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this document is OCR from the Declaration Of Trust Original Document from Hampshire County Registry of deeds

original text version of OCR document



DECLARATION OF TRUST OF

JEFFREY AMHERST MANOR CONDOMINIUM

TRUST AND BY-LAWS



DECLARATION OF TRUST made this 7th day of

February, 1981. by MILES A. SEAVER.(the "Trustee"). (which

term and any pronoun referring thereto shall be deemed to include his

successors in trust hereunder and to mean the Trustee or the Trustees

of the time being hereunder wherever the context so permits). The

business address of said Trustee is as follows:

61 Hillcrest Place

Amherst, Massachusetts 01002



ARTICLE I Name of Trust



The Trust hereby created shall be known as

JEFFREY AMHERST MANOR CONDOMINIUM TRUST (the "Trust" .

Under that name. so far as legal, convenient. and practicable. all

business shall be

conducted by the Trustee and all instruments in

writing shall be executed by the Trustee.



ARTICLE II The Trust Purposes



Section 2.1. Unit Owners' organization

All of the rights and powers in and with respect

to the common areas and facilities (the "Common Areas and

Facilities") of JEFFREY AMHERST

MANOR CONDOMINIUM (the "Condominium")

established by a Master

Deed recorded herewith (the "Master Deed")

with the Hampshire

County Registry of Deeds (the "Registry of

Deeds") which are by

virtue of the Massachusetts General Laws.

Chapter 183A. as amended . ("Chapter 183A"). conferred upon

or exercisable by the organization of the Unit Owners of said

Condominium, and all property.

real end personal. tangible and intangible.

conveyed to the Trustee hereunder shelf vest in the Trustee in trust

to exercise manage, administer and dispose of the same, and to

receive the income thereof (a) for the benefit of the owners of

record from time to time of the Units of the Condominium in the

Common Areas and Facilities according to the schedule of undivided

beneficial interest set forth in Article IV hereof (the "beneficial

interest"). and (b) in accordance with the provisions of Section

10 of Chapter 183A for the purposes therein set forth.

This Trust is the organization of Unit Owners

established

pursuant to the provisions of Chapter 183A for

the purposes therein set forth.



Section 2.2. Not a Partnership

It is hereby declared that a trust and not a

partners p as been created and that the Unit Owners are

beneficiaries. and not partners or associates nor in any other

relation whatever between themselves with respect to the Trust

property. and hold no relation to the Trustee other than of

beneficiaries. with only such rights as are conferred upon them as

such beneficiaries hereunder and under and pursuant to the provisions

of chapter 183A.



ARTICLE III M



Section 3.1. Number.

After the Operating Event as hereinafter

described. there shall at all times be Trustees, consisting of such

number. not less than three (3), nor more than five (5). as shall be

determined by vote of more than fifty (50) per cent of the beneficial

interest hereunder, except that there shall always be an odd number

of Trustees. Until JEFFREY AMHERST MANOR, INC.. the creator of the

Condominium. and its successors or assigns (the "Sponsor“)

owns less than nine (9) Units of the Condominium. or until four (4)

years from the date hereof, whichever occurs first (the "Operating

Event"). there shall be not more than one (1) Trustee and such

Trustee shall be designated, appointed, and/or elected by the

Sponsor.

Within sixty (60) days after the occurrence of

the Operating Event. the Trustee than in office shall tender his or

her resignation and his or her office shall be deemed vacant so as to

permit such vacancy to be filled in the manner hereinafter provided.

In the event that said resignation is not tendered pursuant to the

preceding sentence. then said office shall automatically be deemed

vacant on the seventy-fifth (75th) day after

the Operating Event, and such vacancy shall be

filled in the manner hereinafter provided.



Section 3.2. Term.

The term of each Trustee shall be for one (1)

year from the annual meeting of Unit Owners (or special meeting in

lieu thereof) at which the Trustee was appointed and shall end at the

annual meeting (or special meeting in lieu thereof) at which time

Trustee s successor is due to be appointed except that the term of

any Trustee appointed to fill a vacancy in an unexpired term shall

end when his or her predecessor‘s term would. but for the vacancy.

have ended.

The term of the original Trustee shall end as

follows: at the end of four (a) years from the date hereof. or until

successors are elected pursuant to the term hereof.



Section 3.3. Vacancies; Appointment and

Acceptance of Trustees.

If and whenever any trustee's term expires or

for any other reason. including without limitation, removal,

resignation or death of a Trustee. the number of Trustees shall

be less than the number established under

Section 3.1, a vacancy or vacancies shall be deemed to exist.

Such vacancy shall be filled by (a) an

appointment of a natural person to act as such Trustee (i) by an

instrument signed by the Sponsor, or (ii) if after the Operating

Event. by vote of Unit Owners holding more than 501 of the bane

benificial interest hereunder. or (iii . if, after the Operating

Event, Unit Owners holding such percentage have not within thirty

(30) days after the occurrence of such vacancy made such a

appointment. y

a majority of the then remaining Trustee(s§, or

by the remaining Trustee or Trustees, it only one (at any time), and

(b) the acceptance of such appointment, signed and acknowledged by

the person so appointed.

Such appointment shall become effective upon the

filing with the Registry of Deeds of a certificate of such

appointment signed (1) by the Sponsor. or (2) if, after the Operating

Event; by majority of the then remaining Trustee(s). or by the sole

remaining Trustee. if only one, setting forth the fact and basis of

compliance with the provisions of this Section 3.1. together

with such acceptance; and such person shall then

be and become ‘such Trustee and be vested with the title of the

trust property jointly with the remaining or surviving Trustee or

Trustees without the necessity of any act of transfer or conveyance.

If there shall be no remaining Trustee and a

vacancy in the office of Trustee shall continue for more than sixty

(60) days and shall at the end of that time remain unfilled, a

Trustee or Trustees to fill such vacancy or vacancies may be

appointed by any court of competent jurisdiction upon the application

of any Unit Owner and notice to any Unit Owners and to such other, if

any, parties in interest to whom the court may direct that notice be

given.

The foregoing provisions of this Section

notwithstanding despite any vacancy in the office of Trustee, however

caused and for whatever duration. the remaining or surviving

Trustee(s) shall continue to exercise and discharge all of the

powers,

discretions and duties hereby conferrer or

imposed upon the Trustees.



Section 3.4. Trustee Action.

In any matter relating to the administration of

the trust hereunder and the exercise of the powers hereby conferred,

the Trustees shall act by majority vote at any duly called meeting at

which a quorum as defined in Section 5. .1, is present. The Trustees

may act without a meeting in any case by unanimous written consent

and in cases requiring, in their sole judgment, response to an

emergency by majority written consent.

Notwithstanding the preceding language. any

instrument signed by a majority of those Trustees appearing from the

records of the Registry of Deeds to be such. shall be conclusive

evidence in favor of every person relying thereon or claiming

thereunder. that at the time of delivery thereof, the execution and

delivery of that instrument was duly authorized by all Trustees: and

any instrument signed by any one or more Trustees which contains or

is accompanied by a certification that such Trustee or Trustees were,

by appropriate vote of the Trustees, authorized to execute and

deliver the same, shall in like manner be conclusive evid-

ence in favor of every person relying thereon or

claiming thereunder.



Section 3.5. Resignation; Removal.

Any Trustee may resign at any time by instrument

n in writing t ng signed and duly acknowledged by that Trustee.

Resignations shall take effect upon the recording of such instrument

with the Registry of Deeds.Subject to the rights of Sponsor to

designate Trustees of its

own choice. any Trustee may be removed with or

without cause by vote of Unit Owners entitled to more than fifty per

cent (50%)

of the beneficial interest hereunder. The

vacancy resulting from such removal shall be filled in the manner

provided in Section 3. . Any removal shall become effective upon the

recording with the

Re registry of Deeds of a certificate or removal

signed by a maj-

or ty of the remaining Trustees in office, or by

three Unit Owners. who certify under oath that Unit Owners holding

more than fifty per cent (50.) of the beneficial interest hereunder

er have voted such removal. By instrument recorded with the Registry

of Deeds. the Sponsor may remove, with or without cause. any Trustee

it is entitled to designate and appoint a successor Trustee as

provided in the second paragraph of Section 3.3.



Section 3.6. Bond or Surety.

No Trustee, whether an original, substitute. or

successor trustee. shall be obliged to give any bond or surety or

other security for the performance of any of his or her duties

hereunder, provided, however, that the Sponsor prior to the Operating

Event or thereafter. that Unit Owners entitled to more than fifty per

cent (50%) of the beneficial interest of this Trust may at any time

by instrument in writing signed by them and delivered to the Trustee

or Trustees affected require that any one or more of the Trustees

shall give bond in such amount and with such sureties as shall be

specified in such instrument. All expenses incident to any such bond

shall be charged as a common expense of the Condominium.



Section 3.7. Compensation of Trustees.

With the approval of a majority trustees, each

Trustee may receive such reasonable remuneration for his services and

also additional reasonable remuneration for extraordinary or unusual

services. legal or otherwise. rendered by him or her in connection

with the trust hereof, all as shall be from time to time fixed and

determined by the Trustee(s). and such remuneration shall be a common

expense of the Condominium. No compensation to Trustee(s) may be

voted by the Trustee(s) with respect to the period before the

Operating Event. ‘



Section 3.8. No Personal Liability.

No Trustee shall under any circumstances or n

any event e held liable or account able out of his personal assets or

be deprived of compensation. if any, by reason of any action taken,

suffered or omitted in good fair or be so liable, accountable or

deprived by reason of honest errors of judgment or mistakes of fact

or law or by reason of the existence of any personal or adverse

interest or by reason of anything except his own personal and willful

malfeasance and defaults.



Section 3.9. Trustees May Deal

With Condominium.

No Trustee shall be disqualified by His office

from contracting or dealing with the Trustee(s) or with one or more

Unit Owners (whether directly or indirectly because of his interest

individually or the Trustees' interest or any Unit Owner‘s interest

in any corporation. firm. trust or other organization connected with

such contracting or dealing or because 0 any other reason). as

Vendor. purchaser or otherwise, nor shall any such dealing. contract

or arrangement entered into in respect to this Trust in which any

Trustee shall be interested in any we be avoided nor shall any

Trustee so dealing or contracting or sing so interested be liable to

account for any profit realized by such dealing. contract or

arrangement by reason of such Trustee's holding office A? the

fiduciary relation hereby established. provided the Trustee shall act

in good faith and shall disclose the nature of

his interest before entering into the dealing.

contract or arrangement I: .



Section 3.10. Indemnity of Trustees.

The Trustee(s) and each of them shall he sat t c

to n emn ty oth out of the Trust Property end by the Unit Owners

against any liability incurred

y them or any of them in the execution hereof.

including without limiting the generality of the foregoing,

liabilities in contract and in tort and liabilities for damages,

penalties and fines. all as provided in Chapter 183A. and, acting y

majority, may purchase such insurance against such liability ity as

they shall determine is reasonable and necessary, the cost of such

insurance to be a common ex ones of the Condominium. Each Unit Owner

shall be personally lie liable for all sums lawfully assessed for his

share of the common expenses of the Condominium and for his

proportionate share of any claims involving the Trust property in

excess thereof, all as provided in Sections 6 and 13 of Chapter 183A.

Nothing in this paragraph shall be deemed to limit in any respect the

powers granted to the Trustees in this Declaration of Trust.





ARTICLE IV Beneficiaries and the Beneficial

Interest in the Trust



Section 4.1. Beneficial Interest.

The beneficiaries of this Trust shall be the

owners 01 Units in the Condominium as they may be from time to time.

The beneficial interest in this Trust shall be divided among the Unit

Owners in the percentage of undivided beneficial interest

appertaining to the Units of the Condominium as set forth in Exhibit

"A" annexed hereto and incorporated herein.



Section 4.2. Each Unit to Vote by One Person.

The beneficial interest 0 cos n t o t e on om n

um shall be held and exercised as a Unit and shall not be divided

among several owners of any such Unit. To that and, whenever any Unit

is owned of record by more than one person. the several Owners of

such Unit shall (a) determine and designate nate which one of such

owners shall be authorized and entitled ed to cast votes, execute

instruments and otherwise exercise the rights appertaining to such

Unit hereunder. and (b) notify the Trustees of such designation by a

notice in writing signed by all of the record owners of such Unit.

Any such designation shall take effect upon receipt by the Trustees

and may be changed at an time and from time to time by notice as

aforesaid. In the a abscence of any such notice of designation. the

Trustees may designate any one such owner for such purposes.



ARTICLE V By-Laws

The provisions of this Article V shall

constitute the By-Laws of this Trust the "By-Laws") and the

organization of Unit Owners established hereby:



Section 5.1 Powers of the Trustees.

The Trustee(s) shall have all powers and duties

necessary for the administration of the offices of the Condominium

and may do all things subject to and in accordance with all

applicable provisions

of said Che chapter 183A and the Master Deed,

and, without limiting the general generality of the foregoing the

Trustee(s) may, with full power: and uncontrolled discretion. at any

time and from time to time without the necessity of obtaining any

approval or license of

any court for leave to do so:



(i) to retain the

Trust property. or any part or parts thereof, in the same form or

forms of investment in which received or acquired by them so far and

so long as they shall think fit, without liability for any loss

resulting therefrom;



(ii) to sell.

assign. convey. transfer. exchange and otherwise deal with or dispose

of the Trust property. free and discharge of any and all trusts. at

public or private sale, to any person or persons for cash or on

credit, and in such manner and on such restrictions. stipulations.

agreements and reservations as they shall deem proper, including the

power to take back mortgages to secure the whole or any of the-Trust

property sold or transferred by them, and-execute and deliver any

deed or other instrument in connection with the foregoing;



(iii) to purchase or

otherwise acquire title to. and rent. lease or hire from others for

terms which may extend beyond the termination of this Trust any

property or rights to property. real or personal. and own. manage,

use and hold such property and such rights;



(iv) to borrow or in

any other manner raise such sum or sums of money or other property as

they shall deem advisable in any manner and on any terms, and

evidence the same by notes, bonds. securities or other evidences of

indebtedness. which may mature at a time or times, even beyond the

possible duration of this Trust. and execute and deliver any

mortgage, pledge

or other instrument

to secure any such borrowing;



(v) to enter into

any arrangement for the use or occupation of the Trust property, or

any part or parts thereof, including. without thereby limiting the

generality of the foregoing, leases, subleases, easement. licenses or

concessions, upon such terms and conditions and with such

stipulations and agreements as they shall deem desirable. even if the

same extend beyond the possible duration of this Trust;



(vi) to invest and

reinvest the Trust property. or any part or parts thereof. and from

time to time. as often as they shall see fit. change investments,

including investment in all types of securities and other property.

of whatsoever nature and however denominated, all to such extent as

to them shall seem proper. and without liability for loss even though

such property or such investments shall be of a character or in an

amount not customarily considered proper for the investment of trust

funds or which does or may not produce income;



(vii) to incur such

liabilities. obligations and expenses and pay from the principal or

the income of t e Trust property in their hands all such sums as they

shall deem necessary or proper for the furtherance of the purposes of

this Trust



(viii) to determine

whether receipt by them constitutes principal or income or surplus

and allocate between principal and income and designate as capital or

surplus any of the funds of the Trust;



(ix) to vote in such

manner as they shall think fit any or all shares in any corporation

or trust which shall be held as Trust property. and for that purpose

give proxies to any person, persons or to one or more of their n er.

vote. waive any notice or otherwise act in respect of any such

shares;



(x) to deposit any

funds of the Trust in an bank or trust company. and delegate to any

one or more of t their number or to any ot or person or persons. the

power to deposit. withdraw and draw checks on any funds of the Trust;



(xi) to maintain

such offices and other places of business as they shall deem

necessary or proper and engage in business in Massachusetts or

elsewhere;



(xii) to employ.

appoint and remove such agents. managers. officers. brokers. en

engineers, architects. employees. servants, assistants and counsel

(which counsel may be a firm of which one or more of the Trustees are

members) as they shall deem proper for the purchase. sale or

management of the Trust property. or any part or parts thereof. or

for conducting the business of the Trust, and may define their

respective duties and fix and pay their compensation. and the

Trustee(s) shall not be answerable for the acts and defaults of any

such person. The Trustees may delegate to any such agent. manager.

officer, board. broker. engineer, architect. employee. servant.

assistant or counsel any or all of their powers (including

discretionary powers, except that the owner to join in amending,

altering, adding to. terminating or cancling ing this Declaration of

Trust and the trust hereby created shall not be delegated) all for

such times and purposes as they shall deem proper. Without hereby

limiting the generality of the foregoing, the Trustees may designate

from their number a chairman. a Treasurer, a Secretary, and such

other officers as they deem fit. and may from time to time designate

one or more of their own number to be the Managing Trustee or

Managing Trustees for the management and administration of the Trust

property and the business of the Trust. or any part or parts t ereo 5

.



(xiii) to improve

any property owned by the Trust;



(xiv) to manage.

maintain. repair. restore and improve common areas and facilities.

and when they shall deem necessary. the Un to;



(xv) to determine

the common expenses required for the affairs of the Condominium;



(xvi) to collect the

common expenses from the Unit Owners;



(xvii) to adopt and

amend rules and regulations covering the details of the operation and

use of the common areas and facilities;



(xviii) to obtain

insurance covering the Condominium (including the common areas and

facilities and the Units);



(xix) to enforce

obligations of the Unit Owners and "" have the power to

levy fines against the Unit Owners for violations of reasonable rules

and re regulations established by the Trustees to govern the conduct

0 the Unit Owners. No fine may be levied for more than $10.00 for any

one violation. but for each day a violation continues after notice,

it shall be con— sidered a separate violation. Collection of fines

may be enforced against the Unit Owner or Unit Owners involved as if

the fines were common charges owed by the particular Unit Owner or

Unit Owners. In the case of persistent violation of the rules en

regulations by a Unit Owner, the Trustees shall have the power to

require such Unit Owner to post a bond to secure adherence to the

rules and regulations;



(xx) generally. in

all matters not herein otherwise specified, control and do each and

every thing necessary, suitable. convenient, or proper for the

accomplishment of any of the purposes of the Trust or incidental to

the powers herein or in said Chapter 183A. manage and dispose of the

Trust property as if the Trustees were the absolute owners thereof

and to do any and all acts. including the execution of any

instruments, which by their performance thereof shall be shown to be

in their judgment for the best interest of the Unit Owners.



Section 5.2 Maintenance and Repair

of Units.

The Unit Owners shall be responsible for the

proper maintenance and repair of their res respective Units and the

maintenance. repair and replacement of utility ty fixtures therein

serving¥ the same, including, without limitation. interior finish

walls s, ceilings. and floors; windows, and interior window trim;

doors; door frames and interior door trim; plumbing and sanitary

waste fixtures and fixtures for water and other utilities: electrical

fixtures and outlets; and all wires, pi as. drains and conduits for

water, sewerage, electric power and 11 t, telephone and any other

utility services which are contains in and serve such Unit. If the

Trustees shall at any time in their reasonable judgment determine

that the interior of any Unit is in such need of maintenance or

repair that the market value of one or more other Units is being

substantially and adversely affected or that the condition of a Unit

or fixture furnishings, facility or equipment therein is hazardous to

any Unit or the occupants thereof. the Trustees shell in writing

request the Unit Owner to perform the needed maintenance. repair or

replacement or to correct the hazardous condition. and in case such

work shall not have been commenced within fifteen (15) days (or such

reasonable shorter period in case of emergency as the Trustees shall

determine) of such request and thereafter diligently brought to

completion. the Trustees shall be entitled to have the work performed

for the account of such Unit Owner and to enter upon and have access

to such Unit for that purpose. The reasonable cost of such work shall

constitute a lein u on such Unit and the Unit Owner shall be

personally liable t therefor.

Repair of uninsured casualty loss or damage to

units caused by events in or condition of common areas and facilities

may. in the Trustee’s sole discretion. but

need not be, paid from cannon funds.



Section 5.3. Maintenance Repair

and Replacement of Common Areas and Facilities- Assessment of Common

Ex expenses Therefor.

The Trustees shall he responsible for the proper

maintenance

repair and replacement of the common areas and

facilities of the Condominium. which may be done through the managing

agent. as hereinafter provided, and any two Trustees or the managing

agent or any ot are who may be so designated by the Trustees ma

approve payment of vouchers for such work. The expenses of such

maintenance. repair and replacement shall be assessed to the Unit

Owners as common expenses of the Condominium at such times and in

such amounts as provided in Section 5.4.



Section 5.4. Common Expense Funds.



Section 5.4.1. Reserve Funds.

The Unit Owners shall be liable for common

expenses and. subject to the Trustee's judgment as to reserve and

contingent liability funds stated below. shall be entitled to surplus

accumulations (common profits) if any. of the Condominium in

proportion to their beneficial interest in the Trust. The Trustees

may from time to time distribute surplus accumulations. if any, among

the Unit Owners in such proportions. The Trustees may. to the extent

they deem advisable, set aside common funds for reserve or contingent

liabilities, and may use the funds so set aside for reduction of

indebtedness or at er lawful capital purpose, or. subject to the

provisions of the following Sections 5.4.2 and S.é.3. for repair.

rebuilding or restoration of the Trust property or for the

improvements thereto. and the funds so set aside shall not be deemed

to be common profits available for distribution.



Section 5.4.2. Estimates of Common Expenses

and Assessments.

At least thirty (30) days prior to the

commencement of each fiscal year of this Trust. the Trustee(s) shall

estimate the common expenses expected to be incurred during the next

fiscal yea together with a reasonable provision for contingencies and

reserves. and after taking into account any undistributed surplus

accumulations from prior years. shall determine the assessment to be

made for the next fiscal year. The Trustees shall promptly render

statements to the Unit Owners for their respective shares of such

assessment, according to their beneficial interest in the common

areas and facilities and such statements shall, unless otherwise

provided therein, be due and payable within thirty (30) days'after

the same are rendered. In the event an annual assessment is not made

as above required. an assessment shall be presumed to have been made

in the amount of the last prior assessment

In the event that the Trustee(e) shall determine

during any fiscal year that the assessment so made is less than the

common expenses actually incurred, or in the reasonable opinion of

the Trustee(s) likely to be incurred. the Trustee(s) shall make a

supplemental assessment or assessments and render statements therefor

in the manner aforesaid, and such statements shall be payable and

take effect as aforesaid. The Trustees may in their discretion

provide for payments of statements in monthly or other installments.

The amount of each such statement shall e a personal liability of

each Unit Owner (jointly and severally among the owners of each

Unit). and, if not paid when due, or upon the expiration of such

grace period as the Trustees may (but need not) designate, shall

carry a late charge in such amount or at such rate (which amount or

rate need not be in proportion to the beneficial interest in this

Trust) as the Trustees shall determine and. together with any such

late amount or charge and attorneys' fees for collection as

hereinafter provided, shall constitute a lien on the Unit pursuant to

the provisions of Section 6 of Chapter 183A. Each Unit Owner by

acceptance of a Unit Deed. agrees to pay all costs and expenses.

including reasonable attorneys‘ fees. incurred by the Trustees in

collection of said assessments for common expenses and enforcement of

said lien.

n9-Section 5.4.3 Ag plication of Common

funds"$ie'iiusé323 shall expend common fun a on y or t e

purposes permitted by this Trust and by Chapter 183A.”"



Section 5.4.4. Notice of Default to

Mortgagees.

Upon written request addressed to the Trustee(s)

by first mortgagee of any Unit, the Trustee(s) shall notify such

mortgagee of any default by the mortgagor of such Unit in the

performance of the

mortgagor‘a obligations under the Master Deed

and this Declaration of Trust.



Section 5.5. Rebuilding and Restoration

Improvements.



Section 5.5.1. Determination of Scope of

Loss.

In the event of any casualty loss to the Trust

property, the Trustee(s) shall determine in their reasonable

discretion whether or not such loss exceeds ten percent (10%) of the

value of the Condominium immediately pr or to the casualty. and shall

notify all Unit Owners of such determination. If such loss as so

determined does not exceed ten per cent of such value. the Trustee(s)

shall proceed with the necessary repairs. rebuilding or restoration

in the manner provided in paragraph (a) of Section 17 of Chapter

183A. If such loss as so determined exceeds ten per cent of such

value. the Trustee(s) shall forthwith submit to all Unit Owners (a) a

form of a agreement (which may be in several counterparts) among the

Unit owners authorizing the Trustee(s) to proceed with the necessary

repair, rebuilding or restoration. and (b) a copy of the provisions

of Section 17: and the Trustee(s) shall thereafter proceed in

accordance with, and take such further action as they may in their

discretion deem advisable in

order to implement the provisions of paragraph

(b) of said Section 17.



Section 5.5.2. Submission to Unit Owners of

proposed improvements.

If and whenever the Trustees she propose to make

any Improvement to the common areas and facilities of the

Condominium, or shall be requested in writing by the Unit Owners

holding twenty-five per cent or more of the beneficial interest in

this Trust to make any such improvement. the Trustee(s) shall submit

to all unit Owners (a) a form of agreement (which may be in several

counterparts) specifying the improvement or improvement proposed to

be made and the estimated cost thereof, and authorizing the

Trustee(s) to proceed to make the same, and (b) a copy of the

provisions of Section 18 of Chapter 183A. Upon the receipt by the

Trustee(s) of such agreement signed b the Unit Owners holding

seventy-five percent or more 0 the beneficial interest or the

expiration of ninety days after such agreement was first submitted to

the Unit Owners. whichever shall first occur, the Trustee(s) shall

notify all Unit Owners of the aggregate percents of beneficial

interest hold by Unit Owners who have then signed such agreement. If

such percentage exceeds seventy-five percent the Trustees shall

proceed to make the improvement or improvements specified in such

agreement and, in accordance with Section 18 of Chapter 183A, shall

charge the cost of improvement to all the Unit Owners. The agreement

so circulated may also provide for separate agreement by the Unit

Owners that if more than fifty percent. but less than seventy-five

percent of the beneficial interest so consent, the Trustee(s) shall

proceed to

make such 1 improvement or improvements and

shell charge the same to the Unit owners so consenting.



Section 5.5.3. Arbitration of disputed

Trustee Action.

(Notwithstanding anything In Sections 5.3.; and

5.5.) (a) In the event that any Unit Owner(s) by written notice to

the Trustee(s) shall dissent from any determination of the Trustee(s)

with respect to the value of the Condominium or any other

determination or action of the Trustee(s) under this Section 5.5. and

days after such notice then either the

Trustee(s) or the dissenting Unit Owner(s)

shall submit the matter to arbitration. For that

purpose, one arbitrator shall be designated by the Trustee(s). one by

the dissenting Unit Owner(s) and a third by the two arbitrators so

designated. Such arbitration shall be conducted in see* with the

rules and procedures of the American Arbitration Association and

shall be binding upon all parties. The Trustees's decision that work

constitutes a repair, rebuilding or restoration other than an

improvement shall be conclusive unless shown to have been - made in

bad faith. The Trustee(s) shall in no event be obliged to proceed

with any repair, rebuilding or restoration or any improvement, unless

and until they have received funds in an amount equal to the

Trustees' estimate of all costs thereof.

Section 5.6 Adminiatracive Rules and Regulations.

The trustee(s) may from time to time adopt, amend, rescind admninistrative rules and regulations governing the operation and use of the common areas and facilities, and such restrictions on and requirements respecting the use and maintenance of the Units and the use of the common areas and facilities as are consistent with the master deed and are designatd to prevent unreasonable interference with the use by the unit owers of their units and of the common areas and facilities. . Trustee does hereby adopt the initial Rules and Regulations annexed to this Declaration of Trust. The Trustee(a) may enforce the Rules and Regulations by imposition of fines previously established or in any other manner permitted by law. including without limitation by court action for injunctive relief and damages.

Section 5.7. Managing Agent.

The Trustee(s) may. at their discretion. appoint

a manager or managing agent to administer the management and

operation of the Condominium. including the |incurring of expenses.

and making of disbursements and the ‘keeping of accounts, as the

Trustee(s) shall from time to time -determine. The Trustee(s) or such

manager or managing agent may appoint. employ and remove such

additional agents, attorneys.

accountants or employees as the Trustee(s) shall

determine.



Section 5.8. Insurance.



Section 5.8.1

The Trustee(s) shall obtain and maintain, [to

the extent available at reasonable cost. master policies of casualty

and physical damage insurance for the benefit and protection of the

Trustee(s), and all of the Unit Owners, naming as the named insureds.

and with loss proceeds payable to the Trustee(s) hereunder. or one or

more of the Trustee(s) hereunder designated by them, as Insurance

Trustee(s) for all of the Unit Owners collectively of the Condominium

and their respective mortgagees, as their interests may appear,

pursuant to such condominium form of insurance as may from time to

time be \customarily used in Massachusetts. such insurance to cover

the ‘buildings and all other insurable improvements forming part of

the common areas and facilities, including all service machinery

apparatus. equipment, and installations in the common areas and

facilities, and including also all such portions and elements of the

Units for which the Unit Owners are responsible, but not including

the furniture. furnishings, or other personal property of the Unit

Owners. Such insurance shall. insofar as practicable, be maintained

in an amount not less than 100% of the replacement value of the

insured property for insurance purposes, as determined by the

Trustee(s) (who shall review such value at least as often as

annually), and shall insure against (a) loss or damage by fire and

other hazards covered by the standard extended ;coverage endorsement,

and (b) such other hazards or risks as the Trustee(s) from time to

time in their discretion shall determine to be appropriate, including

but not limited to vandalism. malicious mischief, windstorm and water

damage, federal flood hazards, so-called, and boiler and machinery e

lesion or damage. Such insurance may have a deductible amount to be

determined from time to time by the Trustee(s).

Section 5.8.2.

All policies of casualty or physical damage insurance shall, insofar as practicable Provide:

(a) that such policies may not be canceled, terminated, or substantially modified as to amount of coverage or risks covered without at least thirty days' written notice to the insureds;

(b) for waiver of subrogation as to any claims (exceptclaims involving arson or fraud against the Trust. the Trustee(s), the manager, agents. employees. the Unit Owners and their respective ‘employees, agents, and guests;

(c) for waivers of any defense

based upon the conduct of any insured;

(d) in substance and effect

that the insurer shall not be entitled to contribution as against any

casualty or property insurance which may be purchased separately by

Unit Owners; and

(e) that such insurance shall not be prejudiced:

(i) by any act or neglect of any owners or occupants of the Units, when

such act or neglect is not within the control of the Trustee(s)(or

Owners) collectively. or

(ii) failure of the Trustee(s) (or

Owners) collectively to co 1y wi 'any warranty or condition with re

regard to any portion of t e .premises over which the Trustee

shall be taken without a meeting. at least three days' written notice

thereof to the Unit Owner responsible for said pet, and the

opportunity at the Trustees' meeting for the Unit Owner responsible

for the pet to be heard.

(10). Storage.

There shall be no parking

of baby carriages or playpens, bicycles, wagons, toys, vehicles benches, or chairs on any part of the Common Elements. All of

the furnishings, items of personal property, effects, and other items

of Unit Owner and persons c aiming by, through or under said Owner

may be kept and stored at the sole risk and hazard of said Owner, and

if the whole or any part thereof shall be destroyed or damaged by

fire, water or otherwise, or by the leaking or bursting of water

pipes. steam pipes, or other pipes. by theft or from other cause, no

part of said loss or damage in excess of the amounts. if any. covered

by its insurance policies. is to be charged to or be borne b the

Condominium Trust, except that the Condominium Trust shall in no

event be exonerated or held harmless from liability caused by its

negligence.

(11). Repair and Condition.

Each Unit Owner shall keep his Unit and the balcony appurtenant thereto. if

applicable. in a good state of preservation and cleanliness, and shall

not sweep or throw or permit to be swept or thrown therefrom. or from the doors or windows thereof, any dirt or other substance.

(12). Equipment Compliance.

All radio. television or other electrical equipment of any Find or

nature installed by Unit Owners or used in each Unit shall fully

comply with all rules. regulations. requirements or recommendations

of the Board of Fire underwriters erwriters. or similar board, and

the public authorities having jurisdiction. and the Unit Owner alone

shall be liable for any damage or injury caused by any radio,

television or other electrical equipment in such Unit.



(13). Flammable Materials etc.

No Unit

Owner or any of his agents. servants. employees, licensees. or

visitors shall. at any time. bring into or keep in his Unit or any

portion of the Common Elements or the Buildings any gasoline.

kerosene or other flammable. combustible or explosive fluid,

material. chemical or substance, except such lighting, cleaning and

other fluids. materials. chemicals and substances as are customarily

incidental to residential use. '



(14) Real Estate Taxes.

For so long as

the Condominium is assessed as s single pro property rather than

separate Condominium Units, Unit Owners will be billed by the

Trustee(s) for their respective portions thereof (each Condominium

Unit's common area percentage. including the common area percentage

applicable to additional parking rights acquired. of the total tax

bill) during each October and April, which bill shall enclose a copy

of the tax bill issued by the Town of Amherst. Each Unit Owner will

forward payment of his percentage interest in the total tax bill to

the Trustee(s) by check made payable to the Town of Amherst no later

than ten (10) days prior to the date on which payment may be made

without incurring a penalty or interest thereon. Late payments b a

Unit Owner must be made payable as directed by the Trustee(s . and

will include interest and penalties as charged by the Town of Amherst

for late payment. to ether with costs 0 collection therefor incurred

by the Trustee(s . including reasonable attorney's fees. If taxes are

collected by holders of mortgages on Condominium Units. each Unit

shall be responsible forugauging the mortgage holders to forward

payment as above rsq re . -

(15).

Amendments hereto may be made by

JEFFREY AHMERST MANOR CONDOMINIUM TRUST in accordance with the

provisions of M.G.L. Ch. 183A. as amended.



JEFFERY AMHERST MANOR CONDOMINIUM TRUST


________________________________

Miles A Seaver , Trustee

Feb. 17, 1981 at 2 o'clock & 22mins. P.M. Rec'd, Ent'd & Exam'd.



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