980l0112

\'9 FEB 20 · PH 3; 1-tO

DECLARATION OF CONDOMlNlUM OWNE..1.SJ-l"...l.P f~t _'Jl_O ~ 00

UNDER CHAPTER 5311 OF Tiffi REVISED CODE OF OHIO

FOR

111E VILLAGE COMMONS CONDOMINIUM

February~1998

Tilis is to ceu:i.fy tlmt copies of the D:daration, By-Laws ai.,d Drawings for The Vi11agc Commons Condominium have been filed tl,Js. df.tc with the Aurlitor of Stark County, Ohio .

This lnstmment Prepared by: Bruce M. Sor-.rcs. Esq. Black, McO.skcy, Sollers & Arbaugh 1000 United Bar.k Plaza 220 Market Avenue So~th Canton, Ohio 44702. Telephone: 330-456-834 l

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lNOEX. DESCRIPT10N

.CROSS REF

51

TABLE OF CONTEN1.S.

.ARTICLE

RECITALS

DEFINITIONS

THE PLAN

THE LAND

NAME

PURPOSES; RESTRICTIONS ..

Section 1.

Section 2,

Purpose.c:; . •

Restrictions ..

BUILDING DESCRIPTIONS .....

UNITS

Section 1.

Section 1.

Section 2.

Residential Buildings .

Unit Designations

Description of Units. ,

(a) Units

Section 3

PAJ}ENQ,

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+ • .. + I l

1

I .. .. I l

I + .. I 2

2

I + • I 2

+ • 2

. 2

. 2

• 2

2

{a) Composition of Units. , . 2

{b) Unit Sizes, Locations and Composition. . 3

COMMON AND LIMITED COMMON AREJl.S . .. 3

Section 1. Common Areas - Description. . . . + . 3

Section 2. Limited Common Areas - Description. + . 3

Section 3. Percentage of Ownership . . + . . + . 4

Section 4. Assumption of Control of Comrnon Areas + . 4

UNIT OWNERS 1 ASSOCIATION ... • + 4

Section 1. Establishm-=lnt of Association. . 4

Section 2. Membership. . 4

Section 3. Voting Rights 5

Section 4. Board of Managers . . . . + . . 5

Section 5. Authority . . 5

Section 6. Delegation of Authority; professional

Management .

AGENT FOR SERVICE . ..

MAINTENANCE AND RE~AIR

Section 1.

Section 2.

UTILITY SERVICES

Individual Responsibility

Association Responsibility ..

• 6

• 6

6

• 6

• 7

• 7

INSURANCE; LOSSES; BONDS . 7

Section 1. Fire and Extended Coverage Insurance. . 7

Section 2. Liability Insurance . . . . . . . 8

Section 3. Other Association Insurance. , .. , .. 8

Section 4. Unit Owners' Insurance. . , .• 8

Section 5. Sufficient Insurance. . . . 8

Section 6. Insufficient Insurance. , .. 9

Section 7. Procedure for Reconstruction or Repairs. 9

Section 8. Fidelity Bonds, ........ .

DAMAGE; RESTORATION: REF..~ILITATION AND RENEWJI.L.

• • 9

. 9

Section 1. Restoration of Substantial Damage or

Destruction ....

Section 2. Rehabilitation and Renewal .•

REMOVAL FROM CONDOMINIUM OWNERSHIP . .

Section 1. Procedu.!:e for Removal

• + • 9

. • 10

10

. 10

Section 2. Sale After Removal ...

Section 3. Tenancy in Common After Removal

Section 4.

EMINENT DOMAIN.

Section I.

Section 2.

section 3,

Section 4.

Distribution. .

Notice and Participation.

Total Taking of Unit ..

Partial Taking of Unit.

Taking of Common Areas.

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11

. 11

. 11

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' • 1:2

. . 12

. 12

Section 5, Agency for Negotiation of Settlements .. 12

Section 6. Mortgagee's Rights ....

GRANTS AND RESERVATIONS OF RIGHTS AND EASEMENTS, .

Section I. Easements of Enjoymenti Limitations

12

• • 1:a

. . 12

Section 2, Right of Entry for Repair, Maintenance and

Restoration. 13

Section 3.

Section 4.

Easements for Encroachments ,

Easement for Support ..

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13

Section 5. Easements for Utilities and Storm Sewers. 13

Section 6.

Section 7.

Section 8.

Section 9.

Easement for Services

Easements Reserved to Declarant •

General .

Existi~g Easements and Encumbrances

ASSESSMENTS AND ASSESSf.-:lENT LIENS • • . •

Section 1, Types of Assessments ..

Section 2. Purpo&e of Assessments. ,

Section 3, Elements-Apportionment: Due Dates

. . 13

14

14

14

. . 14

. . 14

. 14

. . 15

(a) Anm.1.al Operating Assessments • . 15

(b) Special Assessments for Capital Improvements •. 15

(c) Special Individual Unit Assessments.

Section 4. Effective Date of Assessment ..

. 16

. 16

Section 5. Effect of Nonpayment of Assessment; Remedies

of the Association.

Section 6. Subordination of the Lien to First

Mortgages.

section 7.

EXP.AN'SIONS .

Section 1.

Section 2.

Section 3.

Section 4.

Section 5,

Section 6,

Section 7.

Certificate Regarding Assessments

Reservation of Expansion Option.

Limitations on Option.

Maximum Expansion Time.

Composition of Portions Added

Time for Adding Portions ..

Improvement Location Limitations.

Maximum Number of Units

Section 8. Non-Residential Uses. , .• , .•

Section 9. Compatibility of Building ....

Section 10. Improvements other than Buildings,

Section 11. Types of Units.

Section 12. Limited Common Areas .

Section 13. Supplementary Drawings

Section 14. Procedures for Expansion.

Section 15. Effects of Expansion. , ..

NOTICES TO MORTGAGEES. . ... , •

CONDOMINIUM INSTRUMENT REQUlREMENTS.

Section 1. General .

Section 2. Deposits. ,

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, . 17

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. 17

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17

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. . 18

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18

18

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18

19

l Sl

19

19

19

19

• • 2 0

. 20

• • .2 0

. 20

Section 3. Association Control . 21

Section 4. Limited Warranty. 21

A. Units. . . . . . . . ....... 21

B. Common Areas and Facilities .. 21

C. Appliances, etc ............... 21

D. Extended Warranties 21

E.

F.

Linli tat ions .

Other Rights.

Section 5. Declarant 1 s Obligations

AMENDMENTS .

Section 1. Power to Amend .•

Section 2. Method to Amend.

GENERAL PROVISIONS ....

Section I. Covenants Running with the Land.

Section 2. Enforcement .

Section 3. Severability.

Section 4. Rule Ag-ainst Perpetuities and

Restrictions on Alienation .....

Section 5. Gender and Grammar.

Section 6. Captions ...... .

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22

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23

DECLARATION

This is the Declaration of Condominium Ovmership for The Village Commons Condominium made on or as of the 1611:J day cf February, 1998, pursuant to the provisions of Chapter 5311 of the Revised Code ofOl:io.

RECITALS:

A. LeRoy J. Yoder is the owner in fee simple of all ofthereal property hereinafter described and the irnp::-ovements thereon and appurtenmces thereto. For convenience, this 0\Y1ler is referred to herehi as .. Declan111t11 •

B. Declara....'1.t desires tc r.rcatc en this properly a site of individually owned units, and commcn]y mvncd areas and facilitie~~ and tc these ends to submit this property to condominium ownership under the previsions of the condominium act.

DEFINITIONS

Unless the co:itext requires other.vise, the. terms used in this document shall have lhe meanings set forth in the list of dflfinitions set forth on Exhibit A.

THRPLAN

NOW, THEREFORE. Dec-Iar.ar:.t hereby makes and establishes the following plan for condominium ownership of this property under ar..d pursuant to the Condominium Act:

ARTICLE!

TEELAND

A legal descriptio1! of the land, located in the Tmvnship of Lake, Stark Countyi Ohio, which is hereby submitted to the provisio:-is of the Condominium Act. thereby constituting Condominium Property. is stlached hereto and marked as Exhibit B. At such time as a Condominium Building and/or Unit is completed, Declarant will ar.icad this Declaration in order to describe the improvements and the locations thereof l~pon the land described on Exhibit B, which improvements will be added to and become a part of the Condominium, as if such jmprovcmcnts were described herein.

ARTICLE!l

The name by which the Con.dominium sba.11 be known is "Tho Vilhge Commons Condominium .H

A..1lTICLE III

?..URPOSES~ RESTRJCTIONS

Section 1. Pumoscs. This Decla~ation is being made to establish separate individual parcels from the Condominium Properly (Units), to which fee-simple interests may be convcycdi for use for single family residential living; to cstEblish a unit ow~ers' association to administer the Condominium {the Association); to pmvide for the preserv~ticn of the values of Units and the Common Areas; to provide for and promote t~e bene:B.t. enjoyment and well being of Unit Owners an:: Oc~upants; :o adrr.•.hlfatei- and enforc~ the covenants. easements, charges and restrictions

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hereinafter set forth; and to raise funds through assessments to accomplish these purposes.

Section 2. Restrir.tior1s. The Condominkm Property shall be subject to the restrictions. conditkms and Jimitat:ons which are set forth on Exhibit C, which is attached hereto and made a part hereof, ar.d such rest:ricti::mr., conditior.s snd limitations shall nm with tl1e land and be binding on each Unit Ovmer, and/or Occ1.:pant, a..i.-id/or his or her !"leirs, executorsi administrators, guests, tenants, Ecensees, successorn or assigns.

A..."R.TICLE IV

filIJLDING DESCRIPTIONS

S~Il.QJl 1. Re_i~:id~ntiaJ B-iJ.ilding&.. For a description of the Buildings and units which have been completed and of the proposed Bt:.ildin.gs and the Units see Exhibit D attached hereto.

ART!CLEV

Section 1. Ur.it De~ignations. Each existing Building and Unit and each proposed Building and proposed Unit is designated by .11 n:.tmbe:- on the Drawings, which ill l.lstTate where each existing Building and Unit is located a..'td where each proposed Building and Unit will be located. Proposed BuHding and Unit locf.ticns and dcsigna.tfo~s arc shmvn on the Drawings attached hereto as Exhibit E. The Drawings disclose the intended locatio;:'I of e&ch Building and Unit on the Condominium Property. However, the actual m1mber ar,d location oflhe Buiklings and Units may differ from those set forth on the Drawings. Therefo-., when a Building ~nd the Units therein are completed, Declarant will have new drawin3t con,pleled showing the "as built" locations, elevations and floor plans for the Buildir!gs a.'lli 1he Un1i$ tb:rein and shalJ record such Drawings as part of an Amendment to this Declaration, in ord:'lr to have the same added to the Com.lo111iniun1. The actual location. size and design cf the B;.1ildings &..".l.d Uni ls, upon completion, are subj eel. to Teasonable variation at Dcclarant's sole and exclu£livc election. provided that such Buildings and Units are in compliance with the req!..!irements of Article XVll below. Further, Dcclarant at its election may decide not to build all of the Buildings a..."1.d :.Jr..its shown on the Drawings, in which case, the Condominium shall consist of the property which has been dl':dicated to the Condominium and the Buildings and Units completed on the Condorr.inium Property by Dec1arant.

Section 2. Description of Units.

(a) Units. For a descrip:icn of each U:.it. see Exhibit D attached hereto and the Drav.-ings attached hereto. At such time as a Unit i:s completed and added to the Condominium, an as built description thc.reofv,:ill bt) added hereto by Ame:idment.

Sectic-n 3.

(a) C:::>mpositlon ofU:lits. Ea.ch Unit will consist of all of the space within the building or buildings tle~ignated on the Drawings as be~ng a Unit. that is bounded by the undecorntetl interior surfaces of Li--ie peiime~er walls. the unfinfahC'.-d surface of the basement or lowest level floor, and the unfinished interio~ surfaceoftheroofdeck, all projected, if necessary by Teason of stnJctural divisions such es interior walls ~n.d partitioris, to constitute a complete enclosure of space, and all improvements withfr1 tbat space. Witho:J.t fa!i.iti:ig the generality of the foregoing, a Unit shall include:

(1) the decorated tm1·:~.ces, includi11g pci1lt, fa;;quer, varnish. wallpaper, tile and other finishing material applied to ba'l.eJT,enl floo::::s, roof decks, and interior and perimeter walls)

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carpet. and also the floors themselves;

(2) all fixtures md appliances located within the bounds of a Unit installed in and for the exclusive use of that Unit. commencing at the point of disconnection from the structural body of the building ruJ.d from utility pipes, lines oT systems serving the entire building or more th.an one Unit thereof: including, without limiting the generality hereof, built-in cabinets, dishwashers, garbage disposal units, rcfrigcrators:t and stoves and hoods~

(3) a]l c::mtrol knobs> switches, ther:nostats and electrical outlets and connections affixed to or projecting from the wa1ls~ floors and roof decks which service either the Unit or the fixtures located ther-ein, together with the space occupied thereby;

(4) a]l space between interior walls~ including the space occupied by structural and component parts of the building and by utility pipes, wires. ducts and conduits;

(5) all plumbing, !';':}e.::tric, heating, cooling and other utility or service lines, pipes. wires, ducts or conduits which se~e either the Unit or the fixtures located therein, and which are located within the bounds of the Unit. but including also window and exterior individual Unit air conditioning units, if any; excJudhlg therefrom. however, all of the follov.ing items located within the bounds of that Unit:

(i) any structural elemerit of the building contained in an interior waUs; and

(ii) an plumbing) c]cctric) heating, cooling ai,d other utility or service lines. pipes, wires, ducts and conduits which serve any olher Unit.

(b) Unit Sizes1 Locations and Corr;nositim1. The location of each of the existing Units antl the proposed location of each oflhe proposed Units is shown on the Drawings. The appmxJmate area of each Unit interior. and the number of rooms in each Unit are shown on the drawings attached as Exhibit E.

ARTICLE VI

COMMON AND LThUTED COMMON AREAS

Section 1. Common Areas .. Dest:rir;rtion. All of the Condominium Property, including alJ or the land and ali imprnvements faereon ar:d appurtenances tbereto, except those portions labeled or described here1n or in the Draw1ngs as a part ofa. Unit. are Common Areas.

Sectj_Qn 2. Limited CommQ&..Af.eas - Dcs:criiition. These portions of the Common Areas that are ]abe]ed or designated "LCA" or "limited common areas" on the Drawings. arc Limitod Common Areas and consist of fton! porch.es and adjacent to each strllcture, covered patios, driveways. and front sidewalks shown on the drawings scrvir.g the adjacent Unit and, in each case are reserved for the exclusive use of Lile Unit designed to he served by the same.

Also, all electrical fixtures, utility pipes and lincJ, wirct!!, conduits, ducts~ faucets, plugs, cormections. or fixtures as defined by the laws of the State of Ohio and a11 replacements thereof which are a part of fae Common PJeas but which are entirely for the benefit of or to serve one Unii shall be Limited Common Areas rosc.r-1ed for the ex:cl u.si ve use of the Unit which they serve.

All door:s and wir.dows (including glass or other tran~parent or translucent material therein a..•-ui all screening therefor, sliding glass doc-rs. wincow sashes, window and door frames and jambs, door seals, &."1.d all related hardware and caulkingt all material such as 1ath1 furring, wallboard, or plasterboard which forms the surface boundi"ag a Unit. and all fixtures designed to serve a single Unit, but located c-utside the Unit1s bounderics~ arc Limited Ccmmon Areas allocated exclusively to

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that Unit.

If any chute. flue, duct, wire, c3aduit, bearing wall. bearing column. or any other fixture {other than the heating and air cooling systems) lies partially inside and partially outside the boundaries of a Unit. any portion thernofsfil'Ving oniy thst Unit is part of the Limited Common Areas allocated solely and exclusively to that Unit, and a.i,y portior:. thereof serving more than one Unit or serving a part of the Common Areas is a part cf the Com!T:.on Areas but not a part of the Limited Common Arei:lS.

Section 3. Percentage ofOwner_~hl!h The percentage of interest in the Common Areas of each Proposed Unit is shovm on Exhih:t F £ttachcd hereto. Each Unit1s percentage interest will be based upon the pro portion that th(;; tote.: squ1re footzge of each unit bears to the aggregate of the total square footage of all Proposed Units in the Condominium. Exhibit F shall be subject to amendment arid mocification based upon Deciarant"s completion of the Proposed Buildings and Units and the recording of amendrnen:s to this Declaration containing as buiJt drawings.

The Common Areas shall -::ie owned by the Unit Owners as tenants in common, and Ownership thereof shall remain undivided. No Unit Owner may waive or release any rights in the Common Areas:. Further, the undivided interesl 111 the Common Areas shall not be separated from the Unit lo w-hich it appeJtains.

Section 4. Assumption ofCoutrcl of Common Areas. The Owners of condominium Ownership interests that have been sold by the Dcc]arant or its agents will assume control of the Common Areas and ofthe Unit Owners Association as prescribed in Section S311.08. Ohio Revised Code.

Except in his capacity as a Unit Owner of unsold condominium interests, the Declarant or his Agent will not retain a property in!e::-est in sny of the Conunon Areas after control of the condominium developnie11t is assumed by the Unit 0,;vr:.ers Associatio11, except for Declarant"s rights with respect to Expansion of:he Condominium as permitted herein and the building of additional Buildings and Units, 6..:."'1.d exi::ept for Dcclarant•s retained easement rights herein.

The Dedarant will assume the right~ rnd oblig;dons of z Unit Owner in its capacity as Owner of condominium Owner.S:hip interests net yet sold, including, without ]imitation, the obligation to pay ccmn1on expenses arte.chi!tg to such bterests~ from the date lhe Declaration is filed for record. However. this obligathm shall not apply to ll!lY propcsed BuHdings or Units shown on tile Drawings attached hereto unless P..nd url:il constn:ction cf the same has been comp]eted and such Buildings and Units have been added to the Ccmdomi;iiu.m by separate amendment executed and recorded by Declarant.

ARTICLE VII

UNIT OVIN"EI{S1 ASS.QC I A Ti ON

Section 1. Establishment of Associafon. The Associutio:c has been formed to be and to serve as the Unit Owners' Assocfation of the Condominiu:.n. The Declarant is presently the sole member of the Association.

Section 2. Mcmhershin. Members.tip in the Unit Owners' Association shall be limited to the Unit Qw!:'lers, and every person or entity who is a reco:d Owner of a fee or undivided fcc•simp]c interest in a Ur:il is a r.le:-r..ber ofth::. AssQc~atio::i. The foregoing s.1-.:.all not incJudc perso;:is or entities holding only a mortgage or !::ecitrii;, interest in a Unit. Membership shall be appurtenant to and may not be separated frcm Owners.hip of any Unit. and transfer of a. Unit shall automaticaJly transfer membership to the transferee.

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Section 3. Voting Rights. Voting rights for each Unit Owner shall be on a percentage basis and the p:rccntzgc of the vote to which the 0wneT is entitJed is the percentage interest in the Common Area assigned to each Ur.it or Units as set fo1th in Exhibit F of the Declaration as it may be amended from ti:rr:;;e to time.

Se.ctfo.ri. 4. Board. ofManagern_ The Board of Mana.gcrs initially shall be those three (3) persons nai.n:ed as the initial Board purs~ant to the previsions ::if lhe Articles, or such other person or persons as may fror., time to time be su~stituted by Declarant. No later than the time that Units to which twenty-five perceat (25%) of the undivided interest in the Common Areas appertain have been sold and conveyed by the Dedarant. Unit 0vmcrs other than DecJarant shaU elect one additional me:ri.berofthe Board. TheBoar:i shall then consist offour(tf) members. When ownership interest to which fi ft.y percent (50%) of Sll ch undivided interest appertain have been so]d or conveyed, the Unit 0\vners, excluding Declarant, shall elect one more member to the Board; and Declarant may appoin~ oae additio1,.al member to the Board. The Board shall then consist of six members. Nor:.e of the Declarant's a~pointees rlee::l be mcillbcrs o;:- occupiers of a Unit. All persons elected to the Board by members ofthi;-Asscciaticn. exch:isive of the Dedarant, however, must be Unit Owners.

All rr_cmhers oftt..c Board wiE be ei.ecleu by the As:mciatic:n membership, including Declarant, and lhe Declarant's authority to appcint persons to such Board shall tenninatc, on tho occurrence oft he earlier of the following two events:

(i) The expiration of the five {5) year period from the date of the establishment of the Association; er

(ii) The expiratio::i of the thirty {30) day period after the sale and conveyance of ownership interest to which appertain seventy-five percent {75%) of the undivided interest in the Common Areas and facilities to purchasers jn good faith for vah..e.

Within 30 days after such Turnover Date, a special meeting of the members of the Association shall he held and all Unit Owm;rs, inc]uding Declarant, shall elect fhre Board members to replace all lhose Bo&.Ici members ::iarlier elected or appointed by the Unit Owners and Declarant. respectively. The BoaTd shall then antl thereafter consist of five Managers. The terms of the five Managers shall be staggered so that the t~s ofat least two-fifths of the Managers will expire and successors be elected ~teach ari.Ii.:ia1 meeting cf the Association. Thereafter, at such annual meetings, successors to the Mau.agers whose terms then expire shall be elected to serve two-year terms. All e]e:;ter.l members of the Bca::-d shali be Unit O-.vners.

All percentage::; set forth above sha!l be computed by ccrnparing the number of Units sold and conveyed as against the max~murn number of Units that may be created upon the Condominium Property as -permitted in this Dechraiion.

Nohvithstam.hng the fore5o;ng, ~he Dedarant shall have the right at any time to waive its right to select one or more Board members .:ir to vote in an election of Board members. If the Declarant waives its right to select (!Ile or more 3oard members. the membership shall meet and elect the members cf the Beard othenvise to have been selected by Declarant.

Section 5. AuthorJy,_ The Board shail have aH authority tn manage~ maintain~ repair~ replace, alter and improve the Corr.mo.c. Areas ~nd assess and (',01lecl fumis for the payment thereof, and do all thi11gs. and exercise all !'ight; -pmvidcd by h:l.w for .a r,;ondominium association, or the Condominium. organizational documents, n~t spf.-cificaEy reseJYed lo Unit 0vmers. However, the Board shall not be cntit1cd or in any manner be a!;thori:.::ed to pre--vent or interfere with Dcciarant's completion or constr.1.cfion of any Additio;rnl Bdldings, Units or ir.1.provements to the Condominium or to interfere in a..'ly manner with Dcclarant's ttse er sale oFthe Undeveloped Common A.rea described herein.

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Soc~ion 6. Dele,gati(m of AuthQrjty:,_orofossiona] M2.nagemf.nt. The Board may delegate all or any portion of its authority to tli!!!charge its responsibilities to a managing agent. This dc1egation of authority and responsibility may be evidenced by one or more management contracts which may provide for the payoent of reasonable compensation to such managing agent as a common expense. However, any such a;i,-reernent for professiond m&na.gement shall be terminable by the Association for cause on thirty (30) days wri:ter. notice; s1all be terminab]e by either party, without cause and ,vithout penalty, on ninety (90) days writte!l notice; shall n.:i! exceed one year unless renewed by agreement of the pi::,-rties for successive one-year per.ods; and shall be bona fide and commercially reasonable to the Unit Ovm.ers at !he time entered into under the circumstances then prevailing.

Neither the Unit Owners Aesocia.tion nor the Unit (}\.mers will be subject to any management contract or a.greemer:,.~ exe:::nJted prior to the assumption of control required by Section 5311.25(c), Qhjo Rev~sed Code, fm· more tha.1 one year subsequcn.t to that assumption of control unless such a contract or agreement ~s renewed by a vote of the Unit Owners pursuant to the Dy~ Laws of the Association.

Subject to the foregoing, nothir:.g contained herein shall preclude Declarant. or any other entity designated by Dedarant, from be~ng employed as managing agent. The ma.'laging agent, or the Board. iftbere is no ma...'1.aging ~gent, shi.n have thfl authority to enter into conlracts with Doclarant or one or more other fi:::-ms or corporations affiliated with Declarant for the providing of management. maintc!la.Ccc and repair services, provided the same are bona fide and corr.mercially reasonable to the Unit Owners at the time (:ntcrod into ander the circumstances. then preva1 ling and are terminable by the .Association, \Vitl:out cause and w1lhoul penalty, on ninety (90) days written notice.

The decision by the Board to terminate professional management and assume self management. once a professional marn, .. ger's services have hem engage~ shatl not he made without the consent of at least fifty-one percent (:51 %) of Eligib]e Holders ofFiISl Mortgages.

ARTICLE VITI

AGENT FOR SERVICE

"The name of the person to roGdvo sorvice or process for lhe Associalion. and that person1s residence or p]ace of 1::usiness which is L'l the county where the Condominium is situated, is: LeRoy J. Yoder, 9388 Market Avenu:, Hartville., Ohio 44632

.A.RT.:CLE IX

MAINTENANCE AND REPAIR

Section 1. Individual Re:monsibilitx.:. Each Unit Q\vner shall repair and maintain his or her Unit or Units. and all cmnponents thereof, inc]u.:Hng the appt:ztena."lt heating and air-conditioning units. and the Limited Common ,A1cas (~xcl~1di:r.g struclu1al n~pairs to a garnge building including the roof) appurtcnar.~to a Unit to the ext-:':1!~ 1;;ct theobliga~ion of the Association. lfa Unit Owner fails to make any s.:ich re;air or perform. Eiu::::h m2inl.-ena.n~e, a::-i:d the Association undertakes such rep sir a11d/or mcintemmce, or if the need for main!cnance or repait of any part ofihe Common Areas or Limited Conunon Areas :s caused by tl~e nr.gllg~~t er intentional act of any Unit Owner or Oceupa...'lt, 2.l.lG. the cos:t of ~epair ·is not covered by iI:.surai::.ce, the cost of such maintenance and repair shall constitute a special i-r.dividu.il Unit Assessment, as h.ereinafkr defined. on the Unit owned by such Unit Owner. The d~tc.r.nination foat snch maiT1temmce or repair is necessary, or has been so caused, shall be made by the Board.

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Section 2. Assodation Re&:p.9psibility. The Association shaU maintain and repair the Common Areas, including but net limited to utility fo.cilit1es se"tv:ng more thm one Unit, and utility lines in the Common Areas, to the extent that such rep2irn and m;:iir.tenance is not the responsibility ofthi: individual Owners. The Asmciatio1;. t!:ihiH s.Jso pe:fonn lawn maintenance, care and manicuring of shrubs, S!'IOW removal fh:i~ the s:treets. driveways ar:.d walkways to the front door, but not the covered patio~ driveway repair, and repairs to the patio fences and roofs, and the Association shall make any and all stmctural repairs to and maintain. an general Common Areas, and garage bui]<lings~ excluding intericT nori-stmctu.al re;iairs. The Association shall also be responsible for repair and maintenance of'all windows. scree...'1S an.d doors~ jncluding the framcst sashes and jambs, and the hardware tt.erefol.\ unless such daniage is caused by a Uri.it Owner, in which case~ the Unit Owner shall he rnsponsihle lh«efore. Nonvithstanding the above, the Unit Owner shall be permitted to decorate the interior of' the doors as !.hey choose as long as the same is not visible from the exterior. FurJier. the Unit Own<::r shall be responsible for the repair and maintenance to locks on the doors.

AR.'IICLEX

UTILITY SERYJCES

Each Unit Owner by acceptan.:::e of a deed to a Unit agrees to pay for utility services separately metered or separately charged by the li.tility company to lha.t Unit (or set up in such a manner as will allow the dctcrmhtatior.. of the amo1,i.nt of usage of such utility service by each Unit Owner). In all other cases the cost of s;;ch service shall be prorated between the Unit Owners in proportion to their respective interests in the Common Areas.

ARTICLE XI

lliSIJRANCE; LOSSES: BONDS

Section 1. Fi:::e and Extended Covero_ge Insurance.. The Board shall have the authority to and shall obtain insurance for all Buildings and struct":ucs now or at any time hereafter added to the Condorninil:i..i.·-11 Property, against loss or damage by fire, lightning. and such other hazards as are ordinarily i11s~reJ. against in fire antl e.d-entled cc-verage policies issued in the locale of the Condominium Property~ 1n amounts al all times sufficient to prevent the Unit Owners from becoming co-insurers ur:.dcr the terms 0~·2.ny app-licabl1;i co-1nsurance clause OT pTovision and not less than one hundred percent ( 1 CO%) of !:t.c: insurable value or such improvements (based upon replacement cost} as rlctcrminod from time to time by the insurer. This insurance:

(a.) may pn:--vitle coverage for i::a:.~lt-in er installed improvements. fixtures and equipment, a.nd shall provide for c.overage ofwiudows a..11d doors a.11d the frames, sa~hes, jambs and hardware therefor;

(b) shall be obtabed from an i~'..l.rancc ccmpa!ty a:.ifaorized to write such insurnnce in the State of Ohio which has a current ratir.g of Class BNI, or better, o., if such company has a financial rating of Class V, then such company must have a gerJ;:r~l pofr:y holder's rnting of at least A. a11 as detennined by the then latest edition ofBest:s lm:;,...rance Repo11s or its successor guide;

(c) shall show the insured as the Association for the use and benefit of the Unit Owners;

(d) s!lall co11tai1! or have attachec. the standard mortgagee clause commonly accepted by institutional mortgage ~n.vcstors ir. the area i:.1 wriich 11-_e CtmdorniTiium Property is located, which must provide that the insurance carrier shall notify the first -;1mrtgagee at least ten (10) days in advance oftne effective date of any reduction in or can~ellaticn of the policy, and which standard mortgagee cJause nn::.st further be endorsed to provide tha~ fu"lY proceeds shall be paid to the Ass::.ciation fur the use a.1.<l benefit of first r:1ortgagees as their interests may appear. or such other

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endorsement as is acceptable to the Mortgagee; and,

( c) unless otherwise deter:nined by the Board. sbcll co;1tain a waiver of subrogation of r1ghts by the carrier as to the Association. its officers ~d Managerst and all Unit Owners.

The cost cf this insurance shaE he a common expense, payable by the Association. provided, however. ifthe Board so elects, each Unit OwncrshaU~ promptJy upon receipt ofan invoice for his. her or its share of the premium for that insurance~ pay t}iat Unit Owner's respective share of that premium directly to the fasurance company issuing that immm.,cc. A Unit Owner's share shall be determined by multiplying the prcmili.m i::Jeing apportior..ed by tnat Owner1s Unit's percentage interest in the Common Areas. If that pre:::nil..i.m is not paid by the Unit Owner. it shall constitute a special individual Unit asscssmcr:.t as t..erein defined.

Secticu 2. Liabilitv Infil!rance .. The Association sna!l obtain and maintain a comprehensive policy of public liability insurance covering all of tl~c Ccmmon Areas, insuring the Association, the Managers~ and the Unit Owners end Oc.::upants., with ~n.1ch limits u the Board may determine (provided, that such covernge shall be for at least $300.COO.OO per occurrenceJ for personal injury and/or property damage), covering clai.T.s for pcrs.:;nal injury and/or property damage. This insurance shall include protcctio~ 1gahs~ such risks as !ITe custo:,r;&.rily coveTed with respect to developments similar in constructic:n~ location and use, as deier.mined by lhe Board. This insurance shaU contain a 11severab!lity of internsf · endorsement which shall preclu.de the insuTer from denying the claim of a UnH Owner or Occupant because of negligent !icts of the Association, the Board, or other Unit Owners or Occupants. Cos:;; of the insurance and payment thereof shall be as set forth in Section 1 above.

Section 3. Other Association Insurance. In tddition, the Board may purchase and maintain contractual liability i.nsu!'ance. trustees' and officers' liability insurance, a..t\d such other insurance as the Board may determbe.

Section 4. Unit 0--iYners' insurance. Ar.y Unit Owner or Occupant may carry such insurance in addition to that provided by the Asso-ciation p:.mmant hereto as foat Unit Owner or Occupant may deternrine. subject to the provisicn:; hereof. and provided that no Unit Ovmcr or Occupant may at any tjmc pur:::hasc individual poJicics cf insurance agains~ loss by fire or other casually covered by the insurance carrk:d pursuant hereto by the Association. In the eve~t any Unit Owner or Occupant violates this provision, any diminution in insum.ttce proceeds resulting from the existence of such other insurarn::e shall be chargeable to the Unit Owner who acquired or whose Occupant acquired such other insurance, who shalJ be liable to the Association to the extent of any diminution and/or loss of proceeds. Without Iimitbg !he foregoing~ a Unit Owi-,er or Occupwt may obtain insurance against liability for events occun-ing w:thin a Unit, lmmcs with respect to personal property and furnishings, and losses to improvement8 witl1in a Unit mvr,.~d by the Unit Owner or Occupant, provided that if the Association obtalr..s insurance for porma..-ier..t improvements and built-in fixtures and equipment, then the bsurance obtained by the UrJt Cwncr with respect to improvements within the Unit shall be lirr.i.ited to the typ-e anri nature of ccvcra.gc commonly referred to as "tenants' improvements and betterments11 • All s11d1 ir;Surance E:eparately carried shall contain a waiver of subrogation rights by 11.e carrier as !o the Association~ its crncers and Board memberst and all other Unit Owners and Occupmts.

Secilon 5. Sufficient Ins1:rance,. Ifthe imprcverr..ents forming apart of the Common Areas or any portio~ thereof shalJ suffe~ damage or d~stuction fror.i any cause or peril insured against and the proceeds of any ::,,::ilicy or poJic:.es insm~.ig aga:nst such less or damage and payable by reason thereof shdl be suflfoi~nt 10 pay the c0st of ~-~air o:· restoration or reconstruction. then such repair. restoration or recons:t!1.1ction sha] b,; undertaken by the Association and the insurance proceeds shall be applied in payment therefor; provided, however, that in the event, within sixty (60) days after such damage or destruction, the Owners of seve!lth-five percent (75%) of the Units and fifty-one percent (51 %) of the Eligible Holders of First Mortgages sha~l e1ect to withdraw the Condominium

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Property from the provisions of this Declaration, then such repair, restoration or reconstruclion shall 11ot be undertaken.

Section 6. Insufficient Insi..:am:e. If the improvements forming a part of the Common Areas or any portion thereof shall suffer damage or dc~truction frcm any cause or peril which is not insured against, or. ifimmrcd agzicst, fae insu:ra.-nce proceed5 from which shall not be sufficient to pay the cost of repair. restoration or reconstruction, then, unless the Unit OMiers of seventy-five percent {75%) of tho Units and fifty-one percent (51 %} of the Ehgfole Holders of First Mortgages shall. within sixty (60) days after suc:1 da..T:.age or destruclion el:::ct riot to make such repair, restoration or reconstmction, the Association shall ma.'k:.t: suc!l repairs, restoration or reconstmction of the Common Areas so damaged or destroyed, at the ei;_!ense (to fae extent not covered by insurance) of all Unit Owners in proportion to their respective intere·sts in the Common Areas. Should any Unit Owner refuse or fa.i.l af.:er reason~.ble notice to pay that Unit Owner1s share of such cost in excess of available insuTance pTOceeds. the amount so advanced by the Association shaU be assessed to such Unit Owner and such assess~ents shall have the same force and effect, if not paidj and may be enforced in the same T..lll'.ner, as herein provjdcd for the nonpayment of assessments.

Section 7. Procedure foT Recon;m:uctior,, or Rwlirs. Immediately after a casualty causing damage to any portion of the Cond,::iminiurn Properr;. the Association shall obtain reliable and detailed estimates cf the cost to replac~ the damaged pro:_:,erty in a condition as good as that immediateJy before the casualty. Such costs may jnclude prnfes.sional lees and premiums for such bonds as the Board deems necessary.

The insurance proceeds at.d the sums from collect!ons from, and special assessments against, Unit Owners on account cf su~h casi;alty. and fonds in ru.:y appropriate reserves shall constitute a construction fond which shall be applied by the Association to the payment of the cost of reconstruction and repair of the Condominium Property. It shall be presumed that the first monies disbursed in payment of such costs of reconstructicn a.'1.d repair sha11 be from insurance proceeds. If there is a balance in any construction fund after payment of all costs of the reconstruction and repair for which th: :x.nd is estabEs.hed, such balance shall be used to reduce other common expe!lses or replenish approj)riate reserves.

Section 8. Fidelity Bonds, The 3oa,d may obtain fidelity bond coverage against dishonest acts on the part of managers, of.Ec:::rS!, Gmpl;:;yces1 agents, oT vo]unteers responsible foT handling funds belonging to or administered by the A~sociat!on, which bcr.ds shall be in an1ounts deemed reasonably necessary by the Board to protect against substan.tial losses. but in no event less than one and one-halftimes the .A.ssociation's estimated annual operating ~r.:penses and reserves. The bond shall have the Assodation as the ~amed insured, and shaH have ri..1'1 appropriate endorsement to cover any persons who serve wid1out corr.:pensation if such bond would not otherwise cover volunteers.

ARTICLEXfl

DAM AGE~ RES TOR A. TIQN; R EEA.Bll..-l'f ATION AND RENEW AL

Section 1. Ri;:sto.ation of_Substim:tk~.! D~~r; or Destruction. In the event of substantial damage to or destruction of all Un~ti-; in 5.. bu:l<ling, the As!Sodation may) with the consent of Unit Owners entitled to exercise not leiis tha.'1 seventy-five percent (75%) of the voting power of Unit Owners. the consent of all Owners of Ur.its which ha vc been d~~r~gcd or destroyed, and the consent of eligibie holders of first mortga6es er. Units covering a.t leas~ fifty-one percent (51 % ) of the voting power. determine not to repair or re;;tore such d~magc or dcstmction.

l~ediately filter such electior., all oftlrn Ccnd(:mhium ?roperty (other than that owned by Dcclarant) shall be off crctl for salf: to Declarant) if a.t that time Declarant still owns fee simple title to a Unit or Units, by written notice to Dec!anmt. Dechmmt shall have 30 days after its receipt of such notice to make an offer to the Unit Ow~-.9fS for the p-:.ii:cha:se of the Condominium Property by

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sending such offer in writing to th.: President of the Association. If the Unit Owners and Dcclarant cannot agree on the purchase price far the Condominiu!n Property, lhe Association (acting on behalf of the Unit OM1ers) and Declarant shall each appcint a qualified real estate appraiser to act as arbitrator~ not more than ten days after Decfarmt1s offer is received by the President of the Association. Said two arbitrators shall se]ect a third arbitrator, who is also a qualified real estate appraiser. not more tha:.'1 five days aft:e!:' their appcintmcnt, and the three arbitrators shall notify the Association and Decla:ra."'lt in wrjting not more than 30 days after the selection of the third arbitrator of their determination of the fair market value of the -Condominium Property and their determination as to respons1bllity of the parties for the costs of the aroitra.tiorr. Declarant shali notify the President of the Association in writing not ;nore than terr days after its receipt of the arbitrators1 detennination whether or net it decides to buy the Co.r.dominium PTc-perly a~ tl1e fair m<Uket value detennine by the arbitrators.

If Decfa.ra.:.'lt does not own fee simple title to .any Unit at the time of the said election by Unit Owne;:rs or if Declarant decides r.ot to ouy ~he Condo3lir..ium Property. the Association and the Unit Ownern shaE have the rights provided by stltute and shall be autho!'izcd to take such actions as are not prohibited by statute, this Dec"i.ara!i-o:'1, er the Byla\:vs inckding obtaining the sale of all of the Condominium Properly as upon p::l!"Mion.

JfDecJarant decides to buy lhe Ccntlominiam Property, all of the Unit Owrrers shall convey the Condominium Property by general warn:mty deed. or deedr.., subject only to easements and restrictions ofrecord and real estate ta-x:es s::i1d c.SsessmeTits not y:t d·.Je antl payable, upon payment to the President of the As.sociatio!l, as trustee :nr all of !:le Udt Owners, a1;.d their respective mortgagees, of the sal-i::s price, less the O\.vners1 pro rala 5!1.are of real estate taxes and assessments, and less conveyance foes, on the Condo::ri.inil4m Pro;ierty in eccordance with the 6cn prevailing custom in Stark County, Ohio. Th;· do~ing of s::1ch cofiveya.r.1.ce shall take place not more than 60 days after Decfarant gives the President of the Association its written decision to buy at a date, time, aud piece designated by Declarant.

In the event ofa sale to Dcclara.~t, or a partition sale of the Condominium Property, or sale by agreement of ail Unit Owners ( if Dcclar--dllt decides nvl to hi..!.y). the net pToceeds of the sale together with the net proceeds of insurance, if any, and t:.ny other indemnity arising because of such damage or dcs!mctio:i, shall be co:.isidc:-cd as one fu.:id and shall be distributed to aH Unit Owners in proportion to thoir respective proportio!'li;.te interests in the Common Areas.

In the event of an electio~ not ~o re:;:iair or restore substantial damage or destruction, the net proceeds of insurance paid by reason of such dru.m1.ge or destruction shall be added to the proceeds received from the sale as upon psrtitior., and the total amount distributed imtong the owners of the Units> and the eligib:e hc!ders of their respective first mortg.~ge liens, (as their interests may appear). 1n propo~t101;. to their pen::entage interes!:s in Comr.J.o:i Areas.

Section 2. Rehahilit~'tior:. @d R~newa1. The Association. with the consent of Unit Owners enti11ed to exercise not less than seventy-five perce1:t (75%) cf the votir.g power of Unit Owners, and the consent of Eligible Holders o.f First Mortgages on Units to which at least fifty-one percent (51 %) of the votes of Units subject to mortg2.ges held by eiigible holders ofm0l1gages appertain, may determine t!1at the C:mdominium i!! obsolete in whoie OI 1r1 part. and elect to have the same renewed and rchabilitetctl. The 3oard :;ball ~herei.-ln:ln nroce'° . .d w1lh such renewal and rehabilitation and the cost focrcof shall be a common expe:'.'lse. • ·

All Tf CLE XIll

REMOVAL FROM_ CONDOMJNIUM 0\1/NERSHIP

Sec:tkn 1. Procedure for R,_i;m,i,:;val. The Unit Owners, by the affirmative vote of those entitle to exercise not less than 90 percent cf the voting power of the Association may elect to

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remove the Condominium property from the provisions of the Condominium Act, but only after rocciving the ccnaent of all approveu rr.ortgage:s holcling first mortgages on Units~ whose consent sha11 not unreasonably be withhe]d. 1n the event of such election, the Association and the Unit Owners shall take any and all actiori which may be required by law. However, such action shall not aITect Declarant' s interest in auy of the Undeveloped Common Arca, or prevent Declarant from completing any or all of the proposed Buildings and or Units @howr. on the Drawings.

Section 2. Sale After Removal. The Association. on behalf of the Unit Ov1ners, may contract for the sale of the Condominiill!l Property or fcr.ner Condominium Propert)'t but the contract is not bindir.g en sellers i.mtil !:!.pfrovod by Unit Q\.Vtlers a-nd approved mortgagees in the same manner as set forth above ir. Section 1 for an clcctfon to remove. If the pToperty constituting the Condominium Property is lo be sold following rerr..cyaJ.J title !n that property, upo!l removal. shall automatically vest in the Associatfon a.s trustee for tho holders of a]l interest in the former Units. 111ereafter. the Association ~hall have aU powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof di.str:ibu!ed, lhe Association shaH continue in existence with all powe!":i it :had before rem;::;val. P:-oceeds of I.he sale must be distributed to Unit Owners and lier• hulc.ers as their interests may appear, in proportion to the respective interests of Unit 0\\-'nern in the Commcn Areas p!evious.ly owned by such Unit O,vncrs. Unless otherwise provided in the proposal cf sale approved by Unit Owners. so long as the Association holds lHle to the property. ea::;h Unit Owner ~r:.d his successors in interest have an exclusive right to uccupancy ofthei p~rtion of the prc:p1:;rty that formerly constituted his Unit. DUiing the period of that occupa..'1.cy, each Unit Owner arrd his successors in interest remain liable for all assessments and other obtigstior:s imposed 011 Unit Owners by law and by the Declaration and Bylaws.

Sectiq_n 3. Tenancy in CQ!nIDQ:!4 After Removal. If the property constituting the Condominium Prope::1y is not to be sold following removal, title to the property, upon removaJ, vests in the Unit Owne:::s as tenants in commcn in proportion to their respective interest in the Common Areas previously owned by ;uch Unit Owners. Lions on the Units shall shift accordingly. While the tenancy in common cxisrn, each Unit Owr.er and his successors in interest shall have an exclusive right to occupancy of the portion of tho proporty that for:merJy constituted his UniL

Section 4. Distr.h.JJ.t.IDlJ,., Fo!lo1,ving removal of the Condominium Property the assets of the Association shall be dis11ibuted to Unit Ow::.1en;. in proportion to their respective interests in the Common Areas previously owned by such U:rit Owners. The proceeds ofthe sale described in Section 2 above, and held by the A~w::::iation as trustee. are not assets of the Association for purposes of this Section.

ARTICLE XIV

The fallowing provisions shall control all takiEgs of the Condominium Property through the exercise of the power of eminent do:r..ai'l, to the extent permitted by law.

Section 1. Notice and Pa."1..icination. If alJ or any part of any Unit or of the Common Areas shall be taken. injured. or destroyed by the exorcise of the power cf eminent domain, each Unit Owner and approvcc. mortgagee affcct(:d thereby !!hall ~e eniitled. to notice of such taking and to participate through the Associati,x1 in the proceedinzs i:-.cider.t thereto. However, if such taking should affect any or all of the Undcvci.opcd Commori Aff...a prior to its having been improved by a Building, Unit or other improvemen.t mid having been dedicated to and made a part of the Condominium. then Declarant and/or any other owner thereof shail be the only participants on the proceeding and shall alone be entitled t::i proceeds therdrom.

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Section 2. Total Talcing of Unit. If a Unit is acquired by e:ninent domain. or if part of a Unit is acquired by eminent domain leaving the Unit O"vner with a reni..nf..'1.t which may not practically or lawfully be used for a:_-,_y p,upose permitted by this Declaration~ then unless the decree otherwise provides: (i) the Unit1s voting power shall completely terminate; and (ii) the Unit's entire percentage interest in the Commo11 An;:as and in the co.rn.non su::plus and expenses shall automati.ca1ly be reallocated to the rerrrainir.g Units in proportior. to their respective percentage interests before the talcing; and the Associafcn shall attempt to promptly obtain the execution and recording of an amendment to this Declars.t:on reflecting the reaUocations. AnyreJ11.nant of the Unit remaining after part of a Unit is taken under this section is thereafter a Common P.rea. The award attributable to such a taking shall i,e paid lo the Unit Ow~ers whose Units were subject to said taking. in accordance however with the tcnm; of Sections 5 and 6 be]ow.

Section 3. Pa..-:tial Taking.R[U;uit. 3xcept as providJd ia Section 2 above, if part of a Unit is acquired by eminent domain, Section 3 cf Article V hereofshaU be amended upon acquisition to reallocate tho proportionate interests ir... the Common Areas and in the common surplus and expenses whi:::h the Owners ofaH Uflits will have immediately after such acquisition in accordance with the method for dete::mining p~centage interest set forth in said Section 3 of Article V. and tho Association s!lall attempt to prompt)y obtain the exec'!.!~ion and recording of an Amendment to this Declaration reflecting I.he reallocabons. The 1::-ward attributable to such a taking shall be paid to the Unit Owners whose UnHs were sl.l.bject to said partial taking in accordance with the terms of Section 5 and 6 below.

Section 4. ~akin_g_ofCommOii. A::·e~. If part of the Common Areas is acquired by eminent domain, the award attributable to such taking shaU be pa.id to the Association, The Association shall divide any portion of tho a.ward not used for any restoration or repair of the remaining Common .Areas among the Unit O~vncn: in proportion to their respective percentage interests in the Common Areas before the taking, but the portion of the award attributable to the acquisition of a. portion of the Lirni ted Ccrnrnon An=,as shal1 be divided et;_ually am~mg the Owners of the Units which such Limited Common Areas hent'!fited at the time of the ac.:;_:iisition. However. as set forth herein, if any of the Undeveloped Ccrmaon A.rea which could serve as a Building site is taken prior to thc: completion of a Building aP..d Units thereon ali.d such property and improvements being added to the Condomin.iu:rn by amendment heretc. then Declars.nt shall be entitled to any such award with respect to such Undeveloped CoP..1mon Area.

Section 5. Agency for Nev.otia~ion cf Settlements. The Association is hereby constituted and appointed agent for r1ll Unit Owne;-s ar.:.l their mortgagees, v.rith full &uthority to negotiate and make bindi!ig settlements on behalf or and in the name of said oWTiers and mortgagees concerning the value and extent of all takjngs c:f Comt!'lon Area by any agency or entity exercising the power of eminent domain. except for such instances in which Dec!a:rrutt sha!l be el1tiHed to recover any such awards hereu.nd:,i·, in wnich case Declarant sh.all be 5:"J.t:iorized to negotiate and make binding settlements with respect to Sl.lCh condemned pro;ierty.

Section 6. Moru;;agee's Rjghts. In the event any Unit or the Common Areas, or any portion thereof, are made the subject matter of a:iy ccnc.emnaticr; or emjr.enl domain proceeding or are otherwise sough.t to be acquired by a comfomning authority. I.he holders of first moitgages on the interests ta.~en will !l.a.vc first priority, to the extent of foei-:- r!:lspect.ve interests, with respect to distribution t.:i such Unit of the net proceed~ of tty award or seitbment. Each Unit Owner shall give the ho?cer of a :first mortgage ,:;n th:.i.t 0-\1/ner's Unit timely written notice of such proceeding or proposed acquisition.

ARTICLE XV

GRAJ-rrs AND RESERV ATJONS OF RTGHTS AND EASEMENTS

Sc.c-.tion 1. Easement.,;; of_f;njovmem~J..jni!ations. Every unit Ovmer shall have a right and -12-

easement of enjoyment in, over and upon the Common Areas u,.-,d an easement and right of access from a pubJic street to and from hi;;, her or irn Unit, over priva~e streets located thereon and on the Undeveloped Common Are~ which rights and easements shall be tppurtenant to and shall pass w1th the titfo to a. Unit, subject t• the right oft!ie Board to make reasonable rules and regulations concerning use and 11:.anagoment of Common Areas, provided !he same in no way limit or prohibil the right of ingress and egress. Any Unit (hvner may delegate that Unit Owner's right of enj oyinent to the Common Areas and to ingress and egress to the members of that Unit Owner's family and to Occupants.

Section 2. Right of__Emry for R~ai!',. Maintenance and Restoratio:i. The Declarant and Association s:1E1.lt have .a right of entr-J and access to, over. upon and through an of the Condominium Property, including each Unit, to enable the Association to perform its obligations, rights and duties pursuant hereto with. regarc. to maintenance, repair. restoration and/or servicing of any items. things or areas of or in thC"~ Conc.ominicm Property. This right shall further permit the Declarant to utilize an::i run lines to or cx~c.1d lines from wells located upon the Common Areas for the purpose of providing to other Condomini~ Units ::>r other structures located or to be located upon the Condominium Property, :r.ckding but not being Hmited to the Undeveloped Common Area.

SectjQn 3. Easements for .SJlS-fPil&.bnents. Each Unit md the Common Areas shall be subject to easements for encroachr.ients on any ether Unit and upo!l the Common Areas created or arising by reason of overhangs; or -~y reason of dcvirdons in co-nstr'Jcticnt reconstruction, or repair; or by reason of shifting, seUlemer:.l, or movement of the struct..:ires; or by reason of errors in the Drawings. Valid easements for these. e::icrcechments and for th:! :naintcn&"1.cc of same, so long as the encroaching structures remain. shall and de exist. Provided. however, th.at in no event shall a valid easemen.t for any encroach.•neut be created in favor cf the Owner of any Unit if such encroachment occurred due to the: willful misconduct of said OwnerJ his invitee, licensee~ 1essee, family member, guest. agerrt or e1nployee; nor shall this provision relieve a Unit Owner of 1iabi1ity in case of his willful :nisconduct or the wil1fol misconduct of his invitee. licensee. lessee. family mcmberJ guestJ agent or employee,

Section 4. Easement for Su:gQ:cirt. Every portion of a building or utility line or any improvement on any pardon of the Condominium Property contributing to the support of another building, utility Jinc or improvement or,. ano{l-:erpo,tion of the Condominium Property shall be burdened with an e&Sement of support for foe benefit of al! other such buHdings. utility lines, improvements and oilier portions of the Condominium Property.

Section 5. Easoc:ients for Uiilitit".'.l. and Storm Sewers. There is hereby creQ,.ted within. upon, over and under all of the Condom{r,,ium Proper..y. easernents tc th~ Asscciation for ingress and egress to, and the instalki!ion~ rcplacirrg, ropo.iring ilTid raarntairli::1g, of all utilities and storm sewers, including, but not limito;i to water. s:r.wcrs, gas, teleph~~e, elF.clri,~ity and cable television. By this easement it shall be expressly permiseibl:: for th.e provicbg utility company or Declamnt to construct a.nd maintain the necessa.")' poles and equipment, wir...s, circuits, pipelines and conduits within, on, above, across and uncier the Condo~i.r.iuru P-:operty, so long as such poles, equipmenl, wires, circuits~ pipelines and conduits do not Jfir~asonably interfer-e with the use and enjoyment of the Condominium Property or the dev-?.lopment of the Undeveloped Common Area. Should any utiJity company fumishing a service request a s:;iecific easement by separate recordable tlocument, the Board shall have lhe right to grad such easement without conflicting with the terms hereof.

Sectio" 6. E.asen1.:.n1fur...Sern_pe;s, A non-exclusive .:ascI!(.):nt is hereby granted to all police, firemen,, ambuJance operators, ma.ilment deJiver;men, garbage and trash removal personnol, and all similar persons, and to the local goYernmen~ul authorities ar..tl foe Association, but not to the public in general, to enter upon the Comn:on Areas in the performance of their duties.

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Section 7. Easements Resen::ed to Ded,.rant.

(a) Declarant hereby rcscr-vcs, for the maxim'Jm period permitted by law, on its own beha]f and on behalf of its successors a.:.,d assigns and any party now or hereafter having any iEterest in the Undeveloped Common Area, the right and easement to enter upon the Condominium Property in order to insta]l, maintain, repair, a."J.<l replace pipr-.s, wjres, antennas, cables~ towers, conduils. and other Jines and facilities for the purpos.i;,:, of providing water, sanitary sewer, storm or drainage sewer, electric:a], telephone, television, anci other uti]ity or quasi-1..Uity services to and for part or all of the Undeveloped Comm::m Arca; the right a..'ld easement to extend and tie into main line utility and service lines in the Common Arear; as peimitted by puclic autb:irities and any utility company involved and to extend such lines: into the Undeveloped Common Area to service the same; the right and easement to use such pipes. wire~. an.te~as, cables, tcwers. ccLduits, and other lines and facilities for the ap?licable services; and the right a."ld easemenl to ~nter upon the Condominium Property to the extent necessary in ordoc to cor,strnct residentia] units and/or other improvements on the Undeve1oped Common Area. Any ul1Jizatioi: of the foregoing rights and easements reserved, however, shall not unreasonably iI:.terfo:e with the use and cnj.)ymcnt of the Condominium Property; and, if any d~mage, destuctfo~1, or disturba.1cc occun:: to the Condominium Properly as a result of such util1zation. the Condominium Property shall be re;;tored promptly to the condition which existed immediately prior to such utiHz.ation at the sole expense of the person or persons making such utiH:zation.

(h) Declar&nt hereby reserv?.S\ rcr the maximum period permitted by law, on its own behalf and on behalf of its euccessors and ~.!:ls.igr,s l,.lld any party now or hereafter having any interest in the Undeveloped Common Area. the r:Crn!:lxclusive right to use. maintain, and repair the roadways, driveways, pavement. sidewalks a.,tl µarking areas. in common with all parties now or hereafter having any interest in the Condomirri:•Jm Prop:rty.

The reservation of easement in the immediately prece::iing paragraph and any grant made by Doc]arant~ its successors~ or assigns, pursuant to such reservation of easement shall require any party benefiting therefrom who owns aH or a.:.'1.y part of the Undeveloped Common Arca to pay his proportionate share of the cost of maintaining such road ways, etc., in good repair, together with all parties now or hereafter having any i:1t:rest in the Condominium Pr::>perty.

Section 8. Qer.eraJ. The easei:.:ierrts and grants provided herein shall in no way affect any other recorded grant or easement.

Section 9. Existing Easements and Encambunces, The Condominium Property is presently subject to the casements fu--i.d cncrnr..brances set forth on Exhibit G, which is attached hereto and made a part hereof.

ARTICLE XVI

ASSESS.l\1.ENTS AND ASSESSMENT LIENS

Secticn 1. ':::'ypes of Assessme!lts. The Dcclara.:.'1.t for each unsold Unit within the Condominium (ex.eluding Units shown 011 the Drawings but r..ot yet completed and added to the Condominium by Amendment to the Declaration). and ce . .::h Unit Owner by acceptance ofa deed to a Unit (whether or not it shalJ be so ~xpressed ill such dcod), arr.: doomed to covenant and agree to pay to the Associe.tion: ( 1) annual ~per2.ting assr_s1:n-t:ents, (J.) s;ie,,~ial assessments for capital improvements, and (3) special individual Unit ass:essments, all of such assessments to be established and collected as hereinafter provided.

Section 2. P~mcse of Assessments. The assessments levied by the Association shall be used exclusively to promote the l:r-,alth) safety and welfare of Unit OwneIS and Occupants and the best intere~ts of the Condominium Properly.

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(a) Annual O...neratin~ .Ji;CJ,sessments.

(1) At the time of the filing cf this Declaration~ andt prior to the beginning of each fiscal year of the Association thereafter. the Board shall estimate. ru:.d prorate e...inong the Units on the basis of the interest of e2.ch Unit irt :.he Common Areas. common expenses of the Association, consisting of the following:

a. the estimated next fiscal year's cost of the maintenance> repair> replacement, and other services to be provided by fae Association;

b. lhe estimated nexl fiSCiil years costs for insurance and bond premiwns to be provided and paid for by the Association;

c. the estjmatcd next fisca] year's costs for ulility services not separate]y metered;

d. the estima~ed amour.t required to be collected to maintain a general operating reserve to assure availability cf fi.mds for n,JrrP..al operations of the Association~ in an amount deemed adequate by the Board;

e. an. amou..:.'lt deemed adequate by the Beard to maintain in a reserve for the cost of unexpected repairs and replacements of capital i:r.provements and for the repair or replacement of major improvczncnts, for which cash reserves over a period of time in excess of one year ought to be established; and

f. the estimated next fim:::.iI year's costs for the operation, management and administration of the As.sociation, iEc~·Jding. but not limited to. fees for property management. ifto be provided1 fees for legal and accoun!ir:.g se!vkes, ccs!s cf mailing. postage, supp1ies and materials for operating the Association~ and tne sa.1.aries.1 wages. ;:ayroU charges and other costs to perform these services, and any other costs cons.titut1ng common expenses not otherwise herein specifically excluded.

(2) The Board shall thereur;on a]ocate to each Unit Owner his. her or its respective share of al I of these items, prorated in :!cco.dtnce with each respective Unit's percentage interest in the Common Areas. and thereby estabEsh the R.:.'1.'lUru. operating assessment for each separate Unit. For administrative convenience. any such assessment may be rounded to the nearest whole doUar.

(3) The annuaJ operafo1g as~essment shail be paya'!Jle in advance, in such periodic installments (monthly~ G_t!arterly, F.tt..) cT on such du.e da~es, fS the: Board shaJl determine.

(4) If the amounts so collec!ed are. at any time, insufficient to meet an obligations for which those funds fl.re to be used, the d:ficie!lcy sl-.i.all be ass,csS!cd by the Board among the Units on the same basis as heretofore set fortJ1.

(5) If assessments collec:d dufr1g a.n.y fi:sc2l ye~ 2.re in excess of the funds necessary to meet the antbipatetl expenses for whict.. the sa...T..e: have been. collected~ the excess shall be anocated and paid to the reserve applicable to th6.t type of expcr..sc. and shall in no event be deemed profits nor available, except on dissolution of the Asscdaticn. for dis~ribut~on to Unit Owners.

(b) Sg;_cial Assessments for C;_oital Izr..provc~m:;-:rits.

(I) In addi~ion tc the anmrn.I operating assessme·:its hereinbefore authorized, the Board may levy, in any fiscal year, special assessments to con:strJct, reconstruct or replace capital

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improvements on the Common Areas to the extent that reserves th.erefor are insufficient, provided that new capital improvements not reph:aci.1g existing irnp-rcv:ments (excluding any proposed Buildings or other improvements set forth on foe Drawings) ~hali not be constructed nor funds assessed therefor v.-ithout the prior car.sent ofth::: Qw!lfilS of seve:ity-five percent (75%) of the Units and fifty-one percent (51 %) of the Eligible Holders of First Mortgages.

(2) An.y such assessment shall be prorated rur.ong a.11 Units in proportion to each Units' respective percentage interests in the Common A.Leas, and shall become due and payable on such date or dates as the Beard detenr..irLes.

(c) Special Individual Un1t A,rnes2:r,ents. The!'e shall be levied an assessment against an individual Unit to reimburse the Asso:-:faticn for those costs ir.cuued in connection with that Unit properly chargeable by the tem1s hereof to U:at Unit (such as, but not limited to, the cost of making repairs the ret.ponsihility cf a Unit 0wne:-, the cost cf ir:.surar:.cc premiums separately billed to a Unit Owner, and a Unit O-wner-1s enfomement ar-d arbitration charges) . .A.ny such assessment shall become due alld pay.able as $00n us such expeEses are incurred. Additionally, during the first years of the Condominium1s existence. and i.mtiJ su:;h time as real estate taxes and assessments are split into separate tax hiUs for r.ach Umlt thf.l As.sodatfon may pay the real estate taxes and assessments attrihulable to the Condominium Prope1'.y in the event the same have not been paid, when due, and assess each Unit Owne. for his. her or its share of such real estate taxes and assessments as a special individual Unit assessment. The share -ciffaose taxes an.d assessments attributable to a Unit shall be computed by rnuJtiplyirrg the totai taxes and assessments for an of the Condominium Property by the percentage interest in Commoa Area] attributable to that Unit.

Section 4. Effoct1vc Date of Asses.smenL Any assessment created pursuant hereto shall be effective, provided it is c:eated as provided l1erein, if written notice of the amount thereof is sent by the Board to the Unit 0v1.ier subjcr:t th~reto at leasl ten (10) days prior to the due date thereof. or the due date of the firsl installment thereof. ifto be paid in instalhnents. Written notice mailed or delivered to a Unit Ov-~1~er1s Unit shall ccnstitute notice to th.at Unit Owner. unless the Unit Owner has delivered written notice to the Board of a different a::!dress for s~ch notices. in which event the mailing of the same to the last designated address shall constitute notice to that Unit Owner.

Section 5. Effect ofNonpi:iymer.t of A!tsessrnent,_Remetlies of the A:!.sociation.,

(a) If any assessment or any installment of any assessment is not paid within ten (10) days after the same !l.ils become due, the entire unpaiti·baianc~ ofthe assessment shall, without demand or notice, forthwith becc:me due and. payable, ::-1.td bear interest thereafter at the rate of eight percent (8%} per annum.

(b) Annual cperating anc1 both ty~cs of spec~al assessments~ together with interest and costs, shal I be a charge ar.d a co1:t1m.ing lien in favor of tae Association upon the Unit against which each such assessrrient is mude.

(c) At any time after an. assessment levied pursuant hereto remains unpaid for ten (10) or more days after tllc same has bocome due and payable,"" certificate oflien for the entire unpaid balance or that assessment, inlere$t an.J cofits. may be filed with the Recorder of the county in which the Condominium is lo:::ated. at the ootbn of the Oi'mer or Owncn! of the other Unit. The certificate shall contain a description of the Unii against which th=: lien exfats, the name or names of the record Ow-r1er or 0w.1ers faereof, and the a:1101..mt of the u!lpdd portion of foe assessments, and shall be signed by the president of the Association. lf the Prcskcnt is the defaulting Owner, then any officer shall be considered for these purposes to be, and may sign the certificate 2.s "Chief Officer" of the Association.

(d) The lien provided for t.er.:in shf.l.E remafrl valid for a period of five (5) years from the date a certificate of lien was du]y fi~ed there fer, unless sooner released or satisfied in the same

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manner provided by law in the State of Ohio for I.he reJease and satisfaction of mortgages on real property, or discharged by the fi.n.aljudgmcnt or order of a court in an action brought to discharge the Jicn.

(e) Any Unit Owner who believes that an assessment oflien to his, her or its Unit (for which a certificate of lien has been filed by the Asi;ociatioa) has been improperly charged against that Unit1 may bring a:.1 action in the Court of Common Pleas c.fLlie county in which tho Condominium is loc"'ted, for the discha:ge of that Hc!l. In a.'1y such actiont if it is finally determined that an or a p-ortion of the nsses:snent has been improperly charged to that Unit, the court shaU make such order as is just. which may provide for a discharge of record of all or a portion of that lien.

(f) Each such assessment together with interest a.'ld costs shall also be the joint and several persona] obligations of the Unit Owne!:'s who o;;vncd the Unit at the time when the assessment fell due. Th: cbligatior.. for delinquent assessments, interest and cosl.s shall not be the persona] obligation of the Owner's or Owners1 successors in title unless expressly assumed by the successors, i::rovided. however, that :he :::ight of the Association to a Hen against that Unitt or to foreclose any lien thereon for these delinq,:;,er:.t assessments~ interest and costs, sha.11 not be impaired or abridged by reason of tile transfer. bi:t she.11 continue unaffected thereby.

(g) The As~ociation. at the option of the Owner or Owners of the Unit who are not in default with regard to such matter. may 51e a lien to secure payment of the entire unpaid balance of a delinquent assessmeat, interest a.,d cos-~s. and bring an action at law against the Owner or Owners personally obligated to pay the sam.e~ er an actjon to forec~.ose the 1ien~ or any one or more of the above. In my such foreclosure action. the O;,,.'ncr or Owners affected shall be required lo pay a reasonable rentci for that Unit duri1i.g the pendency of such actfon, a.'ld the Association as plaintiff in any such aotion shall be entitled tc become a purchaser at the foreclosure sale. In any such action~ interest and costs of such action (ir.ch.,dii1g attorneys fees) shall be added to the an1ount of any such assessment) to the extent permitt~d by Ohio Jaw.

(h) No Owr.er may escape E.1bEity for the assessments provided for in this Declandion by nonuse ofthe Commcn Areas, or any :fl!::.Tt thereof, OT by abandonment of his, her or its Unit.

Section 6. Subordination of the Lien l.c Fir-sl. Mo,tgages. The lien of the assessments provided fer herein shall be suhje . .ct ar:.d s·~oor<lin!:i.te to the liea of any duly executed first mortgage on a Unit recorded prior to the date on whict. sud1 lien of the Association arises, and any holder of such first mortgage whica comes: into possessi01l of a Unit pursuant to the remedies provided in the mortgaget foreclosure of ;,.he mortgage, OI <lee<l or assig!lll1.ent in Jieu of foreclosure. and any p~rchaser at a foreclosure sale, shall tak.e the property free of any claims for unpaid assessments or charges a.gabst the rnortgaged Unit which became payable prier to the time such holder or purehaser tock title tc I.hat Unit.

Section 7. Cer!i f!cate Re?::.arding AB~essrnerds. The Bc2rd s:iallj upon demand, from time to time. furnish a written statement setting for.h whether th.2 assessments on a Unit have been paid. This certificate shall be conclusive evidence of :i:::ayment of any aE sessmcnt therein stated to have been paid.

ARTICLE XVII

EXPANSIONS

S:ction_l. Reservsticm of Expam:io:, 02tion. Declarant expressly reserves the option to expand the Condaminium Property .as prov~ded i:1 this a.'1icle.

Sectj_on 2. Limitations on Opt.ion. Dociaranl has no iiaTilalions on his option to expand the Condominiam Property except as provided i.l this a.iicle, or elsewhere ~n this Declaration. and

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except as otherwise so expressly limited, has the sole right. power, and authority to expand the Co!ljominiuru Property. Declarant shall ncit be req':Jired to compfote any or all the Proposed Buildings, Units or improvements shown on the Drawi::J.gs. No Unit Owner's consent is required to enable Declarani to ex.pan::i the Condominium Property.

Section 3. Maximum Expansion Time. Docfarant1s cption to expand the Condominium Property shall be exercisl:i.ble at all times within a period of seven years from the date this Declaration is f.led for record, and Declarant, may, with the co.:lse~t of a majority of the Unit Owners, other than Dcclarant, elect to rene·w said option to expand the Condominium Property for an additional seven year period; provided the.t said option to :renew is made within six months prior to the expiration of the iaitial sev:n year ~eriod. Declarant, by written notice to the Association, may elect to waive said option tc expand the Condominium Prope·rty effective at a time prior to the expiration of the initial seven yea"!· peri.otl, er the renewal period. There are no other circumstances that will terminate that o~tion pric•r to the expiration of that seven year period.

Section -1-. Composition of Portions Adde!L Neither an ncr any portion of the proposed Additional Buildings. Units or improvements m1.LSl be adtled to the Condominium Property. nor. if any of the Proposed Buiidings, Units or improvements are .added, stall it be required that any other Proposed improvements he added, i)r-,rvided that portions added meet all other requirements set forth in lhis aztic-le. Except as expressly provided in this article, there arc no limitations on the Buildings. Units and imprnvements that may be added to the Condominium Property.

Section .5. Time for Addiruortfo!l.~.,_ Proposed Buildings. Units and improvements may be added to the Condominium Property from time to time, and at different times, wjthin the time limit previously described. There are n.:> lirr.iit~tions fixing the boundaries on the improvements added, or regulating the order in wl:1.ich improvements may be added.

Section 6. Imnrovcmcnt Location Lirr.ltations. There are no established or defined limitations as to the Io cation of any improv:::!llcnts that may be made on any portion of the Condominjum Property except such iimitations as may lhen be in effect by reason of the laws and lawful rules and rcgula!ions of the appn.--ipri2te gcvemme!ltal bodles and authorities having jurisdiction. The Drawings attached hereto show the location of existing Buildings and Units and the proposed locations fo: the Pre posed Bt:ildbgs. Units. and improvements. However, as set forth above, Declarant shall not be bound by s:1ch Drawings or in any manner obligated to complete such Proposed Bui I dings. Units or impr-~vem.ents.

Secllon 7. Maxinum Nurnb:er_ofUr.its. The maximur.i total nwnbcr of Units that may be a part of the Condomlnlum ?rope1ty is 24. Subject to the foregoir.g total maximum of Units that may be added to the CondomirJiu.m Property I.he ::naxiniurn number of units per acre that may be created on any portion of the Undeveloped Common Area and added to the Condominium Property shall be

Section 8. Ncn-Residential "Uses. The maximum percentage oflhe aggregate land and floor area of all Units that m~y be added to the Condominium Property that are not restricted exclusively to residential use is zero, since no such Unit may be so c;rea~etl aud added.

Section 9. O:im;ttatihil~of Bi·~jidin..~ All buildings erected on all or any portion of the Undeveloped Conirnon Area will oe r.:ampatible with stn:icture;;; then on the Condominium Property in tenns of quality cf coastructio11. the principa] mate:ials to be used, and architectural style and design. Comparable style and design 5hall be deemed tc: exist 1 fthe exterior appearance of the stmctures on the Condorr.inium Property is ccmpatib]e &nd har-.:.-r..onious with those then on the Condom1nil.!n1 Property. Design s...11111 m:it be deemed to he inr:ompa.lible or not comparable because of changes in the number of dwelling u.r..its in a building, or vaiiances in setbacks or locations of structures in re]ation to other improvem::::its.

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Dec1arant further reserves the right to utilize any existing bu.ildings or structures upon the Condominium Property, which bdldings or ~tr:Jcturcs may be added to a..."ld made a part of the Condominium in their existing condition or as remodeled and/or renovated.

Secti1;m 10. l:r.~rnvemen_~_ ofu~JlMm Baildin~s. If all or any nwnbcr of the Proposed Buildings, Units or improvements a.re added to the CcntlomiJium Property~ drives, sidewalks, yard areas, a.nd other improvements similar to those then on the Condominium Property shaH also be added therelo. Improvements ofaer l'iii.!."l Buildings added to the Condominium Property shal] nol include improvements except of substantially I.he same kind, styteJ design and qua]ity as those improvements then on the Condominium Pmperty.

S!;.ction 11. '.fn:es gfIJni1~ AH Units tht..t are added to the Condominium Property sha11 not be required to be substa!ltially idcntica:: to ?.nd of the types of Units then on the Condominium Property, provided, how{;vcr, th&t sr.ch Units shali be deemed compatible in style with the present Units on said Condominiu_m Propc:rty.

Section 12. Limited CommoI? Amas. Declarant reserves the right with respect to aU or any improvements added tc the Condominium Property to create Limited Common Areas therein of substantially the same type aud proportiona:ely the same approximate size, and number as those areas then so designated as such in fac Cond:Jminium Property, including, without ]imiting the generality of the foregoing, those imprcvements described on Exhibit E hereto. The precise si2e an.d number of such newiy created Limited Common .A..reas cannot be ascertained precisely, because those facts will depen.:i en how farge ea.ch po:t.ion added may be, the size and location of the buildings and other improvements on each portion, and other factors presently undetermined.

Section 13. Su11.ru ementary_ Drawingfu Attached hereto, marked "Exhibit E11 , and made a part hereof. are drawings showing the loca~!cn and dimensions oftlrn Condominium Property and the Proposed improvements. Dcclarant does r.ot consider any oilier drawings or planst other than the Drawings presently attached horntc, a?propriate to .supplement the foregoing provisions of this article. However, at such time as Decl.aranl adds any of the proposed Additional Buildings. Units or improvements to the Condominium P:oper.y it shall file as built drawings and plans with respect theTeto as required by the Condorniniurn Act.

Section 14. Procedures for. E::,;;pa.'1.sion. All or any proposed Additional BuildingsJ Units or improvements shalJ be added to the Co:idominium Property by the execution and filing for record by Declarant and all ovme1s and lefsee;; of the land so added, in the manner provided by the Condominium Act, of an a.'llendmer.t to the Doclaratfon that contains the infonnation1 drawings and plans with respect to the Additional Bdldings, Units and improvements thereon as are required by the Con<lomia1um Act.

Section 15. Effects ofExQansion. Upon the filbg for record ofan amendment to the Declaration adding all or any of t!l(: proposed Additional Buildings, Units OT improvements to the Condominium Property:

(a) the Additional Bui~dings, Units or improvements shall thereafter be subject to all of the tenns and pmvisions hereof, tc fo:, same extent and with tile same effect as if such improvements had been provided herei11 ~s constituting µart of the Condominium Property. that is. the rights, e&Serr.ents) covenants, restrictions m1d assessment pl&'l set forth herein shall run with and bind the added portion in the same :nanner. to the samF.; extend, and with the same force and effect as the tem1s ofthis De-:;:;]araiion a.:i:,ply to the Co:idorr:inium Property;

(b) the Owner or Owners: of the Adc.ition2.l :Jnits shall thereupon become members of the Unit Owners Association, to the sa."T.e extent, witl1 the same :ffect, subject to the same obligations, and imbued with the same right5, a5 all other members~ and

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{c) the undivided interests of Units. in the Common Areas. as so expanded, shall be reallocated sc as to be, with respect to each Unit, in the prcportion that the total square footage of each Unit bears to the aggregate of fae total squal'e footage of all the Units then having an interest in the Common Areas.

( d) in all other respect~, cll of the provisions of this Declaration shall include and apply to such additiona1 Buildings, Un~ts and !• provements. and to the owners~ mortgagees and lessees thereof, with equal meaning and of like force and effect.

ARTICLEXVTIJ

NQ~[CES TO MORTGAGEES

Any holder or insurer of a first raortgage, upon writter:. request to the Association (which request states the name and address of s:ich holder or insurer and the Unit number), sha11 be entitled to timely vmtten notice by the Ammdati::m of:

1. any propos:d ame!i.ciment of the Condomin.ium organizational documents. effecting a change in (a) the boundaries of any Unit, (b) theu.ndividetl interest in the Common Areas appertaining to any Unit or lhe Jisbility for common expenses appertaining to any Unit, or (c) the purposes to which any Unit or the Common Areas are restricted;

2. any proposed termination of the Condominium as a condominium regime;

3. any co:1denmaiion or err.inent domain proceeding affecting the Condominium Property or any pa.'1. thereof, of which the Board obtains notice;

4. any sigr..ilkant damage or destruction to the Common Areas;

5. any dech:fon by the Asec.ciation not to restore substantial damage or destruction;

6. 8.ny decision by the Association to renew or rehabilitate the Condominium Property;

7. any decision by the Association to construct new capital improvements not replacing existing :improvements;

8. times and places of Un.it Owner:;;! meetings~ and

9. any default under the Ccr,,dcminium organizational documents which gives rise to a cause of action s.gainst a Unil Owner whose Un~t is subject to fa~ mortgage of such holder or insurer. where the defai.llt ltas not been c1...red in sixty (60) days.

ARTICLE XIX

CONDOMINIUM INSTRUMENT REOUTREl\lfENTS.

S,~9Jii;i:i1J_._Q~ni;.r.,6J,_._ The Condol!linium :.-i.ct req:1ires foal certa1n infonnation be provided in the Condonh:tium instruments. Mu.:h of this informaticn is nrovi.Jed elsewhere in the Condominium organizational docum:-::n:fl at!d in other tlccurr:.ents, but in order tl:at such information be provided !I!. this Declaration, various items of that infonnation m-e set forth in the fo11owing sections of this article.

Section 2. Deposits. Any deposit er down payment rn2.c.e in conneclion wjih a sale of a Unit by Dechmmt OT its agent will be held in tri..;.st or escrow until delivered at the time of the closing of the sale or retudl.ed tom C1thenvise credited t.::i, the bi.::.yerj or forfeited to the Declarant. If,

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in the case of any sue h sale. a deposi~ or down payment of $2,000 or more is held for more than 90 days, interest at the rate cf al least 4 pe,cent per anm.im for er..y period cxcoo::Hng 90 days sha11 be credited to the buyer a! the time of the closing of the saker upon return or other credit made to the buyer, or added to s.ny forfeiture to the Decfarant. Deposits l!eld in trust or escrow pursuant to saies by Declarant or its agent shall not be st:tljoct to auachrr..f;nt by cTeditors of Declarant or the buyer.

Section 3. Association Control. Except in its r,apadty .as a Unit Owner of unsold Units, the Dcclarant or its agent will not reta!n a prcpe.rty interest in an.y of the Common Areas aftor control of the Association is assumed by the Association. The OV1T..ers of Units thst have been so]d by the Declarant or its agent will a.ssurr:.e control of the Association and the Common Areas, as elsewhere provided herein, in compliance with the reC!_uirern.ents of the Condominium act. Neither the Association nor the U1lit Owners will be subject to any mai-i~gement contract or agreement executed prior to the assumptio!l of control of the Association by Unit Owners other than Declara.'lt for more than one year subsequent to that assumption of c::iatrol unless such a cont!'act or agreement is renewed by a vote c,ftl,e Unit Owners pursuant to the provisions cf tho ByMLaws.

Section 4. Limited. Warrantx:, Following are the limited warranties (and limitations thereon) which the Dec.la.rant gives to the ·:,u.ycrs of r:, Unit from it, which are not enforceable by the buyers unless and uatil the sale of the Unit to the buyers is closed.

A. 1.Inits, Excepl as provided in sabparagraph C, be1ow. the Declarant warrants to provide and pay for the fa11 cost of ]abor ar.tl materials for any repair or re:placement of structural, mechanical, and other elements pertaini..'1.g to the Unit, occasioned or necessitated by a defect in material or workmanshi~. that arise within a period cf one yea"'.' from the date the deed lo the buyers for that Unit is filed for record.

B. Common Areas ar.d .Facnitfos. The Decla....-a.'lt warrants to provide and pay for the fu]l cost of Jabor and materials for .?..fly repair or replace:n.ent of the roof and structural components, and mechanicaJ, electrical~ plumh1ng1 a...,d ccrmnon service elements serving the Condominium as a who1c, occasioned or necessitated by df!fects in rnateiial or wor.k.'Tla.'lship, that arise Mthin a period of two years from the date the de~d is fi!ed for record following the saJe of the first unit in the Condominium to a purchaser in good faith for value.

C. App :ian:;:;es. elc, In the case of ranges, refrigerators, hot water heaters and other similar appliances, if any, installed and furnish;:d by the Declarant as part of the Unit, the Dec larant assigns to the buyer-s i:i.11 express and implied w~Iranties of the manufacturer, and the Declarant's warranty wilh respecl to s·:.1ch items is limited to the Declarant's warranty that the same have been properly installed.

D. Extended Warranties, The Deeb.rant assigns to tho buyers any warranties made to the Declan1.TJt that exr.:eed the time periods for warranties that fuc Dcclarant has given to the buyers by this limited wartanty.

E. Limitations.

( 1) No res~onsibility is a.ss,J.med for damage from m1y cause, whatsoever, other than to repair or rop]acc, at the Dccfarant;s cm,t~ items containing defects :overed by Dedarant1s warranty.

(2) No responsibility is sssumed for conscc_:.:icntial or incidental damage except to the extent, 1fany, notperr.r..itted to be excluded or limited by law.

(3) hTiplied warranties:. if any, ?.re limited to one year from the date on which the Unit is deeded to the buyers. except to tl:e extent, if any, that limit.ation is not lawful.

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(4) These warranties are the only express warrantiel!l the Declarant gives to the buyers unless additional warranties are included in a written contract between the Declarant and the buyers.

(5) Any request for service must be sent in writing to Declarant at 9388 Market Avenue. HartviHe, Ohio 44632, or at such oilier address as the Dcclarant may designate, from time to time, in writing to the buyers. Declarant er Dcc~!11"ar.t\: designaletl :-ep!"ese:r.i~ative will commence perfonnance of the Declarant's cbJigations w:der this warra..,ty within thirty (30) days after receipt of the buyers' Tequesl foT service~ and :::omplete the same as soon as reasonably possible. All repairs and adjustments will be made Monday thrcrJgh Friday, 8:00 am. to 5:00 pm.

F. Other Rights. 1h.is written limited warranty g;ves the buyers specific legal rights and the buyers may also have ot.licr lcgs.1 rights under law.

Section 5. Decla.nmt's_QbligatiQtlS. Declarant, as the owner of unsold Units~ will assume the rights and obligatiorn; of a Unit O,.v11e::::. kcluding~ without limitation, the obligation to pay common expenses attaching to such unsold UnitG, from the date this Declaration is filed for record. However, no asses51r;.ents shall be tl'Je and pay6.ble with respect to any of the Proposed Buildings or Units shown on the Drawings urJess and until such Buildings and Units are completed and made a part of the Condomjnfam by Ame:;r.dmcnt to the Declaration.

ARTICLE XX

AME."1DMENTS

Section 1. Power to Amel!tl . .A-.mendment of this Declaration (and the other Condominium organizational documents) shall require (a) the consent of at least 75% of the Unit Owners, unless a greater percentage of consent is req_Fire::i under tt:e Condominium Act; and (b) the consent of 51 % of tho E1igib1e Holders of First Mcrtgages, The Declarant reserves the right and power, and each Unit Owner by acceptance ofa dcod ~o a Unit gives and grnnls to Declarant a power of attorney, which right and power is coupled with an interest and runs with the titJe to a Unit and is irrevocable (except by Declarant), for the period o:1-~ee (3) ycan:: from the date hereo~ to amend the Cond1',}minium org~1izaticnal documents to the extent necessary to confonn to the requirements then governing the purchase OT i1s;.~nmc~ cf mortgages by The Mortgage Corporation, Federal National Mortgage Association, Gover:-r:ner:t National Mortgage Association. Mortgage Guaranty Insurance Corporation, the Feden11 Housing Administration, the Veterans Administration or any other such agency; provided that the ccnsent ofa.11 etigibkbolders of first mortgages is obtained; and, further provided, that if there is a Unit Ow1:er 011.er than the Declarant, the Declaration shaJl nol be amended to ir.crease the scope o::: the period of co:ntroJ by the Declarant.

Section 2. Method to An~.sIDd. An amendment to this Declaration or the Drawings or the By-Laws, adopted with tt.e consents: hereinbefore provided~ in a 11vriting executed wilh the same fom1alities as this Declaration by an U:lit Ovmers, shall be effective upon the filing of the same with the Recorder cf the county in whica the Condominii;.m iE! located.

ARTICLEXXI

GENER.\L PROV!SIONS

Section 1. CJ.wen ants Running with. the Land. The covenants, conditions, restrictions, easements, reservations, i.iens and chaTges r.:Teateid here·umier or hereby shall run with a..,.d bind the land~ and each part thcrooi: and s:iaH be binding upon anc irmre to the benefit of all parties having any right, title or in:eresl in or to a!l or a..11y part of the Ccndomb.ium Propert}\ and the Association, and their respective heirs~ executo1 s, administrators, successors 1::k'ld assigns.

Section 2. Enforcement. fa addition to zny other rcm,:-;dfos provi::ied in this Declaration. -22-

Declarant {only with rcspoct to thosa rights directly benefiting it), the Association, and each Unil Owner, shall have the right to enforce, by any proceeding at law or in equity, a11 resbictiOns, conditions, covenartts, casements. ::-eservations, liens and cha,ges set forth herein or in the By-Laws or now or hereafter imposed by or !:hrot:gh the Associ::1tionts rdes and regulations. Fai]urc by Declara.nt, the Association or by f.."lY U11Jt Owner to pro::::ef:d wilh such enforcement shall in no event be deemed a waiver of the right to enforce at a later date the original violation or a subsequent violation, nor shall the doctrine of:aches or any statute oflimitations bar the enforcement of any such restriction, condition, covenant, rcscrvatiOi.l, ease:nent) lien or charge. Further, the Association and each Unit Ovmcr shall have rights of iction againsl each other for failure to comply with the provisions of lhe Condominium orga."'rizational docwncn.ts, mlcs and regulations, and applicable law, and with respect to decisions 1~ace r.,u!':mant to authority granted. lhereu11der. and the Assocjarion shall have the right to assess reasonable charges against a Unit Owner who faHs to comply with the same. including charges for the costs of enforcement and arbitration.

Section 3. Se:i::.~.:tbilitv. InvalidEtion of any one or more of these covenants, conditions, restrictions or casements by judgmflri: or court order shaU in no way affect any other provisions. which provisions shall remain in fi.:Jl farce and effect. In the event any language of this Declaration conflicts with mandato;-y provisions of the coudc1jinium act, the statutory requirements shall prevail and the conflicting language !ihal] be dee:11ed to be invalid and void. provided that such invalidity shaU in no wise affect any other provisions of this Declaration which provisions shall remain in full foTce and effect.

Section 4. Rulo /',.gainst PEin,otu.iti~s 2.nd Restri.c-tions on AJ1enation. If any of the privileges, coven2nts~ OT rights cre:::itec. by this D~laTation a,_7d/or by any of the exhibits hereto shal1 be unlawful or void {or violation of: (i} the rule against perpetuities or some analogous statutory provision, (ii) ihe ntle restricting r~ttraints en al1enation, or (iii) any other statutory or common law rules imposing time Emits. then St".ch provision sha11 continue only until 21 years after the death of the last survivor of tl1e now living desccrrdF.nt~ of William J eITerson Clinton, President of the United States ol' America..

Section 5. Gender and Gmrra-r,aT. The singular wherever used herein shall be constmed to mean the plural when applicable, and. ~he n~cessi:.ry grammatical changes required to make the provisions hereof apply either to ccrpcrntions. partnerships. men or women. shall in all cases be assumed as though in such case folly expressed.

Section 6. CapJi,ons. The captions of the varjous provisions of this Declaration are not part of the context hereof. but are merely labels to assist in Jocating the various provisions he.eo[

TN WITNESS WHEREO?. t~1e l·;~1dersig1::.ed Declarant has executed this instrument this .JA:. da;( of.£~, 1998. _]'he ~md~rsigned, M.~a.M .. Xoder. hereby executes this Dcclarahon for the sole p11rpose 01 subJectrng he. dower mte:;:·est m the property covered hereby to the ten11s hereof

Signed and acknowledged in the presence of:

rh1:1>;7J-¼ oy ~- ,;, _F-uf--23-

STATE OF OHIO. STARK COUNTY, SS:

Before me. a Notary Public in and fo~ said Co.mty a.,d State~ pen.:ona11y appeared the above-named LeRoy J. Yoder a..'1.d Martha M. Yoder. by LeRoy J. Yoa:ier, her at!omey in fact pursuant to a power of attorney, who acknowiedged that they did sign the foregoing i.i"lStrument filld that the same is their free act and de~d.

IN TESTIMONY WHEREOF, I l.av;e hereunto s:t my h:nd ,:..,.id officia] seal at Canton, Ohio, this 16111 day of February, 1997.

IRUCE M. SOAR!S,ATTORNEV Nowy Publi.c. S1/il:e o1 Ohio

My Ccfflrnl&sion r.as no El(Jlinillcn Date Under ~ion 147.DS R.0. ....

EXHIBIT A

DEFINITIONS

1. "Additional Buildings, Units an.d improverr.ents" means the buildings, structures, improvements~ Units and other permaner.t fixtures that may be constructed on the Undeveloped Common Area and wy and all privileges belongir.g or ~crtaining thereto. including but not Jimited to any and all easements now or hereafter benefiting suc!l irr::.prov:,merits; and shall a]so mean other improvements described below which :::nay in the futi;re be added to the Condominium Property.

2. 11 Articles 11 and II A,fa)es oflr.1;011)oratioa" mean the articles~ filed with the Secretary of State of Ohio, incorpo1alir1g r:,e Village Commons Condominium Unit Owners Association, Inc. as a corporation net-for-profit under the provisions of Chapter l '/02 of the Revised Code of Ohio. as the same may be lawful1y amended !mm th:e to t1me.

3. "A:;sociatio.1" and "The ViEage Comm:ns Condominium Unit Owners Association, Inc. 11 mean the corporation not-for-profit crea!ed by the filing of the Articles. and is also one and the same as the Association created for the C::i~dominiwn pursuru"lt to the provisions of Condominium Jaw. for the management and operation ofth.e Condominium.

4. "Boardn and "Board ofMar.&gers'' mean those persons who, as a group, serve as members ofthe Board of Managers cfthe Association established for the Condcminium pursuant to the prov1sions of tl-;,e ~omlominiu.m act.

5. "By-Laws" mean the by~laws of the As:rnciatior.., as the same may be lawfully amended from time to time. created 1.mder and pursuant to the :!)rovi.sions of the condominium act for the Condominium, and which alee serve r'.S the Code of Regulations of the Association under a.'ld pursuant to the provisions of Chap~er 1702. A true copy of the By-Laws is attached hereto and made a part hereof.

6. "Common Areas" m:::ans: all of the Condominium Property, except that portion thereof described in this Declaration as constituting a Unit or Uni is, and is that portion of the Condominium Property constituting "co.mmcn areas and facilities 11 of the Condominium under the provisions of the condominiwn act.

7. "Common Assessments" means assessments charged proportionately against all units for common purposes.

8. 1'Condomi!limn 11 an.d 1rThe Village Cornr.ior,s Condo::iiinium11 mean the condominium regime for the Condomin~.ill!l Property crea~ed unde!" and pursuant to the provisions of the condominium act.

9. "Condominium Act" m:ans the sta!l.ltory law ofth~ State of Ohio regufat1ng the creation and operation of condomi::iium~ and. is presently Chapter 5311 of the Revised Code of Ohio.

IO. 11Condominimn Instruments" as that tcrr.i is used herein and in ~5311.0l(P) of the Ohio Revised Code, means the Dcclaratfont By-Laws~ o.rawin.gs, any contracts peiia1ning to the management of the Condominiur., Property, ar:d all other documents. coJtn:.cts, or inst~ments establishing ownffl".ship --.:if or exerting control over the Coi:dominium Property or a Unit, including, specifically. a..lly contrnct between the Declfil3Ilt and a µurcha.scr for the sale of an individua1 unit~ and any warranty docurr;.ent delivered in comiection wi~h .such sale. To the extent that any such documents. contracts. inst."1.lment;. etc.~ include informatjon whi,:.h is required by the condominium act to be pr::ivided in the Condominium instrumeds~ such ir.formutfon shall also be considered to be incorporated in this Declaration as if fuI!y rest:.led henf.ri.

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11. 11Condorniniurn orgaaizational documents" moans the By-Laws~ the dTawings, and this Declaration, as the same may ]awfully be amended from tiln: to time.

12. 11Con<lo:rninium Properly'• means all or a portion of the tract ofland hereinafter described in Exhibit B End all buildings, stn:ctures and improvements situated therecnt and a.I] easements. rights and a;ipurtenances belonging thereto, which are submitted to the Conc.ominium Act by mes.nJ cf this Declaration and any amendments thereto, which are accompanied by as buiJt drawings ofa11 improvements there.on. Condominium Property saa] include any part or au of the Additiona] Buildings, Units and im;irovcmcnts which are S;lbmitted to the provisions of the Condominium Acl.

13. ''Decfarant1; means LeRoy J. Yoder and his heirs, successors and assigns. as appropriate. µ-rovitled the rights speci5.c6..lly reser-ved to Decla!'ant under the By-Laws or hereunder shaH accrue only to such successors a!td assigns as are designated in writing by Declaranl as successors and as!igns of such rights.

14. 11De::::larati-:;mtt mean;; this instrument by which the Condominium Property is submitted to the condominium act. as this instriJment may be lawfully amended from time to time.

15. "Drawings" means :he d:-awings for the Cor:.dcminium as defined in the condominium act, filed simulta.m:011sly with the submission cf this Declaration for recording, as the same may be lawfully amended frorr. tir.J.e to time.

16. "Eligibie holder of e. first mortgage lien" mes..:"15 tl:e holder of a valid recorded first mortgage on a Unit. wn.ich holder hai; given written notice to tl:e Association stating the holder's name. address and Unit or Units subj~c: to its mortgage.

l 7. 111...irniled Common Arl;'!as11 means those Common Areas seiVing exclusively one Unit or more than one Unit but less than ~-E Units, lhe er.joyment, benefit or use of which are reserved to the lawful occupants ofthat Unit o: U;:-iits either in thi~ Dedaiation, or by the Board, and is that portion of the Condominium Property constituting "limited common areas and facilities" of the Condominium under the previsions ofth: Condominium Act.

18. "Ma,_,ager" and "Managers" mean that person or those pernons serving, at the tjme pertinent, in the capacity of a member of the Bm:rd of ManaBets of the Association, as defined in the condominium. ac!.

19. "Occupant" means a person or persons in possession of a Unit, regardless of whether that person is a Unit owner.

20. "Perso!l'1 means a naturs.1 in:iivid:.:ial, corpo:a!ion, p2rtnership, trustee, or other legal entity capable of holdiii.g title to real propercy.

21. "Rules ar:.d Rcgulations11 means the administrf.li ve ru]es adopted by the Board from time to time governing the operation and use of the Ccnc.ominium Property and any portion thereof.

22. Undeveloped Common ... -\.rca'' means that portion ofihe Condominium Property which is CoBm.on .Arca and whkh is shown on the Drawings attached herelo as being the location of or the potential location of a proposed Additional Builciing, Unit or improvement.

23. 11Un1t11 or 11Units11 n~ear..s lh"'t portion or pcrtim;.s of the Condominium Property described as a unit or iJJlits in thLs Declaration.an.dis that portion of the Condominium constituting a •1Uuit11 or 11Unitst' oft.1.e Condcminium under the provisions cf6e Condominium Act.

24. "Unit Owner" and "Unit Ow::tfilS11 mean that person or those persons owning a fee• simple interest in a Unit or Units, each of whom is ti.lso a 11 memb-er1; of the Association.

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EXHIBIT B

DESCRIPTION OF ?ROPOSED CONDOMlNIUM PROPERTY

Situated in the Town.ship of Lake. Cm.n.ty of Stark and State of Ohio: And known as and being part of the Northwest Quarter ofSectim: 9 a.ud being part of a parcel now or formerly owned by L. & L. Y Oh(1 and being more fa!.ly descrEied as follows: Commencing for rcf erence at a 1" pipe found at the Northeast comer of Lot 62 of WILLIAMSBURG VILLAGE NO. I as recorded in Plat Book 45. Page 132 of Stark County Records.; Ll-ience S 06° 40" 32" W, along the East line of said Lot 62 a distance ofl 4.05 feet to a 1" pipe found; thence S 85° 16' 31 '' E, (basis of bearing from Hinton survey dated April, 1990) along !he No:fa line of said Yoho Deed, a distance of356.61 feet to a 5/8" rebar found at the true p]ace of beginr..iE.g of the parce-l herein described; thence S 8 5° 16 • 31" E. continuing along the North line {)fsaid Yoho Deed) a distance of329.83 feet to a 1/2" bar found at the Northeast come:: of said Yoho Deed; thence S 04° 47' 49'' V-/, along the West line of a parcel now or formerly owned by the Bos.rd of'Laice Township TPJSlees, a. distance of 530.33 feet passing over a 1/2'' bai found at a distance of498.61 feet; thence N 63° 36' 34" W. along the Southerly line of said Yoho Deed a dista.1ce of 3 70 . .20 feet; thence N 06° 53 • 27" E, along the East line of a 5.111 acre parcel, a. distance of 393.94 feet passing over a S/8" rebar found at a distance of 31.86 feet to the true place of begiru1ing and containing 3 .568 acres or land~ be the same more or less, bul subject to all 1cga1 hjghways.

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EXHIBITC

(a) !J..ttiJJ.Jscs. Except as otherwise specificaUy provided in this Declaration. no Unit shall be used for any purpose -other than. that of a resider.ce E.nd purposes customarily incidental thereto. In addition. each unit must ·,e occupied by at !east or..e person who has attained the age of 55 years or older. lf thc occupant who i~ 55 yearn of agF. or elder ij:1ould die, then a. surviving spouse under the age of 55 and/o:.- chik!ren who reside b the Condominium unit at the time of such occupa.11t1s death may continue to reside in the Cond:,miTiium unit. However, in such case~ no other individuals u.idcr the age of 55 years of a.g:t:l may be perr..1itled to reside in such unit. In all other ciTcumstances. the age :equ1remer.t contained herein shs.11 be enforceable. lt is intended that the Condominium will provide an enviromner.t conducive tv seriior citizen !'csidcncy and occupancy and is designed to be a s:-:nior cit~zcn rlcvc:1opmf;nt and commu!li!y. Such restriclion on occupancy that at least one unit occupant be at least 55 years of age or older eha11 nm with the land and shaU govern and he applicable to any subsequent sa1cs of units within the Condominium. Notwithstanding the foreg:ling, owners a.~d occi1r,ants may :.ise units in part for the following purposes: (i) an occupant maintaining a i')erson.al or pn::::fessional iibrary, keeping personal business or professional rccc-rds or accounts. nr porsonal nusiness OT p:ofo~sional telephone calls or correspondence~ in or from a Unit, :s ~ngagbg in a use axprE',ssly declared customarily incidental to principal residential use and is not in violatio!l ofthcec rcs.~rictions, and (ii) it shall be permissible for the Dec]arant to r.-.aiI:tain, du.ing the pe::iod of the sale of these Units, Units as sales models and/or offices.

(b) Common Arcas:_Uscs. The Com.non Are-..a.s (except the Limited Common Areas) shall be used in common by Uni~ OwncrS! ar.d Occv.pan~s :.md their agentst servants. customers, invitees and licensees, in :.wcordar.ce with the purposes for which they are intended, and as may be required for fae purposes of :acce;gs. ingres::; to, egress frnm, use, occupancy and enjoyment of Units. h1 addition, the: U1,.developed Conmen Areas may be used by the Declarant to construct proposed Additional Bilildin.0s, Units ar.d improvements thereon. However, unless exprcssJy otherv1ise provided herein~ ::10 Cox.men Areas shall be used for any purpose other than lhe health~ safety, welfaref ccnvenic:n.c.:, com fer.:, recreation OT enjoyment of Unil Owners and Occupants.

(i) Obstmction. There shail be no obshuction ofthe Common Areas nOT shaU anything be stored in Common Areas without the prior consent ofthe Association. except as expressly provided below.

(ii) La1;,.lJ..4n'_, Rubbish. and Ope:i Fires. No dothes, sheels, blankets. laundry of any kind, or ether artid:;s sha]l be hur.g out o:: exposed on auy part of the Common Areas. except as may be provided in Ute Rult',S antl Reg;,i!ations. The Common Areas shall be kept free and clear of rubbish, debris, anc other ur.sightly matcrfo.Js. All trash. garbage~ or other rubbish shal I be deposited only in accorda.'lce with ~he Rules and Regulations ar..d Declarant, and subsequently the Ass3ciation, may es.bblish an:i locate central t:Iash coJlection sites on common areas. No open fires sha!l be permitted on any p&.rt of the Condominium Property other thmi fires in charcoal grills or other similar cooking devices 1ccated in ureas designated by lhe Rules and Regulations.

(iii) Lounging or Stor~ There shall be no parking of bicycles. wagons, toys, vehicles. benches. or chairs on any :,:iart of the Common Areas except in accordance with the Rules and Rcgulatiom:. However, bicycfos :md o!t.er persorial property may be stored i.1 such areas as may be desJ.gnated for that purpose by tt? Board of Trustees of the Association; and the Limited Common Areag may be used jn any way that is not in violation of the provisions of the Declaration, by Bylaws or the Rules and Regulations.

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(iv) Dangerous and lllegal Uses and Waste. Nothing shall be done or kept in any Unit or in the Common A.reas w"hich ·.viii incref.Se the rate cf insurmce of the buildings or contents thereof without the prior written consent of the Association. No Unit Owner shall pennit anything to be done or kept in his Unit orb t!ie Common .A..rcas which will result in the cancellation of insurance on the buildings or contents. thereofi or which wo~ld be in violation of any law. No waste will be committed in the Cornrnon Areas.

( c) Limited Commor. Areas Uses. Those portions of the Common Areas described herein and shown on the Dn1wings as Limited Commer. Areas shall be used and possessed exclusively by the Uni~ Owners a..11.d Occupants of the Unit or Units served by the same. as specified i!l this Declanitiou. subject to the r;:strictions en use of Col!ll!1on Areas and Limited Common Areas set forth in this Declara:ion a.mi such rules and regulations as may from time to time be promulgated by lhe Board_ Limited Comm.on Areas sha11 include the patio area adjacent to each Unit and the drive way leading to each unit's garage space-

( d) Visible Are~s. Nothing shall be c"'~sed or permitted to be hung or displayed on the outside or inside ofwindcws (~t.her than curtain;;. drapes or other customary window coverings, which shall not adversely a...+fect, in the opinion of the Board or the Architectural Control Committee, the exterior appearar,.cf; of the Condcminiu:n) or placed on the outside walls of a building or othe1wise Ol.ltside of a. Unit, or s.ny part therooI: and no .sign. awning. canopy. shutter or television or citizens1 band or other radio ar:.tenna or lransm1tter, or any other device or ornament, shall be affixed to or placed upor. :.he ::.xt~rior walls or roof or any part thereof1o nor shall any alterations of any type, including painting or other decorating activities be permitted to lhe exterior ,.va!ls or roof or any part thereof un~ess s.:1thorized by the Board or an authorized committee, and subject to such ru]es a.,d rcgulationi; as the Board may adopt from time to time.

(e) Nuisat1ces. Ne noxicus or offensive activity shall be carried on in any Unit, or upon the Common l\reas, nor shall ei6er be used in any way or for any purpose which may endanger the health of or unreasonahiy disturb any Occupant.

(t) Y~hicles. The number of motor vehicles owned or possessed by a Unit Owner to be parked or otherwise stored i:rve:might upon the Condominium Property shall be limited to two per Unit and said vehicles m-u.st be puked in the garage space or in the driveway directly in front of such garage~ or in other space~ spcdf:.citlly provi:icd for parking. which are available to said Unit Owner, or as othen.vise governed by pa:kir:g regu.lalions and restrictions promu]gatcd by the Board. Visitor parking will be lim:ted to tb:Jse specificaJly designated vjsilot parking spaces_ Furthermore, the Board may promu]gate regulations restricting the parking of autorn obi les, inoperable vehicles, t:Plcks, boats and Jeci-eatfrmal vehicles on lhe Common Areas, and may enforce such regulafr::ms OT T('-S.tric!1ons by levying fines, h1ving such vehic1cs towed away, or talcing such other action 2.s it, in its sole discretion d.coms appropriate.

{g) Renting m;i,a_ !....easirrg,_ No Unit or part thereof shall be rented or used for transient or hotel purposes, which is defined as: (i) rental for any !)eriod Jess than six (6) months; (ii) rental under which Occupants arc provided customary hotel services such as room service for foo<l and beverages, maid service~ the !hmishinz of hu~dr; a!ld linen, busboy service. and similar services; or (iii) rental to ro:lmcrn ·;)r boarders, that is. r.:ntal :o or..e or more persons of a portion of a Unit onJy. No lease may be of less than a._11. entire Unit. AJJ.y lease agreement shall be in writing, shall provide that the lease shall be ;ubject i11 all respects: to the provisions hereof. including the age requirements rcfcrcnccc. above. and tc the :ules and regulaticns from time to time promulgated by the Board. and shall provide that the failure by the lessee to comp-ly with the tenns of these documents shall be a defau!t under the lease. A copy of each lease: of a Unit shall be provided to the Board prior to the da:e of the cornmence~w::nt cf the ter..a.,cy :rr:.tler that lease.

(h) Sigll!!, No sigr:: of any kiwJ shall oe dfaplayed lo the public view on the Condominium Property except: (a) on th.e Common Areas, sigm~ regarding and regulating the use of

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the Common J,.reas, provided they are approved by the Board and (b) on the Common Areas and Units, signs advertising the sale and/or rental of Units by the Declttant.

{i) Mtj] Box~.fl .. Centralized locations for mail delivery will be provided and shall be a part of the Common Area. No private indivitlua.i mail boxes shall be installed or pcnnitted.

(j) Reufacements . .A..ny building erected to replace an existjng building shall be of new constmction and be of compar-abie size, design and construction to that replaced. Except as specifically otherwise provided herein, there shall not be Co!lsbucted or maintained on any portion of the Common Areas not presently devoted to residential buildings anything other than facilities for the common use of a11 Units) or !he Additional Buiidings, Units or improvements defined herein.

(k) Stmctural htc,;rit}\ Nothing shali be done in any Unit, or in, on. or to the Common Areas~ which will impai~ o~ c!:'lange the structural integrity of any improvement.

(1) Building or; Easements. Within the casements for the instaUation and maintenance of utilities ar.d. drabage facJities no structure, planting or other material ( except such as exist at the time of this Declaration) shall be pJaced or permitted to remain which may damage or interfere with the installation and rna·jntenance of utllity lines er which may change the direction of the flow of drainage channels in tho casements or which may obstruct or retard the flow of water through drainage chan."'1.els in the easement areas. The utility facilities within the easement areas shall be subject to the right of the Association to maintain the same~ and its right to delegale thal. right to a public authority or utility.

(rn) Animals. Except as hereinafter provided, no animals, livestock or poultry of any kind shall be raised. bred or kept i:n an.y Unit or on the Common Arc.as. Not\vithstanding the foregoing, one household domestic pet, not b:cd or maintain~,d for commercial purposes, may he maintained in a Unit, provided that: (i) no dogs or other domestic pets shall be permitted in any portion of the Commo!l Areas except on a leash maintained by a rcsponsibJc person; (ii) the permitting of animals on the Cot:r..::non Area!:l shall be subject to such rules and regulations as the Board may from time to time agree upct\ wl-lich may include limitations as to the size and number of pets and may include the right to fine Owners OT Occupmts who do nol clean up after their pets; and (iii) the right of a Ur.it Owner :lr 0:::cup&...,t to maintain an animal in a Unit shall be subject lo termination if the Beard reasonably dc~ermines that maintenance of the animal consl.itutes a nrnsance.

(n) C:lnvcyanccs. Er:,;ch Unit shall be conveyed as a separately designated and legally described freehold estate subject to the rcrl!l=J, co.iditions and provisicns hereof. The undivided inleresl ofJ. U1it in the Common Are~s sh.all be deemed to be conveyed or encumbered with the U11it even ~houg!:t that ir.1.erest 1s not :xpress;y rne-1:~:cned or de~cribed in the deed, mortgage or ot!ter imturr.ent of conveyan.ce or c!lcuxbrn.nce. The right of a Unit Owner to sen, transfirr or ot;1erwise convey that Owner's Unit is not sabject to any right of first refusal or similar restriction, a.."ld any Unit Owner may trar.sfe:- that (h-.1r.e~1s Unit free of any such limitation other than the age limitations set forth herei:i:l. To enable the Associ~tion to maintain accurate records of the names and addrcrscs of Unit Owners1 each Unit 0wn:r agree~ to notify the Board. in writing, within five days after an interest in that Unit Ovmers Unit has been transferred to another person. ln addition, ef.ch Unit Owner ag.ees to prnvide to a purd1a.ser of that Owner's Unit a copy of the Condcminium crganizaticnal document::: ar,.d a!l cffoctivc mles and regulaticns.

( o) Architectural Central. No buildiT?g, fer.ce, wall, sign or other structure, other than the proposed Additional Buildings. Units and/or icprove:mer;.t:; referenced herein, shall be commenced. erected or maintained upoa the Condominjum Pmperty, or any part thereof, nor shall any exterior s.ddition to or change or ai.ter&tion therein b:::: made, until the plans and specifications showing the nat.1re, kind, shape, height, materials. color and location of the same shall have been

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submitted to and approved in writing as to harmony ofextemcl design, color and location in relation to surrounding structures and topogrnphy by the Beard or its designated rep!'esentative. In the event the Board or its designated representative fails to approve or disapprove such plans and specifications within thirty (30) days afteT they have been s;;omittcd to them. approval will not be required and foese pmvi~ion.s wi!l b~ deemed to have been tu.Hy satisfied. Notwithstanding the above, architectural control approval sl:.all not be re~airc:i for Declarai,t to complete any of the proposed Additional Buildings. Units ar1.d improvements on the U:::1developed Common Area.

(p) Discrimjn{l;li9.D .. No action shall at any time be taken by the Association or its Board which in any manner would discriminate against any Unit Owner in favor of another.

( q) Association Rules ar..d Reeulations. The Association may, by properly enacled rules and regulations. make reasomilile rules and regulations concerning the occupancy of Units in the Condominium and use oftnc Common Areas and facllilies.

(r} Rubbish anci: !leb:is. No clothes, shoets, bfank.els, laundry of any kind or other articles shall be hung out or expc:sed on e.:ny part of the ConL111.on Areas. The Common Areas and Limited Common Areas shaJl be kept free and clear of mbbish, debris an.d other unsightJy materials. A!:. a part of the common assessments and respo.::i.sihilities, rubbish and trash wiU be collected from. each Unit 011 a weekly basis. Dc~h?.iar.t rcser/f;S the right to establish central ru.bbish and/or trash collection locations for :~movcl of the s2me from the Common Areas.

(s) Arbitration.. In the event cf any dispute between Unit Owners as to the application of these restrictjons or any ru]e or regulation to any pa."1i:::ular circumstance the party claimed to be aggrieved shall submi! a corr:ylairrt iu writing to the Board specifying the dispute. The Board shall set a time, date 2.nd place for a hearing thereon within thirty (30) days thereafter, and give written notice to each par.y thereof no lcs.s than three (3) days in advance. The Board sha11 thereupon hear such evidence on 6e dispute as the Board dcoms proper a..ttd render a written decision on the matter to each party w~fain thirty (30) days thereafter. No action at law may be instituted by either party to such a disp~te unless arbitration pursuant hereto has first been had.

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EXHIBTTD

DESCR.Ix.J.'.lON OF BUILDINGS AND UNITS

There arc twc: dcsjgns for buildir.gs to be located within the Condominium Development. One design ofbuiJding contains twc Condom1nium Units, ar!d the second design contains four .separate Condominium Units. The!'e will be a separate single or doable car gs.rage for each Unit, together with a common concrete driveway which serves eiich garag:e. Each Unit wil1 have a basement, which will be inc1uded jn the Unit space. The buildings are constructed of wood frame, with brick and aJumin:.1.m-sided extericr. The roofis asphalt shingles.

Presently two BuildiI:.gs. each containi!lg two Units, have been comp]eted on the Condominium Property. Declarant ,vill amend the Declaration u.pon completion of any proposed Additional Building and Unil.s antl will J.dti the same to tlie Condominium at that time.

DESCRWTION Of UNITS

There will be two principal types afUnil..s in the Condominium. Type A Units and Type B Units. Type A Units wiH have a foyer, two bedrooms :::;r a mas~er b:droom and a den> a living room, dining area, kitchen, one and a halfbr.ths and a la.;indry area, and a partial basement Type A Units in a four Unit bu!lc.ing will :iavc a two car garage as Aaa~hed Limiietl Common Area.. Some Units in a two Unit building may have a one car garage as Limited Common Area. Type B Units wiH have a foyer, two bod.rooms or a rr:.astcr b:;:droom wd a den, a living room. dining area, kitchen. one and a half baths. a walk-in close1, a lat!ndry nrea. ant a pa.-tial basement. Most Type B Units win have a one c~ garage as attad!ed Limited Comm:;,n Area.

NOTE: In many instances, the halfba~h located in each Unit may be a combination laundry room and half bath.

There v.rill also be a covered anc. enclosed concrete patio suitable for screening·or window enclosure attache:.l to each Unit, arid a :;;c:nctete drive leading to the garage. both of which will be Limited Common Areas.

The kitchen in all U!1.its is equipped. with a range, mjcrowavc, refrigerator~ dishwasher, and garbage disposal

Currently the four {4) Units which have been completed on the Condominium Property are an Type A Units.

NOTE: At a purchaser's election, a second floor may be added to a Unit. Such an election would have to be made pric:r to commencement of co.r.stru cticn of the Unit. The addition of a finished second flocr to a Unit ,vould add ~-,proximately 482 sqmi.!'~ foet to a Type A Unit and would add approximately 354 square feet to~ Type B Unit. Further. Dcclarant reserves the right to make changes in the floor plan of future Units adckd to the Cor:.don.bium provided tho same are in compliance with the requiremen1s of the Dcc~ar-a.tio-:i and Ohio law. Such an e]ection to add square footage to a Unjt or a decision of the Decla.~e..""lt to modify a Unit floor plan, would result in a corresponding adjustr.lont in the pcn::entages of 1nte~est held by foe Units in the Condominium Common Arca. Su~h adjustments wi:1 be evidenced by Declarji;.1t's Amendment to Declaration as referenced in Article XVIl hereof.

EXPANDA31,,E CONDOMINIIJM

This Condominium is an expimdable conacmi.:1hnn. Th£: maximum number of Units which may be constructed upon Condominii.~m Prop~ty and brought into the Condominium is 24.

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EXHIBIT E SITE PLAN

\.1.,LAGE COMMONS CONDOMINIUM

LOCATED IN THE NORTHWF.ST QUARTER OF SEC::'IO~ 9, W-.E TOWNSHIP, STARK COUN'JY, OHIO

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Th• ll.1ti:::l'I "'"r .. acl •niPaB ru,:,,·a.1n'lt: t.hil l:hnit.a of t.ne l~dl»iual '-IOU•. Unit~ •n1 d11• ~gnated by buJ J1Hng nuab.,- 1 uroit n1.1:mb•r• t;yp11 af unit A e.- El c1~1---A .,..,nl' Bui ldin;i !. • !Jrl:tt i and •-v;:,i, A tll:lar ;11 an I.

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BUILDING NO. l

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KJILDING NO. 1

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BUILDJNG t-:0. 6

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VILLAGE COMMONS CO . iNDOMit:TIIM

BUH.DING NO. 6

FLOOR PLAN

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BUILDING NO. 6

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EXHlBITF

ESTIMATED PERCENT AGE OF OY{NERSHTP OF CQM:MON AREA,Ue.,ON COM?LETJ.QN OF ALL

?.,RO POSED ADDITIONAL UNITS

If ~l of the p!oposed Addition.al Units arc cc-r.iplctc:\ without modification as to size, Declarant 1;:stim;.des that the percentage of interest in the Common ATea \.Yhich wm be appurtenant to e~h ofll:.e Units will be as follows:

Percentage Interest

Unit fuiuare. Foot~,:: in C_qumion Area

1-1-A 119'.'- 4.2816% 1-2-A 1192. 4.0517% 2-3-A 1192 4.2816% 24MB 1128 4.0517% 2-5-A 1192 4.2816% 2-6-B 1128 4.0517% 3-7-A ··1192 4.2816% 3-8-B 1128 4.0517% 3-9-A 1192 4.2816% 3-10--B 1128 4.0517% 4-11-A 1192 4.2816% 4-12-B 1128 4.0517% 4-13-A 1192 4.2816% 4-14-B 1128 4.0517% 5-15-A 1192 4.2816% 5-16-B 1128 4.0517% 5-l'l-A 1192 4.2816% 5-18-B 1128 4.0517% 6-19-A 1192 4.2816% 6-20--A 1192. 4.0517% 7-21-A 119'2 4.2816% 7-22-B 1128 4.0517% 7-23-A 1192 4.2816% 7-24-B l 12~ 4.0521¾,

27,968 100%

Please nole thal afler all 24 Units are cornp'.eted. there will be a total of approximately 27,968 square feet of Unit ~-pace iu the Condominium. This mnaber is subject to change based upon purchaser elections to 2cid a finishec. se~omi floor to a Unit or as a result of Declar~.nt modification to the floor plan of a Unit. With each amendment E.dding a Unit to the Condominium, a revised and accurale listing ofUnil Owner percentages will be incbdecl

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PJease note that after all 24 Units aie completed, there wiH be a total of approximately 27,968 square feet of Unit space in the Condominiu..-n. This number is s1..bject to change based upon purchaser- eJedi::ms to add a finis¾etl second floor to a Unit er as a result ofDcclarant modification to the floor plan of a Uni:. With each a.mer:idment adding a Udt to the Conrlominiwn, a revised and accurate Jisting of Unit Owner pc::-centages will be included.

scanned trom. OrH~tnu\

-34~

EXHI:9JTG

EASEMEJ\TTS. RTGHT_S_ OF WAY. LEASES AND MORTGAGES OF RECORD

1. Oil and Gas Lease to Bcldzn & Blake Oil Production recorded in Volume 114. Page 189 of the Stark County Records.

2. Consolidation of Oil and Gas Lr-,ases recorded in Volume 122. Page 323 of Stark County Rcco!ds.

3. Easement to East Ohio Gas Company recorded in Volume 2657, Page 320 of Stark County Records.

\\DMSA~T\USl3RS\brtis\ Y oder\Villa,ge condo.doc\6/9/97\bk

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