g Ltioly& Tollefsen,P.C. ? 2575667Attn:JeremyJ.leFeber Pase:1 of so ear29/2etyme.se.soan Fee.sase.coIWestMainSt. CharlotteMills- Gallatincounty,NT MScsozeman,assesIlilllfilll|111111111||1111111111111111111111111111111111111111111111|111111111111111(

DECLARATION

FOR THE

WINTER PARK WEST CONDOMINIUM

Page 1of38

CERTIFICATE OF NAME

The undersignedbeingtheduly authorizedagentoftheDepartment of Revenue ofthe

Stateof Montana withinthe County ofGallatin,herewithexecutesthefollowingcertificate

relatingtotheWinterParkWest Condominium situatedas follows:

See Exhibit A attached hereto and incorporated herein by thisreference.

1. That thename the WinterParkWest Condominium isnotthe same as,similarto

or pronounced thesame asa word inthename ofany otherpropertyor subdivisionwithin

GallatinCounty, and

2. Alltaxesand assessmentsdue and payableforthe saidWinterParkWest

Condominium have been paidtodate.

Dated:

Title: 6

Page2 of38

MANs

Community Development

CONDOMINIUM REVIEW DECISION

APPLICATION

Date:March 17, 2017

FileNumber: OriginalProjectFile

17-063 Number'16-147

Ifapplicable:

CondominiumName:

Winter Park West Condominiums

LegalDescription:Lots1 and 5 oftheAmended PlatofLot1 and Lot2 ofBlock4,West Winds Subdivisionphase4

and Lot1ofBlock3 and Lot1 ofBlock4 ofWest Winds Subdivisionphase5.

Senate Bill527 amending 76-3-203,M.C.A. was signed intolaw on April17,2007. This billrevisedthe exemption forthe creationofnew condominiums from the Subdivisionand PlattingAct. Theamendment had an immediate effectivedate. The textofthe amended sectionisnow as follows:

Section 1. Section76-3-203,M.C.A.,isamended toread:"76-3-203. Exemption forcertaincondominiums. Condominiums constructedon landsubdividedincompliance withparts5 and 6 ofthischapteror on lotswithinincorporatedcitiesand towns are

exempt from the provisionsofthischapterif:

(1)the approvalofthe originalsubdivisionoflandexpresslycontemplatedthe constructionofthe condominiums and any applicablepark dedicationrequirementsin76-3-621 are

compliedwith;or

(2)the condominium proposalisinconformance withapplicablelocalzoning regulationswhenlocalzoning regulationsare ineffect."

FINDINGS

Pursuant totheabove statute,ine 1.JepartmentoiGonumunity I.)evelopmentnas aeterminedthatthecondominium development noted above:

Does notrequiresubdivisionreviewand has satisfiedthe exemption criteria.

Has completed reviewas a subdivision.

MartinMatsen,AICP, Director,Cityof Bozeman Department ofCommunity Development

AlfredM StiffProfessionalBuilding phone406-582-2260

20EastOliveStreet59715(FEDEX andUPS Only) fax406-582-2263

PO Box1230 planning@bozeman.net

Bozeman,MT 59771 www.bozeman.net

CONDOMINIUM REVIEWDECISION Page10f1 RevisionDate05-10-16

DECLARATION

FOR THE

WINTER PARK WEST CONDOMINIUM

This DECLARATION ishereby made and entered intoon March & ,2017,by Is-

lands,LLC, (hereinafterreferredtoas the"Declarant"),whereby lands and propertyhere-

inafterdescribedaresubmitted and subjectto the Montana Unit Ownership Act

pursuant toChapter 23, Title70,MCA 2015, as amended.

The propertysubjecttothisDeclarationshallbe known as the WinterPark West

Condominium (hereinafterreferredtoas the "Condominium" or "Property" or"Project").

NOW, THEREFORE, Declarant hereby declares thatthe Project and the propertyshallbe held,conveyed , mortgaged, encumbered, leased,rented,used, occupied,sold,and

improved subjectto the declarations,limitations,covenants, conditions,restrictions,and

easements contained in thisDeclaration,allof which are imposed as equitableservitudes

pursuantto a generalplan for the development of the Projectfor the purpose of enhancingand protectingthe value and attractivenessof the Project,and every partof it,in accordance

with the plan forthe improvements of the Projectand itsdivisionintocondominiums. All

of the limitations,covenants,conditions,restrictionsand easements shallconstitutecovenants

thatrun with the land and are binding upon, and inure to the benefitof, Declarant,the

Association,and allpartieshaving or acquiringany right,title,or interestin or to any partof the Projector the Property in the Projectand shallbe for the purpose of maintaininga

uniform and stablevalue,character,use and development ofthe Property.

ARTICLE I

TITLE AND NATURE

The Project shallbe known as Winter Park West Condominium. The Project is

establishedin accordance with the Montana Unit Ownership Act. The Project contains

individualUnits for residentialuse, as setforthherein and in the Bylaws, and each Unit is

capable of individualutilizationon account of having itsown entrance from and exitto a

Common Element of the Project. Each Unit Owner in the Projectshallhave an exclusive

righttothe Owner's Unit and shallhave undivided and inseparablerightsto sharewith other

Unit Owners the Common Elements of the Project.

Page4 of38

ARTICLE II

DEFINITIONS

Unless the contextexpressly provides otherwise, the following definitionsshall

pertainthroughout thisDeclaration and inthe interpretationthereof:

1) Aggregate Voting: shallmean the entirenumber of votesor persons presentor availableto vote in personor by proxy ina particularcircumstance.

2) Architect/Engineer: shall mean a person presently licensed to practicearchitectureor engineering in the stateof Montana.

3) Articlesshallmean the Articlesof Incorporation of the Association.

4) Association or Association of Unit Owners: shall mean the Winter Park

Condominium Owners Association, a nonprofitcorporation organized under the laws of

the Stateof Montana.

5) Beneficiary: shall mean a mortgagee under a mortgage, as well as a

Beneficiary under a trustindenture or deed of trust.

6) Board or Board of Directors: shallmean the Board of Directors of the

Association as more particularlydefinedin the Bylaws.

7) Building: means the building containing the condominium Unit.

8) Bylaws: means the Bylaws promulgated by the Declarant or the Association

under thisDeclaration and the Unit Ownership Act.

9) Common Elements: means both General Common Elements and Limited

Common Elements.

a) General Common Elements: includesallthose elements thatare for

the use of allOwners, Owners' Tenants, Occupants and Guests of the Winter Park

West Condominium and, with respectto the public park areas,the general public.

Specificallyincluded are: all parts of the Property not located within the

boundaries of a Unit and itsappurtenant Private Yard, including but not limited

to the land and the electrical,gas, television,telephone, water and sewer linesand

connections serving all of the Units, sidewalks,exteriorlighting,Fencing, picnic

areas,accesseasements,beneficialeasements,storm water facilities,dedicatedparklandeasements and open space,privateinteriorroadways, landscapingelements outsidethe

PrivateYards and otherelements necessaryforthesafety,maintenance and existenceof

the Projectinwhich each Unit Owner shallhave the designatedpercentageof interest,

Page5 of38

setforthinArticleV below.

b) Limited Common Elements: as used inthisDeclarationshallmean those

Common Elements that are reserved for the use of the Owners, Owners' Tenants,

Occupants and Guests of theUnitswhich theyareappurtenantor,inthecaseof reserved

parking,proximate to. Specifically,as to any given Unit Owner or Owners, Limited

Common Elements shallmean the following common elements which are located

within,affixed,adjacentor in reasonableproximityto the Unit: public utilitylines,

water,sewer,electrical,gas,cabletelevisionlinesand hot and coldwater pipes(allsuch

utilitypipesand linesare Limited Common Elements where they serviceone Unit,and

General Common Elements where they serve multiple Units);sidewalks providingaccesstoPrivateYards; driveways servingattachedgarages;detachedenclosedcarports:

driveways servingdetached,enclosedcarports;driveways servingreserved,open, off-

streetparking spaces;PrivateYards; and the Landscape Elements containedin Private

Yards.

10) Common Expenses: means expenses of administration,maintenance,repairor

replacementof Common Elements,includingallLandscape Elements and allotherexpensesof

theAssociationand expensesdeclaredcommon by theUnitOwnership Act.

11) Declaration:means thisdocument and allpartsattachedtheretoor incorporated

by reference.

12) Developer: means Islands,LLC and itssuccessorsand assigns,and shallbe used

interchangeablywith "Declarant." Both .successorsand assignsshallalways be deemed to be

includedwithintheterm "Developer" whenever, however and wherever such terms are used in

theGoverning Documents.

13) Fencing:means the stained,wooden, post-and-railfencingwith non-climb wire

running along propertyboundaries,publicpark areasand PrivateYard boundaries.All fences

adjacenttopublicrightofway shallnotexceed fourfeetand shallbe of a consistentdesign.

14) Governing Documents shallmean thisDeclaration,theBylaws, Articlesand

Rules oftheAssociation.

15) Home Occupation: shall mean an occupational use, customarily conducted

entirelywithin a dwelling or accessorybuildingsby the inhabitantsthereof,which isclearlyincidentaland secondary tothe use of thatdwellingas a livingquartersand in connectionwith

which there are: no on-premises salesof products;no signs or structuresadvertisingthe

occupation;no excessive or unsightlystorageof materialsor supplies. For guidance,the

followingusesareexamples of home occupations:the making of clothing;thegivingof music

lessons;a solepractitionerprofessionalpractice,serviceor product providerswho maintaina

telephoneand officewithinthe Unit butthe servicesand productsareprovidedand soldoffthe

Property;the pursuitof artisticendeavors such as making of stuffedanimals,wood products,

Page6 of38

antlerart,pottery,ceramics,paintingsbronzes,and othercraftwork, and thelike,providedthat

theproductsare marketed and soldofftheProperty.(i.e.no industrialkilnsand no foundries).

16) Islands, LLC: means Islands,LLC, a Montana limitedliabilitycompany,which has reserved certainrightsaffectingthe hereinafterdescribed Property,said rights

being described and/or referredto herein. The term "Islands,LLC" shall include its

successor and assignswhenever, however and wherever saidterm isused.

17) Landscape Elements: means allfences,patios,decks,pergolas,steppingstones,

picnicareas,benches,trellises,trees,shrubs,lawn areas,bedding plants,rocks,mulch, edging,vines and irrigationsystems found in both General Common Elements and Limited Common

Elements.

18) Limited Expenses: means the expenses attributableto the maintenance,repairand replacement of Limited Common Elements, excluding Landscape Elements contained

withinPrivateYards,which area Common Expense.

19) Manager: means the Board of Directorsor any management company or anyotherperson or group of personsretainedor appointedby the Board, or by the Associationof

UnitOwners forthepurpose of conductingtheday-to-dayoperationsoftheAssociation.

20) May: ispermissive.

21) Occupant/Tenant:shallmean a lesseeor tenantof an Owner, or any otherpersonor entityotherthanan Owner inlawfulpossessionof a Unit,with thepermissionoftheOwner.

22) PrivateYard: shallmean both the outdoor space adjacentto each Unit thatis

directlyaccessiblethrough a sideor reardoor and whose boundariesaredefinedby one or more

fencesand theexteriorwall of theadjacentunit,and theoutdoorspace between theUnitand the

publicsidewalkin frontof the Unit.Each PrivateYard and theLandscape Elements withinthe

PrivateYard are Limited Common Elements whose maintenance cost isa Common Expenseand whose use isreservedforthe Owner, Owner's Tenants,Occupants and Guests of the Unit

which has directaccessto it.

23) Propertyor Project: means the land,buildings,improvements and structures

thereon and alleasements, rightsand appurtenancesbelonging thereto,which are herewith

submittedtotheUnitOwnership Act and subjecttothisDeclaration.

24) Unit: shallbe theseparateUnitsoftheCondominium containedintheindividual

structures,intendedforindependentresidentialuse,and with a directexitleadingtoa streetor

highway or tocommon elementsleadingtoa streetorhighway whether directlyor indirectlyby

way of an easement connectingtoa streetorhighway.

25) Sign: shallmean any structure,device or contrivance,electricor non-electric,

Page7 of38

upon which any poster,bell,bulletin,printing,lettering,painting,deviceor otheradvertisingof

any kind whatsoever isused, placed,posted,tacked,nailed,posted or otherwisefastenedor

affixed.

26) Streetor Streets:shallmean any public or privatestreet,highway, road or

thoroughfarewithin or adjacentto the Propertyand shown on any recorded plat,record or

survey,whether designatedthereonas a street,avenue or road.

27) Unit Designation:isthe combinationof letters,numbers and words thatidentifythedesignatedUnits.

28) Unit Owner, Owner, and Person: means the person owning a Unit infee simpleabsoluteindividuallyor as co-Owner in any realestatetenancy relationshiprecognizedunder

thelaws of theStateof Montana, inone or more UnitsoftheCondominium.

29) Unit Ownership Act: means and referstothe Unit Ownership Act oftheStateof

Montana, Chapter 23, Section70-23-101,MCA (2015)etseq.as amended.

Whenever any referenceherein ismade to one gender,the same shallincludea

referenceto any and allgenders where the same would be appropriate;similarly,whenever a

referenceismade hereinto the singular,a referenceshallalsobe includedto the pluralwhere

thesame would be appropriateand viceversa.

ARTICLE III

REAL ESTATE

1) Description:The Propertywhich isby thisDeclarationsubmittedand subjectto

theMontana Unit Ownership Act isdescribedas follows:

See ExhibitA attachedheretoand incorporatedhereby thisreference

The provisionsof thisDeclarationand the Bylaws shallbe construedto be covenants

runningwith theland and shallincludeevery Unit and shallbe binding upon theUnit Owners,theirheirs,personalrepresentativesand assignsforas long as thisDeclarationand Bylaws are

ineffect.

2) Condominium Units.Each Unit,togetherwith theappurtenantundividedinterest

in theCommon Elements of theCondominium shalltogethercomprise one condominium Unit,shallbe inseparable,and may be sold,conveyed, leased,rented,devised or encumbered as a

condominium inaccordancewith thisDeclaration.

Page8 of38

3) Encroachments. Ifany portionof a Common Element encroachesupon a Unit or

Units,a valideasement fortheencroachment and forthemaintenance of the same, so longas it

stands,shalland does exist.Ifany portionof a Unit encroachesupon a Common Element,or

upon an adjoiningUnit or Units,a valideasement fortheencroachment and forthemaintenance

of thesame, so long as itstands,shalland does exist.Such encroachments and easements shall

not be consideredor determinedto be encumbrances eitheron the Common Elements or on the

Unitsforthepurpose of marketabilityof title.IntheeventtheBuildingor any portionthereofis

destroyedand then rebuilt,the Owners of the Unit or Unitsagreethatminor encroachments of

partsof the Common Elements because of such constructionshallbe permittedand thatan

easement forsuch encroachment and themaintenanceand repairof thesame shallexist.

4) Buildings.The Units comprising theCondominium are containedintwenty-one

(21)detachedbuildings.The Propertyon which the Units are locatedisa Common Element of

theProject.

5) Unit Boundaries.Each Unit'sboundariesare as follows: Each of the Units as

separatelyshown, numbered, and designatedin Exhibit"C" consistsof the space contained

withinthe exterioredges of the exteriorsiding,fascia,soffits,gable and roofvents,foundation

walls,crawl spaces,roofingshingles,chimneys, porches,windows, window frames,exterior

doors,exteriordoor frames,and exteriordoor trimof each Unit,providedhowever, with regardto thoseUnits locatedin a duplex building,the Unit shallbe as definedabove,exceptthatwith

regardto the common wall between the Units,such Unit shallonly extend to a verticalplanecreatedat the midpoint of saidcommon wall,the space being definedand referredto in this

Declarationas a "Unit".Each Unit includestheutilityinstallationslocatedwithinitsboundaries

of which the Owner has exclusiveuse,including,without limitation:hot water heaters,space

heaters,lightingfixtures,cabinetryand air-conditioningequipment (ifany).Each Unit includes

both theportionsof theBuildingso describedand theairspaceso encompassed. The Unit does

not includethoseareasand those thingsthatare definedas Common Elements inArticleI of

thisDeclaration.

The intentofthisdefinitionisto excludethesiding,paint,sheathing,roofingand underlaymentas partof the maintenance responsibilityof the Association,and make the same the exclusive

responsibilityoftheUnit Owner.

6) ConstructionMaterials.The principalmaterialsof constructionof the Unit are

concretefor foundations,footingsand slabs;wood framing for the structure;sheetrock and

wood trim forthe interior;wood, carpetor tileforthe floors;cement board or wood product

sidingfortheexteriorwallsurfacesand asphaltshinglesfortheroofofthe Unit.

7) Fixturesand Equipment. All fixturesand equipment containedineach Unitshall

be conveyed with the Unit and shallbe the propertyof the Unit owner. The Owner shallbe

responsibleforthe maintenance and upkeep of the fixturesand equipment of each Unit,allas

defined intheBylaws of theAssociation.

Page9 of38

ARTICLE IV

EASEMENTS

1) Common Element Easements. A non-exclusive rightof ingressand egressand support through the Common Elements which areappurtenant to each Unit and allthe

General Common Elements are subjectto such rights. Except as otherwise limitedin this

Declaration,each Unit Owner shallhave the rightto use the Common Elements for all

purposes incidentto the use of and occupancy of the Unit, and such other incidentaluses

permitted by thisDeclaration,which rightsshallbe appurtenantto and run with the whole

Unit.

2) Easement for Utilities.Each Unit may have itsair space penetrated byelectricalwires and lines,gas lines,hot and cold water lines,waste water linesand ventsand

other utilityand mechanical lines,pipes or equipment. These lines,where they serve onlyone Unit shallbe appurtenantto such Unit,but where they servemore than one Unit shallbe

partof the Common Elements, eitherlimitedor general,depending upon how many Units

are being served thereby as defined in ArticleII,paragraph 9. Such items shallbe so

installedand maintainedso thatthey shallnot unreasonablyinterferewith the use of the Unit

airspace by the Owners of the same. A non-exclusiveeasement shallexistthrough,over and

acrosseach Unit for structuralsupport of the utilitylinesand mechanical equipment and for

the use,inspection,installation,maintenance, replacement and repairof such utilitylinesand

mechanical equipment for the use of all of the Unit Owners or the Unit Owners beingservicedby the airspace being penetratedby such linesand/or equipment. After completionof constructionof a Unit an easement for ingress and egress for the purpose of such

inspection,installation,maintenance, replacementor repairof such easement rightsshallonlybe exercisedunder the directionand approval and with the authorityof the Developer, the

Associationand /orthe Manager unlessan emergency existsin which event any actionmay

reasonably be taken which isjustifiedunder the circumstances to minimize damage which

would otherwise occur as a consequence of such emergency. There shallbe easements to,

through and over the Units and the Common Elements for the continuingmaintenance and

repairof all utilitiesin the Condominium. The foregoing easements are allpermanentlyreservedtotheDeclarant,theAssociationand the Owners.

3) Easements for Public Utilities.The Developer reservesthe rightat any time

during the development and salesperiod to grant easements for utilitiesover, under and

across the Projectto appropriategovernmental agencies or public utilitycompanies and to

transfertitleof utilitiesto governmentalagenciesor to utilitycompanies. Any such easement

or transferof titlemay be conveyed by the Developer without theconsent of any Unit Owner,

mortgagee or other person and shall be evidenced by an appropriateamendment to this

Declarationand recorded inthe GallatinCounty Clerk and Recorder Records. All ofthe Unit

Owners and mortgagees of Units and otherpersons interestedor to become interestedinthe

Projectfrom time to time shallbe deemed to have irrevocablyand unanimously consented to

such amendment or amendments of thisDeclaration as may be requiredto effectuatethe

Page 10of38

foregoinggrantof easement or transferof titleand appointthe Declarantas theirattorney-in-factforexecutionof alldocuments relatedto such easement.

4) Grant of Easements by Association.The Association, acting through its

lawfully constitutedBoard of Directors shall be empowered to grant such easements,

licenses,rights-of-entry and rights-of-way over, under and across the Property for utility

purposes,access purposes or other lawful purposes as may be necessary forthe benefitof

the Association.

5) Easements for Maintenance, Repair,and Replacement. The Developer,the

Association and allpublic or private utilitiesshallhave such perpetual easements over,

under,across and through the Property,includingallUnits and Common Elements, as maybe necessaryto fulfillany responsibilitiesof maintenance,repair,or replacementswhich theyor any of them are requiredor permittedto perform under the Governing Documents of the

Condominium or by law. These easements include,without any implicationof limitation,the

rightof the Association to obtain access at alltimes to meters, controls,valves,pipes,

conduits, fences,Landscape Elements and other Common Elements locatedwithin or to

gained through any Unit or itsappurtenantLimited Common Elements.

6) Additional Easements for Developer's Other Projects.Developer herebyreservesthe followingeasements in connectionwith any improvements constructedor to be

constructed by Developer on any tractsof land contiguous to the Project,whether or not

such improvements are made a part of the Project(such improvements being hereinafter

collectivelyreferredto as the "Other Projects").

a) A perpetualnon-exclusiveeasement forutilization,tapping,tying into,

extendingand enlarging allutilitymains located in the Project,including,but not

limitedto,water,gas,storm and sanitarysewer mains. Developer willpay allcostsof

such utilization,tapping,tying into,extending and enlarging,and will restoreall

areas thereby disturbed to their original condition immediately prior to

commencement thereof. All expenses of maintenance, repair,replacement and

resurfacingof such utilitymains shallbe shared by the Associationand theOwners of

Units in the Other Projects utilizingsuch utilitymains on a proportionatebasis

determinedon the basisof the respectivenumber of Units inthe Condominium and the

number of Units of the Other Projectsutilizingsuch utilitymains.

b) A perpetual non-exclusive easement located at Islands' LLC's

discretion,in,over and upon the General Common Elements of the Projectfor such

demolition,construction,and alterationof the General Common Elements of the

Condominium as may be deemed necessary or appropriate by Developer for

connection of the Other Projectsto the Project.Developer willpay allcost of such

demolition,constructionand alteration,and will restoreallareas disturbedby such

demolition,constructionand alteration.

Page 11of38

c) A perpetual non-exclusive easement, located as determined by

Developer in,over and upon the General Common Elements of the Projectfor the

purposes of ingress and egress to and from the Other Projects,subject to such

reasonable rules and regulationsgoverning such access as may be enacted by the

Association,which rulesand regulationsshallbe equitableand nondiscriminatory.

The above easements shallbe forthe benefitof Developer and Owners of the Other

Projects,and their respective heirs,successors,assigns,families,guests and invitees.

Developer hereby agrees thatitwillnot cause or allow the Projectto be encumbered by anylien in connectionwith any constructionengaged in by Developer regarding the matters

referencedin (a) through (c) above, and agrees to indemnify and hold the Association

harmless againstallcosts and expenses incurredin connection with defending the Project

againstany such liens.

7) Specific Written Easements. Developer may, by subsequent instrument,

prepared and recorded in its sole discretionwithout the necessity of consent by anyinterestedparty,specificallydefineor amend by legaldescriptionthe easements createdbythisArticleIV, paragraphs5 and 6.

8) Right of Access. The Association shall have the irrevocableright,to be

exercisedby the Board or the Manager, to have accesstotheCommon Elements from time to

time during reasonablehours as may be necessaryforthe maintenance,repairor replacementof any of the Common Elements thereinor accessibletherefrom or for making emergency

repairsthereinnecessary for the maintenance, repairor replacement of any of the Common

Elements necessaryto preventdamage tothe Common Elements or to any Unit.

Damage to the exterioror any partof any Unit,includingboth the Limited Common

Elements appurtenant thereto,and thatUnit'sseparatereserved carportparking space and

open parking space,as applicable,which may resultfrom maintenance, repair,emergency

repairor replacement of any of the Common Elements or as a resultof an emergency repairwithin another Unit,made at the behest of the Association,shallbe designated Common

Expenses by theAssociationand assessedin accordance with such designation.

ARTICLE V

OWNERSHIP AND ANNEXATION

1) Percentage of Interest.Each Unit Owner shallbe entitledto the exclusive

ownership, use and possessionsof his Unit and the percentageof undivided interestof each

Unit Owner inthe Common Elements as setforthbelow. Given thatUnit models of different

sizes may be constructed,it will be necessary to recalculateand record each Units

percentageof undivided interestinthe Common Elements as new Units arecompleted. Such

Page 12of38

percentagerepresentsthe Unit Owner's ownership interestinthe Common Elements and the

Owner's liabilityfor Common Expenses. Such percentage of interestowned by each of the

Units intheCondominium issetforthbelow:

See Exhibit"D", attachedand incorporatedherein.

2) Floor Plans and Exhibits.The Condominium consists of the Property as

described above, and a totalof twenty-seven (27) separateResidentialUnits (containedin

twenty-one(21)separateBuildings).For identificationand descriptivepurposes the followingExhibits are attached and by reference hereto incorporatedinto and made a part of this

Declaration:

ExhibitA: legaldescriptionof the realestateinitiallyincludedintheCondominium.

Exhibit B: the floor plans showing the layout of each of the Units comprising the

Condominium, the area of each,the dimensions and the designationof each Unit, and

showing the Common Elements containedwithin or attachedtoeach Unit.

ExhibitC: the siteplan of the Condominium showing the Property,the locationof the

Units on the Propertyand theCommon Areas to which each Unit has access.

ExhibitD: PercentageInterests.

ExhibitE: Cityof Bozeman Storm Water RetentionFacilitiesMaintenance Plan

3) Exclusive Ownership. Each Owner or Owners shallbe entitledto exclusive

Ownership and possession of theirUnit. Such Owners may use the Common Elements in

accordance with the purposes forwhich they are intendedand as they may otherwise agreebetween themselves,so long as they do not hinderor encroach upon the lawfulrightsof other

Unit Owners.

4) Developer Build Out. Developer shallnot be requiredto constructallproposedUnits within any settime frame. Developer reservestherightto buildthe Units inaccordance

with the floorplans and siteplan attached hereto and as the same may be amended in

accordancewith thisDeclaration.When a Unit iscompleted,the Developer shallfilewith the

Clerk and Recorder of GallatinCounty a supplement to thisDeclarationto which shallbe

attacheda verifiedcertificateor statement of a registeredarchitect,registeredprofessional

engineer,or registeredland surveyor certifyingthatthe floorplan previouslyfiledor beingfiledsimultaneouslywith the amendment fullyand accuratelydepictsthe layoutof the Unit.

Ifthereisany change inthe floorplansor siteplan or the Unit Owner's percentageinterestin

theCommon Elements, then the amendment shallincludesuch changes.

Untila Unit iscompleted and theamendment isfiled,theassessmentsleviedagainstsuch

uncompleted Unitby the Associationshallbe limitedto assessmentsforthe Common Elements

Page 13of38

relatingto the land,includingrealestatetaxes and assessments,public liabilityinsurance,assessmentsand costsrelatingto theCommon Elements,but not includingassessmentsforfire

and casualtyinsurance or other assessments and costs relatingto the Common Elements

applicabletoor servicingonlythecompleted Units.

5) Developer Reservationof Rights.Developer reservestherightfrom time to time,in the Developer'ssolediscretion,to expand the Condominium by adding adjacentlands and

common elements to the lands describedon Exhibit A. This rightis irrevocable;however,

Developer shallnotbe requiredtoadd such additionallandstotheCondominium and Developer

may add a portionor allthereofat Developer's discretion.Developer reservesan easement

through the Common Elements hereindescribedforaccess,ingressand egress,and forutilityand servicelines,and the hookup toexistingaccessand utilityand servicelines,and thehookupto existingaccess and utilitylines. The manner of subjectingthe additionallands to this

Declarationshallbe accomplished by the filingof recordinthe officeof theCounty Clerk and

Recorder forGallatinCounty a Declarationof Annexation foreach such expansioncontaining:

a) An amended landdescription(i.e.ExhibitA) and siteplan (i.e.ExhibitC)

showing the land and Units to be added, the Unit Designationsto be added to the

Condominium and theCommon Elements towhich each Unithas access.

b) Amended floorplans(i.e.ExhibitB) showing the layoutand dimensions

of each Unit,the area of each Unit,the Unit Designations,and the Common Elements

withinor attachedtotheUnitsand theCommon Elements towhich each Unit hasaccess.

c) An amendment to Exhibit D of the Declaration showing the new

percentagesof interestof theUnits intheCommon Elements of theCondominium. Such

percentageshallbe based upon thepercentageeach Unit comprises of thetotalunitsin

theProjectatthedateoftheamendment totheDeclaration,

d) A verifiedcertificateor statementof a registeredarchitect,registered

professionalengineeror registeredlandsurveyorsettingforththe requirementsoutlined

inArticleV(4).

e) Such otheramendments as shallbe necessaryto incorporatetheannexed

landand UnitsintotheCondominium.

6) Binding Effect. Declarant shallhave the unilateralrightto execute,fileand

recordany such amendments setforthin(4)and (5)above and such otherdocuments requiredto

accomplish such annexation.

The Unit Owners, theAssociation,lienholders,mortgagees and allothersacquiringany interest

or lienon the Units or Common Elements shallbe bound by the foregoing rightsof the

Declarantto amend the Declaration(and Bylaws ifrequired)and theirconsent isimplied to

such amendments by the acceptance or acquisitionof any interestor lienin the Units or

Page 14of38

Common Elements and Developer isappointed the Unit Owners' and lienholders'attorney-in-fact to execute and record such amendments. These provisionsshall be deemed a

covenant running with the Unitsand Common Elements.

Upon the execution and recording of any such amendment, the Unit Owners, lien

holdersand mortgagees shallbe bound and subjectto the terms,provisionsand conditions

and consequences of such amendment. The recorded amendment shallbe mailed to each

Unit Owner and to the Association. Each Unit Owner shallmail a copy of the recorded

amendment to any mortgagee or otherlienholderof hisor her respectiveUnit.

Afterthe recordingof such amendment, any transfer,conveyance deed, encumbrance,

lien,mortgage, or assessment shallreflectany new or changed percentage of interestinthe

Common Elements. A Unit or Units'failureto accuratelyreflector statethe new percentageinterestshallnot void any document, and the errormay, at any time, be correctedby the

appropriatecorrectivedocument.

7) Use. The Units and Common Elements shallbe occupied and used as follows:

a) The property may be used for only lawful purposes. The Units shall

only be used forlawfulresidentialpurposes includingresidentialrentals,as limitedbythisDeclaration.

b) There shall be no obstructionof the Common Elements nor shall

anything be storedin or on the Common Elements without the priorwrittenconsent

of theAssociation,except forbuildingmaterialsand equipment used by theDeveloperinthecourseof constructingadditionalinfrastructure,Units or Common Elements.

c) Owners shall not cause or permit anything to be placed, hung or

displayedon the outsideof windows or placed on the outsideof windows or placedon the outsidewalls of a Unit and no window-mounted airconditioningunit (air

conditioningcompressors for interiorairconditioningsystems must be situatednext

to a Unit'soutdoor patio),sign,awning, canopy, radioor televisionantenna,satellite

dish,otherreceptiondevice shallbe affixedto or placed upon the exteriorwalls or

roof or any part thereof of any Unit, without the prior written consent of the

Association,which consent may be withheld ,as applicable,except as allowed by the

Bylaws.

d) Nothing shall be done in any Unit, or in, on or to the Common

Elements which will impair the structuralintegrityof any Unit or which would

structurallychange any Unit or Common Element.

e) Nothing shall be altered or constructed in or removed from the

Common Elements, except upon the priorwrittenconsent of the Declarant or the

Association,asapplicable.

Page 15of38

ARTICLE VI

THE ASSOCIATION

1) Membership. Any Owner of a Unit shallautomatically,upon becoming the

Owner of said Unit, be a member of the Association,and shallremain a member of said

Association untilsuch time as such Owner's ownership ceases,whereupon such Owner's

membership in the Associationshallautomaticallycease. Associationmembership shallbe

appurtenantto and may not be separatedfrom the ownership of any Unit. The membershipshallbe limitedto UnitOwners as defined inthisDeclaration.

2) Function.It shallbe the functionof the Associationto:

a) Enforce the Bylaws forthegovernance of the Association.

b) Make provisions for the general management and/or repairs and

maintenance of the Common Elements.

c) Levy assessmentsas provided forinthe Declaration,Bylaws and Unit

Ownership Act.

d) Adopt and implement a policyfortheaffairsof theAssociation.

e) Enter intocontractsto hirepersonnelforthe management of the affairs

of the Associationand the maintenance and repairof theCommon Elements.

f) Take such actionsas necessaryor reasonableto implement and carryout

thepurposes and intentofthisDeclaration;to enforceand administerthisDeclaration.

g) To act in any other matters set forthherein or which may serve the

Project.

h) Adopt rules,regulationsand maintenance requirements.

3) Vote. On allmatters,unlessexcluded by thisDeclaration,to be decided bythe Association,each Owner shallhave one (1) vote per Unit. When more than one (1)

person owns any Unit,allsuch persons shallbe Members. The vote for such Unit shallbe

exercisedas the Owners among themselves determine,but in no event shallmore than one

(1)vote be castwith respectto any Unit.Meetings of theAssociationshallonly be conducted

when a quorum is present,as defined in the Association Bylaws. Except as otherwise

provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the

aggregate votinginterestspresentat any meeting or by proxy shallbe sufficientto act on

mattersbroughtbefore the Association.

Page 16of38

4) Failureto Compl y- Attorney's Fees. Each Owner, Occupant and Owner's

Tenant shallcomply strictlywith the provisions of thisDeclaration,the Bylaws, rules,

regulations,decisionsand resolutionsof the Association adopted pursuant thereto as the

same may be lawfully amended from time to time. Owners of Units occupied by non-

complying tenants are requiredto remedy any issue of non-compliance immediately or

terminate the tenancy. Failureto comply with any of the same shallbe grounds for an

action to recover sums due, for damages or injunctive relief or both, and for

reimbursement of allcosts, including attorney fees incurred in connection therewith,which action shall be maintainable by the Declarant, the Board or the Manager in the

name of the Association,as applicable,on behalf of the Owners or by an aggrievedOwner where therehas been a failureof the Association to bring such action within a

reasonable time.

5) InitialBoard of Directors. The Association or non-profitcorporation shall

be governed by a Board of Directors which shall consist initiallyof at leastthree (3)directors.The Declarant hereby appointsthe following persons to serve on the Board of

Directorsuntilthe firstmeetingof the Associationto-wit:

W. Mark Easton

PostOfficeBox 12037

Bozeman, MT 59719

TrishaEaston

PostOfficeBox 12037

Bozeman, MT 59719

Tom Huber

PostOfficeBox 12037

Bozeman, MT 59719

6) Maintenance by Owners Association. The Association shall maintain and

keep in repairallCommon Elements of the Condominium. All fixtures,utilitylinesand

equipment installedand/or providing service to eachUnit,commencing at a pointwhere

the utilitiesentera Unit'sexteriorboundary, shall be maintained and kept in repairby the

Owner thereof.In order to ensureattractivestreetscapesand effectivelandscape bufferingin the side yards between Units,the Association willmaintain,as a Common Expense, the

PrivateYards and the landscape elements therein.The Association shalldo no act or anywork that will impair the structuralsoundness or integrityof any Unit, or Common

Elements, or impairany easement.

The rightof the Associationto repair,alter,and remodel any Common Elements is

coupled with the obligationto replace any finishing or other materials removed with

similartype or kinds of materials.

Page 17of38

With regard to the required City of Bozeman storm water drainage facilities

maintenance plan seethe attachedExhibitE.

ARTICLE VII

ASSESSMENTS

1) Annual and SpecialAssessments. Each Owner, upon becoming an Owner is

deemed to have agreed to pay to the Associationa) annual assessments or charges,and b)

specialassessments.

2) Purpose of Annual Assessments. The annual assessments levied by the

Association shallbe used to promote the business,safety,convenience and welfare of the

Owners and for the improvement, snow plowing repair and maintenance of: Common

Elements; allLandscape Elements, includingthosewhich are locatedinPrivateYards; roads;

easements; dedicated parkland and open space; purchase of liabilityinsuranceand other

required insurance;and for any other purposes, expressed or implied,in thisDeclaration.

The Association shallhave the responsibilityand authorityfor providing for interiorroad

maintenance,repairsand snow removal.

3) Payment of Assessments. All assessmentswillbe billedand paid on a monthlybasis.All assessments shallbe due ten (10)days from the date of mailing noticeof such

assessments to the Owners. Assessments may be payable in installments,monthly or

quarterly,atthe option of the Board. The amount of the Common Expenses assessedagainsteach Unit and the amount of Limited Expenses assessed againsteach Unit shallbe the

personaland individualdebt of theOwner thereof.No Owner may exempt itselffrom liabilityforthese contributionstoward the Common Expenses by waiver of the use of enjoyment of

any of the Common Elements or by abandonment of theOwner's Unit.All assessmentsthat

arenot paid withinthirty(30)days from the datethey are due and payable become delinquentand are subjectto interestand penalty charges.The Declarant,the Board or Manager, as

applicable,shallhave the responsibilityof taking prompt action to collectany unpaidassessment that becomes delinquent. In the event of delinquency in the payment of the

assessment,the Unit Owner shallbe obligatedto pay interestatthe rateto be determined bytheBoard on the amount of the assessment from the due date thereof,togetherwith such late

charges inthe amount of ten percent(10%) of the delinquentassessment. Suitto recovera

money judgment for unpaid assessments may be maintainedwithout foreclosingor waivingthe liensecuringthe same.

a) Common Expenses and common profits,ifany,of the Associationshall

be distributedamong, and charged totheUnit Owners accordingto the percentageof

interestof each Owner intheCommon Elements.

Page 18of38

4) Levying Assessments When Made- Purposes. The Association of Unit

Owners shalllevy assessments upon the Unit Owners in the following manner and forthe

followingreasons:

a) The Board shallestablishand levy annual assessments in an amount

thatthe Board estimateswill be sufficientto raisethe funds needed to perform the

dutiesof the Associationduring each fiscalyear. The Board atany time may levy a

specialassessment in order to raisefunds for unexpected operatingor other costs,insufficientoperating or reserve funds, or such other purposes as the Board in its

discretionconsidersappropriate.The Board may not impose an annual assessment on

any Unit which ismore than fifteenpercent(15%) greaterthan theannual assessment

for the immediately preceding fiscalyear,or levy specialassessments which in the

aggregateexceed fifteenpercent(15%) of the totalbudget of the Associationforthat

fiscalyear,without the vote or writtenconsent of a majorityof the aggregatevotinginterestsof the Association.Notice of the assessment,whether regularor special,the

amount thereof,and the purpose forwhich itismade, includingan annual budget for

expendituresand operation,forregularannual assessments,shallbe servedon allUnit

Owners, by deliveringa copy of the same to the Owner personallyor by mailing a

copy of the noticetothe saidOwners attheiraddressesof record atleastten(10)days

priorto thedue date forsuch meeting.

b) Assessments shallbe made forthe repair,replacement,insurance,general

maintenance, creation of reserves,management and administration of Common

Elements, fees,costsand expenses of the manager, taxes for Common Elements, if

any,and as more particularlyprovided inthe Unit Ownership Act (Section70-23-101,et. seq., MCA), sidewalks along streets,driveways, weed control,storm water

facilities,ponds, dedicated public parkland easements and open space, LandscapeElements and any other matter that fallswithin the Common Elements of the

Condominium. In addition,the Association shallbe responsible for any and all

existing and future special improvement districts(SIDs) applicable to the

Condominium, including,but not limitedto lightingdistricts,streetmaintenance,tree

maintenance or any otherproperly-createdSID. Assessments shallbe based upon and

computed by using the percentageof interestthateach Unit Owner has inrelationto

theCommon Elements.

c) Assessments may alsobe made forthe payment of maintenance,repairand replacement of Common Elements, such thatthe Unit Owners are chargeable only for

theexpenses relatingto theirrespectiveUnits.

d) Assessments may also be made for any purpose contemplatedby this

Declarationand forany purpose setout inthe Montana Unit Ownership Act.

e) In a voluntary conveyance of a Unit,the grantee of the Unit shallbe

jointlyand severallyliablewith the grantor for allunpaid assessments by the Association

Page 19of38

againstthe latterfor his share of the Common Expenses up to the time of the grant or

conveyance,without prejudiceto the grantee'srightto recover from the grantorthe amounts

paid by the granteetherefore. However, any such grantee shallbe entitledto a statement

from the Manager or Board of Directorsof the Association,as the case may be,settingforth

the amount of said unpaid assessmentsagainstthe grantor due the Association and such

granteeshallnot be liablefor,nor shallthe Unit conveyed be subjectto alien for,any unpaidassessmentsmade by the Associationagainstthe grantorin excess of the amount thereinset

forth.

f) The annual assessment shallalso includea portionfor reservesas the

Board considers appropriate to adequately meet the costs of the future repair,

replacement or additionsto the major Common Elements, improvements and fixtures

that the Association is obligated to maintain and repair. Reserves for General

Common Elements shall be assessed according to the Unit'spercentage interest.

Reserves for Limited Common Elements, ifany, shallbe assessed to the Units to

which they areappurtenant.

5) Assessments to be paid by the Developer. During the period beginning with

therecordingof thisDeclarationand ending twenty-four(24) months afterthe closingof the

firstsale of a Unit, the Developer shallnot pay any assessments on the Units itowns,

provided,however, thatduring thisperiod the Developer shallreimburse the Associationfor

any expenses the Associationincurswhich are not covered by the assessment of other Unit

Owners, includingbut not limitedto snow removal and landscapemaintenance.

6) Liens and Foreclosure: All sums assessedbut unpaid forthe shareof general

Common Expenses and Limited Common Expenses chargeableto any Unit shallconstitutea

lienon such Unit superiortoallotherliensand encumbrances, except only fortaxand specialassessment lienson the Unit in favor of any assessingauthority,and allsums unpaid on a

firstmortgage or a firsttrustindentureof record,includingallunpaid obligatorysums as maybe provided by such encumbrance. To evidence such lien,the Declarant,the Associationor

Manager, as applicable,shallprepare a writtennoticeof lienassessment settingforththe

amount of such unpaid indebtedness,the amount of accrued interestand latechargesthereon,

the name of the Owner of the Unit and a legaldescriptionof the Unit. Such noticeshallbe

signed and verifiedby the Declarant,one of the officersof the Association or by the

Manager, or his authorizedagent,as applicable,and shallbe recorded in the officeof the

Clerk and Recorder of GallatinCounty, Montana. Such lienshallattachfrom the date of

recording of such notice. Such lienmay be enforced by the foreclosureof the defaultingOwner's Unit by the Declarant,or the Association,as applicable,in the manner provided in

the Unit Ownership Act and as provided by the foreclosureof a mortgage on realproperty

upon the recordingof a noticeof claim thereof.In any such foreclosure,the Unit Owner shall

be requiredto pay a reasonablerentalforthe Unit and the plaintiffinsuch foreclosureaction

shallbe entitledtothe appointment of a receiverto collectthe same. Suitto recovera money

judgment forunpaid Common Expenses shallbe maintainablewithout foreclosureor waiving

the liensecuringthe same. In any such proceeding the Owner may be requiredto pay the

Page20 of38

costs,expenses and attorney'sfees incurredin filinga lien,and in the event of foreclosure

proceedings,additionalcosts,expenses and attorney'sfeesincurred.

7) Bidding at Foreclosure: The Board of Directorsof the Association,on behalf

of the other Unit Owners, shallhave the power to bid on the Unit at a foreclosureor other

legalsaleand to acquire and hold, lease,mortgage and convey or otherwise deal with the

same. Any lienholderholding alien on.a Unit may pay, but shallnot be requiredto pay, any

unpaid General Common Expenses, or Limited Common Expenses payable with respectto

any such Unit,and upon such payment, such lienholdershallhave alien on saidUnit forthe

amounts paid of the same rank as the lienof hisencumbrance withoutthe necessityof havingto filea noticeor claim of such lien.

8) Unpaid Assessments - Mortgagee: Where a lienholderor otherpurchaserof a

Unit obtainstitletothe Unit as a resultof foreclosureof the firstmortgage or trustindenture,

such acquirerof title,hissuccessorsand assigns,shallnot be liableforthe shareof Common

Expenses or assessmentsby the Associationchargeableto such Unit which became due priorto the acquisitionof titleto such Unit by such acquirer. Such unpaid share of Common

Expenses or assessments shallbe deemed to be Common Expenses collectablefrom allof the

Units includingsuch acquirer,hissuccessorsand assigns.

ARTICLE VIII

DEVELOPER'S RIGHT TO CHANGE

The Developer reservesthe rightto change the interiordesign and arrangement,size

and type of the Units,so long as the Developer owns the Units so altered.No such changeshallincreasethe number of Units or alterthe exterior boundary of the General Common

Elements without an amendment or supplement of thisDeclaration,which power isreserved

tothe Developer herein.

ARTICLE IX

AMENDMENT

1) Amendment. Amendment of thisDeclarationshallbe made in the followingmanner: At any regular or special meeting of the Association of Unit Owners such

amendment may be proposed as a resolutionby any Unit Owner, or the Board or Manager.

Upon adoption of the resolutionby a majorityvote of those presentthe amendment shallbe

made subjectforconsiderationatthe next succeeding meeting of the Associationwith notice

thereof,togetherwith a copy of the amendment to be furnishedto each Owner no laterthan

Page21 of38

thirty(30) days in advance of such meeting. At such meeting, the amendment shallbe

approved upon receivingthe favorablevote of seventy-fivepercent(75%) of the aggregate

percentageof interestof the Unit Owners. Ifso approved, itshallbe the responsibilityof the

Associationto filethe amendment with the Clerk and Recorder's Office of GallatinCounty,Montana. Notwithstandinganything setforthin thisArticleIX, paragraph 1, the Developerreservesthe soleand unilateralrightto amend thisDeclarationto change the design,sizeand

orientationof any unbuiltUnit,for the longer of the period when the Developer isa Unit

Owner or untilthecompletionand saletothirdpartiesof allUnitsintheProject.

2) ReservationtoDeveloper. The Developer hereby reservestherightatany time,on behalf of itselfand on behalf of the Association,to amend thisDeclarationand the

Governing Documents without approval of any Unit Owner or mortgagee forthepurposes of

correctingsurvey or other errorsand for any other purpose unless the amendment would

materiallyalteror change the rightsof a Unit Owner or mortgagee, in which event Unit

Owner and mortgagee consent shallbe required as provided above. Such changes shall

includeadding additionalphases contemplatedinthisDeclaration.

3) Change in Percentage of Value. The value of the vote of any Unit Owner and

the correspondingproportionof Common Expenses assessedagainstsuch Unit Owner shall

not be modified without the writtenconsent of such Unit Owner and hismortgagee, nor shall

the percentage of value assigned to any Unit be modified without likeconsent,except as

provided inthisDeclarationin the Bylaws or pursuantto the Unit Ownership Act or by the

annexationof additionalUnits insubsequent phases.

4) Approval of Developer. No amendment shalladversely affectthe rightsor

privilegesof theDeveloper without Developer'spriorwrittenconsent.

5) Amendment Priorto Sale/Leaseby Declarant. Notwithstandingthe procedureset forth above, the Declarant may unilaterallyamend this Declaration,or any other

Governing Documents, priorto any saleor leaseof a Unit or interestthereof.

6) Power of Attorney. Each Unit Owner hereby appointsthe Developer as hisor

her attorney-in-fact,and grantsthe Developer allnecessary authorityso thatthe Developer

may fileany amendment authorizedby the processdescribedherein.

ARTICLE X

ENFORCEMENT

1) Abatement and Suit.The Owner of each Unit shallbe primarilyliable,and the

Occupant or Owner's Tenant, ifany, secondarilyliablefor the violationor breach of any

covenant, condition,or restrictionherein contained. Violationor breach of any covenant,

Page22 of38

condition, or restrictionherein contained shall give to Declarant, or the Association,

followingseven (7)days noticeto the Owner, Owner's Tenant or Occupant inquestionwhere

the Owner's Tenant isin non-compliance, and fifteen(15) days noticeforother violations,the right,privilegeand licenseto enterupon the Unit where said violationor breach exists

and to abate and remove summarily, or abate or remove, at the expense of the Owner,

Owner's Tenant or Occupant thereof,any improvement, structure,thing,or conditionthat

may be or existthereon contraryto the intentand meaning of the provisionshereof,or to

prosecutea proceeding at law or equityagainstthe person or persons who have violatedor

are attempting to violateany of these covenants, conditions or restrictionsto enjoin or

preventthem from doing so,to cause saidviolationto be remedied,or to recoverdamages for

saidviolation.No such entryby Declarant,the Associationor theiragents shallbe deemed a

trespass,and neitherDeclarantnor theAssociationnor theiragents shallbe subjectto liabilityto the Owner, Owner's Tenant or Occupant of said Unit forsuch entryand any actiontaken

to remedy or remove a violation.The costof any enforcement action,abatement,remedy or

removal hereunder shallbe a binding personalobligationon any Owner, Owner's Tenant or

Occupant in violationof any Provisionof thisDeclaration,as well as alien (enforceablein

the same manner as a mortgage) upon the Unit in question. The lienprovided for in this

sectionshallnot be validas againsta bona fidepurchaseror mortgagee forvalue of the Unit

in question unless a suitto enforce the lienhas been filedin a court of record in Gallatin

County, Montana, priorto the recordationof the deed or mortgage conveying or encumberingthe Unit inquestionto such purchaseror mortgagee respectively.

2) Liens. Any lienstatementmust setforththe names of the claimant,and the

Owner of recordof the Unit againstwhich the lienisclaimed,a descriptionof the Unit,the

amount of the claim,the date of the claim and a briefstatementof the manner in which the

costsand expenses constitutingthe claim were incurred.Once filed,the lienshallremain on

record as a claim againstthe propertyuntilpaid infull,or foreclosedinthe manner provided

by law,subjecttothe rightsof redemption.

3) Notice. Notice, as required above, shallbe given in writing and may be

personallyserved on the Owner, person or entityconcerned or mailed via depositintheU.S.

Mail, certifiedmail,returnreceiptrequested,postageprepaid and shallspecifythe violation

or threatenedviolation,identifythe Unit,demand compliance with the terms and conditions

of thisDeclarationand shallstatethe actionwhich willbe taken ifthe violationor threatened

violationisnot abated,remedied, or satisfied.Such notice,shallbe effectiveon the date

noticeispersonallyserved upon theOwner, person,entityor theiragent and when served bymail shallbe deemed complete when deposited,postage prepaid,in the United Statesmail.

In thiscontextthe term agent shallinclude,but not be limitedto,familymembers or tenants

of the Owner, contractorsor subcontractors working on the Owner's Unit who have

contributedto theviolationor threatenedviolation,and partiesappointed by the Owner as an

attorney-in-fact.In the event the violationcould resultin immediate danger or harm, to

eitherthe health or property of the other Unit Owners, the Common Elements or the

Association,the violatormust, after being properly notified,immediately remedy the

violation.In the event the violationwillnot createimmediate danger or harm, the violator

Page23 of38

shallhave fifteen(15) days from the effectivedate of such noticewithin which to complywith this Declarationor the action requested before any party may engage in abatement

action,entryon theproperty,or commencement of legalactionas provided herein.

4) Right of Entry. During reasonable hours and upon forty-eight(48) hours

notice,and subjectto reasonable securityrequirements,Declarant,the Association or their

agents,shallhave the rightto enterupon and inspectany Unit covered by thisDeclaration

forthe purpose of ascertainingwhether or not the provisionsof thisDeclarationhave been or

are being complied with,and neitherDeclarant nor the Associationnor theiragents shallbe

deemed to have committed a trespass or a wrongful act by reason of such entry or

inspection.

5) Deemed to Constitutea Nuisance. The resultof every actor omission whereby

any covenant, condition or restrictionherein contained is violatedin whole or in part is

hereby declaredto be and to constitutea nuisance and every remedy allowed by law or in

equity againstan Owner or Occupant, eitherpublic or private,shallbe applicableagainst

every such resultand may be exercisedby Declarantor theAssociation.

6) Attorney'sFees.

a) When a Unit isleasedor occupied by persons otherthan theOwner, an

Owner, Occupant or Owner's Tenant whose non-compliance with any covenant,conditionor restrictioncontainedherein,which resultsinthe Declarantor Association

incurring attorney'sfees or costs,whether or not legal action is institutedor

completed,shallbe liableforallsuch attorney'sfeesand costsand alien may be filed

againsttheUnit forsuch attorney'sfeesand costs.

b) Otherwise, in any legalor equitableproceeding forthe enforcement of

this Declaration or any provision hereof, whether it be an action for damages,

declaratoryreliefor injunctiverelief,or any other action,the losingpartyor partiesshallpay the attorney fees and costs of the prevailingparty or parties,in such

reasonableamount as shallbe fixedby the courtin such proceedings or ina separateactionbrought forthatpurpose.The prevailingpartyshallbe entitledto saidattorney'sfeesand costseven though said proceeding issettledpriortojudgment. All remedies

provided hereinor atlaw or inequityshallbe cumulative and not exclusive.

7) Failureto Enforce isno Waiver. The failureof Declarantor Associationto

enforceany requirement,restrictionor standardhereincontainedshallinno event be deemed

to be a waiver of the rightto do so thereafteror inothercases,nor of the rightto enforceanyotherrestriction.

Page24 of38

ARTICLE XI

ASSIGNMENT

Any or all of the rightsand powers granted or reserved to the Developer in the

Governing Documents or by law, includingthe power to approve or disapprove any act,use

or proposed actionor any othermatter or thing,may be assigned by itto any otherentityor

to theAssociation.Any such assignment or transfershallbe made by appropriateinstrument

inwritingduly recorded inthe officeof the GallatinCounty Clerk and Recorder.

ARTICLE

XII RESTRICTIONS

All of the Units and Common Elements inthe Projectshallbe held,used and enjoyed

subjectto thefollowinglimitationsand restrictions:

1) Use. The Units in the Condominium shall be used only for purposes of

residentialoccupancy by Unit Owners, theirfamilies,and theirguests and inviteeswho do

not pay considerationfor such occupancy, consistentwith the otherrestrictionscontained in

the Governing Documents. The Units may alsobe used forresidentialrentalaccommodation,as limitedby the restrictionsof SectionXII (2)and may not be used for any otherpurposeswhatsoever.

2) Leasing. A Unit may only be leasedor otherwiseoccupied by person(s)other

than the Owner in a manner consistentwith the restrictionsset forth in the GoverningDocuments. All leasesbetween an Owner and the Owner's Tenant must includea copy of this

Declaration which shallbe attached to and made a part of the lease.Owners shallbe

responsible for all violationsof the Governing Documents or damages caused to the

Common Elements by theirTenants.

3) Alterationsand Modifications. No Unit Owner shallmake any alterationor

modificationof any of the Common Elements. The Association shallonly undertake such

alterationsand modificationsiftheDeveloper has given prior,writtenapproval.

4) Home Occupations. The Owner or the Owner's Tenant may engage ina home

occupation,so long as itisconducted incompliance with theGoverning Documents.

5) Developer. So long as the Developer owns any Unit inthe Projector untilall

proposed phases are completed, thereshallbe no obstructionof the Common Elements nor

shallanything be stored in or on the Common Elements, with the exception of construction

equipment and materials relatedto the Developer's activities,without the prior written

Page25 of38

consent of theDeclarantand the Association. Each Owner shallbe obligatedtomaintainand

keep inorderand repairhisown Unit.

6) Activities.No unlawful or offensiveactivityshallbe carriedon inany Unit or

upon the Common Elements nor shall anything be done which may be or become an

annoyance or a nuisanceto theotherUnit Owners ofthe Project.No loud or offensivenoises,

or noxious or offensive odors, shall be emitted beyond the confines of a Unit. No

unreasonably noisy activityshalloccur in or on the Common Elements or in any Unit. No

Unit Owner, Owner's Tenant, Occupant or Guest shalldo or permit anything to be done or

keep or permitto be kept inhis Unit or on the Common Elements anythingthatwillincrease

therateof insuranceon theCondominium without thewrittenapprovalof theDeclarantor the

Association,as applicable,and each Unit Owner shallpay to the Associationthe increased

cost of insurancepremiums resultingfrom any such activityor the maintenance of any such

condition,even if approved. Activitieswhich are deemed offensiveand are expressly

prohibitedinclude,but are not limitedto,the following: any activityinvolvingthe use of

firearms,air rifles,pelletguns, B-B guns, bows and arrows, or other similardangerous

weapons, projectilesor devices.

7) Pets.A maximum of two household pets(dogs and cats)may be maintained by

any Unit Owner, Owner's Tenant, Occupant or Guest in a Unit. Any Unit Owner, Owner's

Tenant, Occupant or Guest who causes any animal to be brought or kept upon the Property

shallbe subjectto the provisionsof the Bylaws and shallindemnify and hold harmless the

Associationfrom any loss,damage or liabilitythatthe Associationmay sustainas the result

of thepresenceof such animal on the Property. All dogs and catsshallbe strictlycontrolled,

at alltimes,so as not to annoy or interferewith the use of other Units and shallbe kept

within the Owner's, Owner's Tenant's, Occupant's or Guest's Unit or PrivateYard, and

shallnot be allowed to roam free.

Pet owners shall pick up their pet'sfeces promptly, in both Private Yards and

Common Elements,and then disposeof them properly.

No dogs shallbe allowed to bark for extended periods of time and be a nuisanceto

others. No kennels are allowed outsideof a Unit without the expresswrittenconsentof the

Association,which consentmay be withdrawn atany time by theAssociation..

8) Aesthetics. Subject to the provisions of Article XII (5), the Common

Elements shallnot be used for storageof supplies,materials,personal propertyor trashor

refuse of any kind, except as provided in duly adopted rules and regulationsof the

Association. No unsightlyconditionsshallbe maintained on any patio,porch or deck and

only outdoor furnitureand equipment consistentwith the normal and reasonableuse of such

areas shallbe permittedto remain thereduring seasons when such areas are reasonably in

use and no furnitureor equipment of any kind shallbe storedthereon during seasonswhen

such areas are not reasonablyin use.No indoor furnitureshallever be in use in an outdoor

area.Trash receptaclesshallbe maintained inareasdesignatedthereforatalltimes and shall

Page26 of38

not be permittedto remain elsewhere on theCommon Elements except forsuch shortperiodsof time as may be reasonably necessaryto permit periodiccollectionof trash.The Common

Elements shallnot be used in any way forthe drying,shaking or airingof clothingor other

fabrics.In general,no activityshallbe carriedon nor conditionmaintained by a Unit Owner,Owner's Tenant, Occupant or Guest, eitherin the Unit or upon the Common Elements,which isdetrimentalto theappearance of the Project.

The privacy,attractivenessand value of the Units are enhanced by the Landscape Elements

thatare a Limited Common Element of each Unit. All such Landscape Elements shallbe

maintained exclusivelyby the Association.In orderto both preservethe Landscape Elements

and maintain a reasonably equitabledistributionof the landscaping maintenance coststhat

area functionof design,neitherUnit Owners, Owners' Tenants,Occupants, Guests nor their

petsshallinterferewith,damage, alteror remove any of the vegetation,irrigationsystems or

other Landscape Elements thatare maintained by the Association.Vegetation would include

trees,shrubs, lawn areas,bedding plants,vines or mulch. No Landscape Elements may be

added as a Limited Common Element to any Unit without the priorwrittenconsent of the

Association.

9) Advertising. No signs or other advertisingdevices of any kind shall be

displayed which are visiblefrom the exteriorof a Unit or on the Common Elements,

including "For Sale" or "For Rent" signs,without the priorwrittenpermission from the

Associationand the Developer, so long as itowns a Unit or untilthe completion of all

proposedphases of theProject.

10) No Owner shallpark, store or maintain in or on the Property any boats,

trailers,campers or commercial type trucks,or vehiclesotherthan ordinarypassenger cars,

sportsutilityvehiclesand pick-up trucks. The temporary parking of boats,trailers,campers,or other vehiclesnot customarily used for means of general transportationfor periods of

shortduration,but not to exceed forty-eight(48)hours withinany seven (7)day period,shall

not be deemed a violationof thisparagraph. No Owner shallpark more than three (3)

passenger vehicleson the Property without the priorwrittenconsent of the Board, in each -

and every instance.The thirdvehiclewillbe parked on the street.No repairsto any vehicle

may be made on the Property,except in case of strictemergency. No noisy,smoky or

unlicensed vehiclesshallbe operated upon the Property. The Associationmay cause the

removal of any vehiclewrongfullyparked on the Property,includinga vehicleowned by any

Owner, theirfamily guestsor tenants,inany manner allowed by law. The Associationshall

not be liableforany damages incurredby thevehicleowner, or any Owner, Owner's Tenant,

Occupant or Guest, because of the removal of a vehiclein compliance with thissection,or

for any damage to the vehiclecaused by the removal. Notwithstandingthe foregoing,the

Associationmay cause the removal, without notice,of any vehicleparked in a marked fire

lane,within fifteen(15) feetof a firehydrant,ina parking space designatedforhandicappedwithout proper authorityor in a manner which interfereswith any entranceto,or exitfrom,the Propertyor any Condominium, parking space or garage locatedthereon.

Page27 of38

11) Parking areas.All on-streetparking iscontrolledand enforcedby the City of

Bozeman.

12) Rules and Regulations. Itis intended that the Developer and the Board of

Directorsof the Associationmay make rulesand regulationsfrom time to time to reflectthe

needs and desiresof the Unit Owners in common. Reasonable regulationsconsistentwith

the Act, thisDeclarationand the Bylaws concerning the use of the Property may be made

and amended from time to time by the Developer or any Board of Directorsof the

Association,includingthe firstBoard of Directors.Copies of allsuch rules,regulationsand

amendments theretoshallbe furnishedto allUnit Owners.

13) Right to Access of Association. The Associationor itsduly authorizedagentshallhave access to each Unit and any Limited Common Elements appurtenanttheretofrom

time to time, during reasonable working hours, upon noticeto the Unit Owner thereof,as

may be necessary for the maintenance, repair or replacement of any of the Common

Elements. The Declarant,the Associationor itsagent,as applicable,shallalsohave access

to each Unit and any Limited Common Elements appurtenanttheretoat alltimes without

noticeas may be necessaryto make emergency repairsto prevent damages to the Common

Elements or to anotherUnit. Itshallbe the responsibilityof each Unit Owner toprovide the

Association a means of access to the Owner's Unit and any Limited Common Elements

appurtenanttheretoduring allperiodsof absence,and inthe event of the failureof such Unit

Owner to provide means of access,the Declarantor theAssociation,as applicable,may gainaccess in such manner as may be reasonableunder the circumstances and shallnot be liable

to such Unit Owner for any necessary damage to his Unit and any Common Elements

appurtenant theretocaused thereby or for repairor replacement of any doors or windows

damaged in gainingsuch access.

14) Reserved Rights of Developer. None of the restrictionscontained in this

Articleshallapply to the commercial activitiesor signsor billboards,ifany, of theDeveloper

during the development and salesperiod or of the Association in furtheranceof itspowersand purposes set forth herein, as the same may be amended from time to time.

Notwithstanding anything to the contraryelsewhereherein contained,Developer shallhave

the rightto maintain a salesoffice,a business office,a construction office,one or more

model Units, storage areas and reasonable parking incidentto the foregoing and such

access to,from and over the Project as may be reasonable to enable development and

sale of the entire Project by Developer and may continue to do so during the entire

development and salesperiod of allproposed phases.

ARTICLE XIII

Page28 of38

CHANGES, REPAIRS, LIENS

1) Alterations:Notwithstanding any rightsto remodel the interiorof the Units,

no Unit Owner, Owner's Tenant, Occupant or Guest may change the color or otherwise

alterthe exteriorof a Unit in any way without having received the priorwrittenapprovalof the Association. No Unit Owner, Owner's Tenant, Occupant or Guest may damage,remove or alterin any way the Fencing thatencloses the Unit's PrivateYard. No Owner,

Owner's Tenant, Occupant or Guest may damage, alteror remove Landscape Elements

in theirUnit's Private Yard without having received the prior writtenapproval of the

Association. No change in the boundaries of Units shallencroach upon the boundaries

of the Common Elements exceptby amendment to thisDeclaration.

2) Maintenance by Unit Owners: Owners shallmaintain and keep in repairthe interiorand exteriorof theirUnits.Owners, Owners' Tenants, Occupants and Guests

shall respectand in no way abuse or misuse Unit exteriors,Fencing and LandscapeElements. The Common Elements shallbe repaired and maintained by the Association,

unless the need for specificmaintenance, repairor replacement was created by the action

or negligence of a Unit Owner, Owner's Tenant, Occupant or Guest,in which case the

cost of any such maintenance, repairor replacement will be the sole responsibilityof the

Unit Owner. Such required maintenance, repairor replacement will be initiatedand

overseen by the Association. Notwithstanding the maintenance and repairobligationsset

forth above, No Owner, Owner's Tenant, Occupant or Guest will undertake any

maintenance, repairor replacement of any Unit exteriors without the prior written

approval of the Association.

An Owner shallcomply with all governmental health,fireand safetyordinances,

regulations, requirements and directives.All fixtures,utilitylines and equipment

installed in Units commencing at a point where the utilitiesenter a Unit shall be

maintained and kept in repairby the Owner. An Owner shalldo no act,nor any work, that

will impairthe structuralsoundness or integrityof theirUnit or impairany easement. An

Owner shallalso keep allareas and Limited Common Elements appurtenant to his Unit

in a neat,cleanand sanitarycondition. No actsof alteration,repairingor remodeling by

the Owner shallimpairin any way the structuralintegrityof Common Elements.

If an Owner, Owner's Tenant, Occupant or Guest abuses, misuses or damages a

Unit'sexterior,Fencing or Landscape Elements, theAssociationshallhave the right,butnot

theobligation,to make allnecessary repairsor replacements arisingfrom such abuse,misuse

or damage and billthe Owner for allrelatedcosts.Ifthe Owner failsto remit payment for

such coststo the Associationwithin ten (10)days of the date of such billing,the Association

shallhave the rightto filealien againsttheUnit.

3) ExteriorAlterations:No Owner may change, alteror remodel the exteriorof

hisUnit without the priorwrittenapproval of the Board of Directorsof the Associationand,

so long as itowns a Unit in the Condominium or untilthe completion of allproposed phases

Page29 of38

of theProject,the Declarant.

4) ExteriorLighting:No Owner may change,add or otherwisealterany exterior

lightingon any Unit without the priorwrittenapproval of the Board of Directorsof the

Associationand, so long as itowns a Unit inthe Condominium or untilthe completion of all

proposed phases of the Project,the Declarant.

5) Maintenance by Association: The Association shalltake allnecessary stepsto ensure thatthe Common Elements and allLandscape Elements do not unnecessarilydeteriorate.The Board of Directorsof the Association shallannually inspectthe Common

Elements and proceed with any necessary maintenance, repairsor replacements.Any lien

holder or representativeof the same, upon writtenrequest,shallhave the righttojoin in the

annual inspectionmade by the Board of Directors and suggest needed repairs and

maintenance necessaryto preservethe securityvalue of the Project.

6) Liens for Alterations: Labor performed and materials fumished and

incorporatedintoa Unit and Common Elements appurtenantto thatUnit with i),the consent

of or at the request of the Unit Owner, his agent,his contractoror subcontractoror ii),

arisingas a resultof Owner's, Owner's Tenant's,Occupant's or Guest's abuse, misuse or

damage to any Common Element, shallbe the basisfor the filingof alien againstthe Unit

or the Unit Owner consenting to or requestingthe same. Each Unit Owner shallindemnifyand hold harmless each of the otherOwners and the Associationfrom liensagainstthe Unit

or againstthe Common Elements for constructionperformed or for labor,materials,services

or otherproductsincorporatedinthe Owner's Unit atsuch Owner's request.

ARTICLE XIV

INSURANCE

1) AssociationInsurance. The insurancepolicy for the Common Elements shall

be purchased by the Association.The insurancepolicyfor each Unit shallbe purchased bythe Owner(s) of each Unit.The Associationwill assess the Unit Owners who receivethe

benefitand use of the Common Elements for such insurance coverage. All insurance

policiesshallbe underwrittenby an insurancecompany authorizedtodo businessinMontana.

a) Named Insureds:The named insuredforthepolicyinsuringtheCommon

Elements acquired by the Association,shallbe the Associationas agent for the Unit

Owners withoutnaming them. The named insuredforthepolicyinsuringeach Unitshall

be the Unit Owner and lienholdersas appropriate.The insurancepolicyforeach Unit,

includingcoverage forliabilityand theUnit Owner's personalproperty,willbe thesole

expense of theUnit Owner.

Page30 of38

b) Copies toMortgagees and Owners: The Associationthereonshallfurnish

one copy of the insurancepolicyforthe Common Elements and of allendorsementsto

each Unit Owner on request.

2) Coverage.

a) Casualty:All Units,Common Elements and PersonalPropertywithinthe

Common Elements upon the Propertyshallbe insuredby the Unit Owners and/orthe

Associationrespectivelyin an amount equaltothe fullinsurablereplacementvalue.All

such insuranceisto be based on currentreplacementvalue,as determined annuallybythe Units'respectiveinsurers,lienholdersand Unit Owners for the Units;and by the

Board, the insurerand any firstlienholder,or theirrepresentatives,for the Common

Elements. Such insurancepoliciesmay be subjectto such deductibleclausesas are

requiredin orderto obtaincoverage at reasonablecosts.Coverages forthe Units and

Common Elements shallbe increasedby theUnit Owners and theBoard respectivelyas

may be necessaryto provide thatthe insuranceproceeds willbe sufficientto cover

replacement,repairsor reconstruction.Such coverage shallaffordprotectionagainst:

i) Loss or damage by fireand otherhazards covered by a standard

extendedcoverage endorsement;and

ii) Specifically,such otherrisksincludingfloodand earthquakeloss

as from time to time shallcustomarilybe covered with respectto buildingssimilarinconstruction,locationand use astheUnitson theland,

b) Public Liability:In such amounts and with such coverage as shallbe

requiredby theBoard of DirectorsoftheAssociation,including,but not limitedto,hired

automobile and non-Owner automobilecoverage,ifapplicable,and with cross-liabilityendorsement tocover liabilitiesof theUnitOwners as a group toa UnitOwner.

c) Errorsor Omissions Insuranceforthe Directors,Officersand Managers,iftheAssociationso desires,inamounts tobe determinedby theBoard.

d) Other Insurance: Such otherinsuranceforthe Common Elements as the

Board of Directorsof the Associationshalldeterminefrom time to time to be desirable

and asmay be requiredby theFederaland Statelaws.

3) Premiums. Insurance premiums for the Common Elements purchased by the

Associationshallbe paid by theAssociationas a Common Expense, exceptthatthe amount of

increasein the premium occasionedby use for otherthan a residence,misuse,occupancy or

abandonment of a Unit or itsappurtenancesor of the Common Elements by a Unit Owner,Owner's Tenant,Occupant or Guest shallbe assessedagainstthatOwner. Not lessthan ten

(10)days priorto thedatewhen a premium isdue,evidenceof such payment shallbe furnished

by theAssociationtoeach lienholderrequestingnotice.

Page31 of38

4) InsuranceTrustee.All insurancepoliciesforthe Common Elements purchased

by the Associationshallbe for the benefitof the Associationand the Unit Owners and their

mortgagees as theirinterestsmay appear. Upon such electionbeing made by the Board of

Directorsof the Association,the Board shallprovidethatallproceeds coveringpropertylosses

shallbe paid to such bank or escrow company in Montana as may be designatedas Insurance

Trusteeby the Board of Directorsof the Association,which trusteeishereinreferredto as the

InsuranceTrustee.The InsuranceTrusteeshallnot be liableforpayment of premiums nor for

the renewal or the sufficiencyof policiesnor forthe failureto collectany insuranceproceeds.The duty of theinsurancetrusteeshallbe to receivesuch proceedsas arepaidand holdthe same

in trustfor the purposes elsewhere statedin thisinstrumentand for the benefitof the Unit

Owners and theirmortgagees inthe followingshares,but which sharesneed not be setforthin

therecordsof theinsuranceTrustee:

a) Unit Owners: A shareforeach Unit Owner, such sharebeingthesame as

thepercentageinterestintheCommon Elements.

b) Mortgagees: Inthe eventa mortgagee endorsement has been issuedas to

a Unit,theshareof the UnitOwner shallbe held inTrustforthemortgagee and the Unit

Owner as theirinterestsmay appear,provided however, thatno mortgagee shallhave

any rightto determine or participatein the determinationas to whether or not any

damaged propertyshallbe reconstructedor repaired,and no mortgagee shallhave any

rightto apply or have applied to the reductionof a mortgage debt any insurance

proceedsexceptdistributionsthereofmade to a Unit Owner and mortgagee pursuantto

theprovisionsofthisDeclaration.

5) Distributionof Proceeds forCommon Elements. Proceeds of insurancepoliciesforthe Common Elements receivedby the InsuranceTrusteeshallbe distributedto or forthe

benefitof thebeneficialOwners inthefollowingmanner:

a) Miscellaneous: Expenses of administration,Insurance Trustee and

constructionor remodeling supervisionshallbe consideredas partof the cost of the

construction,replacementorrepairof theCommon Elements.

b) Reconstructionor Repair: Any balance remaining shallbe used for

reconstructionand repairofthe Common Elements as hereafterprovided.

c) Ifthereisno reconstructionor repairof the Common Elements,the first

proceeds for distributionafterpaying the InsuranceTrustee shallbe made to the first

lienholdersforsuch Units beforedistributiontotheUnit Owners. IfCommon Elements

are destroyedand partiallyrebuiltdistributionshallbe made to Unit Owners or the

InsuranceTrustee,as theirinterestsappear based on the reconstructionof the Common

Elements.

d) Afterdistributionof the insuranceproceeds as setforthin subparagraphs

Page32 of38

a),b) and c) above,any remainingproceedsshallbe distributedtotheUnitsOwner(s) as

such Owner(s) interestshallappear.

e) Certificate:In making distributionto Unit Owners and theirlienholders,the Insurance Trustee may rely upon a certificateof the Association made by its

representativeor Manager as tothenames of theUnitOwners and theirrespectiveshares

ofthedistribution.

6) Distributionof Proceeds forUnits.Proceeds of insurancepoliciesforeach Unit

receivedby the Owner(s) shallbe distributedto or for the benefitof the Owner(s) in the

followingmanner:

a) Miscellaneous: All Unit Owners are requiredto repair,reconstructor

rebuild damaged or destroyed Units. The process of repairing,reconstructingor

rebuildingthe Unit must be commenced withinninety(90)days afterthe Unit has been

damaged or destroyed and must be completed within one (1) year afterthe date of

damage or destructionof the Unit. Expenses of administrationand constructionor

remodeling supervisionshallbe consideredas part of the cost of the construction,

replacementor repairof theUnit,

b) Reconstructionor Repair: Any balance remaining shallbe used for

reconstructionand repairof theUnit,ashereafterprovided.

7) Associationas Agent. The Associationisirrevocablyappointedagent foreach

Unit Owner and foreach holderof a mortgage or otherlienupon a Unit and foreach Owner of

any other interestin the Condominium to adjustallclaims arisingunder insurancepolicies

purchasedby theAssociationand toexecuteand deliverreleasesupon thepayment ofclaims.

8) Benefitto Mortgagees. CertainprovisionsinthisArticleare forthe benefitof

mortgagees or trustindenture beneficiaries,and allsuch provisionsare covenants for the

benefitof any mortgagee of a Unit and may be enforcedby such mortgagee or beneficiary.

9) Reconstructionof Common Elements:

a) Repair afterCasualty: Ifany Common Element of the Condominium

shallbe damaged by casualty,whether or not itshallbe reconstructedor repaired,shallbe determinedinthe followingmanner:

i) Lesser Damage: Ifa Common Element isfound by the Board of

Directorsof the Associationto be tenantableafterthe casualty,the damaged

propertyshallbe repaired.

ii) Unusable. Ifa General Common Element isfound by the Board

of Directorsto be unusable afterthe casualty,the damaged property may be

Page33 of38

reconstructedor rebuiltas provided in the applicableprovisionsof the Unit

Ownership Act.

iii) Election Not to Rebuild. In the event the Owners Association

electsnot to rebuildthe Common Element as herein provided and setforthin

( 70-23-803 MCA, the insurance proceeds shall be used to satisfyany

outstanding liensor encumbrances on the property,and then disbursed as

provided in ( 70-23-805 MCA.

iv) Certificate:The InsuranceTrustee may rely upon a certificateof

the Associationmade by itsPresident or Manager as to the determination

whether or not the damaged propertyisto be reconstructedor rebuilt.

b) Plans and Specifications:Any reconstructionor repairof a General

Common Element must be substantiallyin accordance with the plans and

specificationsfor the originalimprovements, or ifnot,then according to plans and

specificationsapproved by not less than seventy-five percent (75%) of the Unit

Owners. Any such reconstructionnot in accordance with the originalplans and

specificationsmust be setforthin an amendment to theDeclaration.

c) Responsibility:The responsibilityfor reconstructionor repair after

casualtyshallbe the Associationwho shallwork with the InsuranceTrusteeto carryout theprovisionsof thisArticle.

d) Assessments: Ifthe proceeds of insuranceare not sufficientto defraythe estimatedcostsof reconstructionor repairof the Common Element forwhich the

Association isresponsible,or'ifat any time during such reconstructionor repair,or

upon completion of such reconstructionor repair,the funds for the payment of the

coststhereofare insufficient,assessments shallbe made againstallUnit Owners in

sufficientamounts to provide funds to cover the payment of such costs. Such

assessments shallbe in proportion to the Owner's percentage of interestin the

GeneralCommon Elements.

e) Construction Funds: The funds for payment of costs of

reconstruction or repair after casualty, which shall consist of proceeds of

insurance held by the Insurance Trustee and funds collectedby the Association

from assessments against Unit Owners, shallbe disbursed in the sound discretion

of the trustee and according to the contract of reconstructionor repair, which

contractmust have the approval of the Board of the Association involved.

f) Surplus:It shall be presumed that the firstmonies disbursed in

payment of costsof reconstructionand repairshallbe from the insurance proceeds.If there is a balance in a construction fund afterpayment of all costs of the

reconstructionand repairfor which the fund is established,such balanceshallbe

Page34 of38

paid to the Association forthe use and benefitof the Unit Owners.

10) Reconstruction of Units:

a) Repair afterCasualty: Ifany part or allof a Unit shallbe damaged

by casualty,itshallbe reconstructedor repaired.

b) Plans and Specifications:Any reconstruction,repairor rebuildingof

a Unit must be substantiallyin accordance with the plans and specificationsforthe

original improvements, or if not, then according to plans and specifications

approved by the Board of the Association. Any such reconstruction not in

accordance with the originalplans and specificationsmust be set forth in an

amendment to the Declaration.

c) Responsibility: The responsibilityfor reconstructionor repairof a

Unit aftercasualty shall rest solelywith the Owner(s), who shall carry out the

provisions of thisArticle.Ifthe proceeds of insurance are not sufficientto defraythe estimated costs of reconstructionor repairof the Unit for which the Owner(s)is responsible, or if at any time during such reconstruction or repair,or upon

completion of such reconstructionor repair,the funds forthe payment of the costs

thereofare insufficient,the Owner(s) agrees to promptly provide the balanceof the

funds necessary to complete the reconstructionor repair.

ARTICLE XV

REMOVAL OR PARTITION

The Condominium may only be removed from condominium Ownership, and may onlybe partitionedor sold,upon compliance with each oftheconditionshereof:

a) The Board of Directorsof the Associationmust approve the plans of

removal,partitionor sale,exceptfortherightsreservedtothe Declarant.Such approvalshallincludethedetailsof how any partitionor sale,and thedistributionof propertyor

funds shallbe accomplished.

b) The Cityof Bozeman must approve theplansof removal,partitionor sale,

exceptfortherightsreservedtotheDeclarant.

c) The plan of removal,partition,subdivision,abandonment, terminationor

salemust be approved as providedintheMontana Unit Ownership Act. Ifapprovalfor

any of the forgoingisnot requiredby the Unit Ownership Act, then approvalshallbe

requiredfrom atleastseventy-fivepercent(75%) oftheaggregatepercentageinterestsof

Page35 of38

theOwners. Upon obtainingsuch approval,theBoard shallbe empowered to implementand carryout the plan of removal, partition,subdivision,abandonment, terminationor

sale.

d) No Unit may be dividedorsubdividedintoa smallerUnit,nor any portionthereofsoldor otherwisetransferred,exceptas providedherein.

e) The Common Elements of the Condominium shallnot be abandoned,

partitioned,subdivided,encumbered, or soldor transferredwithoutcompliance with all

oftheabove requirements.

ARTICLE XVI

INTERPRETATION

The provisionsof thisDeclarationand of the Bylaws to be promulgated and recorded

herewith,shallbe liberallyconstruedto effectuatethe purposesof thisDeclarationand Bylawsand tocreatea buildingsubjecttoand under theprovisionsof theUnitOwnership Act.

ARTICLE XVII

REMEDIES

All remedies provided for in thisDeclarationand Bylaws shallnot be exclusiveof anyotherremedies thatmay now be,or arehereafter,availabletothe partiesheretoas providedfor

by law. In any actionto enforcethe Governing Documents, the prevailingpartyshallrecover

his/itsattorney'sfeesand courtcosts,includingany attorneyfeesand courtcostson appeal.

ARTICLE XVIII

SEVERABILITY

The provisions hereof shall be deemed independent and severable and the

invalidityor partialinvalidityor unenforceabilityof any one or more provision shallnot

affectthe validityor enforceabilityof any otherprovisionhereof.

Page36 of38

ARTICLE XXIX

MISCELLANEOUS

1) Expenditures. With the exception of expenditures required for emergency

situations,no singleexpenditure or debt in excess of One Thousand Dollars($1,000)maybe made or incurredby the Manager withoutthe priorapprovalof the Board of Directorsof

the Association.The Board of Directorsmay modify the limitationon singleexpenditureswithout amendment to these Declarations.

2) Benefit. Except as otherwise provided herein, this Declaration shall be

binding upon and shallinure to the benefit of the Declarant, the Association and each

Unit Owner, and the heirs,personal representatives,successorsand assignsof each.

3) Serviceof Process. The name and address of the person who will initiallyreceiveserviceof processfor the Condominium untilanother designationis filedof record

shallbe W. Mark Easton, PostOfficeBox 12037,Bozeman, MT 59719.

4) Notice to Lienholder. Upon request firstlienholder will be entitled to

written notificationfrom the Association of any defaultin the performance by an

individualUnit Owner of any obligationunder the Governing Documents that is not

cured withinsixty(60) days.

5) Right to examine books. Every Unit Owner and firstlienholder on everyUnit shallhave the rightto examine the books and recordsof the Owners Association by

giving seven (7) business days prior writtennoticerequesting such examination. Upon

receiptof such notice the party receiving the notice shall schedulea mutually agreeabledate and time during normal business hours for the examination which date shallbe not

more than fifteen(15) calendar days following the receiptof the noticerequesting the

examination.

6) Warranties.The Declarant expresslymakes no warrantiesor representations

concerning the P roperty,the Units,the Declaration,the Bylaws or deeds of conveyance

except as specificallyset forth thereinand no one may rely upon such warranty or

representationnot so specificallyexpressed therein. Estimates of Common Expenses are

deemed accurate,but no warranty or guarantee is made or is intended,nor may one be

reliedupon.

7) Notices. All writingsrequired or permitted to be given or delivered under

this Declaration shallbe deemed to have been given or delivered when deposited in the

United Statesmail or by deliveringitpersonallyto an officerof the Association,Developer,or directlytoa Unit Owner as follows:

Page37 of38

Developer:Islands,LLC, PostOfficeBox 12037,Bozeman, MT 59719

Association:Address as shown in the current recordsof the Associationor ifnone,to

the Developer.

Unit Owner: Address as shown on therecordsof the Association

The Associationor Developer may change itsaddress for the purposes of deliveryof such

writingsby deliveringwrittennoticeof such change to the Unit Owner in the manner above

provided atleastten (10)days priortothe effectivedate ofsuch change.

8) Term of Declaration. The term of the provisionsof thisDeclarationshallbe

perpetual,subjectto deletion,amendment and terminationof any or allof the Declaration

provisions by Declarant or the Association,in accordance with the provisionsof this

Declaration.

IN WITNESS WHEREOF, the Declaranthas caused thisDeclarationto be made and

executed accordingto the provisionsof theMontana Unit Ownership Act, Section70-23-101,

etseq.,MCA.

DECLARANT: ISLANDS, LLC

By: W. Mark aston

Its:AuthorizedAgent

STATE OF MONTANA ):ss

County of Gallatin )

On March 2 ,2017, before me personallyappearedW. Mark Easton,known tome to

be theAuthorizedAgent forIslands,LLC, and acknowledged tome thathe executedthis

document of,forand on behalfofIslands,LLC.

.... Notary PublicfortheStateofMontana

'it .9 PR L HUBER ] (Printname) April&

vtorn . forthe # >man;-, Residingat:

SE Residingat: My commiss1 pires:. . Bozeman, Montana

1 My CommissionExpires:. Septe:15p.91,2020

Page38 of38

Exhibit"A"

Legal Descriptionof the Real Property InitiallyIncluded intheCondominium

Lot 5 of theAmended Platof Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West

Winds Major SubdivisionPhase 4 and Lot 1 of Block 3 and Lot 1 ofBlock 4 of West Winds

Major SubdivisionPhase 5,locatedinthe Northwest one-quarter of Section2,Township 2

South, Range 5 East,PrincipalMeridian Montana, City of Bozeman, GallatinCounty,

Montana, allaccording to the officialplatthereofon fileand of record in the officeof the

Clerk and Recorder forGallatinCounty, Montana [PlatReference: J-493A]

Exhibit"B"

UnitFloorPlans

[Seeattached]

CERTIFICATE OF REGISTERED ARCHITECT

The undersigned,being a duly RegisteredArchitectin the Stateof Montana,herewithcertifiesthefollowing:

1. That the attachedplans are an accuratecopy of the plans filedwith and

approved by the city and county officershaving jurisdictionto issue

buildingpermitsinBozeman, Montana.

PrintedName: \A 4 %^;4

RegisteredArchitect

Number: $601

STATE OF MONTANA ):ss.

County ofGallatin )

On 3/27/2017,beforeme, a Notary Publicforthe Stateof Montana, personally

appeared L AAM- Bi' 74,was ? ,and acknowledged to me theexecutionof

",""1,, APRIL HUBER. 1, NotaryPubIlc

OTAAty fortheStateofMontana

Residingat:SEAL v Bozeman, Montana

My CommissionExpires: R r tt,September01,2020 (PrintedNote Nam

Notary Publicfor StateofMontana

ResidingAt:

[SEAL] My Commifon Expires: ,20

1

Duplex FloorPlan

-s-a fli.5As JL 111

4 dd I

LivingSpaceSquareFootage:1184.28

GarageSpace SquareFootage:295.74

e

Bradley FloorPlan

r-r F . e-sr r-c ,e-cr1.. suram s

1/r

ar-ar

TotalSquare Feet: 1048

, *

.. i

-- 0

-- 01 ... ..

COTTONWOOD PLAN

FloorPlans

A1.2

1I

PC9a pC'

94V&

I

IIiI

-n

at

COTTONWOOD PLAN

FloorPlans

A1.3

8 1,

32-0"

1, 15'-0" ,, 16'-0"Saddle Plan

- beamforbrgmailabove -

LIVBI [MING If-lx14 "

fM -l"x2'-")000

per/Fz--S'-0"dg.rtoa ove

PO ER6xB'- L UNDRYRM

8 0"x1-6"raL 8

storage 0

2CAR ARAG2P-6IIx23'-7

10x22'reefciepace 10'x2re(dspace]

20

, , 1'-61/2" , 22'-51/2" , ,

I'-0" 32'-0"

FROJECTSQUAREFOOTAGE:

ENTRYLEVEL- 186SF.UPPERLEVEL: 918SF.TOTAL: 1,164SF.

oman. as sp. ENTRY LEVEL PLAN -

1/CII. If/Jail

Saddle Plan , 32-0 ,

lineofexteriorwallbelon

0 BEDROOM BEDROOM 011-l"xl4'-P II-1"xi4'-I" -0

BATH'-6x8'-5

1 .-

BATH10-3"x5'-6"

-etoses=-10'-3"x3'-6"

118 RO1 9-0"

, T-&" , 15-0" , S'-6" ,

If0" 32'-0"

UPPER LEVEL PLAN -

Exhibit"C"

SitePlan

iNTERPARKSTREET

usa vr

LBREEZELANE

WinterParkWest Condominium

ExhibitD

PercentageOwnershipInterests

Unit# Model TotalSq.Ft. Ownership%

1 Bradley 1,048 2.6199%

2 Bradley 1,048 2.6199%

3 Bradley 1,048 2.6199%

4 Cottonwood 1,811 4.5273%

5 Duplex 1,480 3.6998%

6 Duplex 1,480 3.6998%

7 Cottonwood 1,811 4.5273%

8 Bradley 1,048 2.6199%

9 Bradley 1,048 2.6199%

10 Saddle' 2,297 5.7422%

11 Duplex 1,480 3.6998%

12 Duplex 1,480 3.6998%

13 Saddle 2,297 5.7422%

14 Duplex 1,480 3.6998%

15 Duplex 1,480 3.6998%

16 Bradley 1,048 2.6199%

17 Bradley 1,048 2.6199%

18 Saddle 2,297 5.7422%

19 Saddle 2,297 5.7422%

20 Bradley 1,048 2.6199%

21 Duplex 1,480 3.6998%

22 Duplex 1,480 3.6998%

23 Bradley 1,048 2.6199%

24 Duplex 1,480 3.6998%

25 Duplex 1,480 3.6998%

26 Duplex 1,480 3.6998%

27 Duplex 1,480 3.6998%

Totals 40002 100%

Exhibit"E"

CityofBozeman Storm Water RetentionFacilitiesMaintenance Plan

a) Storm water drainagefacilitieswillbe maintained by both the City of

Bozeman and theAssociation.In general,infrastructurelocatedwithintheright-of-wayor publicutilityeasement willbe maintained by the City of Bozeman, the remaininginfrastructurewillbe maintainedby theAssociation.

b) Curb inletsand junctionstructureswillhave a minimum sump depthof 9-

inches. The sumps willcollectlargedebrisrequiringremoval. Curb inletsand storm

manhole locatedwithin the drive areas are within public right-of-waysand/or public

utilityeasementsand willbe maintainedby theCityof Bozeman.

c) To the extentthatthe estheticpond areaswillcollectsedimentover time,

pipe inletand outletareasshallbe kept clearto maintainflow and adequatelydrainthe

ponds. A trashrack isto be providedon the inletof the outletpipe and shouldbe keptclearof sediment and debris. Any sump in the outletstructureshould keep sediment

from cloggingthe orificeand shallbe cleanedperiodically.Pipes connectingthe pondareasshallbe kept clearof debris.The Associationshallbe responsibleformaintainingthe landscaped pond areas,keeping the pipe inletand outletsclear of debris,and

maintaining the outletstructureas described above. Pond overflow paths in the

landscapedareasshallbe kept clearas requiredto maintaindrainageto theoutletchase.

The overflowpathsand landscapedsideof the outletchase willbe the responsibilityof

theAssociation.

d) Before finalstabilizationisreachedforalllandscapeareas,structuresand

pond areaswillneed tobe visuallyinspectedforsedimentand debriscollection.The

areasshallbe inspectedinthespringand everyfew months duringconstructionofthe

Condominium structuresas additionalconstructionrelateddebrisiscollected.Afterfinal

stabilizationof landscapeareasand once Condominium constructioniscomplete,

inspectionsmay be reduced to once inthespring.The Declarantshallbe responsiblefor

sedimentand debriscontrolduringconstruction.Afterconstructioniscomplete,the

maintenanceresponsibilitydescribedhereinshallbe theongoing responsibilityofthe

Associationas areasarelandscapedand stabilized.

Returnto:Berg,Lilly& Tollefsen,P.C.Attn:JeremyJ.leFeberIWestMain St.

Bozeman,MT 59715 g

Page:1 of 17 03/29/201709:56:30AM Fee:$119,00CharlotteMills- GallatinCounty,MT MISC

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BYLAWS

OF

WINTER PARK WEST CONDOMINIUM OWNERS ASSOCIATION

1. Purpose and Application:

These sectionsand paragraphsareand shallbe theBylaws oftheWinter Park West

Condominium Owners Association("Association").These Bylaws and theDeclarationshall,

upon beingrecordedwith theClerkand Recorder of GallatinCounty,Montana, govern and

controltheadministrationoftheWinter Park West Condominium, which islocatedon real

propertymore particularlydescribedon theattachedExhibit"A". These Bylaws supplementthe

DeclarationfortheWinter Park West Condominium, hereinafterreferredtoas "Condominiums"or "Condominium", which Declarationwas recordedintheofficeofClerk and Recorder for

GallatinCounty Montana as Document No. 2575667 ,and isincorporatedand

made a parthereofby reference.AllUnit Owners, theirheirs,successorsand assignsshallhavetherightsand responsibilitiesdescribedintheseBylaws and shallbe subjecttotheprovisionsthereof.

The acquisitionofan ownership interestina Unit intheCondominium signifiesthatthe

Owner accepts,ratifiesand agreesto comply with theseBylaws.

The Associationshallbe incorporatedunder thelaws oftheStateof Montana asa

nonprofit,mutual benefitcorporationastheWinter Park West Condominium Owners

Association,Inc.

2. Membership:

Personsowning a Unit intheWinter Park West Condominium, orowning a unitinanyrealestatetenancyrelationshiprecognizedby theStateof Montana, shallbe a member ofthe

Association.Membership beginsconcurrentlywiththeacquisitionof an ownership interestand

terminatesatthetime such ownership interestisterminated.Such terminationshallnotrelieve

any owner of liabilityforobligationsincurredwhilea member oftheAssociation;and further

Page1of17

membership intheAssociationdoes not inany way negateorimpairany owner'slegalremedies,

righttobringlegalaction,ordefensestoany and allactionsinvolvingtheAssociation,other

Unit Owners, orthemanagement which may arisefrom orbe incidentsof unitownership.

3. Obligations:

Each UnitOwner shallbe obligatedtocomply withtheBylaws, theDeclaration,and the

laws and ordinancesoftheCityof Bozeman, Montana, theCounty of Gallatin,Montana and

Stateof Montana. Such obligationsshallinclude,butnotbe limitedto,thepaying ofassessments

leviedby theAssociation.Failureof any owner to abideby theseBylaws, and allrulesmade

pursuantthereto,theDeclaration,and thelaws and ordinancesoftheCityofBozeman, Montana,

County of Gallatin,Montana, and StateofMontana, shallbe grounds forappropriatelegalaction

by theAssociationorby an aggrievedUnitOwner againstsuch non-complying owner.

4. AssociationMeetings and Voting:

A. Annual Meetings:

There shallbe an annualmeeting oftheUnit Owners oftheAssociationduringeach

calendaryear,commencing intheyeartheAssociationregime isestablished,and shallbe

heldon the2nd Wednesday inFebruaryof each year,or asnearaspossibletothisdate,on such date,time and placeas shallbe setforthinthenoticeofthemeeting,setby the

Board ofDirectorsby noticeashereinprovidedinParagraphD. The firstmeetingofthe

Associationshalltakeplacenotmore thanthree(3)yearsfollowingthedateofrecordingtheDeclarationand theseBylaws, ifnot soonerheld.Untilthefirstmeeting ofthe

Associationtakesplace,theinitialBoard of Directorsshallhave alltherights,powersand dutiesoftheAssociation,as setforthintheDeclarationand Bylaws. Any first

mortgagee on a Unit shallhave therighttohave a representativeattendany annual

meeting.Upon writtenrequest,deliveredtotheAssociation,a firstmortgagee ofa Unit

shallbe given noticeoftheannualmeetingsas providedinParagraphD below.Onlymatterssetforthinthenoticeshallbe votedupon attheannualmeeting which matters

may be setforthingeneralterms.

B. SpecialMeeting:

PursuanttotheseBylaws, theAssociationmay atany time hold specialmeetings.Such

specialmeetingsmay be calledon theinitiativeof theChairpersonoftheBoard of

Directorsor by two-thirdspercent(2/3%) ormore oftheBoard of Directorsofthe

Associationor by a petitionsignedby sixtypercent(60%) oftheUnit Owners inthe

generalcommon areas.

C. Matters to be Raised at SpecialMeeting:

Only matterssetforthinthenoticefora specialmeeting may be votedon atsuch special

meeting.

Page2 of17

D. Notices:

Noticeof allmeetings,annualor special,shallbe mailed or personallydeliveredby the

AssociationtoeveryUnit Owner of recordathisorher lastknown addresson record

withtheSecretaryoftheAssociationatleastten(10)days but notmore thanfifty(50)

days priortothetime forholdingsuch meeting and shallincludethematterstobe voted

upon. Such noticesshallspecifythedate,time,placeand purpose ofthemeeting.The

purposeofa meeting and matterstobe voted on may be statedingeneralterms.A Unit

Owner may authorizeanotherpersonortheBoard of DirectorstovotefortheUnit

Owner by signingand deliveringa writtenproxy totheSecretaryoftheAssociation.The

dateofmailingofa noticeinthemanner providedinthisParagraphorthedateof

personaldeliveryof such noticeby theAssociationshallbe consideredas notice

delivered.Each owner isresponsibleforkeepingtheSecretaryoftheAssociationadvised

ofhisorhercurrentaddress.

E. Ouorum:

No Unit Owners meeting,annualor special,shallbe convened toconductAssociation

businessunlesstherequiredNotice isgivenorwaived and a quorum ispresent,inpersonorby proxy.A quorum shallconsistoftheUnit Owners, includingtheDevelopers'built

and unbuiltunits,presentinpersonorby proxy representingatleastfifty-onepercent

(51%) oftheUnit Owners. At any time,duringany meeting thata quorum isnotpresent,such meeting shallbe adjournedtoanotherdate,time and place,not lessthanfourteen

(14)days nor more thanthirty(30)days from thedatetheoriginalmeeting was called,at

which subsequentmeeting thequorum shallbe atleastthirty-threeand one-thirdpercent

(33.33%) oftheUnitOwners. Ifa matterissubmittedtoa voteby writtenballotthe

ballotsreturnedtotheAssociationshallbe countedtowards a quorum forthematter

votedupon.

F. Proxies.

Every UnitOwner entitledtovoteor executeconsentsshallhave therighttodo so either

inpersonor by an agentor agentsauthorizedby a writtenproxy executedby such Unit

Owner orhis,heror itsduly authorizedagentand filedwith theSecretaryofthe

Association;provided,thatno such proxy shallbe validaftertheexpirationofeleven

(11)months from thedateof itsexecution.The transferof titletoany Unit shallvoidany

outstandingproxy pertainingtothevotingrightsofthemembership interestappurtenanttothatUnit.Any such form of proxy orwrittenballotshallaffordtheopportunityto

specifya choicebetween approvaland disapprovalof each matteror group ofmattersto

be actedupon,exceptthata candidateforelectiontotheBoard need notbe named ina

proxy orwrittenballot.The proxy or writtenballotshallprovidethat,where theMember

specifiesa choice,thevoteshallbe castinaccordancewith thatchoice.The proxy shall

alsoidentifythepersonor personsauthorizedtoexercisethepmxy and thelengthoftime

itwillbe valid.

Page3 of17

G. Presumption of Notice.

A recitationintheminutes ofany Associationmeeting thatnoticeof such meeting had

been properlygivenshallbe prima facieevidencethatsuch noticewas so given.

H. Consent ofAbsentees/ Waiver of Notice.

The transactionsof any meeting ofAssociationmembers, eitherannualor special,however calledand noticed,shallbe asvalidasthough had ata meeting dulyheldafter

regularcalland notice,ifa quorum be presenteitherinpersonorby proxy and if,either

beforeorafterthemeeting,each ofthe Directorsand/orOwners entitledtovote,not

presentinpersonor by proxy,signsa writtenwaiver of notice,ora consenttotheholdingof such meeting oran approvaloftheminutesthereof.All such waivers,consentsor

approvalsshallbe filedwith thecorporaterecordsormade a partoftheminutesofthe

meeting.

I. Action Without Meeting.

Any action,which under theprovisionsofMontana laws may be takenata meeting of

theAssociation,may be takenwithouta meeting ifdone incompliancewiththe

provisionsofMontana laws.

J. Written Ballot.

Any matterthatmay be voted upon by theUnit Owners may be submittedtotheUnit

Owners by writtenballot.A voteby writtenballotmust be authorizedby a majorityof

theBoard ofDirectors.

A writtenballotmust:

a) setfortheach proposed action;and

b) providean opportunitytovoteforor againsteach proposedaction.

Approval by writtenballotpursuanttothissectionisvalidwhen:

a) thenumber of votescastby ballotequalsor exceedsthequorum requiredtobe presentata meeting authorizingtheaction;and

b) thenumber ofapprovalsequalsor exceeds thenumber ofvotesthatwould

be requiredtoapprove thematterata meeting atwhich thetotalnumber of votes

castwas thesame asthenumber ofvotescastby ballot.

c) thenumber ofvotesequalorexceed thenumber of voteswhich are

requiredtoapprove a matterwithouta meeting.

Page4 of17

All solicitationsforvotesby writtenballotmust:

a) indicatethenumber ofresponsesneeded tomeet thequorum

requirements;

b) statethepercentageofapprovalsnecessarytoapprove each matter,other

thanelectionofdirectors;and

c) specifythetime by which a ballotmust be receivedby theAssociationin

ordertobe counted.

A writtenballotmay notbe revoked afteritiscounted.

5. Voting Interest:

The totalaggregatevotinginterestoftheAssociationshallbe one hundred percent

(100%). Unit Owners shallhave one (1)voteperUnit. Except as may be otherwiseprovidedin

theDeclarationortheseBylaws, votingupon mattersaffectingcommon elementsand

assessmentsforcommon expenses shallonlybe by Unit Owners having an interestinsuch

common elements.Whenever a quorum ispresentata meeting oftheAssociationa majorityof

thosepresentmay do any and allactstheyareempowered todo,unlessspecificprovisionsof

theseBylaws, theDeclarationorthelaws oftheStateofMontana directotherwise.

6. Board ofDirectors:

A. The businessand affairsoftheCondominiums shallbe governedby a Board of

Directorselectedfrom among theUnit Owners providedhowever untiltheDeclarant,Islands,

LLC, transferstitletoninetypercent(90%) oftheUnits,(builtor unbuilt)tothirdparty

purchasers,theDeclarantand itssuccessorsand assignsshallhave theright,butnotthe

obligationtoappointand replacetwo-thirds(2/3's)oftheBoard ofDirectors.The Declarantmay

assignitsrighttoitssuccessorininterest.The Declarantmay appointUnitOwners, or its

employees,officers,partners,or agentstotheBoard ofDirectors,pursuanttothissection.The

number oftheBoard ofDirectorsshallbe setby theUnit Owners ateach annualmeeting and

shallnotbe lessthanthree(3)ormore thanseven (7).The Unit Owners shallnominate and elect

thedirectors,subjecttoDeclarant'srighttoappointtwo-thirds(2/3's)oftheDirectors.Such

Board shallhave allofthepowers and responsibilitiesattendanttothegeneraladministrationand

controloftheCondominium. Additionally,theBoard shallhave theauthoritynecessarytocarryintoeffectthepowers and dutiesspecifiedby theseBylaws and intheDeclarationforthe

Condominiums. The manner ofelectionoftheBoard ofDirectorsshallbe as follows:

Firstthenumber of personson theBoard of Directorsshallbe setby a

majorityvoteoftheUnit Owners present,inperson orby proxy,ata dulynoticed

meetingatwhich a quorum ispresent.Next thecategoriesof residentand

nonresidentCondominium owners shallbe established.Nominations for

vacancieson theBoard willbe acceptedfrom any oftheUnitOwners presentat

themeeting oftheAssociation,provideda nominee fora Board member must be

Page5 of17

a UnitOwner or a personwho has an ownership interestor isa partner,employee,or authorizedagentinan entityowning a unit.Voting willbe non-cumulativewitheach Associationmember having one (1)voteperunit.The personsnominated forthevacantDirectorpositionsshallbe voted upon by categorybytheUnit Owners presentatthemeeting inperson,by proxy,or by writtenballot,each castingtheirvoteforone (1)nominee foreach vacantposition.The

nominees receivingthemost votesineach categoryshallbe theelectedDirectors.

Except ashereinprovided,Board members shallbe electedfora three(3)yearterm.Board members shallservefortheterm electedforor untiltheirsuccessors

areelected.The terms of theDirectorsshallbe staggeredso thatapproximatelyone (1)ofthe Directors'terms shallterminateeach yearafterthethirdannual

meeting.The initialBoard shallconsistofthree(3)personsappointedby the

Declarant,which Board shallservethree(3)yearsuntilthe2n"meetingofthe

Association.At the2nd,3rd,4 and each succeedingannualmeeting atleastone

(1)new member shallbe electedtotheBoard fora two (2)yearterm tomaintain

thestaggeredterms.

B. Any actionrequiredor permittedtobe takenby theBoard may be takenwithouta

meeting ifallmembers oftheBoard, individuallyorcollectively,consentinwritingtothat

action.Such actionby writtenconsentshallhave thesame forceand effectasa unanimous vote

oftheBoard.Such writtenconsentor consentsshallbe filedwith theminutesoftheproceedingsoftheBoard.An explanationoftheactiontobe takenor actuallytakenby theBoard shallbe

giventothemembers oftheAssociationwithinten(10)businessdays afterallwrittenconsents

have been obtained.Said explanationshallbe given inthesame manner asprovidedinSectionD

ofthisParagraph4 forthegivingofnoticeofregularmeetingsoftheBoard.Failum togivesuch

noticeshallnotrendertheactiontobe takenor actuallytakeninvalid.

7. Officersof the Board of Directors:

A. The Board shallelectfrom itsmembership a Chairperson,Secretary,and

Treasurer.The Secretaryand Treasurerpositionmay be combined. The Chairpersonand

Secretarymust be Board members. The Treasurerneed notbe Board member ora UnitOwner.

The Board may alsoelectsuch otherofficersas itdeems advisableincludinga vice-chairmanand assistantsecretary.

B. Duties.The dutiesoftheofficersareas follows:

Chairperson

(i) The Chairpersonshallbe thechiefexecutiveofficerofthe Associationand

shall,subjecttothecontroloftheBoard,have generalsupervision,directionand controlofthe

businessand officersoftheAssociation.He or she shallpresideatallmeetingsof theMembers

and atallmeetingsof theBoard.He or she shallbe ex-officioa member ofallstanding

committees,includingtheexecutivecommittee,ifany,and shallhave thegeneralpowers and

dutiesof management usuallyvestedintheofficeofpresidentof a corporation,and shallhave

such otherpowers and dutiesas may be prescribedby theBoard orby theBylaws.

Page6 of17

Secretary

(ii) The Secretaryshallrecordthevotesand keep theminutes of allmeetingsand proceedingsoftheBoard and ofthemembers; keep thecorporatesealof theAssociationand

affixiton allpapersrequiringsaidseal;servenoticeof meetingsoftheBoard and ofthe

members; keep appropriatecurrentrecordsshowing themembers togetherwiththeiraddresses;and shallperform such otherdutiesasrequiredby theBoard.

Treasurer

(iii) The Treasurershallreceiveand depositinappropriatebank accountsall

monies oftheAssociationand shalldisbursesuch fundsas directedby resolutionoftheBoard;

keep properbooks ofaccount;attherequestoftheBoard or asmay otherwisebe requiredbytheseBylaws, causean annualreview oftheAssociation'sbooks tobe made by a publicaccountantatthecompletionof each fiscalyear;and shallpreparean annualbudgetand a

statementof income and expendituresas requiredby theseBylaws.

(iv) No officerofthe Associationshallreceivecompensation forhisor her

servicesperformed intheconduct ofthebusinessoftheAssociationexceptupon thevoteor

writtenconsentof a majorityoftheUnitOwners oftheAssociation.

8. Powers and Duties of the Board ofDirectors:

The Board ofDirectorsshallhave thefollowingpowers and duties:

A. To callannualmeetings,and specialmeetingsasnecessary,oftheAssociation

and givedue noticethereof.

B. To conductelectionsoftheBoard ofDirectors.

C. To enforcetheprovisionsoftheDeclarationand Bylaws oftheCondominiums by

appropriateaction.

D. To promulgateand adoptrulesand regulationsfortheconduct,behaviorand use

ofthecommon elementsand fortheoccupancy oftheunitsso astonot interfere

withthepeace and quietof alltheresidents.InthisconnectiontheBoard may

delegateand establishparkingareasor spacesfortheexclusiveuse oftheUnit

Owners and theirguestsand residents.Subsequent totheinitialrulesand

regulationsestablishedby Declarant,such rulesand regulationsmust be ratified

by seventy-fivepercent(75%) oftheof votesoftheUnitOwners, based upon one

(1)voteper unit,presentinperson orby proxy,atregularorspecialmeetings of

theAssociation,orratifiedby seventy-fivepercent(75%) ofsuch voteoftheUnit

Owners by writtenballotmailed or personallydeliveredtoeach UnitOwner at

theirlastknown addess on therecordoftheSecretaryoftheAssociation.

Page7 of17

m

E. To provideforthemanagement oftheCondominium by hiringor contractingwith

suitableand capablemanagement and personnelfortheday-to-dayoperation,maintenance,upkeep and repairofthegeneralcommon elements.To enterintoa

Management Agreement with a managing agent.

F. To levyassessmentsas allowed by theDeclaration,theseBylaws and theStateof

Montana, and toprovideforthecollection,expenditureand accountingof said

assessments.Thisduty isspecificallysubjecttotheprovisionsofArticleVII (5)oftheDeclarationwith regardtoassessmentstobe paidby theDeveloper.

G. To pay fortheexpensesor managing agentfees,forthemaintenance,repairand

upkeep ofthecommon elementsand toapprove payment vouchers,eitherat

regularor specialmeetings.To providefora reserveas shallbe reasonablefor

repairand replacementofthecommon elementsand foremergencies.

H. To delegateauthoritytotheofficers,themanager, ormanaging agent,forthe

conductof certainof theCondominiums businessand tocarryoutthedutiesand

powers oftheBoard.However, such authorityshallbe preciselydefmed with

ultimateresponsibilityatalltimesresidingintheBoard of Directors.

I. To providea means of hearinggrievancesand foreclosureproceedingsof Unit

Owners and respondingappropriatelythereto.

J. To meet atregularlyscheduledtimesand hold such meetingsopen toallUnit

Owners ortheiragents,subjecttotherighttotakeactionwithouta meeting,as

providedinParagraph6 (B) oftheseBylaws.

K. To prepareorhave preparedan annualbudget fortheCondominiums inorderto

determineand allocatetheamount oftheassessmentspayableby theUnit

Owners, tomeet theadministrativeexpensesand feesand thecommon expensesand reservesand allocateand assesssuch chargesamong theUnitOwners

accordingtotheirrespectiveinterestsinthecommon elements,and tosubmit

such budget totheUnit Owners on or beforethedateoftheannualmeeting.

L. To levyand collectspecialassessmentswhenever, intheopinionoftheBoard,it

isnecessarytodo so inordertomeet increasedadministrative,operatingor

maintenanceexpenses,costsor additionalcapitalexpenses,orbecauseof

emergencies.

M. To takeappropriatelegalactiontocollectany delinquentassessments,paymentsoramounts due from Unit Owners or from any personor personsowing money to

theCondominium, and tolevya penaltyand tochargeintereston unpaid amounts

due and owing and totakeappropriatelegalactiontoenforce,protectand

preservetheAssociation'slegalrightsand theCondominium propertyand

interests.

Page8 of17

N. To defend inthename oftheAssociationany and alllawsuitswherein the

AssociationoralltheUnit Owners arepartydefendants.

O. To enterintocontractswith or engage thirdpartiestocarryoutthedutiesherein

setforth,forand on behalfoftheBoard and theAssociation,includingthe

authoritytohire,or authorizethemanaging agentor manager tohire,accountants

tokeep thebooks and records.

P. To establisha bank accountfortheAssociationand tokeep thereinallofthe

fundsoftheAssociation.Withdrawal ofmonies from such accountsshallonlybe

by checks signedby such personsor agentsas areauthorizedby theBoard of

Directors.

Q. Ingeneral,toactforand carryon theadministrationand affairsoftheAssociation

asauthorizedand prescribedby theDeclarationand todo allthosethingswhich

arenecessaryand reasonableinordertocarryoutthegovernance and operationof

theCondominium.

R. To make orprovideforrepairs,alterationsand improvements tothecommon

elementsconsistentwith properlymanaging theCondominium and inthebest

interestoftheUnit Owners, and allmortgagees.

S. To arrange,keep,maintainand renew theinsurancefortheAssociationas set

forthintheDeclaration,and toarrange,keep,maintainand renew Errorsand

Omissions InsurancefortheDirectorsand/orofficers.

T. To carryoutthedutiesand responsibilitiesoftheBoard inallothermattersas

may be authorized,needed or requiredby theDeclaration.

U. To enterintoagreementswith utilitycompanies and serviceprovidersasmay be

reasonableand necessarytoprovideutilitiesand servicestotheUnitOwners'

Association.

V. To furnish,ortocause an appropriateofficertofurnish,upon demand by any

person,a certificatesignedby an officeroftheAssociationsettingforthwhether

theassessmentson a specifiedUnit have been paid.A properlyexecuted

certificateoftheAssociationastothestatusofassessmentson a Unitisbinding

upon theAssociationas ofthedateof itsissuance.

W. To restoreorreplaceany or allof thebuildings,structuresor improvements inor

on any common areaatany time and from time totime astheBoard maydeterminedesirableornecessary,and tomake capitalexpendituresforand on

behalfoftheAssociation.

9. Books and Records.

Page9 of17

The books,minutesofmeetings oftheAssociationand oftheBoard and committees,

records,membership register(includingmailingaddressesand telephonenumbers),and papersoftheAssociationshallatalltimes,duringreasonablebusinesshours,be subjecttoinspectionby

any Unit Owner orhisor herduly appointedrepresentative,and by theholderofany first

mortgage encumbering a Unit.The Declaration,theArticlesof Incorporationand theBylaws of

theAssociationshallbe availableforinspectionby any Unit Owner attheprincipalofficeofthe

Association,where copiesmay be purchasedata reasonablecost.The Board shallestablish

reasonableruleswith respectto:

A. Noticetobe giventothecustodianoftherecordsby theUnit Owner desiringto

make theinspection;

B. Hours and days oftheweek when such an inspectionmay be made; and

C. Payment ofthecostsof reproducingcopiesof documents requestedby a Unit

Owner.

Every DirectoroftheAssociationshallhave theabsoluterightatany reasonable

time to inspectallbooks,recordsand documents oftheAssociation.The rightof inspectionby a

Directorshallincludetheright,athisor herexpense,tomake extractsand copiesofdocuments.

10. Indemnificationof Directorsand Officers:

The Associationshallindemnify and hold harmlesstheDirectorsand Officersfrom all

claims,judgments,costs,expenses and attorney'sfeesarisingas a resultof theactsoromissions

oftheDirectorsorOncers inperformance of theirdutiesand responsibilitiessetforthinthe

Declarationand Bylaws or asa resultof any legalproceedingagainsttheAssociationand/orthe

Directorsand Officers.This indemnificationand holdharmlessprovisionshallnotbe applicableforactsoromissionsoftheDirectorsor Officersarisingfrom grossnegligence,criminalconduct

or intentionalviolationsoftheirfiduciarydutiesand responsibilitiescausingmonetary losstothe

Association.The Board of Directorsand Officersmay acquireerrorsand omissioninsurancefor

theiractsand omissionsand theAssociationshallpay thepremiums thereforeand assessthe

Unit Owners forthecostthereof.This indemnityclauseshallnot relievetheinsurancecompanyforclaimsarisingoutof insuredactsand/oromissionsoftheDirectorsand Officers.

11. Vacancies and Removal:

Should a vacancy occur on theBoard of Directors,theBoard, subjecttotheexceptiondescribedbelow, shallappointa member oftheAssociationtoservefortheunexpiredterm.

Such vacancy shallbe filledno laterthanthenextBoard meeting afterwhich itoccurs.Should

such vacancy notbe filledby theBoard, atthenextregularmeeting oftheAssociation,the

Associationmay fillsuch vacancy.

At any annualor specialmeeting of theAssociation,or by writtenballotorby a

combinationthereof,any member oftheBoard may be removed priortotheend ofhisorher

otherterm by sixtypercent(60%) of thetotalvotesoftheUnit Owners. Such vacancy shallbe

Page10of17

filledby a voteofthe Unit Owners atsuch meeting.Ifthevacancy isnot filledby theUnit

Owners theBoard shallappointa member tofillthevacancy.Such removal mattermust be

announced inthenoticeofan annualor specialmeeting or inthewrittenballot.

Notwithstandinganythinghereintothecontrary,theDeclarantreservesitsrightto

appointtwo-thirds(2/3)oftheDirectorsas longas itowns any unbuiltunitsor seventy-five

percent(75%) ormore oftheunits.

12. Compensation:

No member oftheBoard of Directorsshallreceiveany compensation foractingas such.

Nothing herein,however, shallbe construedtoprecludecompensation beingpaidtoDirectors,

Managers ormanaging agentswho arehiredorengaged by theBoard ofDirectorstodo

Associationwork orprovideservices.A member oftheBoard ofDirectorsmay be a Manager or

managing agent.A member oftheBoard ofDirectorsmay be reimbursedhisorheractual

expenses iftheexpense isauthorizedby a majorityoftheBoard ofDirectors.The Board of

Directorsmay pay compensation toitsSecretary/Treasurerforrecordkeepingand bookkeeping.

13. Manager and Managine Agent:

The Board ofDirectorsmay engage a managing agentas setforthintheDeclaration.The

Board may alsoengage a Manager forserviceor supervisionnotprovidedby themanaging

agent.The Board may delegatesuch dutiestotheManager as itdeterminesappropriate.The

Board shalldeterminetheterms,conditionsand compensation oftheManager. Ifrequiredby the

Board,theManager shallbe bonded. IftheBoard does not engage a Manager, theBoard shallact

asmanager. The Board may have theManager maintainrecordsofthefinancialaffairsofthe

Condominiums. Such recordsshalldetailallassessmentsmade by theAssociationand thestatus

ofpayments ofsaidassessmentsby allUnitOwners. All functionsand dutieshereinprovidedfor

theManager may be performed by theBoard ortheChairperson,or otherBoard member, ifthe

Board shoulddecidenottohave a separatemanager.

A. Accounts:

The receiptsand expendituresoftheAssociationshallbe under thecontroland

directionoftheBoard of Directorsand shallbe classifiedasappropriateand mayincludea provisionfor:

(1) Current Expenses:

Shallincludeallreceiptsand expenditurestobe made withintheyearforwhich

thebudget ismade, includinga reasonableallowanceforcontingenciesand

working funds,exceptexpenditureschargeabletoreserveortobetterments.Anybalanceinthisfund attheend oftheyearshallbe appliedtoreducethe

assessmentsforcurrentexpensesforthesucceedingyear,

(2) Reserve forMaintenance Repair or Replacement:

Page11of17

Shallincludefundsformaintenancerepairorreplacementofcommon elements

requiredbecause of damage, depreciationor obsolescence,

(3) Betterments:

Which shallincludethefundstobe used forcapitalexpendituresforadditional

improvements or additionalpersonalpropertywhich shallbe a partofthe

common elements.

B. B_udgg:

Each calendaryeartheBoard shallprepareand submit totheUnit Owners a

budget,which must be approved and adopted by a majorityoftheBoard.The

budget shallincludethepastfiscalyearreceiptsand expenditures,theexpected

receiptsand expendituresforthecoming fiscalyear,includingestimatedfunds

requiredtodefraythegeneralcommon and limitedcommon expensesreserveand

betterments,and toprovideand maintainfundsfortheoperationofthe

Associationand enforcementoftheDeclarationand Bylaws, accordingtogood

accountingpractices.The Board may prepareseparatebudgetsforthelimited

common expenses fortheexpensesassociatedwith common elementsapplicable

onlytothe separateCondominiums.

A copy oftheproposed budget shallbe transmittedtoeach UnitOwner thirty(30)

days beforetheannualor specialmeeting oftheAssociationforwhich thebudgetismade. The budget shallbe receivedby themembership and adoptedby a

majorityofthevotesof theUnitOwner presentor representedby proxy or voting

by writtenballot.The budgetmay be amended by a majorityofthevotespresentata meeting orrepresentedby proxy.Ifthebudget isamended, a copy ofthe

amended budget shallbe furnishedtoeach Unit Owner and approvedby a

majorityoftheUnitOwners votingthereoneitherata meeting orby written

ballot.A budget must be adoptedby theUnit Owners attheannualmeeting orat

such othermeeting asmay be calledforthispurpose.

C. FinancialReport:

Afinancialreportofthereceiptsand disbursementsand balanceof accountsof

theAssociationshallbe made annuallyby theBoard ofDirectorsand a copy of

thereportshallbe furnishedtoeach Unit Owner beforeor attheannualmeeting.

D. Board as Manager:

IftheBoard chooses nottoappointa Manager, alloftheabove functionsmay be

performed by one oftheBoard members towhom thejob isdelegatedby a

majorityoftheBoard of Directors.

Page12of17

E. Manarer's Authority:

The Manager shallgenerallyoperateand manage theCondominium forand on

behalfoftheUnitOwners and shallhave such otherpowers and authorityasthe

Board may delegate.

14. Amendment of Bylaws:

Except as otherwiseprovidedintheDeclarationand herein,theseBylaws may be

amended atany regularor specialmeeting of theAssociationprovidingthata copy ofthe

proposedrevisionisfirstapproved by a majorityof theDirectorsand includedinthenoticeof

such meeting.Upon a voteof sixty-sixand two-thirdspercent(66 and 2/3%) ofthevotesofthe

UnitOwners presentinpersonor by proxy ata duly noticedmeeting,theamendment shallbe

declaredadopted.The Bylaws may alsobe amended by sixty-sixand two-thirdspercent(66 and

2/3%) favorablevoteof alltheUnit Owners votingon theamendment by writtenballotmailed or

personallydeliveredtotheUnit Owners and returnedtotheAssociation.The Secretaryshall,as

soon aspracticableafteradoptionofan amendment, preparea copy oftheBylaws, asamended,forcertificationby theChairpersonand SecretaryoftheAssociation.Such amended Bylawsshallthenbe certifiedby theChairpersonor Vice Chairpersonofthe Board orby theSecretaryasduly adoptedinaccordancewith theBylaws and shallbe recordedintheofficeoftheClerk

and Recorder ofGallatinCounty, Montana. Bylaws, as amended, shallbecome effectiveatthe

time ofsuch recording.Within sixty(60)days afterrecordingof an amendment a copy ofthe

recordedamendment shallbe furnishedtoeach Unit Owner.

NotwithstandingtheprovisionsofthisParagraph,theDeclarant'swrittenapprovalof anyamendment must be obtainedbeforetheamendment iseffectiveuntiltheDeclaranthas

transferredtitletoseventy-fivepercent(75%) oftheunits(builtor unbuilt).

15. Assessments:

Each Unit Owner shallbe assessedforgeneralcommon expensesand foradministrative

expensesand feesand otherexpensesand feessetforthintheadoptedbudgetinaccordancewith

each UnitOwner's percentageof interestinthegeneralcommon elements,which shallbe

allocated,set,levied,collectedand paidaccordingtotheterms and undertheproceduresmore

particularlysetforthintheDeclaration.The allocationand amount ofassessmentsdescribed

above and any otherassessmentsallowedby theseBylaws, theDeclarationand by theStateof

Montana shallbe setand fixedby theBoard of Directorsprovided,however,thetotalamount of

assessmentsshallnot exceed thetotalbudgetapproved by theUnitOwners, exceptas setforthin

theDeclarationor theseBylaws, unlessan amended budget isapproved by theaffectedUnit

Owners.

Assessments may be collectedmonthly,quarterlyorannuallyastheDirectorsdeem tobe

inthebestinterestoftheAssociation.

Page13of17

Notice of each Owner's assessments,showing theUnit Owner's regularand/orspecialassessmentsshallbe mailedtosaidowner athisorheraddressofrecordand shallbe due and

payableinfullwithinthirty(30)days aftermailing.On the31' day followingthedue date,assessmentsshallbe considend delinquent.Inthei:ventthatan Owner remainsdelinquentfora

periodofmore thanten(1 0)days,theAssociationshallbe empowered toplacealienon the

Property,which shallbe superiortoallotherliensotherthantheliensand taxliensand thelien

ofthefirstmortgage holder.Such lienshallbe inwritingand shallsetforththeunpaid

assessment,theamount of theaccruedinterestand latechargesthereon,thename oftheOwner

oftheunit,a descriptionoftheunit,and any otherinformationdeemed necessaryby theBoard.

The noticeshallbe ina form suitableforrecordingintheofficeoftheClerkand Recorder of

GallatinCounty, Montana.

Any lienimposed inaccordancewith thisarticleshallattachfrom thedateofrecording,and thelienmay be enforcedby theforeclosureofthedefaultingmembership interestinthe

subjectunitor units,ina likemanner as a mortgage on realproperty.Intheeventthatany such

Court actionisfiled,theAssociationshallbe allowedtorecoverfrom theUnit Owner thecourt

costs,expenses,an attorney'sfeesincurredinfilingthelienand/orinmaintainingtheCourt

action.

16. Notices-Damages:

The Associationshallnotifyallfirstmortgagees inwritingof any casualtylosstothe

Common Elements ifsuch lossortakingexceedsthesum of $5,000.00.

17. Due Process by Association:

Intheeventan actionistakenby theAssociationagainstany individualUnitOwner to

enfome an assessment,any partoftheBylaws or Declaration,orany ruleoragulationproperly

adoptedby theAssociation,saidUnit Owner shallbe affordedtheprotectionof due processwhich includes,but isnot limitedto,thefollowing:

A. Adequate noticeinwritingof any defaultwith a reasonabletimetocurethe

default.

B. IftheUnit Owner conteststheallegationsof default,such UnitOwner shallhave

thefollowingoptions:

(1) An opportunitytodefend himselfor herselfagainstany allegationsof

defaultbeforetheBoard ofDirectors.

(2) An opportunitytopresentwitnessesand cross-examineopposingwitnesses.

(3) An opportunitytoreceivea formalhearingbeforean impartialhearingofficerormediator.

(4) To findingsof factby thehearingofficeror mediatorinaccordancewith

theevidencepresented.

Page14of17

C. To a penaltyproportionatetotheoffense,such assuspensionof votingrights,

suspensionoftherighttouse common elementswhich areamenities,suspensionofthe righttobe electedas a Directororofficerortocontinueasa Directoror

officer,or a masonable fineor latefeeimposed by theBoard ofDirectors,or in

theeventof an actionforunpaid assessments,thecostsof collection,interestand

reasonableattorney'sfees.Noticeof such actionshallbe senttotheOwner, in

writing,by theBoard of Directorssettingforththenatureoftheviolationor

noncompliance and providingfora time certainwhen theOwner may appearbefom theBoard torespond.

18. The Declaration:

The Declaranthas filedalongwith theseBylaws a Declarationwhereby thepropertyknown astheWinter Park West Condominium was submittedunder theUnit Ownership Act,Montana Code Annotated,Title70,Chapter23.The Declarationand any amendments thereto

and theseBylaws shallgovern theacts,powers,dutiesand responsibilitiesoftheUnitOwners'

and Association;and intheeventtheseBylaws and thesaidDeclarationareinconflict,the

Declarationshallprevailiftheconflictisirreconcilable.

Each UnitOwner isadvisedthatuntiltheDeclaranthas soldortransferredninetypercent

(90%) oftheunitstothirdparties,or so longas itowns an unsoldorunbuiltunit,theDeclarant

may have controloftheAssociationthrough itsrighthereintoappointtwo-thirds(2/3's)ofthe

Board ofDirectors.

The definitionsofterms setforthintheDeclarationshallbe applicablethroughoutthese

Bylaws and theinterpretationthereof.

By virtueoftheseBylaws and theDeclaration,each UnitOwner has therightto

membership intheAssociationofUnit Owners and may be electedtotheBoard ofDirectorsof

theCondominiums.

[SignaturePage toFollow]

Page15of17

IN WITNESS WHEREOF, theundersignedbeingtheDeclarantand,herebyappointsthe

followingpersonstoserveon theBoard of Directorsand toserveasofficersuntilthefirstannual

meeting oftheAssociation,to-wit:

Name Office Address

1. W. Mark Easton, Chairperson, PostOfficeBox 11078

Bozeman, MT 59719

2. TrishaEaston, Secretary, PostOfficeBox 11078

Bozeman, MT 59719

3. Tom Huber, Treasurer, PostOfficeBox 11078

Bozeman, MT 59719

The undersigned,Declarantand Owner ofalltheUnits,hereby declaresand affirmsthe

adoptionoftheforegoingBylaws on theA day of ,2017.

DECLARANT: ISLANDS, LLC

By:Mark Easton

Its:AuthorizedAgentSTATE OF MONTANA )

:ss

County ofGallatin )

On the day ofFebruary 2017, beforeme, personallyappeared W. Mark Easton,known tome tobe theAuthorizedAgent forIslands,LLC, and acknowledged tome thathe

executedthisdocument of,forand on behalfof Islands,LLC.

No a PuUlic ortheStatefontanaPrintedName:

APRIL HUBER Residingat:

OTA4; forthe tt ntang My COM lonExpires:-+- - Residingat:.SEAL sozeman, Montana

My CommissionExpires:September01,2020

Page16of17

Exhibit"A"

Legal Descriptionof the Real Property InitiallyIncluded intheCondominium

Lot 5 of the Amended Platof Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 ofWest

Winds Major SubdivisionPhase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 ofWest Winds

Major SubdivisionPhase 5,locatedin the Northwest one-quarter of Section2,Township 2

South, Range 5 East,PrincipalMeridian Montana, City of Bozeman, GallatinCounty,

Montana, allaccording tothe officialplatthereofon fileand of record inthe officeof the

Clerk and Recorder forGallatinCounty, Montana [PlatReference: J-493A]

Page17of17

RETURNDOCUMENT TO:AmericanLandTitle

Compdny

Jeremy leFeber

Berg,Ully& Tollefsen,P.C.1 West MainSt.

Bozeman, MT 59715

2579384Page:1 of 8 05/101201709;B6:37AM Fee $56.00CharlotteMills- GallatinCounty,MT MISC

lillllllllllllilllllllllllIllllllllifillllllllllillllllllfillllllllilllllllllllilll|

FIRST AMENDMENT AND FIRST SUPPLEMENT TO

DECLARATION FOR WINTER PARK WEST CONDOMINIUM

RECITALS

A. Declarant previously fileda Declaration for the Winter Park West Condominium

in the officeof the GallatinCounty Clerk and Recorder as Document No. 2575667 (the

"Declaration").

B. Declarant now desires to amend and supplement the Declarationas follows:

(i) Provide forPhase 1 and Phase 2 constructionof the Units;

(ii) Provide additionalmortgagee noticeprovisions;

(iii) Update the siteplan to show the finallayout,orientationand type of Units

inboth Phase 1 and Phase 2;

(iv) Update each Unit'spercentage of general common elements based on the

actual Units constructed in Phase 1;and

(v) Provide as-builtcertificationsforallUnits inPhase 1,being Units 1-12, 14-

17 and 20-23, 26 and 27.

NOW, THEREFORE, the Declaration ishereby amended and supplemented by revisingand supplementing the followingprovisions:

1. Article III,paragraph 1) of the Declaration shall be amended to read as

follows:

1) Description: The Property which is by this Declaration submitted and

subject to the Montana Unit Ownership Act isdescribed as follows:

Page 1 of5

See ExhibitA attached hereto and incorporated here by thisreference

This Condominium shall be builtin two (2) Phases. Phase one (1) of the

Condominium shallconsist of the twenty-four (24) attached and detached Units,beingUnits 1-12, 14-17 and 20-23, 26 and 27 as depicted on the attached ExhibitC-1. Phase

two (2) of the Condominium shall consist of three (3) attached and detached Units,

being Units 13, 18, 19, 24 and 25 as depicted on the attached Exhibit C-1. The

provisions of this Declaration and the Bylaws shall be construed to be covenants

running with the land and shallinclude every Unit and shallbe binding upon the Unit

Owners, their heirs, personal representatives and assigns for as long as this

Declaration and Bylaws are ineffect.

2. Article III,paragraph 4) of the Declaration shall be amended to read asfollows:

4) Buildings.The Units comprising Phase one (1) of the Condominium are

contained ineighteen (18) detached and attached buildings.The Property on which the

Units are located isa Common Element of the Project.

3. Article XIV, paragraphs (1) and (2) of the Declaration shall be amended to

read as follows:

1) Association Insurance. The Association shall maintain casualty and

liabilityinsurance on the Common Elements. The Association shall not maintain

insurance coverage on individualUnits. A Unit Owner shall be solely responsible for

insuringtheirindividualUnit,includinqboth interiorand exteriorcomponents (as defined

inArticleIII,paragraph (5)).AIIinsurance policiestaken out by the Association shallbe

underwritten by an insurance company authorized to do business in Montana. The

Association shallprovide writtennoticeto any firstlienholder,mortgagee or guarantor of

any Unit loan of a lapse, cancellation,or material modificationof any insurance policymaintained by the Association.

a) Named Insureds: The named insured for a policyacquired by the

Association which insures the Common Elements, shall be the Association as

agent for the Unit Owners without naming them. The named insured for the

policyinsuringeach Unitshallbe the Unit Owner and lienholdersas appropriate.The insurance policyfor each Unit,includingcoverage for liabilityand the Unit

Owner's personal property,willbe the sole expense of the Unit Owner.

Page 2 of5

b) Copies to Mortgagees and Owners: The Association thereon shall

furnish one copy of the insurance policyfor the Common Elements and of all

endorsements to each Unit Owner, mortgagee and firstlienholderon request.

2) Coverage.

a) Casualty: AIICommon Elements and Personal Property withinthe

Common Elements shall be insured by the Association in an amount equal to

the fullinsurable replacement value. AII such insurance for the Common

Elements isto be based on current replacement value, as determined annually

by the Board, the Association's insurer and any firstlienholder of the

Association,or theirrepresentatives.Such insurance policiesmay be subject to

such deductible clauses as are required in order to obtain coverage at

reasonable costs. Coverages for the Common Elements shall be increased bythe Board as may be necessary to provide that the insurance proceeds willbe

sufficientto cover replacement, repairs or reconstruction of the Common

Elements. IndividualUnits shall be insured by the Unit Owner in an amount

equal to the fullinsurable replacement value as determined, with respect to each

Unit,annually by the Units' respective insurers,lienholders and Owner. Such

insurance policiesmay be subject to such deductible clauses as are required in

order to obtain coverage at reasonable costs. Coverages for the Units may be

increased by the individualUnit Owners as may be necessary to provide thatthe

insurance proceeds will be sufficient to cover replacement, repairs or

reconstruction.The foregoing described insurance coverages for both the

Units and the Common Elements shallaffordprotectionagainst:

i) Loss or damage by fireand other hazards covered by a

standard extended coverage endorsement; and

ii) Specifically,such other risksincludingflood and earthquakeloss as from time to time shall customarily be covered with respect to

buildingssimilarinconstruction,locationand use as the Units.

b) Public Liability:In such amounts and with such coverage as shall

be required by the Board of Directors of the Association, including,but not

limitedto,hired automobile and non-Owner automobile coverage, ifapplicable,and with cross-liabilityendorsement to cover liabilitiesof the Unit Owners as a

group to a UnitOwner.

c) Errors or Omissions Insurance for the Directors, Officers and

Managers, ifthe Association so desires, in amounts to be determined by the

Board.

Page 3 of5

d) Other Insurance: Such other insurance forthe Common Elements

as the Board of Directorsof the Association shalldetermine from time to time to

be desirableand as may be required by the Federal and State laws.

4. Article XXIX, paragraph (4),of the Declaration shall be amended to read as

follows:

4) Notice to Lienholder. Upon request a firstlienholder will be entitledto

written notificationfrom the Association of any default in the performance by an

individualUnit Owner of any obligationunder the Governing Documents that is not

cured withinsixty (60) days. In addition,The Association shallprovide writtennoticeto

any firstlienholder,mortgagee or guarantor of any Unit loan of any proposed action that

requiresthe consent of a specifiedpercentage of mortgagees.

5. Exhibit "C" to the Declaration is hereby superseded and replaced by the

Attached Exhibit "C-1." All references to Exhibit "C" in the Declaration shall be

revised to be Exhibit "C-1."

6. Exhibit "D" to the Declaration is hereby superseded and replaced by the

Attached Exhibit "D-1." AII references to Exhibit "D" in the Declaration shall be

revised to be Exhibit "D-1."

7. Attached hereto is the Certificate of Matthew Cotterman, a Registered

Professional Engineer dated ha 44' 2..0 I7 , containing the "As-

Built" certificationsfor all Units in Phase 1, being Units 1-12, 14-17 and 20-23,

26,27.

This First Amendment and First Supplement to the Original Declaration ("First

Amendment"), amends and supplements the Declaration and shallbe incorporated into

and made a partof thereof. Except as specificallyamended or supplemented herein,all

terms of the Declaration shallremain in fullforce and effect. In the event the terms of

thisFirstAmendment and the Declaration conflictor are inconsistent,the terms of this

FirstAmendment shallcontrol. Unless specificallydefined herein,allcapitalizedterms

shallhave the definitiongiven inthe Declaration.

Page 4 of5

IN WITNESS WHEREOF, the undersigned Declarant has caused thisFirstAmendment

to be made and executed in accordance with and under the provisions of the Unit

Ownership Act,Title70, Section 23, Montana Code Annotated, and the Declaration.

DATED: 5/5/2017.

DECLARANT: ISLANDS, LLC

Its:Authorized Agent

STATE OF MONTANA ):ss.

County of Gallatin )

On 5/5/2017, before me personally appeared id-ra. Orribut , whose

identitywas proven to me on the basis of satisfactoryevidence to be the person whose

name issubscribed to thisinstrument, and acknowledged thats-Ge..executedthe same

as an authorized agent of,and forand on behalf of,ISLANDS, LLC.

n,(PrTnt ame: cH ju box )

1 A RNotary Publicfor e State of ana

onEgg thestateorMontana Residing at-

soz Moa na My Comm pires:OF My CommissionExpires:one September01,2020

Page 5 of5

CERTIFICATE OF REGISTERED PROFESSIONAL ENGINEER

The undersigned, being a duly registered professional engineer in the

State of Montana, herewith certifiesthe following:

1. That he has reviewed the floorplans attached to the Declaration for

the Winter Park West Condominium recorded with the officeof the

Clerk and Recorder for GallatinCounty, Montana as Document No.

2575667.

2. That the floorplans attached to the Declaration for the Winter Park

West Condominium are an accurate copy of the plans filedwith and

approved by the cityand county officershaving jurisdictionto issue

building permits and depict, with reasonable accuracy, the layout,

location,unit designation, and dimensions of each of the followingunitsof Phase 1 as built:Units 1-12, 14-17 and 20-23, 26,27.

Dated:,#ON74 e

Matthew B. OS Cotterrnan

15873ES

Regis Yed Professional Engineer 50, 'cessNumber: /Fifff& PER_0

STATE OF MONTANA ):ss.

County of Gallatin )

On May 5, 2017, before me, a Notary Public for the State of Montana,

personally appeared Matt-w qu > (0+1r r-m,-, a , and acknowledged to

me the execution of the foregoing Certificate.

;phAPRI

HUbBER I -e(:sonmy 1forthestateofMontana (Printe Notary Name)0 - -

.4 Residingat:Notary Public for State of MontanaAL. , sozeman, Montana

My commissionExpires: Residing At-septemberal,2020

My Comm nExpires: ,20

1

EXHIBIT C-1

DAVIS LANE

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NEW HOLLAND DR. I 2

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WinterParkWest Condominium

ExhibitD-1

PercentageOwnership interests-Phase 1

Unit# Model TotalSq.Ft. Ownership %

1 Bradley 1,048 3.2892%

2 Bradley 1,048 3.2892%

3 Bradley 1,048 3.2892%

4 Cottonwood 1,811 5.6839%

5 Duplex 1,480 4.6450%

6 Duplex 1,480 4.6450%

7 Cottonwood 1,811 5.6839%

8 Bradley 1,048 3.2892%

9 Bradley 1,048 3.2892%

10 Bradley 1,048 3.2892%

11 Duplex 1,480 4.6450%

12 Duplex 1,480 4.6450%

13 Cottonwood 0 0.0000% To be builtinPhase 2

14 Duplex 1,480 4.6450%

15 Duplex 1,480 4.6450%

16 Bradley 1,048 3.2892%

17 Bradley 1,048 3.2892%

18 Duplex 0 0.0000% To be builtinPhase 2

19 Duplex 0 0.0000% To be builtinPhase2

20 Bradley 1,048 3.2892%

21 Duplex 1,480 4.6450%

22 Duplex 1,480 4.6450%

23 Bradley 1,048 3.2892%

24 Duplex 1,480 4.6450%

25 Duplex 1,480 4.6450%

26 Duplex 1,480 4.6450%

27 Duplex 1,480 4.6450%

Totals 31862 100%

RETURN DOCUMENT TO:AmericanLandTitleCompany1800W.Koch,Bozeman,MT 59715

OrderNo-'111

Returndo:

Jeremy leFeber

Berg,Lilly& Tollefsen,P.C.1 West Main St.

Bozeman, MT 59715

2586104/ Page:1 of 4 07/20/201710:09:31AM Fee.$28.00V CharlotteMills- GallatinCounty,MT MISC

lillllllllllllillllllllllllilllllllllllifillllllllllllillllllllillililllllllllllfill

SECONDAMENDMENTANDSECONDSUPPLEMENTTO

DECLARATION FOR WINTER PARK WEST CONDOMINIUM

RECITALS

A. Declarant previously recorded a . Declaration for the Winter Park West

Condominium in the officeof the Gallatin County Clerk and Recorder as Document No.

2575667 and the FirstAmendment and FirstSupplement to Declaration forWinter Park

West Condominium as Document No. 2579384 (collectivelythe "Declaration").

B. Declarant now desires to amend and supplement the Declaration as follows:

(i) Update each Unit'spercentage of general common elements based on the

actual Units constructed in Phases 1 and 2, and

(v) Provide as-builtcertificationsfor allUnits in Phase 2, being Units 13, 18,

19, 24 and 25.

NOW, THEREFORE, the Declaration ishereby amended and supplemented by revising

and supplementing the following provisions.

1. Article III,paragraph 4) of the Declaration shall be amended to read as

follows:

4) Buildings. The Units comprising Phase one (1) of the Condominium are

contained in eighteen (18) detached buildings. The Units comprising Phase two (2) of

the Condominium are contained inthree (3)detached buildings. The Property on which

the Units are located isa Common Element of the Project.

2. Exhibit "D-1" to the Declaration is hereby superseded and replaced by the

Attached Exhibit "D-2." AII references to Exhibit "D" or "D-1" in the Declaration

shall be revised to be Exhibit "D-2."

Page 1 of2

3. Attached hereto is the C ificate of Matthew Cotterman, a Registered

Professional Engineer dated . 2017 , containing the "As-

Built" certifications for allUnits in hase 2, being Units 13, 18, 19, 24 and 25.

This Second Amendment and Second Supplement to the Declaration ("Second

Amendment"), amends and supplements the Declaration and shall be incorporated into

and made a part of thereof. Except as specificallyamended or supplemented herein, all

terms of the Declaration shall remain in fullforce and effect. In the event the terms of

this Second Amendment and the Declaration conflictor are inconsistent,the terms of

this Second Amendment shall control. Unless specificallydefined herein, allcapitalized

terms shall have the definitiongiven inthe Declaration.

IN WITNESS WHEREOF, the undersigned Declarant has caused this Second

Amendment to be made and executed in accordance with and under the provisions of

the Unit Ownership Act, Title 70, Section 23, Montana Code Annotated, and the

Declaration.

DATED: July 17, 2017.

DECLARANT: ISLANDS, LLC

ByIts:Authorized Agent

STATE OF MONTANA ):ss.

County of Gallatin )

On July 17, 2017, before me personally appeared %) shot $GS ,whose

identitywas proven to me on the basis of satisfactoryevidence to be the person whose

name is subscribed to this instrument, and acknowledged that he. executed the same

as an authorized agent of,and for and on behalf of,ISLANDS, LLC.

on ..,, DEBRADECHERT.41 NOTARYPUBUCforthe

o ;. stateofMontana (PrintName: )

SEAL -- ResidingatNotary Public the State of Montana

Bozeman,Montana

mycommissionExpires Residin"an September09,2017 M mmission Expires:

Page 2 of2

CERTIFICATE OF REGISTERED PROFESSIONAL ENGINEER

The undersigned, being a duly registered professional engineer in the

State of Montana, herewith certifiesthe following:

1. That he has reviewed the floorplans attached to the Declaration for

the Winter Park West Condominium recorded with the officeof the

Clerk and Recorder for GallatinCounty, Montana as Document No.

2575667.

2. That the floorplans attached to the Declaration for the Winter Park

West Condominium are an accurate copy of the plans filedwith and

approved by the cityand county officershaving jurisdictionto issue

building permits and depict, with reasonable accuracy, the layout,

location,unit designation, and dimensions of each of the followingunitsof Phase-has built:Units 13, 18, 19, 24 and 25.

Dated: 5/5/? .*ONT44

:0 Matthew B. o0 Cotterman-n

15873ES

Regi'sidled"ProfessionalEngineer 97 UENS

Number: /F 7 gy. SER-LA

STATE OF MONTANA ):ss.

County of Gallatin )

On May 5, 2017, before me, a Notary Public for the State of Montana,

personally appeared Ma \rum. Co-the emens , and acknowledged to

me the execution of the foregoing Certificate.

'

APRiaLHUBER

or^ i Mar thestateofMontana (Printe Notary Name)

SEAL soz nM tana Notary Public forthp/8tate of Montana

1 4/ My CommissionExpires: Residing At: /I Al ] September01,2020

My Comrniss' Expires: ,20

1

WinterParkWest Condominium

ExhibitD-2

PercentageOwnership Interests-Phase 1

Unit# Model TotalSq.Ft. Ownership %

1 Bradley 1,048 2.8608%

2 Bradley 1,048 2.8608%

3 Bradley 1,048 2.8608%

4 Cottonwood 1,811 4.9436%

5 Duplex .1,480 4.0401%

6 Duplex 1,480 4.0401%

7 Cottonwood 1,811 4.9436%

8 Bradley 1,048 2.8608%

9 Bradley 1,048 2.8608%

10 Bradley 1,048 2.8608%

11 Duplex 1,480 4.0401%

12 Duplex 1,480 4.0401%

13 Cottonwood 1,811 4.9436%

14 Duplex 1,480 4.0401%

15 Duplex 1,480 4.0401%

16 Bradley 1,048 2.8608%

17 Bradley 1,048 2.8608%

18 Duplex 1,480 4.0401%

19 Duplex 1,480 4.0401%

20 Bradley 1,048 2.8608%

21 Duplex 1,480 4.0401%

22 Duplex 1,480 4.0401%

23 Bradley 1,048 2.8608%

24 Duplex 1,480 4.0401%

25 Duplex 1,480 4.0401%

26 Duplex 1,480 4.0401%

27 Duplex 1,480 4.0401%

Totals 36633 100%