DECLARATION OF CONDOMINIUM FOR

laurel village condominium

This Declaration is made as of July 15, 2004 by JENMAC CORP. and Neversink Road, Inc., a wholly owned subsidiary of JENMAC CORP., a Pennsylvania corporation duly authorized under the laws of the Commonwealth of Pennsylvania, located at 10 Hearthstone Court, Reading, PA 19606, hereinafter referred to as the "Declarant ".

BACKGROUND

A. Declarant is the owner of the fee simple title to those lands and premises containing approximately 9.520 (Phase area) acres, along East Neversink Road in Exeter Township, Berks County, Pennsylvania, as more fully described in Exhibit "A" attached hereto (the "Property").

B. This Declaration is intended to establish the condominium form of ownership for the Property described in Exhibit "A" consisting of 88 Units, each containing 1.13635% of common area, pursuant to the Act (as hereinafter defined) under the name of Laurel Village Condominium (the "Condominium").

C. Laurel Village Condominium Association, a Pennsylvania non-profit corporation (the "Association") has been or is about to be established as the Condominium association which shall have the responsibility for the administration, operation and management of the Condominium and the related facilities and other improvements intended for the common use and enjoyment of the members of the Condominium.

D. All Owners of Units in the Condominium will automatically be Members of the Association, and be subject to the Association's Declaration , Articles of Incorporation, and Bylaws.

AGREEMENTS AND DECLARATIONS

NOW THEREFORE, Declarant, intending to be legally bound, hereby submits, declares and establishes the condominium form of ownership for the Property described in Exhibit "A" hereto, together with all improvements thereon, in accordance with the provisions of the Act and this Declaration.

ARTICLE 1. DEFINITIONS.

All capitalized terms used in this Declaration shall have the meaning given to them in the Index of Defined Terms that is attached hereto and incorporated herein by this reference. Any such term used in this Declaration and not otherwise defined shall have the meaning as provided by the Act.

ARTICLE 2: GENERAL DESCRIPTION OF THE CONDOMINIUM

2.1 General Description of Condominium.

The name of the Condominium is Laurel Village Condominium. The Condominium is included in one tax parcel, No. 43-5325-06-38-2870, (which is the tax parcel number for the entire community) and contains approximately 9.520 (phase area) acres, as further described in Exhibit "A" hereto. The Property contains frontage along East Neversink Road in Exeter Township, Berks County, Pennsylvania. Declarant intends to construct a residential community consisting of 88 condominium Units in eight buildings on the Property.

2.2 Provisions Required by Act for all Condominiums.

(a) Name: The name of the Condominium is the Laurel Village Condominium.

(b) Location: The Condominium is entirely located in Exeter Township, Berks County, Pennsylvania.

(c) Description of Real Estate: A legally sufficient description of the real estate in the Condominium is attached as Exhibit "A".

(d) Identification of Units: A description or delineation of the boundaries of each Unit including the Unit's identifying number is included on the Condominium Plan.

(e) Maximum Number of Units: The maximum number of Units that may be created by the subdivision or conversion of Units owned by the Declarant pursuant to Section 3215(c) of the Act (relating to subdivision or conversion of units) is: NONE.

(f) Description of Limited Common Elements: A description of any Limited Common Elements as provided in Section 3209 of the Act, and Limited Common Expenses, if any, and how they are to be assessed, is contained in Section 4.3 of this Declaration.

(g) Subsequent Allocation of Limited Common Elements: There are no Common Elements not within the boundaries of any Convertible Real Estate which may be allocated subsequently as Limited Common Elements.

(h) Common Ownership Interest: Each Unit is allocated an equal and undivided interest in the Common Elements, a percentage or fraction of the Common Expenses of the Association, and a portion of the votes in the Association, as provided in Section 5.1 and Section 5.5.

(i) Restrictions on Use and Occupancy: The Declarant has created restrictions on use, occupancy and alienation of the Units as further described in Article 9.

(j) Recording Data for Recorded Easements: The recording data for recorded easements and licenses appurtenant to or included in the Condominium or to which any portion of the Condominium is or may become subject is contained in Exhibit B.

(k) Time Share Estates: None of the Units are or may be owned in time-share estates.

(l) Master Association: The Declarant is retaining the special declarant right to cause Section 3222 of the Act (relating to master associations) to become applicable to the Condominium, as further described in Section 5.6 of this Declaration.

(m) Merger or Consolidation: The Declarant is not retaining the special declarant right to cause Section 3223 of the Act (relating to merger or consolidation of condominiums), to become applicable to the Condominium. However, nothing in this paragraph shall limit or prohibit the right of the Association to merge or consolidate the Condominium with the Master Association or any other condominium which is a part of the Master Association.

2.3 Provisions Required for Flexible Condominium.

The Community has no Additional Real Estate, Convertible Real Estate or Withdrawable Real Estate, and so is not a "Flexible Condominium" under the Act.

ARTICLE 3: DESCRIPTION OF THE UNITS

3.1 Units.

Upon recording of this Declaration in the Berks County Recorder of Deeds Office and the establishment of the Condominium thereby, the Declarant shall be the owner of every Unit and its appurtenant percentage interest in the Common Elements , and shall have the right to sell, convey, lease, subdivide or otherwise dispose of each such Unit as it may deem appropriate in its sole discretion. The Declarant, in order to implement the condominium plan of ownership for the above-described property, hereby divides the Property and all of the improvements owned by Declarant into the following fee simple estates:

Eighty-eight (88) two-bedroom condominium Units in eight separate buildings as further shown on the Condominium Plan that is attached as Exhibit “C” hereto.

3.2 Boundaries.

The title lines or boundaries of each Unit are situated as shown on the Condominium Plan that is attached as Exhibit "C". The dimensions, area and location within the Property of the Units, are more particularly shown on the Condominium Plan.

The title lines or boundaries of each Unit are generally situated as shown on the Condominium Plan attached as Exhibit "C". Each Unit with attached patio or deck shall be approximately Twenty-six (26) feet wide by Fifty (50) feet in length. The dimensions, area and location within the Property of the Units, are more particularly shown on the Plan. The location of the Units on the Property as shown on the Plan represents the planned location of each Unit; however, actual construction and site conditions may result in minor variations to the location of the boundaries as shown on the Plan. An “as built” survey shall be prepared when Units are completed, which shall establish the exact boundaries and dimensions of the Units. When Units are first conveyed, the deed shall contain the legal description as drawn from the “as built” survey for the Unit. The boundaries of each Unit shall be as follows:

(a) Vertical Unit Boundaries: The vertical boundaries of each Unit shall be the vertical planes located between the inside face of the studs and the attached drywall that will form the inside wall of the Units; or if there is no such inside wall (such as if there is a utility closet next to an end unit) then the vertical plane immediately inside the studs, or cinder block or poured concrete walls, or similar vertical structural supports.

(b) Horizontal Unit Boundaries:

(i) Top: The top horizontal boundaries of each Unit shall be the horizontal plane immediately above the ceiling drywall of the highest floor of the Unit and below the lowest structural roofing element of each Unit. The intention is that the Owner is responsible for the drywall and all interior parts of the Unit, and the Association shall be responsible for the roof, which shall be considered General Common Elements, and the expenses for which shall be General Common Expenses.

(ii) Bottom: The bottom horizontal boundary of the Units shall be a horizontal plane immediately below the concrete floor slab beneath each Unit. The intention is that the Owner is responsible for the finished floor and sub-floor of his Unit, and the concrete slab in the basement.

(c) Patio Boundaries: The boundaries of the outdoor patio for each Unit shall be a horizontal plane below the concrete slab, a horizontal plane at the same level as the plane for the top of the Unit, and vertical planes along the edges of the patio area as that area is shown on the Plan. The creation of a larger patio area is prohibited, and would not in any event enlarge the boundaries of the patio of the Unit from what was originally planned. The concrete slab and any and all enclosures or other permitted improvements to the patios are the responsibility of the Owners of the Units, and must be maintained, repaired and replaced in accordance with rules and regulations that may be adopted from time to time by the Association.

(d) Windows and Doors: Notwithstanding anything provided above related to boundary planes, all windows and doors to a Unit, and all structural elements supporting such windows and doors, are a part of the Unit. All such items are the responsibility of the Owners of the Units, and must be maintained, repaired and replaced at the expense of the Owners, and in accordance with rules and regulations that may be adopted from time to time by the Association.

3.3 Items Included in the Unit.

Each Unit shall also consist of all spaces, interior partitions, doors, windows and other fixtures and improvements within the title lines described above. Each Unit shall include the items within the title lines described in paragraph (1) and (3) of §3202 of the Act which are appurtenant to the Unit. Each Unit shall consist of existing building improvements within the boundaries of the Unit, including without limitation all heating, plumbing, ventilation, air conditioners or other mechanical or electrical equipment which serve that Unit exclusively and are not described as Common Elements, whether located within or outside the Unit.

3.4 Interior Make Up

Each Unit will have such interior make up or shall be constructed within the exterior building walls as shall be determined to be appropriate by the Declarant, or the Owner of the Unit (if purchased prior to construction of the interior), except that all building interiors shall conform in all aspects to state, county and local regulations, including but not limited to construction regulations.

3.5 Relocation of Unit Boundaries; Subdivision and Conversion of Units

The Declarant and each Unit Owner shall be permitted to relocate boundaries between Units and subdivide or convert Units, subject to compliance with the provisions therefor in Sections 3214 and 3215 of the Act. Upon application of a Unit Owner to subdivide a Unit or upon application of the Declarant to subdivide or convert a Unit, the Association shall prepare, execute and record an amendment to the Declaration, including the plats and plans, subdividing or converting that Unit. Each such applicant shall provide and/or pay for all plats, plans and other documents, and all expenses reasonably incurred by the Association, that may be necessary to accomplish such an amendment.

ARTICLE 4: DESCRIPTION OF COMMON ELEMENTS

4.1 Common Elements.

The Common Elements shall consist of the entire Property, and improvements now owned by Declarant, excluding the area within the Units. The Common Elements will consist of the General Common Elements, the Limited Common Elements, and the Master Common Elements, each as more fully described below, or as identified on the Condominium Plan.

4.2 General Common Elements.

The General Common Elements shall include, but not be limited to, the following (other than those areas identified as Limited Common Elements herein):

(a) Improvements. All of the buildings containing Units on the Property, including building components, stucco or other finish, structures and improvements, entranceways and exits, common hallways and interior areas, windows in common areas, but excluding and excepting therefrom the Units themselves. The General Common Elements to be maintained by the Association shall generally include all parts of each residential building from the exterior surface in, excluding the Units themselves that will be maintained by the respective Unit Owners.

4.3 Limited Common Elements.

The Limited Common Elements for each Unit or Units are described as follows:

· Roofs on Buildings: The roof and other structural elements of each Building, including the structural support for same, all sheathing and underlayers, and all roof finishes, shall be Limited Common Elements for the exclusive use and benefit of all Units in that Building.

· Structural Elements and Exterior Façades: The structural elements, including all utility lines, pipes and services servicing the Unit, but less than the entire building, and exterior facade of each Building shall be Limited Common Elements for the exclusive use and benefit of the Units within that Building.

· Party Walls/Demising Walls: Party walls or demising walls shared by one or more Units shall be Limited Common Elements for the exclusive use and benefit of those Units.

· Doors and Windows: Doors and windows used exclusively by one or more Units shall be Limited Common Elements for the exclusive use and benefit of those Units.

4.4 Master Common Elements.

The Master Common Elements include those Common Elements identified below that (1) are located on the Property and are for the exclusive use and benefit the Units in the Community, or (2) are not located within the Property, but are maintained for the non-exclusive use and benefit the Units in the Community in common with other units in the Master Association; and in each case are required to be maintained by the Master Association. The Master Common Elements shall include, but not be limited to, the following:

(a) Land and Improvements. All of the land and improvements within the Property, including all Open Space, but excluding and excepting therefrom the General Common Elements, the Limited Common Elements, and the Units.

(b) Entranceways and Driveways. All entrance roadways and driveways into the Property from the public highway, or private roads, including all curbing and other related improvements.

(d) Stormwater Management Facilities/Easements. All Stormwater Management Facilities located on the Property.

(e) Utility Services. All installations for services designed and intended for common use (to the extent not dedicated to the Township or a utility company), such as but not limited to telephone, electricity, gas, water, and sewer, that are located outside the boundaries of a Unit, as well as all items affixed or connected thereto, or designed and intended for common use.

(f) Street Lights. All street lights located on the Property.

(g) Sidewalks and Walkways. All sidewalks and walkways located on the Property.

(h) Personal Property. All tangible personal property owned by the Association for use in connection with the operation, maintenance and administration of the Condominium. Personal Property shall also include, to the extent the right to use the same exists hereunder, or under any other applicable Declaration of the Master Association, all tangible personal property owned by the Master Association for use in connection with the operation, maintenance and administration of the Master Association.

(i) Other. All of the walkways, paths, trees, shrubs, yards, fences, gardens, landscaping, common lighting, signage, etc., and all other structures and improvements which are not encompassed within the boundaries of the General Common Elements, the Limited Common Elements, or the Units, but which are located on the Property.

(j) Non-Exclusive Master Common Elements: All Master Common Elements of the Master Association shall be available and for the benefit of the Unit Owners, including specifically any recreational facilities, on the same basis, and subject to the same rules and regulations as owner of other units located within the Master Association.

4.5 Maintenance Obligations for Common Elements.

The Association and the Master Association shall be responsible for the care and maintenance, repair and replacement of all of the Common Elements (including the Limited Common Elements), as further described in Exhibit D hereto, or in such other fashion as they may from time to time agree in a written agreement signed by both Associations. All expenses associated with the maintenance, repair and replacement of a General Common Element shall be assessed as General Common Expenses against all Units in the Community. All expenses associated with the maintenance, repair and replacement of a Limited Common Element shall be assessed as Limited Common Expenses against the Units to which such Limited Common Element was assigned at the time the expense was incurred. All expenses incurred by the Master Association associated with the maintenance, repair and replacement of Master Common Elements shall be assessed by the Master Association as Common Expenses against the Units, in the time and manner provided by the Master Declaration and as otherwise permitted by law.

4.6 Unit Owner's Interest in Common Elements.

The ownership of each Unit shall include the Unit's Common Ownership Interest in the General Common Elements and the Master Common Elements. Each Unit's interest in, and responsibility for, the Common Elements shall be calculated based upon the ratio that each such Unit bears to the total number of Units in the Community or the Master Community as applicable. Each Unit's interest in, and responsibility for, the Limited Common Elements shall be calculated based upon the ratio that each such Unit bears to the total number of Units in the Building (or Buildings) sharing the Limited Common Elements.

4.7 Board Determination of Purpose.

If any questions arise as to Common Elements, the Board of Directors of the Association shall determine the purpose for which a Common Element is to be used. It shall have the right to adopt Rules and Regulations limiting the use of the Common Elements to Unit Owners, their clients, invitees and employees.

4.8 Dedicated Improvements.

The following items may be constructed by the Declarant and shall then be dedicated to a municipality, a municipal authority or a utility company, which shall then be obligated to repair, maintain and replace any such facilities:

(a) Water Lines and Facilities: Declarant shall initially construct the water lines, mains and appurtenant facilities servicing the Community (including easements). Upon completion on these improvements, Declarant shall dedicate them to the utility company providing service to the Community. Until these improvements are dedicated, they shall be owned by Declarant.

(b) Sanitary Sewer Lines and Facilities: Declarant shall initially construct the sanitary sewer lines, mains and appurtenant facilities servicing the Community. Upon completion on these improvements (including sewer mains and all manholes, whether located in streets or Open Space), Declarant shall dedicate them to the utility company providing service to the Community. Until these improvements are dedicated, they shall be owned by Declarant.

(c) Other Utility Services: Declarant reserves the right to install or permit the installation in the Community of all necessary improvements to provide telephone service, cable television service, open video systems, natural gas, electrical power, and such other services as Declarant may determine during the construction and marketing of the Community. Declarant shall make such arrangements as may be necessary to grant easements and otherwise dedicate such facilities to the applicable company providing the service to the Community.

(d) Financial Security: In connection with the approval of the Land Development Plan, Declarant has posted financial security, in an amount acceptable to the Township, and such financial security is sufficient to complete the construction of the improvements required by the Land Development Plan.

ARTICLE 5: ESTATE ACQUIRED AND MEMBERSHIP INTEREST

5.1 Common Ownership Interest.

(a) Determination of Common Ownership Interest: The Owner of each Unit shall have such an estate therein as may be acquired by grant, by purchase or by operation of law, including an estate in fee simple; and shall acquire as an appurtenance thereto an undivided percentage interest in the General Common Elements and in the Limited Common Elements, if any, appurtenant to such Unit. The undivided interest in the General Common Elements (the “Common Ownership Interest”) shall be a fraction, the numerator of which is one, and the denominator of which is the total number of Units in the Community.

(b) Recalculation Upon Subdivision: In the event that any additional Unit or Units are created in the future through subdivision of existing Units, then the Common Ownership Interest shall be recalculated in the same fashion to re-allocate the Common Ownership Interests among the total number of resulting Units.

5.2 Proportionate Share in Common Surpluses and Expenses.

Each Unit Owner shall share in the common surplus and expenses in accordance with such Unit's Common Ownership Interest.

5.3 Membership of Unit Owners in Condominium Association.

Every Unit Owner or Owners shall automatically, upon becoming the Owner of a Unit or Units in the Condominium, be a member of the Association until such time as his ownership of a Unit ceases for any reason, at which time his membership in the Association shall automatically cease. Other than as an incident to a lawful transfer of title to a Unit, membership in the Association shall be nontransferable and any attempted transfer shall be null and void.

5.4 Vote.

(a) Member Voting: In all elections of Directors and all other questions requiring a vote, each Member in Good Standing shall be entitled to cast one vote for each Unit owned by the Member. If title to a Unit is owned by more than one person or entity and these co-owners are Members in Good Standing, one vote, but only one vote, may be cast per Unit owned by them. The Owners of these Units may not split their votes.

(b) Mortgagee Voting: In all matters for which Mortgagees are permitted to vote, the Mortgagee shall vote in the same manner as provided for a vote of Members: in accordance with the Common Ownership Interest for the applicable Unit.

5.5 Covenant Running with the Land.

The present title to the Property herein described and the title to each Unit, which shall be hereafter conveyed, are subject to the terms and provisions of this Declaration. Any person who acquires title to a Unit shall be deemed to have agreed to, adopted and ratified the provisions of this Declaration, the Bylaws and the Rules and Regulations (if any) of the Association, and further covenants to comply therewith. The covenants, agreements and restrictions set forth herein and in any amendments and/or additions hereto shall run with the land and shall be binding upon each Unit Owner, and the Declarant, its successors and assigns, and all persons claiming by, through or under their heirs, executors, administrators and assigns, unless released, amended or removed by a unanimous vote of the Association.

5.6 Master Community Association.

(a) Reservation of Rights. Declarant herein reserves the rights accorded by §3205(12) and §3222 of the Act to make Section 3222 of the Act applicable to the Community, and to delegate some or all of the powers of the Association and/or the Board of Directors as set forth in the Act or in this Declaration to a Master Association. The Association, acting through the Board, shall have the right to delegate certain of its powers to a Master Association, to the broadest extent permitted by law, and subject to all of the protections afforded by applicable law.

(b) Lapse of Declarant Rights. The rights reserved by Declarant under this subsection shall lapse upon the earlier of (i) seven (7) years from the date of recording of this Declaration; or (ii) the date Declarant voluntarily relinquishes such rights upon the recording of a memorandum of such relinquishment duly recorded in the Office of the Recorder of Deeds of Berks County, Pennsylvania.

(c) Governing Body of Master Association. The governing body of the Master Association shall be elected in accordance with the Master Declaration or other applicable governing agreement by and among all communities within the Master Community and other properties as may be subject to the Master Association. Any such agreement shall specify the term, number and procedure of election of the governing body of the Master Association in accordance with §3222 of the Act, and thereafter, the governing body of the Master Association shall have all the rights and duties set forth in such agreement in accordance with the Act.

ARTICLE 6: ASSOCIATION RIGHTS

6.1 Rights of the Association.

Pursuant to the requirements of the Act, the Association is designated as the entity to administer the Condominium. The Association is vested with the rights, powers, and privileges necessary and incidental to the proper administration of the Condominium, the same being more particularly set forth in the Bylaws of the Association.

The Association shall also be empowered to exercise any of the rights, powers, privileges which may, from time to time, be established by law or which may be delegated by the Owners of Units in the Condominium.

In accordance with § 3302 of the Act, and subject to this Declaration or other instruments of record, the Association may do all that it is legally entitled to do under the laws applicable to its form of organization.

6.2 Access to Units.

The Association shall have the irrevocable right, to be exercised by the Directors or manager of the Association, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Common Elements therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Elements or Limited Common Elements or to another Unit or Units. Reasonable advance notice will be given to the Unit Owner or occupant, except in an emergency situation.

ARTICLE 7: ASSOCIATION AND UNIT OWNER RESPONSIBILITIES

7.1 The Association.

The Association shall act by and on behalf of the Owners of the Units in accordance with this Declaration, the Bylaws, and the Act, as each may be supplemented and amended from time to time. The Bylaws form an integral part of the plan of ownership herein described and this Declaration shall be construed in conjunction therewith.

7.2 Responsibilities of the Association.

Pursuant to the requirements of the Act, the Association is vested with the duties necessary to and incidental to the proper administration of the Condominium, the same being more particularly set forth in the Bylaws. The Association shall also be vested with the duties which may, from time to time, be established by law or which may be delegated by the Owners of Units in the Condominium.

Nothing contained herein to the contrary, either in this Declaration or in the Bylaws shall serve to exculpate members of the Board of Directors of the Association appointed by the Declarant from their fiduciary responsibility.

In accordance with §3302 of the Act, and subject to this Declaration or other instruments of record, the Association:

(a) General Welfare: Shall discharge its powers in a manner that protects and furthers the health, safety and general welfare of the Unit Owners;

(b) Resolve Disputes: Shall provide a fair and efficient procedure for the resolution of disputes between Unit Owners and the Association, and between different Unit Owners, which shall be readily available as an alternative to litigation.

7.3 Insurance.

The Association acting by and on behalf of the Unit Owners of the Condominium shall insure the Common Elements against risk of loss by fire and other casualties covered by a broad form fire and extended coverage policy, including vandalism and malicious mischief and such other risks as the Association's Board of Directors shall from time to time require, all in accordance with the provisions of the Bylaws. Nothing contained in this Declaration and no Bylaw provision shall be deemed to prohibit any Unit Owner from obtaining insurance for his own benefit. No Unit Owner shall, however, insure any part of the Common Elements whereby, in the event of loss thereto, the right of the Association to recover the insurance proceeds for such loss in full, shall be diminished or impaired in any way.

7.4 Responsibility of Unit Owners.

(a) Unit Maintenance by Owner: Each Unit Owner shall promptly furnish, perform and be responsible for, at his own expense, all of the maintenance, repairs and replacements for his own Unit, provided however:

(i) Common Systems Maintenance: Such proper maintenance, repairs and replacements as may be required for the functioning of any common plumbing, mechanical, electrical and water supply systems within the Condominium up to the point such systems enter any Unit shall be furnished by the Association; and

(ii) Emergency Repairs: The Association, its agents and employees may affect emergency or other necessary repairs which the Unit Owner has failed to perform;

but any and all expenses incurred pursuant to this subparagraph shall be the responsibility of the Unit Owner affected thereby and shall constitute a lien against said Unit in favor of the Association.

(b) Owner's Financial Responsibilities: Except as hereinbefore provided, the Unit Owner shall be responsible for the maintenance, repairs and replacements of the plumbing fixtures and systems, windows, doors, electrical wiring and receptacles, appliances and equipment, and lighting fixtures or part of any Unit which are not Common Elements, at its sole cost and expense. If any Unit Owner fails to perform such work, the Association may do so on the Unit Owner's behalf and charge the reasonable expenses thereof to the Unit Owner with such sum, related costs and attorneys fees collectable from the particular Unit Owner in the same manner as an Annual Common Expense Assessment. Except as herein provided, maintenance, repairs and replacements of the Limited Common Elements shall be the responsibility of the Unit Owners having the right to use such Limited Common Elements, at their sole cost and expense. If any Unit Owner fails to perform such work, the Association may do so on the Unit Owner's behalf and charge the expense thereof to the Unit Owner, with such sum, related costs and attorneys’ fees collectable from the particular Unit Owner, as a Special Assessment, and may collect in the same manner as an Annual Common Expense Assessment.

7.5 Damage to Common Elements.

If, due to the negligent act or omission of or misuse by a Unit Owner, or its employees, invitees, guests of visitors (whether authorized or unauthorized by the Unit Owner), damage shall be caused to the Common Elements, Limited Common Elements, or to a Unit(s) owned by others, or maintenance, repairs or replacements shall be required which would otherwise be a Common Expense, then the Unit Owner so responsible shall pay for repair of such damage, may be fined by the Association (as provided in the Rules and Regulations), and shall be liable for any damages, liability, costs and expense, including attorney's fees, caused by or arising out of such circumstances. All such costs and expenses due to the Association may be assessed and collected as Special Assessments. Such maintenance, repairs and replacements to the General or Limited Common Elements or the Unit(s) shall be subject to the Bylaws and the Rules and Regulations.

ARTICLE 8: ASSESSMENTS

8.1 Board to Fix Assessments.

It shall be the affirmative and perpetual obligation of the Board to adopt a budget, and amend same from time to time as necessary, to fix the Annual Common Expense Assessments against each Unit in an amount sufficient to maintain and operate the Common Elements as contemplated by the Declaration, Bylaws and as required by the Act (the "Annual Common Expense Assessment"). Such expenses may include without limitation the expenses of administration, maintenance, repair and replacement of the Common Elements; expenses declared common by this Declaration or the Bylaws; the expenses of administering and maintaining the Association and all of its real and personal property; expenses for the operation, maintenance, repair or replacement of Association buildings, grounds or facilities; expenses for reserves for capital replacements and improvements; all costs of carrying out the duties and powers of the Association; compensation of Association employees and managers; insurance premiums and expenses relating thereto; taxes which may be assessed against Association property; and any other expenses of the Association as set forth herein, in the Bylaws, as permitted by the Act or which may be designated by the Board of Directors as Common Expenses. The amount of money for Annual Common Expense Assessments deemed necessary by the Board, and the manner of expenditure thereof, shall be within the sole discretion of the Board. The Board shall also have the power to fix, determine, assess and collect Special Assessments against one or more Units, under the circumstances described in this Declaration, or as otherwise permitted by the Act.

8.2 Allocation of Assessments.

Annual Common Expense Assessments made by the Association shall be allocated in accordance with the Common Ownership Interest of each Unit for the General Common Expenses, and in accordance with the ratio as provided in Section 4.6 for the Limited Common Expenses. Special Assessments against one or more Units, shall be allocated under the circumstances described in this Declaration, or as otherwise permitted by the Act.

8.3 Special Allocation of Assessments.

Any Common Expense benefiting fewer than all of the Units may be assessed exclusively against the Units benefited.

8.4 Assessment for Reserve Account.

At the time of any transfer or conveyance of any Unit, except to a Mortgagee as a result of foreclosure, the Unit Owner shall pay to the Association the sum of One Hundred Fifty Dollars ($150.00) at time of conveyancing. This fee shall be collectible at each conveyance, and is not limited to or restricted to the first sale from Declarant to any purchaser.

8.5 Due Date of Annual Common Expense Assessment.

Annual Common Expense Assessments shall be imposed on the first day of the year due and shall be payable in advance in monthly installments or in such other installments as may be established from time to time by the Board. The yearly period shall be the calendar year unless otherwise determined by the Board. Failure of a Unit Owner to pay any assessment installment payment when due shall result in all of that Unit Owner's Annual Common Expense Assessments being immediately due and payable, and bearing interest at a rate established by the Association.

8.6 Payment by Unit Owners of Assessments.

Each Unit Owner shall pay all Annual Common Expense Assessments and Special Assessments as assessed by the Board in the manner determined by the Board. No Unit Owner may exempt himself from contributing toward any such expense by any purported waiver of the use and enjoyment of the Common Elements of the Association or by abandonment of the Unit owned by him.

8.7 Lien in Favor of the Association.

All assessments chargeable to any Unit shall constitute a lien against that Unit in favor of the Association in the manner and with the priority as established by Section 3315(b) of the Act. The charges and expenses represented in the Annual Common Expense Assessments in any one year shall become effective as a lien against each Unit on the first day of that year. Additional or emergency assessments, charges and expenses, if any, chargeable to Units and not covered by the usual monthly maintenance charge, shall become effective as a lien against each Unit as of the date when the expense or charge giving rise to such additional or added assessment was incurred by the Association. The reasonable costs and expenses of the Association, including legal fees, incurred in connection with collection of any sums due the Association by the Unit Owner or enforcement of the provisions of the Declaration, Bylaws, Rules or Regulations against the Unit Owner are enforceable as assessments under this section.

8.8 Collection of Assessments.

If an assessment is payable in installments and one or more installments is not paid when due, then the entire outstanding balance of the assessment becomes effective as a lien from the due date of the delinquent installment. The association's lien may be foreclosed in like manner as a mortgage on real estate as provided in §3315 of the Act. The right of the Association to foreclose the lien shall be in addition to any other remedy which may be allowable to it at law or equity for the collection of assessments and expenses, including the right to proceed personally against any delinquent Unit Owner for the recovery of a personal judgment against him for the amount due, plus court costs and reasonable attorney's fees. A judgment or decree in any action or suit brought under this section shall include costs and reasonable attorney's fees for the prevailing party. The title acquired by any purchaser following any such foreclosure sale or sheriff's judgment sale shall be subject to all of the provisions of this Declaration, the Bylaws, the Rules and Regulations and the Act, and by so acquiring title to the Unit, said purchaser covenants and agrees to abide by and be bound thereby.

8.9 Ownership of Unsold Units.

From and after the conveyance of title to the first Unit, the Declarant shall be deemed to be the Owner of any unsold Units under the same terms and conditions as all other Unit Owners of the Condominium. The obligation of Declarant to pay Association assessments, including the replacement reserve funds for a particular Unit, shall commence on the date of conveyance of a Unit to a third party. For purposes of this paragraph, unsold Units shall mean or refer to any Units, title to which has not been transferred from the Declarant.

ARTICLE 9: RESTRICTIONS, COVENANTS AND AGREEMENTS

To further implement this plan of ownership, to make feasible the ownership and sale of Units in the Condominium, and to preserve the character of the Condominium, the Declarant, its successors and assigns, by reason of this Declaration, and all future Owners of Units in the Condominium by their acquisition of title thereto, covenant and agree as follows:

9.1 Ownership of Common Elements.

The General Common Elements shall be owned in common by all of the Unit Owners and none other, and each Limited Common Element shall be owned in common by the Owners of Units to which such Limited Common Element is appurtenant.

9.2 Ownership and Conveyance of Condominium Units.

Each Unit shall, for all purposes, constitute a separate parcel of real property which may be owned in fee simple and which may be conveyed, devised, inherited, transferred or encumbered along with its Common Ownership Interest in the Common Elements, in the same manner as any other parcel of real property, independently of all other Units, subject to the provisions of this Declaration, the Bylaws of the Association and the Act. All taxes, assessments and charges which may become liens under local law or otherwise shall relate only to the individual Units and not to the Condominium as a whole.

9.3 Occupancy of Units.

Each Unit shall be occupied in accordance with the restrictions and limitations contained in this Declaration, Bylaws and any amendments thereto, and as otherwise provided by law, and shall be used by the respective Owners and/or occupants only for residential purposes, and not for professional, commercial, office, retail or warehouse purposes under any circumstances.

9.4 Exterior Alterations.

No Unit Owner shall make any exterior structural modifications or alterations to any Unit which modification or alteration would in any way affect or impair the structural integrity of any other Unit, Common Elements or Limited Common Elements.

9.5 Interior Alterations.

Unit Owners shall be permitted to make structural modifications, alterations or additions to their Units provided that:

(a) No Encroachment: No such modification, alteration or addition shall encroach upon any other Unit or Common Element without the written consent of the Unit Owner (if only a Unit is affected) or of all other Unit Owners (in the case of an encroachment upon the Common Elements);

(b) Obtain Approvals: No such modification, alteration or addition shall be commenced until the Unit Owner has received all necessary governmental permits and approvals; and

(c) Value and Utility: No such modification, alteration or addition reduces the value or adversely affects the utility of any Unit.

9.6 No Fencing.

No Unit Owner shall be permitted to erect or have erected any fence, partition, wall, divider or similar structure exterior to their Unit without the prior written consent of the Association, by a majority vote of the Board, provided such wall/barrier is not a permanent structure.

9.7 Use of Common Elements.

Each Unit Owner, tenant or occupant of a Unit may use the Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Unit Owners, tenants or occupants. The use of Limited Common Elements shall be limited to the Owners, tenants or occupants, and other invitees of such Owner, who share and are responsible for payment of the Expenses of such Limited Common Elements.

9.8 No Decorations.

No Unit Owner shall cause or permit anything to be hung, displayed or placed on the outside walls, doors or windows of any Building whether or not Common Elements except in accordance with Rules and Regulations of the Association.

9.9 No Storage on Common Elements.

No Unit Owner shall store anything on the Common Elements except in compliance with the Rules and Regulations of the Association.

9.10 No Signage.

No signs shall be permitted on the exterior or interior of any Unit without the written consent of the Unit Owner (if only one Unit is affected) or of all Unit Owners (in the case where the signs are to be placed on the Common Elements). However, signs shall not be constructed or erected until the Unit Owner has received all necessary governmental permits and approvals and the approval of the Association in accordance with signage recommendations adopted by it.

9.11 Sight Distances at Intersections.

No buildings, trees, hedges, shrubbery or other obstructions whatsoever will be permitted within the clear sight triangles that are shown on the Condominium Plan. In the event that any applicable law, ordinance or regulation imposes a more restrictive requirement for maintaining sight distances at intersections, then the more restrictive requirement shall govern.

9.12 No Action or Inaction Which Does or Will Affect Insurance or Violate Law.

Nothing shall be done or kept in any Unit, Common Elements or Limited Common Elements, which will increase the rate of any of the Association's insurance. No Unit Owner shall permit anything to be done or kept in his Unit, the Common Elements or Limited Common Elements which will result in the cancellation of any of the Association's insurance or which would be in violation of any law. Nothing shall be done or kept in any Unit, which endangers the Common Elements, Units, or the Association's members, employees, guests or occupants or their property.

9.13 No Waste.

No waste will be committed in any of the Common Elements.

9.14 Parking.

Parking of any motor vehicles on the Common Elements shall be in compliance with Rules and Regulations of the Association.

9.15 Garage Conversions Prohibited.

No Owner shall be permitted to convert any garage in the Property to living space. The garage of each Unit shall be used only for storage of vehicles, tools and other personal property of the Owner.

9.16 Supplementation by Rules and Regulations.

The Board of Directors, pursuant to the Bylaws, shall adopt Rules and Regulations which shall be in addition to and supplement restrictions on the Owner's use of the Common Elements, as long as such Rules and Regulations are consistent with the intent and purposes set forth herein. Rules and Regulations shall not be deemed to be amendments to this Declaration.

9.17 Rental Restriction of Units.

The Units may be rented by the Owners thereof. The Unit Owners shall have the absolute right to lease no less than an entire Unit, provided that the lease is in writing and the terms of the lease are subject to the covenants, conditions and restrictions contained in this Declaration, the Bylaws, the Rules and Regulations of the Association and the Act, and that failure by the lessee to comply with the terms of such documents shall be a default under the lease. However, nothing herein is intended to release the Owner of such a leased Unit from the primary obligation to comply with the terms of this Declaration, the Bylaws and the Rules and Regulations. In the event a tenant of a Unit fails to comply with the provisions of this Declaration, the Bylaws, the Rules and Regulations of the Association and the Act, then, in addition to all other remedies which it may have, the Association shall notify the Unit Owner of such violation(s) and demand that the same be remedied through the Unit Owner's efforts within five (5) days after such notice. If such violation(s) is not remedied within said five (5) day period, then the Unit Owner shall immediately thereafter, at his own cost and expense, institute and diligently prosecute an eviction action against his tenant on account of such violation(s) in order to ensure compliance by the tenant of all provisions of this Declaration, Bylaws, the Rules and Regulations of the Association and the Act. In the event the Unit Owner fails to fulfill the foregoing obligation, then the Board shall have the right, but not the duty, to institute and prosecute such action as attorney‑in‑fact for the Unit Owner and at the Unit Owner's sole cost and expense, including all legal fees incurred. Said costs and expenses shall be deemed to constitute a lien on the particular Unit involved, and may be assessed and collected as a Special Assessment. By acceptance of a deed to any Unit, each and every Unit Owner does thereby automatically and irrevocably name, constitute, appoint and confirm the Board as his attorney‑in‑fact for the purposes described this subparagraph.

9.18 Non-Disturbance Areas.

The Association and each Owner shall be prohibited from:

(a) Trees: Removing or damaging any trees on the Property, other than pursuant to a woodland conservation plan approved by the Township;

(b) Waters and Wetlands: Grading, filling or otherwise disturbing any watercourses, drainage channels, wetland areas or waters of the Commonwealth on the Property;

(c) Parking Prohibitions: Allowing parking along the entrance drive.

ARTICLE 10: EASEMENTS

10.1 Grant of Easements.

The Property and any portion, Unit or Dwelling therein, shall be owned, held, transferred, conveyed, assigned, sold, leased, occupied, used and enjoyed subject to the easements set forth in this Article and any and all other easements of record. Subject to the appropriate approvals by the Township, the Declarant reserves unto itself, its successors and assigns, the right to relocate, change or modify from time to time, the location of any easement either granted or reserved herein.

10.2 Owner Easements.

With respect to the Property, every Owner and the Owner's successors and assigns, shall have the following easements:

(a) Location of Units: In interpreting any and all provisions of either this Declaration, the exhibits attached hereto and subsequent deeds and mortgages to individual Units, the actual location of the Unit shall be deemed conclusively to be the property intended to be conveyed, reserved or encumbered, despite any minor deviations from the proposed locations as indicated on Exhibit "C" attached hereto. To the extent that such minor variations in location do or shall exist, a valid easement therefor and for the maintenance thereof does and shall exist.

(b) Access to Common Facilities: Subject to the provisions of this Declaration, the Articles of Incorporation, Bylaws, Rules and Regulations and applicable law, a perpetual and non-exclusive easement for access to and enjoyment of the Common Facilities, including specifically the right of access over and through the Common Elements for purposes of repair and maintenance of the Unit, by the Owner, the Owner's family, guests, tenants and lessees, in common with other Owners and such other Owner's families, guests, tenants and lessees, for any purpose not prohibited by the aforementioned provisions;

(c) Use of Utilities: A perpetual and non-exclusive easement to use any and all sewer, water, storm water, gas, electric, telephone, cable television and other utilities now serving or which may in the future serve the Owner's Unit and Unit.

(d) Limited Common Elements: Each Owner of a Unit that shares an interest in any Limited Common Elements shall have an easement over such Limited Common Elements for the benefit of the Owner, its employees, contractors and invitees, and their successors in ownership, for purposes of access to the Unit, and to perform any necessary maintenance and repairs in connection with the Unit.

(e) Master Common Elements: Each Owner shall have such easements and other access rights with respect to the Master Common Elements as are granted in the Master Declaration.

10.3 Declarant Easements.

The Declarant reserves unto itself, its successors and assigns, the following easements with respect to the Property:

(a) Development and Construction Easements: A blanket and non-exclusive easement in, upon, through, under, over and across the Property and any part thereof, including Units and Common Elements, for the following purposes: (i) for the purposes of construction, reconstruction, maintenance, repair, renovation, replacement or correction of a Unit or any other Common Elements; (ii) at any time with reasonable prior notice, to conduct grading activities and change the existing grade to match or tie in to the grading of the adjacent Units; (iii) to correct any violations of ordinances, including setback requirements or other construction related matters; and (iv) for the purpose of discharging the Declarant's obligations or exercising the Declarant's rights; which rights shall continue until the expiration of two (2) years from the date the last Unit is sold and conveyed in the normal course of business. This Section shall not be amended without the prior written consent of the Declarant.

(b) Entrance Improvements/Marketing Facilities: Subject to all applicable Township ordinances regarding entrance improvements and marketing facilities, the Declarant reserves the right to erect and maintain one or more signs identifying the Community and monuments in which to mount such signs within and/or outside of the Unit lines of one or more Units within each phase in the Community, and to install electrical lines to such signs to illuminate them. Declarant reserves the right to construct and maintain any sales related facility, including one or more sales trailers, and one or more construction trailers or other structure or structures within the Property for such period of time as the Declarant may determine in its discretion but in no case for longer than the time that the Declarant is actively selling and/or constructing Units. The Association will repair, replace, maintain and pay to illuminate each such sign.

(c) Inspection, Service and Remedy: In addition, the Declarant hereby reserves the irrevocable right to enter into, upon, over and under any Unit for such purposes as may be reasonably necessary for the Declarant or its agents to service such Unit, to inspect such Unit, to remedy any violation of law and to perform any operations required in connection with the maintenance, repair or replacement of the Unit, Common Facilities or any facilities or equipment affecting or serving the Common Facilities, provided that requests for entry are made in advance and that such entry is at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate whether the Owner is present at the time or not.

(d) Drainage Easements: The Declarant reserves a perpetual, blanket and non-exclusive easement in, upon, over, under, across and through the Property for surface water runoff and drainage caused by natural forces and elements, grading and/or the improvements located upon the Property. No individual Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Property. This easement shall be held by the Declarant so long as any Unit owned by the Declarant remains unsold. This easement shall then be held by the Association for so long as the Association is the record owner of lands designated as Common Facilities. For a period of seven (7) years from the date of conveyance of each Unit and the Common Facilities, the Declarant reserves an easement and right, but not the obligation, for the benefit of the Declarant, its agents, employees and contractors, on, over and under the ground within that Unit to maintain and to correct drainage of surface water in order to maintain reasonable standards of health, safety and appearance or to address other concerns raised by the Township. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil and/or to take any other similar action reasonably necessary, following which the Declarant shall restore the affected Unit or the Common Area or cause the affected Unit to be restored, as nearly as practicable, to the condition in which it was found prior to the exercise of such right. The Declarant shall give timely notice of intent to take such action to the Owner of each Unit to be entered, unless, in the sole opinion of the Declarant, an emergency exists which precludes the ability to provide such notice. Declarant shall have the right and privilege to enter upon the Property and any Unit at any time to (i) correct any violations of ordinances, including set back requirements or other construction-related matters, and (ii) change the grade of the ground to transition the grade to adjacent areas and/or install or change drainage control devices so as to alleviate any possible drainage or runoff problems, and (iii) to repair, maintain or replace any entrance improvements, Community signage or associated landscaping.

(e) Maintenance Period Easements: The Declarant reserves to itself and to the Township and their respective successors and assigns, a perpetual, nonexclusive right and easement to enter upon each and every Unit and Common Area until the expiration of the statutory maintenance period following dedication of public improvements as set forth in Section 509 of the Pennsylvania Municipalities Planning Code, as amended, 53 P. S. 10509, for the purpose of completing any landscaping as required by the Township and further to make such modifications in grading and/or drainage on any Unit as may be necessary in the discretion of the Declarant, its successors or assigns, and/or the Township Engineer for satisfactory storm water management.

(f) Repair and Maintenance: A blanket and nonexclusive easement in, upon, through, under and across the Common Elements for the purpose of construction, installation, maintenance and repair of any improvements to the Units, utility systems or the Common Elements; and

(g) Stormwater Management: A perpetual, blanket and nonexclusive easement in, upon, over, under, across and through the Common Elements for surface water runoff and drainage caused by natural forces and elements, grading and/or the improvements located upon the Property. No individual Unit Owner shall directly or indirectly interfere with or alter the drainage and runoff patterns and systems within the Condominium.

(h) Utilities and Communications: A perpetual, blanket and nonexclusive easement in, upon, through, under and across the Common Elements for the purposes of construction, installation, maintenance and repair of lines, conduits, meters, utilities and other facilities necessary for the operation of a private cable or satellite master antenna system. No Unit Owner shall directly or indirectly interfere with or alter the use of this easement. Neither the Association nor any individual Unit Owners shall be obligated by this Declaration or the reservation of this easement to use any system installed in accordance with this easement.

10.4 Association Easements.

The Association, acting through the Board or any manager, or managing agent, or their respective agents or employees, shall have the following easements for the benefit of the entire Community:

(a) Maintenance of Common Facilities: A perpetual and exclusive easement over the entire Property for the maintenance of the Common Facilities, including that which currently or may hereafter encroach upon a Unit.

(b) Stormwater Management Easements on Specific Units: There is hereby reserved for the benefit of the Association and each of the Units in the Community, perpetual, non-exclusive easements on the Property as shown on the Condominium Plan for the free and uninterrupted natural flow and drainage of surface waters over the easement area and into any storm water detention basins, pipes, swales, channels or other natural or artificial means to convey surface waters from any portion of the Property.

(c) Inspection and Remedy: The Executive Board or any manager or managing agent, or their respective agents or employees shall have the perpetual and non-exclusive right of access to each Unit (i) to inspect same, (ii) to remedy any violations of the provisions of this Declaration, the Bylaws or any Rules and Regulations of the Association, and (iii) to perform any work required in connection with the maintenance, repairs or replacements of or to the Common Facilities or any equipment, facilities or fixtures affecting or serving other Unit(s) or Unit(s) or Common Facilities; provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Owner. In case of an emergency, such right of entry shall be immediate, whether the Owner is present at the time or not.

The Association, through the Board or any manager, or managing agent, or their respective agents or employees, shall have the perpetual and nonexclusive right of access to each Unit: (i) to inspect the same; (ii) to remedy any violations as set forth in this Declaration, the Bylaws, the Rules or Regulations or the Act; and (iii) to perform any operations required in connection with the maintenance, repair or replacement of or to the Common Elements, or any equipment, facilities or fixtures affecting or serving other Unit(s) or the Common Elements;

All necessary requests for entry shall be made in advance and any such entry shall be made (except in cases of emergency) at a time reasonably convenient to the Unit Owner. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not.

(d) Easements and Encroachments. In the event that any portion of the Common Elements encroaches upon any Unit, or vice versa, or in the event that any portion of one Unit encroaches upon another Unit, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. In the event that a Building is partially or totally destroyed and is then rebuilt in substantially the same location, and as a result of such rebuilding any portion of the Common Elements encroaches upon the Units, or vice versa, or any of the Units encroach upon another Unit, a valid easement for such encroachment and for the maintenance thereof, so long as it stands, shall and does exist.

10.5 Municipal Easements.

(a) Inspection and Law Enforcement. A blanket, perpetual and non-exclusive easement for ingress, egress and travel in, upon, over, across and through the Property shall exist for the benefit of the Township, its respective officers, agents and employees (but not the public in general) and all police, fire and emergency personnel engaged in the proper performance of their respective official duties (including, but not limited to, emergency or other necessary service or maintenance, repair and/or replacement to a Dwelling which the Owner has failed to perform and for emergency and other necessary maintenance, repair and/or replacement of the Common Facilities which the Association has failed to perform). Except in the event of emergencies, the rights accompanying the easements provided for in this subparagraph shall be exercised only during reasonable daylight hours and then, whenever practicable, only after at least 48 hours advance notice to and with permission of the Board (for Common Facilities) and the Owner(s) (for any Dwelling) directly affected thereby.

(b) Stormwater and Sanitary Sewer Easements. All stormwater sewer and sanitary sewer facilities not located within the road right-of-way generally require easements. These easements, either shown on the Condominium Plan, Land Development Plan or otherwise constructed in the Community, may be dedicated to the Township and/or the Authority. The actual locations of these easements may be determined after construction and dedication. The Township shall also have an easement over the entire Property, including all Units, for access and for any necessary repairs, maintenance or replacements of any and all sanitary sewer facilities, whether shown on the Condominium Plan or created in the future.

10.6 Utility Easements.

A valid blanket perpetual and nonexclusive easement does and shall continue to exist throughout the Common Elements for the purpose of installation, maintenance, repair and replacement of all sewer, water, power and telephone lines, cable TV lines, open video systems, cable internet access, telephone service, emergency communication and security services, facilities and equipment, mains, conduits, wires, poles, transformers, meters and any and all other equipment or machinery necessary or incidental to the proper functioning of any utility system of the Condominium. This easement may be assigned by the Declarant or the Association for the benefit of any governmental agency, utility company or other entity which requires same for the purpose of furnishing one or more of these services to the Condominium or any of the Units. The width and depth of these easements shall be of reasonable size so as to minimize any impairment of a Unit Owners' enjoyment of the Common Elements.

10.7 Third Party Easements.

The following easements are granted to third parties:

(a) NONE:

10.8 Recorded Easements.

All easements, licenses and other encumbrances upon the Property and appurtenant to or included in the Community or to which any portion of the Community is or may become subject, are listed on Exhibit “B” hereto or otherwise described in this Declaration and/or shown on the Condominium Plan.

ARTICLE 11: ENFORCEMENT

11.1 Enforcement and Remedies of Association.

Each Owner, tenant and occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws, the Rules and Regulations and the Act. Failure to comply therewith shall be grounds for levy of a fine and/or acceleration of annual Common Expense Assessments, and/or an action to recover sums due, and/or damages, and/or foreclosure or for injunctive relief. Should the Association take any action to enforce this Declaration, the Bylaws, the Rules or Regulations or the Act, then the Unit Owner responsible for the Association having to take such action shall be responsible for any and all costs and fees incurred by the Association in such enforcement action, including, but not limited to, court costs and reasonable attorneys' fees. The Board shall have the power to impose fines on any Unit Owner who violates this Declaration, the Bylaws, the Rules or Regulations or the Act. The Board may impose fines against a Unit Owner if the Unit Owner's tenant or guest violates this Declaration, the Bylaws, the Rules or Regulations or the Act. All charges, fines and expenses chargeable to any Unit shall constitute a lien against said Unit pursuant to Section 3315(b) of the Act, and may be assessed and collected as a Special Assessment against the applicable Unit.

ARTICLE 12: AMENDMENT AND REVOCATION

12.1 Amendment or Revocation of this Declaration.

Except in cases of amendments that may be executed by a Declarant, and corrective amendments, and matters for which unanimous consent is required, all as provided in §3219 of the Act, this Declaration and any of its provisions, and the Bylaws of the Association, shall not be revoked or amended without the affirmative vote of two-thirds (2/3) or sixty‑seven percent (67%) of the total number of votes that may be cast. All voting by Members, and/or Directors shall be in the manner provided in Section 5.4, and in the Bylaws. More specifically, except as provided by statute, unless at least two-thirds (2/3) or sixty‑seven percent (67%) of the vote of the Unit Owners (other than the Declarant) have given their prior written approval, the Unit Owners shall not be entitled, inter alia, to:

(a) Terminate Condominium: By act or omission, seek to abandon or terminate the Condominium;

(b) Change Common Ownership Interest: Change the Common Ownership Interest of any individual Unit for the purpose of: (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the Common Ownership Interest of each Unit in the Common Elements;

(c) Encumber or Transfer Common Elements: By act or omission, seek to abandon, partition, subdivide, encumber, demolish, sell or transfer Common Elements. (The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium shall not be deemed a transfer within the meaning of this clause);

(d) Apply Hazard Insurance: Use hazard insurance proceeds for losses to any Condominium property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such Condominium property; or

(e) Architectural Review: Change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Units, the exterior maintenance of Units, the maintenance of the Common Elements, party walls or common fences and driveways, or the upkeep of the lawns and plantings of the Condominium.

12.2 Amendments Permitted by Declarant.

(a) Execution of Documents: Declarant hereby reserves for itself, its successors and assigns, for those amendments to the Declaration which it is authorized to make by the provisions of this Declaration and as permitted by Section 3219 of the Act, the right to execute on behalf of all contract purchasers, Unit Owners, mortgagees, eligible mortgage holders, eligible insurers or guarantors, other lien holders or parties claiming a legal or equitable interest in the Condominium, any such agreements, documents, amendments or supplements to the Declaration which may be required to effectuate the changes that Declarant is authorized to make. However, no such agreement, document, amendment or supplement shall effect a material physical modification of a Unit, without the prior written consent of the Unit Owner and holder of a Permitted Mortgage directly affected thereby.

(b) Power of Attorney: In connection with an amendment as permitted in Section 11.2(a) above, each and every Owner and any equitable Owner of a Unit at the time such amendment is pending, agrees and does hereby irrevocably name, constitute, appoint and confirm Declarant, its successors and assigns, as attorney‑in‑fact for such transferee for the purposes set forth within this Article 13. Furthermore, by acceptance of a deed to any Unit or by the acceptance of any other legal or equitable interest in the Condominium, each and every contract purchaser, Unit Owner or occupant, holder of any mortgage or other liens, does automatically and irrevocably name, constitute, appoint and confirm: (i) Declarant, its successors and assigns, as attorney‑in‑fact for the purpose of executing such amended Declaration (s) and other instrument(s) necessary to effect the provisions hereof (provided that such power of attorney may not be used to adversely affect the priority or validity of any lien on or the value of any Unit); and (ii) the Association, as attorney‑in‑fact to acquire title to or lease any Unit whose Owner desires to surrender, sell or lease the same, in the name of the Association or its designees, corporate or otherwise, on behalf of all Unit Owners and to convey, sell, lease, mortgage (but not to vote the votes appurtenant thereto) or otherwise, dispose of any such Units so acquired or to sublease any Units so leased by the Association.

The powers of attorney aforesaid are expressly declared and acknowledged to be coupled with an interest in the subject matter hereof and the same shall run with the title to any and all Units and be binding upon the heirs, personal representatives, successors and assigns of any of the foregoing parties. Further, said powers of attorney shall not be affected by the death or disability of any principal in and to said powers.

Declarant may use the right granted in this paragraph to effectuate the following changes, enumerated by way of description and not limitation:

(i) Easements. Adding to or altering the location, size and/or purpose of easements and lands for utilities, driveways, access, egress, drainage and/or financing purposes; or convey or assign such easements to the appropriate governmental authority or utility agency or company so long as such additions or alterations do not materially effect the utility of the intended easement.

(ii) Use of Easements. To permit the users or occupants of lands owned by or controlled by the Declarant to utilize easements, roads, drainage facilities, utility lines, and the like, within or servicing the Condominium.

(iii) Surrender of Declarant's Rights. To surrender or modify rights of the Declarant in favor of the Unit Owners and/or the Association, and/or their respective mortgagees.

(iv) Technical Changes. Correcting, supplementing and providing technical changes to the Declaration and any of its amendments.

12.3 Recordation.

All amendments to the Declaration will be reduced to writing and recorded.

12.4 Effective Date of Amendment.

Any amendment to the Declaration will become effective upon recording in the Office of the Recorder of Deeds of Berks County. The Declarant will thereafter provide copies of the amendment to each Owner.

ARTICLE 13: DECLARANT'S RIGHTS AND RESPONSIBILITIES

13.1 Special Declarant Rights:

Declarant hereby reserves the following Special Declarant Rights, as permitted by the Act, to:

(a) Complete improvements: Complete improvements indicated on plats and plans filed with the Declaration.

(b) Convert or Subdivide Units: Convert or subdivide a Unit into two or more Units, Common Elements, or into two or more Units and Common Elements as permitted by Section 3215 of the Act.

(c) Offices, Signs and Models: Maintain offices, signs and models as permitted by Section 3217 of the Act.

(d) Easements through Common Element: Use easements through the Common Elements for the purpose of making improvements within the Condominium or within any Convertible Real Estate or Additional Real Estate, as permitted by Section 3218 of the Act.

(e) Master Association: Make the condominium subject to a master association as permitted by Section 3222 of the Act.

(f) Declarant Control: Appoint or remove any officer of the Association or any Board member during the Declarant Control Period.

13.2 Declarant Control Period:

(a) Reservation of Right: Declarant hereby establishes a period of Declarant control of the Association (the "Declarant Control Period") during which period the Declarant or persons designated by him may appoint and remove the officers and members of the Board. The Declarant Control Period extends from the date of the first conveyance of a Unit to a person other than a Declarant for a period not exceeding seven years. However, the Declarant Control Period terminates no later than 180 days after conveyance of 75% of the Units to Unit Owners other than the Declarant. The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board before termination of that period; but in that event he may require, for the duration of Declarant Control Period, that specified actions of the Association or Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective.

(b) Election of Members During Transfer of Declarant Control. Not later than 60 days after conveyance of 25% of the Units to Unit Owners other than the Declarant, not less than 25% of the members of the Board shall be elected by Unit Owners other than the Declarant. Not later than 60 days after conveyance of 50% of the Units to Unit Owners other than the Declarant, not less than 33 and 1/3% of the members of the Board shall be elected by Unit Owners other than the Declarant.

(c) Election of Members and Officers Following Declarant Control. Not later than the termination of the Declarant Control Period, the Unit Owners shall elect a Board of at least three members, at least a majority of whom must be Unit Owners. The Board shall elect the officers. The persons elected shall take office upon election.

13.3 Other Declarant Rights:

The Declarant reserves the right, for so long as it shall remain the owner of any of the Units, to change the price or value of such Units. However, no change in the price or value of any of the Units shall change or otherwise affect the Common Ownership Interests of any of the Units in the General and Limited Common Elements within the Condominium or in the percentage of ownership in the Association.

13.4 Declarant Protection.

The Association, when controlled by the Owners, shall not take any action that would be detrimental to the sale or sales of a Unit or Units owned by the Declarant, and shall continue the same level of maintenance, operation and services as provided immediately prior to their assumption of control, until the last Unit is sold by Declarant.

ARTICLE 14 - PROVISIONS BENEFITING TOWNSHIP

14.1 Township's Right to Enforce.

The Township shall be a third party beneficiary of the provisions of this Declaration requiring the Association to maintain the Common Facilities , and the Controlled Facilities to the extent specifically required by the Township in connection with approval of the Land Development Plan. The Township shall have the right (but not the obligation) to compel the maintenance of the Common Facilities and Controlled Facilities in the event that the Association fails to do so, provided that the Township shall give prior written notice to the Association of such failure and provide the Association with opportunity to cure such failure. The Association shall have thirty days from receipt of such notice to cure the existing default; provided that if the default is of such a nature that it may require longer than thirty days to cure it, and the Association begins to cure the default within thirty days and thereafter diligently proceeds to cure the default, then the grace period shall be extended for the time reasonably necessary to cure same. In the event of an emergency that may require immediate action for the public good, the Township will seek to give the Association at least 24 hours prior notice, but if the situation requires immediate action, then the notice and cure periods may be waived and the parties shall take such action as may be necessary to address the emergency situation. The amount of any expenses incurred by the Township and charged to the Association in connection therewith shall be a General Common Expense and/or a Limited Common Expense of the Association.

14.2 Limit on Township's Obligations.

No provisions of this Declaration which grant any rights to the Township shall be construed to impose any obligation of maintenance or repair of any of the Common Facilities and/or the Controlled Facilities on the Township, and nothing in this Declaration shall be construed as imposing any such obligation on the Township. In the event that under any provision of this Declaration, or otherwise, the Township has the right to enforce the provisions of this Declaration relating to the maintenance or repair of the Common Facilities and/or Controlled Facilities and if such rights of enforcement are exercised by the Township, the Township shall have the right to charge the costs and expenses thereof to the Association , and such costs and expenses as are charged by the Township to the Association shall be a General Common Expense or a Limited Common Expense of the Association. The amounts that may become due to the Township may be enforced and collected in any other manner permitted by law, including an action under the Municipal Lien Law.

ARTICLE 15: GENERAL PROVISIONS

15.1 Severability of Provisions Hereof.

It is the intention of the Declarant that the provisions of this Declaration are severable so that if any provisions, conditions, covenants or restrictions hereof shall be invalid or void under any applicable federal, state or local law, the remainder shall be unaffected thereby. In the event that any provisions, condition, covenant or restriction thereof is, at the time of recording of this Declaration, void, voidable or unenforceable as being contrary to any applicable federal, state or local law, then the Declarant, its successors and assigns, and all persons claiming by, through or under the Association covenant and agree that any future amendments or supplements to the said laws having the effect of removing said invalidity, voidability or unenforceability, shall be deemed to apply retroactively to this Declaration thereby operating to validate the provisions of this Declaration which otherwise might be invalid and it is covenanted and agreed that any such amendments and supplements to the said laws shall have the effect herein described as fully as if they had been in effect at the time of the execution of this Declaration.

15.2 Non‑Waiver.

All the rights, duties and privileges of the Declarant, the Association and Board shall be deemed to be continuing and shall not be exhausted by any single act or series of acts. The failure of the Declarant, the Association and/or the Board to enforce any provision of the Declaration and or the Bylaws or to use or employ any remedy or right hereunder or hereafter granted shall not preclude its exercise in the future, nor shall such action, inaction or custom bind the Declarant, the Board or the Association or be construed to be a waiver, estoppel or release of the provisions of the Declaration and/or the Bylaws or of a waiver, estoppel or release with respect to the Declarant’s, the Association's and/or the Board's powers.

15.3 Declaration Governs.

In the event of a conflict between the Declaration and Bylaws, the provisions of the Declaration shall control.

15.4 Gender and Number.

The use of the masculine gender in the Declaration shall be deemed to refer to the feminine gender, and the use of the singular number shall be deemed to refer to the plural, or vice versa, as required in the context of the usage.

15.5 Captions.

The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof.

IN WITNESS WHEREOF, the Declarant has caused this Declaration to be signed, sealed and delivered as of the day and year first written above.

WITNESS: NEVERSINK ROAD, INC, a wholly owned subsidiary of JENMAC CORP.

By:

Name:

Its:

JENMAC CORP.

By:

Name:

Its: