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HomeMy WebLinkAbout2275220 Return to: Tarlow Stonecipher&Steele, PLLC 1705 West College Street Bozeman, MT 59715 THIRD AMENDED AND RESTATED DECLARATION FOR SUNLIGHT CONDOMINIUMS This Third Amended and Restated Declaration for Sunlight Condominiums (the "Third Amendment") is made and entered into this 7th day of August, 2007, by Sunlight Investments, LLC, the Declarant under the Declaration for Sunlight Condominiums recorded May 2, 2006 in the records of Gallatin County, Montana under Document No. 2226724 (the "Declaration"), as subsequently amended by the First Amendment to Declaration for Sunlight Condominiums, recorded in the records of Gallatin County, Montana under Document No. 2232064., and the Second Amendment to Declaration for Sunlight Condominiums, recorded December 27, 2006 under Document No. 2252163, records of Gallatin County, Montana. THIS THIRD AMENDMENT DOES NOT CREATE ANY ADDITIONAL UNITS NOT CONTEMPLATED IN THE ORIGINAL DECLARATION FOR SUNLIGHT CONDOMINIUMS RECORDED MAY 2, 2006 UNDER DOCUMENT NO. 2226724. RECITALS WHEREAS, the Declaration provides for the formation of Sunlight Condominiums Owners Association, Inc., a Montana non-profit corporation established to administer the Condominium (the "Association"); WHEREAS, Article VII of the Declaration provides for amendment of the Declaration by the Association upon the favorable vote of at least 75% of the Unit Owners; WHEREAS, Article V(6) provides for Sunlight Investments, LLC, a Montana limited liability company, as the Declarant under the Declaration, to exercise the rights, Third Amended and Restated Declaration for Sunlight Condominiums / ! ++ I +++ l ! ! ++ Page 1 of 21 ✓ I�����������II����I������j�����III�1���I����I��II I Zge: 1 of 6 0/2007 02:27P Charlotte Mills-Gallatin co MTMISC 342.00 duties, and functions of the Board of Directors until seventy-five (75%) of the Units in the Condominium have been sold or conveyed; WHEREAS, the Declarant, upon the vote and approval of at least 75% of the Unit Owners as members of the Association, now desires to amend the Declaration to bring it into compliance with the rules, regulations and requirements of The Federal National Mortgage Association ("Fannie Mae") as set forth herein; and WHEREAS, unless otherwise defined differently in this Third Amendment, the definitions set forth in the Declaration, as subsequently amended, shall apply to the terms used in this Third Amendment. NOW THEREFORE, this Third Amendment amends and restates the Declaration, as subsequently amended, as follows: AMENDED AND RESTATED DECLARATION The property subject to this Declaration shall be known as the Sunlight Condominiums (hereinafter referred to as the "Condominium"). The address of the Condominium is 2701 West Babcock Bozeman, Montana 59718. The real property is located in Gallatin County, Montana and is more particularly described as follows: PARCELI: A tract of land lying in Tract 1 of the Fowler Subdivision, a subdivision of part of the SE'/4NW'/ of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southwest corner of said Tract 1 ; thence Northerly along the West line of said Tract 1 a distance of 213 feet; thence Easterly parallel to the South line of said Tract 1 a distance of 21 feet; thence Southerly parallel to the West line of said Tract 1 a distance of 213 feet, more or less, to a point on the South line of said Tract 1; thence Westerly along said South line a distance of 21 feet, more or less, to the point of beginning. As previously described in a Warranty Deed recorded in Book 138 of Deeds, Page 601 . PARCEL II: Tracts 2, 3 and 4 of Fowler Subdivision, a subdivision of part of the S E'/4NW'/4of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Third Amended and Restated II 2275220 Page 2 of Declaration Sunlight Condominiums IJ I�I�I� l� I Ijj l page: 2 of 46 I I 1 III I I II ( 08/10/2007 02:27P Charlotte Mills-Gallatin Co MTMISC 342.00 Declarant hereby declares that the Condominium described herein shall be held, conveyed, mortgaged, encumbered, leased, used, occupied, and improved subject to the terms, conditions, covenants, restrictions, and easements set forth in this Declaration, all of which are imposed for the purpose of enhancing and protecting the value and attractiveness of the Condominium. All terms, conditions, covenants, restrictions, and easements shall constitute covenants running with the land and are binding upon, and inure to the benefit of the Declarant, the Association, and any and all parties having or acquiring any right, title, or interest in and to any part of the Condominium. I. UNIT OWNERSHIP The Condominium shall be known as the Sunlight Condominiums. The Condominium is established pursuant to the Montana Unit Ownership Act, and contains individual Units for residential use, as set forth herein and in the Bylaws. Each Unit Owner in the Condominium shall have the exclusive right to his or her Unit, and shall have an undivided interest with all other Unit Owners to the Common Elements of the Condominium. II. DEFINITIONS The following definitions pertain throughout this Declaration, unless the context expressly provides otherwise: 1 . Aggregate Voting. Means the entire number of votes present or available to vote in person or by proxy on a particular matter. 2. Articles. Articles mean the Articles of Incorporation of the Association. 3. Association. Association means the Sunlight Condominiums Owners Association, Inc., a nonprofit corporation organized under the laws of the State of Montana. 4. Board of Directors. Board of Directors means the Board of Directors of the Association, as more particularly defined in the Bylaws. 5. Bylaws. Bylaws mean the Bylaws promulgated by the Declarant for the Association pursuant to this Declaration and the Unit Ownership Act. 6. Common Elements. Common Elements mean both General Common Elements and Limited Common Elements, as defined below: A. General Common Elements. General Common Elements include all Common Elements that are for the use of all Unit Owners and guests of Unit Owners of the Condominium, including but not limited to all parts of the Condominium not located within the boundaries of a Unit, including but not Third Amended and Restated Declaration for Sunlight Condominiums I 2275220 Page 3 of 21 111111111111111111111111111111111111111111111111111111Page: 3 of 02 charlotte Mills-Gallatin Co MTMISC 342.00 limited to: the real property; park areas; sidewalks; streets, specifically Sunlight Avenue, except for that portion crossed by the public right of way for Mendenhall Street; cul de sacs; underground sprinkling systems; irrigation wells; lighting; utility lines, including, but not limited to electrical, gas, cable television, telephone, water and sewer lines and connections serving all of the Units; landscaping; trees; plants; and all other materials and improvements separate from and outside of the Unit Boundaries and all other elements necessary for the safety, support, maintenance, and existence of the Condominium. Each Unit Owner shall have a designated percentage of ownership interest in the General Common Elements, as set forth in Article IV below. B. Limited Common Elements. Limited Common Elements mean those Common Elements that are reserved for the exclusive use of only those Unit Owners of the Unit to which they are appurtenant or that are limited and reserved for the common use of Unit Owners of more than one, but less than all, of the Units in the Condominium. Specifically, Limited Common Elements shall include, but shall not be limited to the following Common Elements located within or affixed to the exterior of each Unit: flues; vents; ducts; cables; conduits; public utility lines and connections commencing at the point they exit a specific Unit, including but not limited to, water, sewer, electrical, gas, telephone, cable television lines, and hot and cold water pipes, and all such utility pipes and lines that service less than all of the Units, (where they service all the Units, they shall be General Common Elements); all steps, porches, patios, and decks; the cement parking pad adjacent to each Unit; the exterior water spigots not attached to the Units themselves; and the yard space surrounding each Unit, as depicted on Exhibit "A". 7. Common Expenses. Common Expenses mean expenses of administration, maintenance, insurance, repair, or replacement of all General Common Elements, and all expenses of the Association, and any expenses declared Common by the Montana Unit Ownership Act. 8. Construction Materials. The principal materials of construction of the Condominiums are concrete for the foundations/slabs; composite siding for the exterior wall surfaces; sheetrock and wood trim for the interior wall surfaces; carpet and vinyl for floor coverings; and asphalt shingles on the roofs of the Units 9. Declaration. Declaration means this document and all Exhibits attached hereto, or incorporated herein by reference. 10. Declarant. Declarant means Sunlight Investments, LLC. 11. Eligible Mortgagee. Eligible Mortgagee means the holder of a first mortgage on a Unit that has submitted a written request that the Association notify it of any proposed action requiring the consent of a specified percentage of eligible mortgage holders. For purposes of this defined term, "mortgage" shall include a lien Third Amended and Restated Declaration for Sunlight Condominiums 2275220 Page 4 of 21 09�110/2007 002 27P 1111111111111111111111111111111111111111111111111111111 Charlotte Mills-Gallatin Co MTMISC 342.00 created by mortgage, deed of trust, contract for deed, an assignment of leases and rents, or any other consensual lien or title retention contract intended as security for an obligation. 12. Governing Documents. Governing Documents mean this Declaration, the Bylaws, the Articles of Incorporation of the Association, and any rules or regulations subsequently enacted or adopted by the Association. 13. Limited Expenses. Limited Expenses mean the expenses attributable to the maintenance, repair, and replacement of all Limited Common Elements and are expenses only of the Unit Owners having or sharing same interests in such Limited Common Elements for which the Limited Expenses are incurred. 14. Unit. Unit means each separate Unit of the Condominium, which includes and is, more or less, the house containing one or more rooms, intended for independent residential use, and which has a direct exit leading to a driveway, street or highway, or to a Common Element leading to a street or highway, whether directly or indirectly by way of an easement connecting to a street or highway. 15. Unit Boundaries. Each Unit shall include the space that lies within the Unit Boundaries, which Unit Boundaries include each of the Units shown, numbered, and designated on Exhibit "A". Each Unit consists of the space between and contained within the exterior finished surfaces of the exterior walls, floors, windows, doors, door jambs, and trim and below the upper plane surface of the shingles or exterior surface of the roof of each Unit and above the lower plane surface of the cement slab upon which the Unit is located. Each Unit shall specifically include the bury hydrant appurtenant to it. The Unit Boundaries do not include those areas defined as Common Elements in this Declaration, or designated as such on Exhibit "A". 16. Unit Designation. Unit Designation means the combination of numbers to identify the Units set forth on Exhibit "A" attached hereto. 17. Unit Owner. Unit Owner means the person owning a Unit in fee simple absolute individually, or as a co-owner in any tenancy recognized under the laws of the State of Montana. 18. Unit Ownership Act. Unit Ownership Act means the Montana Unit Ownership Act set forth in Title 70, Chapter 23, the Montana Code Annotated as it currently exists or as amended. III. EASEMENTS 1. Common Element Easement. A non-exclusive right of ingress, egress, and support throughout the General Common Elements is appurtenant to each Unit and all the General Common Elements shall be subject to such rights. Except as otherwise Third Amended and Restated Declaration for Sunlight Condominiums 2275220 Page 5 of 2 111111111111111111111111111111E111111III11111 E11111 ©8gi©,z007 ©2 27P Charlotte Mills-Gallatin Co MTMISC 342.00 set forth in this Declaration, each Unit Owner shall have the right to use the General Common Elements for all purposes incidental to the residential use and occupancy of the Unit, and any other incidental uses allowed by the Declaration, which rights shall be appurtenant to each Unit. 2. Easement for Utilities. Each Unit is burdened by non-exclusive easements for utility wires, lines, or other equipment that serves only one Unit or less than all of the Units. A non-exclusive easement, benefiting all Unit Owners, or only those Unit Owners served by the wires, lines, or equipment, shall exist through, over, and across each Unit for structural support of the utility wires, lines, and equipment and for the use, inspection, insulation, maintenance, replacement, and repair of any such wires, lines, or equipment. The Association shall have an easement for ingress and egress for the purpose of inspecting, installing, maintaining, replacing, and repairing any such utility wires, lines, or equipment and for the continuing maintenance, repair, and replacement of all Common Elements in the Condominium. 3. Declarant Easements. The Declarant reserves easements over, on, and through the Common Elements for access, ingress, egress, and for maintenance repair, and replacement of all Common Elements. IV. OWNERSHIP 1. Percentage of Interest. Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his or her Unit, and a percentage of undivided interest in the Common Elements as provided herein, so long as such use does not unreasonably interfere with the rights of other Unit Owners. Such percentage of interest represents the Unit Owner's ownership interest in the General Common Elements and the Unit Owner's liability for Common Expenses. The percentage of interest was calculated by computing the perceived relative value of each Unit, based on square footage and other characteristics, in relation to the combined value of all Units as set forth on Exhibits "A", "B", and "D", which are attached hereto. 2. Floor Plans and Exhibits. The Condominium consists of the real property described above, including a total of thirty-five (35), separate residential Units. The following Exhibits are attached and are incorporated into this Declaration by reference: Exhibit "A": The site plan of the Condominium showing the real property, the designation and location of the Units, and the Common Elements appurtenant to each Unit or to which each Unit has access. Exhibit "B": The floor plans showing the typical layout, dimensions, and elevations of each style of the Units of the Condominium; Exhibit "C": Certificate of Floor Plans executed by Mark A. Chandler, Registered Professional Engineer and Surveyor; and Third Amended and Restated Page 6 Declaration 21or Sunlight Condominiums 1111111111111111111111111111111111111111111111111111111+ 2g273o 4611 0/2007 02 27P Charlotte Mills-Gallatin Co MTMISC 342.00 Exhibit "D": The percentages of interest of each Unit Owner. 3. Use. The Units and Common Elements shall be occupied and used as follows: A. The Units shall be used only for lawful purposes, as residential housing for the Unit Owners, their families, guests, and invitees, including the rental thereof for residential purposes as set forth in this Declaration. Unit Owners shall be responsible for all violations of the Governing Documents, or damages caused to the Units or Common Elements by their families, guests, invitees, and tenants. All Unit Owners leasing their Units shall be responsible for maintaining their current address and contact information with the Association. B. There shall be no obstruction of the Common Elements, including the construction or maintenance of fences and the storage of any items of personal property in or on the Common Elements, without the prior written consent of the Association. C. Unit Owners shall not cause or permit anything to be placed, hung, or displayed on the exterior windows, walls, or roofs of a Unit and no signs, awnings, antennas, satellite dishes, or other reception devices shall be affixed to or placed upon the exterior walls, windows, or roofs of a Unit without the prior written consent of the Association. Portable air conditioning units, however, are allowable so long as they are maintained by the Unit Owners and removed seasonally by the Unit Owners. D. No Unit Owner shall make any alteration or modification to a Common Element without the prior written consent of the Association. Nothing shall be affixed to any Unit or to the Common Elements that would impair the structural integrity of any Unit. E. Nothing shall be altered, planted, cultivated, or constructed in or removed from the Common Elements, except upon the prior written consent of the Association. F. Nothing shall be done or kept in any Unit or on the Common Elements that would increase the rate of insurance for the Association or result in the cancellation of insurance for the Condominium. G. No improper, unlawful, or offensive activities shall be carried on in any Unit, or upon the Common Elements, nor shall anything be done that may be or becomes a nuisance to the Unit Owners of the Condominium. No unreasonably noisy activity shall occur in or on the Common Elements, or in any Unit. H. Household pets may be kept or maintained by a Unit Owner in his or her Unit; provided, however, that the number of household pets per Unit shall Third Amended and Restated Declaration for Sunlight Condominiums 2275220 Page 7 of 21 111El 111111111111111111111111111111 IE 111111 0Page: 7 of 46 81 110/2007 02:27P Charlotte Mills-Gallatin Ca MTMI5C 342.00 not exceed one (1) dog weighing ten (10) pounds or less, and one (1) indoor cat. All household pets brought outside a Unit shall be restrained by a leash at all times. Any Unit Owner who causes or allows any animal to be brought or kept on the Condominium shall indemnify and hold the Association harmless from any loss, damage, or liability that the Association may sustain as a result of the presence of any such animal on the Condominium. I. No unsightly conditions shall be maintained on or in any Unit or Common Element, including but not limited to on any patio, parking pad, porch, deck, or near any Unit. The Common Elements shall not be used for storage of supplies, materials, personal property, trash, or refuse of any kind. Each Unit Owner shall, at his or her own expense, maintain his or her own trash receptacle in areas designated for such receptacles at all times. Such trash receptacles shall not remain anywhere else on the Condominium except for short periods of time during which trash is collected. J. No signs or other advertising devices of any kind shall be displayed by a Unit Owner on a Common Element or on the exterior of a Unit, except for customary "for sale" or "for lease" signs. K. No Unit Owner shall park, store, maintain, or repair on the Condominium any boat, trailer, camper, recreational vehicle, commercial truck, or any non-operative vehicle without the written consent of the Association. No Unit Owner shall park more than four (4) passenger vehicles on the Condominium without the prior written consent of the Association. No Unit Owner shall park on or adjacent to Sunlight Drive, as this is a designated fire lane for the Condominium. The Association may effect the removal of any vehicle wrongfully parked on the Condominium, at the expense of the vehicle's owner, and the Association shall not be liable for any damages incurred by the vehicle owner in the removal of a vehicle in compliance with this section. L. The parking pad adjacent to each Unit shall be a Limited Common Element assigned to a specific Unit. The right to use the parking pad shall be appurtenant to the Unit and shall not be assigned by the Unit owner. 4. Association Rules. The Association may make rules and regulations consistent with the Governing Documents and the Unit Ownership Act concerning the use of the Condominium to reflect the needs and desires of the individual Unit Owners. Copies of all such rules, regulations, and any amendments thereto shall be furnished to all Unit Owners within a reasonable time after their adoption by the Association. In the event the Association adopts rules and regulations addressing an issue regulated by an ordinance of the City of Bozeman, which ordinance is more restrictive, then the ordinance shall control over any such rule or resolution. 5. Right of Access by the Association. The Association and its agents shall have access to each Unit and any Common Elements appurtenant thereto from time to Third Amended and Restated Declaration for Sunlight Condominiums 2275220 Page 8 of2, 111111111111111108ge©,2007 ©2 27P 111111111111111 1111111111111111 11111111 Charlotte Mills-Gallatin Co MTMISC 342.00 time, during reasonable working hours, upon notice to the Unit Owner, as may be necessary for maintenance, repair, or replacement to the Limited Common Elements appurtenant to the Unit. The Association and its agents shall also have access the Limited Common Elements appurtenant to the Units at all times, without notice, as may be necessary to make emergency repairs and replacements to the Limited Common Elements. V. ASSOCIATION 1. Membership. Upon becoming an Owner of said Unit, every Unit Owner in the Condominium shall automatically be a member of the Association, and shall remain a member of the Association until such time as his or her ownership ceases, whereupon membership in the Association shall automatically cease. 2. Function. The Association shall: A. Make provisions and policies for the general management, repair, and maintenance of the Common Elements; B. Levy and collect assessments, as provided for in the Governing Documents and Unit Ownership Act; and C. Enter into contracts for the management of the affairs of the Association and the Condominium, including but not limited to contracts for the maintenance, repair, and replacement of the Common Elements. 3. Votinq Requirements. Unless expressly stated otherwise by this Declaration, on all Association matters, each Owner shall have one (1) vote. When more than one (1) person owns any Unit, all such persons shall be members of the Association. The vote for any Unit with multiple Unit Owners shall be exercised as determined by the Unit Owners themselves, but in no event shall more than the allocated one vote be cast with respect to that Unit. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Governing Documents. 4. Compliance. All Unit Owners shall comply with the terms of the Governing Documents, and all rules, regulations, and decisions of the Association, as may be amended from time to time. A Unit Owner's failure to comply with any term of the Governing Documents, or any rule, regulation, or decision of the Association shall be grounds for the Association to commence an action against the Unit Owner to recover damages or injunctive relief, or both, including, but not limited to the reimbursement of all costs and attorney's fees incurred by the Association in connection with the action. 5. Maintenance of Common Elements. The Association shall maintain and keep in good repair the Common Elements of the Condominium. The Association shall also be responsible for replacing any materials removed in connection with the repair or maintenance of the Common Elements, or removing any materials left behind by any Third Amended and Restated Page 9 Declaration 21or Sunlight Condominiums I 1EI ( III IIIII IlfIP �IIII��IIII IIIII I! IIIII ll��IN �25 ? P Charlotte Mills-Gallatin Co MTMIIIIIIISC 342.00 such repair or maintenance. The Association shall make reasonably necessary repairs and maintenance to ensure the Common Elements do not unnecessarily deteriorate. 6. Declarant Control. Notwithstanding any other provisions to the contrary in the Governing Documents, Declarant reserves the right to exercise the rights, duties, and functions of the Board of Directors until seventy-five (75%) of the Units have been sold or conveyed. 7. Notices to Eligible Mortgagees and Guarantors', Responsibility for Providing Addresses for Notice. The Association, and the Declarant prior to the time a board of directors of the Association is installed, shall give timely written notice to eligible mortgagees and any guarantor of the mortgage on any Unit of the following: A. Any condemnation or casualty loss that affects either a material portion of the condominium project or the Unit securing the mortgage; B. Any sixty-day delinquency in the payment of assessments or charges owed by the Owner of any Unit on which it holds the mortgage; C. A lapse, cancellation, or material modification of any insurance policy maintained by the Association; and D. Any proposed action that requires the consent of a specified percentage of eligible mortgagees. It is the responsibility of the Unit Owner, and any eligible mortgagee and guarantor of the mortgage on any unit, to provide written notification to the Association or the Declarant as applicable, of the address of the eligible mortgagee's and the guarantor of the mortgage's address to be used to give the notices required by this paragraph, and neither the Association nor the Declarant has any responsibility for actively seeking out or acquiring such addresses for the purposes of notifications. Vl. ASSESSMENTS 1. Levying of Assessments; Purposes. The Association shall levy assessments upon the Unit Owners in the following manner and for the following purposes: A. The Board of Directors of the Association shall establish and levy annual assessments in the amount that the Board of Directors estimates will be sufficient to generate funds necessary to perform the duties of the Association under the Governing Documents for each fiscal year. The Association shall levy assessments for the maintenance, repair, replacement, insurance, management, and administration, of the Common Elements, as well as for the payment of all utilities used in connection therewith. Assessments may also be levied for the accumulation of reserves for contingent liabilities and the payment of all expenses for administration of the Association and any other related items and Third Amended and Restated Declaration for Sunlight Condominiums 2275220 111111111111111 El 111111 0 8110/10 o 02 z7P Page 10 of 21 Page: 10 of 46 Charlotte Mills-Gallatin Co MTMISC 342.00 all purposes contemplated by the Montana Unit Ownership Act. All assessments shall be levied and computed by using the percentage of ownership interest that each Unit Owner has in the Common Elements. B. The Association may also levy assessments for the payment of maintenance, repairs, and replacement of the Limited Common Elements. Individual Unit Owners shall share in the payment of Limited Common Expenses for the repair, maintenance, and replacement of Limited Common Elements of their respective Units, in accordance with the percentage the Unit or Units have in the Limited Common Element for which the assessment is being made. For example, if only one Unit is associated with the Limited Common Element at issue, then the specific Unit Owner shall bear the entire cost of repair, maintenance, and replacement of the Limited Common Element. If three Units are associated with the Limited Common Element at issue, each Unit Owner shall bear one-third of the cost of repair, maintenance or replacement of the Limited Common Element. C. The Board of Directors may, at any time, levy special assessments to raise funds for unexpected Common Expenses, insufficient operating or reserve funds for Common Expenses, or any other purpose that as the Board, in its sole discretion, considers to be appropriate. The Association's annual assessment shall also include a portion for reserves, as determined by the Board of Directors, to adequately meet the costs of future insurance increases, and repairs, replacements, or additions to the Common Elements. Reserves for Common Expenses shall be assessed according to the Unit Owner's percentage interest in the Condominium. Reserves for Limited Common Elements shall be assessed to the Units to which they are appurtenant. D. The Board of Director's authority to impose assessments on any Unit shall be limited. No imposition of annual assessments that exceed by 20%, the annual assessment levied for the immediately preceding fiscal year, nor the imposition of any special assessment that exceeds 10%, of the Association's total budget for the immediately preceding fiscal year may be imposed, unless the Association approves such an assessment, by the consent of 75% of the voting interest of the Association members. E. Notice of the assessment, whether special or general, the amount thereof, and the purpose for which it is made, shall be served by the Board of Director's upon all Unit Owners by delivering a copy of the notice to each Unit Owner, either personally or by mailing a copy of the notice to the Unit Owner at his or her address of record, at least ten (10) days before the date set by the Board of Directors for the meeting scheduled to consider the adoption of such assessments. All assessments shall be due ten (10) days from the date of notice of such assessment. Any assessment that remains unpaid thirty (30) days from the due date shall be delinquent and shall be subject to interest and penalty charges at the maximum amount allowable by law. Third Amended and Restated Page 11 io 227rJ22O of 2or Sunlight Condominiums El 111111 0age: 100of046 I 111111111111111111 27P Charlotte Mills-Gallatin Co MTMISC 342.00 2. Liens and Foreclosures. All amounts assessed, but unpaid for a Unit Owner's share of General Common Expenses and Limited Common Expenses shall constitute a lien on the Unit, which shall have a priority to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, all sums unpaid on a first mortgage or trust indenture of record. The Board of Directors shall prepare a written Notice of Lien Assessment, setting forth the amount of the unpaid assessments, the amount of accrued interest and late charges, the name of the Unit Owner, and the description of the Unit. This Notice shall be signed by a member of the Board of Directors and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Any lien for delinquent assessments may be enforced by the Association by foreclosing in a manner provided for in the Unit Ownership Act for the foreclosure of a mortgage on real property. The Unit Owner shall be required to pay the costs, expenses, and attorney's fees incurred by the Association in preparing, filing, and foreclosing the lien. 3. Foreclosure Proceedings. The Board of Directors of the Association shall have the right to bid on the Unit at a foreclose sale and to acquire, hold, lease, mortgage, and convey the Unit pursuant to the sale. The lienholder holding a lien on the Unit may pay any unpaid General Common Expenses or Limited Common Expenses payable with respect to any Unit, and upon such payment, such lienholder shall have a lien on the Unit for the amounts paid, with the same priority as the lien securing his encumbrance. 4. Mortgagee's Responsibility; Delinquent Assessments. When a Unit Owner voluntarily conveys a Unit, the grantee of the Unit shall be jointly and severally liable with the grantor for all unpaid Association assessments up until the time of conveyance, without prejudice to the grantee's right to recover from the grantor any amounts attributable to the grantor before conveyance. Any such grantee shall be entitled to a statement from the Board of Directors of the Association setting forth the amount of unpaid assessments due from the grantor before conveyance. When a mortgagee or other lienholder acquires title to a Unit as a result of a foreclosure proceeding, such titleholder, its successors or assigns shall not be liable to the Association for any assessment or Common Expenses levied against the Unit prior to the party obtaining title to the Unit. Any such unpaid Common Expenses or assessments shall be deemed Common Expenses, collectable from all the Units Owners, including the mortgagee or lienholder acquiring title, his successors or assigns. VII. AMENDMENT 1. Amendment. At any regular or special meeting of the Association, a Unit Owner or a member of the Board of Directors may propose a resolution to amend this Declaration. Upon adoption of the resolution by a majority vote of those present at the Association meeting, the amendment shall be made a topic of consideration at the next regularly scheduled meeting of the Association, which shall not be scheduled less than sixty (60) days after the resolution of the Association. Third Amended and Restated Page 12iof for Sunlight Condominiums I 11111111111111 E�11 1111111111111111111111111111 Z2o46 P Charlotte Mills-Gallatin Co MTMISC 342.00 A Notice of Amendment of the Declaration shall be included in the notice of the meeting as required by the Governing Documents. This Notice of Amendment shall also be mailed, via certified mail, return receipt requested, to all Eligible Mortgagees. Any proposed amendment shall be voted upon at the next duly noticed meeting, which shall be scheduled at least sixty (60) days after the resolution of the Association and notice to Unit Owners and Eligible Mortgagees. The proposed amendment shall be approved only with the favorable vote of at least 75% of the Aggregate Voting interest of the Unit Owners. Further, no amendment of the Declaration of a materially adverse nature to Eligible Mortgagees may be made by the Association without the prior written consent of Eligible Mortgagees representing at least 51% of the Units subject to first position mortgages of Eligible Mortgagees. An amendment shall not be considered materially adverse if it is for the purpose of correcting technical errors, clarifying matters or effectuating the annexation of an Additional Unit by the Declarant as provided below. Notwithstanding the Declarant's annexation rights, any other amendment that establishes, governs or regulates an interest of Eligible Mortgagees, including an amendment or action to terminate the status of the Condominium under the Unit Ownership Act after substantial destruction or condemnation, or for other reasons such as removal of the Condominium from the Unit Ownership Act, shall be considered materially adverse. Any proposed amendment shall be deemed approved by an Eligible Mortgagee if it fails to object, consent or respond to a written proposal for amendment within sixty (60) days after the date of mailing the written proposal. If approved, the Association shall prepare and file an amendment to the Declaration with the Clerk and Recorder of Gallatin County, Montana. Such an amendment need only be signed by the President and Secretary of the Association to be recorded and effective. 2. Declarant's Reserved Right to Amend. Notwithstanding anything set forth in this paragraph, the Declarant reserves the exclusive right to amend the Declaration at any time prior to the sale or lease of the first Unit. 3. Future Development. A. Declarant reserves the right to expand the Condominium by annexing into it, in the manner permitted by law, an additional potential Unit, as depicted on the Exhibit "A", which is attached hereto ("Additional Unit"). Before any such annexation, Declarant hereby expressly reserves the right to occupy, use, and benefit from the Common Elements appurtenant to this Additional Unit notwithstanding any provision to the contrary contained in the governing Documents. Upon Annexation, The Unit Owners of this Additional Unit will be entitled to the use of and a percentage of interest in the Common Elements, which percentages shall be determined by adjusting all Unit Owners' percentages of interest in the Condominium, as expanded, based upon the Third Amended and Restated Declaration for Sunlight Condominiums Page 13 of 21 22752 46 20 089 f 110/2007 :0227P Charlotte Mills-Gallatin Co MTMISC 342.00 relative value of each Unit in relation to the total adjusted value of all Units in the Condominium, as determined by the Declarant. The Declarant is authorized to file, upon the completion of any Additional Unit, revised Exhibits to this Declaration, setting forth the amended Unit Designations and restated percentages of interest in the Condominium attributable to each Unit Owner. Declarant shall not, however, be required to add any Additional Unit to the Condominium. Upon the completion and annexation of any Additional Unit, the percentages of interest in Common Elements attributable to and owned by the Unit Owners will decrease accordingly. By purchasing a Unit in the Condominium or taking a security interest in a Unit, each Unit Owner and Mortgagee agrees to the reduction of his or her percentage of interest in the Common Elements upon the completion and annexation of the Additional Unit. B. The Additional Unit shall be annexed to the Condominium by filing of record in the office of the Clerk and Recorder of Gallatin County, Montana, an appropriate amendment to the Declaration, which contains: i. An amended site plan showing the Units and Unit Designations; ii. Additional floor plans illustrating, for the Additional Unit, the layouts and dimensions of the Additional Unit, the Additional Unit's Designation, and the Limited Common Elements attached to the Additional Unit; iii. An amended Exhibit "D" to show the Unit Owners' amended percentages of interest in the Condominium, as expanded to include the Additional Unit. Each Unit Owner's percentage interest will be reduced as a result of the Additional Unit. iv. Such other documents as may be necessary to incorporate the Additional Unit into the Condominium in accordance with the Act. C. Declarant hereby reserves and has the right to execute, file and record any documents reasonably necessary to annex the Additional Unit into the Condominium, and all Unit Owners, the Association, lien holders, mortgagees, and all others acquiring any interest or lien in a Unit or Common Element shall be bound by the foregoing rights of the Declarant. Declarant is hereby appointed the Unit Owners' and lien holders' attorney-in-fact to execute and record such annexation documents, and no additional consent of any Unit Owner or lien holder shall be required. These provisions shall be deemed a covenant running with the Condominium. D. Upon the execution and recording of any documents to annex the Additional Unit to the Condominium as provided herein, the Unit Owners, lien Third Amended and Restated .�, ,� Page Declaration 21r Sunlight Condominiums I 1EI 11111111111111111111111111111 III 1111111111111g Pa1: 14 of©2627P Charlotte Mills-Gallatin Co MTMISC 342.00 holders and mortgagees shall be bound and subject to the terms, provisions, conditions, and consequences of these documents. Copies of the recorded annexation documents shall be mailed to each Unit Owner and to the Association promptly upon recordation. After recording the applicable documents, any transfer, deed, encumbrance, lien, mortgage or assessment shall reflect a Unit Owner's amended percentage of interest in the Condominium. The failure of any Unit Owner to accurately reflect or state the new percentage of interest shall not void any document, and the error may, at anytime, be corrected by the appropriate corrective document. VIII. ASSIGNMENT The Declarant may freely assign any or all rights or powers granted or reserved to it in the Governing Documents. Any such assignment of transfer shall be made by the appropriate written instrument duly recorded in the office of the County. IX. CHANGES, REPAIRS, LIENS 1 . Alterations by Unit Owners. No Unit Owner may make any change in the boundaries of a Unit, nor shall a Unit encroach upon the boundaries of the Common Elements, except by amendment to this Declaration as provided herein. 2. Maintenance by„Unit Owner. A Unit Owner shall maintain and keep, in good repair, his or her own Unit. All fixtures, utility lines, and equipment installed in the Unit, commencing at the point where the utility lines or equipment enter the Unit shall be maintained and kept in good repair by the Unit Owner. A Unit Owner shall not act, or do any work or repairs on his or her Unit that will impair the structural soundness or integrity of the Unit, or the Condominium as a whole, or any easement appurtenant to any Unit. 3. Exterior Alterations. No Unit Owner may change, alter, or remodel the exterior of his or her Unit unless the changes, alterations, or remodel is consistent with the terms of the Governing Documents and approved by the Association. 4. Maintenance by Association. The Association shall take all necessary steps to ensure that the Common Elements do not unnecessarily deteriorate, including, but not limited to repair and maintenance to sidewalks and streets, including but not limited to snow removal from the sidewalks and streets, and any salting, patching, or other repairs to the sidewalks and streets and the maintenance and cutting of all landscaping on the Condominium including all lawns, trees, and shrubbery. The Board of Directors shall annually inspect the Common Elements and assess any necessary maintenance or repairs. 5. Liens for Modifications. Any labor performed or materials supplied and incorporated into a Unit at the request of a Unit Owner, his agent, contractor, or any subcontractor thereof, may form the basis for the filing of a construction lien against the Third Amended and Restated Page Declaration 21r Sunlight Condominiums 1111111111111111111111111111111111111111111111111���� 2 ��2Charlotte Mills-Gallatin Co MTMISC 342.00 Unit at issue, and not the Condominium as a whole. Any such Unit Owner consenting to or requesting the materials or labor constituting the basis of the lien shall indemnify and hold harmless all other Unit Owners and the Association from any such liability, costs and fees arising from the lien. X. INSURANCE 1. Insurance. The Association and Unit Owners, as the case may be, shall purchase and maintain the following insurance policies on the Common Elements and Units from an insurance company authorized to do business in the State of Montana. A. Association. The Association is authorized to purchase and maintain such insurance coverage for the Common Elements and for the Association as it determines reasonable, including but not limited to the following: i. Casualty Insurance. The Association shall insure all Common Elements in an amount equal to their replacement value, which coverage shall afford protection against the following: a. Loss or damage by fire and other hazards covered by standard extended endorsement; and b. Such other risks including flood and earthquake loss as from time to time shall be customarily covered with respect to improvements similar in construction, location, and use, including, but not limited to, vandalism and malicious mischief. ii. Public and General Liability. The Association shall obtain and maintain public liability insurance covering all of the Common Elements and insuring the Association and the Unit Owners as their interests may appear in such amount and with such coverages and endorsements as the Board of Directors may deem appropriate. The Board of Directors shall have authority to compromise and settle all claims against the Association or upon insurance policies held by the Association. iii. Board of Directors Errors and Omissions. The Association may maintain errors and omissions insurance for members of the Board of Directors if the Association so desires, in amounts to be determined by the Board of Directors. iv. Other Coverage. The Association may maintain such other coverage as the Board or Directors of the Association shall determine from time to time as appropriate and as may be required by federal and state law. Third Amended and Restated I �IIII�I�I f + I 2275220 Declaration for Sunlight Condominiums I I I !I Illlffllffllllll II !I II���� ,16 or 46 Page 16 of 21 2007 02:27P Charlotte Mills-Gallatin Co M7MISC 342.00 V. Copies of Policies. Upon written request by a Unit Owner, or a mortgagee thereof, the Association shall furnish a copy of each insurance policy maintained by the Association. B. Unit Owners. Unit Owners shall obtain insurance coverage, at their own expense, to insure their individual Units and personal property against loss or damage by fire and such other hazards in such amounts as the Unit Owner determines reasonable and shall maintain this insurance at all times during ownership of the Unit. Upon request, a Unit Owner shall furnish the Association with proof of the insurance required hereunder. The Association shall not insure any Unit or its contents other than common elements. 2. Named Insured; Insurance Trustee. The named insured on Association polices shall be the Association and the Board of Directors designated as the insurance trustee and agent for the individual Unit Owners. Payments for losses under the policies shall be paid to the Board of Directors as the trustee, in trust for the Unit Owners, and all polices and endorsements thereon shall list the Board of Directors as the insurance trustee. The insurance trustee is irrevocably appointed the agent for the Association and all Unit Owners, as well as their mortgagees, to adjust all claims arising under insurance policies purchase by the Association, and to execute and deliver releases upon payment of these claims. 3. Insurance Premiums. The Association shall pay all premiums for insurance policies required of this Association in this Declaration, as a common expense, except in the increased premiums resulting from a Unit Owner's misuse, negligence, or abandonment of his Unit, which increase shall be assessed directly against any such Unit Owner. 4. Reconstruction After Casualtv. A. Repair After Casualtv. If any part of the Condominium is damaged by a casualty, the Board of Directors shall determine whether it can be reconstructed or repaired in the following manner: i. If the Board of Directors finds a Unit or Units to be tenantable after such casualty, the damaged Unit or Units shall be repaired by the Unit Owner(s). ii. If the Board of Directors finds a Unit or Units to be nontenantable after a casualty, then, at the discretion of the Association, the Unit shall be either rebuilt by the Unit Owner, or if the Association elects not to rebuild, the Unit shall be subject to the applicable provisions of the Unit Ownership Act. Third Amended and Restated }} 22752 0 f 46 Declaration for Sunlight Condominiums 06110/200702:27P Page 17 of 21 Charlotte Mills-Gallatin Co MTMISC 342.00 iii. In the event the Association elects not to rebuild any Unit damaged by casualty, as set forth in Mont. Code Ann. § 70-23-802, the insurance proceeds payable with respect to any such casualty shall be used to satisfy any outstanding liens or encumbrances on the Unit, and then disbursed as provided in Mont. Code Ann. § 70-23-805. B. Plans. If a Unit is damaged as a result of a casualty, any reconstruction or repair to that Unit must be substantially in compliance with the plans and specifications for the original Unit, or if any such reconstruction or repair does not substantially comply with the original plans and specifications, it must be approved by at least 75% of the Aggregate Voting Interest prior to any reconstruction or repair, and must be effected by an amendment to this Declaration. C. Percentage of Interest. In the event a Unit Owner elects to repair or replace a Unit with a larger or more valuable Unit, the plans of which are approved as set forth herein, the Unit Owner shall be bound by his or her original percentage of interest, as calculated in this Declaration, or the amended percentage of interest, as provided for herein. D. Removal/Replacement of Unit. No Unit may be divided or subdivided into a smaller Unit or any portion thereof sold or otherwise transferred. By purchasing a Unit in the Condominium or taking a security interest in a Unit, each Unit Owner and Mortgagee does, however, agree that in the event a Unit is damaged or destroyed and must be replaced and therefore removed from the real property, each Unit Owner and Mortgagee will execute a form Reversal of Declaration of Manufactured Home as Improvement to Real Property (or the appropriate form required by the Montana Department of Justice, Motor Vehicle Division at the time) to remove and transport the Unit from the Condominium. The Common Elements of the Condominium shall not be partitioned, subdivided, encumbered, sold, or otherwise transferred without compliance with the terms of this Declaration. XI. REMOVAL FROM UNIT OWNERSHIP ACT; PARTITION 1. Removal. The Condominium may only be removed from Unit Ownership, or may only be partitioned or sold upon compliance with each of the conditions of this paragraph and with the Montana Unit Ownership Act: A. The Board of Directors and the requisite percentage of Eligible Mortgagees shall approve any plans for removal or partition, and any such approval shall include the details of how any such removal or partition is to be accomplished in compliance with the Montana Unit Ownership Act. XII. INTERPRETATION Third Amended and Restated ++ 2275220 DecratI Page 18ion foof 21r Sunlight Condominiums I Illi��IIIII Il���IIIIII� lIII IIIII IIIII III 0Page: IS o8/10/2D07f0246 :27P Charlotte Mills-Gallatin Co MTMISC 342.00 The terms of this Declaration, and all other Governing Documents shall be liberally construed to effect the purposes of the Declaration and Governing Documents and to create a Condominium under the terms of the Montana Unit Ownership Act. All terms of this Declaration and other Governing Documents shall be construed under Montana Law, XIII. REMEDIES All remedies provided for in this Declaration and the Governing Documents shall not be exclusive of any other remedies that may be available to the parties at law or in equity. in any action to enforce the terms of this Declaration or any other Governing Documents, the prevailing party thereto may recover his or her or its attorney's fees and court costs. XIV. SEVERABILITY It is intended that each section of this Declaration shall be viewed as separate and divisible, and in the event any section or term shall be held to be invalid, the remaining sections and terms shall continue to be in full force and effect. XV. MISCELLANEOUS 1. Service of Process. The name and address of the initial person to receive service of process for the Association and the Condominium shall be Dennis Balian, of 2701 West Babcock, Bozeman, Montana 59718, until such other designation is filed of record with the Gallatin County Clerk and Recorder. 2. Right to Examine Association Books. Every Unit Owner and first mortgagee shall have the right to examine the books and records of the Association by making a request upon the Association, in writing, to do so at least ten (10) days prior to the requested inspection date. The Association and any such Unit Owner or mortgagee shall then schedule a mutually agreeable time and date during normal business hours for the examination of the Association's books. 3. Notice, A. To Unit Owners. For all purposes, any notice required or allowed by the terms of this Declaration or the Governing Documents shall be deemed given when hand delivered to a Unit Owner or mailed to the Unit Owner via First Class U.S. Mail posted to the address given in writing by the Unit Owner to the Association or to any Member of the Board of Directors or the Declarant, so long as the Declarant owns at least twenty five percent (25%) of the Units. If a Unit Owner fails to give written notice of his or her address for purposes of notice as set forth in this paragraph, the Unit Owner's address for the purposes of notice shall be conclusively presumed to be the address of the Unit Owner appearing on the instrument of record by which the Owner acquired a fee simple interest in Third Amended and Restated Declaration for Sunlight Condominiums llf�lll��ll�ll Page 19 of 21 ��l�llll�l�l� 2275220 1011111111111111111111 0e„0,2e07 Charlotte Mills-Gallatin Co MTMISC 342.00 D2:27P any Unit or became a purchaser of any interest in a Unit under a contract for deed. B. To Lienholders and Eligible Mortgagees. Any notice required or allowed by the terms of this Declaration or the Governing Documents to be given to a lienholder or Eligible Mortgagee of the Unit shall be deemed given when hand delivered or mailed to the lienholder via Certified Mail, return receipt requested, posted to the address for the lienholder or Eligible Mortgagee given by it, or by the Unit Owner of the Unit to which the lien attaches, to the Association, or to any Member of the Board of Directors, or to the Declarant, as long as the Declarant owns one or more Units. If a Unit Owner and a lienholder fail to give written notice of the lienholder's address for purposes of notice as set forth in this paragraph, notice shall be deemed given to the lienholder when hand delivered or mailed via certified U. S. mail to the Unit Owner at the Unit Owner's address appearing on the instrument of record by which the lienholder acquired a lien on the Unit. C. To the Association or Declarant. All notices required or permitted to be given or delivered under this Declaration to the Association or the Declarant shall be deemed to have been given when hand delivered or deposited in the U.S. Mail addressed to the Association or the Declarant as follows: To Association: PO Box 11552 Bozeman, MT 59719 To Declarant: Sunlight Investments, LLC c/o Dennis Balian 2701 West Babcock Bozeman, MT 59715 4. Binding Effect. Except as modified in this Third Amendment, the Declaration, as subsequently amended, shall remain in full force and effect. Sunlight Investments, LLC By: k U Dennis Balian Its: Manager State of Montana } Third Amended and Restated 2275220 Declaration for Sunlight Condominiums 08$ei 20 of 2527P Pae20of21 1111111111111111111111 g 111 1111111 Charlotte Mills-Gallatin Co MTMISC 342.00 ss. County of Gallatin ) This instrument was acknowledged before me on the 10-day of August, 2007, by Dennis Balian, Manager of Sunlight Investments, LLC. Notary Public for tState of Montaina '} Printed:-Name: OIOAAef. ( S E A L ) Residing at: Wtommission Expires: April 11, 2011 Third Dec a ationdfoaSund{ightStated Condominiums I I��III IIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIEI11111111111111111111 �zaP Page 21 of 21 Charlotte Mills-Gallatin Co MTMISC 342.00 EXHIBIT A SITE PLA N SUNLIGHT CONDOMINIUMS iN7S9 3'31•E] ri 0R9 �I• 79.q 132.00 W 1/1e SO _ �• ,� 40'aw'Vnnr eo..Ment i_�.W UNlty Ewenwr� I II awmwdM04, TOiI' '^i 15'UIWIy Elwnenl tT7q.) 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OF P.M.M., CITY OF 807EMAN, GALLATIN COUNTY, MONTANA LEGEND GENERAL COMMON AREAS LIMITED COMMON AREAS i PUBLIC RIGHT OF WAY a TYPICAL CONDOMINIUM DIMENSIONS n N N o as'-4" N N o A UNIT 9, 21 , 33 AND 45 IN a 44'-4" N.- - a �~ N 46 4" 8 a UNIT 30, 42 AND 52 L U � 44'-4"- � E - i C UNITS 5, 17, 29, 41 AND 53 � N l v D UNITS 22, 34 AND 44 O s 40'-0„ s a r V O E I UNIT 13, 25, 37 AND 49 44'-0" F UNITS 26, 38 AND 48 44'-0' G UNITS 103, 107, 1 1 1 , 115, 119 AND 123 -- H 1 UNITS 102, 106, 110, 114, 118 `V J AND 122 68'-9" 5'--61 UNIT 8 68'-11" Engineering and Surveying Inc. 1091 Stoneridge Drive a Bozeman, MT 59718 Phone(406)587-1115•Fax(406)587-9768 www.chengineers.com •info@chengineers,com Sheet 2 of 4 #060,381 E J 0 EXHIBIT A SITE PLAN SUNLIGIT CONDOMINIUMS [N89' 3'31"El 089' 3'31" 19 .60 1�? e e (D 7 O — CV p —Z 000 ^V) u — — — — 40'x30' Utility Eoser. I x 20' Utility Easement a 11 Utility Easement (Typ.) I 70.31' 70.25' 1 L N 15' Utility Easement .. 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UNIT 106 � 1 tD 7 BUILDING G - t(a BUILDING H j I O O I L I W n LJ I U O concrete concrete J O IEII _ I D90'41'45" Pad Pod 09(7411'45" 0.41 80.1 ' J BUILDING G n n BUILDING }! f r7 l Z N I In I concrcle concrete Z I Pad I Pod i N 1 U O J O I { 80.46' 80.14' 089'26'39" 269-26.39" I (4792}x Utility Fnserr,ent- 15' Utility Easement (TYP•) _ 269'26'39' 089'26'39" x Scale In Feet I 80.23' i — —ao.43'_ ^N W - 00 0 EG o '-1 I o �°3 • ,� z UNIT 53 ^fi nF(JNIT 52 ~I `°BUILDING C Z18 ILDING e I r ()M W Seale In Meters II J� concrete concrete `JM 090'42'41" Pod pad 090.42�41" +� 8 .22' I a I Z UNIT 49 0 � UNIT 48 FW I r E BUILDING E to BUILDING F I OR am-, LJ e L I W rJ{ U 07 W to r� J concreteC r Concrete U WI M 090'1 2'41" pad pod 090142'41 ngineering and Surveying Inc. '0 � 80.P2 �oa� 1091 Stoneridge Drive•Bozeman,MT 59718 "� . Z z UNIT 45 o i n UNIT 44 t_- I Phone(408)587-1115 a Fax(406)587.9768 ' u www.changineere.com•info*chengineers.com Sheet 3 of 4 #06038(E?) EXHIBIT A SITE PLAN SUNLIGHT CONDOMINIUMS N I J concrete concrete U 'I Nap M 099k2'41" P°d p°d 090'42'141' a© �Q 80. 2' 80.41' w m u$� i UNlT 45 0 `�° UNIT 44 � M a f � f � BUILUINC A LO � BUILDING D j � N a© 'n w -- L.11 f 0 9 f J concrete concrete f a r f 090 42'41" pad P°d 090142 41" �— -r 8F3' 80141' � f I '= UNIT 41 o f BUILDING UNIT 42 I TRACT — Lo f f .-. BUILDING B W f O issimJ concrete concrete V N COS NO. 66 0'09 2'41" pod pod 090'4 f'41" Robert F. Heide 8 .23' ib 80. 2' Carol Lee Heide �� f UNIT 37 coe o tZ I f s BUILDING E in UNIT 38 Z o Ln U') BUILDING F _ f W n tiw r7 15Utility Easement (Typ.) 090' J2'41 �d —15' Utility Easement (Typ-) LE�s E 090-42-411 ° I 80 24' 80.42' o m Z UNITq -� ? 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BUILDING E � —r f Jconcrete � 09942'41" pad LCE-UNIT 80 27' 8 � f f r f z UNIT 9 LO 34-L-lti1ity-BYTement (Ty�.) In , LU UNIT V concrete c' UILDING 1 •°� f os Ya Z p� 090�42'41" f 8 .28' f F o N Scale In Feet UNIT 5 M 1D r M N M 0 —L•t� J 60 I BUILa1NG C N O Q7 I concrete 18 0 18 f w Pad Scale In Meters f f H 80.31 1 J1.29' �---- ' 4 1 --•— nginear'ing and Surveying Inc. 1091 Stoneridge Drive-Bozeman. MT 59716 Phone(4061 587-1 1 1 5 •Fax(408) 587.9768 www.chengineers.com •info@chengineere.com Sheet 4 of 4 #06038(E I fi l7-Ir I le'-C l3'-LI• tjIZ-e' Or o� $ � s 6'-e• elm �g o� 101. �p tY y a p - 0.2 a Sa �a NP $3$3 2 o� e mg ® $ J§ Sao OT s� ,q IY-eC 12-0" 4 kl em W s s-s- s-a- r-lo• r-r r-� s-v' 19'-C SUNLIGHT CONDOMINIUMS EXHIBIT B,PAGE 1 of 18 Building"A"—Typical Floor Plan Units 9, 21, 33, 45 IIIIIIIIIIII IIIII IIIIII Illlil IIIII 1IIII III Illllli II II1l z '6ozP Charlotte Mills-Gallatin Co MTMISC 342.00 i f i aaa AWE n � • z t rn o -< z � m ooa ©aa m F v z D m r � rn � r * _ z � z SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 2 of 18 Building"A"—Typical Elevations Units 9,21, 33, 45 I Illlii IIIII IIlII Illlll I Page: 27 of 46 2275220 IIIlllllll 0e/10/2007 0 2.27P Charlotte Mills-Gallatin Co MTMISC 342.00 i i i 1 1 J 6' a w q s x i 1 vN� �[ ==M 16 ct f � � n o ® ? t ji-11 1"i te'..4• 9 o s�.a• I i � 1 I SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 3 of 18 Building "B" - Typical Floor Plan Units 30, 42, 52 I i - IIIIIII IIIII IIIII IIIIII Illlli II{II I 11111111111111111111 � '8ozP Charlotte Mills-Gallatin Co MTMISC 342.00 I .r.n r —n � 111I H T r y Z b a c:1d= i I I a I i I I _ I r b T m IMID SUNLIGHT CONDOMINIUMS f EXHIBIT B, PAGE 4 of 18 Building"B" Typical Elevations Units 30, 42, 52 I Illlii IIIII lull IIIIII II 11111III IIIII III III 111I IIII z z 29 o46 P Charlotte Mills-Gallatin Co MTMISC 342.00 I i n o' I I o � I Y Ib io� a• I I u 4 Y i I I I i SUNLIGHT CONDOMINIUMS j EXHIBIT A, PAGE 5 of 18 ' Building"C"--Typical Floor Plan Units 5, 17, 29, 41, 53 I Page: 30 of 46 2752227P Charlotte Mills-Gallatin Co MTMISC 342.00 i i I _ - y _ i m A 1 I� I r _ r m - - D N V SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 6 of 18 Building"C" —Typical Elevations j Units 5, 17,29, 41, 53 IIIIII I�fl����II II� �IIIIII 2275220 31o46 1111111111111 IN 111111111 P Charlotte Mills-Gallatin Co MTMISC 342.00 it I I I s p� 'O{ a $} i i F f 19. T � [ Ct y I I � a I S _ w 4 SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 7 of 18 Building"D" Typical Floor Plan Units 22, 34, 44 IIIIII IIIII IIIII IIIIII IIIIII IIIII IIIII III IIIII Ills IIII � �z46 Charlotte Mills-Gallatin Co MTMISC 342.00 i .. ... --- - T� _m ©OO _ m P Z i i - - SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 8 of 18 l Building"D"--Typical Elevation~ Units 22, 34,44 4 I IIIIII IIIII IIIII IIIIII III � III IIIII IIIII III IIIII III I IIII 08110l2007of 46 02 27P Charlotte Mills-Gallatin Co MTMISC 342.00 i i 14. 1 I i i 1 tE z I' ® N; Ip ty_a a 11-1W i u ct ct ct a` e it --- r o e'e } I f SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 9 of 18 Building"E"—Typical Floor Plan I Units 13, 25, 37,49 I IIIllillllllllllllllllllllllllllllllll111llllllllllllll 08/10/2007?�'�? 27P Charlotte Mills-Gallatin Co MTMISC 342.00 n lei _ --ICE- -_-_-_--__ Z 4 m - - m-_ Z =S8 i z - . -- - - f y p ...._. O SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 10 of 18 13WIding"E"—Typical Elevations Units 13,25, 37, 49 I IIIIII IIIII IIIII IIIIII IIIIII IIIII IIIII III IIIII IIII IIII 2275220 f46 Charlotte Mills-Gallatin Cc MTMISC 342.00 i i i 5"9" B"6 1 o �V a ! I i SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE I 1 of 18 i Building "P'—Typical Floor Plan 1 Units 26, 38, 48 I IIII Illllllllllllllllllllllllllllllll111llllflfl II 2275220 46 P Charlotte Mils-Gallatin Co MTMISC 342.00 i - _ �. Jt• - AM u rn _K m b M O W r 0 nr -y z m z SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE; 12 of 18 Building"F" --Typical Elevations Units 26, 38, 48 08 12 O�VP Charlotte Mills-Gallatin Co MTMI5C 342.00 i I I i i i a - � a ® I R z 2 I SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 13 of 18 l Building"G"— Typical Floor Plan Units 103, 107, 1 1 I, 115, 119, 123 Page. o 46 Charlotte Mills-Gallatin Co MTMISC 342.00 _n oao x as fll —_O 2 r P O n i z 1 c� I { OC1C7 - ---- - ---- r a � SUNLIGHT CONDOMINIUMS I EXHIBIT B, PAGE 14 of 18 Building"G"—Typical Elevations Units 103, 107, 111, 115, 119, 12 3 I 111111 Pill11111111111111111 ?275220 11111111111111111111 08„0l2007 02.27P Charlotte Mills-Gallatin Co MTMISC 342.00 I I 3 � R_ a � I t I � i I m - �s u o r I a I a 0 i m@ I I' .I i SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 15 of 18 Building"H".._Typical Floor Plan Units 102, 106, 110, 114, 118, 122 I 'I IIIIIIIIIIIIIIIIIIIIIIIIIIIIillllIIIIIIIIIIIIIIIIIIIII g� 046 p Charlotte Mills-Gallatin Co MTMISC 342.00 _ m C� - m p 11 Z n z i m. ooa oars n. Ll m m � -1 o Iz SUNLIGHT CONDOMINIUMS EXHIBIT B, PAGE 16 of 18 Building"H" Typical Elevations Units 102, 106, 110, 114, 118, 122 I, _ I 11�11111�11�11111� � �� 0 1111�1�111111 ll1�11111� 11111 IF 111146 Charlotte Mills-Gallatin Co MTMISC 342,00 08110/2f?a7 02:27P __ Illill�����IIIII IIIIII lillll IIII�IlIII II!IIIIII������� ASof 46 P Charlotte Mills-Gallatin Co MTMISC 342.00 4 tw _ / f P -- - - - O a •d MW � O U W ......... (WY LV vv VA -- - i rs 3 t r 1 illiil Illll 1111i llllll ililll 11111111111111i1i11111 illl ? '3of � P Charlotte Mills-Gallatin Co MTMISC 342.00 c ---1 L_.._ _ .. to o ^ O U j If .� - L, 00 _o i ! o _ R pw � : 0 IIIH I, Lj aw e + I � i I l w 1 - l x ,,i all j ii 4Ji" to I �p � EXHIBIT C CERTIFICATE OF FLOOR PLANS The undersigned, being a duly registered professional engineer and land surveyor in the State of Montana,and having reviewed the floor plans for SUNLIGHT CONDOMINIUMS,attached to this Declaration herewith, certifies the following: That the site plan and floor plans for Units 5, 8, 9, 13, 17,21,22,25,26, 29,30,33, 34, 37, 38,41,42,44,45,48,49,52,53, 102, 103, 106, 107, 110, 111, 114, 115, 118, 119, 122,and 123,of the SUNLIGHT CONDOMINIUMS,as duly filed with the declaration and by-laws thereof,and situated on Tracts 2,3, 4,and a portion of Tract 1, FOWLER SUBDIVISION, City of Bozeman,are an accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman having jurisdiction to issue building permits. The site plan and floor plans render a hand representation of the actual site and buildings,and show the layout, location, unit designation and dimensions of each unit as built, and the common areas to which each unit has access. Dated: December 14, 2006 BARK A- °�,i by: Mark A. Chandler Registered Professional Engineer and Land Surveyor iis License No. 9518ES G:\e&h\06\06038\officeWertificate of Floor Plans.wpd I IIIIII IIII!IIIlI IIIIII IIII II IIIII 1111I III IIlIII I{{IIII 08/1012007�220 '4of zP Charlotte Mills-Gallatin Co MTMISC 342.00 Exhibit D Percentages of Interest Sunlight Condominiums Unit Number Percentage of Interest Unit 5 2.765% Unit 8 5,790% Unit 9 3.133% Unit 13 3.041 Unit 17 2.765% Unit 21 3.133% Unit 22 2.765% Unit 25 3.041 Unit 26 3.041% Unit 29 2.765% Unit 30 3.133% Unit 33 3.133 % Unit 34 2 765 Unit 37 3.041 % Unit 38 3.041 % Unit 41 2.765 % Unit 42 3.133 % Unit 44 2 765 Unit 45 3.133 Unit 48 3.041 1 IIIIII Illll IIIII 111111 IIIIII Illil IIIII 111 2275220 IIIIII Ili 111I P Charlotte Mills-Gallatin Co MTMISC 342.00 Exhibit D Percentages of Interest Sunlight Condominiums Unit 49 3.041°/o Unit 52 3.133 Unit 53 2.765 Unit 102 2.406 Unit 103 2.406% Unit 106 2.406% Unit 107 2.406% Unit 110 2.406% Unit 111 2.406% Unit 114 2.406% Unit 115 2.406% Unit 118 2.406% Unit 119 2 406% Unit 122 2.406% Unit 123 2.406% Total Units: 35 Total Percentage Interests: 100.00% IIIII�IIII IIIII IIIII 11111111 III 11111111 IN 2275220 P Charlotte Mills-Gallatin Co MTMISC 342.00