Section

TABLE OF CONTENTS

6 9 3 3

MASTER DEED

FOR

THE CLOISTER AT ST. HENRY,

PHASE ID

(A Horizontal Property Regime)

Title

#0069.8

Page No.

2

3

4

5(a)

S(c)

5(d)

5(e)

~(a)

~(b)

S(a)

8(b)

8(c)

.d)

Definitions i 2 "

Submission of Property to the Act .i 6

Plat

Units 6

Association of Unit Owners and Administration and Operationof the Property

Management ofthe Property

Initial Management Contract

Apartments for Building Personnel

Use by Developer

Non-Liability of the Directors, Board, Officersand Developer

Board’s Determination Binding

Ownership of the Common Elements

Ownership of the Community Facilities

General Use of"the Common Elements

Roads and Driveways

¯ Parking Spaces

Ingress and Egress Easements

7

8

8

8

8

9

9

9

I0

I0

II

11

11

8(e)

9(a)

9(b)

9(c)

9(d)

10

~2

~.2(a)

l’~(b) ¯

13

14

15

1B

1’/

17(a)

17(b)

17(o)

17(d)

17(e)

17(f)

17(g)

17(g)(1)

17(g)(2)

17(g)(3)

Mutual Easements

Common Expenses

Enforcement of Lien

First Deed of Trust Protection

Additional Common Expenses

Deeds of Trust

Separate Real Estate Taxes

Insurance

Damage to the Community Facilities

Damage to Bud!dings and/or Common Elements

Maintenance, Repairs and Re[~laeements

Alterations, Additions or Improve~nents

Decorating

Encroachments

Transfer of Unit

Unrestricted Transfers

Restriction on Leasing

Restriction on Transfers

.Sale to the Developer/Failure of Unit Owner to Sell to aQualified Purchaser

Determination of Fair’Market Value

Closing Procedure

Further Exceptions to Restricted Transfers

Holder of a First Deed of Trust

Right of Redemption

Right of Redemption and Right of Transfer Upon DefaultSuperior to Liens

12

12

13

16

.16

16

17

17

18

18

2O

22

22

23

23

23

2,4

24

25

25

27

26

26

27

7(h)

~17(i)

17(j)

17(k)

18

19

20

21

22

23

24

25

26

27

28

29

3O

Assoeiation~ Right to Purchase at a Foreclosure Sale orRedemption After Foreclosure.

Financing of Purchase by Association

¯ ~ale Of a Unit by the Association

Right of Developer to Cure Default

Miscellaneous

Use and.Occupancy Restrictions

Remedies

Amendment

Notices

Severability

-Gender ,

Singular and Plural

Perpetuities and Restraints on Alienation

Rights and Obligations

Trustee as Unit Owner

Condemnation

Rights Reserved

Federal National Mortgage Association

28

28

28

29

29

30

31

34

34

35

35

35

35

37

37

38

39

This instrument prepared by:Tune, Entrekin & White, Attorneys21st Floor, FirSt American CenterNashville, Tennessee 37238

MASTER DEED

FOR

THE CLOISTER AT ST. HENRY,

PHASE ID

(A Horizontal Property Regime)

THIS MASTER DEED,~ made and entered into by ST. HENRY’S PROPERTY

DEVELOPMENT, INC., a Tennessee corporation, for convenience hereinafter referred to as

the "Developer";

WITNESSETH

WHEREAS, the Developer is the legal title holder of a sixty (60) year leasehold

interest by virtue of a Ground Lease dated July 15, 1986, between James D. Niedergeses,

Bishop of the Diocese of Nashville, as Lessor, and Developer, as Lessee (said Ground Lease

being hereinafter referred to as the "Ground Lease") of ~ertain real.estate located in .the

County of Davidson, State of Tennessee, and described on Exhibit "A", Part I, attached

hereto; and

WHEREAS, the Developer has submitted its leasehold interest in adjoining parcels

(Exhibit "A", Part II, attached hereto) to the provisions of the Horizontal Property Act of

the State of Tennessee by Master Deeds of record in Book 6042, Page 602, Book 6237, Page

665, and Book 6675, Page 173, ’ Register’s Office for Davidson County, Tennessee; and

WHEREAS, the Developer intends to and dOes hereby submit its leasehold, interest

in the real estate described in. Exhibit hA", Part I, and all rights and privileges belonging or

in anyway pertaining thereto (collectively hereinafter referred to as the ?Propertyn) to the

provisions of the Horizontal Prope.rty Act of the State of Tennessee, for the. express purpose

of establishing thereon a horizontal property regime; and

WHEREAS, the Developer further desires to establish said horizontal property

regime for his own benefit and for the mutual benefit of all future owners or occupants of

the Property or any part thereof, and intends that .all future owners, occupants, mortgagees,

and any other persons hereinafter acquiring any interest in the Property shallhold said

interest subject to certain rights, e~sements and privileges in, over and upon said premises

and certain mutually beneficial restrictions and Obligations with i’espect to the proper use,

c.onduct and maintenance thereof, as hereinafter set forth, all of which are declared to be in

furtheranceof a plan to promote and protect the cooperative aspects of residence on the

Property and are established for the purpose of enchanting and perfecting the value,

desirability and attractiveness.of the Property; . .

NOW, THEREFORE, the Developer, as .the legal title holder o~ the real estate

interest-hereinabove described, and for the purposes above set forth, declares as fdllows:

1. Definitions. ~Ls used herein, unless the context otherwise requires:

(a) ~Act" means the Horizontal Property Act of the State of Tennessee.

(Tennessee, Code Annotated, Section 66-27-101, et seq.)

(b) "All Phases" means Phase ID presently being submitted to the provisions of

the Act by this Master Deed t~)gether with Phases IA, IB, IC, previously submitted to the

provisions of the Act by Master Deedsof record in Book 6042, Page 602, Book 6237, Page

665, and Book 6675, Page 173, Reg~ster’s Office for Davidson County, Tennessee.

2

(c) "Association" means

non-profit corporation.

(d) "Board" means the Board

Association, a Tennessee non-profit corpdrati0n.

The Cloister Owners’ Association, a Tennessee

of Managers of the Cloister Owners’

(e) "Buildings" means the buildings to be constructed bn the Parcel and

which will become part of the Property and will contain the Units. The "Buildings" are

delineated on. the Plat.

.(f) "Bylaws" means the Bylaws. of the Cloister Owners’ Association of

record in Book 8042, Page 650, Re~ster’s Office for Davidson County, Tennessee, and made

a part hereof~ as amended from time to time. For purposesof the Act, all provisions

contained in the body of this Master Deed. dealingwith the administration and maintenance

of the ProPerty shall be deemed to be a part of the Bylaws.

.. (g) "Common Elements". means all of the Property except for the Units,

.and, without limiting the generality of the foregoing, shall include those items defined as

"General Common Elements" in the Act, including the following:

(1) The Parcel except as otherwise herein provided or shown on the

Plat;

(2) All foundations, load bearing walls, columns and roofs;

(3) All utility lines or services for water, sewerage disposal,

electricity and gas, except as otherwise .l]erein provided or shown-on the Plat;

(4) In general, all devices or installations existing for common use;

(5) All other elements of the .Buildihgs desirable or rationally of

common use or necessary to the existence, upkeep and safety of the horizontal property

regime established by this Master Deed.

(h) .~Developer’’ means St. Henry’s Property Development, Inc., its

successors and assigns, provided such successors or assigns are designated in writing by

Developer as a successor or assi~ of the rights of Developer set forth herein.

’ BO0 " 9S(i) "Development Property" means the real estate described in Part Ill of

Exhibit NA’~ attached-hereto. The Developer reserves the right,in its sole discretion, to add

additional contiguous.property to the Development Property if necessary for the purpose of

adjustment and placement of Buildings. Such additional acreage will not be substsr~tial, but

the right to add additional acreage shall be expressly reserved by the Developer.

(j) =Limited Common ElementsN means.all Common Elements contiguous

to and serving exclusively a single Unit or one or more adjoining Units as an inseparable

appurtenance thereto, the enjoyment, benefit or use of which is reserved to the lawful

Occupants of such Unit or Units either in this Master Deed, on the Plat or by the Board.

Said Limited Common Elements shall i~clude, but shall not be limited to, the separate

furnace, air c~nditioner and Water heater located adjacent to a Unit and serving only such

Unit, pipes, ducts, electrical wiring and conduits located outside the Unit but serving only

such Unit, driveways servicing each Unit, patios adjacent to each Unit, sidewalk~, from the

driveway to the front door of each Unit, glass in all windows and doors on the exterior wails

of all Buildings which serve each Unit, all doors and door frames located on the exterior

walls of Buildings, a~l drywall or sheetrock affixed to each Unit as interior walls and

ceilings, all interior doors and door frames located within .a Unit, all shrubbery immediately

adjacent to the front exterior wall of each Unit, all planter areas adjacent to each patio, all

garage doors, automatic garage door openers, and pulldown stairs in each Unit.

(k) "Majority" or "majority of the Unit Owners" means the owners of more

than fifty percent (50%) of the voting rights of the Unit Owners.

(1) "Master Deed" means this instrument, by which the Property is

submitted to the provisions of the ACt, as hereinafter provided, and such Master Deed as

amended from time to time.

(m) ".Occupant" means a person or persons in possession of a Unit,

regardless of whether said person is a Unit Owner, but who occupies the Unit as his or her

principal residence.

4

.in) ~Pareel~ means the leasehold interest of Developer in the parcel or

tra~t of real estate, described in Part I ofE~hibit ~A~ attached to "this Master Deed,

submitted to the provisions of the .Act.

¯ (o) "Person~ means a natural individual, corporation, partnership, trustee or

other legal entity capable of holding title to real Property.

(p) ~Plat" means the plat or survey of the Parcel submitted to the

provisions of the Act showing the number of each Unit, expressing its area, location and

other data necessary for identification, said Plat for Phase ID of The Cloister at St. Henry

being attached hereto and labeled Exhibit "B’.’. A previous Plat has been recorded covering

Phases IA, IB, and .IC.

(q) "Proper.ty" means all the leasehold ¯interest of Developer in the land,

Property and space comprising the Parcel, and all improvements and structures to be

erected, constructed or containedthereon.

(r) "Recot’d" or ~Recording" refers to the record or recording in the Office

of the Register of Deeds for Davidson County, Tennessee.

(s) "Community Facilities" refers to a multi-activity center which

Developer has constructed on the real estate desdribed in Exhibit "A", Part IV, and shall also

include a leasehold interest in said real estate.

(t) "Unit~ means an enclosed space consisting of one or more rooms

occupying al~ or p.art of a floor or floors in the Buildings, including attics or basements (if

present), which enclosed’ space is not owned in common with the Unit Owners of other Units.

Each Unit is numbered as shown on the Plat, and the boundaries of each Unit shall be and

are the interior surfaces of its perimeter walls, floor and ceilings or rafters (over attics) and

a Unit includes both the portion of the Buildings so described and the air space so

encompassed, excepting Common Elements and Limited Common Elements. All built-in

5

equipment, including but not limited to, ovens, ranges, exhaust fans, dishwashers, disposals,.

plumbing fixtures, electric fixtures, furnaces and water heaters shM1 be a part of each I~nit

an.d..shall be the separate personal property of each Unit Owner. It is intended that the term

"Unit".as used in this Master Deed shall have the same meaning as the term nApartmentn as

used in the Act.

(u) ~U.nit Ownern means the person or persons whose estates or interests,

individually or collectively~ aggrega.te, fee simple ownership of a Unit and of the undivided

interest in the common Elements appurtenant thereto and shall be deemed .the’ same as a

"co-ownern under the A~t. Unless specifically provided otherwise herein, the Developer

shall be deemed a Unit Owner so. long as he is the legaltitle holder of any Unit.

2. Submission of Property to the Act. The Developer, as the legal title holder

of the entire leasehold interest ~onve~ed by. the Ground Lease of the Parcel, expressly

intends to, and by recording this Master Deed does hereby submit and subject ’the Parcel and

the Property to the provisions of the Horizontal Property Act of the State of Tennessee and

hereby establishes a horizontal.property regime to be known as The Cloister at St. Henry,

Phase ID.

3. Pla_._~t. The Plat sets forth the numbers, areas, locations, and other data, as

required by the Act.

4. Units. The legal description of each Unit shall consist of the identifying

number or symbol of such Unit as shown onthe Plat. Every deed, lease, mortgage, deed of

trust or other instrument shall legally describe a Unit by its identifying number or symbol as

shown on the Plat and every such description shall be deemed good and sufficient for all

purposes, as provided in the Act.. Except as provided by the Act, no Unit Owner shall, by

deed, plat, court decree or otherwise, sulSdivide or in any other manner cause his Unit to be

separated into any tracts or parcels different from the whole Unit as shown on the Plat.

5. (a) Association of Unit Owners and Administration and Operation of the._

Property. There has been formed an Association having the name The Cloister Owners’

Association, a Tennessee non-profit corporation, which Association shall be the governing

body forall of the Unit ’Owners and shall be operated to. provide for the maintenance, repair,

replacemen.t, administration, operation and care of the Property and Common Ele.ments, as

provided in the Act, this Master Deed and Bylaws. The Association shall further provide the

same functions with regard to Community Facilities which Develop.er inten~ to build and

convey to the Unit Owners of all phases~ as hereinafter described. The Bylaws for the

Association shad be the Bylaws previously recorded at Book 6042, Page 650, Register~J

Office for Davidson County, Tennessee, and made a part hereof. "l~he Board of Managers of

the Association shall be elected and shah serve in a~cordance with the provisio.ns of the

Bylaws. The fiscal year of the Association shall be determine(i bythe Board, and. may be

changed from time to time as the Board deems advisable. The Association shall not be

deemed to be conducting a business of any kind. All activities undertaken by the

Association shall b.e’ held and applied by it for .the use and benefit of Uni.t Owners in

accordance with the provisions of the Master Deed and Bylaws. Each Unit Owner shall be a

member of the Association so long as he is a Unit Owner. A Unit Owner’smembership shall

automatically terminate when he ceases, to be a Unit Owner. Upon the’conveyance or

transfer of a Unit Owner’s ownership interest to a new Unit Owner, the new. Unit Owner

shall simultaneously succeed to the former Unit Owner’s membership in the Association.

The aggregate number of votes for all members of the Association shall initially be divided

among the respective Unit Owners with one (1) vote granted to each unit. Each Unit in

Phases IA, IB, and IC has one (1) vote and each Unit of Phase .ID shall also have one vote,

with the total membership of the Association being all Unit Owners of ~hases IA, IB, IC, and

7

(b) Management of Property,.

the services of an agent (herein sometimes

The Board shall have the authority to engage

referred to as th~ "Mana~ng Agent") to

m.aintain, repairs replace, administer and operate the Property and Common Elements, or

any part thereof, to the extent deemed advisable by the Board~ subject to the provisions of

subpara~aph (e) below. The Board shall require that such Managing Agent have fidelity.

bo.nd coverage on its employees handling Association funds. The cost of such services shall

be a common expense, as defined in paragraph 9 below.

(e) Initial Management Contract. The First Board has ratified and

approved.a Management A~eement for the Property for a term of not more than four (4)

years.

(d) Apartments for Building Personnel. The Board shall have authority to

lease, purchase and mortg.age a Unit, Units or other residential quarters for a project

manager and maintenance personnel, if necessary..All rental or debt service paid by the

Association pursuant to a lease agreement or mortgage shall be a general common expense,

as defined in paragraph 9 below.

(e) Use by Develo[~er. During the period of sale and construction by the

Developer of any Units and completion of the Common Elements~ the Developer, and said

Developer’s agents, employees~ contractors and subcontractors, and their respective agents

and employees, shall, be entitled to access~ ingress to and egress from said Buildings and

across the Property .as may be required for purposes of said sale and construction of Units

and completion of the Common Elements. While the Developer owns any of the Units and

until each Unit sold by him is occupied by the purchasers, the Develope.r and his employees

may. use and show one or more of such unsold or unoccupied Units as a model Unit or Units

and may use one or more of such unsold or unoceu.pied Units as a sales office, and may

maintain customary signs in eonneetio~ therewith.

8

BOOK

(f) Non-Liability of the Directors~ Board~ Officers and Developer..The

members of the Board of Managers, officers of theAssociation, or the Developer shall not

be personally liable to the Unit Owners for any mistake of judgment or for any other acts or

omissions of .any nature whatsoever as such Board. of Managers members, officers, or

Developer, except for any acts or omissions found by a court .to constitute gross negligence

or fraud. The Unit Owners shall indemnify and hold harmless each of the members of the

Board of Managers, officers, or .Devel.oper, and their respective heirs, executors,

administrators, Successors and assigns in accordance with the provisions of Article VIII of

the Bylaws.

6~ Board’s Determination Binding. In the event of any dispute or disagreement

between any Unit Owners r.elating to the Property, or any questions of interpretation or

application of the provisions of the Master Deed or Bylaws, the determination thereof by the

Board shall be final and binding On each and all such Unit Owners.

7. (a) Ownership of the Common Elements. Each Unit Owner shall be entitled

to a percentage of ownership in the Common Elements allocate.d, to the respective Unit

owned by such Unit Owner, with each Unit being allocated one sixty’fourth(I/64). If a Unit

is owned by more than oneUnit Owner, all Unit Owners of a Unit shall collectively own a

fraction equal to one sixty-fourth (1/64) of the whole. The percentages-of ownership

interests shall remain constant unless hereafter changed by recorded amendment to this

Maste~ Deed consented tO in~vriting by the Unit Owners in accordance with paragraph 21

below. Said ownership interest in the Common Elements shall be an undivided interest, and

the Common Elements shall be owned by the Unit Owners as tenants in common in

accordance with their respective percentages of ownership. The ownership of each Unit

shall not be conveyed separate from the percentage of ownership in the Common Elements

corresponding to said Unit. The undivided percentage of ownership in the Common Elements

corresponding to any Unit shall be deemed conveyed or encumbered with that Unit, even

9

933PAGE 93"3though the le~al description i~ the ~t~ument eonve~in~ ~ ~eumberin~ said ~nit m~ ~ot

make specific reference to ~ch undi~d~ pereent~e o~-o~ership ~ ~e ~mmon

~emen~.

(b) Ownership of the ~mm~ity FaciHti~. ~ter ~st~ti~ completion

of ~e ~mm~ity FaeiHti~ ~d d~ieation of .~ Ph~s, ~velo~r a~e~ to deed a

p~rata ~divided ~tere~ .~ the ~mm~ity Fae~ties ~Heetively to ~e Unit.O~ers. ~e

Unit Ownem shall each be ~oeat~ a one si~-four~ (1/64) ~ter~t ~ ~id prorata

~divided ~terest ~ the ~me m~er ~ Unit Owners ~e ~at~ ownership of ~e

~mmon Elemen~: ~e.Unit Owne~ of Ph~es IA~ ~, ~d IC sh~ be conveyed a collective

p~reta ~divided interest ~ ~e ~ommunity Facilities ~d ~ Unit O~ers o~ aH ph~es

shah o~~e ~mmunity Facilities in’ common in pro~rtion to ~e~ respective percentage

interests.

8. (a) General ~se of the Common ~ements. ~eept ~ otherwise p~vided

~erein, each Unit Owner sha~ have the right to use the ~mmon ~ements ~ common with.

aH other. Unit Owners, as may be required for the purposes of acted, in~e~ to, e~e~

from, use, occupancy and enjoyment of the respective. Unit owned by such Unit Owner. ~eh

right tO use the Common-~emen~ shah extend to not only each Unit Owner, but a~ to his

agents, servants, family members, ~d ~vitees. However, each Unit Owner shah have the

right to the exclusive use and posse~ion of the Limited Common Elements conti~ous to and

serving such Unit alone or wi~ adjoining Uni~. ~ch righ~ to use the ~mmon Elements,

including the Limited Common ~emen~, shah be subject to ~d governed by the provisions

of the Act, M~ter Deed, Bylaws and r~es and reg~ations of the ~sociation, ~ addition,

the ~oeiation s~H ~ve the authority to l~se, ~ant concessions or ~ant easements with

I0.

respect to parts o.f.the Common Elements, subject to the provisions of the Master Deed and

Bylaws. All income derived by the Association from leases, concessions or other sources

sha~ be held and used for the benefit of the members of the Association, pursuant to such

rules, resolutions or regulations as the Board may adopt or prescribe.

(b) Roadsand Sidewalks. All roads and adjacent Sidewalks now or

hereafter existing or built wi~in the Parcel shall be Common Elements (except as otherwise

stated in this Master Deed or shown on the Plat) and are specifically for use by the Unit

Owners of the Parcel, the Developer as described in Section 5(e), and for Unit Owners of All

Phases for the purpose of access, ingress to, egress from the respective Units of the

Parcel and of All Phases and to the Comrnunity Facilities. Such rights shall extend to

agents, servants, family members, and invitees of the Unit Owners. No rights or privileges

to the use of such roads and sidewalks are intended to be extended to or established hereby

for the benefit of the general public, and the right tO regulate traffic and restrict speeds of

motor vehicles of any kind is expressly vested in the Association. The Association, acting

through its agents, employees and Officers, shall further have the absolute right, in its sole

discretion, to deny or prevent entrance upon the Parcel and use of all or any portion of the

Common Elements by persons other than Unit Owners, their agents, servants, family

members, and invitees. All forms of soliciting upon the Parcel and Property are hereby

prohibited and notice of such prohibition is hereby given.

(c) Parking Spaces. Parking spaces, within the Parcel shall be part of the

Common Elements, and use may be regulated by the Board in its discretion.

(d) Ingress and Egress Easements. Developer hereby establishes perpetual

easements across now existing or hereafter constructed roads and other Common Elements

of the Parcel for the purpose of ingress and egress to the remainder of the Development

Property. Said easements shall be for the use and benefit of the Developer, its agents,

employees, contractors .and subcontractors, and their }espective agents and employees, and

11

the Unit Owners of All Phases and their agents, servants, family members and invitees, and

shall run with and be bihding upon the Property. The easements established herein are for

p~ivate use of the Developer and Unit Owners, their agents, servants, family members and

invitees, and do not eonfer~any rights whatsoever upon the general.public. No easement

established hereby shall be. across or through any Unit or Limited Common Elements.

(e) Mutual Easements. Perpetual easements for All Phases are hereby

reserved across th.e Parcel for ingress, egress, water, sewer, drainage and other utilities and

such easements shall be over and across the. portions of the Parcel that contain the roads,

nature, walk, water, sewer and other utility lines, but not through any Buildings, Units or

¯ Limited Common Elements.. The purpose of these e~sements is to tie in certain Common

Elements of Phase ID such as roads, the nature walk, water, sewer, and other utilities to

these common Elements in phase IA, IB, and IC. The perpetual easement for drainage from

All Phases shall be generally across the Parcel as the drainage naturally flows or is routed

by drainage facilities on the Parcel. Further, general non-exclusive ingress and egress

easements are reserved across the Parcel but not through or across Units, Buildings or

Limited Common Elements.

9. (a) Common Expenses. Each Unit Owner shall pay his proportionate share

of the expenses of the administration and operation of the Common Elements and

Community Facilities end of. any other expenses incurred in conformance with the Master

Dee~ and Bylaws (which expenses are herein sometimes referred to co.llectively as "common

expenses"), including, but not limited to, the maintenance and repair thereof and any and all

replacements and~dditions thereto. Developer shall not be required to expend from its own

funds directly any sums of money for maintenance, replacements, or any other expenses of

the administration of the Common Elements, provided, however, Developer may, at hi~

option, advance such sums to the Association which Developer in good faith deems

reasonably necessary for payment of such expenses, maintenance, and replacements or may

.~ay directly the costs thereof. In either event Developer shall be allowed a credit for such

sums so advanced or expended, such credit to be fully applied against any liability Developer

has hereunder for payment of his. prorata or p~oportionate share of the common expenses as

a~Unit Owne~. The proportionate share of the common expenses for each Unit Owner shall

be prorata as each Unit bears to the total Units. Such prorata or proportionate share shall

be assessed as One assessment collectively for all Unit Owners owning a Unit. Payment of

common expenses, including any prepayment thereof required by contract for, a sale of a

Unit, shall be in such amounts and at such times as determined in the manner provided in the

Bylaws. No Unit Owner shall be exempt from payment of his proportionate share of the

common expenses by waiver or non-use or enjoyment of the Common .Elements or Limited

Common Elements, or by abandonment of his Unit. If any Unit owner shall fail or r.efuse’to

make any such payment of the common expenses when due, the amount thereof, together

with interest thereon at the highest rate as may then be permitted under the laws of the

State of Tennessee, after said common expenses became due and payable, shall constitute a

Hen on the Unit owned by.such Unit~ Owner and the interest of such Un.it Owner and the

interest of such Unit Owner in the property of which the Unit is a part.

(b) Enforcement of Lien. For and in consideration of the privileges,

protections, mutual enjoyment and use of the Common Elements and the premises contained

herein, for the purpose of securing the payment of said. lien indebtedness; rendering

unnecessary court proceedings for the enforcement 5f said lien in the event of the non-

payment of said indebtedness and payments .thereof, as they become due, and for the

consideration ofOne Dollar ($1.00) paid in cash, receipt of which is acknowledged, the said

Unit Owners, their heirs, administrators, and assigns, hereinafter referred to as trustors,

hereby transfer and convey unto Mark H. WeStlake, Trustee, his successors and assigns, the

real estate described in Exhibit "A", with the appurtenances, estate, title and interest

thereto belonging unto the Trustee for the following uses and trusts:

Trustors agree to pay their prorata share of common expenses when .due, and

further agree to pay all taxes and assessments thereon, general or special, and to pay.

them when due, and, upon demand of said trustee or the lawful owner and holder of said

indebtedness, to pay, discharge or remove any and all liens (except a first deed of trust)

13

. 9.33P Ewhich may be hereafter placed al~ainst the Property and which shall adversely affect the

lien of this instrument or enforcement of the terms and provisions hereof; to keep the

i~:~provements on said Property in I~ood repair and preservation, and in ease the trustee or

his successors or the lawful owner and holder of said indebtedness shall hereafter be

required to appear in any eou~t or tribunal to enforce, or defend the title to, or possession

of, said Property, or the li~n of this instrument, or appear .in any. court to prove the above

indebtedness, ail the costs and expenses of such appearance or proceedings, toge .ther With a

reasonable attorney~J fee, shall be allowed, and be payable .by trustors upon demand of the

¯ trustee or lawful owner or holder of said indebtedness, and, upon failure to do any of these

things,’then said tru.stee, o~ the lawful owner ~nd holder of said indebtedness, may do any or

all of these things and the amounts so paid shall bear interest from the date of payment at

the highest contract rate permitted by the laws of the State of Tennessee and Shail be and

become a part of the indebtedness secured hereby.

Now, if trustors shall pay their prorata share of the common expenses aforesaid

when due, and pay any and a11 sums When due, as aforesaid, then this trust conveyance shaH.

be of no further force or effect. But if said .indebtedness, or any payment thereof, or

interest thereon, is not paid promptly when due, or if, failing to pay said other sums when

due, as herein provided, trustors fail to reimburse the trustee, or lawful owner and holderof

said indebtedness., within thirty (30) days from date of such payment, this trust conveyance

shall remain in full force and effect, and the said trustee, or h!s successor in trust, is hereby

authorized and empowered, upon ~iving twenty (20) days~ notice by three (3) publications in

any newspaper, daily or weekly, published in Davidson County, Tennessee, to sell said

Property at the front doo~ ofthe Courthouse in.said County. to the highest bidder for cash,

at public outcry, free from the equity of redemption, homestead, dower and ~,11 other

exemptions of every kind, which are hereby expressly waived; and the said trustee, or his

successor in trust, is authorized and empowered to execute and deliver a deed to the

14

purchaser, but only if such pureh~er ~t~fi~ ~e requiremen~ of ~etion 17 hereof.

~e ~soeiation may bid at ~y s~e under ~ trot conveyance. ~e ~tee may~ at any

t~e after default in the payment of ~y of ~id ~debtedne~, enter ~d take poss~sion of

~id ~perty, ~d sh~ on~ account }or ~e net ren~ actually received .by him. It is

further agreed t~t, ~ ~e event the ~t.ee fa~, before se~ng ~id ~perty ~ herein

provided, to enter ~d ~ke ~sse~sion ~ereof, ~e pur~h~er sh~ ~ entitled to immediate

.p~session thereof upon the delivery to him by the ~tee of a deed for ~Jd ~operty. ~

ease of s~e hereunder, the procee~ wi.H be applied by the tr~tee ~ follows:

1. To ~e payment of a~ costs, charges and e~enses of executing ~is

conveyance and enforci~ ~id ~en ~ here~ provided; a~o reasonable attorneys’ fees for

advice in the premises, or for ~tituting or defending ~y Htigation which may arise on

account, of the execution of th~ conveyance, or ~e enforcement of ~id Hen; a~o the

e~enses of ~y such htigation.

2. To the payment of aH taxes which may be unpaid on said premises.

3. To the payment of aH ~paid indebtedness herein secured, and ~y and

aH sums expen~ed in the protection of ~id property, ~ herein au~orized.

4. . The residue, if ~y, will be paid to ~ustors, their order, representatives

or assi~s.

~. ease of the death, absence, ~abilJty, or ref~al to act of said trustee at any time

when action under the foregoi~ power and trus~ m~y be required or for any other re,on,

the lawful owner ~d holder of said Hen ~ hereby authorized and empowered to name ~d

appoint a successor to execute this trust by ~ instrument in writing to be recorded in the

Register’s .Office for David~n County, Tenne~ee, and the title herein conveyed to the

a~ove named trustee shah be vested in ~id successor.

The word "~ustors" when ~ed herein shah apply to parties both sin~r ~d

plural.

15

(e) First Deed of Trust Protection. The.lien for common expenses payable

by a’Unit Owner shall be subordinate to the lien of a recorded first deed of trust on the

i~terest of such Unit Owner,. except for the amount of the proportionate share of common

expenses, which become due and payable from and .after the date on which the mortgagee or

beneficiary thereunder either takes possession of the Unit encumbered thereby, accepts a

conveyance of any interest therein (other than as security) or forecloses its deed of trust.

This subparagraph (c) shall not be amended, changed, modified or rescinded without the prior

written consent of all first mortgagees and beneficiaries of record:

(d) Additional Common Expenses. The Board and Association shall

administer the Common Elements ~f All Phases and all Unit Owners shall contribute to the

common expenses which shall become expenses of administration and operation of the

Common Elements of All Phases and the Community Facilities, including, but not limited to,

the maintenance, repair and replacement thereof. Payments or contributions shall continue

to be assessed by the Board prorata as each Unit bears .to the total units of all phases

submitted to the Act, The Board shall continue .to determine the amounts,¯ times and

manner of payments as provided in the Bylaws.

10. Deeds of Trust. Each Unit Owner shall have the right, subject to the

provisions, herein, to make separate deeds of trust for his respective Unit together with his

respective ¯ownership interest in the Common Elements. No Unit Owner shall have the right

or authority to make or create, or cause to be made or created, from the date hereof, any

deed Of trust or other lien on or affecting the Property or any part thereof, except only to

the extent of his own Unit and the respective percentage interest in the Common Elements

corresponding {~hereto.

16

11. Separate Real Estate Taxes. Real estat.e_ ta~es shall be separately t~xed to

each Unit Owner for his Unit a~d his corresponding percentage of ownership in the Common

Elements, as provided in the Act. In the event that such taxes for any year are not

separately taxed to each Unit Owner, but rather are taxed on the Property as a whole, then

each Uni~ Owner shall pay his proportionate share thereof in accordance w~th his respective

percentage of ownership interest in the Common Elements, and, "m said event, such taxes

shall be a common expense.

12. Insurance. The Board shall have the authority to and shall ~btain insurance

for the Property, Common El.emerita, Limited Common Elements and Community Facilities,

exclusive of the additions within, improvements to and decorating of the Units by the. Unit

Owners and personal property of the Unit Owners within each Unit, against loss or damage

by fire, vandalism, malicious m~sehief and such other hazards as are covered under standard..

extended coverage or "multi peril" provisions for the full insurable replacement cost of the ’

Community Facilities, Common Elements and Limited Common Elements~ and against such

other hazards and for Such amounts as the Board may ¯deem advisable. Insurable

replacement cost shall be deemed the cost of ~’estoring the Community Facilities, Common

Elements and Limited Common Elements, or any part thereof to suSstantially the same

condition in which they existed prior to damage or destruction. Such insurance coverage

shall be written in the name of, and the proceeds thereof shall be payable to, the Board of

Managers of the Association, as the trustee for each of the Unit Owners in direct ratio to

said Unit Owner’s respective percentage of ownership in the.Common Elements, as set forth

in this Master Deed, and for the holder of a deed of trust on his Unit, if any. The policy of.

insurance should also contain, if possible, a waiver of subrogation rights by the insuror

against individual Unit Owners. The premiums for such insurance shall be a common

expense. However, at the option of the Board, and upon written notice to all Unit Owners,

premiums for such insurance shall be separately billed to each Unit Owner for his Unit ar, d

his corresponding percentage of ownership in the Common Elements.

17

9-33P 5 9 47

(a) Damage to the Community Facilities. In. the event the Community

Facilities are damaged or destroyed by fire or other casualty and there are sufficient

insurance proceeds available to the Board for repair and/or ~eplacement of the Community

Facilities, repair or replacement shall be made at the discretion of the Baord. In the event

there are insufficient insurance proceeds available, repair or replacement shah be made only

after the vote of a majority of all Unit O~ners or members of the Association casting votes

in the manner described in the Bylaws.

(b) Damage to Buildings and/or Common Elements. Inthe event of damage

to or destruction, of any Buildings, Common Elements or Limited Common Elements as a

result of fire or other casualty covered by insurance proceeds (unless more than two-thirds

(2/3.) of any Building or Buildings requires .reconstruction) the Board shall, in its discretion,

with the prior written approval of a majority of the mortgagees of the Units affected,

determine and, without intervention of any, Unit Owner, arrange for the prompt repair and

restoration of the damaged portions of all Units, Buildings, Common Elements and Limited

Common Elements Substantially in accordance with the original plans and specifications

therefor~ Where the insurance indemnity is insufficient to cover the cost of such repairs and

restoration, the deficit shall be paid by all Unit Owners directly affected by the damage, in

proportion to each unit’s percentage of ownership in the Common Elements. The Board Shall

¯ not be. responsible for the repair, replacement or restoration of any wall, ceiling or fio.or

decorations or covering, or furniture, furnishings, fixtures, appliances or equipment installed

in the Unit by a Unit Owner or Occupant unless insurance therefor is specifically provided

for in the insurance policy obtained by the Board.

Reconstruction shall not be.. compulsory where the whole or more than two-thirds

(2/3) of all the Phase ID Buildings, Common Elements and Limited Common Elements are

destroyed or damaged by fire or other casualty, as determined by the Board. In such ease,

and unless otherwise unanimously agreed upon by the Unit Owners and their mortgagees, the

18

Bk,~ IO ,..1,0 0 r~ur.. ,J ’--t 0

insurance proceeds shall be delivered to the Unit Owners or their mortgagees, as their

interest may appear, in proportion to the pe.reentage interest of each Unit Owner in the

Common Elements;and the Board, as soon as reasonably possible and as agent for the Unit

Owners, shall sell the Proper.ty, in its then condition, fr~e from the effect of this Master

Dee.d, which, shall terminate upon such sale, on terms satisfactory to the Board, and the net

proceeds of such sale and the net proceeds of all. insurance policies shah thereupon be

distributed to the Unit Owners or their mortgagees,, as their interest may appear, in

proportion to the percentage interest of.each Unit owner.in the Common Elements. If the

Board fails to consummate a sale pursuant, to this paragraph within ~wenty-four (24) m~nths

after the destruction or damage occurs, then the Managing Affent, or the Board, Shall, or if

they do not, any Unit Owner or Mortgagee may, record a sworn Declaration setti.ng forth

such decision and reciting that under the provisions of this Master Deed the prohibition

against judicial partition provided for in this Master Deed has terminated and that judicial

partition of the Property may be obtained pursuant .to the laws of th& State of Tennessee.

Upon fina.l judgement of a court of competent jurisdicition decreeing such partition, this

Declaration shall terminate.

The Board shall also have authority to and shall obtain comprehensive public liability

insurance, in such amounts as it deems desirable~ and workments eom.pensation insurance and

other liability insurance as it deems desir.~ble~ insuring each Unit Owner~ mortgagee of

record~ if any, the Association~ its officers, members of the Board and employees,, the

Developer, and the Managing /~gent,if any~ fro m liability in connection with the Community

Facilities and Common ~.lements. The premiums for such insuanee shall be a common

expense. However, at the ’option of the Board~ and upon written notice to a.].l Unit Owners~.

premiums for such insurance shall be separately billed to each Unit Owner for his

corresponding percentage of ownership in the Common Elements. The Board shall retain in

safekeeping any such public liability policy for twenty-three (23) years after the expiration

date of the policy.

¯ The Board shall also have authority to and may obtain such insurance as it deems

desirable, in s~eh amounts, from such sources and in such forms as it deems desirable,

insuring the Property and each member of the Board and officers of the Association, and

members of any Committee appointed pursuant to the Bylaws of. the Association from

liabili.ty arising from the fact that said person is or was a member of the Board o~ officer of

the Association, or a member of such a committee. The Board shall require such fidelity

bond coverage as necessary ~or any person or Board member handling Association funds.

The premiums for such insurance and bonds shall be a common expense.

Eseh Unit Owner s,hsll be responsible for obtaining his own insurance on the

contents of his own Unit, as well as his additions and improvements thereto, decorations,

furnishings and personal property therein,, and personal property stored elsewhere on the

Property. In addition, in the event a Unit Owner desires to insure against his personal

liability and loss or damage by fire or other hazards above and beyond the extent that his

liability, loss or damage is covered by the liability insurance and insurance against loss or

damage by fire and such other hazards obtained by the Board for all of the Unit Owners as

part of the common expenses, as above provided, said Unit Owner may, at his option ~nd

expense, obtain additional insurance.

13. Maintenance, Repairs and Replacements. Each Unit Owner, at his own

expense, sha]l furnish and be responsible for all maintenance of, repairs to and replacements

within his own Unit. Provided, however, the Board may choose to provide such maintenance

and repairs as part of the common expense. ~.~aintenanee of, repairs to and replacements

within the Common Elements shall be the responsibility of and sha]l be furnished by the

Association. The cost of maintenance of, repairs to and replacements within the Common

Elements shall be part of the common expenses, subject to the Bylaws, rules and regulations

of the Association. To the extent not covered by the Assoeiation~ insurance, the expenses

.for the maintenance, repair or replacement of Limited Common Elements shall be borne by

the .owner of the Unit to which such IMmited Common Elements are appurtenant and at the

discretion of the Board, maintenance of, repairs to and replacements within _th~e_o-ther-

L~.mited Common Elements may be assessed in whole or in part to Unit Owners benefited

thereby, and, further, at the discretion of the Board, the Board may direct unit Owners who

stand to be benefited bysuch maintenance of, repairs to and. replacement within the Limited

Common Elements td arrange for such maintenance, repairs and replacement in the name

and for the account of such benefited Unit Owners, pay the cost.thereof with their own

.funds, and procure and deliver to the .Board such lien waivers and contractors’ and

subcontractors’ sworn statements as may be required to protect the Property from all

mechanics’ or materialmen~ lien "claims that may arise therefrom.- Anything herein to the

contrary notwithstanding, the Association shall control and pay for replae.ement of

shrubbery and plantings adjacent to the exterior front wall of each Unit, which shall be a

common expense. Maintenance of such shrubbery and plantings shall be the responsibility of

each Unit Owner, and each Unit Owner must keep such shrubbery and piantings reasonably

maintained. ’Furth.er, Unit Owners must reasonably maintain all plantings inthe planters

adjacent to their .pa~tios. The Association shall have the authority to provide such

maintenance (to the extent of a Unit Owner’s faiiureto provide the same) and assess the

cost thereof against such Unit Owner as above provided.

If, due to the act or neglect of a Unit Owner, or of his agent, Servant, tenant,

family member, invitee, licensee or household pet, damage shall be caused to the Common

Elements or to a Unit or Units owned by others, or maintenance, repair or replacement are

required which would otherwise be a common expense, then such Unit Owner shall pay for

such damage’ or such maintenance, repair and replacements, as may be determined by the

Association, to the extent not covered by the Association’s insurance o’r sufficient proceeds

are not collected from the insurance carrier.

The authorized representatives of the Association, Board or of the Managing Agent

with a~prova~ of the’ Board sha!! b~ entitled to reasonable access to the individua! Units and

Limited Common Elements as may be required in connection with the preservation of any

individual Unit or Limited .Common Elements in the event of an emergency, or in ebnneetion

with maintenance of, repairs or replacements withih the Common Elements, Limited

Common Elements or any equipment, facilities or fixtures affecting or serving other Units,

Commori Elements and Limited Common Elements or to make any alteration required by any

governmental authority.

14. A!terations~ Additions or Improvements. Except as provided in paragraph 18

herein, no alteration of any Commor~ Elements or Limited’, Common Elements, or any

additions or~ improvements thereto, except for required maintenance and replacement, shah

be made by any. Unit Owner without the prior written approval of the Board. The Board may

authorize and charge as common expenses alterations, additions and improvements of the

Common Elements as provided in the.Bylaws. A Unit Owner may make alterations,

additions or improvements within the Unit of the Unit Owner without the prior written

approval of the Board, but such Unit Owner shall be responsible for any damage to other

Units, the Common Elements, the Property, or any part thereof, restilti.ng from such

alterations, additions or improvements.

15. Decorating.- Each Unit Owner, at his own expense, shall furnish and be

responsible for all decorating within his own Unit as may be required from time to time,

including painting, wall papering, washing, cleaning, paneling, floor covering, draperies,

window shades, curtains, lighting and other furnishings and decorating. Each Unit Owner

shall be entitled.to the exclusive use of the interior surfaces of the perimeter walls, floor

and ceilings of his Unit, and such Unit Owner shall maintain said interior surfaces in good

condition at his sole expense, as may be required from time to time. Said maintenance and

use of interior surfaces shall be subject to the rules and regulations of the Association, but

22

9 3 9 5 2each such Unit Owner shall have the right to decorate such interior surfaces from time to

time as he may see fit and at his sole .expense. Decorating of the Common Elements,.

L~mited Common Elements (other than the interior surfaces of the drywall as above

provided, interior doors and door frames located within a Unit, pulldown stairs within a Unit,

an~l automatic garage door openers), and any redecorating of Units, to the extent sueh

redecorating of Units is made necessary by damage to Units .caused by msintenariee, repair

or replaeement of the Common Elements bY the Association, shall be furnished by the

~ Association as part of the common expenses.

16. Eneroaehments. If any portions Of the Common Elements shallactually

encroach upon any Unit, Or if any. Unit shall actually encroach upon any portions of the

Common Elements, or if any Unit shall actually encroach upon another Unit, as the Common

Elements and Units are shown by the Plat, there shall be deemed to be mutual easements in

favor of the owners of the CommOn Elements and the respective Unit O.wners involved’, to

¯ the extent of such eneroaehments, so long as the same sha.11 exist.

17. Transfer. of a Unit.

¯(a). Unrestricted Transfers. Without restriction, a Unit, or any interest

therein, may be transferred by will or intestate succession to anyone who will become an

Occupant upon sueh transfer and who is fifty-five (55) years of age or Older, or who will

attain such age within one (I) year after such transfer. If. a Unit is so transferred by. will or

intestate suecession to a trustee of a tr .ust, the beneficiary of the trust must be an Occupant

and must be fifty-five (55) years of age or older at the time of the transfer or within one (i)

year from "such transfer. Thereafter, during the continuance of the trust, all future

beneficiaries must remain Occupants who are fifty-five (55) years of a~e or older, and upon

termination of the trust, only an Occupant who is fifty-five (55) years of age at the time

may be the transferee of the Unit. Notice of any such unrestricted transfer sha].1 be ~iven

by the transferee to the Board within ten (10) days following consummation of such transfer.

(b) Restriction on Leasing;. No Unit, o~ interest therein,, shall be leased by

a Unit Owner. Any lease made by a Unit Owner or Owners shall be voidable~ at the option

of. the Board and/or Developer~ by giving five (5) day’s written notice to theUnit Owner(s)

and tenant.

(c) Restriction on Transfers. A I~ait Owner may not sell, or otherwise

transfer his Unit, or any interest therein, to someone other than a person whowill be an

.Occupant within thirty (30) days after the sale and who is fifty-five (55) years of age or

older at the time of the transfer. (The purchaser may be an .indirect owner, e.g., where he is

the beneficiary of a trUst holding legal title.) A Unit shall not be permanently occupied by

more than two (2)Occupants. If a Unit is owned or occupied by more than one (1) Occupant,

one (1) of the permanen.t Occupants must be at least fifty-five (55) years of age and the

other permanent Occupant must be at least twenty-one (21) years of age. Further, any

purchaser or purchasers of a Unit must certify to the Developer and to the Association prior

to the transfer that the Unit being purchased or transferred will be occupied by such

purchaser or purchaser as his, her or their principal residence. Such purchaser or purchasers

must further certify theirdates of birth. A Unit Owner shall give to the Developer and the

Association ten (10) days prior written notice of the proposed transfer, which notice ~hall

briefly describe th~ type of transfer proposed by the Unit Owner and shall state the name,

address and age or ages of the proposed transferee(s). Any transfer by a Unit Owner in

violation of any of the above requirements shall be Voidable, at the option of the Association

and/or Developer.

(d) Sale to the Developer/Failure of Unit Owner to Sell to a Qualified

Purchaser. Provided a Unit Owner has:

(i) in the opinion of the Developer exerted reasonable efforts, to

negotiate a sale of his Unit to a purchaser who satisfies the requirements of Section 17(c)

above;

24

(2) has owned his Unit for at Ica~t three (3) y~ars; and

¯(3) obtained the Developer’s prior written ~nsent to any alterations,

additions or improvements to the I/nit or any Limited C~mmon ~lements appurtenant to

such Unit;.

the Developer agrees to purchase the .Unit owned by ~uch Unit Owner for cash equal to

eighty percent (80%) of it~ fair market value.

In "the event a Unit Owner dies and a transfer of a Unit will occur that will not be

an unrestricted transfer as above described in Section 17(a), the Developer agrees to

purchase the Unit for cash equal to eighty percent (80%) of its fair market value.

(e) Determination of l~ai} Market .Value~ The fair market value of the

Unit, for the p.urpose of the immediately preceding paragraph, shall be determined by an

M.A.L appraiser mutually agreed upon by the transferring Unit Owner or the Uni~ Owner’s

executor or administrator and the Developer, and, in the. event of no prompt agreement on

said. appraiser, .by a majority decision of three M.A.I. appraisers, one chosen by the

transferring Unit Owner or his executor or administrator, one chosen by the Developer and

the third chosen by the two appraisers. The cost of said appraiser or appraisers shall be.paid

one-half (1/2) by the transferring Unit Owner or his executor or administratoran.d one-half

(1/2) by the Developer.

(f) Cl~sing Procedure. The Developer may waive the above requirement of

three (3) year ownership in the event the Developer determines that such requiremea~ would

cause the Unit Owner a hardship. The factors constituting a hardship shall be determined by

the Developer in its sole discretion. The Developer may either assume any deeds of trust

encumbering such Unit, provided the same are assumable and deduct the assumed balance of

such deed o.f trust from the cash due the Unit Owner, or in the alternative, the Developer

may pay in full all or any of such deeds of trust from the cash due the Unit Owner at the

closing of such Unit. Any other liens encumbering such Unit must be satisfied in full ~t the

25

time of closing~ either, from the cash due at closing or from the separate funds of the Unit

Owner. Yurther~ the title to said Unit must be marketable and insurable at the normal risk

rate .by a title insurance company cho.sen by the Developer. The closing shall be determined

by the Developer .but shall be within, ninety (90) days after a Unit Owne~ notifies the

DeveloPer that such Unit Owner desires to sell his Unit to the Developer under the above

procedure or ninety (90) days following the death of a Unit O~er. At closing, the Unit

Owner or his executor, admir~strator or heirs shall deliver a warranty deed conveying the

Unit free .from encumbrances, except those approved by the Developer, and the Developer

shall deliver .the cash purchase pricecomputed in accordance .herewith.

(g) I~urther Sxceptions to Restricted Trans.fers.

(1) Hol~]er of a t~irst .Deed of Trust. A transfer or lease of a Unit~ or

interest therein~ by the holder of any first deed-of trust’ on a.. Unit which comes into

possession of the mortgaged Unit pursuant to remedies provided in such deed of trust, or

pursuant to foreclosure of such deed of trust, or pursuant to a deed (or assignment) in lieu of

foreclosure, of .such deed of trust~ shall not be subject to the provisions of this paragraph .17.

Further~ a sale at foreclosure by such "holder of a first deed. of trust shall not be .subject to

.the restrictions of this paragraph 17. Such sale at foreclosure and/or a sale by the holder of

a first deed of trust which owns such Unit as a result of foreclosure or deed in lieu there0f~

as provided above, shall be subject to the rights of redemption hereinafter described:

(2) Right of Redemption. The Developer shall have the right~ within

sixty (60) days following notice of a sale by the holder of a first deed of trust, who owns such

Unit as a result of a foreclosure or adeed in lie~ thereof, as descriSed in the immediately

preceding paragraph, and following a sale at foreclosure to a party other than the holder of

the first deed of trust, to purchase such Unit from Such purchaser who receives a deed from

the .holder of the first deed of trust, or who receives a deed from the trustee under such

deed of trust. The sixty (60) day period shall commence upon notice to the Developer and

26

the notice must be given by the holder of the first deed of trust within ten (10) days

following the date of the delivery of a deed to the purchaser from the trustee under the first

deed of trust or the holder of a first deed of trust. The notice from the deed of trust holder

shall be accompanied by a copy of the executed deed to the purchaser and said notice shall

state the amount of the’purchase price. The right of redemption may be. exercised by the

DeVeloper by giving ~otice to such purchaser at the address shown in the deed and ~he holder

of the first deed of trust (the "closing notice"). Closing shah occur Within ten (10) days from

’the" date the closing notice Js given. At closing, the Developer shall deliver in cash ~

amount of the purchaser’s purchase price paid for the subject Unit, plus interest from the

date of the notice from the holder of the first deed of trust at the rate stated in the note

which was secured by the subject deed of trust, and the.purchaser shall deliver a g.eneral

.. warranty deed to the Developer¯ Any deeds of trust encumbering such Unit may either be

paid in full or assumed at the option of the Developer, and the halanee of the deed of tr’ust

or deeds of trust so assumed to be deducted from the cash due the Unit Owner at closing.

The cash paid at closing shall be used for payment of such deeds of trust,, if elected by the

Developer, and further, for the payment of any other liens to the extent that there are

sufficient funds available from such cash.

(3). Right of Redem[~tion and Right of Transfer Upon Default Su[~erior

to Liens. The above right of redemption and rights in the event of default, as described in

paragraph 17(k), sh~ll be superior to any and all liens of creditors of a UnitOwner, the

United States Government, and any agency or branch thereof, the Government of the State

of Tennessee, or any agency or department thereof, and the Metropolitan Government of

Nashville and Davidson County, Tennessee, or any agency or department thereof. The

interest of such creditors or other entities described above shall attach to the cash paid at

closing to the extent any cash remains after payment of any superior deeds of trust on such

Unit.

(h) A~soeiation’s Right to ~eh~e

~After Foree16sure. ~e ~ard sh~ ~ve ~e ~wer ~d au~ority to bid ~d pu~h~ or

e~et to redeem ~y Unit puget to ~e ri~t ~ant~ in ~ ~aph 17, for ~d on

beha~ of ~e ~oeiation, ~y U~t, or ~terest ~erein, ag a s~e pm~t to a deed of ~t

foreclose, a. foreelo~re of ~e H~ for common e~ens~ ~der ~e Act, or ~ order or

direction of a court, or at ~y o~er involunt~y ~e, u~n ~e. e6nsent or ~prov~ of Unit

Owner~ owning not 1era t~n three-fift~ (3/5) of ~e tot~ vot~ of the Unit owners. ~eh

consent shah set for~ a maximum price ~ the ease of a bid at foreelos~e or o~er

inv01~t~y sale which the ~rd or i~ ~ly author~ ~ent may bid ~d pay for said Unit.

(i) Financing of Pureh~e ’by ~oeiation. The ~rd s~H. have authority

to make such mortgage ~ra~emen~ and special ~se~men~ pro~rtionately ~mo~

respective Unit Owners, ~d other such financing ~rangemen~ ~ the ~ard may .deem

desirable, ~ order to close and co~ummate the purch~e or lease of .a Unit, or ~terest

therein, by the ~oeiation. However, n0 such financing arrangement may be secured by

encumbrance, on any interest in the Property other th~ the .Unit, or interest therein, to. be

purchased or l~sed, ~d the percentage ~terest in the Common Elemen~ appurtenant

thereto.

(j) ~le of a Unit by the ~oeiation. The ~ociation.sha~ hold ~y Unit,

pursuan~t to ~e terms hereof, in the name of ~e ~soeiation, or a nom~ee ~ereof

delegated by the ~ard, for the sole benefit of aH Unit Owners. The ~ard shah have the

authority at ~ytime to se~ said Unit on beha~ of the ~sociation u~n such terms ~ ~e.

Board sha~ deem desirable, but in no event shah a Unit be sold for le~ than the amount paid

by the ~soeiation topurchase ~id Unit unle~ Unit Owne~ owning not less ~an ~ree-

fifths (3/5) of the total votes of the Unit Owners fi~t authorize the ~le for’such lesser

amount.

28

(k) :Right of Developer to cure Defaults. Developer reserves the right to

cure any default declared under any first deed of trust encumbering a Unit and all such sums

so expended shall be paid by the Unit Owner upon demand to the Developer. All such sums

so expended and not Paid upondemand shatl constitute a lien in favor of the Developer upon

the subject Unit. In the event the amount pa.id by the Developer equals at. least four (4)

monthly payments due under said deed of trtist, the Developer shall, following failure of the

Unit Owner to reimburse the Developer after demand therefor, have the right to elect to

have the subject Unit transfer’red to the Developer. Upon notice to the Unit Owner, said

Unit Owner shall immediately execute and deliver a warranty deed conveying said Unit to

the Developer.

(I) Miscellaneous.

(1) All notices referred to or required under this paragraph 17 shall

be given in the manner provided in this Master Deed for the giving of notices.

(2) The provisions of this paragraph 17 with respect to the

Association’s and Developer’s right of redemption shah be and remain in full force until

August 31, 2046.

(3) The Board may adopt rules and regulations, from time to time,

not inconsistebt with the provisions of this paragraph 17, for the purpose of implementing

and effectuating said provisions.

(4) If any transfer or lease of a Unit is made or attempted without.I

complying with the provisions of this paragraph 17, such transfer or lease shall be ~oidable

at the option of the Assoeiatio.n subject to each and all of the rights and options of, and

remedies and actions available to, the Association hereunder and otherwise.

(5) In the event of any transfer of a Unit, or any interest therein, the

transferee shall be jointly and severally liable with the transferor for all. unpaid assessments

of the transferor accrued and payable prior tothe date of the transfer.

29

6933P 95918. Use and Occupancy Restrictions. Subject to the provisions of..the Bylaws, no

part of the Property may be u~.ed for purposes’other than housing and the relating common

purposes for which the Property was designed and as allowed by municipal zoning laws.-.. ¯

Each Unit or any two or more adjoining Units-used together shall be used as a residence or

such other use permitted by this Master Deed, and for no other purpose, except that

professional and quasi-professional people may use their residence (not in violation of

municipal zoning laws) as an ancRlary or second.ary facility to an office established

elsewhere. The foregoing ’restrictions as to residence shall not, however, be construed in

such manner as .to prohibit a Unit Owner from: (a) maintaining his personal professional

library; (b) keepin~ his personal business or professional records or accounts; or (c) handling

hispersonal business or professional telephone calls or corres~ndenee. Such uses are

expressly declared customarily incident to the prindip~l residential use and notin violation

ofsaid restrictions or municipal zoning law.

The Common Elements shall be used only by the Unit Owners and their agents,

serv.ants, family members, and invitees for access, ingress to and egress from the respective

Units and for such other purposes incidental to use of the Units; provided, however, any

areas designed for a specific use shall be used for the purposes approved by the Board. The

use, maintenance and operation of the Common Elements sl~all not be obstructed, damaged

or unreasonablyinterferred with by any Unit Owner, and shall be subject to any lease,

concession or easement, presently, in existence or entered into by the Board at some future

time, affecting any part or all of said Common Elements. ..

No Unit may be permanently occupied by more than two (2) persons, one of whom

must be at least fifty-five (55) years of age and the other of whom must be at least twenty-

one (21) years of age. At least one (1) permanent OcCupant of each Unit. must be the Unit

Owner (either directly or indirectly, e.g., the beneficiary of a trust owning the Unit). The

faet0rs constituting a permanent or semi-ge.rmanent basis shall be as determined by the

3O

_~,Developer for two (2) years from the date hereof and thereafter by the Board in its sole

discretion. The limit upon the number of persons permanently occupying a Unit may be

v~aived by the Devel0pe~ for a period of two (2) years from the date hereof and thereafter

by the Boardupon a determination by the Developer or the Board, as the case m~y be, of a

hardship situation, which determination is to be in the sole discretion of the Deveioper or

the .Board, as the case may be.

19. Remedies. In the event of any violation of the provisions of the Act, Master

Deed, Bylaws or rules and regulations-of the Board or Association by any Unit Owner, the

Association, c,r its successoi’s or assigns, or the Board, or its agent, shall have each and all of

the rights and remedies which may be provided for in the Act, Ma~ter Deed,. Bylaws~ or said

rules and regulations, or which may be available at la.w or in equity, and may prosecute an

action or .other proceeding against, such defaulting Unit Owner and/or others for

enforcement Of any lien and the appointment of a receiver for the Unit and ownership

interest of such Unit Own.at, or fordamages or injunction or specific perf.ormance, or for

judgment for payment of money and collection thereof, or the right to take possession of the

Unit and to sell the same as provided in paragraph 9(b) and as provided hereinafter in this

paragraph 19, or for any combination of remedies, or for any other relief. All expenses of

the Board in connection with any. such. adtions or proceedings, including court costs and

attorneys’ fees and other. fees and expenses and all damages, liquidated or otherwise,

together with interest thereon at the highest rate of interest permitted-under ~the laws of

the State of Tennessee until paid, shall be charged to and assessed against such defaulting

Unit Owner, and shall be added to and deemed part of his respective share of the common

expenses, and the Board shall have a lien for all of the same, as well as for. nonpayment of

his respective share of the common expenses, upon the Unit and ownership interest in the

Common Elements of such defaulting Unit Owner and upon all of his additions and

improvements thereto and upon all of his personal property in his Unit or located elsewhere

31

¯ .. . 961on the Property, provided, hQwevcr, that such lien shall be subordinate to the lien of a

recorded first deed of trust on the interest if such Unit O~ner, except for the amount of

’ t.h_e..~roportionate share of said common expenses which become due and payable from and

after the date on which the said .deed of trust owner .or holder either takes possession of the

Unit, accepts a conveyance of any interest therein (other than as a security) or files suit to

foreclose its deed of trust. In the event of any such default by any Unit Owner, the Board

and the manager or Managing Agent, if so authorized by the Board, shall have the authority

to correct such default, and to do whatever .may be necessary for such purpose and all

expenses in connection therewith shah be charged to and assessed against such defaulting

Unit Owner. Any and all such rights and remedies may be exercised at any time and. from

time to time, cumulatively or otherwise, by the Board. This paragraph shall not be

.amended, changed, modified or rescinded without the prior consent of all holders of record

of mortgage and deed of trust liens against Units.

The violation of any restriction or condition or regulation adopted by the Board or

the breach of any covenant or provision herein contained, shall give the Board the right, in

addition to any Other rights provided for in this Master Deed; (a) to enter (either .peaceably

or forceably Without liability to such. Unit Owner for such entry), upon the Unit, or any

portion of the Property upon which, or as to which such violation or breach exists and to

summarily abate and remove, at the expense of the defaulting Unit Owner, any structure,

thing or condition that may exist thereon con.trary to the intent and meaning of the

provisions hereof, and the Board, or its employees or agents, shall not thereby be deemed

guilty in any manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal

proceedings, either at law or in equity, the continuance of any breach; or (c) to take.

possession (either peaceably or forceably without liability to such Unit Owner for such

entry) ofsuch Unit OwnerVs interest in the property and to maintain an action for possession

of such unit in the manner provided by law.

32

¯ If ar~..¥ Unit Owner (either by h~s own conduct or by the. conduct of any other

~cc.upant of his Unit) shall violate the Act, or any of the covenants or restrictions ~r

pr.ov.isions of this Master Deed or the regulations adopted by the Board, and if such default

or violation shall continuefor ten (10) days after notice to the Unit Owner in writing from

the Board, or shall occur ~repeatedly during any ten (10) day period after such written notice

or request to cure such violation from the Board, then the Board shall have the power to

issue to said defaulting Owner a notice in writing terminating the rights of the said

defaulting Owner to continue-as a Unit Owner and to continue to occupy, use or control his

Unit., and thereupon an action in equity may be filed by the Board against said defaulting

Owner for a decree of mandatory injunction against such defaulting Owner or Occupant, or

in the alternative, for a decree declaring the termination of said defaulting Owner’s right to

occupy, use or control the Unit owned by him on account of said violation, and ordering that.

all the right, title and interest of said defaulting Owner in the Property shall be sold (subject

to the lien of any existing deed of trust or mortgage) at a judicial saleupon such notice and

l~erms as the court Shall determine, except that the court shal~ enjoin and restrain the said

defaulting Owner from reacquiring his interest at such judicial sale. The proceeds of any

such judicial sale shall first be paid to discharge court eosts~ court reporter charges,

reasonable attorneys’ fees and all other expenses of the proceeding and sale, and a11 such

items shall be taxed against said defaulting Owner in said decree. Any balance of proceeds,

after satisfaction of such charges and any. unpaid assessments hereunder or any liens, sha.11

be paid to said defaulting Owner. Upon the confirmation Of such sale, the purchaser shall

thereupon be entitled to a deed to the Unit and the Unit Owner~ corresponding percentage

of ownership in the Common Elements, and to immediate possession of the Unit sold and

may apply to the court for a writ of assistance for the purpose of acquiring such possession,

and it shall be a. condition o.f any such sale, and the ddcree shall so provide that the

purchaser shall take the interest in the Unit Ownership sold subject to this Master Deed.

33

In addition to the other remedies provided for herein, in the event of a defautt by a

Unit Owner in the payment of such Unit Owne~ respective share.of the common expenses

which default continues for a period of ninety (90) days, the Board shah have the power and

authority to place such Unit Owner~ name on a list of de~ii~quent Unit Owners, which list

may be posted in the Multi-Activity Center which is a part of the Community Facilities at a

place designated by the Board for notices-

20. Amendment. The provisions of this Master deed may be changed, modified or

rescinded by an instrument in writing, setting forth such change, modification or rescission,

signed by Unit Owners owning not less than .two-thirds (2/3) of the totat Units and

acknowledged, provided, however, that all ]~en holders of record have been notified by

certified marl of such change, modification or rescission, and an affidavit by the secretary

of the Association certifying to such mailing is made a part of such instrument.

However, if the Act, the ’Master Deed or the Bylaws require the consent or

a~eement of a]~ Unit Owners or of all lien holders for any.action specified in the Act or in

this ]~aster Deed, then any instrument changing,, modifying or rescinding any provision of

this Master Deed with respect to such action sha]~ be signed by a]~ the Unit Owners or a~

lien holders or both as required by the Act or this Master Deed. The change, modification or

rescission, whether accomp].ished under the provisions of the preceding paragraph, shah be

effective upon recording of such instrument in the Office of the Register of Deeds for

Davidson.County, Tennessee; provided, however, that no provision in this M~ster Deed may

be changed, modified or rescinded so as to conflict with the provisions of the Act.

21. Notices. Notices provided for in the Act, Master Deed or Bylaws shall be in

writing, and sha]_t be addressed as hereinafter described:

If to the Association or Board:

The Cloister Owners’ Association6401 Harding RoadNashville, Tennessee 37205

34

" BOOK 6 9 3 ,9If to the Developer:

" St. Henry’s Property Development, Inc. "6401 Harding RoadNashville, Tennessee 37205

Notices’sent to a Unit Owner shall be sent to the Unit. The Association or Board may

designate a different address or addresses for notices to them, respectively, by giving

written notice of such change of address to all Unit Owners. Any Unit Owner may designate

a different address for notices to him by giving written notice to .the Ass~eia.tion. Notices

addressed as above shall be deemed delivered when mailed by United States registered or

certified mail, or when delivered in person with written acknowledgment of the receipt

thereof.

Upon written request¯ to the Board, the holder of any recorded mortgage or tru~

deed encumbering any Unit shall be given a copy of all notices permitted or required by this

Master Deed to be. given to the Owrier 9r Owners whose Unit i.s subject to such mortgage or

trust deed.

22. Severability. Ifany provision of the Master .Deed or Bylaws, or any section,

sentence, clause, phrase, word, or the application thereof in any circumstance, is held

invalid, the validity of the remainder of this Master Deed and the Bylaws and of the

application of any such provision, section, sentence, clause, phrase or word in any other

circumstances shall not be affected thereby and the. remainder of this Master Deed or the

Bylaws shall be construed as if such invalid part was never i~. cluded therein.

23. Gender. Use of the words "his" or "her" herein are made without regard to

gender, and the use of any gender shall be applicable to .all genders;

24. Singular and Plural. Whenever used, the singula~ shall include the plural and

the plural the singular.

25. Perpetuities and Restraints on Alienation. If any of the options, privileges,

covenants or rights created by .this Master Deed shah be unlawful, void or voidable for

violation of the rule against perpe.t.uities, then such provision Shall continue only until

twenty-one (2i) years after the death of the survivor" of the now living descendants of the

P.re.sident of the United States, Ronald Reagan, and Governor of Tennessee,

Lamar Alexander.

26. Rights and Obligations. Each Grantee of #.he Developer, by the acceptance of

¯ a deed of conveyance, accepts .the same subjee.t to all restrietions~ conditions, covenants,

reservations, .liens and charges, and the jurisdiction, rights and powers created or reserved

by this Master Deed. All future Unit Owners .and Occupants shall be subject to and shall

comply with the provisions of this Master Deed. Any restrictions or rules in the Bylaws

which are more than administrative in nature such as, but not limited to, reservations and

~uture rights of ~he DevelOper, are hereby incorporated into and made a part of this Master

Deed by refe’rer{ee. All rights, benefits and privileges of every character hereby imposed

shall be deemed and taken to be covenants running with the Property, and shall bind any

person having at any time an interestor estate in said land, and shail inure to the benefit of

such grantee in like manner as though the provisions of this Master Deed were recited and

siiipulated at length in each ahd every deed of conveyance or contract for conveyance.

All present and future Unit Owners and Occupants of a Unit shall be subject to, and

shall comply with, the provisions of the Bylaws as they may be amended from time to time.

The acceptance of a. deed of conveyance, devise or the entering into occupancy of any Unit

shall constitute an agreement that the provisions of the .said Bylaws¯ and any rules and

regulations promulgated thereunder, as riley may be amended from time to time, are

assumed, accepted and ratified by such Unit Owner or Occupant, "and all of such provisions

sha~l be deemed and taken to be covenants running with the Property and shall bind any

person having at "any time any interest or estate in such Unit, as though ¯such provisions were

recited and stipulated at length in each and every deed, conveyance or lease thereof. "

36

The terms and conditions of the M~ter ~ed~ By~ws ~d r~es ~d r~tio~ may

be in¢orporst~ by reference ~, ~d ~ome p~t of, ~e a~eement-~tween ~y f~t

mgrtgagee ~d ~y present or furze Unit O~er who enters into s~h ~ ~eement wi~ a

first mortgagee. When ~ ~eor~rated~ any defa~t ~ the terms. ~d eondi~o~ of ~e

M~ter Deed~ ~laws ~d r~es ~d relations may be eo~ider~.~ a default by ~e fi~t

mortgagee, whereupon ~id fi~t mo~g~ee, after exe~e~ing i~ option to dee~re a defa~t,

s~ then ~ve ~ of the ~ ~d pri~eg~ ~g ~ a ~s~t of a default ~der i~

a~eement with ~id Unit Owner.

27. ~ustee ~ Unit Owner, h ~e event title to ~y U~t ~ conveyed to a ~d

title holding trot, ~der the terms of ~hieh ~ ~w~rs of m~agement, operation and

control of the Unit remain vested ~ the ~mt benefici~y or benefici~ies, then the

beneficiari~ there~der m~t be Unit Owners and will be considered ~e ~me f~r a~

purposes ~d they sha~ be responsible for payment of aH obligations, Hens, or indebtedness

and for the performance of a~ a~eements, covenan~ and undertakings cha~eable or

create~ under th~ Declaration against such. Unit. No such conveyance to a .trust or.trustee

sha~ be made unless the m~datory requ~emen~ ~f Section 17 are complied .with. No claim

sha~ be made ~ai~t ~y such title holder tr~tee persona~y for payment 0f ~y ~en or

obligation hereunder c~eated ~d the trustee sha~ not be obligated to semester f~ or

trust property to ap~ly h~ w~ole or in part against such ~en or obligation. The amount of

~y such ~en or ob~gation shah continue to be a charge or ~en u~n the Unit ~d the

benefici~ies of such ~t, notwit~t~ding ~y transfers of the benefici~ interest of ~y

such-~ust or ~y tr~sfer of title to such UniL No tra~fer of any ~nefici~ hterest of any

such trust sha~ be made unle~ the m~datory requirements of Section 17 are compli~ with.

28. Condemnation. h the event’of a t~ing in condemnation or by eminent

domain of a part of the Common Element, the award made for such taki~ shah be payable

to the Board for ~d on beha~ of the ~ociation ~d a~ mortgagees affected.. ~ a majority

37

BO0, O ’

of the. Board in their discretion, with written co~sent of a majority of the mortgagees

affected, approve the repair and restoration of such Common Elements, the Board shall

s~range for the repair and restoration of such Common Elements, and the Board shall

disburse the proceeds of such award to the contractors engaged in such repair and

restoration in appropriate progress payments. In the event that the Board and the

Mortgagees do not approve the repair and. commence restoration of such Common Element~

within one hundred twenty (120) days after .taking by .the public or private authority, the

¯ Board shall disburse the net proceeds of such award on the basis of such Unit~ percentage of

ownership in the Common Elements to the Unit. Owners and the Mortgagees as their

interests may appear."

29. Rights Reserved. The Unit Owner’s right of enjoy.merit in the Common

Elements and Community Facilities as herein Create~ shallbe subject to:

(a) The right of the Association, as provided in its Bylaws, to suspend the

enjoyment rights of any member for any period during which any assessment remains unpaid,

and for such-period as it considers appropriate for any infraction of its published rules and

regulations; and

(b) The right of the Association to charge reasonable fees for the use of

the parts of the Common Elements; and

(c) The right of the Association to diminish in any way or to dedicate or

transfer all or any part of the Common Elements to any public agency or authority for such.

purposes and subject to such conditions as may be agreed to by the members entitled .t~ vote

thereon, provided that no such diminution or dedication or .transfer, determination .as to the

pi~rposes or as to the conditions .thereof, shall be effective unless the Developer (his

successors or assigr!s) and members of the Association.entitled to cast ninety percent (9096)

of the total votes of all classes of members entitled to vote has been recorded, agreeing to

such dedication, .transfer, purpose or condition; and

38

L) 3 PAGE k)

(d) The right of the Association to grant such easements and rights-of-way

to such utility companies.or public agencies or authorities as it shall dee.m necessary for the

p~per servicing and maintenance of. the Common Elements and the individual Units.

30. Federal National Mortgage Association Regulations. Notwithstanding

anything to the contrary contained in this Master Deed or in. the Bylaws, all terms,

conditions and regulations which are now existing, or which may be amended from time to

time, by the Federal National M~)rtgage Association ("FNMA") pertaining to eondomini.ums

are hereby incorporated as terms and conditions of the Master Deed and Bylaws and such

shall be. governing upon the Property, the Developer, and the Association, so longas such

terms or eondit.ions are not in6on~istent with the laws of the State of Tennessee as found in

Tennessee Code Annotated, Section 64-2701, et_~. seq., as ame~ded:

Specifically, without limitation upon the foregoing, th~ following deelaratior~s shall

be fully effective and controlling over any term.s of the Master Deed or Bylaws which are in

conflict. Any portions of such Master Deed or Bylaws Which are in conflict with this

paragraph, or any portion of FNMA reg .ulations pertaining to condominiums, are hereby

deleted and the following rights of mortgagees are itemized as follows’:

(a) A first mortgagee under a condominium unit at his request is entitled to

written notification from the Association ofany default by the mortgagor of such Unit in

the performance of such mortgagor’s obligations under the Master Deed, Bylaws, or any of

the e~ndominium documents, which is not cured within sixty (60) days.

(b) Any first mortgagee of a condominium Unit who comes into possession

of the Unit pursuant to th~ remedies provided in the mortgage, deed of trust, foreclosure of

the mortgage or deed of trust, or deed i~ lieu of foreclosure shall take the property free of

any claims for unpaid assessments or charges against the mortgaged Unit, which accrue’

prior to the time such holder comes into possession of the Unit.

39

(c) UrLless two-thirds (2/3) of the first mortgagees and one h .undred percent

(100%) of all institutional .first mortgagees (based upon one (1) vote for’ each mortgage

o~vned), or owners (other than the Developer) of condom.i.nium Units have given their’ prior

written approval, the Associatio.n shall not be entitled to:

(1) Change the percentage interests of ownership of all or any

condominium Unit or Unit Owners.

(2). Partition or subdivide any Unit or the Common Elements.

(3) By act or omission seek to abandon the horizontal property regime

of the Property, Or encumber, Sell or transfer the Common Elements, except for the

granting of an easement for public Utilities or for 6ther public pu’rposes consistent with the

intended use 6f the Common Elements.

(4) Use hazard insurance proceeds for losses to any condominium

ProPertY (whether to individual Units or Common Elements) for other than .the repair,

replacement, or reconstruction of such improvements, except as provided by Tennessee

Code Annotated, Section 64-2718, in case of substantial loss to the Units and/or Common

Elements to the condominium project.

(d) First mortgagees shall have the right to examine, the books and records

of the Association and/or the condominium project, and shall further be entitled, upon

written request, to a financial statement of the Association for the immediately preceding

fiscal year.

(e). An adequate reserve fund for maintenance, repair and replacement of

Common Elements which must be replaced on a periodi~ basis will be established and funded

by regular monthly payments rather than by special assessments.

(f) As se~ forth in Tennessee Code Annotated., Section 64-2720, all taxes,

assessments and charges which may become liens prior to the first mortgage under the laws

of the State of Tennessee shall relate only to the individual condominium Unit and not to the

condominium project as a whole.

(g) No Unit Owner, or any other party shall have priority over .a~_y rights of

the first mortgagees of condominium Units and/or Common Elements.

.(h) Any agreement for professional management of the condominium

project, whether it be by the Developer, its successors and assigns, or any other person or

entity, may be terminated without cause and/or penalty upon ninety (90) days’ written notice

and the terms of any such contract sha~ so provide and shah not be of a duration in excess

of four (4) years.

(i) Upon written request to the Association identifying the name and

address of the holder of any first deed of trust and/or .FNMA and .the subject Unit number or

address, any Such holder and/or FNMA wi.1] be entitled tb timely written notice of:

(1) Any condemnation loss or any casualty loss which affects a

material portion of the Property or any Unit estate on Which there is a first mortgage held,

insured, or gua’rant.eed by such e~igible mortgage holder or .eligible insurer or guarantor, as

applicable;

(2) Any delinquency in the payment of assessments or charges owed

by an owner of a Unit estate subject to a first mortgage held, insured or guaranteed by such

eligible holder or eligible insurer or guarantor, which remains uncured for a period of sixty

(60) days;

(3) Any lapse, cancellation or material modification of any insurance

policy or fidelity bond maintained by th.e Association;

(4) Any proposed action which would require the consent, of a

specified percentage of mortgage holders.

(j) The interest of a first mortgagee in a mortgaged Unit shall be superior

to the.interests of any other, person, .group, partnership, corporation or entity of any kind,

including any interest the Board, the Developer or any Unit Owner may have in any portion

of the premises,, regardless of the nature of the interest or the manner in which it is

~cquired.

(k). Not.withstanding the above, any first mo.rtgages shall have a]~ of the.

rights granted to a first mortgagee h~rein, and in addition shsll have all of the rights

granted to an institutional first mortgagee under its Deed of Trust, and under the laws of

the State of Tennessee.

IN WITNESS WHEREOF, the undersigned .Developer has executed this Master’Deed

of J y; 19,8.ST. HENRY’S PROPERTY DEVELOPMENT, INC.

STATE OF T~.NNESSEE)COONTY OF DAVIDSON)

HARRY PRESIDENT.

Personally appeared before re.e, a Notary Public, "Harry Baird, with whom I am

personally acquaintedl and who acknowledged that he executed the within instrument for the

purposes therein contained, and who further ackno.wledged that he is the President of the.. 7

maker or a constituent of .the maker and is authorized by the ma er or .by its eonst~.tuent,.. ... .~..~:,,::,~.~"’-;~.., "~ ...

the constituent being authorized by the maker, to execute this instrument off behalf"~:~".the

maker. " ,,’ ,o ’~ ",

NOTARY PUBLIC "" ." ’,., ~" ¯ ~’~ "’-"

My commission expires; ... 4 ,: :..- .

¯ :’..\:-...

E~HIBIT ~A~

PART I

PROPERTY DESCRIPTIONPHASE I-D

.IBE~_NG A PARCEL OF LAND SITUATED LN NASHVILLE, DAVIDSON COUNTY-,TENNES~, SAID PARCY.L BEING A PORTIOh~.OF PARCEL 14 OF "THECLOIST_~ AT ST. HENPX’S." AS OF RECORD IN DEED BOOK 2345, PAGE639; DEED BOOK 2743, .PAGE 71, AND DE~D BOOK 3499, P~%GE 292, R.O.D.C., TE_NNESS~-.

BEGINNING AT .%N IRON ’P!N SITUATED IN T5.~ NORTH.ERLY PROPEI~"YLI~NE OF TS~. NAS~-’VI~ JEWISH CO~MUNI."f-"CEN~-R PROPERTY--, SA!DPOINT ~i.SO BEING ~ SOUTH F_ASTLRLY ~ROPpROPE.R_~%’. ~.Y_REIN DESCRIBED;

TI--~NCE, N 83018’ W, A DISTANCE OF 330.20 FEET TO" A POINT; -

TI--------NCE, N 68°38’ W, A DISTA~NCE OF 27.37 FEET TO A. POINT;

TF~-NCE, N 07°24’ E, A DISTAN~ OF .1235.90 F~-T TO A POINT-’= .OU .... .R~Y M_ARGiN OF U.S H!Gn-~AY 70 SOUTH;

~u-.~~-- ALONG S~D SOUT~.RLY M_’-_RGiN, A CURVE- WITH A ~LADiUS OF_.471.60 FEET 2-~.’D A LE~G~JH-" OF 200.31

~.,,-t:.-~rv Mz~GIN’OF U ~ HiG’---~AY 70 S05~-~THENCE-, LEAVING SAID .uui ............A CUR’-’~- W!TH A .:L’-3DIUS OF 200.00 FEET AND A LENGTH OF 170.24FEET TO "" POINT;

THENCE, S 75°54’43" E, A DISTANC’- OF 92.87 FEET TO A POINT;

THENCE, S24°06’53’’ W, A DISTANCE 0F127.!7 FEET TO A POINTi

THENCE, S 02005’26’’ W, A DTS~ANCE OF 33.40 FEET-TO A POINT;

38054’20" E, A’ DISTANCEOF 180.50 FEET’TO A POINT;

.... ~C-, S 85~22’41’’ W, A DISTANCE- OF

THENCE, S 25023’41’’ W, A DISTAN~ OF

T.KE~.~CE-, N 58029’44’’ W, A DIST-ZUNCE OF

THENCe, S 85°2~’41’’ W, A D!STANCE OF

57.00 FEET TO A POINT;

24.00 FEET TO A POINT;

26.29 FEET TO A POINT;

60.00 FEET TO A POINT;

THENCE, S 00°!8’00’’ ~, A DISTI~NCE OF 22!.00 FEET TO A POINT;

THENCE, S 51°42’00’’ W, A D!STANdE OF 1~=5..00 FEET TO A POINT;

THENCE, S 10o!2’00" W, A DISTANCE OF 187.00 FEET TO A POINT;

FEET TO A POINT;...=~]C-~ S 37°32’00’’ ~ A DISTANCE OF. 145 00

FEET TO The. POINTT.~_.~C-, S 05042’00’’ W, A DISTANCE OF 343.00 MORE OR LESS.OF __~A]I.’]G ~-D CONTAINING l0 12 ACKES OF 12,ND

972

6 9 3 3 PAGE 9 73

.~. parc~ of land in the Firs~ Civil DisU’ict of Davidson CountT, Te.-messee, andbei.~ more .Dar~ic"-!.’a,’!Y described as follows:

Be~_nrir~ in’ "~he we~erly mm’~n of Vaughn:s Gem road .at a point southwe-~er!yU. S. Highway ~DSI thence, with said ma_-~.n of

00 fee.: from t,~e sou~e~’~-Y msr~m of¯¥iu=~m;s Gap Road es fo]!ows: sotl~. 05 de~e.es 1~ minutes west, 5"/6.24 feet to a po~r4sout~wes~=_.-~_y with a e’.tr’ve to the left, 223.-06 feet, said e~ve having e e=-n~ angle of 04

de=~rees 2~ minutes andl s radius of 2:905."-9 fee*. toe [~oin~; south 00 deck-tees 47 minuzes.wes-~ 1!9.-S4 fee~- to z point, in the northerly !ine of. See~on Tw.o~ Warner Park Va.~_e,]~ ofrecord in P~t Book 3600, Page 20, l~e=~.sger’s O~f[cefor Davidson County, Te.,messee;~hence: !=°ring said mar~.’.n of road, north 84 de=~rees 45 minu~es west, 10-0.00 fee~. to aDo[n;.." thence~ nor:,h 82 degre~ 17 minutes was;, 275.70 .fee~ to z poin[; thence, nor~. 09~e£rees 30 minuZes west, 2S0.00 fee~ ~o a DoLnt; thence, sough 87 de~.~e~ 30 minu~es wesz~85?00 fee.-. ~o a ooint: thence~ north 02 6egre~ 30 minu~es west: 85.00 fee~- "~o a poi2x;¯ , o feet to a D0in~; thence, norr-heas~eriY with a~hence: north 87 " .,~cu.-ve %o ~-~e rlghz, 155.00 feet: said curve hav~-n~ a cent-~ a.n~le of ±" de~.-ees 17 minuzes$i seccnd~: a rzdi"~s of 210.00 feet and a chord of 151.51 fee~ a~ nor~-h 29 de~re~ 40 mLnu~3~ secends ~easz, to a point; thence, north 34 degrees we~, 80.00 fee~- to a .Do~:; thence:ncrth 58 de,tees 21 minutes ezs~, 205~00 feet to a point: .thence, north 15 deportees !3m,.’nu~es west, 60.00 feer- to a point; thence: no~*.h 67 de,tees eas~, 120.00 fee*. ~ a point;thence~ north --= de~y~-es 28 minutes e~-sz, 150.00 feet ~oa Doing; thence, south 84 de,tees 48’" .~.37 acres, more or less.m~.n.uges eo_sz, 1 .... 1 feet to the point of be=~..nnin~, contair~

. Bei.~ part of the properY~, conveyed to The Mos~ Reverend Wil!~am L. ~..dr~an,. B~hoD of Lhe Roman Catho]ic Diocese of Nashville, by dee~ from Henry Ne,,-hoff, of record

Ln D~ei Book 2743: Pa~e 71, and Book. 34°-9, Page 2.°2, Re~:s~efs Office .�ot DavidsonCounty, T e.%ne~ ee.

BOOK 6933 E " 9V l

SURVEYOR’S DESCRIPTION

TriE CLO 1ST~R AT ST. HE,NP, YPhase I-B

A parcel of l~nd in l:he Firs: Civil.Dis:rio: of Davldson C.ounry, Te~nnessee,and being more par:icu1~rly described as ~ollo~s:

For ~in~ of beginning, s:~r: in ~e westerly margin of V~ughn~s~ ~ln: sou:hw~ZsrlY 1,37S ~es: fram :he southerly ~gln o~ O. S.Highway 70, Sou~, and;

Tn~cs, N 84° 4S~ N, "175.11 ~ea= =o a pain=; ~he ~n~ beginning ~or ~he

s’abjec: ::~c: and ~n .~:erior corner_o~ Phase I-AClois:er ~ S:. Hen~ o~ rec:rd in PI~ B~k~ennesses.;

Thence, wi =h :he boundary of s~id Phase I-A as fol lows :

S 440.28’ W,’I~0.00 fee1: :o a Ix~in:;S 67°. 00’ W, 120.00 fee= "~o a poin=; .

S l~ l}’ E, 60.00. ,e~- ~o a ~in:;S 580 2!’ W, 205O0

S 34° 00’ E, 80.00 fe~: ~o a ~in:;Sou=hees~srly,:wi:h a cu~e =o ~he lef.=, I~.01 fe~= 1o ~ ~in~, s~id" of 2~0.00cu~e having a csn:~I .anale of 42° l]~ ~I" end a rBdius

S 8~ ~0’ W, 84.90 f~= :o.a ~in~SOZ° ~0’ E, 85.00 fea~ to a poin~;R 8~.2B~ E, 85.00 fem~ ~o a ~in~;

TheReto, S 0~ 30’ E, 2B0.00 fe~ ~s a ~in~ in ~he-~n bound~ wi:h ~he’ Nashville Jew{sh Co~niW

~encs, with said c~n~v~n boundary N 82° 17’ W, 202.77 fee: to a pain:;

Thence, continuing wi~h said common boundary I~ 81° 09’ W, 235..00 fe*-t to o¯ "point;

Thence, N 25° 03’ E, ~-25.48 fee: Io a poin~:;

Thence, H 63° I0’ W, 76.22 fee: to a pain=;

Thence, H 2.Z° 41’ E, 138.47 feet 1:o a point;

Thence, N 11° 03’ E, "125.21 re’-~- to.a point;

Thence, N 07° 17’ W, 143.73 f~- to a point;

"Knence, N 05° 40’ E, 112.16 feet to a poinl:;.

S,-,’rveyo r’ s 0escr| pt:ion7..a ge Two

975

Thence., S 85° 06’ E, 91.03 fee~: 1:o.a point;

Thence, N 16° t~!~, E, 131.~5 feet 1:o a point;

Thence, N ~2°.08’ W, 1’09.37. fee: to a Ix)in:;

Thence, H 5~° 51~’ E, 225.63 feet to a point;

~nence, S 89° 18’ E,.255.00 feet ~o a point;

Thence, S ~.~.o I~’ E., ~58.5~ fee’- to the point of beginning.

Excludina from :he above descriptio.n, a common area for the propose~ clubhouse" ¯ - "" - act be inning at a poin1: S 51° 38’ W, 3~8.39

faciIi:ies wlbhtn the .suDjec~ 1:r , gfee’. frem the Phase I-B ~rac~ ~in~ of begi~ing; "

Tnenc=., S 53° ~.2’ W, 227.36 feet: to a point.;

~nenc=., H 6° 43’ W, 47.57. feet to a point;

Tneac~ H 07° n-5" E, 11~.46 fee~ to a point;

Thence, N It3° 58| W~~.0~. fee’- to a point;

~enc~, S ~.8° 16’ E, 45.50 fe=-~- to a point;

Thence_, S ~.8° .16’ E, 97.50 feet: to the pointof b.eginni.ng.

Containing 0.50 acres, ~re. or less, 1:o be exc, luded from ~he subject:

Therefore, Phase I-B-tract c~ntainlng 11.30 acres, more or l~ss., and being apart of i~he property conveyed ~o ~he ~s: R~erend Villiam L. Adrian,. Bishopof :he ~n Catholic Oioc~se of Nashville, by-deeds from Hen~ ~e~hof~, ofre~rd in ~ed ~k ~743, Page 71 ,, and B~ 3499, Page 292, Regiszer~s Office

fo’r O~vidson ~un~ Tennessee.

~e a~ve-describ~d proper~y is subject ~o such fac~ as an accurate title.seBrch ~y disclose.

BARGE, VAGGONER, SUMNER AND CAHHOH

File Ho. 7679-03Sep1:_--r~er 7, 1983Revised F~brua~ 21, 198~

¯ PART

PHASE ~C DESCRIPtiON

~eing a portion of a parcel of land situated in F.a-ihvillo,~ Davidson county, Tennessee said property being a part of

Lot 2 The Cloister at St. Renryl~s of Record in Bobk 6250Page 585, R.O:D.C., Tennessee. ¯ . :. ~_:~-.-:.-~. !....~.Beginning ~t:’a point si~ua’ted in"~e south: ~as~rly".c0rner qf

. said’property," also being. :.the .:s~uth iwesterly,.~c.or_n.e_r. :.°f. ~he "i "~ ¯Phase .I-B, ~and .’herein descri.b~.ed as’follo.w.~; .~...i."i.~..’.~i":’l~: ’:~{.; ’~ ..i ¯... ~--.--7-;..--...- :.’---’.".~"-~::-~--~-: .". .’.’" "’ ~ ~:

. " _.:_’! .. ~.-." ::--;..~::" ~: ".~.’..’...~-:.-’.-~.’~=.:~’~ =.-!.-’-:.~’..-~":-..%:~..:~.v.’.:. ¯ ".~..=.--.~’.’-.--.-’: . "’: .’. ¯-" . .. ..." " "’~ ".. °." ";’." ".. "~l:,~..’~.--.’.;.’.-.: "i’.." "---~ ".~.=-~ ":." . "’~’~. ~" ~,:- ~-""~ ":’.-’: "".,:: .~"" ".".’~’:" " . ......

’. ":’ ..-::’". ¯ ~. "~’"-:/~.’~ ~’o~ "~0" ~.~’~ "~.d£’~%~d~~-:~)f :’200 .:’fee~ ~to i..a point; ~:.’.. _.:¯ ..- ,.~o...Tnence,-=~:== =J .u :., .- . .. -.. - .- -...¯

" ;"-:Thence, ,! :.8B~18 ’00"..’-’Wi-"’a’distance..~°f127...fe_et ;..tOoa POol;nt~; ."~hence N 05 42’00" E,.a distance ;of ~-343 feet’t .a p ,i.. _ ’ ,...~,o~,,~=".~ :a distance["6f ~-145 -f~et to a po{’.nt; " . "Thence,"N 10°12}00’-.E,qa~.~lsuance:Oz:A~t::z==u=u = ~.. , . .

.... .Thence ,’iN 51°42 "00" -[E,~a distance~o~"’155"--feetito a..point; ’ " " ¯: Th~nce,"~! 00°18!00=’W,;adistance:’~-°.’f~221’f-eettO-a" point; :" "..... Thende ~’zN "85°2~’ ~I =I’vE ;:[:a’.’distance’~.~ ~" :17 6 "_Z .7. l~feet..~t0 ~’a..po.in.t; °..’"~ " ¯ .Thence ~’"~’S =80612’~38"I.--"E~=’’’a :d.is%ance’0f i.159 ::26".:faet:to ..a.-poznt; ..-_

¯ . Thence;=.S 21044’ 29’.i’W,-:.--.~=distan’c’~ :of~68?45"-{feet. to. a’point; ; " :Tlience, S 42°08’00==E,’’a distance’:of66~001"feet’%o a point;Thence, S 16°44’00= W,".a’distanceof:i31-45 feet to a point;Thence, N=85°06’00". W, a dis.tance’.of 91.03 fee~ to a point;¯ Thence, S"05°40’i00".W, ;~.distance’"of.ll2.l~"feet to a point;Thence, S’07°17’00= E, "i distan.ce’of 143.73 .feet to a point;Thence, S" ii°03’00"W, a distance of125.21 "feet to a point;Thence,"S" 22°41’00".W, a distadce of~i~8.47 feet to a point;Thence, "S .63°i0’00"E,’a dista~ce:"’o}~76-22 "feet to a point;Thence, S 25°03’00"..-W, .a distance’of 225.’48 .f.eet to the point

of beginning and containing 6.78. acres of land more or less........ ".-.. ~: ~;.--.- ...........:.-; " °=i:~.:-..[.’-.;’...:~.. i~ -:~:: ..~- .’..": ..

Beinc part .6f ~h~"p~6perty conveyed .t~ The Most Re~r.end William L. Adrian,";Bishop of the Roman Catholic Dioces~ ~f Naihviil4; by deeds from He.n-~y Neuhoff,of ~e~ord ~n Deed B~ok2743,iPage 71,: ~nd Book 3499, "Page 292, Begister’sOffice for D~vidson .county, Tennessee. " .’::-..- ’.’.’." " .: "

!:i. ’.i :. ’ .. " . : ...o ’ " " "

SURVEYOR’ S DESCRIPTION

HEXRY ’S RZTIRZ.=£~T .C~UNITYPhase I (Overall)

A parcel of land in the First Civil District of Davidson County, Tennessee, andbeingmore particularly described as follows:

Be~_innino in the west=.rly ~ar~in if Vaual~n’s Gap Road at a point southwesterly" ~,37~.00 fe=-t from the southerly margin of U. S. Highway.70S;

Thence, with said margin of Vaughn’s Gap Road as.follows

S 5" -12’ W~ 576.24 feet to a point;Southwest’erly with a curve to the left, 223.96 feet, said curve

having a central angle of 4° 25’ and. a radius of 2,905.29 feet

S CYO°. 47’ W, I19.64 feet to a point in:thenortherly¯ line ofSe~_tionTWO, Warner Par~ Valley, of record in Pl~t Book 3600,Pag=. 20, R.O.D.£., Te.qnessee; ."

Thence, with said subdivision, li~e and the northerly line of Nashvili-= Oe.~ishCc~unity Cent=-r property, of record in Deed B~ok 402~, Pa~eR.O.D.C,, Tennessee, as follows;

8~° 45’ W, 190.00 f=,et"to a point;82° 17’ W, 47g.47 feet to a point;

N-81° 09’ W, 300.03 fe=-t to a point; ..82° 23’ W, 200.00 feet to a point; ¯ . ’ -

F-3° 18’ W, 330.20 fe=-t to a point; .... " ¯

68° 38’ W, 27.37 feet to the southeast, corner of Edwin B.¯Ras~in, ’trustee, properi;y,, of record in Deed Book 4098, Pa~.e

386, R.O.D.C.,’.Tennes~ee;. ’. .. ..

Thence, with the easterly line of said Edwin B. Raskin, trustee, prope:ty N 7°24’ E, 1,235.9 feet to a point .in the southerly margin of U. S. Highway70S;

Thence, with said southerly margin, northe~ste’~ly with a curve to the ~ight,

200.31 feet, said curvehaving a central angle of 4° 38’ 36~, a radiusof 2,471.06 feet and a"chord of 200.25 feet at I~ 54° 38’ 48~ E, to apoint;

Thence, leaving said margin o~ highway, southeasterly with a curve to the left,170.24 fe=-t, said curve having a central angle of 48° 46’ 15=, a radiusof 200.00 feet and a chord of 165.15 feet at S 51° 31’ 36" E, to apoint;

Thence, .S 75° 55"E, 92.87 feet to a point;

978

24" 07’ W, 127.17 ~eet to a point;

Thenca, S 2" 05’ W, 33.~0 feet to a point;

Thence, $ 38" 54’ £,.227.70fee~ to a point;"

Thenca, S 73° 50’ E, 81.07 feet to a point;

Thence, N 56~ 54’ ~, 225.63. feet to a point; "

Thence, S E9° 18’ E, 2£5.00 feet to a. point;

Thenca, $ 44° 13’ E, 358.55 feet to a point;

Thence, S84° 48’ E, ]75.11 feet to the point" of beginnina.

Containing 37.45 acres,’more or less, and being pa~t of property’convsyed to TheMost Reverend William L. Adrian, Bishop of th~Roman CatholicDiocase of.Rashville, by deeds from Henry Neuhoff, of.record in Deed. Books 2743, Pa~ 71,and 3499,Page 292,R.O.D.C., Tennessee. . ~ ."

The above description Was not c’ompiled from a property line survey, bu~ fromd~e~s, subdivision plats, highway p!~nS, aerial maps and field ~e~sur~ents.

,|

B$~GE, WA&BDNER, .SU~ER A~D CA~HONFile No. 7679-01August 3, 19~2Revised February 22, 1984

BO0~ 6 9 3 3 PAISE -. 9 7 9

The Cloister at St. Hem’y Commurd%7 ~ac~Ges

A parc=~ of land in the Y~rst C~vil District of Davidson Count.J, .Tennessee, andbe,.’ng m oR partie,,.la~!~, deserFo~ as follow:

Be~nning at a poi;{t south 51 deg~e~ 38 minutes west, 398.39 feet from the PhaseIB point of be~nnin~ thence, south 53 degre~ 42 minutes wesz 227.36 fee: to a point;the’nee, north 06 degrees 4.3 minutes west,, 4.7.57 feet to a point; thence, north 07 degrees ~.5minutes e=-s-~ 114.46 feet" to a ooint; thence, north 4-3 degrees 58 minutes wes~ ~6.04 feet toa ooinU." thence, sout~u -’.8 deg~e~ 16 minutes east, ~=5.50 feet to a poin;; thence, south 4.8de~rees 16 minut~ e~-st, 97.50 fee*. to the poin~-of begimiing, con ~taJn~ .50 acres, more o#

¯ le.~.

EXHIBIT B

Page 1

I I! II II

II II

II II

II II

I’1

LIN;T ,~"AREA ZN S.F. UNZT .N:~:ER ZN S.F.

92L 2062

92R 1536.

93L 1536

103L 1758 114L 2062

103R 1758 ’ 114R’" 1685

153~~

116L 1755 ,

¯ 1685 ¯ 104R

94L 1 ~-36 105/,.

94R

95L

95R

1655- 105R

2062 lOlL

1536 106R

16B5 107L

1536 116R 20~2.

1755 117L

16B5 117R 2062

2062 11EL

96R 1536 1,07R 1758 11ER 153b

97L" 1~B5. 108L 153b 119L 175B

97R

gRL

91~R

99L

2062 IOBR

1755 109L

1536 109R

2062 11.0L

175~

119R

120~

120R

12 L20~2

121R 1536

2062

1536

175a99R

~OOL

IOOR

101L

101R

102L

102R

175R 110R

2062 111L

17~8 111R

1536 .112L

1755 112R

2062 113L

175a

1655

1536

’ 1758

¯1536

1536 175~

123L

’1~3R

1685

1536

122L 1758

122R 2062

16~5

NOTES :

TOTAL AREA WITHIN PHASE I-D.= 10.12 ACRES~

ALL OTHER PROPERTY SHOWN IS CONSIDEREDTO BE GENERAL COMMON ELEMENTS EXCEPT.FOR THE LIMITED COMMON ELEMENTS ASDESCRIBED IN THE MASTER, DEED.