condition as is practicable.

(c) Declarant reserves, for as long as it is entitled to exercise any development rights, and easement to go upon any and all of the Property for the purposes of construction, reconstruction, maintenance, repair, renovation, replacement or correction of the Units or Common Elements (including, without limitation, the Limited Common Elements).

(d) Reservation of Easement Rights. The Declarant reserves the right to grant to any third party any license or easement in, on, over or through the Property (excluding the Units) in addition to and not in limitation of those set forth in this ARTICLE 5, which license or easement is determined by the Declarant, in its reasonable judgment, to be necessary for the development or improvement of the Property (excluding the Units). Any such license or easement granted hereunder may be recorded by the Declarant at its sole cost and expense. The Association, at the request of the Declarant, shall execute and deliver in recordable form any instrument or document necessary or appropriate to confirm the grant of such license or easement.

ARTICLE 6

MAINTENANCE AND REFAIRS

6.1 Allocation of Maintenance and Repair Expenses

(a) All maintenance and replacement of and repairs to any Unit, whether ordinary or extraordinary, to the doors, windows, electrical, plumbing, heating and/or air conditioning fixtures within or part of the Unit or belonging to the Unit Owner shall be done by the Unit Owner at the Unit Owner’s expense, except as specifically provided in subsection (b) of this Section 6.1. Every Unit Owner shall perform promptly all maintenance, repair and replacement work within the Unit Owner's Unit which if omitted or delayed would affect the Property or any other part thereof. The Executive Board may, without notice to any Unit Owner, make such maintenance repairs or replacement and assess such Unit Owner for the cost of any such work performed at the direction of the Executive Board after said Board has made a reasonable determination that such Unit Owner has failed to comply with the requirements of the preceding sentence.

(b) All maintenance and replacement of and repairs to any part of the Common Elements or Limited Common Elements and the painting and decorating of the exterior side of interior door frames and exterior window sashes shall be made by or at the direction of the Executive Board and shall be a Common Expense, except to the extent that, in the reasonable determination of the Executive Board, the same are necessitated by the negligence, misuse or neglect of a Unit Owner, in which event such expense shall be assessed to such Unit Owner.

ARTICLE 7

ASSOCIATION

7.1 Duties, Powers, and Executive Board

The responsibility for the administration, maintenance, repair, replacement, improvement and operation of the Property constituting the Condominium project established by this Declaration shall be exercised by an Association to be known as the Washington Village Country Club and Residency Condominium Association (hereinafter and hereinbefore referred to as the “Association”) in accordance with the provisions of this Declaration, the Act and the By-Laws of the Washington Village Country Club and Residency Condominium Association, as they may be from time to time amended, which are fully incorporated herein by reference, with said Association to have all of the powers available to it under Section 34-36.1-3.02 of the Rhode Island General Laws, except as same is be limited during the “Period of Declarant’s Control”, as provided below. An Executive Board composed of nine members, which shall be either elected by the Association or appointed by the Declarant during the “Period of Declarant‘s Control” as hereinafter provided, shall carry out the duties of the Association hereunder, having all the powers available to said Executive Board under Section 34-36.1-3.03 of the Rhode Island General Law.

7.2 Period of Declarant’s Control

Until either (1) sixty days after conveyance of eighty percent (80%) of the one hundred fifty (150) units which may be created in the Condominium to Unit Owners other than the Declarant, (2) two years after the Declarant has ceased to offer units for sale in the ordinary course of business, or (3) two years after any development right to add new units was last exercised, whichever occurs first, the Declarant shall retain control of the Association, during which the Declarant shall have the sole power to appoint and remove the officer and members of the Executive Board, except that, notwithstanding the power granted to the Declarant to appoint or remove members and officers of the Executive Board, no later than sixty (60) days after the conveyance of twenty-five percent (25%) of the 150 units that may be created in this Condominium to Unit Owners other than the Declarant, at least three members of the Executive Board must be elected by Unit Owners other than the Declarant. Additionally, during this period of Declarant control and, notwithstanding any other provisions contained herein or in the Bylaws, (1) the Declarant, for itself and its successors and assigns, and its agents and representatives, reserves the unrestricted right, without the consent of the Unit Owners, the Association or the Executive Board, to renovate, sell, assign, mortgage or lease any of the Units which Developer continues to own, to maintain a sales office and model units, to post signs on the Property and to do all things necessary for the renovation, marketing and sale of Units; (2) neither this Declaration nor the Bylaws may be amended without the consent of Declarant; (3) no manager, management company or management agent for the Condominium may be appointed, engaged, retained or removed by the Association or the Executive Board without the consent of the Declarant; (4) the consent of the Declarant shall be required by any person, including without limitation the Executive Board, Unit Owners or the Association, for the construction of any improvements within the Property; and (5) the Declarant reserves an easement in the Common Areas and Facilities and the Limited Common Areas and Facilities on the Property for the purpose of ingress and egress to the Property during renovation and repair of structures and improvements thereon and for so long as the Developer owns any Units on the Property and for the installation of drainage and utility pipes, cables, and conduits for the benefit of such structures and improvements.

7.3 Association Membership

With regard to membership in the Association, every person who is a record Owner of a fee or undivided fee interest in any Unit on the Property shall be a member of the Association, and membership in the Association shall be appurtenant to and may not be separated from ownership of a Unit; provided, however, that no person who holds an interest in a Unit merely as security for the performance of an obligation shall be deemed a member of the Association; and provided, further that no Unit shall have more than one vote appurtenant to or associated with it, irrespective of the number of record Owners of such Unit.

7.4 Association Budget Approval

The Executive Board shall formulate and adopt an annual budget for the Condominium, subject to approval of the Association. With regard to approval of a budget proposed by the Executive Board to the Association within thirty (30) days after the adoption of same by said Executive Board, said board shall mail a copy of same to all Unit Owners at the address of each Unit or at any other address provided to the Executive Board, in writing, by any Unit Owner for the purpose of mailing such budgets. Included with said budget shall be a notice that sets a date and time for a meeting for the ratification of that budget, the date of which shall be not less than fourteen (14) days nor more than thirty (30) days after the date of the mailing said budget to Unit Owners, and at said meeting, unless at least eighty percent (80%) of the Unit Owners reject said budget at said meeting, the proposed budget shall be deemed approved and ratified. In the event that said budget is rejected, the periodic budget last ratified by Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board.

7.5 Bylaws

The Bylaws of the Association which shall control the operation of said Association and the Executive Board are annexed hereto as “Exhibit E”. Should any portion of said Bylaws prove inconsistent, at variance or incompatible with any portion of this Declaration, then the provision of this Declaration shall be superior and controlling.

ARTICLE 8

RIGHTS OF MORTGAGEES

8.1 Federal Home Loan Mortgage Corporation/Federal National Mortgage Association Compliance

In order to comply with the requirements of the Federal Home Loan Mortgage Corporation and/or the Federal National Mortgage Association notwithstanding anything to the contrary contained in this Declaration or the By-Laws recorded herewith, Declarant and all subsequent Unit Owners hereby agree as follows:

(a) The right of first refusal pertaining to the sale or leasing of a Unit contained herein and incorporated in this Declaration shall not impair the rights of mortgagee to:

1. foreclose or take title to a Unit pursuant to the remedies provided in the mortgage; or

2. accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor; or

3. sell or lease a Unit acquired by the mortgagee through foreclosure or pursuant to any other remedies provided in the mortgage or by law;

(b) Any mortgagee who obtains title to a Unit by foreclosure or pursuant to any other remedies provided in the mortgage or by law will not be liable for such Unit’s unpaid common charges, dues or assessments including, without limitation, special assessments, which accrued prior to the acquisition of title to such Unit by the mortgagee, except for those as to which a notice of lien was recorded prior to the date such mortgagee’s mortgage was recorded.

(c) Unless all of the mortgagees have given their prior written approval, neither the Unit Owners nor the Association nor its Executive Board shall be entitled, by amendment to this Declaration or otherwise, to:

1. by act or omission, seek to abandon or terminate the Condominium except in the event of substantial destruction of the Property by fire or other casualty or in the case of a taking by condemnation or eminent domain;

2. change the pro-rata interest or obligations of any individual Unit for the purpose of (1) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or (2) determining the percentage share of ownership of each Unit in the Common Elements;

3. partition or subdivide any Unit;

4. by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements shall not be deemed an action for which any prior approval of a mortgagee shall be required under this sub—paragraph;

5. use hazard insurance proceeds for losses to any property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such property, except as may be provided by the Act in case of a taking of or substantial loss to the Units and/or Common Elements.

(d) In no case shall any provision of this Declaration or the By-Laws give a Unit Owner or any other party priority over any rights of any mortgage of the Unit pursuant to its

mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or takinq of such Unit or the Common Elements.

(e) Any mortgagee, upon request to the Executive Board, will be entitled to:

1. written notification of any default by its borrower who is an Owner of a Unit with respect to any obligation of such borrower under the Declaration or By-Laws which is not cured within ninety (90) days;

2. Inspect the books and records of the Association during normal business hours provided that reasonable advance notice is given;

3. written notice of all meetings of the Association, and be permitted to designate a representative to attend all such meetings; and

4. prompt written notification from the Association of any damage by fire or other casualty to the Unit upon which the mortgagee holds a mortgage or proposed taking by condemnation or eminent domain of said Unit or the Common Elements.

8.2 Compliance Intent

The Declarant intends that the provisions of this Article comply with the requirements of the Federal Home Loan Mortgage Corporation and/or the Federal National Mortgage Association with respect to condominium mortgage loans and except as otherwise required by the provisions of the Act, all questions with respect thereto shall be resolved consistent with that intention.

ARTICLE 9

INSURANCE

9.1 Types and Amounts

In addition to and in supplementation of the insurance required under Section 34-36.1-3.13 of the Act, the association shall obtain the following types and amounts of insurance:

(a) Property insurance maintained by the Association shall be of the “all risk or special” type, shall be issued by an insurer rated as “Best AA or better and shall cover the Property, including the Units and all improvements and appliances contained within them as of the date of the Closing of each Unit from the Declarant (or the value thereof), but excluding any improvements or appliances subsequently added by a Unit Owner. The amount of any such hazard insurance obtained pursuant to this paragraph shall be equal to the full insurable replacement value of the insured property, without deduction for depreciation, (i.e. 100% of current replacement cost exclusive of land, foundations, excavation and other items normally excluded from coverage). Such hazard insurance policy shall include a separate "loss payable endorsement” in favor of the Mortgagees subject and subordinate to the loss payable provisions in favor of the Association if there is no Insurance Trustee, or if there is an Insurance Trustee, to the Insurance Trustee under the Insurance Trust Agreement. If the Executive Board fails within sixty days after the date of an insured loss to initiate a claim for damages recoverable under the policy or policies obtained pursuant to this sub—paragraph, any Mortgagee may initiate such a claim on behalf of the Association.

(b) Comprehensive Liability Insurance policies, complying with the requirements of Section 9.2 hereof, insuring the Unit Owners, in their capacity as Unit Owners and Association members and any managing agent retained by the Association, against any liability to the public or to other Unit Owners, their tenants or invitees, relating in any way to the ownership and/or use of the Common Elements and any part thereof. Such insurance policy shall contain a “severability of interest endorsement” or equivalent coverage which precludes the insurer from denying the claim of a Unit Owner because of the negligent acts of the Association or another Unit Owner. Limits of liability shall be at least One Million Dollars ($1,000,000.00) covering all claims for personal injury and/or property damage arising out of a single occurrence. Such insurance shall include protection against liability for non—owned and hired automobiles, liability for property of others, and such other risks as are customarily covered in similar projects. The scope and amounts of coverage of all liability insurance policies shall be reviewed at least once each year by the Executive Board and may be changed in its discretion provided that such policies shall continue to comply with the requirements of this section and Section 9.2 hereof.

(c) A fidelity bond or insurance coverage against dishonest acts on the part of such persons (including, by way of illustration and not limitation, Association members, officers, directors, trustees, agents, employees and volunteers) responsible for handling funds belonging to or administered by the Association. Such fidelity bond or insurance shall name the Association as the named insured and shall be written in any amount sufficient to provide protection which is in no event less than one and one half (1-1/2) times the Associations estimated annual operating expenses including reserves. Notwithstanding the foregoing, in the event that the Federal National Mortgage Associations and/or the Federal Home Loan Mortgage Corporation reduces the required amount of the fidelity bond or insurance which Associations must maintain to less than the amount set forth in the proceeding sentence, the Association may decrease the amount of the fidelity bond or insurance to the minimum amount required by such entities. In connection with such coverage, era appropriate endorsement to such policy or bond in order to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers.

(d) Such Workers’ Compensation insurance as applicable laws may required.

(e) Insurance to satisfy the indemnification obligation of the Association and all Unit Owners set out in Section 10.2 hereof, if and to the extent available.

9.2 Required Provisions

Insurance obtained by the Association shall be in accordance with the following provisions:

(a) All policies shall be written with a company licensed to do business in the State of Rhode Island and, for the hazard insurance policy described in Section 9.1 (a) hereof, such company must hold a rating of Class VI or better by Best's Insurance Reports (or a rating of Class V, provided it has a general policy holder’s rating of at least “A”), or an equivalent rating bureau should Best’s Insurance Reports cease to be issued.

(b) Exclusive authority to adjust losses under policies hereafter in force on the Property shall be vested in the Executive Board or its authorized representative.

(c) Each Unit Owner may obtain additional insurance at his own expense; provided, however, that: (1) such policies shall not be invalidated by the waivers of subrogation required to be contained in policies required by this Declaration; and (2) no Unit Owner shall be entitled to exercise his right to maintain insurance coverage in such a way as to decrease the amount which the Association may have in force on the Property at any particular time.

(d) Any unit Owner who obtains individual insurance policies covering any portion of the Property other than personal property belonging to such Owner shall be required to file a copy of such individual policy or policies with the Association within thirty (30) days after purchase of such insurance.

(e) With respect to the insurance policies issued to the Association and covering all or any part of the Property, the Association shall endeavor to cause such policies to provide that:

(1) the enforceability of such policies is not affected by any waiver of subrogation as to any and all claims against the Association, any managing agent, the Unit Owners and their respective tenants, employees, agents, customers and guests, such abrogation being hereby waived;

(2) such policies cannot be cancelled, invalidated or suspended by means of the conduct of any one or more Unit Owners; all defenses based upon co-insurance or acts of the insured being waived by the insurer, and in no event can cancellation, material modification, invalidation or suspension for any reason be effected without at least sixty (60) days prior written notice to each Unit Owner and all holders of mortgages whose names and addresses are on file with the insurer;

(3) such policies cannot be cancelled, invalidated or suspended on account of the conduct of any office or employee of the Association or any managing agent employed by the Association without a prior demand in writing that the Association or such managing agent, as the case may be, cure the defect and without providing a reasonable period of time thereafter in which to cure same; and

(4) any “no other insurance” clause in such policies shall not prohibit Unit Owners from obtaining insurance on their individual Unit provided such insurance policy conforms with the requirements of this Article 9.

(5) such policies shall contain a standard mortgage clause in favor of each Mortgagee who is registered with the Association.

(f) the Executive board shall review annually the adequacy of the Insurance coverage and report the results of such review at each annual meeting.

(g) the name of the insured under each policy required pursuant to this Article 9 shall be stated in form and substance similar to the following:

“Washington Village Country Club and Residency Condominium Association, for the use and benefit of the individual Owners of the Condominium Units contained in the Washington Village Country Club and Residency Condominiums, or their authorized representatives.”

(h) Coverage may not be prejudiced by: (1) any act of negligence of one or more Owners of Unit when such act or neglect is not within the control of the Association; or (2) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control.

(i) All policies of property insurance shall provide that, despite any provision giving the insurer the right to elect to restore damage in lieu of a cash settlement, such options shall not be exercisable (1) without the prior written approval of the Executive Board (or any Insurance Trustee), or (2) when in conflict with the provisions of any Insurance Trust Agreement to which the Association may be a party or with any requirement of law.

(j) Insurance coverage obtained and maintained pursuant to the requirements of this Article 9 shall provide the primary insurance in the event there is other insurance in the name of the Unit Owner covering the same loss.

9.3 Repair of Damage or Destruction to Condominium

The repair or replacement of any damaged or destroyed portion of the Condominium shall be done in accordance with and governed by Section 34-36.1-3.13 of the Act.

9.4 Variance from Rhode Island Law

The above requirements shall be deemed to supplement Section 34-36.1-3.13, and, where the requirements herein are inconsistent with said statute, the requirements of said statute shall be superceding and controlling.

ARTICLE 10

LIMITATION OF LIABILITY

10.1 Limited Liability of the Executive Board

The Executive Board, and its members in their capacity as members, officers, and employees:

(a) Shall not be liable for the failure of any service to be obtained by the Executive Board and paid for by the Association, or for injury or damage to persons or property caused by the elements or by another Unit Owner or person on the Property, or resulting from electricity, gas, water, rain, dust or sand which may leak or flow from the outside or from any part of the Building, or from any of its pipes, drains, conduits, appliances, or equipment, or from any other place unless in each such instance such injury or damage has been caused by the willful misconduct or gross negligence of the Association or the Executive Board;

(b) Shall not be liable to the Unit Owners as a result of the performance of the Executive Board members’ duties for any mistake of judgment, negligence or otherwise, except for the Executive Board members’ own willful misconduct or gross negligence;

(c) Shall not have personal liability in contract to a Unit Owner or any other person or entity under any agreement, check, contract, deed, lease, mortgage, instrument or transaction entered into by them on behalf of the Executive Board or the Association in the performance of the Executive Board members’ duties;

(d) Shall not be liable to a Unit Owner or such Unit Owner’s tenants, employees, agents, customers or guests, for loss or damage caused by theft of or damage to personal property left by such Unit Owners or his tenants, employees, agents, customers or guests in a Unit, or in or on the Common Elements, except for the Executive Board members’ own willful misconduct or gross negligence;

(e) Shall have no personal liability in tort to a Unit Owner or any other person or entity, direct or imputed, by virtue of acts performed by or for them, except for the Executive Board members’ own willful misconduct or gross negligence in the performance of their duties; and

(f) Shall have no personal liability arising out of the use, misuse or condition of the Buildings, or which might in any other way be assessed against or imputed to the Executive Board members as a result of or by virtue of their performance of their duties, except for the Executive Board’s members’ own willful misconduct or grass negligence.

10.2 Indemnification

Each member of the Executive Board in his or her capacity as an Executive Board member, officer or both, shall be indemnified by the Association against all expenses and liabilities, including attorneys’ fees reasonably incurred by or imposed upon him in connection with any proceeding in which he may become involved by reason of his being or having been a member of the Executive Board, or any settlement of any such proceeding, whether or not he is an Executive Board member, officer, or both at the time such expenses are incurred, except in such cases wherein such Executive Board member and/or officer is adjudged guilty of willful misconduct or gross negligence in the performance of his duties or any other standard imposed by the Act; provided that, in the event of a settlement, this indemnification shall apply only if and when the Executive Board (with the affected member abstaining if he is then an Executive Board member) approves such settlement and reimbursement as being in the best interests of the Association. The indemnification by the Unit Owners set forth in this Section 10.2 shall be paid by the Association on behalf of the Unit Owners and shall constitute a Common Expense and shall be assessed and collectible as such. Such right of indemnification shall not be deemed exclusive of any other rights to which such Executive Board member and/or officer may be entitled as a matter of law or agreement or by vote of the Unit Owners or otherwise.

10.3 Joint and Several Liability of Unit Owners and Lessees

Each Unit Owner shall be jointly and severally liable with any tenants of the Unit owned by such Unit Owner for all liabilities arising out of the ownership, occupancy, use, misuse or condition of such Unit or any portion of the Common Elements or Limited Common Elements.

10.4 Defense of Claims

Complaints brought against the Association, the Executive Board or the officers, employees or agents thereof in their respective capacities as such, or the Condominium as a whole, shall be directed to the Executive Board of the Association, which shall promptly give written notice thereof to the Unit Owners and the holders of any mortgages, and such complaints shall be defended by the Association. The Unit Owners and the holders of the mortgages shall have no right to participate other than through the Association in such defense. Complaints of a nature specified in Section 10.3 hereof against one or more but less than all Unit Owners or Units shall be defended by such Unit Owners who are defendants themselves and such Unit Owners shall promptly give written notice of the institution of any such suit to the Association and to the holders of any mortgage encumbering such Units.

10.5 Storage: Disclaimer of Bailee Liability

Neither the Executive Board, the Association, any Unit Owner nor the Declarant shall be considered a bailee of any personal property stored on the Common Elements (including property located in storage areas of the Common Elements, including the Limited Common Elements), whether or not the exclusive possession of the particular area is given to a Unit Owner for storage purposes, and shall not be responsible for the security of such personal property or for any loss or damage thereto, whether or not due to negligence, except to the extent that such loss or damage is reimbursable by insurance.

10.6 Indemnification of Declarant

The Association recognizes the value of the construction of the Condominium adjacent to a golf course, the positive effect that this has on the values of the individual Units created therein and the pleasure and convenience that this gives to the Unit Owners, and in consideration of same and for other good and valuable consideration and as a Condition precedent to the construction of the Condominium, the Association agrees to indemnify and shall indemnify the Declarant, its successors and/or assigns, against all expenses and liabilities, including attorneys’ fees reasonably incurred by or imposed upon him, in connection with any and all actions, causes of action, claims, demands or proceedings, in law and in equity, with regard to any injuries sustained by any person or entity, regardless of the legal status of that person or entity to any Unit Owner or the Property, who is injured or damaged in any way as a result of an accident or event that would not have occurred if the Condominium had not been located near a golf course, including but not limited to a golf ball or golf club which comes on the Property causing injury or damage to any person or entity, which shall include all persons or entities on the Property for any factual or legal reason, including, but not limited to Unit Owners; guests of Unit Owners or the Association; relatives or family members of Unit Owners; business invitees of Unit Owners or the Association; employees and agents of Unit Owners or the Association; employees of public agencies, authorities or utility companies; or trespassers.

ARTICLE 11

UNITS SUBJECT TO CONDOMINIUM DOCUMENTS

11.1 Applicability of Condominium Documents

Each present and future owner, tenant, occupant and mortgagee of a Unit shall be subject to and shall comply with the provisions of the Act, and with the covenants, conditions and restrictions set forth in the Condominium Documents and the deed to such Unit; provided that nothing contained herein shall impose on any tenant or mortgagee of a Unit any obligation which the Act or one or more of such documents, or both, make applicable only to Unit Owners (including, without limitation, the obligation to pay assessments for Common Expenses). The acceptance of a deed or mortgage to any Unit, or the entering into of a lease or the entering into occupancy of any Unit shall constitute an agreement that the provisions of the Act and covenants, conditions and restrictions set forth in the Condominium Documents and the deed to such Unit are accepted and ratified by such grantee, mortgagee or tenant. All of such provisions shall be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof.

ARTICLE 12

DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS

12.1 Reservation of Rights

The Declarant reserves to itself and for the benefit of its successors and assigns, pursuant to Section 34-36.1-2.05(a) (8) of the Act, the right to create new Units as per ARTICLE 2, Section 2.2 of this Declaration, to create new Common Elements or Limited Common Elements within the Condominium or alter existing ones, to sub—divide or convert Units into the Common Elements, to withdraw real estate from the property of the Condominium and any and all other Development Rights as are now allowed or in the future may be allowed by the Act. The Declarant also reserves to itself and for the benefit of its successors and assigns, all of the “Special declarant rights” delineated under Sections 34-36.1-1.03(23), including, but not limited to the right to complete all improvements shown on “Exhibit B”, annexed hereto, to exercise the Development Rights set forth above, to maintain models and sales offices and to exercise the easements as set forth in ARTICLE 5 hereof, to make the Condominium part of a larger Condominium, to make the Condominium subject to a master association, to appoint or remove any officer or Executive Board member during any period of Declarant control of the Association and any and all other Special Declarant Rights as are now allowed or in the future may be allowed by the Act. Development Rights and Special Declarant Rights must be exercised within 10 years from the date this Declaration was recorded or such earlier time as the right to do so expires pursuant to the terms hereof or the Act, as applicable, or is terminated by the Declarant.

12.3 Exercise of Rights

The exercise of the Development Rights and/or Special Declarant Rights reserved herein shall be in accordance with and governed by the provisions of the Act including without limitation Section 34-36.1-2.10.

12.4 Assignability of Declarant's Rights

The Declarant may assign any or all of its rights or privileges reserved or established by this Declaration or the Condominium Act in accordance with the provision of the Act.

ARTICLE 13

EMINENT DOMAIN/CONDEMNATION

13.1 Generally

In the event that all or any part of the Property shall be taken by any authority having the power of condemnation or eminent domain, then the provisions of Section 34-36.1-1.07 of the Rhode Island General Laws, as amended shall apply with regard to the disposition of awards thereunder and/or the procedures to be followed in connection therewith by the Unit Owners, the Association, the Executive Board and the Declarant, where applicable. Additionally, with regard to any such proceedings, each Unit Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto unless otherwise prohibited by law. The award made for any such taking shall be payable to the Association, as trustee, in the benefit of the Unit Owners and all mortgagees of any Unit, as their interests may appear. Additionally with regard to any eminent domain/condemnation proceedings or awards made in connection therewith along with the distribution thereof, the balance of this ARTICLE 13 shall apply to the extent that the following is not inconsistent with Rhode Island law.

13.2 Common Areas and Facilities and Limited Common Areas and Facilities

If such taking is confined to Property on which improvements shall have been constructed and shall not materially affect any Unit, such improvements, or any part thereof, shall be repaired in accordance with plans therefor approved by the Association. The Association shall arrange for such repair and shall disburse the proceeds of such award as provided for in Section 4.3(a) hereof subject, however, to the right hereby reserved to the Association and to be exercised by majority vote of the members thereof to provide for the disbursement by the Association of the proceeds remaining after payment of all costs of such replacement to the Unit Owners in amounts disproportionate to shares of Common Expenses, with disproportionate amounts shall correspond to proportionate damages sustained by Unit Owners as shall be determined by majority vote of the members of the Association. If such repair shall not have received the approval of the Association if and as provided in Section 4.3 (b) hereof, or if the taking is confined to Property on which no improvements have been constructed, or if the proceeds of the award exceed the costs of repair approved by the Association, then the proceeds of the award remaining after costs of repair, if any, shall be retained by the Association for future maintenance expenses or, in the discretion of the Executive Board, disbursed to the Unit Owners in the same proportion as Common Expenses are assessed against the Unit Owners, subject to the rights reserved to the Association to provide for disbursement in disproportionate amounts.

13.3 Units

If such taking includes one or more Units, or any material part thereof, whether or not such taking includes any part of the Common Areas and Facilities and/or the Limited Common Areas and Facilities, then the award with respect to the Association’s Property so taken shall be disbursed and all related matters, including alteration of the percentages of undivided interest in the Common Areas and Facilities, shall be determined pursuant to and in accordance with the consent of all Unit Owners (or such lesser number of Unit Owners as may then be prescribed by the Act for the purpose of altering the percentages of undivided interest of the Unit Owners in the Common Areas and Facilities) expressed in a duly recorded amendment to this Declaration. In the event that such an amendment shall not be recorded within one hundred (100) days after such taking, then such taking, shall be treated as damage or destruction, the repair or reconstruction of which has not been approved as provided in Section 4.3(b) hereof. The award with respect to the Unit or Units so taken shall be disbursed directly to the Unit Owner or Unit Owners and/or mortgagee or mortgagees thereof, as the case may be, of the Unit or Units and the Association shall have no interest or claim upon the award except for the liens, if any, for Common Expenses in arrears or other Association liens.

ARTICLE 14

AMENDMENT OF DECLARATION

Pursuant to Section 34-36.1-2.17 of the Act and except as provided therein for amendments which may be executed by the Declarant, the Association or certain Unit Owners, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which eighty percent (80%) of the votes in the Association are allocated.

ARTICLE 15

TERMINATION

The Condominium may be terminated only by agreement of the Unit Owners of Units to which at least eighty percent (80%) of the votes in the Association are allocated. Termination of the Condominium will be governed by the provisions of Section 34-36.1-2.18 of the Act.

ARTICLE 16

GENERAL PROVISIONS

16.1 Headings and Order of Provisions

The headings used in this Declaration are inserted solely as a matter of convenience for the readers of this Declaration and shall not be relied upon or used in construing the effect or meaning of any of the provisions of this Declaration. The order in which the provisions hereof are placed is merely for the purposes of convenience and said order shall not be construed as any indication of the relative importance of one paragraph to the other or of which paragraph may control should a conflict arise.

16.2 Severability

The provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion hereof shall not affect the validity or enforceability of another provision or portion hereof unless such provision shall destroy the uniform plan of development or operation of the Condominium project which this Declaration is intended to create.

16.3 Applicable Law

This Declaration shall be governed by and construed according to the laws of the State of Rhode Island.

16.4 Interpretation

The provisions of this Declaration shall be liberally construed in order to effect Declarants desire to create a uniform plan for development and operation of the Condominium project and to permit compliance with the requirements of the Federal Home Loan Mortgage Corporation and/or the Federal National Mortgage Association.

16.5 Effective Date

This Declaration shall become effective when it and all of its attached exhibits have been recorded.

16.6 Notices

Except where a specific paragraph herein or in the Bylaws which are annexed hereto provides for the giving of notices, all other notices or communications required or permitted to be given under or in conjunction with this Declaration shall be in writing and shall be deemed given when delivered in person or by mailed by regular mail, as follows:

(a) To any Unit Owner at the address for said Owner shown on the Deed conveying ownership of said Unit to said Owner, or if none appears on said Deed, then to the Unit itself;

(b) To the Association at C/O Joseph N. Cassiere, Esquire, P.O. Box 800, 466 Putnam Pike, Greenville, Rhode Island 02828;

(c) To the Declarant at 24 Salt Pond Road, Unit B-4, Wakefield, Rhode Island 02879.

Where a specific paragraph herein or in the Bylaws which are annexed hereto provides for the giving of notices for the purposes of effectuating the purposes of said specific paragraph, then those notice provisions shall supersede and be superior to the general notice requirements under this paragraph.

16.7 Exhibits

All exhibits attached to this Declaration are hereby made a part of this Declaration.

16.8 Unconscionability

In the event that a Court holds any portion of the Declaration or the Bylaws of this Condominium to be unconscionable, then it is the intent of this document that the Court not invalidate any such provision, but instead that the Court limit the application of or the extent of such provision to the least extent necessary so as to allow said provision to exist without an unconscionable result, and, in the event that the Court must invalidate any provision of this Declaration or the Bylaws of the Condominium, such invalidated provision shall be severable and its invalidation shall not affect the validity of the balance of said Declaration or Bylaws.