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					Version 3.1                                                                                                                 July 5, 2005

Table of Contents
Table of Contents ...................................................................................................................................... 1
Introduction ............................................................................................................................................... 1
Declaration of Deer Cove Condominium ................................................................................................ 2
  Appendix A – Description of Premises ................................................................................................ 17
  Appendix B: Description of Original Units .......................................................................................... 20
  Appendix C: By-Laws .......................................................................................................................... 22
  Appendix D – Building Composition Requirements ............................................................................ 30
First Amendment .................................................................................................................................... 31
  Appendix A – First Correction ............................................................................................................. 32
  First Amendment – First Correction ..................................................................................................... 35
  First Amendment – Second Correction................................................................................................. 36
  Appendix A – Second Correction ......................................................................................................... 37
Second Amendment ................................................................................................................................ 40
Third Amendment .................................................................................................................................. 42
  Appendix A – Description of Premises ................................................................................................ 50
  Appendix B: Description of Units ........................................................................................................ 53
  Appendix C: By-Laws .......................................................................................................................... 55
  Extension to the By-Laws ..................................................................................................................... 64
  Appendix D ........................................................................................................................................... 67
  First Amendment and Additions to the Rules and Regulations of the Deer Cove Condominium ....... 68
Fourth Amendment ................................................................................................................................ 70
  Appendix B: Description of Units ........................................................................................................ 72
Fifth Amendment .................................................................................................................................... 73
  Appendix B: Description of Units ........................................................................................................ 75
Sixth Amendment.................................................................................................................................... 77
Seventh Amendment ............................................................................................................................... 79
Eighth Amendment ................................................................................................................................. 80
  Appendix B: Description of Units ........................................................................................................ 82
Ninth Amendment ................................................................................................................................... 84
  Appendix B: Description of Units ........................................................................................................ 86



Introduction
       This Declaration was originally created in 1976. Several amendments were added to the
original Declaration in the 1980’s. The original Declaration and subsequent amendments only
existed in “hardcopy” form (on paper). In 2001-2002 I transcribed the written Declaration into
electronic (Microsoft Word) format. Although I tried diligently to transcribe perfectly, there may
be a few errors in this electronic version. Where discrepancies may exist, the written form will
be deemed the correct Declaration. If you find any errors, please let me know and I will correct
them!
       Below is a very informal overview of this document, strictly intended to give you an idea
of what is contained in this document:
Version 3.1                                                                   July 5, 2005
               The first portion – the actual Declaration – is not particularly interesting. It is
              mostly legal mumbo-jumbo, although it does provide some a good framework for
              the Condominium (like outlawing anyone from raising pigs, etc.)
               Appendix A is a description of the property from a surveyor’s point of view. This
              may be useful, but only if you’re really good with a compass.
               Appendix B is a description of the original units – take a peek here if you want to
              learn some history.
               Appendix C is the most interesting of all – the By-Laws!
               Appendix D discusses the building materials – but of the original units.
               The First Amendment basically corrects a small handful of mistakes made by
              the original (1976) Declaration. You can tell they really had some trouble with this
              first one as the First Amendment itself and the corrections it makes to Appendix A
              each go through a few revisions!
               I really have no idea what the Second Amendment is for. It sure looks like some
              lawyers got involved. Fortunately, its short and sweet.
               The Third Amendment gets interesting. This seems to be where the “old”
              Condominium begins to transform into the “new” Condominium. I don’t know what
              happened in the couple of years before this amendment (1986). If anyone knows,
              please fill me in! The actual amendment itself is fairly boring – much like the
              Declaration. This amendment does include changes to Appendix A. It also
              includes a new Appendix B – introducing Building 1 and 2 (Units 1-18). There are
              a few changes to the By-Laws as well a significant extension (updates to Appendix
              C). Ever wonder what your unit is made of? See this updated Appendix D.
               The Fourth and Fifth Amendments basically add on Buildings 3 and 4 (Units
              19-31).
               The Sixth Amendment makes a change to the insurance requirements of the
              Condominium.
               The Seventh Amendment is a little unclear, but it was made four days before
              the Eighth Amendment, so it must clear the way for that.
               The Eighth Amendment creates Building 5 (Units 32-38).
               The Ninth Amendment creates what appears to be a two-unit building that
              would house Units N39 and N40. This is not a reference to the “original” two units
              (Units 1 and 2) – unless Dave Sands had plans to replace those two units with two
              new units…?? It appears nothing was ever done with this.

     Version 3.1 changed the percentage of ownership to be 2.5% for all 40 Association
Owners based on a vote of Owners at the Annual Meeting June 26, 2005.

Declaration of Deer Cove Condominium
       Declaration made this 31st day of August, 1976 by Deer Cove
Development Corporation, a corporation organized under New Hampshire law,
with a usual place of business at Court House Square, Ossipee, N.H.
(sometimes herein called the “Declarant”) for the purpose of submitting certain
property to condominium use and ownership in accordance with the provisions of
the New Hampshire Unit Ownership of Real Property Act. (Chapter 479-A of New
Hampshire Revised Statutes Annotated 1955).


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       Declarant is the sole owner of a certain tract of land local in Ossipee, New
Hampshire, with thirty-eight existing buildings thereon, and one building on
adjoining land with easements thereof as to which it proposes to declare and
herein does declare a condominium project known as “Deer Cove
Condominium.” Declarant intends to sell and convey condominium units in said
project subject to certain mutually beneficial restrictions, covenants, conditions,
equitable servitudes and charges which it desires to impose thereof under a
general plan of improvement of said project for the benefit of all said
condominium units, the condominium as a whole, and the future thereof:
       NOW THEREFORE, the Declarant hereby declares that all of the
premises described in Appendix A hereto including all improvements located and
to be located are held and shall be held, conveyed, encumbered, leased, used,
occupied, and improved subject to the following restrictions, covenants,
conditions, uses, limitations, and obligations, all of which are declared and
agreed to be in furtherance of a general plan for the Deer Cove Condominium
and the division of said premises into condominium units; and said restrictions,
covenants, conditions, uses, limitations and obligations are intended to enhance
and protect the value and desirability of Deer Cove Condominium as a whole and
mutually to benefit each of the condominium units located and to be located
therein, and to create mutual equitable servitudes upon each of said
condominium units in favor of each and all other condominium units therein, to
create reciprocal rights and privity of contract and estate between all persons
acquiring or owning an interest in any of said condominium units, including the
Declarant, and their grantees, heirs, devisees, successors and assigns, and shall
be deemed to run with the land and to be a burden and benefit to all such
persons, including the Declarant, their grantees, heirs, successors and assigns.
       1. Definitions. Certain of the terms as used in this Declaration and in the By-laws,
           which are annexed hereto as Appendix C and are made a part hereof, are defined
           and shall have meaning as follows, unless the context clearly indicates a different
           meaning therefore:
                 (a.)      “Declaration” means this instrument
                 (b.) “Declarant” means Deer Cove Development Corporation, a New
                     Hampshire corporation which has made and executed this Declaration.
                 (c.)      “Act” means the New Hampshire Unit Ownership of Real Property Act
                        (Chapter 479-A of the New Hampshire Revised Statutes Annotated 1955),
                        as amended from time to time.
                 (d.) “Condominium” means the premises described in Appendix A hereto
                     including land, all buildings and other improvements and structures now or
                     hereafter thereon, all easements, rights and appurtenances belonging
                     thereto, and all personal property now or hereafter used in connection
                     therewith, which have been or are intended to be submitted to the
                     provisions of the Act.
                 (e.) “Unit” means a part of the Condominium intended for independent
                     ownership, including one or more rooms or enclosed spaces located on
                     one or more floors (or part or parts thereof) in the Condominium, and with
                     a direct exit to a common area. Ownership of a Unit includes an undivided

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                      interest in the Common Area in the percentage allocated to each Unit in
                      this Declaration
               (f.)      “Common Area”, referred to in Section 10 (IV) of the Act, as the
                      “common areas and facilities,” means all that portion of the Condominium
                      which is not located within any Unit, plus any pipes, ducts, conduits, wires
                      and other utility installations to the outlets located outside any Unit, and
                      more particularly described in Paragraph 2(d) hereof, and including
                      Buildings num (?) 14, 15, 34 and 38 as shown on the Site Plan, but
                      excluding and Limits and the “A-frame” building now existing on Tract D
                      described in a deed to T&G Enterprises, Inc. from Deer Cove Lodge, Inc.
                      dated May 10, 1976, recorded with Carroll County Records in Book 622,
                      Page 286 and further shown on an “Easement Plan of Land located in
                      Ossipee, N.H.” dated July 1976 by Frank C. Gelinas, to be recorded
                      herewith.
               (g.)       “Limited Common Area” means that portion of the Common Area
                      which is designated herein as reserved for the use of the owner or owners
                      of a certain Unit or Units to the exclusion of the owners of other Units and
                      which is more particularly described in Paragraph 2(e) hereof.
               (h.) “By Laws” means this instrument annexed hereto as Appendix C and
                   hereby made a party hereof.
               (i.)      “Owner” means any person or persons or other entity owning a Unit in
                      fee simple together with an undivided interest in fee simple in the
                      Common Area.
               (j.)      “Association” or “Association of Owners” means the Owners acting as
                      a group in accordance with the Act, the Declaration and the By-Laws.
               (k.)      “Board” or “Board of Directors” means the governing body of the
                      Association.
               (l.)      “Manager” means any person or other entity designated by the Board
                      to manage the affairs of the Condominium and to perform various other
                      duties assigned by the Board and by provisions of the Declaration and the
                      By-Laws.
               (m.) “Condominium Rules” means such rules and regulations as the Board
                  from time to time may adopt relative to the use of the Condominium or of
                  any part thereof.
               (n.) “Common Expenses” means all expenses incurred by the Association
                   for the purposes of administration, maintenance, repair and replacement
                   of Common Area and for other lawful purposes as provided herein and in
                   the By-Laws.
               (o.) “Buildings” means the structures described in Section 2(b) of the
                   Declaration.
               (p.) “Site Plan” means a plan entitled “Plan of land prepared for Deer Cove
                   Condominium” dated June 28, 1976, a copy of which is to be recorded
                   herewith as part of the Building Plans.


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                (q.)     “Premises” means the land described in Appendix A, on which the
                       Condominium is located.
                (r.)      “Maintain” or “maintain” means to keep up, repair and replace.
      2. Descriptions required by Section 10 of the Act.
                (a.) Description of Land. A description of the land on which the Buildings
                    and other improvements in the Condominium are located is contained in
                    Appendix A to this Declaration, which is hereby made a part hereof. This
                    land is submitted subject to and with the benefits of the restrictions and
                    easements as set forth in Appendix A.
                (b.) Description of Buildings. The thirty-nine buildings constituting the
                    Condominium are described in Appendix D hereto.
                (c.)       Description of Units. The unit number of each of the 34, and a
                       statement of its location, approximate area, value, number of rooms,
                       immediate common areas to which it has access and percentage
                       ownership of the Common Area is contained in Appendix B hereto. The
                       boundaries of each of the Units with respect to the floors, ceilings, and the
                       walls, doors and windows thereof are that each Unit includes the entire
                       floor, ceiling, roof, walls, doors and windows through to the exterior
                       surfaces thereof.
                (d.) Description of the Common Area. The Common Area of the
                    Condominium consists of:
                           i. The land described in Appendix A together with the benefit of and
                              subject to all rights, easements, restrictions (including, without
                              limitation, the easements in favor of the said Trustees referred to in
                              Section 2(a) above) and agreements of record so far as the same
                              may be in force, and whether or not set forth in such Appendix;
                          ii. All conduits, ducts, plumbing, wiring and other facilities for the
                              furnishing of utility services or waste removal to the extent the
                              same are located outside the boundaries of a Unit, and any such
                              facilities contained within any Unit, which serve parts of the
                              Condominium other than the Unit within which such facilities are
                              contained, together with an easement of access thereto for
                              maintenance, repair, and replacement as aforesaid;
                          iii. All common equipment wherever located in, on or around the
                               Buildings;
                         iv. The yards, lawns, gardens, walkways, driveways, parking areas
                             and the improvements thereon and thereof, including walls,
                             bulkheads, railings, steps, lighting fixtures and planters;
                          v. Buildings numbered 14, 15, 34 and 38 on the Site Plan.
                         vi. The A frame building located on Tract E and shown on an
                             easement plan of land dated July, 1976 by Frank C. Gelinas to be
                             recorded herewith;



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                (e.) Limited Common Area. The area of land located within the lesser of (a)
                    fifteen feet from each Unit, (b) one-half the distance to adjoining Buildings,
                    or (c) the boundary of the Condominium, but excepting:
                           i. the right of the Association to maintain utility and telephone
                              installations, present and future wells and subsurface disposal
                              therein,
                          ii. present and future drives and walkways as may be provided by the
                              Board, and
                          iii. The area shown on the Site Plan as Restricted Area, is reserved for
                               the use of the Owner of each Unit which such Limited Common
                               Area surrounds.


      3. Unit values and Related Percentages. The value of each Unit and of the
         Condominium, and the percentage of undivided interest in Common Area
         appertaining to each Unit, are set forth in Appendix B hereto. There shall appertain
         to each Unit in the Condominium, for voting purposes in connection with meetings of
         the Association, a number of votes which is equal to the aforementioned percentage.
         Where a particular Unit is owned by more than one person, said Owners may to
         divide the number of votes appertaining to their Unit but must cast said number of
         votes as a whole.
      4. Statement of Purposes for Which Condominium Units Are to be Used. The
         Condominium and the Units thereof are primarily intended for residential use and the
         following provisions, together with the provisions of the Condominium Rules, are in
         furtherance of this purpose:
                (a.) Each Unit shall be occupied and used only for residential purposes or
                    for such uses as the Board, upon application of an Owner, from time to
                    time, may authorize as not being incompatible with the residential
                    character of the Condominium.
                (b.) The Common Area shall not be used in a manner which is inconsistent
                    with the residential character of the Condominium except for such uses as
                    are normally accessory to the permitted commercial uses set forth in
                    paragraph (a) above. No one shall commit and waste in or otherwise
                    cause any damage beyond reasonable wear and tear to the Common
                    Area; and nothing shall be stored in the Common Area without the prior
                    written consent of the Board, except for the Unit Owner entitled to Limited
                    Common Area who shall have the exclusive right thereto as hereinbefore
                    provided. Nothing shall be altered, constructed in or removed from the
                    Common Area or any Limited Common Area without the prior written
                    consent of the Board.
                (c.)       No harmful or offensive use shall be made of any part of the
                       Condominium and nothing shall be done therein which is or will become,
                       in the judgment of the Board, an annoyance or nuisance to the other
                       Owners. No use shall be made of any part of the Condominium which will
                       constitute a fire hazard, will result in the cancellation of insurance on any
                       part of the Common Area or is in violation of any law, ordinance or

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Version 3.1                                                                    July 5, 2005
                       governmental regulation applicable thereto. No use shall be made of any
                       part of the Condominium which will increase the rate of insurance on the
                       Common Area without prior written consent of the Board.
                (d.) No signs (except as provided in Paragraph 4(f) hereof), shall be hung,
                    posted or otherwise placed so as to be within the public view or within the
                    view of other Owners, without the prior written consent of the Board.
                (e.) No animals, livestock or poultry shall be kept anywhere within the
                    Condominium, except that dogs, cats or other household pets may be kept
                    in Units, provided that no such household pet shall become a nuisance to
                    the other Owners. If such a nuisance arises, the Association may
                    commence legal action to enjoin such nuisance, and if successful, the cost
                    thereof shall be borne by the enjoined Owner.
                (f.)       Declarant is and shall be the Owner of any Units which have not been
                       sold and may make such use of the Condominium as may facilitate the
                       sale of such Units, including, without limiting the generality of the
                       foregoing, the right to maintain a sales office, show units and display
                       signs, or may lease, rent or license any of the Units for any period of time
                       for their permitted uses.
                (g.)      The Board is empowered to adopt and amend, from time to time,
                       Condominium Rules concerning use of the Condominium and various
                       parts thereof, which shall be furnished in writing to all Owners and which
                       Rules shall not be violated.
                (h.) The consents of the Board referred to in this Section 4 may be
                    withdrawn by the Board whenever it deems such withdrawal to be in the
                    best interest of the Condominium.
                (i.)       None of the rights and obligations of the Owners created herein, or in
                       any deed conveying a Unit from the Declarant to a purchaser thereof, shall
                       be altered in any way by encroachments resulting from settling or shifting
                       of structures, repairs or alterations and there shall be valid easements for
                       the maintenance of such encroachments so long as they shall exist;
                       provided, however, that in no event shall a valid easement for
                       encroachment be created in favor of any Owner or Owners if said
                       encroachment occurred due to the willful conduct of said Owner or
                       Owners.
      5. Person to Receive Service of Process. David Sands, Esq. shall be a person to
         receive service of process in accordance with the Act, so long as he has a place of
         business at Court House Square, Ossipee, New Hampshire. Thereafter the person
         to receive service of process shall be any member of the Board or the Manager, if
         resident in Ossipee, New Hampshire, and if none of the aforesaid are resident in, or
         have a place of business in Carroll County, then, or at any time, such person as the
         Board may designate by a writing duly recorded in the Carroll County Registry of
         Deeds.
      6. Insurance and Voting in the Event of Damage or Destruction.
                (a.) Insurance to be Obtained. The Board of Directors shall obtain and
                    maintain, to the extent obtainable, the following insurance:

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Version 3.1                                                                  July 5, 2005
                         i. Fire insurance with extended coverage, vandalism and malicious
                            mischief endorsements, with such deductibles as the Board shall
                            determine, insuring any insurable improvements forming part of the
                            Common Area (including any units owned by the Association) in
                            behalf of the Owners and their mortgages, as their respective
                            interests may appear, and payable to the Board as trustee for the
                            Owners, in an amount equal to the full insurable replacement value
                            of said property.
                        ii. Public liability insurance for the entire Condominium in such
                            amounts as the Board may from time to time determine, but in no
                            event shall the limits of liability be less than One Million Dollars
                            ($1,000,000) for bodily injury and property damage per occurrence,
                            insuring each member of the Board and Owners, and with cross
                            liability coverage with respect to liability claims of any one insured
                            thereunder against any other insured thereunder. This insurance,
                            however, shall not insure against the individual liability of an Owner
                            for negligence occurring within his own Unit.
                        iii. Workman’s compensation insurance as required by law.
                        iv. Such other insurance as the Board may determine.
               (b.)     General Insurance Provisions.
                         i. The Board shall deal with the insurer or insurance agent in
                            connection with the adjusting of all claims covered by insurance
                            policies provided for under Section 6(a) above and shall review with
                            the insurer or insurance agent, at least annually, the coverage of
                            said policies, said review to include an appraisal of improvements,
                            if any, within the Condominium, and shall make any necessary
                            changes in the policy provided for under Section 6(a)(i) above (prior
                            to the expiration date set forth in any agreed amount endorsement
                            contained in said policy) in order to meet the coverage
                            requirements of such Section.
                        ii. The Board shall be required to make every effort to see that all
                            policies of physical damage insurance provided for under Section
                            6(a) above: (1) shall contain waivers of subrogate by the insurer as
                            to claims against the Condominium, the Association, its employees,
                            members of the Board, Owners and members of the family of any
                            Owner who reside with said Owner, except in cases of arson or
                            fraud; (2) shall contain a waiver of defense of invalidity on account
                            of the conduct of any of the Owners over which the Association has
                            “no control”; (3) shall provide that such policies may not be
                            cancelled or substantially modified without at least ten (10) days
                            written notice to all of the insureds thereunder and all mortgagees
                            of Units; (4) shall provide that in no event shall the insurance under
                            said policies be brought into contribution with insurance purchased
                            individually by Owners or mortgagees ; and (5) shall exclude
                            policies obtained by individual Owners from consideration under
                            any “no other insurance” clause.

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Version 3.1                                                                 July 5, 2005
                        iii. Each Owner may obtain additional insurance for his or her own
                             benefit and at his or her own expense. No such policy shall be
                             written so as to decrease the coverage under any of the policies
                             obtained by the Board pursuant to Section 6(a) above, and each
                             Owner hereby assigns to the Board the proceeds of any such policy
                             to the extent that any such policy does in fact result in a decrease
                             in such coverage, said proceeds to be applied pursuant to the
                             terms hereof as if produced by such coverage. Copies of all such
                             policies (except policies covering only personal property, owned or
                             supplied by individual Owners) shall be filed with the Association.
               (c.)       Procedure in the event of Damage or Destruction. In the event of
                      damage to or destruction of all or part of the Common Area as a result of
                      fire or casualty:
                         i. The Board shall arrange for the prompt repair and restoration of the
                            damaged or destroyed portion of the Common Area and the Board
                            shall disburse any insurance proceeds to the contractors engaged
                            in such repair and restoration in appropriate progress payments,
                            unless the Condominium is damaged or destroyed to the extent of
                            75% or more of the total replacement of the Condominium and the
                            Association by a vote of 75% of the Owners’ total voting power
                            does not, within sixty (60) days of the date of such damage or
                            destruction , determine to repair, reconstruct or rebuild the
                            damaged or destroyed property. Any cost of such repair and
                            restoration in excess of the said insurance proceeds shall constitute
                            a Common Expense and the Board may assess all the Owners for
                            such excess in the same manner as Common Expenses are
                            assessed. If the cost of such repair and restoration is less than the
                            amount of said insurance proceeds, then the excess of said
                            insurance proceeds over said cost shall be distributed by the Board
                            to the Owners and their mortgages, as their interests may appear,
                            in accordance with the percentages set forth in Appendix B hereto.
                            (In the event that the aforesaid Common Area is damaged or
                            destroyed to the extent of less than 75% of said value, unless the
                            Owners by a vote of 75% of their total voting power determine
                            otherwise, in accordance with Section 6(c)(iii) hereof, the mere
                            arrangement by the Board for the repair and restoration of the
                            damaged or destroyed property shall be deemed a determination
                            by the Association to repair, reconstruct and rebuild.)
                         ii. If the Condominium is damaged or destroyed to the extent of 75%
                             or more of the total replacement value of the Condominium and the
                             Association by a vote of 75% of the Owners total voting power does
                             not, within sixty (60) days of the date of such damage or
                             destruction, determine to repair, reconstruct or rebuild the Common
                             Area, or if the Condominium is so damaged or destroyed to the
                             extent of less than 75% of said value and the Owners by a vote of
                             75% of their total voting power elect to sell the Condominium, then
                             the Board shall record at the Carroll County Registry of Deeds a
                             notice to that effect and upon the filing of said notice the
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Version 3.1                                                                  July 5, 2005
                           Condominium, in its damaged condition, shall be deemed to be
                           removed from the provisions of the Act and to be owned in common
                           by the individual Owners, each owning an undivided interest equal
                           to the percentage set forth in Appendix B hereto, and any liens on
                           any Unit being deemed to be transferred to the undivided interest of
                           the Owner of said encumbered Condominium in accordance with
                           the then-existing priorities; and upon the recording of said notice
                           the said property shall be subject to a petition of any Owner to the
                           Board for its sale and for partition of the net proceeds of such sale.
                           In the event of such a petition, the said property shall be sold, as a
                           whole or in parts, and at one or more sales, upon such terms and
                           conditions as the Board in its sole discretion deems in the best
                           interest of the Owners, and the net proceeds of such sale or sales,
                           together with the net proceeds of insurance on said property, if any,
                           shall be considered as one fund and shall be divided by the Board
                           among the Owners in proportion to their respective undivided
                           interests in said property, after first paying out of the share of each
                           Owner, to the extent sufficient for that purpose, the amount of any
                           unpaid liens on his undivided interest in the order of the priority of
                           such liens.
                        iii. Notwithstanding the provisions of subparagraphs (i) and (ii)
                             hereinabove, the Owners by a vote of 75% of their total voting
                             power may elect to sell the Condominium, in its damaged condition,
                             in which event a notice shall be filed in accordance with the
                             provisions of subparagraph (ii), said notice to have the same legal
                             effect as set forth in subparagraph (ii), and the said property shall
                             be sold and the net proceeds thereof, together with the net
                             proceeds of insurance on said property, if any, shall be divided, in
                             accordance with the provisions of said subparagraph (ii). In the
                             event of any sale or sales, either under said subparagraph (ii), or
                             this subparagraph, the members of the Board are hereby
                             authorized to execute and deliver, in behalf of the Association and
                             all of the Owners, any instruments necessary or required to effect
                             such sale or sales and each Owner shall be obligated to execute
                             and deliver such instruments and to perform such acts as may be
                             necessary or required to effect such sale or sales.
      7. Extent of Ownership and Possession by Owner. Each Owner shall own an undivided
         interesting the Common Area in the percentage expressed in Appendix B hereto. No
         such percentage shall be altered in a manner which is contrary to the provisions of
         the Act, as amended from time to time, and no such interest shall be separated from
         the Unit to which it appertains, it being deemed to be conveyed or encumbered with
         the Unit even though it is not expressly mentioned or described in the instrument of
         conveyance or encumbrance. Subject to the provisions of this Declaration, each
         Owner may use the Common Area in accordance with the purposes for which it is
         intended, so long as he does not hinder or encroach upon the lawful rights of the
         other Owners.
      8. Owner’s Obligation to Repair. Each Owner shall, at his or her own expense, keep his
         or her Unit and its equipment and appurtenances and attached Limited Common
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         Area, in good order and condition and repair and in a clean and sanitary condition,
         and shall do all redecorating, painting and varnishing which may at any time be
         necessary to maintain the good appearance and condition of his or her Unit. In
         addition to redecorating, and keeping the interior and exterior of the Unit in good
         repair, each Owner shall be responsible for the maintenance, repair or replacement
         of any bathroom plumbing fixtures, appliances, heating equipment or light fixtures
         and other property which are not Common Area, and which are located in his or her
         Unit. Each Owner shall immediately notify the Manager or a member of the Board of
         any damage to or malfunction of any pipe, wire or other utility installation which is
         Common Area adjoining his or her Unit. No Owner shall permit any repair or other
         work (minor repairs excepted) in his or her Unit by anyone unless such repair or
         other work is performed in compliance with all governmental laws, ordinances, rules
         and regulations. If the Owner fails to so act, the Association may so act and charge
         the Owner with the cost thereof, to be enforced in the same manner as a failure of
         such Owner to pay a common expense.
      9. Prohibition Against Structural Changes by Owner. No Owner shall, without first
         satisfying the requirements regarding repair or other work set forth in Section 8
         above, and, in addition, obtaining written consent of the Board: (i) make or permit to
         be made any structural alteration, improvement or addition in or to his or her Unit or
         in or to any other part of the Condominium, (ii) impair any easement or right or
         personal property which is a part of the Condominium or (iii) paint or decorate any
         portion of any Common Area therein.
      10. Entry for Repairs. The Association shall have the irrevocable right, to be reasonably
          exercised by the Board or its agents, including the Manager, to enter any Unit when
          necessary in connection with any repair, maintenance or construction for which the
          Board is responsible and shall have the irrevocable right to be reasonably exercised
          by the Board or its agents, including the Manager, or by any two or more Owners
          acting as a group, to enter any Unit for the purpose of making emergency repairs
          necessary to prevent damage to other parts of the Condominium. Such entry shall
          be made with as little inconvenience to the Owner as practicable, and any damage
          caused thereby or expense in connection therewith shall be repaired or satisfied by
          the Board out of the Common Expense fund unless such emergency repairs are
          necessitated by the negligence of one or more Owners in which case the negligent
          Owner or Owners shall bear the expense of such repairs.
      11. Disposition of Units. Unless otherwise prohibited by law, the sale, leasing, licensing
          or disposition of a Unit shall be subject to the following provisions until this
          Declaration is terminated or such provisions are amended in accordance with
          Section 22 hereof.
                (a.) No Unit owner may dispose of a Unit or any interest therein by sale,
                    lease (for more than one year), license or in any other manner without the
                    approval of the Board, which approval shall be obtained as follows:
                        i. An Owner intending to make a sale, lease, license or any other
                           disposition of a Unit or any interest therein, other than a mortgage
                           or lease not exceeding one year, shall give notice to the Board of
                           such intention, together with the name and address of the intended
                           purchaser, lessee, licensee or other acquirer of such Unit, such
                           other information as the Board may reasonably require, and the
Deer Cove Declaration                                                                      11
Version 3.1                                                                    July 5, 2005
                              terms of the proposed transaction. The giving of such notice shall
                              constitute a representation and warranty to the said Board that the
                              Owner believes the proposal to be bona fide in all respects.
                          ii. Within thirty (30) days after receipt of such notice, the Board shall
                              either approve the transaction, or shall furnish someone (including
                              the Association) approved by the Board (and give notice thereof to
                              the Owner) who will accept the transaction upon terms as favorable
                              to the Owner a the terms stated in such notice. The approval of the
                              Board shall be in recordable form, signed by any two members and
                              shall be delivered to the person acquiring the Unit. The failure of
                              the Board to act within such 30 day period shall be deemed to
                              constitute approval, following which the Board, nevertheless, shall
                              prepare and deliver written approval in recordable form, as
                              aforesaid. No sale or other transfer of title shall be valid unless and
                              until the written approval of the Board, as aforesaid, shall be
                              recorded in the Registry of Deeds in which this Declaration is
                              recorded. The Owner giving such notice shall be bound to
                              consummate the transactions with anyone as may be furnished by
                              the Board, as aforesaid. The Board may disapprove such
                              transaction and supply the substitute acquirer for any reason which
                              the Board in its sole judgment may determine, except such
                              disapproval may not be exercised so as to restrict alienation,
                              conveyance, sale, leasing, purchase, ownership and occupancy of
                              Units because of race, creed, color or national origin or for any
                              other reason which shall conflict with the requirements of the
                              Constitution of New Hampshire or the United States of America or
                              any applicable statues enacted thereunder.
                (b.) Notwithstanding anything herein contained, the provisions of this
                    Section 11 shall not apply to Units at any time owned by the Declarant,
                    nor shall such provisions be applicable to the holder of a first mortgage on
                    a Unit, provided the same be a bank, trust company, insurance company,
                    federal savings and loan association or similar institutional type lender, nor
                    shall such provisions be applicable to the holder of any purchase money
                    mortgage granted as part of the first sale of any Unit under this
                    Declaration.
                (c.)       Immediately after any transfer of any Unit, by sale, lease, gift, devise,
                       interstate succession, death of a joint tenant, or otherwise, either the
                       transferring Owner or the acquiring Owner shall give notice to the Board of
                       such transfer, including the name and address of the acquiring Owner and
                       the date of transfer.
      12. Assessments. Each Owner shall pay all Common Expenses assessed against such
          Owner, and all other assessments made against such Owner by the Board in
          accordance with the terms of the Declaration and By-Laws; and all sums so
          assessed but unpaid shall be secured by a lien as provided in Section 22 of the Act.
          No Owner shall convey, mortgage, sell, lease, or license (for more than one year) a
          Unit unless and until the Owner shall have paid in full to the Board all such sums
          theretofore assessed by the Board against his or her Condominium, which are due

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         and unpaid. Within ten (10) days after receiving an appropriate request and payment
         of a reasonable fee, not to exceed Ten Dollars ($10.00), the Board shall supply a
         certificate executed by any one of its members stating the amount of any unpaid
         Common Expense or other assessments secured by a lien against any particular
         Unit in accordance with the Act, the Declaration and the By-Laws, and the amount
         thereof which is then due, and the amounts so stated shall be conclusively
         established as of such date, in favor of all persons who rely thereon in good faith, as
         against the Association. A purchaser of a Unit be liable for the payment of any
         assessments against said Unit prior to its acquisition by him or her which are unpaid
         as of the time of said acquisition, whether or not such assessments are then due,
         except that a first mortgagee or other purchaser at the foreclosure sale of a first
         mortgage lien or at a sale in lieu of such foreclosure, and a purchaser from a first
         mortgagee who purchases at such a foreclosure sale or such a sale in lieu of
         foreclosure, shall not be liable for the payment of assessments unpaid and due as of
         the time of his or her acquisition but shall be liable for unpaid assessments
         becoming due thereafter.
         A lien for unpaid Common Expenses or other assessments shall be subordinate to
         any first mortgage lien of record and to certain tax liens, as provided in Section 22 of
         the Act.
      13. Eminent Domain. In the event of a taking under power of eminent domain of a part
          or all of the Condominium, the Condominium and each Unit Owner shall be
          represented by the Board in any resulting negotiations, administrative, or judicial
          proceedings and the entire award shall be paid to the Board as trustees for the
          Owners.
                (a.) Total Taking. In the event the entire Condominium is taken, the Board
                    shall take steps to terminate the Condominium in accordance with the Act
                    and shall pay to each Owner and the mortgagee; if any, of such Owner’s
                    interest, as their respective interests appear, his proportionate share in
                    accordance with his interest in the Condominium.
                (b.) Partial Taking Not Destroying Units. In the event of a partial taking
                    which results in a loss of Common Area or Limited Common Area, but no
                    loss of any Units, the criterion and procedures for the restoration of the
                    Condominium provided for in Section 6(c) (relating to the repair and
                    restoration of damage from casualty loss) shall apply.
                (c.)       Partial Taking Destroying Units. Where one or more Units have been
                       taken or so altered by the taking as to be, for practical purposes, not
                       habitable, the Board shall allocate and pay to each Owner of a Unit so
                       taken or rendered uninhabitable (subject to the rights of the mortgagee, if
                       any, of such Unit) so much of the taking award as is allocable to such Unit.
                       The Board shall make provision for the realignment of percentage
                       interests of Owners in the Condominium to reflect any diminution in the
                       number of Units by reason of a partial taking.


                       Any Owner aggrieved by the Board’s allocation of a taking award may
                       bring a proceeding before any tribunal of competent jurisdiction to
                       ascertain his just share or may do so by a petition for arbitration to be
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                    conducted in accordance with the rules of the American Arbitration
                    Association.
                    As to the restoration of the balance of the Condominium, the criterion and
                    procedure of Section 6(c) shall apply.


      14. Waiver. The failure of the Board or Manager to insist, in any instance, upon the
         strict performance of any of the terms, covenants, conditions or restrictions of this
         Declaration or of the By-Laws, or to exercise any right herein or therein contained, or
         to serve any notice or to institute any action shall not be construed as a waiver or
         relinquishment for the future, of such term, covenant, condition, restriction or right,
         but such term, covenant, condition, restriction or right shall remain in full force and
         effect. The receipt by the Board or Manager of any assessment from an Owner with
         knowledge of the breach of any covenant hereof shall not be deemed a waiver of
         such breach, and no waiver by the Board or Manager of any provision hereof shall
         be deemed to have made unless expressed in writing and signed by the Board or
         Manager.
      15. Liability of the Board. The members of the Board shall not be liable to the Owners for
          any mistake of judgment, negligence, or otherwise, except for their own individual
          willful misconduct or bad faith and except as provided herein below. The Owners
          shall indemnify and hold harmless each of the members of the Board against all
          contractual liability to others arising out of contracts made by the Board in behalf of
          the Condominium unless any such contract shall have been made in bad faith or
          contrary to the provisions of the Declaration or of the By-Laws. It is intended that the
          members of the Board shall have no personal liability, other than as Owners, with
          respect to any contract made by them in behalf of the Condominium, except with
          respect to any such contract made in bad faith or contrary to the provisions of the
          Declaration or By-Laws. It is also intended that the personal liability of each Owner
          arising out of any contract made by the Board or out of the aforesaid indemnity in
          favor of the members of the Board shall be limited to sub proportion of the total
          liability thereunder as his or her interest in the Common Area bears to the interests
          of all the Owners in the Common Area. The provisions of this Section 15 do not
          apply to and shall not preclude claims for property damage and personal injury by
          Owners against the Board or any other insured under the liability insurance required
          by Section 6(a)(ii).
      16. Enforcement. Each Owner shall comply strictly with the provisions of this
          Declaration, the By-Laws and the Condominium Rules as the same may be lawfully
          amended from time to time and with decisions adopted pursuant to said Declaration,
          By-Laws and Condominium Rules, and failure to comply shall be grounds for an
          action to recover sums due for damages or injunctive relief, or both, maintainable by
          the Board or Manager in behalf of the Owners, or in a proper case, by an aggrieved
          Owner.
      17. Personal Property. The Board may acquire and hold, for the benefit of the Owners,
          tangible and intangible property and may dispose of the same by sale or otherwise;
          and the beneficial interest in such personal property shall be owned by the Owners
          in the same proportion as their respective interests in other Common Area. A
          transfer of a Unit shall transfer to the transferee ownership of the transferor’s

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         beneficial interest in such personal property, whether or not such personal property
         is specifically mentioned therein.
      18. Notices. All notices hereunder, and under the By-Laws and the Act, to the
          Association, the Board and the Manager shall be sent by registered or certified mail
          to the Board or Manager at the Condominium, or to such other address as the Board
          may designate from time to time by notice in writing to all Owners. All notices to the
          Declarant shall be sent by registered or certified mail to 249 Washington Avenue,
          Winthrop, Massachusetts, or to such other address as the Declarant may designate
          from time to time by notice in writing to the Board. All notices to any Owner shall be
          sent by registered or certified mail to the Condominium or to such other address as
          may be designated by him from time to time, in writing, to the Board. All notices shall
          be deemed to have been given when mailed, except notices of change of address
          which shall be deemed to have been given when received, and except as otherwise
          provided herein.
      19. Invalidity. The invalidity of any part of this Declaration shall not impair or affect in any
          manner the validity, enforceability or effect of the balance of the Declaration.
      20. Gender. The use of the masculine gender herein shall be deemed to include the
          feminine gender and the use of the singular shall be deemed to include the plural,
          whenever the context so requires.
      21. Interpretation. The provisions of this Declaration shall be liberally construed to
          effectuate its purpose of creating a uniform plan for the development and operation
          of a condominium project.
      22. Amendment. Until December 31, 1976, any amendment to the Declaration for the
          purpose of compliance with any requirement of the Act may be reflected by an
          instrument in writing signed and acknowledged by the Declarant alone,
          notwithstanding the procedures for amendment described in this Paragraph.
      23. Provisions subject to control of New Hampshire Water Supply and Pollution Control
          Commission. The following provisions and restrictions may not be amended nor will
          any contrary action be taken without the written consent of the New Hampshire
          Water Supply and Pollution Control Commission, or any successor agency thereto,
          so long as the Condominium and such Commission or its successor remain in
          existence, a copy of such consent to be recorded with the amendment at the Carroll
          County Registry of Deeds.
                 (a.) In the event of future construction on the land area of the Declarant,
                     being shown as Tracts D and E on the deed from Deer Cove Lodge, Inc.
                     to T&G Enterprises, Inc., dated May 10, 1976, and duly recorded with the
                     Carroll County Records, the owners thereof shall have the right to use any
                     well and to draw all reasonable quantities of water therefrom which may at
                     any time be constructed on the Common Area, and such owners may
                     enter such Common Area to install all connections and water lines thereto
                     and to inspect and maintain the same.
                 (b.) No building shall be erected (a) within the land area of the
                     Condominium within a seventy-five (75) foot radius of any well hereinafter
                     constructed on Common Area, or (b) in the area on Site Plan designated
                     “Recreation Area”, but a pump house, recreation facilities such as tennis

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                        courts, shuffle board courts, putting greens, parking areas or similar non-
                        residential uses shall not be s restricted.
                 (c.)     No leaching field or septic system shall be installed within the land
                      area of the Condominium within a two hundred (200) foot radius of any
                      such well to be hereafter constructed.
        Except as otherwise provided herein and in the Act, as amended from time to time, the
provisions of this Declaration may be amended by an instrument in writing signed and
acknowledged by the Owners holding seventy-five percent (75%) of the total voting power
hereunder, which amendment shall be effective upon recordation at the Carroll County
Registry of Deeds.
        IN WITNESS WHEREOF, the undersigned has executed this instrument the day and
year first above written.

      Witness                         DEER COVE DEVELOPMENT CORPORATION
      (signed, but name unknown)           (signed by George Costonis)
      ______________________          By_____________________________________
                               (seal of    George Costonis
                               some type) President and Treasurer

STATE OF Massachusetts
COUNTY OF Suffolk
      Personally appeared George Costonis and acknowledged the foregoing to be the free
act and deed of Deer Cove Development Corporation, before me

                              Signed and Sealed by a Notary Public (unsure of the name)




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Appendix A – Description of Premises
       Deer Cove Condominium shall consist of the following premises:

Parcel 1
        The land with the buildings thereon shown on “Plan of Land prepared for Deer Cove
Condominium located in Ossipee, New Hampshire” dated June 28, 1976 by Frank C. Gelinas
& Associates to be recorded herewith as part of the Building Plans of Deer Cove
Condominium, bounded and described as follows:
        Beginning at a point on the southwesterly corner of the intersection of the westerly side
of Lake Shore Road and the southerly side of a private way entitled Spaulding Road:
        Thence at a bearing of N63-45-15W along the southerly side of said Spaulding Road, a
distance of 122.16 feet to a point.
        Thence at a bearing of N63-24-39W along the southerly side of said Spaulding Road, a
distance of 143.56 feet to an iron pipe.
        Thence again at a bearing of N63-24-39W, a distance of 34.28 feet to a point which is
the center line intersection of said Spaulding Road with the center line of a private way entitled
Benson Road.
        Thence at a bearing of N39-48-33W, a distance of 24.56 feet to an iron pipe at land N/F
of Foster.
        Thence at a bearing of S55-07-21W, along land N/F of said Foster, a distance of 344.39
feet more or less to the high water mark of Patch Pond.
        Thence southerly by said Path Pond, a distance of 165.00 feet more or less to a point of
land N/F of T&G Enterprises, Inc.
        Thence at a bearing of S73-32-42E along land of said T&G Enterprises, Inc. a distance
of 187 feet more or less to a point.
        Thence at a bearing of S16-27-18W along land N/F of said T&G Enterprises, Inc., a
distance of 12.00 feet to a point.
        Thence at a bearing of N45-06-11E along land of owners unknown a distance of 26.40
feet to an iron pipe.
        Thence at a bearing of N73-29-07W along land of owners unknown a distance of
126.65 feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 104.27
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 18.00
feet to a point which is on the westerly sideline of Lake Shore Road.
        Thence at a bearing of N23-59-48E along the westerly line of said Lake Shore Road, a
distance of 373.38 feet to the point of beginning.
        Said parcel contains 3.97+/- acres.

        Being a portion of the premises acquired by the Declarant by deed of T&G Enterprises,
Inc. of even date and record herewith.
        Said premises are subject to the following rights and privileges reserved by T&G
Enterprises, Inc. in said deed.
        24. The right to pass and repass over the premises granted hereby, on foot and by
            vehicle or otherwise, on all ways, roads and walkways which may from time to time
            exist thereon, for the purpose of obtaining access to Lake Ossipee.


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       25. The right to park all vehicles on the granted premises in those areas which are from
           time to time designated by those persons having control thereof as parking areas for
           visitors and guests of the buildings from time to time constructed thereon.
       26. The right to use any well, and to draw reasonable quantities of water therefrom,
           which may at any time, and from time to time, be constructed on the granted
           premises, and for this purpose, and for the purpose of constructing a well or wells as
           hereinafter provided, to enter upon the granted premises and to install all
           connections and water lines thereto and to inspect and maintain the same, provided
           however, that no building shall be erected on said Tract D within 75 feet of such a
           well, other than recreational or parking facilities such as tennis courts, putting
           greens, or similar non-residential facilities, and no leaching field or septic system
           shall be constructed thereon within 200 feet from such a well. Grantor shall further
           have the right, at its expense, to construct for its benefit such a well, or wells,
           provided the same are installed in the general area designated for new well
           construction on the aforesaid plan of Deer Cove Condominium, dated June 28,
           1976, which is to be recorded herewith as part of the condominium building plans.
       27. The right to use for all purposes for which a public way may from time to time be
           used the roads, now known as Lake Shore Road, Garland Road, Benson Road and
           Spaulding Road, to the extent the grantor has the right to grant the same, together
           with the right, but not the obligation, to maintain and improve the same.
       Said premises are subject to the following rights as described in the aforesaid deed to
the Declarant:
       (A) the rights, if any, of those entitled thereto “to spring point for water” as set forth in a
deed from Lord to Spaulding recorded with Carroll Records in Book 128, Page 144;
       (B) the rights, if any, of those entitled thereto to use Lake Shore Road, Garland Road,
Benson Road and Spaulding Road.
       Said premises shall have the benefit of the following rights set forth in the aforesaid
deed to the Declarant:
       The right to enter upon the remaining land of T&G Enterprises, Inc. and to pass and
repass, but on foot only, for the purpose of obtaining access to that portion of the remaining
land of T&G Enterprises, Inc. as shown on a plan entitled “Easement Plan of Land located in
Ossipee, N.H.” dated July, 1976 by Frank C. Gelinas, said plan to be recorded herewith, and
said plan designating the area of passage permitted hereby, and the Condominium may
improve or reconstruct thereon, in the area shown on said plan as building area, a building;
and in connection therewith the Condominium may from time to time enter upon such
designated areas, and reasonable area adjacent thereto, by foot or otherwise, for the purpose
of maintaining or improving the same, or maintaining, improving or reconstructing any building
which may from time to time be owned by the Condominium thereon, reserving unto the
grantor, as the same may be specifically granted by the grantor, for the benefit of those
persons who from time to time are the owners of Tract D, as described in the aforesaid deed
from Deer Cove Lodge Resort, Inc. to T&G Enterprises, Inc. and to those persons claiming
under or through such owners, the right to use, without charge, any building from time to time
existing upon such designated area, but subject to all reasonable rules and regulations
adopted by those persons having control of such buildings which are applicable to all persons
using the same.
       The Declarant further specifically reserves to itself for the benefit of the owners from
time to time of Parcel 2 described in the aforesaid deed to the Declarant, the same rights and


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Version 3.1                                                                July 5, 2005
privileges reserved by T&G Enterprises, Inc. to the owners from time to time of Tract D set
forth in the aforesaid deed to the Declarant.
        The premises are further subject to a mortgage held by The Carroll County Trust
Company in the amount of $113,000 as described in the aforesaid deed to the Declarant,
which mortgage shall be discharged or partially released as required by the Act.




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Version 3.1                                                           July 5, 2005

Appendix B: Description of Original Units
      Unit               Composition          Immediate         Approximate         Value
Designation                            Common Areas      Area (sq. ft.)     of Unit         of Un
                                       to which there is                                    Intere
                                       access
      #1                 3BR-LR-K-            *                 894                 $21,000
                   B-P
      #2                 1BR-LKT-B-          *                 494                    $18,000
                   P
      #3                 1BR-LKT-B-          *                 469                    $18,500
                   P
      #4                 1BR-LKT-B-          *                 456                    $17,500
                   P
      #5                 3BR-LR-2B-          *                 1002                   $20,000
                   K
      #6                 6LKT-8BR-           *                 3290                   $70,000
                   12B-P-2OS-SR
      #7                 1BR-LKT-B           *                 418                    $16,500
      #8                 2BR-LKT-B-          *                 604                    $16,500
                   P
      #9                 1BR-LKT-B-          *                 313                    $14,000
                   P
      #10                2BR-LKT-B-          *                 428                    $15,000
                   P
      #11                1BR-LKT-B-          *                 305                    $10,000
                   P
      #12                1BR-LKT-B-          *                 371                    $14,000
                   P
      #13                2BR-LKT-B-          *                 492                    $14,000
                   P
      #16                LBK-B-P             *                 251                    $9,500
      #17                LBK-B-P             *                 206                    $9,500
      #18                2BR-LR-K-           *                 624                    $17,000
                   B-P
      #19                1BR-LKT-B-          *                 386                    $15,000
                   P
      #20                2BR-LKT-B           *                 315                    $9,500
      #21                3BR-LR-K-           *                 979                    $18,500
                   2B-P
      #22                3BR-LR-K-           *                 1530                   $21,500
                   2B-2P-2CS
      #23                1BR-LKT-B-          *                 624                    $18,500
                   P
      #24                1BR-LKT-B-          *                 384                    $12,500
                   P
      #25                LBK-B-P             *                 252                    $10,500
      #26                LBK-B-P             *                 277                    $10,500
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Version 3.1                                                              July 5, 2005
      #27                  1BR-LKT-B-           *                  426                     $11,500
                       P
       #28                   LBK-B-P               *                   267               $9,500
       #29                   LBK-B-P               *                   258               $9,500
       #30                   LBK-B-P               *                   269               $9,500
       #31                   LBK-B-P               *                   268               $9,500
       #32                   LBK-B-P               *                   268               $9,500
       #33                   LBK-B-P               *                   268               $9,500
       #35                   1BR-LKT-B             *                   874               $18,000
       #36                   3BR-LKT               *                   2268              $30,000
       #37                   1BR-LKT               *                   1127              $10,000
       * - All units have access to the adjoining yards which are the immediate common area
to which they have access
       The total value of the Condominium is $544,000.00. Each Unit is located as shown on
the “Plan of Land prepared for Deer Cove Condominium located in Ossipee, New Hampshire”
dated June 28, 1976 by Frank C. Gelinas & Associates to be recorded herewith as part of the
Building Plans of Deer Cove Condominium.

      Key for Unit Composition:
      LR = Living Room                  LKT = Living Room-Kitchenette
      BR = Bedroom                      LBK = Living Room-Bedroom-Kitchenette
      K = Kitchen                       CS = Closed Storage
      KT = Kitchenette                  OS = Open Storage
      B = Bath                          SR = Storage Room
      P = Porch                         (hand written note that is not discernable…?)

       Approximate area is living area shown on unit plans as “gross area” and does not
include attic area.




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Version 3.1                                                                 July 5, 2005

Appendix C: By-Laws
      Deer Cove Condominium

                                               Article I

                                      Purpose and Definitions

         Section 1. Purpose. The administration of Deer Cove Condominium (the
            “Condominium”) shall be governed by these By-Laws which are annexed to the
            Declaration of the Condominium and are made a part thereof, and all present
            and future holders of any interest in any Unit of the Condominium shall hold said
            interest subject to these By-Laws, as well as to the Declaration and any
            Condominium Rules subsequently promulgated thereunder and hereunder.
         Section 2. Definitions. Certain of the terms used in these By-Laws have been defined
            in the Declaration and, when used herein, shall have the same meaning as set
            forth in the Declaration, unless the context clearly indicates a different meaning
            therefore.

                                               Article II

                                         Board of Directors

         Section 1. Number. The affairs of the Condominium shall be administered by a
            Board of three, six or nine Directors as shall be determined from time to time by
            vote of the Unit Owners having not less than fifty-one percent (51%) in aggregate
            interests in the Condominium. Until the Declarant owns less than six (6) Units,
            there shall be not more than three Directors and the Declarant shall be entitled to
            designate two such Directors; provided however, that this restriction on the
            number of Directors and the right of the Declarant to designate a majority of the
            Board of Directors shall expire thirty (30) months after the date of Declaration
            and the Declarant shall have the right at any time to waive the above described
            restriction and right.
         Section 2. Terms of Office. Conformably with Section 479-A:18 of the New
            Hampshire Unit Ownership of Real Property Act, the Directors shall be elected
            for staggered terms as follows:
                    A. If there is a Board of three Directors, one Director for a term of three
            years, one Director for a term of two years, and one Director for a term of one
            year.
                    B. If there is a Board of six Directors, two Directors for a term of three
            years, two Directors for a term of two years, and two Directors for a term of one
            year.
                    C. If there is a Board of nine Directors, three Directors for a term of three
            years, three Directors for a term of two years, and three Directors for a term of
            one year.
                    The terms of office shall be calculated from the date of the first annual
            meeting of the Association of Owners after the Declarant’s right to designate a
            majority of the Board has expired or been waived.

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         Section 3. Resignation and Removal: Vacancies. Any member of the Board may
            resign at any time by written notice by him or his legal representative to the
            President, and any member may be removed (subject to the right of the
            Declarant to designate a majority of the Board granted in Section 1 above) from
            such position by two-thirds vote of the Owner’s total voting power ay any annual
            or special meeting provided that notice of such removal vote shall have been
            mailed to all Owners at least twenty (20) days prior to such meeting. Members of
            the Board shall serve their respective successors have been elected, or until
            death, resignation or removal; provided that if any member (or any member’s
            corporation) ceases to be an Owner, his membership on the Board shall
            thereupon terminate. Whenever a vacancy on the Board occurs due to death,
            resignation removal or a member’s (or a member’s corporation’s) no longer being
            an Owner, or due to any other cause, the remaining members of the Board shall
            fill the vacancy until the next annual meeting of the Association at which time any
            remaining unexpired term shall be filled by the Owners. If all positions on the
            Board are vacant at the same time, the Owners shall fill said vacancies.
         Section 4. Qualifications. Members of the Board shall be persons who are Owners.
            An officer of any Owner that is not a natural person may qualify to be a director.
         Section 5. Meetings. Regular meetings of the Board may be held at such times and
            places as shall be determined from time to time by the Board. Special meetings
            of the Board may be called by the President or any two (2) members of the
            Board. Notice of special and regular meetings shall be given in hand or mailed to
            each member of the Board at least seven (7) days prior to said meeting. The said
            notice shall set forth the time and place of the meeting and, in the case of a
            special meeting, the purpose for which it is being called. Such notice may be
            omitted provided that all members of the Board waive same in writing or are
            present at the meeting and no notice shall be necessary in the case of a meeting
            of the Board held immediately after and at the same place as the annual meting
            of the Owners.
         Section 6. Quorum. A majority of the Board shall constitute a quorum for the
            transaction of business, but less than a quorum may transact business if the
            remaining members of the Board subsequently assent in writing to the decisions
            of the Board by signing a copy of the minutes of the meeting, to be filed with the
            records of the Board. When a quorum is present at any meeting, the votes of the
            majority of the members in attendance shall decide any business brought before
            such meeting. The Board shall also transact without a meeting any business
            which it is authorized to transact at a meeting, provided that the members of the
            Board unanimously assent in writing to the decisions of the Board concerning
            such business by signing the official record of said decisions to be filed with the
            records of the Board.
         Section 7. Powers and Duties. The Board shall have the powers and duties
            specifically conferred upon it by the Act, the Declaration and these By-Laws and
            all other powers and duties necessary for the administration of the affairs of the
            Condominium, except as otherwise provided by law, the Declaration or these By-
            Laws, including, without limiting the generality of the foregoing, the power and
            duty to obtain the following items for the benefit of the Condominium, if they so
            determine, all of which items shall be paid for out of Common Expenses:



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                  (a) A policy or policies of fire insurance, with extended coverage
              endorsements, as required by Paragraph 6 of the Declaration;
                  (b) A public liability insurance policy or policies as required by Paragraph 6 of
              the Declaration;
                  (c) Such other insurance, including workman’s compensation insurance, as
              required by law or as the Board may determine;
                  (d) The services of a Manager, to the extent deemed advisable by the Board,
              to whom the Board, in its discretion, may delegate certain of its powers and
              duties, as well as the services of any other personnel as the Board may
              determine to be necessary or proper for the operation of the Condominium,
              whether such personnel are employed directly by the Board or are furnished by
              the Manager;
                  (e) Any legal and accounting services necessary or proper for the operation of
              the Condominium or the enforcement of the provisions of the Act, the
              Declaration, these By-Laws and the Condominium Rules (if any);
                  (f) In the discretion of the Board, a fidelity bond naming the Manager, if any,
              and any other persons as may be designated by the Board, as principals, and the
              Owners as obliges for the first year in an amount equal to at least fifty percent
              (50%) of the estimated cash requirement for Common Expenses for that year as
              determined pursuant to the terms of these By-Laws and for each year thereafter
              in an amount equal to at least fifty percent (50%) of the total sum collected as
              Common Expenses during the preceding year;
                  (g) Such painting, maintenance, repair and landscaping of the Common Area,
              and such furnishings, tools, equipment, appliances, and other personal property
              for the Common Area, as the Board shall determine are necessary or proper;
                  (h) Maintenance and repair of any Unit, if such maintenance or repair is
              reasonably necessary in the discretion of the Board to protect the Common Area
              or preserve the appearance and value of the Condominium, and the Owner of
              said Unit has failed or refused to perform said maintenance or repair within a
              reasonable time after written notice of the necessity of said maintenance or
              repair delivered by the Board to said Owner, provided that the Board shall levy a
              special assessment against said Owner for the cost of said maintenance or
              repair, but the Board shall maintain and charge the cost thereof as a Common
              Expense, all water supply systems and disposal systems, connections and pipes,
              servicing the Units up to the boundary of each Unit, in the case of disposal pipes,
              and up to but not including any water shut off valve (but in no event further than
              the boundary of the Unit) in the case of water supply pipes;
                  (i) Any emergency repairs to any Unit necessary to prevent damage to other
              parts of the Condominium;
                  (j) Any other materials, supplies, labor, services, maintenance, repairs,
              structural alterations, insurance, taxes or assessments which the Board is
              required to secure or pay for pursuant to the terms of the Declaration, these By-
              Laws or by-law or which in its opinion shall be necessary or proper for the
              operation of the Common Area or for the enforcement of the Declaration or of
              these By-Laws, provided than any such material, supplies, labor, services,
              maintenance, repairs, structural alterations, insurance, taxes or assessments are
              provided for particular Units, the cost thereof shall be specially assessed to the
              Owners of such Units.


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                   (k) To designate portions of the Common Area for visitor and guest parking
              and for extra parking, if required, to be assigned to Owners, without charge, if
              adequate parking in the Limited Common Area for such Owners is not available.
                   (l) For the summer season, which is the period from June 20 through the first
              Sunday after Labor Day, in each year the Condominium shall be supplied with
              trash collection, placement of docks and floats (so long as the same is permitted
              by the State of New Hampshire), electricity, gas, water and any other necessary
              utility services for the Common Area. For the entire year electricity to operate
              water pumps and water for the Units shall be supplied.

                      The Board’s power shall be limited in that it shall have no authority to
              acquire and pay for out of Common Expenses capital additions and
              improvements or structural alterations (other than for the purposes of replacing
              portions of the Common Area, subject to the provisions of the Declaration)
              having a cost in excess of Three Thousand Dollars ($3,000) unless such
              additions, improvements or alterations have been approved by Owners holding a
              majority of the total voting power.
                      The Board shall have the exclusive right to contract for all items referred to
              in this section 7, which right may be delegated by it.

                                                Article III

                                    Meetings of Association Owners

         Section 1. Annual Meeting. Commencing in 1977 the annual meeting of the
            Association of Owners shall take place on the second Saturday in June of each
            year at 2:00 p.m. on the Common Area or at such other reasonable place and
            time (not more than thirty (30) days before or after such date) as may be
            designated by written notice of the Board mailed or delivered to the Owners of
            record not less than twenty (20) days prior to the date fixed for said meeting. In
            addition to other business to be transacted at the annual meeting, the Board shall
            present a statement of the Common Expenses and assessments, itemizing
            receipts and disbursements for the preceding fiscal year, and a proposed budget
            of estimated Common Expenses and assessments for the next fiscal year. Within
            thirty (30) days after the annual meeting, a copy of the minutes of said meeting,
            including copies of said statement and budget, shall be mailed or delivered to the
            Owners not present at said meeting. The aforesaid notice may be omitted
            provided that all of the Owners are present at the meeting, or those not present
            waive said notice in writing after receiving the aforesaid minutes, or provided that
            the said meeting is actually held on the second Saturday in June commencing at
            or shortly after 2:00 p.m. Any such notice shall be deemed waived by an Owner
            who expressly waives notice in writing or who is present at any such meeting.
         Section 2. Special Meetings. Special meetings of the Owners may be called at any
            time for the purpose of considering matters which, by the terms of the
            Declaration, these By-Laws or the Act require the approval of the Owners, or for
            any other reasonable purpose. Said meetings shall be called by written notice,
            signed by a majority of the Board, or by the Owners having one-third (1/3) of the
            Owner’s total voting power and mailed or delivered to all Owners of record not
            less than twenty (20) days prior to the date fixed for said meeting. Said notice

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            shall specify the date, time and place of the meeting, and the purpose for which it
            is being called. Such notice may be omitted provided that all of the Owners are
            present at a meeting, or those not present waive such notice after receiving a
            copy of the minutes of said meeting. Any such notice shall be deemed waived by
            any Owner who expressly waives notice in writing or who is present at any such
            meeting.
         Section 3. Quorum. At any meeting of the Association, the presence in person of
            Owners holding at least twenty-five percent (25%) of the Owner’s total voting
            power shall constitute a quorum but less than a quorum may transact business if
            all of the Owners not present subsequently assent to the decisions made at said
            meeting by signing a copy of the minutes thereof to be filed with the records of
            the Association. When a quorum is present, unless otherwise provided in the
            Declaration, these By-Laws or the Act, a majority of the Owner’s total voting
            power present in person or by proxy shall decide any business brought before
            the meeting.
         Section 4. Voting. At any meeting of the Association, the Owners of each Unit
            including Declarant, shall be entitled to cast a number of votes equal to the
            ownership percentage attributable to that Unit as shown in Appendix B to the
            Declaration. Any Owner may attend and vote at such meeting in person, or by
            proxy (by instrument in writing signed by the Owner and filed with the Board).
            Where there is more than one record Owner of the same Unit, all of such
            persons may attend any such meeting, but it shall be necessary for said persons
            to act unanimously in order to cast the votes to which they are entitled. Where
            only one of such persons attends such meeting, he may vote for himself and as
            agent for any absent Owner of his Unit without proxy designation. Where none of
            such persons attends such meeting, any designation of proxy must be signed by
            all persons. Declarant shall be entitled to vote with respect to any Condominium
            owned by Declarant. In addition to the above proxy provisions an Owner may
            assign his right to vote to any first mortgage of record.

                                             Article IV

                                       Officers of Association

         Section 1. General. The officers of the Association shall be a President, a Secretary
            and a Treasurer, all of whom shall be elected annually by, and may be removed
            and replaced by, the Board. During the period that the Declarant holds two-thirds
            of the positions of members of the Board, Declarant, in its discretion, may hold
            any of the other offices of the Association. The Board may appoint an Assistant
            Secretary and an Assistant Treasurer and such other officers as, in its discretion,
            may be necessary. The President must be a member of the Board, but the other
            officers need not be members of the Board of Owners. The offices of Secretary
            and Treasurer may be held by the same person.
         Section 2. President. The President shall preside at meetings of the Board and shall
            have such other powers and duties as are provided in the Declaration, these By-
            Laws or by law and as are ordinarily exercised by the presiding officer of an
            association, including the appointment of committees from among the Owners,
            and as may be delegated to him by the Board or the Association from time to
            time.

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         Section 3. Secretary. The Secretary shall record the proceedings of meetings of the
            Board and of the Association, shall keep such records and all other records,
            documents and other papers of the Board and of the Association and shall have
            such other powers and duties as may be delegated to him by the Board or the
            Association from time to time.
         Section 4. Treasurer. The Treasurer shall be responsible for the funds of the
            Association and shall be responsible for keeping or having kept full and accurate
            financial records and books of account showing all receipts and disbursements of
            the Association and any other financial data required by the Board or the
            Association. He shall be responsible for the deposit of all funds in the name of
            the Board or the Association in such depositor as may be designated by the
            Board from time to time and shall have such other powers and duties as may be
            delegated to him by the Board or the Association from time to time. The Board
            may delegate such of the Treasurer’s powers and duties to the Manager as it
            deems to be advisable.

                                              Article V

                                        Common Expenses

         Section 1. Fiscal Year. The fiscal year of the Association shall be a twelve (12)
            month period running from July 1 to June 30 of each year.
         Section 2. Assessment. On or prior to May 20 of each year the Board shall estimate
            the Common Expenses to be required during the twelve (12) month period
            commencing with the following July 1. The Common Expenses shall include any
            amounts necessary to make up any deficit for the fiscal year just ended, a
            reasonable reserve for contingencies and replacements of Common Area, any
            amounts required for the purchase of a Condominium by the Association
            pursuant to Section 4 of this Article, any amounts required by an excess of repair
            and restoration costs over insurance proceeds pursuant to Paragraph 6(c)(i) of
            the Declaration and any other amounts required by the terms of the Declaration,
            these By-Laws or the Act. A proposed budget showing said estimated Common
            Expenses and Owner assessments shall be submitted to the annual meeting of
            the Association and shall be subject to change and approval at said meeting.
            Common Expenses shall be assessed to the Owners as of the following
            September 1 pursuant to the percentages set forth in Appendix B to the
            Declaration. Declarant will be liable for the amount of any assessment against
            completed Units owned by the Declarant. If said sum estimated proves
            inadequate for any reason, including nonpayment of any Owner’s assessment,
            the Board may at any time levy a further assessment, which shall be assessed to
            the Owners according to the aforementioned percentage unless otherwise
            provided herein. Each Owner shall be obligated pay the assessments made
            against him to the Board, and such payments shall be due in equal monthly
            installments on or before the first day of each month during the twelve (12) month
            period commencing with the following July 1, or in such other reasonable manner
            as the Board shall designate. In the event a Unit is rendered uninhabitable by fire
            or other casualty, the Board, in its discretion, may abate all or a portion of the
            Common Expenses assessed against the Owner of said Unit while it remains


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              uninhabitable. For the period ending June 30, 1977, the Common Expense
              budget shall be determined by the Declarant.

                   The failure of the Board to fix the assessment for such a twelve (12)
            month period prior to the commencement of such a period shall not be deemed a
            waiver or modification in any respect of the provisions hereof, or a release of the
            Owners from the obligation to pay the assessments, or any installment thereof for
            such period, but the assessment fixed for the preceding twelve (12) month period
            shall continue until a new assessment is fixed. Amendments to this Section shall
            be effective only upon unanimous written consent of the Owners. No Owner may
            exempt himself from liability for his assessment for the Common Expenses by
            waiver of the use or enjoyment of any of the Common Area or by abandonment
            of his Unit.
                   The assessment against each Owner for Common Expenses shall be
            determined by applying to projected Common Expenses for the year concerned
            such Owner’s interest in the Condominium as shown on Appendix B to the
            Declaration.
         Section 3. Records. The Treasurer or Manager shall keep detailed, accurate records
            in chronological order, of the receipts and expenditures by the Association for the
            Condominium, specifying and itemizing the maintenance and repair expenses
            and any other expenses incurred. Said records shall be available for examination
            by the Owners, or their agents, at convenient times.
         Section 4. Default in Payment of Assessments. Each monthly assessment of
            Common Expenses, and each special assessment shall be separate, distinct and
            personal debts and obligations of the Owner against whom the same are
            assessed and shall be collectible as such. Suit to recover money judgments for
            unpaid Common Expenses and unpaid special assessments shall be
            maintainable without foreclosing or waiving the lien securing the same. The
            amount of any monthly assessment or special assessment against any Owner
            plus interest at the rate of twelve percent (12%) per annum, and costs, including
            reasonable attorneys’ fees, shall constitute a lien upon the Condominium as
            provided in Section 22 of the Act, and the Owner shall be liable for such interest
            on each monthly or special assessment from the day of its default and any such
            costs, in addition to such assessment, provided that such interest and costs may
            be waived by the Board in any specific instance in its sole discretion. Such lien
            for nonpayment of assessment may be enforced by sale by the Board, such sale
            to be conducted in accordance with the provisions of law applicable to the
            exercise of powers of sale or foreclosure in mortgages. In any such sale or
            foreclosure, the Owner shall be required to pay the costs and expenses of such
            proceedings and reasonable attorneys’ fees. Upon the foreclosure of the lien for
            assessments against the Owner, the Owner shall immediately vacate the Unit
            and if he fails to do so he shall be liable for a reasonable rental while he remains
            in possession thereof. The Board shall have the power to purchase the Unit at
            foreclosure or other sale and to hold, lease, mortgage and convey the Unit
            thereafter.

                                              Article VI

                                           Miscellaneous

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         Section 1. Surplus. Any surplus of Common Expense payments by Owners over the
            actual expenses (including the reserve for contingencies and replacements)
            during a fiscal year of the Association shall be paid into the Common Expense
            fund for the following year as part of the reserve for replacements and
            contingencies for said following fiscal year.
         Section 2. Posting of Names of Officers. The Board shall post the names of the
            current members of the Board and of the other officers of the Association, from
            time to time, in a prominent location in the Common Area.
         Section 3. Administrative Rules and Regulations. The Directors may adopt, and from
            time to time amend, reasonable rules and regulations of uniform applicability to
            all Owners for the operation of the Condominium. The Owners, at any annual
            meeting, may, by a three-quarters vote (based on percentage interests in the
            Condominium), amend any rule or regulation and a rule or regulation so
            amended may be further amended by a further vote of three-quarters of the
            Owners.
         Section 4. Invalidity. The invalidity of any part of these By-Laws shall not impair or
            affect in any manner the validity, enforceability or effect of the balance hereof or
            of the Declaration.
         Section 5. Gender. The use of the masculine gender herein shall be deemed to
            include the feminine gender and the use of the singular shall be deemed to
            include the plural, whenever the context so requires.
         Section 6. Interpretation. The provisions of these By-Laws shall be liberally
            construed to effectuate its purpose of creating a uniform plan for the
            development and operation of a condominium project.
         Section 7. Amendment. The By-Laws may be amended in the same manner as set
            forth in Paragraph 22 of the Declaration.




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Appendix D – Building Composition Requirements
      Each of the buildings constituting the Condominium are to be described as follows:
         1. Composition
            (A.) No building has a basement.
            (B.) Buildings numbered 5 & 6 contain two stories each and no attic.
            (C.) Buildings numbered 1-4, 8, 10, 12, 13, 14, 16, 17, 18, 22-33 and 35 each
                 have one story with attic areas under the roof.
            (D.) Buildings numbered 7, 9, 11, 15, 19, 20, 34, 37 and 38 and the unnumbered
                 “A Frame” located on adjoining land each have one story with no attics.
            (E.) Buildings numbered 21 and 36 each have two stories with an attic.

          2. Principal Materials
             (A.) Foundations
                  All numbered buildings have concrete piers while the “A Frame”, being
                  unnumbered, has a concrete slab.

              (B.) Sidings
                   Buildings numbered 1-5, 8, 11-38 have wood siding. Buildings numbered 6,
                   7, 9 and 10 have masonite siding. The unnumbered “A Frame” is
                   constructed without siding.

              (C.) Roofs
                   Buildings numbered 2-5, 8, 10, 13-18, 21-27, 30-38 and the unnumbered “A
                   Frame” have asphalt shingled roofs. Building number 1 has an asphalt and
                   metal roof. Buildings numbered 12, 28 and 29 have asphalt and roll roofing.
                   Building number 11 has metal roofing. Buildings numbered 6, 7, 9, 19 and
                   20 have roll roofing.

       Building numbers are shown on the Site Plan and buildings which are units are further
described in Appendix B.




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First Amendment
      Deer Cove Condominium

      First Amendment to Declaration of Condominium dated August 31, 1976

      Deer Cove Development Corporation, being the Declarant of Deer Cove Condominium
and the sole owner of all units therein, and exercising its right under Section 4(f) of said
Declaration (which reserves to the Declarant ownership of all unsold units), pursuant to
Section 22, as such owner, does hereby amend such Declaration as follows:
          (a.) By amending Section 1(f) of the Declaration by substituting “Tract E” for “Tract
               D” in locating the existing “A-frame” building referred to therein.
          (b.) By amending Sections 22 and 23 by striking the last paragraph of Section 23,
               referring to amendments of the Declaration, and placing the same as a second
               paragraph in Section 22.
          (c.) By substituting for Appendix A a new and amended Appendix A, a copy of
               which in annexed hereto, which corrects certain errors of description therein
               which have been corrected by a confirmatory deed of even date and record
               herewith from T&G Enterprises, Inc. to the Declarant, and which makes certain
               additions and deletions in reserved rights.
          (d.) By amending Article II Section 1 of the By-Laws of Deer Cove Condominium
               appearing as Appendix C by inserting “six” after the words “own less than” in
               the first sentence of such Section 1.

      Witness its hand and seal this 2nd day of September, 1976 by George Costonis, its
President duly authorized.

                                                       Deer Cove Development Corporation

                                                       By __(signed by George Costonis)__
                                                          George Costonis, President

      COMMONWEALTH OF MASSACHUSETTS
      COUNTY OF SUFFOLK                                         September 2, 1976

       Personally appeared George Costonis and acknowledged the foregoing instrument to
be his free act and deed, before me,

              ___(signed and sealed by the Notary – name illegible – Kenneth A. Korf??)__

                                  LIBER 651 PAGE 349

On the side of this page (by the (a)…(d)) is a stamp reading:
CARROLL COUNTY REGISTRY
Received 9 AM Oct 29 1976
Percy Bealu (spelling??)



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Appendix A – First Correction
       Deer Cove Condominium shall consist of the following premises:

       (Changes to the original Appendix A are in bold and blue).

Parcel 1
        The land with the buildings thereon shown on “Plan of Land prepared for Deer Cove
Condominium located in Ossipee, New Hampshire” dated June 28, 1976 by Frank C. Gelinas
& Associates to be recorded herewith as part of the Building Plans of Deer Cove
Condominium, bounded and described as follows:
        Beginning at a point on the southwesterly corner of the intersection of the westerly side
of Lake Shore Road and the southerly side of a private way entitled Spaulding Road:
        Thence at a bearing of N63-45-15W along the southerly side of said Spaulding Road, a
distance of 122.16 feet to a point.
        Thence at a bearing of N63-24-39W along the southerly side of said Spaulding Road, a
distance of 143.56 feet to an iron pipe.
        Thence again at a bearing of N63-24-39W, a distance of 34.28 feet to a point which is
the center line intersection of said Spaulding Road with the center line of a private way entitled
Benson Road.
        Thence at a bearing of N39-48-33W, a distance of 24.56 feet to an iron pipe at land N/F
of Foster.
        Thence at a bearing of S55-07-21W, along land N/F of said Foster, a distance of 344.39
feet more or less to the high water mark of Patch Pond.
        Thence southerly by said Path Pond, a distance of 165.00 feet more or less to a point of
land N/F of T&G Enterprises, Inc.
        Thence at a bearing of S73-32-42E along land of said T&G Enterprises, Inc. a distance
of 187 feet more or less to a point.
        Thence at a bearing of S16-27-18W along land N/F of said T&G Enterprises, Inc., a
distance of 12.00 feet to a point.
        Thence at a bearing of N45-06-11E along land of owners unknown a distance of 26.40
feet to an iron pipe.
        Thence at a bearing of S73-29-07E along land of owners unknown a distance of 126.65
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 104.27
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 18.00
feet to a point which is on the westerly sideline of Lake Shore Road.
        Thence at a bearing of N23-59-48E along the westerly line of said Lake Shore Road, a
distance of 373.38 feet to the point of beginning.
        Said parcel contains 3.97+/- acres.

        Being a portion of the premises acquired by the Declarant by deed of T&G Enterprises,
Inc. of even date and record herewith.
        Said premises are subject to the following rights and privileges reserved by T&G
Enterprises, Inc. in said deed.




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       28. The right to pass and repass over the premises granted hereby, on foot and by
           vehicle or otherwise, on all ways, roads and walkways which may from time to time
           exist thereon, for the purpose of obtaining access to Lake Ossipee.
   (One item deleted)
       29. The right to use any well, and to draw reasonable quantities of water therefrom,
           which may at any time, and from time to time, be constructed on the granted
           premises, and for this purpose, and for the purpose of constructing a well or wells as
           hereinafter provided, to enter upon the granted premises and to install all
           connections and water lines thereto and to inspect and maintain the same, provided
           however, that no building shall be erected on said Tract E within 75 feet of such a
           well, other than recreational or parking facilities such as tennis courts, putting
           greens, or similar non-residential facilities, and no leaching field or septic system
           shall be constructed thereon within 200 feet from such a well. Grantor shall further
           have the right, at its expense, to construct for its benefit such a well, or wells,
           provided the same are installed in the general area designated for new well
           construction on the aforesaid plan of Deer Cove Condominium, dated June 28,
           1976, which is to be recorded herewith as part of the condominium building plans.
        30. The right to use for all purposes for which a public way may from time to time be
            used the roads, now known as Lake Shore Road, Garland Road, Benson Road and
            Spaulding Road, to the extent the grantor has the right to grant the same, together
            with the right, but not the obligation, to maintain and improve the same.
        Said premises are subject to the following rights as described in the aforesaid deed to
the Declarant:
        (A) the rights, if any, of those entitled thereto “to spring point for water” as set forth in a
deed from Lord to Spaulding recorded with Carroll Records in Book 128, Page 144;
        (B) the rights, if any, of those entitled thereto to use Lake Shore Road, Garland Road,
Benson Road and Spaulding Road.
        Said premises shall have the benefit of the following rights set forth in the aforesaid
deed to the Declarant:
        The right to enter upon the remaining land of T&G Enterprises, Inc. and to pass and
repass, but on foot only, for the purpose of obtaining access to that portion of the remaining
land of T&G Enterprises, Inc. as shown on a plan entitled “Easement Plan of Land located in
Ossipee, N.H.” dated July, 1976 by Frank C. Gelinas, said plan to be recorded herewith, and
said plan designating the area of passage permitted hereby, and the Condominium may
improve or reconstruct thereon, in the area shown on said plan as building area, a building;
and in connection therewith the Condominium may from time to time enter upon such
designated areas, and reasonable area adjacent thereto, by foot or otherwise, for the purpose
of maintaining or improving the same, or maintaining, improving or reconstructing any building
which may from time to time be owned by the Condominium thereon, reserving unto the
grantor, as the same may be specifically granted by the grantor, for the benefit of those
persons who from time to time are the owners of Tract E, as described in the aforesaid deed
from Deer Cove Lodge Resort, Inc. to T&G Enterprises, Inc. and to those persons claiming
under or through such owners, the right to use, (“without charge” removed) any building
from time to time existing upon such designated area, but subject to all reasonable rules and
regulations adopted by those persons having control of such buildings which are applicable to
all persons using the same, which rules may include the charging of a fee for use,
provided such fee is uniform for all such users and members of the condominium.

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        The Declarant further specifically reserves to itself for the benefit of the owners from
time to time of Parcel 2 described in the aforesaid deed to the Declarant, the same rights and
privileges reserved by T&G Enterprises, Inc. to the owners from time to time of Tract E set
forth in the aforesaid deed to the Declarant.
The premises are further subject to a mortgage held by The Carroll County Trust Company in
the amount of $113,000 as described in the aforesaid deed to the Declarant, which mortgage
shall be discharged or partially released as required by the Act.




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First Amendment – First Correction
      Deer Cove Condominium

      Corrected First Amendment to Declaration of Condominium dated August 31, 1976

      Deer Cove Development Corporation, being the Declarant of Deer Cove Condominium
and the sole owner of all units therein, and exercising its right under Section 4(f) of said
Declaration (which reserves to the Declarant ownership of all unsold units), pursuant to
Section 22, as such owner, does hereby amend such Declaration as follows:
          (e.) By amending Section 1(f) of the Declaration by substituting “Tract E” for “Tract
               D” in locating the existing “A-frame” building referred to therein.
          (f.) By amending Sections 22 and 23 by striking the last paragraph of Section 23,
               referring to amendments of the Declaration, and placing the same as a second
               paragraph in Section 22.
          (g.) By substituting for Appendix A a new and amended Appendix A, a copy of
               which in annexed hereto, which corrects certain errors of description therein
               which have been corrected by a confirmatory deed of even date and record
               herewith from T&G Enterprises, Inc. to the Declarant, and which makes certain
               additions and deletions in reserved rights.
          (h.) By amending Article II Section 1 of the By-Laws of Deer Cove Condominium
               appearing as Appendix C by inserting “six” after the words “own less than” in
               the first sentence of such Section 1.

      Witness its hand and seal this 2nd day of September, 1976 by George Costonis, its
President duly authorized.

Witness:                                               Deer Cove Development Corporation

___(signed by the Notary – name illegible)__           By __(signed by George Costonis)__
                                                          George Costonis, President

      COMMONWEALTH OF MASSACHUSETTS
      COUNTY OF SUFFOLK                                         January 20, 1977

       Personally appeared George Costonis and acknowledged the foregoing instrument to
be his free act and deed, before me,

                                  ___(signed and sealed by the Notary – name illegible)__

                                  LIBER 651 PAGE 440

On the side of this page (by the (a)…(d)) is a stamp reading:
CARROLL COUNTY REGISTRY
Received 11:45 AM Feb 9 1977
Percy Bealu (spelling??)




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First Amendment – Second Correction
      Deer Cove Condominium

      Corrected First Amendment to Declaration of Condominium dated August 31, 1976

      Deer Cove Development Corporation, being the Declarant of Deer Cove Condominium
and the sole owner of all units therein, and exercising its right under Section 4(f) of said
Declaration (which reserves to the Declarant ownership of all unsold units), pursuant to
Section 22, as such owner, does hereby amend such Declaration as follows:
          (i.) By amending Section 1(f) of the Declaration by substituting “Tract E” for “Tract
               D” in locating the existing “A-frame” building referred to therein.
          (j.) By amending Sections 22 and 23 by striking the last paragraph of Section 23,
               referring to amendments of the Declaration, and placing the same as a second
               paragraph in Section 22.
          (k.) By substituting for Appendix A a new and amended Appendix A, a copy of
               which in annexed hereto, which corrects certain errors of description therein
               which have been corrected by a confirmatory deed of even date and record
               herewith from T&G Enterprises, Inc. to the Declarant, and which makes certain
               additions and deletions in reserved rights.
          (l.) By amending Article II Section 1 of the By-Laws of Deer Cove Condominium
               appearing as Appendix C by inserting “six” after the words “own less than” in
               the first sentence of such Section 1.

      Witness its hand and seal this 2nd day of September, 1976 by George Costonis, its
President duly authorized.

Witness:                                               Deer Cove Development Corporation

___(signed by the Notary – name illegible)__           By __(signed by George Costonis)__
                                                          George Costonis, President

      COMMONWEALTH OF MASSACHUSETTS
      COUNTY OF SUFFOLK                                         January 20, 1977

      Personally appeared George Costonis and acknowledged the
              as President of Deer Cove Development Corporation
      foregoing instrument to be his free act and deed, before me,

                                  ___(signed and sealed by the Notary – name illegible)__

                                  LIBER 655 PAGE 07

On the side of this page (by the (a)…(d)) is a stamp reading:
CARROLL COUNTY REGISTRY
Received 9 AM March 20 1977
Percy Bealu (spelling??)



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Appendix A – Second Correction
       Deer Cove Condominium shall consist of the following premises:

       (Changes to the original Appendix A are in bold and blue).

Parcel 1
        The land with the buildings thereon shown on “Plan of Land prepared for Deer Cove
Condominium located in Ossipee, New Hampshire” dated June 28, 1976 by Frank C. Gelinas
& Associates to be recorded herewith as part of the Building Plans of Deer Cove
Condominium, bounded and described as follows:
        Beginning at a point on the southwesterly corner of the intersection of the westerly side
of Lake Shore Road and the southerly side of a private way entitled Spaulding Road:
        Thence at a bearing of N63-45-15W along the southerly side of said Spaulding Road, a
distance of 122.16 feet to a point.
        Thence at a bearing of N63-24-39W along the southerly side of said Spaulding Road, a
distance of 143.56 feet to an iron pipe.
        Thence again at a bearing of N63-24-39W, a distance of 34.28 feet to a point which is
the center line intersection of said Spaulding Road with the center line of a private way entitled
Benson Road.
        Thence at a bearing of N39-48-33W, a distance of 24.56 feet to an iron pipe at land N/F
of Foster.
        Thence at a bearing of S55-07-21W, along land N/F of said Foster, a distance of 344.39
feet more or less to the high water mark of Patch Pond.
        Thence southerly by said Path Pond, a distance of 165.00 feet more or less to a point of
land N/F of T&G Enterprises, Inc.
        Thence at a bearing of S73-32-42E along land of said T&G Enterprises, Inc. a distance
of 187 feet more or less to a point.
        Thence at a bearing of S16-27-18W along land N/F of said T&G Enterprises, Inc., a
distance of 12.00 feet to a point.
        Thence at a bearing of N45-06-11E along land of owners unknown a distance of 26.40
feet to an iron pipe.
        Thence at a bearing of S73-29-07E along land of owners unknown a distance of 126.65
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 104.27
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 18.00
feet to a point which is on the westerly sideline of Lake Shore Road.
        Thence at a bearing of N23-59-48E along the westerly line of said Lake Shore Road, a
distance of 373.38 feet to the point of beginning.
        Said parcel contains 3.97+/- acres.

        Being a portion of the premises acquired by the Declarant by deed of T&G Enterprises,
Inc. of even date and record herewith.
        Said premises are subject to the following rights and privileges reserved by T&G
Enterprises, Inc. in said deed.




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       31. The right to pass and repass over the premises granted hereby, on foot and by
           vehicle or otherwise, on all ways, roads and walkways which may from time to time
           exist thereon, for the purpose of obtaining access to Lake Ossipee.
   (One item deleted)
       32. The right to use any well, and to draw reasonable quantities of water therefrom,
           which may at any time, and from time to time, be constructed on the granted
           premises, and for this purpose, and for the purpose of constructing a well or wells as
           hereinafter provided, to enter upon the granted premises and to install all
           connections and water lines thereto and to inspect and maintain the same, provided
           however, that no building shall be erected on said Tract E within 75 feet of such a
           well, other than recreational or parking facilities such as tennis courts, putting
           greens, or similar non-residential facilities, and no leaching field or septic system
           shall be constructed thereon within 200 feet from such a well. Grantor shall further
           have the right, at its expense, to construct for its benefit such a well, or wells,
           provided the same are installed in the general area designated for new well
           construction on the aforesaid plan of Deer Cove Condominium, dated June 28,
           1976, which is to be recorded herewith as part of the condominium building plans.
        33. The right to use for all purposes for which a public way may from time to time be
            used the roads, now known as Lake Shore Road, Garland Road, Benson Road and
            Spaulding Road, to the extent the grantor has the right to grant the same, together
            with the right, but not the obligation, to maintain and improve the same.
        Said premises are subject to the following rights as described in the aforesaid deed to
the Declarant:
        (A) the rights, if any, of those entitled thereto “to spring point for water” as set forth in a
deed from Lord to Spaulding recorded with Carroll Records in Book 128, Page 144;
        (B) the rights, if any, of those entitled thereto to use Lake Shore Road, Garland Road,
Benson Road and Spaulding Road.
        Said premises shall have the benefit of the following rights set forth in the aforesaid
deed to the Declarant:
        The right to enter upon the remaining land of T&G Enterprises, Inc. and to pass and
repass, but on foot only, for the purpose of obtaining access to that portion of the remaining
land of T&G Enterprises, Inc. as shown on a plan entitled “Easement Plan of Land located in
Ossipee, N.H.” dated July, 1976 by Frank C. Gelinas, said plan to be recorded herewith, and
said plan designating the area of passage permitted hereby, and the Condominium may
improve or reconstruct thereon, in the area shown on said plan as building area, a building;
and in connection therewith the Condominium may from time to time enter upon such
designated areas, and reasonable area adjacent thereto, by foot or otherwise, for the purpose
of maintaining or improving the same, or maintaining, improving or reconstructing any building
which may from time to time be owned by the Condominium thereon, reserving unto the
grantor, as the same may be specifically granted by the grantor, for the benefit of those
persons who from time to time are the owners of Tract E, as described in the aforesaid deed
from Deer Cove Lodge Resort, Inc. to T&G Enterprises, Inc. and to those persons claiming
under or through such owners, the right to use, (“without charge” removed) any building
from time to time existing upon such designated area, but subject to all reasonable rules and
regulations adopted by those persons having control of such buildings which are applicable to
all persons using the same, which rules may include the charging of a fee for use,
provided such fee is uniform for all such users and members of the condominium.

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        The Declarant further specifically reserves to itself for the benefit of the owners from
time to time of Parcel 2 described in the aforesaid deed to the Declarant, the same rights and
privileges reserved by T&G Enterprises, Inc. to the owners from time to time of Tract E set
forth in the aforesaid deed to the Declarant.
The premises are further subject to a mortgage held by The Carroll County Trust Company in
the amount of $113,000 as described in the aforesaid deed to the Declarant, which mortgage
shall be discharged or partially released as required by the Act.




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Second Amendment

Second Amendment to the Declaration of Condominium dated August 31, 1976

Deer Cove Development Corporation, being the Declarant of Deer Cove Condominium and the
sole owner of all units therein, and exercising its right under Section 4(f) of said Declaration
(which reserves to the Declarant ownership of all unsold units), pursuant to Section 22, as
such owner, does hereby amend such Declaration as follows:

       Appendix A annexed to the Declaration of Condominium, as heretofore amended, is
   further amended by adding at the end thereof, the following:
       “Said premises are further granted a right of way to and from the premises to the public
   road over roads as located on the face of the earth and appurtenant to said premises.”

Witness its hand and seal this 7th day of April, 1977 by George Costonis, its President duly
authorized.

Witness:                                 Deer Cove Development Corporation:

__(signature of Barbara J. Costonis)__ By __(signature of George Costonis)__
                                          George Costonis, President

COMMONWEALTH OF MASSACHUSETSS
COUNTY OF SUFFOLK         April 7th, 1977

       Personally appeared George Costonis and acknowledged the foregoing instrument to
be the free act and deed of Deer Cove Development Corporation, before me,

   __(signature and seal of Notary Public – name illegible)__

       T&G Enterprises, Inc., grantor to Deer Cove Development Corporation of the premises
which are the subject of the Declaration of Condominium pursuant to corrected deed dated
September 2, 1976 and recorded with Carroll County Registry of Deeds in Book 641, Page
344 joins herein in granting to the condominium the aforesaid right of way.

   Signed and sealed on the day and year first above written.

Witness:                                 T&G Enterprises, Inc.:

__(signature of Barbara J. Costonis)__ By __(signature of George Costonis)__
                                          George Costonis, President

COMMONWEALTH OF MASSACHUSETSS
COUNTY OF SUFFOLK         April 7th, 1977

   Personally appeared George Costonis and acknowledged the foregoing instrument to be
the free act and deed of T&G Enterprises, Inc., before me,
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   __(signature and seal of Notary Public – name illegible)__

                                        LIBER 657 PAGE 428




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Third Amendment

                THIRD AMENDMENT TO THE DECLARATION OF CONDOMINIUM
                              DATED AUGUST 31, 1976
                           RECORDED BOOK 634, PAGE 379

                         First Amendment Recorded Book 641, Page 349
                    Corrected First Amendment Recorded Book 651, Page 440
                    Corrected First Amendment Recorded Book 655, Page 07
                       Second Amendment Recorded Book 657, Page 428

        AMENDMENT made this 28th day of July, 1986 by owners holding more than seventy-
five percent (75%) of the total voting power of the Deer Cove Condominium and its Association
of Owners and by Deer Cove Realty Trust of Wolfeboro, New Hampshire as successor to Deer
Cove Development Corporation (sometimes hereinafter called the “Declarant”), in accordance
with the provisions of the New Hampshire Revised Statues annotated and the case of Martin et
als v. Sands et als, Carroll County Superior Court Case #81-E-022 dated June 11, 1984.
Pursuant to the provisions of said Decree one of the intentions of this Amendment is to
establish the manner in which old units shall be removed from the Condominium and
replacement units shall be added. In order to preserve the rights conferred upon Deer Cove
Realty Trust by said Decree, all area not submitted hereunder is designated convertible space
which may be converted at a later date, not to exceed three years from the date of this
amendment. Accordingly, the Declaration dated August 31, 1976 and the previous
amendments thereto are amended as follows:
        The following numbered paragraphs are contained in the Declaration dated August 31,
1976, as amended by instrument or by Court Decree shall be deleted and new numbered
paragraphs containing the same numbers as hereinafter set forth shall be substituted in their
place:
        Paragraph numbered 1(b), 1(c), 1(e), 1(f), 1(g), 1(h), 1(j), 1(p);
        Paragraph numbered 2;
        Paragraph numbered 3;
        Paragraph numbered 4(b);
        Paragraph numbered 7;
        Paragraph numbered 8;
        Paragraph numbered 9;
        Paragraph numbered 11(b);
        Paragraph numbered 12;
        Paragraph numbered 13;
        Paragraph numbered 18;
        Paragraph numbered 22;
        Appendix A;
        Appendix B;
        Appendix C;
        Appendix D;
        The following numbered paragraphs shall be added to the Declaration as paragraph
numbered 24;
        24. Units torn down by Deer Cove Realty Trust and Improvements made.
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        Units 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 16, 17, 20, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35,
36 and 37 owned by Deer Cove Realty Trust shall be allowed to be torn down and replaced by
thirty-two (32) one bedroom newly constructed units. Any of the other units which Deer Cove
Realty Trust may acquire (either unit 1, 2, 8, 18, 19, 21, 22 or 23) shall be allowed to be torn
down and replaced by newly constructed units containing no more bedrooms that was
contained in the units torn down. The design of the new units, their location and their
redistribution of the undivided percentage in the Deer Cove Condominiums that the torn down
unit had among the new units, is left to the sole and complete discretion of Deer Cove Realty
Trust. Accordingly, new units shall be allowed to be placed in any location within the Common
Area. Deer Cove Realty Trust shall also have the right to install septic systems, all or a portion
of water system or systems, and to locate any of the foregoing anywhere within the Common
Area of the Condominium. In addition Deer Cove Realty Trust shall be authorized to do such
other things as may be authorized from time to time by the Board of Directors of the
Condominium Association or by a vote of the Owners of the Association, as the case mat be.

       The new replacement numbered paragraphs and new Appendix A, B, C and D are as
follows:
             1. (b) “Declarant” means Deer Cove Development Corporation, a New
       Hampshire corporation which has made and executed this Declaration. It shall also
       mean David S. Sands as successor Trustee of Deer Cove Realty Trust and his
       successor or assign or the successor of Deer Cove Realty Trust.
              1. (c) “Act” means the New Hampshire Unit Ownership of Real Property Act
       (Chapter 479-A of the New Hampshire Revised Statutes Annotated 1955), as amended
       from time to time. and as superceded by RSA 356:B, as amended from time to time,
       however the same shall apply.
               1. (e) “Unit” shall mean a portion of the Condominium designed and intended for
       individual ownership and use including one or more rooms or enclosed spaces located
       on one or more floors (or part or parts thereof) in the Condominium, and with a direct
       exit to a common area. Ownership of a Unit includes an undivided interest in the
       Common Area. A convertible space shall be treated as a unit.
             1. (f) “Common Area” or “Common Areas” means all portions of the
       Condominium other than units. It would include the description and exclusion of
       Common Area included in paragraph 2. (d) hereof. It would also include all personal
       property of the Condominium
              1. (g) “Limited Common Area” means that portion of the Common Area which is
       reserved for the exclusive use of the owner or owners of a certain unit or units to the
       exclusion of the owners of other units and which is more particularly described in
       Paragraph 2(e) hereof.
             1. (h) “By Laws” means this instrument annexed hereto as Appendix C and
       hereby made a part hereof.
             1. (j) “Association” or “Association of Owners” or “Condominium Association”
       means the Owners acting as a group in accordance with the Act, the Declaration and
       the By-Laws.
              1. (p) “Site Plan” means a perimeter of the plan entitled “Plan of land prepared
       for Deer Cove Condominium” dated June 28, 1976, a copy of which is recorded in the
       Carroll County Registry of Deeds and as from time to time amended by virtue of the
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      recording of new Site Plan or Plans which would show the land area constituting the
      Condominium and the elimination or addition, from time to time, of buildings, easements
      and convertible land all as depicted on said “Site Plan.”


   2. Items required by the Act.
   The name of the Condominium is “Deer Cove Condominium.”
   The Condominium is located in Ossipee, Carroll County.
             (a.)   Description of Land. A description of the land on which the Buildings and
      other improvements in the Condominium are located is contained in Appendix A to this
      Declaration, which is hereby made a part hereof. This land is submitted subject to and
      with the benefits of the restrictions and easements as set forth in Appendix A.
             (b.)   Description of Buildings. The buildings constituting the Condominium are
      described in Appendix D hereto as may be amended from time to time. Provided,
      however, that pursuant to the decision in the matter of Martin et als v. Sands et als
      Carroll County Superior Court #81-E-022 dated June 11, 1984, those units which
      existed as of June 11, 1984, shall continue to exist as originally declared until such time
      as (and from time to time as) Appendix B and/or D are amended and plans are recorded
      showing the removal and extinction of each such unit and the relocation and building of
      new units.
              (c.)   Description of Units. The unit number of each of the units and a statement
      of the location of each, approximate area, number of rooms and percentage of
      ownership of the Common Area is contained in Appendix B hereto as from time to time
      amended. The percentage of undivided ownership of any building which is not torn
      down or removed shall not be changed from that percentage which is presently
      contained in Appendix B. The boundaries of each of the Units with respect to the floors,
      ceilings and the walls, doors and windows are through the exterior surface thereof.
      However, if the unit is connected to another Unit by a common wall, the unit would
      consist of the space enclosed by the vertical Unit boundaries which are the vertical
      planes of the innermost unfinished surface of the dry wall or the interior walls dividing
      the Unit from other Units; the horizontal boundary shall be the unfinished interior surface
      of the concrete floor and the outermost unfinished surface of the dry wall of the ceiling.
             (d.)  Description of the Common Area. The Common Area of the Condominium
      consists of:
                       i.  All portions of the Condominium other than the Units, the land area
                of which is described in Appendix A together with, and subject to, all rights,
                easements, restrictions and agreements of record so far as the same may be
                in force, and whether or not set forth at length in Appendix A. Subject,
                however, to the rights of declarant as set forth in paragraph 13 (c).
                      ii.  All conduits, ducts, plumbing, wiring and other facilities for the
                furnishing of utility services or waste removal to the extent the same are
                located outside the boundaries of a unit, and any such facilities contained
                within any unit, which serves parts of the Condominium other than the unit
                within which such facilities are contained, any portion of a building which is
                not a part of a unit, together with an easement of access thereto for
                maintenance, repair, and replacement, as aforesaid;
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                      iii. All common equipment wherever located in, on or around the
                 buildings or the waterfront;
                       iv.   The yards, lawns, gardens, walkways, parking areas and the
                 improvements thereon and thereof, including walls, bulkheads, railings, steps,
                 lighting fixtures and planters;
              (e.)  Limited Common Area. With reference to any unit not torn down, the
      Limited Common Area as described in paragraph 2. (e) of the Declaration dated August
      31, 1976 and recorded in the Carroll County Registry of Deeds at Book 634, Page 379
      shall apply. As to any units torn down by Deer Cove Realty Trust and replaced by new
      units, the Limited Common Area will be that space or land utilized by any attached
      entryway, patio, deck, storage area or porch; together with the area of land located
      immediately adjacent to any new unit which the Condominium Association, from time to
      time, designates as a parking area for that unit excepting:
                        i. The right of the Association to maintain utility and telephone
                           installations, and present and (??cannot read the word – furnish??)
                           utility lines, pipes, conduits, sub-surface sewage disposal systems,
                           or parts thereof, over or under said Limited Common Area.
                        ii. Present and future drives and walkways as may be provided by the
                            Board.
                (f.) Description of Common Area which may be delineated as Limited Common
        Area. The Common Area of the Condominium which may be delineated as limited
        Common Area with the exception of 2. (e) and 13 (c) (vii) is none
        4. (b) The Common Area shall not be used in a manner which is inconsistent with the
residential character of the Condominium except for such uses as are normally accessory to
the permitted commercial uses set forth in paragraph 4 (a) above. No one shall obstruct,
commit any waste in, or otherwise cause any damage beyond reasonable wear and tear to the
Common Area and nothing shall be stored in the Common Area or Limited Common Area
without the prior written consent of the Board. Nothing shall be altered, construed in, or
removed from, the Common Area or any Limited Common Area without prior written consent of
the Board. To the extent the Condominium has either ownership, proprietary or any other
rights or interests in the shoreline property or waters of Ossipee Lake or Patch Pond no unit
owner shall place or construct or remove anything or any item in such area without the prior
written consent of the Board and what other local, state or federal agency or agencies that
might have jurisdiction thereover.
        7. Extent of Ownership and Possession by Owner. Each Owner shall own an undivided
interest in the Common Area which shall be deemed to be conveyed or encumbered with the
unit even though it is not expressly mentioned or described in the instrument of conveyance or
encumbrance.

        8. Owner’s Obligation to Repair. Each Owner shall, at his or her own expense, keep his
or her Unit and its equipment and appurtenances and attached Limited Common Area, in good
order, condition and repair and in a clean and sanitary condition, and shall do all redecorating,
painting, varnishing and staining to the interior of the Unit which may at any time be necessary
to maintain the good appearance and condition of his or her Unit. In addition, any Owner of a
detached Unit (a Unit not attached to any other Unit) shall do all redecorating, painting,
staining and varnishing which may at any time be necessary to maintain the exterior of said
Unit in a neat appearing manner, shall periodically have all chimneys cleaned so as to prevent
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fire and have metal stove pipe replaced if in an unsightly or deteriorating condition. He or she
shall also keep the roof in good condition, repair and appearance and shall reshingle the roof
at reasonable intervals. In addition to redecorating, and keeping the (cannot read the line – cut
off of the paper) of the Unit in good repair, each Owner shall be responsible for the appliance,
heating equipment or lighting fixture and other property which is not Common Area, and which
is located in his or her Unit. Each Owner shall immediately notify the Manager or a member of
the Board of any damage to or malfunction of any pipe, wire or other utility installation which is
Common Area adjoining his or her Unit. No owner shall permit any repair or other work (minor
repairs excepted) in his or her Unit by anyone unless such repair or other work is performed in
compliance with all governmental laws, ordinances, rules and regulations. If the Owner fails to
so act, the Association may so act and charge the Owner with the cost thereof, to be enforced
in the same manner as a failure of such Owner to pay common expense.
        9. Prohibition Against Structural Changes by Owner. No Owner shall, without first
satisfying the requirements regarding repair or other work set for in Section 8 above, and, in
addition, obtaining written consent from the Board: (i) make or permit to be made any structural
alteration, improvement, or addition in or to his or her Unit or in or to any other part of the
Condominium, (ii) impair any easement or right or personal property which is a part of the
Condominium or (iii) paint or decorate any portion of any Common Area therein. This provision
shall not apply to Deer Cove Realty Trust or its successor or assigns.

        11. (b) Notwithstanding anything herein contained, the provisions of this Section 11
shall not apply to Units at any time owned by the Declarant, or Deer Cove Realty Trust or its
successor or assigns as the developer of the project, nor shall such provisions be applicable to
the holder of a first mortgage on a Unit, provided the same be a bank, trust company,
insurance company, federal savings and loan association, mortgage company or similar
institutional type lender, nor shall such provisions be applicable to Deer Cove Realty Trust,
Davis S. Sands, Richard G. Hammer, or the holder of any purchase money mortgage granted
as part of the first sale of any Unit under this Declaration by Deer Cove Realty Trust or its
successors or assigns.
        12. Assessments. Each Owner shall pay all Common Expenses assessed against such
Owner, and all other assessments made against such Owner by the Board in accordance with
the terms of the Declaration and By-Laws as from time to time amended and the Decree dated
June 11, 1984; and all sums so assessed but unpaid shall be secured by a lien as provided in
Section 22 of the Act. No Owner shall convey, mortgage, sell, lease, or license (for more than
one year) a Unit unless and until the Owner shall have paid in full to the Board all such sums
theretofore assessed by the Board against his or her Condominium, which are due and unpaid.
Within ten (10) days after receiving an appropriate request and payment of a reasonable fee,
not to exceed Ten Dollars ($10.00), the Board shall supply a certificate executed by any one of
its members stating the amount of any unpaid Common Expense or other assessments
secured by a lien against any particular Unit in accordance with the Act, the Declaration and
the By-Laws, and the amount thereof which is then due, and the amounts so stated shall be
conclusively established as of such date, in favor of all persons who rely thereon in good faith,
as against the Association. A purchaser of a Unit be liable for the payment of any assessments
against said Unit prior to its acquisition by him or her which are unpaid as of the time of said
acquisition, whether or not such assessments are then due, except that a first mortgagee or
other purchaser at the foreclosure sale of a first mortgage lien or at a sale in lieu of such
foreclosure, and a purchaser from a first mortgagee who purchases at such a foreclosure sale
or such a sale in lieu of foreclosure, shall not be liable for the payment of assessments unpaid


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and due as of the time of his or her acquisition but shall be liable for unpaid assessments
becoming due thereafter.
        A lien for unpaid Common Expenses or other assessments shall be subordinate to any
first mortgage lien of record and to certain tax liens, as provided in Section 22 of the Act.
        13. Eminent Domain, Old Units Torn Down, New Additional Units and Convertible Land.
        (a) Eminent Domain. In the event of a taking under power of eminent domain of a part
or all of the Condominium, the Condominium and each Unit Owner shall be represented by the
Board in any resulting negotiations, administrative, or judicial proceedings and the entire award
shall be paid to the Board as trustees for the Owners.
                   (i) Total taking. In the event the entire Condominium is taken, the Board shall
                   take steps to terminate the Condominium in accordance with the Act and shall
                   pay to each Owner and the mortgagee; if any, of such Owner’s interest, as
                   their respective interests appear, his proportionate share in accordance with
                   his interest in the Condominium.
                  (ii) Partial taking not destroying Units. In the event of a partial taking which
                  results in a loss of Common Area or Limited Common Area, but no loss of
                  any Units, the criterion and procedures for the restoration of the
                  Condominium provided for in Section 6(c) (relating to the repair and
                  restoration of damage from casualty loss) shall apply.
                  (iii) Partial taking destroying Units. Where one or more Units have been taken
                  or so altered by the taking as to be, for practical purposes, not habitable, the
                  Board shall allocate and pay to each Owner of a Unit so taken or rendered
                  uninhabitable (subject to the rights of the mortgagee, if any, of such Unit) so
                  much of the taking award as is allocable to such Unit. The Board shall make
                  provision for the realignment of percentage interests of Owners in the
                  Condominium to reflect any diminution in the number of Units by reason of a
                  partial taking.


       Any Owner aggrieved by the Board’s allocation of a taking award may bring a
proceeding before any tribunal of competent jurisdiction to ascertain his just share or may do
so by a petition for arbitration to be conducted in accordance with the rules of the American
Arbitration Association.
       As to the restoration of the balance of the Condominium, the criterion and procedure of
Section 6(c) shall apply.
       (b) Old Units Torn Down – New Additional Units.
                  (i) In the event any Unit owned by Deer Cove Realty Trust is torn down, new
                  Units shall be able to be constructed by Deer Cove Realty Trust on the
                  following basis. In place of Units 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 16, 17, 20, 24,
                  25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36 and 37 thirty-two new Units can be
                  constructed; in place of Unit #8 two new Units can be constructed; in place of
                  Unit #23 one new Unit can be constructed; in place of Unit #23 one new Unit
                  can be constructed; in place of Unit #21 three new Units can be constructed;
                  in place of Unit #18 two new Units can be constructed; in place of Unit #1
                  three new Units can be constructed; in place of Unit #22 three new Units can
                  be constructed; in place of Unit #2 one new Unit can be constructed; in place
                  of Unit #19 one new Unit can be constructed.


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                (ii) The Owner of any Unit torn down by Deer Cove Realty Trust shall not be
                assessed for any monthly maintenance fee until the conditions of Paragraph
                13 (b) (iii) have been met.
                 (iii) Once any new Unit constructed by Deer Cove Realty Trust is habitable
                 and has been conveyed by Deer Cove Realty Trust to a third party the
                 monthly maintenance fee shall be assessed.
      (C) Convertible Land.
      Pursuant to the provisions of RSA 356-B:16 (II) the declarant hereby reserves
convertible land within the condominium as follows:
                 (i) The legal description of the convertible land shall be the same as that
                 contained within Appendix A attached hereto excepting, and reserving
                 therefrom, all that land which is defined within these declarations as common
                 area, limited common area, or submitted land as shown on a plan of land to
                 be recorded herewith entitled “As-built Site Plan of Deer Cove
                 Condominiums” prepared by White Mountain Survey Company, Inc. and
                 dated: July 1, 1986, signed by the Ossipee Planning Board on July 7, 1986.
                 All other real estate depicted upon said plan shall be deemed to be
                 convertible space.
                (ii) The maximum number of units which may be created within said
                convertible space is 48.
                (iii) All units within said convertible land shall be subjected to the same
                residential restrictions as that land which is submitted under these
                declarations.
                (iv) The units to be constructed within the convertible land shall be
                substantially similar to those units submitted under this Amendment to the
                Declaration (which were not in existence on or before June 11, 1984), in
                terms of quality of construction, the principle materials to be used and
                architectural style; to wit, units N1, N2, N3, N4, N5 and N6. The units within
                the convertible space shall not be substantially similar to any of the units in
                existence prior to June 11, 1984; to wit units 1, 2, 22, etc.
                (v) The declarant may make other improvements to the convertible space
                such as roads, paths, storage areas, common facilities and buildings for
                utilities and maintenance, landscaping, common facilities for unit holders of
                the condominium, swimming pools, tennis courts, and other recreational
                facilities and such other buildings, paths, roads, canals, ditches, drainage
                areas, septic or sewage disposal systems and other facilities reasonable
                necessary to the conversion, marketing and enjoyment of the condominium in
                the sole and exclusive judgment of the declarant or its assigns.
                (vi) Any units created within each convertible land will be substantially
                identical to the units on other portions of the submitted land, except as
                defined above in paragraph (iv) and except to the extent that up to three (3)
                buildings may have units constructed over units and may be different in their
                floor plans, total area, appearance and design.
                (vii) The declarant reserves the right to create limited common and/or
                designate common areas within the convertible land. The creation of limited

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                   common areas shall be restricted to the creation of limited common rights in
                   decks, porches, patios, entryways, storage areas, yards of no greater size
                   than that as detailed upon the plans for units N1 through N6, Limited
                   Common Areas for parking spaces similar in size to those depicted for units
                   N1 through N6. The maximum number for each such area shall be two per
                   unit with regard to parking spaces. In addition, the convertible space may
                   include limited common areas in the form of attics and basements and other
                   facilities within each unit created herein.
       18. Notices. All notices hereunder, and under the By-Laws and the Act, to the
Association, the Board and the Manager shall be sent by registered or certified mail to Deer
Cove Realty Trust, P.O. Box 143, Wolfeboro, New Hampshire or to such other address as the
Declarant may designate from time to time by notice in writing to the Board. All notices to any
Owner shall be sent by registered or certified mail to the Condominium or to such other
address as may be designated by him from time to time, in writing, to the Board. All notices
shall be deemed to have been given when mailed, except notices of change of address which
shall be deemed to have been given when received, and except as otherwise provided herein.
       22. Amendments. Except as otherwise provided herein and in any law which would
govern, the provisions of this Declaration may be amended by an instrument in writing signed
and acknowledged by Owners holding two-thirds (2/3) of the total voting power hereunder,
which amendment shall be effective upon recording at the Carroll County registry of Deeds.
       Provided, however, that for a period of three years from the date of the recordation of
this declaration, these declarations and the by-laws hereunder shall not be amended except
upon the express consent and approval of the declarant. Declarant’s approval may only be
evidenced by the signature of the declarant upon any amendment. Declarant reserves the right
to amend the declaration and by-laws at any time during the first three years following
recordation of this declaration and for the purpose of converting convertible space, or land.
    IN WITNESS WHEREOF, the undersigned has executed this instrument this 18th day of
    September, 1986.


                                                   DEER COVE REALTY TRUST

                                        By: __(signature of Richard G. Hammer)__
                                        Richard G. Hammer, Trustee of the Deer Cove Realty
                                        Trust and as Declarant
   STATE OF NEW HAMPSHIRE
   COUNTY OF CARROLL                                   September 18, 1986
      Personally appeared Richard G. Hammer, Trustee of Deer Cove Realty Trust and as
Declarant and acknowledged the foregoing to be his free act and deed, before me,
                                         __(signature of Notary Public - illegible)__
                                         Notary Public
                                         My Commission Expires:
                                         Justice of the Peace (written in by hand)
      I, David S. Sands, President and I, Dennis Sands, Treasurer of the Deer Cove
Condominium Association do hereby certify pursuant to R.S.A. 356-8:34 that a meeting of the
Association duly called for the purpose of considering amendments to the declaration of the
condominium that the foregoing amendments were approved by the required majority.
                                          __(signature illegible – presumably David Sands)__

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                                          President

                                             __(signature illegible – presumably Dennis Sands)__
                                            Treasurer
        I, Gail A McNeil, Secretary of the Deer Cove Condominium Association do hereby
certify that at a meeting duly called for the purpose of amending the condominium declaration
of Deer Cove Condominiums that 86.1213% voted in favor and 13.8787% voted against the
foregoing amendments and accordingly they were passed.
                                             __(signature illegible – presumably Gail McNeil)__
                                            Secretary
    STATE OF NEW HAMPSHIRE
   COUNTY OF CARROLL                                    September 18, 1986

        Personally appeared David S. Sands, President, Dennis Sands, Treasurer, Gail A.
McNeil, of the Deer Cove Condominium Association and acknowledged the foregoing to be
their free act and deed, before me,
                                        __(signature of Notary Public - illegible)__
                                        Notary Public

Appendix A – Description of Premises
       Deer Cove Condominium shall consist of the following premises:

       (Changes to the Appendix A - Second Correction are in bold and blue).

Parcel 1
       The land with the buildings thereon shown on “Plan of Land prepared for Deer Cove
Condominium located in Ossipee, New Hampshire” dated June 28, 1976 by Frank C. Gelinas
& Associates to be recorded herewith as part of the Building Plans of Deer Cove
Condominium, bounded and described as follows:
       Beginning at a point on the southwesterly corner of the intersection of the westerly side
of Lake Shore Road and the southerly side of a private way entitled Spaulding Road:
       Thence at a bearing of N63-45-15W along the southerly side of said Spaulding Road, a
distance of 122.16 feet to a point.
       Thence at a bearing of N63-24-39W along the southerly side of said Spaulding Road, a
distance of 143.56 feet to an iron pipe.
       Thence again at a bearing of N63-24-39W, a distance of 34.28 feet to a point which is
the center line intersection of said Spaulding Road with the center line of a private way entitled
Benson Road.
       Thence at a bearing of N39-48-33W, a distance of 24.56 feet to an iron pipe at land N/F
of Foster.
       Thence at a bearing of S55-07-21W, along land N/F of said Foster, a distance of 344.39
feet more or less to the high water mark of Patch Pond.
       Thence southerly by said Path Pond, a distance of 165.00 feet more or less to a point of
land N/F of T&G Enterprises, Inc.
       Thence at a bearing of S73-32-42E along land of said T&G Enterprises, Inc. a distance
of 187 feet more or less to a point.


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        Thence at a bearing of S16-27-18W along land N/F of said T&G Enterprises, Inc., a
distance of 12.00 feet to a point.
        Thence at a bearing of N45-06-11E along land of owners unknown a distance of 26.40
feet to an iron pipe.
        Thence at a bearing of S73-29-07E along land of owners unknown a distance of 126.65
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 104.27
feet to a stone bound.
        Thence at a bearing of S63-38-29E along land of owners unknown a distance of 18.00
feet to a point which is on the westerly sideline of Lake Shore Road.
        Thence at a bearing of N23-59-48E along the westerly line of said Lake Shore Road, a
distance of 373.38 feet to the point of beginning.
        Said parcel contains 3.97+/- acres.

       Being a portion of the premises acquired by Deer Cove Development Corporation
from deed of T&G Enterprises, Inc.
       Said premises are subject to the following rights and privileges reserved by T&G
Enterprises, Inc. in said deed, and all rights and privileges reserved by T&G Enterprises,
Inc. shall pass to David Sands, Trustee of the Deer Cove Realty Trust and David S.
Sands as Trustee of the Dorianne and Daphne Lynne Trusts. David S. Sands as Trustee
of the Deer Cove Realty Trust and its successors and assigns and David S. Sands as
Trustee of the Dorianne and Daphne Lynne Trusts, their successors and assigns shall
also have the same rights and privileges reserved by T&G Enterprises in said deed.
       1. The right to pass and repass over the premises granted hereby, on foot and by
           vehicle or otherwise, on all ways, roads and walkways which may from time to time
           exist thereon, for the purpose of obtaining access to Lake Ossipee.
      2. The right to use any well, and to draw reasonable quantities of water therefrom,
         which may at any time, and from time to time, be constructed on the granted
         premises, and for this purpose, and for the purpose of constructing a well or wells as
         hereinafter provided, to enter upon the granted premises and to install all
         connections and water lines thereto and to inspect and maintain the same, provided
         however, that no building shall be erected on said Tract E within 75 feet of such a
         well, other than recreational or parking facilities such as tennis courts, putting
         greens, or similar non-residential facilities, and no leaching field or septic system
         shall be constructed thereon within 200 feet from such a well. Grantor shall further
         have the right, at its expense, to construct for its benefit such a well, or wells,
         provided the same are installed in the general area designated for new well
         construction on the aforesaid plan of Deer Cove Condominium, dated June 28,
         1976, which is to be recorded herewith as part of the condominium building plans.
         Deer Cove Water Company, Inc. shall have the right to enter upon the land to
         construct, repair and maintain water lines, well houses, pumping stations and
         all other items incidental to the water systems and to run electrical and utility
         lines over and under the premises and to use a portion of the premises for
         erecting, operating and servicing a pumping station. With all limitation, Deer
         Cove Water Company, Inc. shall have the right at anytime to go upon the
         granted premises to construct, repair or maintain a water system and to do all
         things incidental thereto.


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       3. The right to use for all purposes for which a public way may from time to time be
           used the roads, now known as Lake Shore Road, Garland Road, Benson Road and
           Spaulding Road, to the extent the grantor has the right to grant the same, together
           with the right, but not the obligation, to maintain and improve the same.
       Said premises are subject to the following rights as described in the aforesaid deed to
the Declarant:
       (A) the rights, if any, of those entitled thereto “to spring point for water” as set forth in a
deed from Lord to Spaulding recorded with Carroll Records in Book 128, Page 144;
       (B) the rights, if any, of those entitled thereto to use Lake Shore Road, Garland Road,
Benson Road and Spaulding Road.
       Said premises shall have a right-of-way to and from the premises to the public
road over roads as located on the face of the earth and appurtenant to said premises
and shall bear the cost of maintaining Garland Road as a lighted private road. A
conveyance Road to the town shall be void this obligation.




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Appendix B: Description of Units
     Unit                   Approximate        Percentage
Number               Area (sq. ft.)     of Undivided
                                        Interest
      1                     894                3.86020
      2                     494                3.30890
      3                     469                3.40080
      8                     604                3.03310
      18                    624                3.12500
      19                    386                2.75740
      21                    979                3.40080
      22                    1530               3.95220
      23                    624                3.40080
      n1                    2086               3.87560
      n2                    2086               3.87560
      n3                    2086               3.87560
      n4                    2086               3.87560
      n5                    2086               3.87560
      n6                    2086               3.87560
      n7                    2086               3.87560
      n8                    2086               3.87560
      n9                    2086               3.87560
      n10                   2086               3.87560
      n11                   2086               3.87560
      n12                   2086               3.87560
      n13                   2086               3.87560
      n14                   2086               3.87560
      n15                   2086               3.87560
      n16                   2086               3.87560
      n17                   2086               3.87560
      n18                   2086               3.87560
      Totals:               44192              100.00000

        Note: This schedule is subject to amendment to the provisions of the ACT and this
amendment on Convertible Land. In addition, the undivided percentage interest appertaining to
old units as noted above is established under Martin v. Sands et al, Carroll County Superior
Court Case #81-E-022 and is not subject to change except for those units which are
purchased by Deer Cove Realty Trust, its successors or assigns, are torn down or removed
and are replaced by new units all as provided for in the aforementioned Court Case of Martin
v. Sands et al.
        Old Units are identified by a lack of an “n” at the beginning of the Unit number. See
Appendix B of the declaration recorded at Book 634, Page 379 for a description of the units
listed above. New units, units having an “n” at the beginning of the unit number, have a walk-
out first floor level with patio; a kitchen, half-bath, living/dining area and deck on the second
level; two baths, a bedroom and study/family room on the third level; and a loft on the fourth
level.

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       For the old units, approximate area is living area shown on unit plans as “gross area”
and does not include attic area. On the new units the approximate area is framing dimensions
and is not the final engineer certified square footage.




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Appendix C: By-Laws
      Changes are in bold and blue.
      Email amendment made at June 2003 annual meeting.

      Deer Cove Condominium

                                              Article I

                                      Purpose and Definitions

         Section 1. Purpose. The administration of Deer Cove Condominium Association
            (a/k/a the association of owners) shall be governed by these By-Laws which
            are annexed to the Declaration of the Condominium and are made a part thereof,
            and all present and future holders of any interest in any Unit of the Condominium
            shall hold said interest subject to these By-Laws, as well as to the Declaration
            and any Condominium Rules subsequently promulgated thereunder and
            hereunder.
         Section 2. Definitions. Certain of the terms used in these By-Laws have been defined
            in the Declaration and, when used herein, shall have the same meaning as set
            forth in the Declaration, unless the context clearly indicates a different meaning
            therefore.

                                              Article II

                                         Board of Directors

         Section 1. A. Number. The affairs of the Condominium shall be administered by a
            Board of three, six or nine Directors as shall be determined from time to time by
            vote of the Unit Owners having not less than fifty-one percent (51%) in aggregate
            interests in the Condominium. Until the Declarant owns less than six (6) Units,
            there shall be not more than three Directors and the Declarant shall be entitled to
            designate two such Directors; provided however, that this restriction on the
            number of Directors and the right of the Declarant to designate a majority of the
            Board of Directors shall expire June 1, 1987 and the Declarant shall have the
            right at any time to waive the above described restriction and right. The two
            directors designated by the declarant shall not be required to be owners.
         Section 1. B. First Board, Officers and Term. The first Board of Directors, the
            officers of the Association and their term of office are as follows:

              Carl B. Martin III, Assistant Secretary and Director through June 1987.
              David S. Sands, Secretary, Treasurer and Director through June 1986.
              Dennis Sands, President and Director through June 1985.

         Section 2. Terms of Office. Conformably with Section 479-A:18 of the New
            Hampshire Unit Ownership of Real Property Act, the Directors shall be elected
            for staggered terms as follows:



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                    A. If there is a Board of three Directors, one Director for a term of three
            years, one Director for a term of two years, and one Director for a term of one
            year.
                    B. If there is a Board of six Directors, two Directors for a term of three
            years, two Directors for a term of two years, and two Directors for a term of one
            year.
                    C. If there is a Board of nine Directors, three Directors for a term of three
            years, three Directors for a term of two years, and three Directors for a term of
            one year.
                    The terms of office shall be calculated from the date of the first annual
            meeting of the Association of Owners after the Declarant’s right to designate a
            majority of the Board has expired or been waived.
         Section 3. Resignation and Removal: Vacancies. Any member of the Board may
            resign at any time by written notice by him or his legal representative to the
            President, and any member may be removed (subject to the right of the
            Declarant to designate a majority of the Board granted in Section 1 above) from
            such position by two-thirds vote of the Owner’s total voting power at any annual
            or special meeting provided that notice of such removal vote shall have been
            mailed or emailed as provided in Article VI, Section 8 to all Owners at least
            twenty (20) days prior to such meeting. Members of the Board shall serve until
            their respective successors have been elected, or until death, resignation or
            removal; provided that if any member (or any member’s corporation) ceases to
            be an Owner, his membership on the Board shall thereupon terminate.
            Whenever a vacancy on the Board occurs due to death, resignation removal or a
            member’s (or a member’s corporation’s) no longer being an Owner, or due to any
            other cause, the remaining members of the Board shall fill the vacancy until the
            next annual meeting of the Association at which time any remaining unexpired
            term shall be filled by the Owners. If all positions on the Board are vacant at the
            same time, the Owners shall fill said vacancies. For the purpose of this
            section, however, the two directors designated by the Declarant shall not
            be required to be Owners.
         Section 4. Qualifications. Members of the Board shall be persons who are Owners.
            An officer of any Owner that is not a natural person may qualify to be a director.
            However, the two directors designated by the Declarant shall not be
            required to be owners.
         Section 5. Meetings. Regular meetings of the Board may be held at such times and
            places as shall be determined from time to time by the Board. Special meetings
            of the Board may be called by the President or any two (2) members of the
            Board. Notice of special and regular meetings shall be given in hand, mailed to or
            delivered via email as provided in Article VI, Section 8 to each member of the
            Board at least seven (7) days prior to said meeting. The said notice shall set forth
            the time and place of the meeting and, in the case of a special meeting, the
            purpose for which it is being called. Such notice may be omitted provided that all
            members of the Board waive same in writing or are present at the meeting and
            no notice shall be necessary in the case of a meeting of the Board held
            immediately after and at the same place as the annual meting of the Owners.
         Section 6. Quorum. A majority of the Board shall constitute a quorum for the
            transaction of business, but less than a quorum may transact business if the
            remaining members of the Board subsequently assent in writing to the decisions

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            of the Board by signing a copy of the minutes of the meeting, to be filed with the
            records of the Board. When a quorum is present at any meeting, the votes of the
            majority of the members in attendance shall decide any business brought before
            such meeting. The Board shall also transact without a meeting any business
            which it is authorized to transact at a meeting, provided that the members of the
            Board unanimously assent in writing to the decisions of the Board concerning
            such business by signing the official record of said decisions to be filed with the
            records of the Board.
            The Board shall also transact without a meeting any business which it is
            authorized to transact at a meeting, provided that all members of the Board are
            notified via email and acknowledge, via email, receipt of the notification. The
            Board may vote on issues before the Board via email. In this case the President
            is required to keep copies (printed or electronic copies) of all emails that contain
            Board member votes for a period of 18 months.
         Section 7. Powers and Duties. The Board shall have the powers and duties
            specifically conferred upon it by the Act, the Declaration and these By-Laws and
            all other powers and duties necessary for the administration of the affairs of the
            Condominium, except as otherwise provided by law, the Declaration or these By-
            Laws, including, without limiting the generality of the foregoing, the power and
            duty to obtain the following items for the benefit of the Condominium, if they so
            determine, all of which items shall be paid for out of Common Expenses:

                  (a) A policy or policies of fire insurance, with extended coverage
              endorsements, as required by Paragraph 6 of the Declaration;
                  (b) A public liability insurance policy or policies as required by Paragraph 6 of
              the Declaration;
                  (c) Such other insurance, including workman’s compensation insurance, as
              required by law or as the Board may determine;
                  (d) The services of a Manager, to the extent deemed advisable by the Board,
              to whom the Board, in its discretion, may delegate certain of its powers and
              duties, as well as the services of any other personnel as the Board may
              determine to be necessary or proper for the operation of the Condominium,
              whether such personnel are employed directly by the Board or are furnished by
              the Manager;
                  (e) Any legal and accounting services necessary or proper for the operation of
              the Condominium or the enforcement of the provisions of the Act, the
              Declaration, these By-Laws and the Condominium Rules (if any);
                  (f) In the discretion of the Board, a fidelity bond naming the Manager, if any,
              and any other persons as may be designated by the Board, as principals, and the
              Owners as obliges for the first year in an amount equal to at least fifty percent
              (50%) of the estimated cash requirement for Common Expenses for that year as
              determined pursuant to the terms of these By-Laws and for each year thereafter
              in an amount equal to at least fifty percent (50%) of the total sum collected as
              Common Expenses during the preceding year;
                  (g) Such painting, maintenance, repair and landscaping of the Common Area,
              and such furnishings, tools, equipment, appliances, and other personal property
              for the Common Area, as the Board shall determine are necessary or proper;
                  (h) Maintenance and repair of any Unit, if such maintenance or repair is
              reasonably necessary in the discretion of the Board to protect the Common Area

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              or preserve the appearance and value of the Condominium, and the Owner of
              said Unit has failed or refused to perform said maintenance or repair within a
              reasonable time after written notice of the necessity of said maintenance or
              repair delivered by the Board to said Owner, provided that the Board shall levy a
              special assessment against said Owner for the cost of said maintenance or
              repair, but the Board shall maintain and charge the cost thereof as a Common
              Expense, all water supply systems and disposal systems, connections and pipes,
              servicing the Units up to the boundary of each Unit, in the case of disposal pipes,
              and up to but not including any water shut off valve (but in no event further than
              the boundary of the Unit) in the case of water supply pipes;
                  (i) Any emergency repairs to any Unit necessary to prevent damage to other
              parts of the Condominium;
                  (j) Any other materials, supplies, labor, services, maintenance, repairs,
              structural alterations, insurance, taxes or assessments which the Board is
              required to secure or pay for pursuant to the terms of the Declaration, these By-
              Laws or by-law or which in its opinion shall be necessary or proper for the
              operation of the Common Area or for the enforcement of the Declaration or of
              these By-Laws, provided than any such material, supplies, labor, services,
              maintenance, repairs, structural alterations, insurance, taxes or assessments are
              provided for particular Units, the cost thereof shall be specially assessed to the
              Owners of such Units.
                  (k) To designate Limited Common Area adjacent to each Unit as parking
              for each Unit. To designate portions of the Common Area for visitor and guest
              parking and for extra parking, if required, to be assigned to Owners, without
              charge, if adequate parking in the Limited Common Area for such Owners is not
              available.
                  (l) (reworded) The Condominium shall be supplied with trash collection,
              placement of docks and floats (so long as the same is permitted by the State of
              New Hampshire), electricity, water and any other necessary utility services for
              the Common Area. For the entire year electricity to operate water pumps and
              water for the Units shall be supplied.
                  (l.A) Upon a vote of owners holding more than 66 2/3% of the total voting
              power of the Deer Cove Condominium authorizing the same the Board shall be
              authorized to execute and convey deeds granting or releasing rights, restrictions
              and easements, sign mortgages, deeds, notes, releases, settlements, contracts,
              and without limitation, do all things incidental thereto or in furtherance thereof.
                  (m) To repair or replace drywells, sewerage lines, septic tanks, septic
              systems or any parts thereof with a centralized septic system or a series or
              a number of septic systems and to repair or replace pipes, water lines,
              pumps, wells, and all other parts of a water system or systems with
              connections to a centralized water system or a series of water sources and
              to relocate, remove, renovate or create recreational area, paths, gardens,
              parks and all types of landscaping changes and/or improvements. To
              install, upgrade and pave all roads and parking areas on the premises and
              off the premises (as long as they serve the premises) to install walkways,
              electrical lights, waterfront items such as docks, or replacement docks,
              rafts, float lines, moorings, beach improvements and repairs, to provide
              drainage, underground electricity, fences and walls; and to provide all
              other items incidental thereto.

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                  (n) The initial cost of getting water to each Unit, sewage disposal to
              each Unit, installing, upgrading and paving all roads and parking areas on
              the premises and off premises (as long as they service the premises),
              providing walkways, electrical lights, waterfront items such as docks, rafts,
              float lines, moorings, beach improvements and repairs, drainage,
              landscaping to the entire premises, underground electricity to the entire
              area, fences, walls and all other items incidental thereto shall be paid for by
              the Owners, their heirs, administrators, executors, successors or assigns
              holding record title as of June 10, 1986. These items shall be paid for by
              special assessments and shall be independent of the monthly
              Condominium fees.
                      The Board’s power shall be limited in that it shall have no authority to
              acquire and pay for out of Common Expenses capital additions and
              improvements or structural alterations (other than for the purposes of replacing
              portions of the Common Area, subject to the provisions of the Declaration)
              having a cost in excess of Three Thousand Dollars ($3,000) unless such
              additions, improvements or alterations have been approved by Owners holding a
              majority of the total voting power.
                      The Board shall have the exclusive right to contract for all items referred to
              in this section 7, which right may be delegated by it.

                                                Article III

                                    Meetings of Association Owners

         Section 1. Annual Meeting. Commencing after 1986 the annual meeting of the
            Association of Owners shall take place on the 4th Saturday in May of each year
            at 2:00 p.m. on the Common Area or at such other reasonable place and time
            (not more than thirty (30) days before or after such date) as may be designated
            by written notice of the Board mailed, delivered to or emailed as provided in
            Article VI, Section 8 to the Owners of record not less than fourteen (14) days
            prior to the date fixed for said meeting. In addition to other business to be
            transacted at the annual meeting, the Board shall present a statement of the
            (removed) preceding fiscal year, and a proposed budget of estimated Common
            Expenses and assessments for the next fiscal year. Within thirty (30) days after
            the annual meeting, a copy of the minutes of said meeting, including copies of
            said statement and budget, shall be mailed, delivered to or emailed as provided
            in Article VI, Section 8 to the Owners not present at said meeting. The aforesaid
            notice may be omitted provided that all of the Owners are present at the meeting,
            or those not present waive said notice in writing after receiving the aforesaid
            minutes, or provided that the said meeting is actually held on the 4th Saturday in
            May commencing at or shortly after 2:00 p.m. Any such notice shall be deemed
            waived by an Owner who expressly waives notice in writing or who is present at
            any such meeting.
         Section 2. Special Meetings. Special meetings of the Owners may be called at any
            time for the purpose of considering matters which, by the terms of the
            Declaration, these By-Laws or the Act require the approval of the Owners, or for
            any other reasonable purpose. Said meetings shall be called by written or email
            as provided in Article VI, Section 8 notice, signed by a majority of the Board, or

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            by the Owners having one-third (1/3) of the Owner’s total voting power and
            mailed, delivered to or emailed as provided in Article VI, Section 8 to all Owners
            of record not less than fourteen (14) days prior to the date fixed for said meeting.
            Said notice shall specify the date, time and place of the meeting, and the
            purpose for which it is being called. Such notice may be omitted provided that all
            of the Owners are present at a meeting, or those not present waive such notice
            after receiving a copy of the minutes of said meeting. Any such notice shall be
            deemed waived by any Owner who expressly waives notice in writing or who is
            present at any such meeting.
         Section 3. Quorum. At any meeting of the Association, the presence in person of
            Owners holding at least twenty-five percent (25%) of the Owner’s total voting
            power shall constitute a quorum but less than a quorum may transact business if
            all of the Owners not present subsequently assent to the decisions made at said
            meeting by signing a copy of the minutes thereof to be filed with the records of
            the Association. When a quorum is present, unless otherwise provided in the
            Declaration, these By-Laws or the Act, a majority of the Owner’s total voting
            power present in person or by proxy shall decide any business brought before
            the meeting.
         Section 4. Voting. At any meeting of the Association, the Owners of each Unit
            including Declarant, shall be entitled to cast a number of votes equal to the
            ownership percentage attributable to that Unit as shown in Appendix B to the
            Declaration. Any Owner may attend and vote at such meeting in person, or by
            proxy (by instrument in writing signed by the Owner and filed with the Board).
            Where there is more than one record Owner of the same Unit, all of such
            persons may attend any such meeting, but it shall be necessary for said persons
            to act unanimously in order to cast the votes to which they are entitled. Where
            only one of such persons attends such meeting, he may vote for himself and as
            agent for any absent Owner of his Unit without proxy designation. Where none of
            such persons attends such meeting, any designation of proxy must be signed by
            all persons. Declarant shall be entitled to vote with respect to any Condominium
            owned by Declarant. In addition to the above proxy provisions an Owner may
            assign his right to vote to any first mortgage of record.

                                              Article IV

                                       Officers of Association

         Section 1. General. The officers of the Association shall be a President, a Secretary
            and a Treasurer, all of whom shall be elected annually by, and may be removed
            and replaced by, the Board. During the period that the Declarant holds two-thirds
            of the positions of members of the Board, Declarant, in its discretion, may hold
            any of the other offices of the Association. The Board may appoint an Assistant
            Secretary and an Assistant Treasurer and such other officers as, in its discretion,
            may be necessary. The President must be a member of the Board, but the other
            officers need not be members of the Board of Owners. The offices of Secretary
            and Treasurer may be held by the same person.
         Section 2. President. The President shall preside at meetings of the Board and shall
            have such other powers and duties as are provided in the Declaration, these By-
            Laws or by law and as are ordinarily exercised by the presiding officer of an

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            association, including the appointment of committees from among the Owners,
            and as may be delegated to him by the Board or the Association from time to
            time.
         Section 3. Secretary. The Secretary shall record the proceedings of meetings of the
            Board and of the Association, shall keep such records and all other records,
            documents and other papers of the Board and of the Association and shall have
            such other powers and duties as may be delegated to him by the Board or the
            Association from time to time.
         Section 4. Treasurer. The Treasurer shall be responsible for the funds of the
            Association and shall be responsible for keeping or having kept full and accurate
            financial records and books of account showing all receipts and disbursements of
            the Association and any other financial data required by the Board or the
            Association. He shall be responsible for the deposit of all funds in the name of
            the Board or the Association in such depositor as may be designated by the
            Board from time to time and shall have such other powers and duties as may be
            delegated to him by the Board or the Association from time to time. The Board
            may delegate such of the Treasurer’s powers and duties to the Manager as it
            deems to be advisable.

                                             Article V

                                       Common Expenses

         Section 1. Fiscal Year. The fiscal year of the Association shall be a twelve (12)
            month period running from June 1 to May 31 of each year.
         Section 2. Assessment. On or prior to the annual meeting of the Owners of each
            year the Board shall estimate the Common Expenses to be required during the
            twelve (12) month period commencing with the following June 1. If there is any
            deficit for the prior year there will be a special assessment made and
            distributed to each Owner at the annual meeting which shall be paid within
            thirty (30) days. The Common Expenses for the twelve (12) month period
            shall include a reasonable reserve for contingencies and replacements of
            Common Area, any amounts required for the purchase of a Condominium by the
            Association pursuant to Section 4 of this Article, any amounts required by an
            excess of repair and restoration costs over insurance proceeds pursuant to
            Paragraph 6(c)(i) of the Declaration and any other amounts required by the terms
            of the Declaration, these By-Laws or the Act. A proposed budget showing said
            estimated Common Expenses and Owner assessments shall be submitted to the
            annual meeting of the Association and shall be subject to change and approval at
            said meeting. Common Expenses shall be assessed to the Owners as of the
            following June 1 pursuant to the percentages set forth in Appendix B to the
            Declaration. Declarant will be liable for the amount of any special
            assessments to the amount of Declarant’s percentage of undivided
            Ownership. All other Owners will be liable for the amount of any
            assessment as per the percentages set forth in Appendix B to the
            Declaration. Declarant and Owners shall be liable for the monthly payment
            of Common Expenses for only those Units which are habitable and which
            comply with Section 13 (b) (iii) of the Declaration and has a hot water tank
            and a kitchen. All special assessments and the monthly Common

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              Expenses (the monthly Condominium fees) shall be paid within thirty (30)
              days or interest at the rate of eighteen (18%) percent per annum shall
              accrue thereon until paid. If the sum estimated for Common Expenses
              proves inadequate for any reason, including nonpayment of any Owner’s
              assessment, the Board may at any time levy a further assessment, which shall
              be assessed to the Owners according to the aforementioned percentages, unless
              otherwise provided herein. Each Owner shall be obligated pay the assessments
              made against him to the Board, and such payments shall be due, in respect to
              the expenses in equal monthly installments on or before the first day of each
              month following the twelve (12) month period commencing with the following
              June 1, or in such other reasonable manner as the Board shall designate. All
              special assessments shall be due and payable within thirty (30) days. In the
              event a Unit is rendered uninhabitable by fire or other casualty, or is partially or
              completely torn down, the Board, in its discretion, may abate all or a portion of
              the Common Expenses assessed against the Owner of said Unit while it remains
              uninhabitable.

                   The failure of the Board to fix the assessment for such a twelve (12)
            month period prior to the commencement of such a period shall not be deemed a
            waiver or modification in any respect of the provisions hereof, or a release of the
            Owners from the obligation to pay the assessments, or any installment thereof for
            such period, but the assessment fixed for the preceding twelve (12) month period
            shall continue until a new assessment is fixed. Amendments to this Section shall
            be effective only upon unanimous written consent of the Owners. No Owner may
            exempt himself from liability for his assessment for the Common Expenses by
            waiver of the use or enjoyment of any of the Common Area or by abandonment
            of his Unit.
                   The assessment against each Owner for Common Expenses shall be
            determined by applying to projected Common Expenses for the year concerned
            such Owner’s interest in the Condominium as shown on Appendix B to the
            Declaration.
         Section 3. Records. The Treasurer or Manager shall keep detailed, accurate records
            in chronological order, of the receipts and expenditures by the Association for the
            Condominium, specifying and itemizing the maintenance and repair expenses
            and any other expenses incurred. Said records shall be available for examination
            by the Owners, or their agents, at convenient times.
         Section 4. Default in Payment of Assessments. Each monthly assessment of
            Common Expenses, and each special assessment shall be separate, distinct and
            personal debts and obligations of the Owner against whom the same are
            assessed and shall be collectible as such. Suit to recover money judgments for
            unpaid Common Expenses and unpaid special assessments shall be
            maintainable without foreclosing or waiving the lien securing the same. The
            amount of any monthly assessment or special assessment against any Owner
            plus interest at the rate of eighteen percent (18%) per annum, and costs,
            including reasonable attorneys’ fees, shall constitute a lien upon the
            Condominium as provided in Section 22 of the Act, and the Owner shall be liable
            for such interest on each monthly or special assessment from the day of its
            default and any such costs, in addition to such assessment, provided that such
            interest and costs may be waived by the Board in any specific instance in its sole

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              discretion. Such lien for nonpayment of assessment may be enforced by sale by
              the Board, such sale to be conducted in accordance with the provisions of law
              applicable to the exercise of powers of sale or foreclosure in mortgages. In any
              such sale or foreclosure, the Owner shall be required to pay the costs and
              expenses of such proceedings and reasonable attorneys’ fees. Upon the
              foreclosure of the lien for assessments against the Owner, the Owner shall
              immediately vacate the Unit and if he fails to do so he shall be liable for a
              reasonable rental while he remains in possession thereof. The Board shall have
              the power to purchase the Unit at foreclosure or other sale and to hold, lease,
              mortgage and convey the Unit thereafter.
                     To the extent this Section 4 is inconsistent with RSA 356-B:46 the
              provisions contained in RSA 356-B:46 shall govern and all provisions
              contained in RSA 356-B:46 are incorporated herein by reference.

                                              Article VI

                                            Miscellaneous

         Section 1. Surplus. Any surplus of Common Expense payments by Owners over the
            actual expenses (including the reserve for contingencies and replacements)
            during a fiscal year of the Association shall be paid into the Common Expense
            fund for the following year as part of the reserve for replacements and
            contingencies for said following fiscal year.
         Section 2. Posting of Names of Officers. The Board shall post the names of the
            current members of the Board and of the other officers of the Association, from
            time to time, in a prominent location in the Common Area.
         Section 3. Administrative Rules and Regulations. The Directors may adopt, and from
            time to time amend, reasonable rules and regulations of uniform applicability to
            all Owners for the operation of the Condominium. The Owners, at any annual
            meeting, may, by a three-quarters vote (based on percentage interests in the
            Condominium), amend any rule or regulation and a rule or regulation so
            amended may be further amended by a further vote of two-thirds of the Owners.
            The initial residency rules and regulations are attached hereto and shall be
            deemed adopted until amended.
         Section 4. Invalidity. The invalidity of any part of these By-Laws shall not impair or
            affect in any manner the validity, enforceability or effect of the balance hereof or
            of the Declaration.
         Section 5. Gender. The use of the masculine gender herein shall be deemed to
            include the feminine gender and the use of the singular shall be deemed to
            include the plural, whenever the context so requires.
         Section 6. Interpretation. The provisions of these By-Laws shall be liberally
            construed to effectuate its purpose of creating a uniform plan for the
            development and operation of a condominium project.
         Section 7. Amendment. The By-Laws may be amended in the same manner as set
            forth in Paragraph 22 of the Declaration.
         Section 8. Email. Any notice, delivery of information or other notification will be
            considered delivered to an Owner when the notice, delivery of information or
            other notification is sent to the Owner via email and the Owner responds via
            email, acknowledging receipt of the same. Several attempts via email may be

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              attempted to each Owner, however without an email response from the Owner
              acknowledging receipt of the notice, delivery of information or other notification,
              the notice, delivery of information or other notification is not delivered. In this
              case other means of delivery (postal mail, hand delivery, etc.) will still be
              required. For cost and efficiency reasons, each Owner is encouraged to maintain
              an email account, however they are not required to do so.


Extension to the By-Laws
        These rules are an extension of the Condominium By-Laws and are promulgated to
ensure that unit owners, (hereinafter called owners) residents, guest and lessees of the
individual units will conduct their activities so that the appearance and use of the facilities may
be enjoyed by all. This document is issued by the Condominium Declarant pursuant to the
provisions of the Declaration and By-Laws and in exercise of the Board of Directors
(hereinafter called Directors) and subject to revision as set forth in the By-Laws.
        I. General:
        Copies of these rules shall be provided to each owner, who shall ensure that all
residents, guests, lessees of his/her unit are informed of these specific provisions. Directors
will provide written or email as provided in Article VI, Section 8 notification to the owners of all
changes to these rules.
        II. Building Exteriors:
        A. Modifications or alterations, temporary or permanent, to the exterior of any building,
either to the structure or the appearance, shall not be made unless specifically approved by
the Directors. The exterior of all detached units shall be kept in good repair and in neat and
attractive condition. Examples of prohibited changes are awnings, sun shades, patio covers,
patio enclosures, fences, air conditioners, window grates, flags, or signs of any type. Requests
for approval of modifications shall be made to the Directors in writing with appropriate drawings
or sketches.
        III. Common Area and Limited Common Areas:
        A. Clothes or other materials shall not be hung or shaken from window sills or exterior
clotheslines, draped from balconies, railings, fences, trees, grass, or otherwise left or placed in
such a way as to be exposed to the public view. All refuse and trash shall be placed in
locations specifically designated by the Directors, and in accordance with town ordinances for
separation. Garbage or trash shall not be permitted to remain in public view or the exterior
view of any unit owner.
        B. Tools, sporting goods, boats, boating equipment, bicycles and other personal articles
and equipment must be kept within the unit or storage areas designated by the Directors for
use of the unit owner.
        C. Unit owners may plant flowers in the immediate vicinity of their units with prior
approval of the Directors. The type of planting shall not detract from the appearance of the
area and shall blend with the overall landscaping of the property.
        D. Signs of any kind shall not be displayed to public view in any way.
        E. Owners may not install exterior antennas for television or other communication
equipment or services without advance written approval of the Directors.
        F. Firewood shall be neatly stacked and stored in areas designated by the Directors.
        G. Any improvements, maintenance and landscaping of the common areas shall be
done under the supervision of the Directors.
        H. Use of the common areas is restricted to recreational activities which do not injure,
scar or alter the appearance of vegetation, natural or cultivated, or increase the maintenance
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cost thereof, nor cause unreasonable commotion, noise, disturbance or annoyance to the
owners in their quiet enjoyment of their units. Examples of activities that are excluded are the
riding of bicycles, motorcycles, mopeds, skating, snowmobiles, hardball playing or other sports
activities on grass or walkway areas.
        I. Vehicles or other means of conveyance shall not be parked in the public walkways,
driveways, or storage areas, but only in the areas designated for such use.
        J. BB guns, air rifles, bow and arrows, darts, slingshots, firearms or the like devices
shall not be actuated or discharged on or in the vicinity of the units or condominium areas.
        K. Structures shall not be erected for storage, play, or protection of personal property.
        IV. Parking:
        A. Owners or lessees shall park in the location designated by the condominium
documents or Board of Directors; guests shall park in spaces so designated.
        B. The Declarant, Board of Directors or their agents are not responsible for loss or
damage to parked cars, other vehicles, boats or other property.
        C. Each Owner must inform his visitors that their vehicles must be parked in the
designated areas and not in the spaces assigned to residents.
        D. “Live” parking for the purpose of pick-up or delivery of passengers or articles is
permitted for short periods of time as is necessary and reasonable.
        E. All boats, trailers and campers are forbidden to park within the confines of the
condominium, except during the limited period of launching a boat or taking it out of the water.
Campers, skimobiles, recreational vehicles, boats, tools equipment or materials of any nature
may not be kept or stored outside of any building in view, except in such spaces for the
exclusive storage designated by the Directors.
        F. All vehicles shall be restricted to designated roads, service or parking lots.
Motorcycles and motor scooters, snow mobiles, bicycles and the like are restricted to areas
designated by the Directors.
        G. The speed limit for all vehicles within the condominium grounds is 15 miles per hour.
        H. Repairs to vehicles shall not be conducted on the premises. Disposal of oil or other
engine effluents on the property is prohibited.
        V. Units and Owners:
        A. Occupants shall not make or permit any noises which disturb other residents in the
building, nor do, nor permit anything to be done therein or outside which interferes with the
rights, comforts or convenience of other residents. No owner or tenant shall interfere in any
manner directly or indirectly with the sale of any unit by Deer Cove Realty Trust nor create
agitation or other problems with neighbors or any other person or persons that would adversely
affect the sale of any unit by Deer Cove Realty Trust.
        B. Occupants shall not play, nor suffer to be played, any musical instrument nor permit
to be operated any radio, phonograph or television if the same shall disturb or annoy a
resident.
        C. Unit owners shall not make not suffer any unlawful use of his unit, nor use it for any
purpose other than a private residence except as provided in the Condominium Agreements.
        D. Common pets kept in the units or on the condominium properties shall be controlled
by the following rules:
            1. No pet shall be allowed that becomes an annoyance, a nuisance, or a physical
            threat to other residents.
            2. Pets shall be leased when walked. Pets will not be allowed on the lawns, gardens,
            walkways or beach area.
            3. Owners of pets will be totally responsible for any damage of property or injuries
            caused by pets.

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        E. Unit owners, guests and renters are expected to reduce noise levels after 11 p.m.
        F. Owners shall establish a means of emergency access to their unit during periods of
absence. Access is solely for the purpose of investigating or stopping an apparent serious
condition such as smoke, fire, water, leakage or gas escape. Owners may provide a duplicate
key to the Directors to satisfy this access requirement.
        G. No owner, tenant or guest shall divert any contractor or employee from
Condominium business, nor shall he/she direct, supervise or in any manner attempt to assert
control over such condominium contractor or employee while engaged in condominium
business.
        H. No activity shall be done or maintained in any unit or upon any common area which
will increase the rate of insurance thereon, unless such activity is first approved in writing by
the Directors. Waste shall not be permitted in the common area.
        I. Owners (lessees) shall close the main water shut-off valve in their unit when leaving
the unit unoccupied for a week or more.
        VI. Balconies (Decks):
        A. Cooking shall not be done on balconies.
        B. Objects of any kind are not to be placed or mounted on the balcony railings.
        C. Bird feeders shall not be placed nor mounted on the balconies or railings.
        D. Articles such as rugs, towels, draperies, bathing suits, dust mops, etc. are not to be
shaken from or hung on balcony railings. Balconies are to be kept neat and not used for
storage.
        E. Jumping from balconies or throwing of objects from balconies is prohibited.
        VII. Docks and Water:
        A. Boats will be securely tied at the assigned dock space, if any, or moored at an
appropriate mooring, if any, so as not to damage the docks or other boats or personal
property. Dock space, if any, shall not be leased nor loaned to others.
        B. Storage of boats and related equipment shall be only in an area designated for that
purpose by the Directors.
        C. Only owners or their guests may launch boats from any dock or waterfront area.
        D. Toys, equipment and personal belongings shall not be left unattended on any docks,
walkways or in the swimming area so as to constitute a nuisance or hazard.
        E. Swimmers shall have priority over moving boats in the immediate dock and/or
waterfront area. Boat operators shall control their watercraft so as to not constitute interference
or hazard to swimmers. High speed operation and water skiing within 200 feet of the end of
any dock is prohibited.
        VIII. Garages:
        A. Owners or lessees shall use garages for protection or storage of their vehicles and
other personal property. Garages may not be leased separately from the unit except as may
be approved by the Directors.
        B. Usage of the garage shall not result in generating noise, nor effluents that detract
from other owners’ quiet enjoyment of the premises.
        IX. Complaints:
        Complaints or reports of infractions of these rules shall be made to the Directors. Rule
changes shall be made, or a special meeting of the owners called by the Directors, to deal with
frequent complaints or flagrant violations.
        X. Fees and Assessments:
        A. Under the Condominium Declaration and By-Laws, the owners shall pay special
assessments and a periodic fee, the amount and frequency to be set by the Directors, to fund


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the needs of the approved condominium budget. Notification of fees and assessments, their
amounts and due dates shall be issued by the treasurer as specified by the Directors.
        B. The Directors may assign a penalty of $15 or 12%, whichever is greater, for any
delinquency in payment of fees or assessments. The treasurer shall notify the Directors of any
overdue payments within one week of the payment due date. In addition unpaid fees and
assessments shall constitute a lien on owner’s unit.
        XI. Director’s Authority:
        To the extent permitted by law and the Condominium Declaration and By-Laws the
Directors shall have the authority to issue or deny approval of any exception to these rules.
Such approvals shall be in writing and may be for the resolution of temporary problems or
situations. Approvals may be revoked at any time.
        XII. Enforcement Costs:
        Cost and expenses including reasonable attorneys fees incurred in enforcing these
rules shall be assessed against the violator or unit owner responsible for the violator.
        XIII. Rental of Units:
        All renting or leasing agreements must incorporate the condominium rules. A copy of
these rules shall be signed by rentors and returned to the Directors of the Condominium
Association. No unit may be rented so as to have more than eight (8) occupants at any time.


Appendix D

       Each of the buildings constituting the detached units of the Condominium are to be
described as follows:

1.    Composition

      (A)     No building has a basement.

      (B)     Buildings numbered 1, 2 and 22 have one story with attic areas under the roof.

      (C)     Building numbered 19 has one story with no attic.

1.    Principal Materials

      (A)     Foundation

              Buildings numbered 1, 2, 19 and 22 have concrete piers.

      (B)     Sidings

              Building numbered 1, 2, 19 and 22 have wood siding.

      (C)     Roofs

              Buildings numbered 2 and 22 have asphalt shingle roofs.
              Building numbered 1 has an asphalt and metal roof.
              Building numbered 19 has rolled roofing.

Deer Cove Declaration                                                                    67
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               Building numbers for these units are shown on the Site Plan and building which
are units are further described in Appendix B.

       Each of the buildings constituting new units in the Condominium are to be described as
follows:

1.    Composition

      (A)     All units will have a poured concrete “walk out” first floor level.

      (B)     All units will have four levels, three full floor levels and one smaller loft level.

2.    Principal Materials

      (A)     Foundations

              All of the units will have poured concrete lower levels with wood framed fronts.

      (B)     Sidings

              All units will have cedar wood siding.

      (C)     Roofs

              All of the units will have asphalt shingled roofs.

        Building numbers are shown on the Site Plan as from time to time may be revised and
all units are further described in Appendix B.




First Amendment and Additions to the Rules and Regulations of the Deer Cove
Condominium


        This Amendment and Additions to the Rules and Regulations of the Deer Cove
Condominium is made this 18th day of September, 1986 by the Board of Directors of the Deer
Cove Condominium in accordance with Article VI, Section 3 of the By-laws of the Deer Cove
Condominium Association. The Amendment and Additions to the Rules and Regulations are
as follows:

      (1)     Rule XIII entitled RENTAL OF UNITS as set forth in the document entitled “Third
              Amendment to Declaration of Condominium dated August 31, 1976 – Recorded
              Book 634, Page 379” is hereby deleted in its entirety and new Rule XIII.
              RENTAL OF UNITS: is as follows:


Deer Cove Declaration                                                                           68
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                    All renting or leasing agreements must incorporate the Condominium
                    rules. A copy of these rules shall be signed by rentors and returned to the
                    Directors of the Condominium Association. No units shall be rented to
                    more than two (s) persons per bedroom as reflected in Appendix B to the
                    Condominium Declaration.

      The following two new rules are hereby added to the Rules and Regulations of the Deer
Cove Condominium:

       (1)     XIV. METERING OF WATER USAGE:
       For the purpose of conserving the water and septic systems and guarding against any
possible failures or overburdening of these systems, water usage by the Condominium project
shall be metered with the meter to be read on a quarterly basis and then reduced by five
percent (5%) to reflect common usage. This adjusted figure shall then be provided to the New
Hampshire Water Supply and Pollution Control Commission in a quarterly report by the Board
of Directors. The first quarterly report shall be due for the quarter ending October 31, 1986.

      (2)    XV. USE OF DETERGENTS:
      To further protect the sewage disposal systems and the water quality of the area, all
washing machines, dishwasher and other detergents will be bio-degradable and/or meet the
phosphate content requirement of the New Hampshire Water Supply and Pollution Control
Commission or its successor. A list of those detergents which comply with this requirement will
be obtainable from the Board of Directors of the Deer Cove Condominium Association.

     IN WITNESS WHEREOF the undersigned have executed this instrument this 18th of
September, 1986.

                                           DEER COVE CONDOMINIUM ASSOCIATION,
                                           BOARD OF DIRECTORS

                                           __(signature of Dennis A. Sands)__
                                           Dennis A. Sands, Director

                                           __(signature of Gail A. McNeill)__
                                           Gail A. McNeill, Director

                                           __(signature of David S. Sands)__
                                           David S. Sands, Director

                                           State of New Hampshire
                                           Carroll, ss.

       The foregoing instrument was acknowledged before me this 18th day of September,
1986 by Dennis A. Sands as Director of the Deer Cove Condominium Association, Davis S.
Sands as Director of the Deer Cove Condominium Association and Gail A. McNeill as Director
of the Deer Cove Condominium Association.

                                           __(signature unreadable)__
                                           Justice of the Peace/Notary Public

Deer Cove Declaration                                                                     69
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Fourth Amendment
      DEER COVE CONDOMINIUM

FOURTH AMENDMENT TO DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1967 TO CONVERT PORTION OF
CONVERTIBLE LAND AND CREATE UNITS N19 THROUGH N24

(Although it is listed as August 31, 1967 (above) I believe this should be August 31, 1976)
(Hand written on the upper left hand corner of this page is “Copy Rec 6/19/87 Bk 1230 p 483”)

        AMENDMENT made this 10th day of June, 1987 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds as previously amended by
amendments recorded set forth above.
        This amendment is made by Deer Cove Realty Trust of Wolfeboro, New Hampshire as
successor to Deer Cove Development Corporation (sometimes hereinafter called the
“Declarant”), in accordance with the provisions of the New Hampshire Revised Statutes
Annotated and the case of Martin et als v. Sands et als, Carroll County Superior Court Case
#81-E-022 dated June 11, 1984 (hereinafter the “Decree”).
        Pursuant to the provisions of said Decree and the provisions of the September 18, 1986
Third Amendment to Declaration of Deer Cove Condominium recorded at Book 1139, Page
372 of the Carroll County Registry of Deeds, the Declarant in the exercise of his sole and
exclusive discretion does hereby convert such portion of the convertible land as designated in
Paragraph 13(C) of the Third Amendment to the Declaration of the Deer Cove Condominium
as is necessary to create residential Units N19 through N24 and appurtenant limited common
areas and fixing the location upon the ground of Building #3 now under construction containing
residential Units N19, N20, N21, N22, N23 and N24 which are shown as BLDG. 3/N19-N24 on
plan entitled “AS-BUILT SITE PLAN OF DEER COVE CONDOMINIUM, Ossipee, N.H. for
Deer Cove realty Trust” dated June 9, 1987 by the Ossipee Planning Board and recorded at
the Carroll County Registry of Deeds at Plan Book 100, Page 44, with Limited Common Areas
for individual Units consisting of the contiguous decks, porches, patios, entryways, and storage
areas as detailed on the aforementioned plan and the “AS-BUILT” FLOOR PLANS FOR
UNITS N-19 THROUGH N-24, DEER COVE CONDOMINIUM, Ossipee, N.H. by White
Mountain Survey Company dated June 9, 1987 by the Ossipee Planning Board and recorded
at the Carroll County Registry of Deeds at Plan Book 100, Page 45 and at Plan Book 100,
Page 46 and as to be further delineated and depicted on future as-built plans.
        1. The general legal description of Convertible Land being involved in this conversion is
described in Paragraph 13(C) of the Third Amendment to said Declaration as follows:
        “13(C) Convertible Land.
        Pursuant to the provisions of RSA 356-B:16 (II) the declarant hereby reserves
convertible land within the condominium as follows:
                  (i) The legal description of the convertible land shall be the same as that
                  contained within Appendix A attached hereto excepting, and reserving
                  therefrom, all that land which is defined within these declarations as common
                  area, limited common area, or submitted land as shown on a plan of land to
                  be recorded herewith entitled “As-built Site Plan of Deer Cove
                  Condominiums” prepared by White Mountain Survey Company, Inc. and
                  dated: July 1, 1986, signed by the Ossipee Planning Board on July 7, 1986.

Deer Cove Declaration                                                                      70
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                All other real estate depicted upon said plan shall be deemed to be
                convertible space.
                (ii) The maximum number of units which may be created within said
                convertible space is 48.
                (iii) All units within said convertible land shall be subjected to the same
                residential restrictions as that land which is submitted under these
                declarations.
                (iv) The units to be constructed within the convertible land shall be
                substantially similar to those units submitted under this Amendment to the
                Declaration (which were not in existence on or before June 11, 1984), in
                terms of quality of construction, the principle materials to be used and
                architectural style; to wit, units N1, N2, N3, N4, N5 and N6. The units within
                the convertible space shall not be substantially similar to any of the units in
                existence prior to June 11, 1984; to wit units 1, 2, 22, etc.
                (v) The declarant may make other improvements to the convertible space
                such as roads, paths, storage areas, common facilities and buildings for
                utilities and maintenance, landscaping, common facilities for unit holders of
                the condominium, swimming pools, tennis courts, and other recreational
                facilities and such other buildings, paths, roads, canals, ditches, drainage
                areas, septic or sewage disposal systems and other facilities reasonable
                necessary to the conversion, marketing and enjoyment of the condominium in
                the sole and exclusive judgment of the declarant or its assigns.
                 (vi) Any units created within each convertible land will be substantially
                 identical to the units on other portions of the submitted land, except as
                 defined above in paragraph (iv) and except to the extent that up to three (3)
                 buildings may have units constructed over units and may be different in their
                 floor plans, total area, appearance and design.
                 (vii) The declarant reserves the right to create limited common and/or
                 designate common areas within the convertible land. The creation of limited
                 common areas shall be restricted to the creation of limited common rights in
                 decks, porches, patios, entryways, storage areas, yards of no greater size
                 than that as detailed upon the plans for units N1 through N6, Limited
                 Common Areas for parking spaces similar in size to those depicted for units
                 N1 through N6. The maximum number for each such area shall be two per
                 unit with regard to parking spaces. In addition, the convertible space may
                 include limited common areas in the form of attics and basements and other
                 facilities within each unit created herein.”
       2. The Units to be presently created out of said portion of Convertible Land are Units
N19, N20, N21, N22, N23 and N24.
       3. The undivided interests in the Common Area as set forth in Appendix B of the
Declaration are amended and reallocated, on an equal basis, between existing Units N1
through N18 and the six new units (N19 through N24) as set forth in the new Appendix B as
amended June 10, 1987 attached to this Fourth Amendment.
       Declarant reserves the unrestricted right to exercise the option to convert additional
portions of the Convertible Land into units and/or limited common area as provided in
Paragraph 13(C) of the Third Amendment to the Condominium Declaration, and in such event,
the above percentages for Units N1 through N24 will be further decreased.
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       The Declarant reserves the unrestricted right under Paragraph 13(C) of the Third
Amendment to the Condominium Declaration and the Decree to convert any and all
Convertible Land Area or portion thereof by subsequent amendment.
       IN WITNESS WHEREOF and to carry out the aforesaid purposes, this amendment is
executed this 10th day of June, 1987.
                                         __(signature of Richard G. Hammer)__
                                         Richard G. Hammer, Trustee
                                         Deer Cove Realty Trust, Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF STRAFFORD
       On the 19 day of June, 1987, before me, personally appeared Richard G. Hammer,
Trustee of Deer Cove Realty Trust, who acknowledged that he executed the foregoing
instrument for the purposes therein contained.
                                         __(signature not legible)__
                                         Notary Public/Justice of the Peace

Appendix B: Description of Units
      (as amended June 10, 1987)

     Unit                 Approximate        Percentage
Number             Area (sq. ft.)     of Undivided
                                      Interest
      1                   894                3.86020
      2                   494                3.30890
      3                   469                3.40080
      8                   604                3.03310
      18                  624                3.12500
      19                  386                2.75740
      21                  979                3.40080
      22                  1530               3.95220
      23                  624                3.40080
      n1                  2086               2.90670
      n2                  2086               2.90670
      n3                  2086               2.90670
      n4                  2086               2.90670
      n5                  2086               2.90670
      n6                  2086               2.90670
      n7                  2086               2.90670
      n8                  2086               2.90670
      n9                  2086               2.90670
      n10                 2086               2.90670
      n11                 2086               2.90670
      n12                 2086               2.90670
      n13                 2086               2.90670
      n14                 2086               2.90670
      n15                 2086               2.90670
      n16                 2086               2.90670

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Version 3.1                                                                  July 5, 2005
       n17                  2086                  2.90670
       n18                  2086                  2.90670
       n19                  2086                  2.90670
       n20                  2086                  2.90670
       n21                  2086                  2.90670
       n22                  2086                  2.90670
       n23                  2086                  2.90670
       n24                  2086                  2.90670
       Totals:              56,668                100.00000

        Note: This schedule is subject to amendment to the provisions of the ACT and the
provisions of the September 18, 1986 THIRD AMENDMENT TO DECLARATION OF
CONDOMINIUM Recorded at Book 1139, Page 372 on Convertible Land. In addition, the
undivided percentage interest appertaining to old units as noted above is established under
Martin v. Sands et al, Carroll County Superior Court Case #81-E-022 and is not subject to
change except for those units which are purchased by Deer Cove Realty Trust, its successors
or assigns, are torn down or removed and are replaced by new units all as provided for in the
aforementioned Court Case of Martin v. Sands et al.
        Old Units are identified by a lack of an “n” at the beginning of the Unit number. See
Appendix B of the declaration recorded at Book 634, Page 379 for a description of the units
listed above. New units, units having an “n” at the beginning of the unit number, have a walk-
out first floor level with patio; a kitchen, half-bath, living/dining area and deck on the second
level; two baths, a bedroom and study/family room on the third level; and a loft on the fourth
level.
        For the old units, approximate area is living area shown on unit plans as “gross area”
and does not include attic area. On the new units the approximate area is framing dimensions
and is not the final engineer certified square footage.



Fifth Amendment
       DEER COVE CONDOMINIUM

FIFTH AMENDMENT TO DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1967 TO CONVERT PORTION OF
CONVERTIBLE LAND AND CREATE UNITS N25 THROUGH N31

(Although it is listed as August 31, 1967 (above) I believe this should be August 31, 1976)

      AMENDMENT made this 10th day of September, 1987 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds as previously amended by
amendments recorded set forth above.
      This amendment is made by Deer Cove Realty Trust of Wolfeboro, New Hampshire as
successor to Deer Cove Development Corporation (sometimes hereinafter called the
“Declarant”), in accordance with the provisions of the New Hampshire Revised Statutes
Annotated and the case of Martin et als v. Sands et als, Carroll County Superior Court Case
#81-E-022 dated June 11, 1984 (hereinafter the “Decree”).

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Version 3.1                                                                   July 5, 2005
       Pursuant to the provisions of said Decree and the provisions of the September 18, 1986
Third Amendment to Declaration of Deer Cove Condominium recorded at Book 1139, Page
372 of the Carroll County Registry of Deeds, the Declarant in the exercise of his sole and
exclusive discretion does hereby convert such portion of the convertible land as designated in
Paragraph 13(C) of the Third Amendment to the Declaration of the Deer Cove Condominium
as is necessary to create residential Units N25 through N31 and appurtenant limited common
areas and fixing the location upon the ground of Building #4 containing residential Units N25,
N26, N27, N28, N29, N30 and N31 which are shown as BLDG. 4/N25-N31 on plan entitled
“AS-BUILT SITE PLAN OF DEER COVE CONDOMINIUM, Ossipee, N.H. for Deer Cove realty
Trust” dated September 1, 1987 by the Ossipee Planning Board and recorded at the Carroll
County Registry of Deeds at Plan Book 103, Page 59, with Limited Common Areas for
individual Units consisting of the contiguous decks, porches, patios, entryways, and storage
areas as detailed on the aforementioned plan and the “AS-BUILT” FLOOR PLANS FOR
UNITS N-25 THROUGH N-31, DEER COVE CONDOMINIUM, Ossipee, N.H. by White
Mountain Survey Company dated September 1, 1987 by the Ossipee Planning Board and
recorded at the Carroll County Registry of Deeds at Plan Book 103, Page 60 and as to be
further delineated and depicted on future as-built plans.
       1. The general legal description of Convertible Land being involved in this conversion is
described in Paragraph 13(C) of the Third Amendment to said Declaration as follows:
       “13(C) Convertible Land.
       Pursuant to the provisions of RSA 356-B:16 (II) the declarant hereby reserves
convertible land within the condominium as follows:
                  (i) The legal description of the convertible land shall be the same as that
                  contained within Appendix A attached hereto excepting, and reserving
                  therefrom, all that land which is defined within these declarations as common
                  area, limited common area, or submitted land as shown on a plan of land to
                  be recorded herewith entitled “As-built Site Plan of Deer Cove
                  Condominiums” prepared by White Mountain Survey Company, Inc. and
                  dated: July 1, 1986, signed by the Ossipee Planning Board on July 7, 1986.
                  All other real estate depicted upon said plan shall be deemed to be
                  convertible space.
                 (ii) The maximum number of units which may be created within said
                 convertible space is 48.
                 (iii) All units within said convertible land shall be subjected to the same
                 residential restrictions as that land which is submitted under these
                 declarations.
                 (iv) The units to be constructed within the convertible land shall be
                 substantially similar to those units submitted under this Amendment to the
                 Declaration (which were not in existence on or before June 11, 1984), in
                 terms of quality of construction, the principle materials to be used and
                 architectural style; to wit, units N1, N2, N3, N4, N5 and N6. The units within
                 the convertible space shall not be substantially similar to any of the units in
                 existence prior to June 11, 1984; to wit units 1, 2, 22, etc.
                 (v) The declarant may make other improvements to the convertible space
                 such as roads, paths, storage areas, common facilities and buildings for
                 utilities and maintenance, landscaping, common facilities for unit holders of
                 the condominium, swimming pools, tennis courts, and other recreational

Deer Cove Declaration                                                                          74
Version 3.1                                                               July 5, 2005
                facilities and such other buildings, paths, roads, canals, ditches, drainage
                areas, septic or sewage disposal systems and other facilities reasonable
                necessary to the conversion, marketing and enjoyment of the condominium in
                the sole and exclusive judgment of the declarant or its assigns.
                 (vi) Any units created within each convertible land will be substantially
                 identical to the units on other portions of the submitted land, except as
                 defined above in paragraph (iv) and except to the extent that up to three (3)
                 buildings may have units constructed over units and may be different in their
                 floor plans, total area, appearance and design.
                 (vii) The declarant reserves the right to create limited common and/or
                 designate common areas within the convertible land. The creation of limited
                 common areas shall be restricted to the creation of limited common rights in
                 decks, porches, patios, entryways, storage areas, yards of no greater size
                 than that as detailed upon the plans for units N1 through N6, Limited
                 Common Areas for parking spaces similar in size to those depicted for units
                 N1 through N6. The maximum number for each such area shall be two per
                 unit with regard to parking spaces. In addition, the convertible space may
                 include limited common areas in the form of attics and basements and other
                 facilities within each unit created herein.”
       2. The Units to be presently created out of said portion of Convertible Land are Units
N25, N26, N27, N28, N29, N30 and N31.
       3. The undivided interests in the Common Area as set forth in Appendix B of the
Declaration are amended and reallocated, on an equal basis, between existing Units N1
through N24 and the seven new units (N25 through N31) as set forth in the new Appendix B as
amended September 10, 1987 attached to this Fifth Amendment.
       Declarant reserves the unrestricted right to exercise the option to convert additional
portions of the Convertible Land into units and/or limited common area as provided in
Paragraph 13(C) of the Third Amendment to the Condominium Declaration, and in such event,
the above percentages for Units N1 through N31 will be further decreased.
       The Declarant reserves the unrestricted right under Paragraph 13(C) of the Third
Amendment to the Condominium Declaration and the Decree to convert any and all
Convertible Land Area or portion thereof by subsequent amendment.
       IN WITNESS WHEREOF and to carry out the aforesaid purposes, this amendment is
executed this 10th day of September, 1987.
                                           __(signature of Richard G. Hammer)__
                                           Richard G. Hammer, Trustee
                                           Deer Cove Realty Trust, Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF STRAFFORD
       On the 10th day of September, 1987, before me, personally appeared Richard G.
Hammer, Trustee of Deer Cove Realty Trust, who acknowledged that he executed the
foregoing instrument for the purposes therein contained.
                                           __(signature not legible)__
                                           Notary Public/Justice of the Peace

Appendix B: Description of Units
      (as amended September 10, 1987)

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     Unit                  Approximate        Percentage
Number              Area (sq. ft.)     of Undivided
                                       Interest
      1                    894                3.86020
      2                    494                3.30890
      3                    469                3.40080
      8                    604                3.03310
      18                   624                3.12500
      19                   386                2.75740
      21                   979                3.40080
      22                   1530               3.95220
      23                   624                3.40080
      n1                   2086               2.25030
      n2                   2086               2.25030
      n3                   2086               2.25030
      n4                   2086               2.25030
      n5                   2086               2.25030
      n6                   2086               2.25030
      n7                   2086               2.25030
      n8                   2086               2.25030
      n9                   2086               2.25030
      n10                  2086               2.25030
      n11                  2086               2.25030
      n12                  2086               2.25030
      n13                  2086               2.25030
      n14                  2086               2.25030
      n15                  2086               2.25030
      n16                  2086               2.25030
      n17                  2086               2.25030
      n18                  2086               2.25030
      n19                  2086               2.25030
      n20                  2086               2.25030
      n21                  2086               2.25030
      n22                  2086               2.25030
      n23                  2086               2.25030
      n24                  2086               2.25030
      n25                  2086               2.25030
      n26                  2086               2.25030
      n27                  2086               2.25030
      n28                  2086               2.25030
      n29                  2086               2.25030
      n30                  2086               2.25030
      n31                  2086               2.25030
      Totals:              71,270             100.00000

       Note: This schedule is subject to amendment to the provisions of the ACT and the
provisions of the September 18, 1986 THIRD AMENDMENT TO DECLARATION OF

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CONDOMINIUM Recorded at Book 1139, Page 372 on Convertible Land. In addition, the
undivided percentage interest appertaining to old units as noted above is established under
Martin v. Sands et al, Carroll County Superior Court Case #81-E-022 and is not subject to
change except for those units which are purchased by Deer Cove Realty Trust, its successors
or assigns, are torn down or removed and are replaced by new units all as provided for in the
aforementioned Court Case of Martin v. Sands et al.
        Old Units are identified by a lack of an “n” at the beginning of the Unit number. See
Appendix B of the declaration recorded at Book 634, Page 379 for a description of the units
listed above. New units, units having an “n” at the beginning of the unit number, have a walk-
out first floor level with patio; a kitchen, half-bath, living/dining area and deck on the second
level; two baths, a bedroom and study/family room on the third level; and a loft on the fourth
level.
        For the old units, approximate area is living area shown on unit plans as “gross area”
and does not include attic area. On the new units the approximate area is framing dimensions
and is not the final engineer certified square footage.



Sixth Amendment

SIXTH AMENDMENT TO THE DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1976

        AMENDMENT made this 6th day of August, 1988 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds and as subsequently amended.
        This Amendment is made by owners holding more than two-thirds percent (66-2/3%) of
total voting power of the Deer Cove Condominium and its Association of Owners and by Deer
Cove Realty Trust of Wolfeboro, New Hampshire as successor to Deer Cove Development
Corporation (sometimes hereinafter called the “Declarant”) in accordance with the provisions of
the Deer Cove Condominium Declaration dated August 31, 1976 and the previous
amendments thereto.
        Accordingly, the Declaration dated August 31, 1976 and the previous amendments
thereto are amended as follows:

       The following numbered paragraphs as contained in the Declaration dated August 31,
       1976 as amended by instrument or court decree in the case of Martin et als v. Sands et
       al, Carroll County Superior Court Case #81-E-022 dated June 11, 1984 shall be deleted
       and new numbered paragraphs containing the same numbers are hereinafter set forth
       shall be substituted in their place.

       6. Insurance and Voting in the Event of Damage or Destruction

                 (a.) Insurance to be Obtained. The Board of Directors shall obtain and
                     maintain, to the extent obtainable, the following insurance:
                         i. Fire insurance with extended coverage, vandalism and malicious
                            mischief endorsements, with such deductibles as the Board shall
                            determine, insuring any insurable improvements forming part of the

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Version 3.1                                                             July 5, 2005
                          Common Area (including any units owned by the Association) in
                          behalf of the Owners and their mortgages, as their respective
                          interests may appear, and payable to the Board as trustee for the
                          Owners, in an amount equal to the full insurable replacement value
                          of said property.


      The new replacement paragraphs are as follows:


      (changes are in bold and blue)


      6. Insurance and Voting in the Event of Damage or Destruction

               (b.) Insurance to be Obtained. The Board of Directors shall obtain and
                   maintain to the extent obtainable the following insurance:
                        i. Fire insurance with standard extended coverage endorsement,
                           vandalism and malicious mischief endorsements insuring all the
                           buildings in the Condominium including without limitation all
                           such portions of the interior of such buildings as are for
                           insurance purposes normally deemed to constitute part of the
                           building and customarily covered by such insurance, such as
                           heating and air conditioning and other service machinery,
                           interior walls, all finished wall surfaces, ceiling and floor
                           surfaces including any wall to wall floor coverings, bathroom
                           and kitchen cabinets and fixtures, including appliances which
                           are affixed to the buildings, and heating and lighting fixtures,
                           except for improvements made by individual Owners which
                           exceed a total value of $1,000 and are not reported to the
                           insurer, such insurance to be in an amount reasonably equal
                           to the replacement value of the buildings and to be payable to
                           the Board as trustee for the Owners and their mortgages as
                           their respective interests may appear.


      IN WITNESS WHEREOF, the undersigned has executed this instrument this 9th day of
August, 1988.
                                 DEER COVE REALTY TRUST

                                       __(signature of Richard G. Hammer)__
                                       Richard G. Hammer, Trustee of the
                                       Deer Cove Realty Trust and as Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF Carroll                             August 9, 1988

      Personally appeared Richard G. Hammer, Trustee of Deer Cove Realty Trust and as
Declarant and acknowledged the foregoing to be his free act and deed, before me.
                                      __(signature of Gail A. McNeill)__
Deer Cove Declaration                                                                  78
Version 3.1                                                               July 5, 2005
                                        Notary Public
                                        (My commission Expires 4/3/90)

Seventh Amendment
      DEER COVE CONDOMINIUM

SEVENTH AMENDMENT TO DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1976

       AMENDMENT made this 20 day of July, 1989 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds and as subsequently amended.
       This amendment is made by Deer Cove Realty Trust of Wolfeboro, New Hampshire as
successor to Deer Cove Development Corporation (sometimes hereinafter called the
“Declarant”), in accordance with the provisions of the New Hampshire Revised Statutes
Annotated and the case of Martin et als v. Sands et als, Carroll County Superior Court Case
#81-E-022 dated June 11, 1984 (hereinafter the “Decree”).
       Pursuant to the provisions of said Decree and the provisions of the September 18, 1986
Third Amendment to Declaration of Deer Cove Condominium recorded at Book 1139, Page
372 of the Carroll County Registry of Deeds, the Declarant in the exercise of his sole and
exclusive discretion does hereby convert such portion of the convertible land as designated in
Paragraph 13(C) of the Third Amendment to the Declaration of the Deer Cove Condominium
as is necessary to create limited common areas for residential Unit 1 and Unit 2 as follows:
       (1) Unit 1 Limited Common Area. The area appurtenant to Unit 1 designated LC1 as
shown on plan entitled “AS-BUILT SITE PLAN OF DEER COVE CONDOMINIUM, Ossipee,
N.H. for Deer Cove Realty Trust” dated February 2, 1988 by the Ossipee Planning Board and
recorded at the Carroll County Registry of Deeds at Plan Book 106, Page 16.
       (2) Unit 2 Limited Common Area. The area appurtenant to Unit 2 designated LC2 as
shown on plan entitled “AS-BUILT SITE PLAN OF DEER COVE CONDOMINIUM, Ossipee,
N.H. for Deer Cove Realty Trust” dated February 2, 1988 by the Ossipee Planning Board and
recorded at the Carroll County Registry of Deeds at Plan Book 106, Page 16.
       (3) This conversion of a portion of the convertible land into Limited Common Areas
(appurtenant to Unit 1 and Unit 2 respectively) is for the purpose of creating a yard, parking
spaces, and storage area.
       (4) The general legal description of the Convertible Land being involved in this
conversion is described in Paragraph 13(C) of the Third Amendment to said Declaration.
       Declarant reserves the unrestricted right to exercise the option to convert additional
portions of the Convertible Land into units and/or limited common area as provided in
Paragraph 13 (C) of the Third Amendment to the Condominium Declaration.
       The Declarant reserves the unrestricted right under Paragraph 13(C) of the Third
Amendment to the Condominium Declaration and the Decree to convert any and all
Convertible Land Area or portion thereof by subsequent amendment.

      IN WITNESS WHEREOF and to carry out the aforesaid purposes, this amendment is
executed this 20 day of July, 1989

                                        __(signature of Richard G. Hammer)__
                                        Richard G. Hammer, Trustee
Deer Cove Declaration                                                                    79
Version 3.1                                                                July 5, 2005
                                         Deer Cove Realty Trust, Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF Carroll

       On this 20 day of July, 1989, before me, personally appeared Richard G. Hammer,
Trustee of Deer Cove Realty Trust, who acknowledged that he executed the foregoing
instrument for the purposes therein contained.

                                         __(signature not legible)__
                                         Notary Public/Justice of the Peace

Eighth Amendment
      DEER COVE CONDOMINIUM

EIGTH AMENDMENT TO DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1976 TO CONVERT PORTION OF
CONVERTIBLE LAND AND CREATE UNITS N32 THROUGH N38

       AMENDMENT made this 24th day of July, 1989 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds as previously amended by
amendments recorded set forth above.
       This amendment is made by Deer Cove Realty Trust of Wolfeboro, New Hampshire as
successor to Deer Cove Development Corporation (sometimes hereinafter called the
“Declarant”), in accordance with the provisions of the New Hampshire Revised Statutes
Annotated and the case of Martin et als v. Sands et als, Carroll County Superior Court Case
#81-E-022 dated June 11, 1984 (hereinafter the “Decree”).
       Pursuant to the provisions of said Decree and the provisions of the September 18, 1986
Third Amendment to Declaration of Deer Cove Condominium recorded at Book 1139, Page
372 of the Carroll County Registry of Deeds, the Declarant in the exercise of his sole and
exclusive discretion does hereby convert such portion of the convertible land as designated in
Paragraph 13(C) of the Third Amendment to the Declaration of the Deer Cove Condominium
as is necessary to create residential Units N32 through N38 and appurtenant limited common
areas and fixing the location upon the ground of Building #5 containing residential Units N32,
N33, N34, N35, N36, N37 and N38 which are shown as BLDG. 5/N32-N38 on plan entitled
“AS-BUILT SITE PLAN OF DEER COVE CONDOMINIUM, Ossipee, N.H. for Deer Cove realty
Trust” dated July 18, 1989 by the Ossipee Planning Board and recorded at the Carroll County
Registry of Deeds at Plan Book 123, Page 33, with Limited Common Areas for individual Units
consisting of the contiguous decks, porches, patios, entryways, and storage areas as detailed
on the aforementioned plan and the “AS-BUILT” FLOOR PLANS FOR UNITS N-32 THROUGH
N-38, DEER COVE CONDOMINIUM, Ossipee, N.H. by White Mountain Survey Company
dated July 18, 1989 by the Ossipee Planning Board and recorded at the Carroll County
Registry of Deeds at Plan Book 123, Page 34 and as to be further delineated and depicted on
future as-built plans.
       1. The general legal description of Convertible Land being involved in this conversion is
described in Paragraph 13(C) of the Third Amendment to said Declaration as follows:
       “13(C) Convertible Land.

Deer Cove Declaration                                                                     80
Version 3.1                                                                  July 5, 2005
      Pursuant to the provisions of RSA 356-B:16 (II) the declarant hereby reserves
convertible land within the condominium as follows:
                 (i) The legal description of the convertible land shall be the same as that
                 contained within Appendix A attached hereto excepting, and reserving
                 therefrom, all that land which is defined within these declarations as common
                 area, limited common area, or submitted land as shown on a plan of land to
                 be recorded herewith entitled “As-built Site Plan of Deer Cove
                 Condominiums” prepared by White Mountain Survey Company, Inc. and
                 dated: July 1, 1986, signed by the Ossipee Planning Board on July 7, 1986.
                 All other real estate depicted upon said plan shall be deemed to be
                 convertible space.
                (ii) The maximum number of units which may be created within said
                convertible space is 48.
                (iii) All units within said convertible land shall be subjected to the same
                residential restrictions as that land which is submitted under these
                declarations.
                (iv) The units to be constructed within the convertible land shall be
                substantially similar to those units submitted under this Amendment to the
                Declaration (which were not in existence on or before June 11, 1984), in
                terms of quality of construction, the principle materials to be used and
                architectural style; to wit, units N1, N2, N3, N4, N5 and N6. The units within
                the convertible space shall not be substantially similar to any of the units in
                existence prior to June 11, 1984; to wit units 1, 2, 22, etc.
                (v) The declarant may make other improvements to the convertible space
                such as roads, paths, storage areas, common facilities and buildings for
                utilities and maintenance, landscaping, common facilities for unit holders of
                the condominium, swimming pools, tennis courts, and other recreational
                facilities and such other buildings, paths, roads, canals, ditches, drainage
                areas, septic or sewage disposal systems and other facilities reasonable
                necessary to the conversion, marketing and enjoyment of the condominium in
                the sole and exclusive judgment of the declarant or its assigns.
                (vi) Any units created within each convertible land will be substantially
                identical to the units on other portions of the submitted land, except as
                defined above in paragraph (iv) and except to the extent that up to three (3)
                buildings may have units constructed over units and may be different in their
                floor plans, total area, appearance and design.
                (vii) The declarant reserves the right to create limited common and/or
                designate common areas within the convertible land. The creation of limited
                common areas shall be restricted to the creation of limited common rights in
                decks, porches, patios, entryways, storage areas, yards of no greater size
                than that as detailed upon the plans for units N1 through N6, Limited
                Common Areas for parking spaces similar in size to those depicted for units
                N1 through N6. The maximum number for each such area shall be two per
                unit with regard to parking spaces. In addition, the convertible space may
                include limited common areas in the form of attics and basements and other
                facilities within each unit created herein.”

Deer Cove Declaration                                                                         81
Version 3.1                                                                July 5, 2005
       2. The old units identified as Units 3, 8, 18, 19, 21 and 23 have been torn down and are
hereby removed from the condominium.
       3. The new replacement Units to be presently created out of said portion of Convertible
Land are Units N32, N33, N34, N35, N36, N37 and N38.
       4. The undivided interests in the Common Area as set forth in Appendix B of the
Declaration are amended and reallocated by assigning the 19.1179 percentage undivided
interest collectively attributable to said units on an equal basis, between the new replacement
Units N32, N33, N34, N35, N36, N37, N38 as set forth in the new Appendix B as amended
July 24, 1989 attached to this Eighth Amendment.
       5. This Eighth amendment does not alter, amend, or reallocate the percentage
undivided interests in the Common Area attributable to new Units N1 through N31.
       Declarant reserves the unrestricted right to exercise the option to convert additional
portions of the Convertible Land into units and/or limited common area as provided in
Paragraph 13(C) of the Third Amendment to the Condominium Declaration, and in such event,
the above percentages for Units N1 through N38 will be further decreased.
       The Declarant reserves the unrestricted right under Paragraph 13(C) of the Third
Amendment to the Condominium Declaration and the Decree to convert any and all
Convertible Land Area or portion thereof by subsequent amendment.
       IN WITNESS WHEREOF and to carry out the aforesaid purposes, this amendment is
executed this 24th day of July, 1989.
                                             __(signature of Richard G. Hammer)__
                                             Richard G. Hammer, Trustee
                                             Deer Cove Realty Trust, Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF STRAFFORD
       On the 24th day of July, 1989, before me, personally appeared Richard G. Hammer,
Trustee of Deer Cove Realty Trust, who acknowledged that he executed the foregoing
instrument for the purposes therein contained.
                                             __(signature not legible)__
                                             Notary Public/Justice of the Peace

Appendix B: Description of Units
      (As amended July 24, 1989)

     Unit                  Approximate        Percentage
Number              Area (sq. ft.)     of Undivided
                                       Interest
      1                    894                3.86020
      2                    494                3.30890
      22                   1530               3.95220
      n1                   2086               2.25030
      n2                   2086               2.25030
      n3                   2086               2.25030
      n4                   2086               2.25030
      n5                   2086               2.25030
      n6                   2086               2.25030
      n7                   2086               2.25030
      n8                   2086               2.25030
Deer Cove Declaration                                                                     82
Version 3.1                                                                  July 5, 2005
       n9                   2086                  2.25030
       n10                  2086                  2.25030
       n11                  2086                  2.25030
       n12                  2086                  2.25030
       n13                  2086                  2.25030
       n14                  2086                  2.25030
       n15                  2086                  2.25030
       n16                  2086                  2.25030
       n17                  2086                  2.25030
       n18                  2086                  2.25030
       n19                  2086                  2.25030
       n20                  2086                  2.25030
       n21                  2086                  2.25030
       n22                  2086                  2.25030
       n23                  2086                  2.25030
       n24                  2086                  2.25030
       n25                  2086                  2.25030
       n26                  2086                  2.25030
       n27                  2086                  2.25030
       n28                  2086                  2.25030
       n29                  2086                  2.25030
       n30                  2086                  2.25030
       n31                  2086                  2.25030
       n32                  2076                  2.73110
       n33                  2080                  2.73110
       n34                  2068                  2.73110
       n35                  2077                  2.73110
       n36                  2085                  2.73110
       n37                  2081                  2.73110
       n38                  2073                  2.73110
       Totals:              82,124                100.00000

        Note: This schedule is subject to amendment to the provisions of the ACT and the
provisions of the September 18, 1986 THIRD AMENDMENT TO DECLARATION OF
CONDOMINIUM Recorded at Book 1139, Page 372 on Convertible Land. In addition, the
undivided percentage interest appertaining to old units as noted above is established under
Martin v. Sands et al, Carroll County Superior Court Case #81-E-022 and is not subject to
change except for those units which are purchased by Deer Cove Realty Trust, its successors
or assigns, are torn down or removed and are replaced by new units all as provided for in the
aforementioned Court Case of Martin v. Sands et al.
        Old Units are identified by a lack of an “n” at the beginning of the Unit number. See
Appendix B of the declaration recorded at Book 634, Page 379 for a description of the units
listed above. New units, units having an “n” at the beginning of the unit number, have a walk-
out first floor level with patio; a kitchen, half-bath, living/dining area and deck on the second
level; two baths, a bedroom and study/family room on the third level; and a loft on the fourth
level.



Deer Cove Declaration                                                                       83
Version 3.1                                                                July 5, 2005
       For the old units, approximate area is living area shown on unit plans as “gross area”
and does not include attic area. On the new units the approximate area is framing dimensions
and is not the final engineer certified square footage.



Ninth Amendment
      DEER COVE CONDOMINIUM

NINTH AMENDMENT TO DECLARATION OF CONDOMINIUM
DATED AUGUST 31, 1976 TO CONVERT PORTION OF
CONVERTIBLE LAND AND CREATE UNITS N39 AND N40

       AMENDMENT made this 25th day of July, 1989 to the “Declaration of Deer Cove
Condominium made August 31, 1976 by Deer Cove Development Corporation” recorded at
Book 634, Page 379 of the Carroll County Registry of Deeds as previously amended by
amendments recorded set forth above.
       This amendment is made by Deer Cove Realty Trust of Wolfeboro, New Hampshire as
successor to Deer Cove Development Corporation (sometimes hereinafter called the
“Declarant”), in accordance with the provisions of the New Hampshire Revised Statutes
Annotated and the case of Martin et als v. Sands et als, Carroll County Superior Court Case
#81-E-022 dated June 11, 1984 (hereinafter the “Decree”).
       Pursuant to the provisions of said Decree and the provisions of the September 18, 1986
Third Amendment to Declaration of Deer Cove Condominium recorded at Book 1139, Page
372 of the Carroll County Registry of Deeds, the Declarant in the exercise of his sole and
exclusive discretion does hereby convert such portion of the convertible land as designated in
Paragraph 13(C) of the Third Amendment to the Declaration of the Deer Cove Condominium
as is necessary to create residential Units N39 and N40 and appurtenant limited common
areas and fixing the location upon the ground of Building #6 containing residential Units N39
and N40 which are shown as BLDG. 6/N39 & N40 on plan entitled “AS-BUILT SITE PLAN OF
DEER COVE CONDOMINIUM, Ossipee, N.H. for Deer Cove realty Trust” dated July 18, 1989
by the Ossipee Planning Board and recorded at the Carroll County Registry of Deeds at Plan
Book 123, Page 33, with Limited Common Areas for individual Units consisting of the
contiguous decks, porches, patios, entryways, and storage areas as detailed on the
aforementioned plan and as to be further delineated and depicted on future as-built plans.
       1. The general legal description of Convertible Land being involved in this conversion is
described in Paragraph 13(C) of the Third Amendment to said Declaration as follows:
       “13(C) Convertible Land.
       Pursuant to the provisions of RSA 356-B:16 (II) the declarant hereby reserves
convertible land within the condominium as follows:
                  (i) The legal description of the convertible land shall be the same as that
                  contained within Appendix A attached hereto excepting, and reserving
                  therefrom, all that land which is defined within these declarations as common
                  area, limited common area, or submitted land as shown on a plan of land to
                  be recorded herewith entitled “As-built Site Plan of Deer Cove
                  Condominiums” prepared by White Mountain Survey Company, Inc. and
                  dated: July 1, 1986, signed by the Ossipee Planning Board on July 7, 1986.
                  All other real estate depicted upon said plan shall be deemed to be
                  convertible space.
Deer Cove Declaration                                                                     84
Version 3.1                                                                   July 5, 2005
                 (ii) The maximum number of units which may be created within said
                 convertible space is 48.
                 (iii) All units within said convertible land shall be subjected to the same
                 residential restrictions as that land which is submitted under these
                 declarations.
                 (iv) The units to be constructed within the convertible land shall be
                 substantially similar to those units submitted under this Amendment to the
                 Declaration (which were not in existence on or before June 11, 1984), in
                 terms of quality of construction, the principle materials to be used and
                 architectural style; to wit, units N1, N2, N3, N4, N5 and N6. The units within
                 the convertible space shall not be substantially similar to any of the units in
                 existence prior to June 11, 1984; to wit units 1, 2, 22, etc.
                 (v) The declarant may make other improvements to the convertible space
                 such as roads, paths, storage areas, common facilities and buildings for
                 utilities and maintenance, landscaping, common facilities for unit holders of
                 the condominium, swimming pools, tennis courts, and other recreational
                 facilities and such other buildings, paths, roads, canals, ditches, drainage
                 areas, septic or sewage disposal systems and other facilities reasonable
                 necessary to the conversion, marketing and enjoyment of the condominium in
                 the sole and exclusive judgment of the declarant or its assigns.
                  (vi) Any units created within each convertible land will be substantially
                  identical to the units on other portions of the submitted land, except as
                  defined above in paragraph (iv) and except to the extent that up to three (3)
                  buildings may have units constructed over units and may be different in their
                  floor plans, total area, appearance and design.
                  (vii) The declarant reserves the right to create limited common and/or
                  designate common areas within the convertible land. The creation of limited
                  common areas shall be restricted to the creation of limited common rights in
                  decks, porches, patios, entryways, storage areas, yards of no greater size
                  than that as detailed upon the plans for units N1 through N6, Limited
                  Common Areas for parking spaces similar in size to those depicted for units
                  N1 through N6. The maximum number for each such area shall be two per
                  unit with regard to parking spaces. In addition, the convertible space may
                  include limited common areas in the form of attics and basements and other
                  facilities within each unit created herein.”
       2. The old unit identified as Units 22 is effective as of the date of being torn down and
hereby removed from the condominium.
       3. The new replacement Units to be presently created out of said portion of Convertible
Land are Units N39 and N40.
       4. The undivided interests in the Common Area as set forth in Appendix B of the
Declaration are amended and reallocated as set forth in the new Appendix B as amended July
25, 1989 attached to this Ninth Amendment.
       5. This Ninth amendment does not alter, amend, or reallocate the percentage undivided
interests in the Common Area attributable to new Units N1 through N31.

      IN WITNESS WHEREOF and to carry out the aforesaid purposes, this amendment is
executed this 25th day of July, 1989.

Deer Cove Declaration                                                                          85
Version 3.1                                                            July 5, 2005
                                       __(signature of Richard G. Hammer)__
                                       Richard G. Hammer, Trustee
                                       Deer Cove Realty Trust, Declarant
STATE OF NEW HAMPSHIRE
COUNTY OF STRAFFORD
       On the 25th day of July, 1989, before me, personally appeared Richard G. Hammer,
Trustee of Deer Cove Realty Trust, who acknowledged that he executed the foregoing
instrument for the purposes therein contained.
                                         __(signature not legible)__
                                         Notary Public/Justice of the Peace

Appendix B: Description of Units
      (As amended June 26, 2005)

     Unit                  Approximate        Percentage
Number              Area (sq. ft.)     of Undivided
                                       Interest
      1                    894                2.5
      2                    494                2.5
      n1                   2086               2.5
      n2                   2086               2.5
      n3                   2086               2.5
      n4                   2086               2.5
      n5                   2086               2.5
      n6                   2086               2.5
      n7                   2086               2.5
      n8                   2086               2.5
      n9                   2086               2.5
      n10                  2086               2.5
      n11                  2086               2.5
      n12                  2086               2.5
      n13                  2086               2.5
      n14                  2086               2.5
      n15                  2086               2.5
      n16                  2086               2.5
      n17                  2086               2.5
      n18                  2086               2.5
      n19                  2086               2.5
      n20                  2086               2.5
      n21                  2086               2.5
      n22                  2086               2.5
      n23                  2086               2.5
      n24                  2086               2.5
      n25                  2086               2.5
      n26                  2086               2.5
      n27                  2086               2.5
      n28                  2086               2.5

Deer Cove Declaration                                                                 86
Version 3.1                                                                  July 5, 2005
       n29                  2086                  2.5
       n30                  2086                  2.5
       n31                  2086                  2.5
       n32                  2076                  2.5
       n33                  2080                  2.5
       n34                  2068                  2.5
       n35                  2077                  2.5
       n36                  2085                  2.5
       n37                  2081                  2.5
       n38                  2073                  2.5
       Totals:              84,776                100.00000

        Note: This schedule is subject to amendment to the provisions of the ACT and the
provisions of the September 18, 1986 THIRD AMENDMENT TO DECLARATION OF
CONDOMINIUM Recorded at Book 1139, Page 372 on Convertible Land. In addition, the
undivided percentage interest appertaining to old units as noted above is established under
Martin v. Sands et al, Carroll County Superior Court Case #81-E-022 and is not subject to
change except for those units which are purchased by Deer Cove Realty Trust, its successors
or assigns, are torn down or removed and are replaced by new units all as provided for in the
aforementioned Court Case of Martin v. Sands et al.
        Old Units are identified by a lack of an “n” at the beginning of the Unit number. See
Appendix B of the declaration recorded at Book 634, Page 379 for a description of the units
listed above. New units, units having an “n” at the beginning of the unit number, have a walk-
out first floor level with patio; a kitchen, half-bath, living/dining area and deck on the second
level; two baths, a bedroom and study/family room on the third level; and a loft on the fourth
level.
        For the old units, approximate area is living area shown on unit plans as “gross area”
and does not include attic area. On the new units the approximate area is framing dimensions
and is not the final engineer certified square footage.




Deer Cove Declaration                                                                       87

				
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