NOTE

Therer are eleven (11) ammendments to this Master deed
(TO BE) posted on the web site.

MASTER DEED
HARBOUR TOWNE CONDOMINIUM

(Act 59, Public Acts of 1978)
as amended

This Master Deed is made and executed on this 26th day of June, 1992, by JOHN DARIEN HOMES, INC., a Michigan corporation, (the "Developer"), whose principal office is situated at 2450 Ruddiman Ave, North Muskegon, Michigan 49445, represented herein by its President and Secretary, who are fully empowered and qualified to act on behalf of said corporation.

WITNESSETH:

WHEREAS, the Developer is engaged in the construction of an Expandable Condominium Development to be known as Harbour Towne Condominium (the "Development"), pursuant to architectural plans approved by the City of Muskegon on a parcel of land described in Article II hereof; and

WHEREAS, the Developer desires, by recording this Master Deed together with the Condominium By-laws attached hereto as Exhibit "A" and the Condominium Subdivision Plan attached as Exhibit "B" (both of which are hereby incorporated by reference and made a part hereof), to establish said real property, together with the improvements located and to be located thereon and the appurtenances thereto, as a condominium development under the provisions of the Michigan Condominium Act, as amended (the "Act");

NOW, THEREFORE, the Developer does, upon the recording hereof, establish Harbour Towne Condominium as a Condominium Development under the Act and does declare that said Development shall, after such establishment, be held, conveyed, hypothecated, encumbered, leased, rented, occupied, improved, or in any other manner utilized, subject to the provisions of the Act, and to the covenants, conditions, restrictions, uses, limitations, and affirmative obligations set forth in this Master Deed, all of which shall be deemed to run with the land and shall be a burden and a benefit to the Developer, its successors and assigns, and to any persons acquiring or owning an interest in said real property, their grantees, successors, heirs, executors, administrators and assigns.

In furtherance of the establishment of said Development, it is provided as follows:

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ARTICLE I
NATURE OF DEVELOPMENT

The Development is a residential condominium which may be expanded by an amendment or series of successive amendments to the Master Deed, each adding land to the Development as then constituted so as to comprise a maximum of 400 residential living units, although the Developer is not obligated to expand the Development beyond the segment established by this Master Deed on land described in Article II (A). The Developer and its successors specifically reserve the right to elect, on or before, the expiration of six years after the recording of a Master Deed for Phase I of the Development, to add to the Development all or any portion of the lands described in Article II (B) hereof (as the same may be amended), without the consent of any Co-owner, mortgagee or other person. Other than as set forth herein, no restrictions or limitations on such election exist as to the portion or portions of land which may be added, the time or order of such additions, the types of condominium units which may be created, the nature or location of any improvements, or the creation and assignment of limited common elements thereon. All added lands shall be dedicated exclusively to residential use and all structures located thereon -/ shall be architecturally compatible, in the reasonable judgment of the Developer or his architect, with the structures on the land included in this original Master Deed. At the conclusion of any such expansion, a Consolidating Master Deed shall be prepared and recorded by the Developer in accordance with the provisions of the Act.

The 248 Condominium Units which comprise the first phase of the Development, including the number, boundaries, dimensions and area thereof, are set forth completely in the Condominium subdivision Plan, and each such Unit is capable of individual utilization by reason of having its own entrance from and exit to a common element of the Development. Each Co-owner in the Development shall have a particular and exclusive property right to his Unit and the limited common elements appurtenant thereto, and shall have an undivided and inseparable right to share with other Co-owners the general common elements of the Development as designated by this Master Deed.

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ARTICLE II
LEGAL DESCRIPTION

A. The land on which Phase I of the Development is situated, and which is hereby submitted to condominium ownership pursuant to the provisions of the Act, is described as follows:

A parcel of land being part of Block 742, Block 740, Block 737, Block 749 of Revised Plat of the City of Muskegon, and also including parts of Lots 1-7, Block 751 of Revised Plat of the City of Muskegon including Lots 8-14, Block 752, Lots 1-5 and 10-14 and vacated alley adjacent thereto, Block 755, Revised Plat of the City of Muskegon and also including Lots 8-14, Block 756, Central Land Company Subdivision, Lots 1-7 Block 756 Revised Plat of Muskegon. Lots 8-10, Block 762, Central Land Company Subdivision No.1, Lots 7-11, Block 763 Central Land Company Subdivision No.1. Part of Block 742, 749, 740, 750, all lying within section 28, Town 10 North, Range 17 West, City of Muskegon, Muskegon County, Michigan being described as follows:

Beginning at the Northwest corner of Plat of Edgewater Subdivision, City of Muskegon, Muskegon County, Michigan, recorded in Liber 3, Page 82 of Plats, Muskegon County Records, also described as the Northeast corner of Block 740 of the Revised Plat of the City of Muskegon;

Thence South 01 degrees 52 minutes 29 seconds West, along the West line of Plat of Edgewater, also being the East line of Blocks 740 and 737, Revised Plat of City of Muskegon, 2002.66 feet, to the Southeast corner of said Block 737.

Thence North 89 degrees 58 minutes 46 seconds West, along the South line of said Block 737, 902.68 feet, to a point on the East Right-of-Way line of Dewey Street of Central Land Company's Subdivision No.1 as recorded in Liber 6, Page 28 of Plats, Muskegon County Records.

Thence North 25 degrees 12 minutes 12 seconds West, along the East Right-of-Way of said Dewey Street, 1000.48 feet to a point on the East Right-of-Way line of Dewey Street on the extended South line of Lot 10, Block 762, said Central Land Company Subdivision No. 1;

Thence South 64 degrees 46 minutes 18 seconds West, along the extended South line of said Lot 10, Block 762, 149.96 feet, to the Southwest corner of said Lot 10,

Thence North 25 degrees 12 minutes 12 seconds West, along the East line of alley in Block 762, 200.06 feet to the Southwest corner of Lot 11, Block 763 of said Central Land company's Subdivision No. 1;

Thence North 25 degrees 06 minutes 48 seconds West, along the East line of the alley in Block 763, 351.44 feet

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to the South line of Block 756 of Central Land Company's' Subdivision recorded in Liber 3, Page 84 of Plats, Muskegon County Records.

Thence North 86 degrees 32 minutes 46 seconds West, along South line of said Block 756, 126.63 feet, to the Southwest corner of Block 756;

thence North 03 degrees 38 minutes 14 seconds East along the West line of said Block 756, 215.05 feet to the Northwest corner of said Block 756;

thence South 86 degrees 27 minutes 07 seconds East, along the North line of said Block 756, 105.58 feet to the extended West line of Lots 5 and 10 of Block 755, Revised Plat of the City of Muskegon;

thence North 04 degrees 09 minutes 11 seconds East, along extended lines of Lots 5 and 10 of Block 755, 263.80 feet, to the Northwest corner of Lot 5 of said Block 755,

thence South 86 degrees 27 minutes 07 seconds East, along North line of said Block 755, 12.85 feet to the extended East line of alley of Block 752, Revised Plat of City of Muskegon.

thence North 02 degrees 38 minutes 26 seconds East, along the East line of said alley in Block 752, 497.31 feet to the South line of Block 749, Revised Plat of the City of Muskegon;

thence North 52 degrees 51 minutes 58 seconds East, 260.49 feet, to the Westerly Right-of-Way of Bluff Street,

thence South 33 degrees 31 minutes 25 seconds East, along said Westerly Right-of-Way of Bluff Street, 245.02 feet;

thence North 84 degrees 05 minutes 58 seconds East, along said extended North line of Lot 5, Block 747, 266.15 feet, to the Northeast corner of said Lot 5, Block 747;

thence South 30 degrees 04 minutes 06 seconds East along the East line of said Block 747, 105.01 feet;

thence South 00 degrees 22 minutes 33 seconds East, 215.00 feet;

thence North 89 degrees 37 minutes 27 seconds East parallel with North line of said Plat of Edgewater, 210.00 feet;

thence South 57 degrees 52 minutes 07 seconds East, 191.39 feet;

thence South 88 degrees 07 minutes 31 seconds East 574.00 feet;

thence North 01 degrees 52 minutes 29 seconds East parallel with the West line of said Plat of Edgewater (also being the East line of Block 740, Revised Plat of the City of Muskegon), 130.00 feet;

thence North 89 degrees 37 minutes 27 seconds East parallel with the North line of said Plat of Edgewater, 105.00 feet to the Point of Beginning.

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Except the North one-half (1/2) of Lot 7, Block 756 of I the Revised Plat of 1903, City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records.

ALSO Except commencing at the Northwest corner of Plat of Edgewater Subdivision, City of Muskegon, recorded in Liber 3, Page 82 of Plats, Muskegon County Records;

Thence South 01 degrees 52 minutes 29 seconds West, 2002.66 feet;

Thence North 89 degrees 58 minutes 46 seconds West, along South line of Block 737, 902.68 feet;

Thence North 25 degrees 12 minutes 12 seconds West, along Easterly line of Dewey Street, 1000.48 feet;

Thence South 64 degrees 46 minutes 18 seconds West 149.96 feet;

Thence North 25 degrees 12 minutes 12 seconds West 200.06 feet; Thence North 25 degrees 06 minutes 48 seconds West 351.44 feet;

Thence North 86 degrees 32 minutes 46 seconds West along the North line of Simpson Avenue, 126.63 feet;

Thence North 03 degrees 38 minutes 14 seconds East, along East line of Nelson Street, 215.05 feet;

Thence South 86 degrees 27 minutes 07 seconds East, along South line of Watson Avenue, 105.58 feet;

Thence North 04 degrees 09 minutes 11 seconds East 263.80 feet;

Thence South 86 degrees 27 minutes 07 seconds East along South line of Rodgers Avenue, 12.85 feet;

Thence North 02 degrees 38 minutes 26 seconds East 497.31 feet;

Thence North 52 degrees 51 minutes 58 seconds East 213.49 feet to Point of Beginning being 33 feet at right angles from the existing centerline of Fulton Street;

From the Point of Beginning thus described, thence North 52 degrees 51 minutes 58 seconds East 47.00 feet to a point on the Southerly line of Bluff Street; thence South 33 degrees 31 minutes 25 seconds East along Southerly line of Bluff Street 122.00 feet;

thence North 55 degrees 01 minutes 48 seconds West 127.95 feet to the Point of Beginning. Together with the following vacated roads: Dewey Street Rodgers Avenue, Watson Avenue, Simpson Avenue, Sand Street, Hill Street, Indiana Street, Sand Avenue and the Alley located in Block 756, Revised Plat of the City of Muskegon.

ALSO Except: commencing at the Northwest corner of plat of Edgewater Subdivision, also being the East line of Block 740, revised plat of City of Muskegon, thence South 89 degrees 37 minutes 27 seconds West parallel with the North line of said plat of Edgewater, a distance of 105.00 feet;

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thence South 01 degrees 52 minutes 29 seconds West parallel with the West line of said Plat of Edgewater, a distance of 130.00 feet;

thence North 88 degrees 07 minutes 31 seconds West, a distance of 574.00 feet;

thence North 57 degrees 52 minutes 07 seconds West, a distance of 18.02 feet to the Point of Beginning.

from the Point of Beginning thus described, thence South 20 degrees 22 minutes 29 seconds West, a distance of 569.74 feet;

thence North 87 degrees 21 minutes 34 seconds West, a distance of 725.50 feet to a point on the East right-of-way line of Harbour Towne Circle;

thence along a 352.61 foot radius curve to the right, an arc distance of 39.86 feet to the point of tangency of said curve. Said curve having a chord bearing and distance of North 03 degrees 38 minutes 13 seconds East, 39.84 feet;

thence North 06 degrees 52 minutes 30 second East, a distance of 609.04 feet to a point of curvature;

thence along a 480.97 foot radius curve to the right, an arc distance of 202.82 feet to the point of tangency of said curve. Said curve having a chord bearing and distance to North 18 degrees 57 minutes 19 seconds East, 201.32 feet;

thence North 31 degrees 02 minutes 08 seconds East, a distance of 120.03 feet;

thence South 33 degrees 31 minutes 25 seconds East along the Westerly line of Bluff Street, a distance of 81.14 feet;

thence North 84 degrees 05 minutes 58 seconds East along the extended North line of Lot 5, Block 747, a distance of 266.15 feet to the Northeast corner of said Lot 5, Block 747;

thence South 30 degrees 04 minutes 06 seconds East along the East line of said Block 747, a distance of 105.01 feet;

thence South 00 degrees 22 minutes 33 seconds East, a distance of 215.00 feet;

thence North 89 degrees 37 minutes 27 seconds East parallel with the North line of said Plat of Edgewater, a distance of 210.00 feet;

thence South 57 degrees 52 minutes 07 seconds East, a distance of 173.37 feet to the Point of Beginning. Together with an easement for the purposes of ingress and egress from the Lagoon of the Harbour Towne Condominium Development to the Harbour Towne Marina Condominium lying within Section 28, Town 10 North, Range 17 West, City of Muskegon, Muskegon County, Michigan, described as follows: Commencing at a point being the Northwest corner of the Plat of Edgewater Subdivision, City of Muskegon, as recorded in Liber 3 of Plats, Page 82, Muskegon County Records, Muskegon  County, Michigan;

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thence South 89 degrees 37 minutes 27 seconds West along the South line of the channel from Harbour Towne Marina Condominium to Muskegon Lake, as recorded in Liber 1286 Pages 423 through 479 inclusive, Muskegon County Records, Muskegon County, Michigan, a distance of 105.00 feet;

thence South 01 degree 52 minutes 29 seconds West along the Westerly line of said Harbour Towne Marina Condominium, a distance of 130.00 feet;

thence North 88 degrees 07 minutes 31 seconds West along the Southerly line of said Harbour Towne Marina Condominium, a distance of 574.00 feet;

thence North 57 degrees 52 minutes 07 seconds West, a distance of 18.02 feet for the Point of Beginning.

thence South 20 degrees 22 minutes 29 seconds West, a distance of 569.74 feet;

thence North 87 degrees 21 minutes 34 seconds West, a distance of 197.22 feet;

thence North 52 degrees 23 minutes 55 seconds East, a distance of 203.38 feet;

thence North 20 degrees 22 minutes 29 seconds East, a distance of 474.03 feet;

thence South 57 degrees 52 minutes 07 seconds East, a distance of 81.71 feet to the Point of Beginning.

Together with and subject to easements as set forth in instruments recorded the 18th day of June, 1992 in Liber 1633, Pages 414-443, Liber 1633, Pages 444-445, Liber 1633, Pages 446-453, Public Records of said county.

Also subject to temporary easement recorded the l0th day of December, 1991 in Liber 1598, Pages 394-402, Public Records of said county.

B. The land .which may be added to the Development in whole or in part, pursuant to election of the Developer at a future date or dates as set forth in Article I hereof, is described as follows:

COMMENCING AT THE NORTHWEST CORNER OF PLAT OF EDGEWATER SUBDIVISION, ALSO BEING THE EAST  LINE OF BLOCK 740, REVISED PLAT OF CITY OF MUSKEGON, THENCE SOUTH 89 DEGREES 37 MINUTES 27 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID PLAT OF EDGEWATER, A DISTANCE OF 105.00 FEET;

THENCE SOUTH 01 DEGREES 52 MINUTES 29 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID PLAT OF EDGEWATER, A DISTANCE OF 130.00 FEET;

THENCE NORTH 88 DEGREES 07 MINUTES 31 SECONDS WEST, A DISTANCE OF 574.00 FEET;

THENCE NORTH 57 DEGREES 52 MINUTES 07 SECONDS WEST, A DISTANCE OF 18.02 FEET TO THE POINT OF BEGINNING.

FROM THE POINT OF BEGINNING THUS DESCRIBED, THENCE

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SOUTH 20 DEGREES 22 MINUTES 29 SECONDS WEST, A DISTANCE OF 569.74 FEET;

THENCE NORTH 87 DEGREES 21 MINUTES 34 SECONDS WEST, A DISTANCE OF 725.50 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF HARBOUR TOWNE CIRCLE;

THENCE ALONG A 352.61 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 39.86 FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND DISTANCE OF NORTH 03 DEGREES 38 MINUTES 13 SECONDS EAST, 39.84 FEET;

THENCE NORTH 06 DEGREES 52 MINUTES 30 SECOND EAST, A DISTANCE OF 609.04 FEET TO A POINT OF CURVATURE;

THENCE ALONG A 480.97 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 202.82 FEET TO THE POINT OF TANGENCY OF SAID CURVE. SAID CURVE HAVING A CHORD BEARING AND
DISTANCE TO NORTH 18 DEGREES 57 MINUTES 19 SECONDS EAST, 201.32 FEET;

THENCE NORTH 31 DEGREES 02 MINUTES 08 SECONDS EAST, A DISTANCE OF 120.03 FEET;

THENCE SOUTH 33 DEGREES 31 MINUTES 25 SECONDS EAST ALONG THE WESTERLY LINE OF BLUFF STREET, A DISTANCE OF 81.14 FEET;

THENCE NORTH 84 DEGREES 05 MINUTES 58 SECONDS EAST ALONG THE EXTENDED NORTH LINE OF LOT 5, BLOCK 747, A DISTANCE OF 266.15 FEET TO THE NORTHEAST CORNER OF SAID LOT 5, BLOCK 747;

THENCE SOUTH 30 DEGREES 04 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID BLOCK 747, A DISTANCE OF 105.01 FEET;

THENCE SOUTH 00 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 215.00 FEET;

THENCE NORTH 89 DEGREES 37 MINUTES 27 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID PLAT OF EDGEWATER, A DISTANCE OF 210.00 FEET;

THENCE SOUTH 57 DEGREES 52 MINUTES 07 SECONDS EAST, A DISTANCE OF 173.37 FEET TO THE POINT OF BEGINNING.

ARTICLE III
DEFINITIONS

Certain terms are utilized not only in this Master Deed but are or may be used in various other instruments such as, by way of example and not limitation, the Articles of Incorporation, Association By-laws and Rules and Regulations of the Harbour Towne Condominium Association, a Michigan non-profit corporation, and deeds, mortgages, liens, land contracts, easements and other instruments affecting the establishment of, or transfer of, interests in the Development. As used in such documents, unless the context otherwise requires:

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(a) "Administrator" means the Michigan Department of Commerce or an authorized designee.

(b) "Arbitration Association" means the American Arbitration Association or its successor.

(c) "Association of Co-owners" or "Association' means the non-profit corporation organized under the laws of Michigan of which all Co-owners shall be members, which corporation shall administer, operate, manage and maintain the Development. Any action required of or permitted to the Association shall be exercisable by its Board of Directors unless specifically reserved to its members by the Condominium Documents or the laws of the state of Michigan.

(d) "Association By-laws" means the corporate Bylaws of the Association organized to manage, maintain and administer the Development.

(e) "Business Day" means a day of the year excluding a Saturday, Sunday or legal holiday.

(f) "Common Elements," where used without modification, means the portions of the Development other than the condominium units, including all general and limited common elements described in Article IV hereof.

(g) "Condominium By-laws" means Exhibit "A" hereto, being the By-laws setting forth the substantive rights and obligations of the Co-owners, which form a part of this recorded instrument.

(h) "Condominium Documents'! means and includes this Master Deed and all exhibits thereto recorded pursuant to the Act, and any other instrument referred to herein which affects the rights and obligations of a Co-owner in the Condominium.

(i) "Condominium Subdivision Plan" means Exhibit "B" hereto, being the site, survey and other drawings depicting the existing and proposed structures and improvements, including the location thereof on the land, which form a part of this recorded instrument.

(j) "Condominium unit” or "Unit" means that portion of the Development designed and intended for separate ownership and use, as described in this Master Deed.

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 (k) "Co-owner" means the person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof who or which own a Condominium Unit in the Development, including the vendee of any land contract of purchase who is not in default thereunder. The term "Owner," wherever used, shall be synonymous with the term "Co-owner."

(l) "Developer" means John Darien Homes, Inc., a Michigan corporation which has made and executed this Master Deed, its successors and assigns.

(m) "General Common Elements" means those common elements of the Development described in Article IV (A) hereof which are for the use and enjoyment of all Co-owners, subject to such charges as may be assessed to defray the cost of operation thereof.

(n) "Limited Common Elements" means those common elements of the Development described in Article INITIATIVE (B) hereof which are reserved for the exclusive use of the Co-owners of a specified Unit or Units.

(o) "Master Deed" means this instrument, together with the exhibits attached hereto and all amendments thereof, by which the Development is submitted to condominium ownership.

(p) "Percentage of Value" means the percentage assigned to each unit by this Master Deed, which is determinative of the value of a Co-owner's vote at meetings of the Association when voting by value or by number and value, and the proportionate share of each Co-owner in the common elements of the Development.

(q) "Development" or "Condominium" means Harbour Towne Condominium, a condominium development established in conformity with the provisions of the Act.

(r) "Transitional Control Date" means the date on which a Board of Directors for the Association takes office pursuant to an election Co-owners unaffiliated with the Developer exceed the votes which may be cast by the Developer.

Whenever any reference herein is made to one gender, the same shall include a reference to any and all genders where the same would be appropriate; similarly, whenever a reference is made herein to the singular, a reference shall also be included to the plural where the same would be appropriate.

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ARTICLE IV
COMMON ELEMENTS

The Common Elements of the Development as depicted in Exhibit "B," and the respective responsibilities for maintenance, repair and replacement thereof are as follows:

A. The General Common Elements are:

(1) The land described in Article II (A) hereof, including easement interests of the Condominium in the land provided to it for ingress and egress, if any;

(2) The sidewalks, yards, trees, shrubs and other plantings;

(3) The electrical, telephone and/or television wiring networks throughout the common areas of the Development, including those contained within common walls, floors and ceilings;

(4) The plumbing and gas line networks throughout the common areas of the Development, including those contained within common walls, floors and ceilings;

(5) The heating and/or air-conditioning ductwork and conduits throughout the common areas of the Development, including those contained within common walls, floors and ceilings;

(6) The water distribution system, sprinkling system, sanitary sewer system and storm drainage system serving the Development; including the sanitary sewer laterals connecting the units with the main sanitary sewer line.

(7) The foundations, roofs, perimeter walls and other walls as shown on Exhibit B.

(8) The common attic spaces, and the portions of any garage or parking area not otherwise designated as a Limited Common Element on the Condominium Subdivision Plan; and

(9) All other Common Elements of the Development not herein designated as Limited Common Elements which are not enclosed within the boundaries of a Condominium Unit, and which are

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intended for common use or are necessary to the existence, upkeep or safety of the Development.

Some or all of the utility and/or cable television lines, systems (including mains and service leads) and equipment may be owned by the local public authority or by a utility or cable television company that is providing the pertinent service. Accordingly, such utility and/or cable television lines, systems and equipment shall be General Common Elements only to the extent of the Co-owner's interest therein, if any, and Developer makes no warranty whatsoever with respect to the nature or extent of such interest.

B. The Limited Common Elements are:

(1) The pipes, ducts, wiring and conduits located entirely within a Condominium Unit and servicing only such unit;

(2) The deck, patio and/or porch appurtenant to each Unit in the Development;

(3) The driveway leading to the garage and the walkway leading to the porch, which shall be appurtenant to the unit or units serviced thereby;

(4) The fireplace combustion chamber and the separate furnace, water heater, air conditioner and/or compressor located within or adjacent to a unit and servicing only such unit exclusively;

(5) The automatic garage door opening mechanism and the windows, sliders and/or screens located within or adjacent to any unit perimeter wall;

(6) Garage interior spaces, and the interior surfaces of garage walls, ceilings and floors; and

(7) The interior surfaces of perimeter walls, doors, ceilings and floors contained within a Condominium Unit.

C. The costs of maintenance, repair and replacement of the Limited Common Elements described in Article IV (B) (1), IV(B) (4) and IV(B) (5) and the routine cleaning, decoration and maintenance of the walkways described in Article IV(B) (3) and Limited Common Elements described in Article INITIATIVE (B) (6) and INITIATIVE (B) (7) shall be borne by the Co-owner of the unit or units to which such Limited Common Elements are appurtenant. The costs of maintenance, repair replacement of all other General and Limited Common Elements described above shall be borne by the Association except to the extent of repair and replacement due to the act or neglect of a Co-

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owner or his agent, invitee, family member or pet; provided, that if any unit owner shall elect to construct or install any improvements to his unit or to the Common Elements appurtenant to his Unit which increase the costs of maintenance, repair or replacement for which the Association is responsible, such increased costs or expenses, at the option of the Association, may be specifically assessed against such Unit or Units.

D. A Limited Common Element may be assigned or reassigned, upon notice to any affected mortgagee, by written application to the Board of Directors of the Association by all Co-owners whose interest will be affected .thereby. Upon receipt of such application, the Board shall promptly prepare or cause to be prepared and executed an amendment to this Master Deed assigning and/or reassigning all rights and obligations with respect to the Limited Common Elements involved, and shall deliver such amendment to the Co-owners of the Units affected upon payment by them of all reasonable costs for the preparation and recording thereof.

E. Except as set forth herein, Condominium Units shall not be separable from the Common Elements appurtenant thereto, and shall not be used in any manner inconsistent with the purposes of the Development or in any other way which will interfere with or impair the rights of any other Co-owner in the use and enjoyment of his Unit or the Common Elements appurtenant thereto.

ARTICLE V
DESCRIPTION AND PERCENTAGE OF VALUE

A. A complete description of each Condominium Unit in the Development, with elevations therein referenced to an official benchmark of the United States Geological Survey sufficient to relocate accurately the space enclosed by the description without reference to the structure itself, is set forth in the Condominium Subdivision Plan as surveyed by Westshore Engineering & Surveying, Inc., consulting engineers and surveyors. Detailed architectural plans and specifications have been filed with the City of Muskegon. Each Unit shall include all that space contained within certain horizontal planes and vertical planes designated by a heavy outline on the interior finished surface of the walls, floors and ceilings as depicted in the Condominium Subdivision Plan and as delineated by detailed dimensional descriptions of the same contained by said outline, less any Common Elements contained therein. In determining dimensions, each Condominium unit shall be measured from the interior finished unpainted surfaces of the walls and ceilings and from the interior surfaces of the finished subfloor.

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B. The total value of the Development is 100%. Because each of the two hundred forty eight (248) units is expected to make approximately the same demand on the common resources of the Condominium, the percentage of value assigned to each Unit is equal. This percentage of value shall be determinative of the proportionate share of each unit in the proceeds from and expenses of administration, the value of .such Unit's vote at meetings of the Association of Co-owners and of the undivided interest in the common elements (which is hereby allocated to each Unit). The percentage of value allocated to each unit may be changed only with the prior written approval of each holder of a first mortgage lien on any Unit in the project and with the unanimous consent of all of the owners expressed in an amendment to this Master Deed, duly approved and recorded.

C. The number, size, style and/or location of units or of any Limited Common Element appurtenant to a unit as described in Exhibit B hereof may be modified from time to time, in Developer's sole discretion, by amendment effected solely by the developer or its successors without the consent of any Co-owner, mortgagee or other person, so long as such modifications do not unreasonably impair or diminish the appearance of the Development or the view, privacy or other significant attribute or amenity of any Unit which adjoins or is proximate to the modified Unit or Limited Common Element. The Developer may also, in connection with any such amendment, readjust Percentages of Value for all units in a manner which gives reasonable recognition to such modifications based upon the method of original determination of Percentages of Value for the Development. No unit modified in accordance with this paragraph shall be conveyed, however, until an amendment to the Master Deed duly reflecting all such changes has been recorded. All Co-owners, mortgagees of Units and other persons interested or to become interested in the Development from time to time shall be deemed to have unanimously consented to any amendment or amendments necessary to effectuate the foregoing and, subject to the limitations set forth herein, the proportionate reallocation of percentages of value of existing units which Developer or its successors may determine to be necessary in conjunction therewith. All such interested persons .irrevocably appoint Developer or its successors as agent and attorney for the purpose of executing such amendments to the Master Deed and all other Condominium Documents as may be necessary to effectuate the foregoing.

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ARTICLE VI
ASEMENTS

Every portion of a Condominium unit which contributes to the structural support of a building shall be burdened with an easement of structural support for the benefit of the Common Elements. In the event that any portion of a Unit or Common Element encroaches upon another unit or Common Element due to the shifting, settling or moving of a building, or due to survey errors or construction deviations, reciprocal easements shall exist for the maintenance of such encroachment for so long as such encroachment exists, and for the maintenance thereof after rebuilding in the event of destruction. There shall also be permanent easements for the maintenance and repair of Common Elements, which easements shall be administered by the Association of Co-owners, and there shall be easements to, through and over those portions of the land, structures, buildings, improvements and walls (including interior Unit walls) as may be reasonable for the installation, maintenance and repair of all utility services furnished to the Development. Public utilities shall have access to the Common Elements and to the Units at such times as may be reasonable for the installation, repair or maintenance of such services, and any costs incurred in opening and repairing any wall of the Development to install, repair or maintain such services shall be an expense of administration assessed against all Co-owners in accordance with the Condominium By-laws.

Until final completion of the Development as described in Article I of this Master Deed or of any other development developed by the Developer or its successors on the property described in Article II (B) hereof, the Developer reserves for the benefit of itself, its successors and assigns;

(a) easements for the unrestricted use of all roads, driveways and walkways in the Condominium for the purpose of ingress and egress to and from all or any portion of the land described in Article II (B); and

(b) easements to utilize, tap, tie into, extend and/or enlarge all utility lines and mains located on the land described in Article II (A).

So long as the Developer owns one or more of the Units in the Development, it shall be subject to the provisions of this Master Deed and of the Act.

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ARTICLE VII
CONTRACTION OF DEVELOPMENT

The Developer and its successors specifically reserve the right to elect, on or before the expiration of six years after the initial recording of a Master Deed for Phase I of the Development, to contract the Development by withdrawal of all or any portion of the lands described in Article II(A) hereof by an amendment or series of amendments to the Master Deed, each withdrawing land from the Development as then constituted, without the consent of any Co-owner, mortgagee or other person; provided that no unit which has been constructed and sold by the Developer may be withdrawn without the consent of the Owner and Mortgagee of such unit. The Developer may also, in connection with any such amendment, readjust Percentages of Value for all units in a manner which gives reasonable recognition to the number of remaining Units in the Development, based upon the method of original determination of Percentages of Value for the Development. Other than as set forth herein, no restrictions or limitations on such election exist as to the portion or portions of land which may withdrawn, the time or order of such withdrawals, or the number of units and/or common elements which may be withdrawn; provided, however, that the number of remaining units in the Development shall not be reduced to less than 20 nor the lands constituting the Development to less than that necessary to accommodate 20 units with reasonable access and utility service therefor. All Co-owners, mortgagees of Units and other persons interested or to become interested in the Development from time to time shall be deemed to have unanimously consented to any amendment or amendments necessary to effectuate the foregoing and, subject to the limitations set forth herein, the proportionate reallocation of percentages of value of remaining Units which Developer or its successor may determine to be necessary in conjunction therewith. All such interested persons irrevocably appoint Developer or its successors as agent and attorney for the purpose of executing such amendments to the Master Deed and all other Condominium Documents as may be necessary to effectuate the foregoing.

ARTICLE VIII
AMENDMENT AND TERMINATION

A. If there is no Co-owner other than the Developer, the Developer may unilaterally amend the Condominium Documents or, with the consent of any interested mortgagee, unilaterally terminate the Development. All documents reflecting such amendment or termination shall be recorded in the public records of Muskegon County, Michigan.

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B. If there is a Co-owner other than the Developer, the Condominium Documents may be amended for a proper purpose only as follows:

(1) The amendment may be made without the consent of any Co-owner or mortgagee if the amendment does not materially alter or change the rights of any Co-owner or mortgagee of a unit in the Development, including, but not limited to, amendments for the purpose of modifying the types and/or sizes of unsold Units .and their appurtenant Limited Common Elements, facilitating conventional mortgage loan financing for existing or prospective Co-owners, and enabling the purchase of such mortgage loans by the Federal Home Loan Mortgage corporation, the Federal National Mortgage Association, the Government National Mortgage Association and/or any other agency of the federal government or the state of Michigan.

(2) The amendment may be made, even if it will materially alter or change the rights of the Co-owners or mortgagees, with the consent of not less than two-thirds of the Co-owners and mortgagees; provided, that a Co-owner's unit dimensions or Limited Common Elements may not be modified without his consent, nor may the formula used to determine percentages of value for other than voting purposes or provisions relating to the ability or terms under which an owner may rent a unit be modified without the consent of each affected Co-owner and mortgagee. Rights reserved by the Developer, including without limitation rights to amend for purposes of expansion, contraction and/or modification of units in the course of construction, shall not be amended without the written consent of the Developer so long as the Developer continues to own or to offer for sale any Unit in the Development. For purposes of this sub-section, a mortgagee shall have one vote for each mortgage held.

(3) A material amendment may also be made unilaterally by the Developer without the consent of any Co-owner or mortgagee for the specific purpose(s) reserved by the Developer in this Master Deed. Until the completion and sale of all units described in Article I hereof, such rights reserved to the Developer may not be further amended except by or with the consent of the Developer, its successors or assigns.

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(4) A person causing or requesting an amendment to the Condominium Documents shall be responsible for costs and expenses of the amendment, except for amendments based upon a vote of the prescribed majority of Co-owners and mortgagees or based upon the Advisory Committee's decision, the costs of which are expenses of administration. The Co-owners and mortgagees of record shall be notified of proposed amendments under this Section not less than ten (10) days before the amendment is recorded.

C. If there is a Co-owner other than the Developer, the Development may be terminated only with consent of the Developer and not less than 80% of the Co-0wners and mortgagees, as follows:

(1) Agreement of the required number of Co-owners and mortgagees to termination of the Development shall be evidenced by their execution of the termination agreement or of ratifications thereof, and the termination shall become effective only when the agreement is so evidenced of record.

(2) Upon recordation of an instrument terminating the Development, the property constituting the condominium shall be owned by the Co-owners as tenants in common in proportion to their respective undivided interests in the common elements immediately before recordation. As long as the tenancy in common lasts, each Co-owner or the heirs, successors, or assigns thereof shall have an exclusive right of occupancy of that portion of the property which formerly constituted the Condominium unit.

(3) Upon recordation of an instrument terminating the Development, any rights the Co-owners may have to the assets of the Association shall be in proportion to their respective undivided interests in the common elements immediately before recordation, except that common profits shall be distributed in accordance with the Condominium Documents and the Act.

(4) Notification of termination by first class mail shall be made to all parties interested in the Development, including escrow agents, land contract vendors, creditors, lien holders, and prospective purchasers who deposited funds. Proof of dissolution must be submitted to the administrator.

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IN WITNESS WHEROF, the Developer has duly executed this Master Deed on the day and year first above written.

Witnesses:

David C. Jaunese (with signature)

Vivian B. Rhines (with signature)

JOHN DARIEN HOMES, INC. a Michigan Corporation

By: John Darien, President (with signature)

By: Dawn Schillaci, Secretary (with signature)

STATE OF MICHIGAN  )

ss.

COUNTY OF NEWAYGO  )

On June 26, 1992, in and for said County personally appeared John Darien, President of John Darien Homes, Inc., and Dawn Schillaci, Secretary of John Darien Homes, Inc., to me known to be the same persons described in and who executed the within instrument, who acknowledge the same to be the free act and deed of the Corporation.

Vivian B. Rhines, (with signature)
Notary Public Newaygo County, Michigan
My commission expires: 05-09-95

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