Master Deed of Drummer Farms

This MASTER DEED of DRUMMER FARMS CONDOMINIUM, made this day of  1974,
WITNESSETH THAT:
AURELE CORMIER, as he is TRUSTEE OF CRESCENT PARK REALTY TRUST under a Declaration of Trust dated April 1, 1971 and recorded with Middlesex South District Registry of Deeds, Book 12007, Page 084, being the sole owner of certain premises in Acton, County of Middlesex and Commonwealth of Massachusetts, as more fully described in Exhibit A hereto attached and made a part hereof, by duly executing and recording this MASTER DEED, does hereby submit said premises to the provisions of Chapter 183a of the General Laws of Massachusetts as amended and proposes to create a condominium to be governed by and subject to the provisions of said Chapter 183a as amended, and to that end said AURELE CORMIER, TRUSTEE of said CRESCENT PARK REALTY TRUST hereby declares and provides as follows:
1.  The name of the condominium shall be DRUMMER FARMS CONDOMINIUM.
2.  The buildings included in Phase I of the condominium consist of a total of ten (10) separate one and two story buildings containing four (4) Units each, a total of forty (40) Units, located on the premises described in said Exhibit A, and shown on the plan next herein referred to.
Said buildings are constructed principally of concrete and wood, have poured concrete foundations, wood frame structures, brick and wood siding and asphault shingle roofs.
The location of each of said buildings is as shown on a plan entitled “Site Plan of Phase I Drummer Farms Condominium in Acton, Mass. Scale:  1 inch = 40 feet”, Acton Survey & Engineering, Inc., 277 Central St., Acton, Mass. (21 sheets) to be recorded herewith.
Expressly excepted from the improvements included in the Condominium are the “existing dwelling” located in the South-westerly portion of the parcel described in Exhibit A, near land shown as Parkwood Manor Trust on the aforesaid plan, and the “existing pool, conc. Decking, wading pool, fence, pool house, and existing well and all appurtenances thereto located in the Westerly portion of said parcel near land shown as Parkwood Manor Trust on the aforesaid plan, together with reasonably unobstructed access thereto and egress therefrom.  Said AURELE CORMIER, TRUSTEE of CRESCENT PARK REALTY TRUST hereby reserves to himself, his successors and assigns the right to use of the foregoing excepted improvements and access and egress, including but not limited to the right to lease the same to or to permit the use by the owners and tenants from time to time of units of Drummer Farms Condominium and of apartment buildings in the vicinity of same.
3.  The Condominium Units and the designations, locations, approximate areas, numbers of rooms, immediately accessible common areas, and other descriptive specifications thereof are as shown on said plan to be recorded herewith.
The boundaries of the Units with respect to the floors, ceilings, and the walls, doors and windows thereof are as follows:
 A.  Floors:  The upper surface of the concrete floor slab of the basement.
B.  Ceilings:  The plane of the lower surface of the upper floor ceiling joists.
C.  Interior Building Walls Between Units:  The plane of the surface facing such Unit of the wall studs or with respect to basement areas, the surface of the concrete wall.
D.  Exterior Building Walls, Door and Windows:  As to walls, the plane of the interior surface of the wall studs, or with respect to basement areas, the interior surface of the concrete wall; as to doors, including storm doors, the exterior surface thereof; and as to windows, including storm windows, the exterior surface of the glass and of the window frames.

4.  The common areas and facilities of the Condominium comprise and consist of (a) said land described in Exhibit A annexed hereto, (b) the foundations, structural columns, girders, beams, supports, exterior walls, and roofs of the building, and the common walls between and within the section of the buildings, (c) all conduits, ducts, pipes, plumbing, wiring, flues, and other facilities for the furnishings of utility services which are contained in portions of the buildings contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than the Unit within which such facilities are contained, (d) the electric meters and the sill-cocks serving common areas and facilities, (e) the yards, lawns, gardens, driveways, walkways, and the improvements thereon and thereof, including walls, railings, steps, lighting fixtures and plants, (f) all sun decks now existing or hereafter to be constructed, and attic space, provided, however, that each Unit Owner whose Unit has or shall have direct access to a sun deck or attic space directly from the interior of his Unit shall have an easement for the exclusive use of such sun deck and/or attic space, and (g) the outdoor parking spaces now existing or hereafter to be constructed, subject to the rights of Unit Owners as may be designated by the Trustees of Drummer Farms Condominiums Trust from time to time with respect to certain of the spaces.
The said land described in Exhibit A hereto annexed and provisions therein set forth shall be subject to and shall have the benefit of the easements, rights and provisions therein set forth.
The Owners of each Unit shall be entitled to an undivided interest in the common areas and facilities in the percentages set forth in Exhibit B hereto annexed and made a part hereof.
Said common areas and facilities shall be subject to the provisions of the By-laws of DRUMMER FARMS CONDOMINIUM TRUST, hereinafter referred to, and to rules and regulations promulgated pursuant thereto with respect to the use and maintenance thereof.  The outdoor parking spaces now existing or hereafter to be provided may from time to time be assigned to particular Unit Owners by the Trustees of DRUMMER FARMS CONDOMINIUM TRUST for such periods and for such charges as said Trustees may in their reasonable discretion determine, all such charges to constitute common funds upon receipt by the Trustees, and insofar as such spaces are not so assigned, the same shall be available for occasional use by all occupants of Units and their guests, subject to and in accordance with said By-Laws and rules and regulations.
5.  The floor plans of the buildings and Units showing the layout and dimensions of the Units, and bearing the verified statement of a registered land surveyor that said plans fully and accurately depict the same as build, are as shown on said plan (21 sheets) to be recorded herewith.
6.  Encroachments.  If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Elements, or if any such encroachment shall occur hereafter as a result of (a) settling of the Buildings, or (b) alteration or repair to the Common Elements made by or with the consent of the Trustees of DRUMMER FARMS CONDOMINIUM TRUST, or (c) as a result of repair or restoration of the Building or a Unit after damage by fire or other casualty, or (d) as a result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the Building stands.
7.  The purposes for which the buildings, and the Condominium Units and other facilities, are intended to be used are as follows:
A. Each of the Units is intended to be used solely for single family residence purposes, subject to the restrictions set forth in the following Section 8., provided, however, that such Units may be used by AURELE CORMIER, TRUSTEE of CRESCENT PARK REALTY TRUST, the declarant hereof, for other purposes temporarily pursuant to provisions of, and subject to limitations set forth in, the following Section 7.C.
B. The outdoor parking spaces are intended to be used for the parking of duly registered private passenger cars of occupants of Units in the Condominium, and not for trucks or other vehicles or items except with the prior written permission of the Trustees of DRUMMER FARMS CONDOMINIUM TRUST.  The Owner of a Unit may grant the right of use of the parking space appurtenant to such Unit from time to time to an occupant of another Unit in the Condominium, but not to any other person.
C. As provided in the foregoing Section 7.A. and notwithstanding provisions of the following Section 8., AURELE CORMIER, TRUSTEE of CRESCENT PARK REALTY TRUST, the declarant hereof, may, until all of said Units have been sold by the declarant, (a) let or lease Units which have not been sold by him, and (b) use any Units owned by him as models for display for purposes of sale or leasing of Units.
8.  Said Units shall be subject to the restrictions that, unless otherwise permitted by instrument in writing duly executed by the Trustees of DRUMMER FARMS CONDOMINIUM TRUST pursuant to provisions of the By-laws thereof, hereinafter referred to, (a) no such Unit shall be used for any purpose other than as a dwelling for one family, (b) no business activities of any nature shall be conducted in any such Unit, except that a lawyer, physician, architect, engineer, accountant, real estate broker, business consultant, or insurance agent, residing in any such Unit may maintain therein an office for his personal professional use and may display a nameplate not larger than 6 inches by 12 inches, but no employee or persons other than a resident of such Unit shall engage therein in any such activities and no such office shall be advertised, held out or used as a place for service to clients or patients, (c) no such Unit shall be rented, let, leased or licensed for use or occupancy by others  than the owners thereof except to persons who have first been approved in writing by said Trustees, provided, however, that such right of approval shall not be exercised so as to restrict use or occupancy of Units because of race, creed, color or national origin, (approval applied for and not obtained within one (1) week shall constitute approval) (d) the architectural integrity of the building and the Units shall be preserved without modification, and to that end, without limiting the generality, no porch, deck or yard enclosure, awning, screen, antenna, sign, banner or other device, and no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to any such Unit or any part thereof, no addition to or change or replacement of any exterior light, door knocker or other exterior hardware shall be made, and no painting, attaching of decalcomania or other decoration shall be done on any exterior part or surface of any Unit nor on the interior surface of any window, (e) all maintenance and use by Unit Owners of yards, closets, parking spaces, lights and other facilities shall be done so as to preserve the appearance and character of the same and of the grounds and buildings without modification, and (f) all use and maintenance of such Units shall be conducted in a manner consistent with the comfort and convenience of the occupants of other Units and in accordance with provisions with respect thereto from time to time promulgated by said Trustees.
Said restrictions shall be for the benefit of the Owners of all of the Condominium Units and the Trustees of DRUMMER FARMS CONDOMINIUM TRUST as the persons in charge of the common areas and facilities, shall be enforceable solely by said Trustees, and shall, insofar as permitted by law, be perpetual; and to that end may be extended by said Trustees at such time or times and in such manner as permitted or required by law for the continued enforceability thereof.  No Unit Owner shall be liable for any breach of the provisions of this paragraph except such as occur during his or her ownership thereof.
9.  This Master Deed may be amended by an instrument in writing (a) signed by the Owners of Units entitled to seventy-five (75%) percent or more of the undivided interests in the common areas and facilities, and (b) signed and acknowledged by a majority of the Trustees of DRUMMER FARMS CONDOMINIUM TRUST, and (c) duly recorded with Middlesex South District Registry of Deeds; PROVIDED, HOWEVER, that:
A. The date on which any such instrument is first signed by a Unit Owner shall be indicated thereon as the date thereof and no such instrument shall be of any force or effect unless the same shall have been so recorded within six (6) months after such date.
B. No instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same shall have been signed by the Owners of the Unit so altered.
C. No instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the common areas and facilities shall be of any force or effect unless the same shall have been signed by the Owners of all of the Units and said instrument is therein designated as an Amended Master Deed.
D. No instrument of amendment affecting any Unit in a manner which impairs the security of a first mortgage of record thereon held by a bank or other lending institution shall be of any force or effect unless the same shall have been assented to by such holder, and
E. No instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of said Chapter 183a of the General Laws of Massachusetts shall be of any force or effect.
10.  Notwithstanding the provisions of paragraph 9, this Master Deed may be amended at any time prior to December 31, 1977 without the consent of any Unit Owner or Mortgagee or any of those claiming by, through or under the same by said Aurele Cormier as he is Trustee of said CRESCENT PARK REALTY TRUST, or his successors in interest, so as to add to the condominium and submit to the provisions of Chapter 183a of the General Laws of Massachusetts as amended those certain premises as are more fully described in Exhibit C hereto attached and made a part hereof, together with all improvements thereon (hereinafter called Phase II) and subject to and with the benefit of the easements, rights and provisions set forth in Exhibit A and Exhibit C.  Any such amendment shall contain with respect to Phase II all of the particulars required by said Chapter 183a as amended, and from and after the recording of such amendment with the Middlesex South District Registry of Deeds DRUMMER FARMS CONDOMINIUM shall include Phase II.  The buildings to be included in Phase II of the condominium will consist of a total of ten (10) separate one and two story buildings containing four (4) Units each, a total of forty (40) Units, located on the premises described in said Exhibit C.  Access shall be provided over the roadways and walkways existing in Phase I and over the roadways and walkways to be constructed in Phase II.  The percentage interest of each Unit Owner in Phase I in the common areas and facilities will decrease to the percentage interest shown on Exhibit B if Phase II shall be submitted to the provisions of General Laws Chapter 183a, as amended, pursuant to this Paragraph 10., and the percentage interest of each Unit Owner in Phase II in the common areas and facilities shall be as shown on said Exhibit B.
11.  The Trust through which the Unit Owners will manage and regulate the Condominium established hereby is DRUMMER FARMS CONDOMINIUM TRUST under Declaration of Trust dated  1974, to be recorded herewith.  Said Declaration of Trust establishes a membership organization of which all Unit Owners shall be members and in which such owners shall have a beneficial interest in proportion to the percentage of undivided interest in the common areas and facilities to which they are entitled hereunder.  The name and address of the original and present Trustee thereof is as follows:
 AURELE CORMIER, 9 Jefferson Avenue, Burlington, Massachusetts
Said Trust has enacted By-laws, which are set forth in said Declaration of Trust, pursuant to and in accordance with provisions of said Chapter 183a of the General Laws of Massachusetts.
12.  Said DRUMMER FARMS CONDOMINIUM TRUST shall have a right of first refusal with respect to all sales of Condominium Units (except the initial sales thereof by AURELE CORMIER, TRUSTEE of CRESCENT PARK REALTY TRUST, the declarant hereof), and to that end no Owner of any Unit shall sell or convey the same to any person other than a spouse or child of such Owner unless (1) said Owner shall have received a bona fide offer to purchase the same, (2) said Owner shall have given the Trustees of DRUMMER FARMS CONDOMINIUM TRUST written notice stating the name and address of the offeror and the terms and conditions of said offer and the encumbrances subject to which the Unit is to be conveyed, and containing an offer said Owner to sell said Unit to the Trustees of DRUMMER FARMS CONDOMINIUM TRUST on the same terms and conditions as said bona fide offer, and (3) said Trustees of DRUMMER FARMS CONDOMINIUM TRUST shall not within thirty (30) days after the giving of such notice have given said Owner written notice of the election of said Trustees to purchase said Unit in accordance with said offer.  In the event that said Trustees shall so elect to purchase, the deed shall be delivered and the consideration paid at Middlesex South District Registry of Deeds at 11:00 o'clock A.M., on the thirtieth day after the date of the giving of such notice of election to purchase.  In the event that said Trustees shall not so elect to purchase, then said Owner shall be free thereafter to sell and convey said Unit to the offeror named in said Owner's notice at a price not lower than that specified therein but said Owner shall not sell or convey said Unit to any other person or at any lower price without again offering the same to said Trustees.  The provisions of this paragraph shall not be construed to apply to bona fide mortgages of any Unit or to sale or other proceedings for the foreclosure thereof.  For purposes of this Paragraph 11. a lease or tenancy or occupancy agreement for a term of more than five (5) years shall be deemed to be a sale, and said DRUMMER FARMS CONDOMINIUM TRUST shall have a right of first refusal with respect to any such lease, tenancy or occupancy, exercisable in the manner aforesaid insofar as applicable.  The rights of first refusal hereunder shall not be exercised so as to restrict ownership use or occupancy of Units because of race, creed, color or national origin.  No Unit Owner shall be liable for any breach of the provisions of this paragraph except such as occur during his or her ownership thereof.  The Trustees may, in any particular instance (s) waive the requirements of this Paragraph 11.
13.  The Units and the common areas and facilities, and the Unit Owners and Trustees of DRUMMER FARMS CONDOMINIUM TRUST shall have the benefit of and be subject to the provisions of said Chapter 183a of the General Laws of Massachusetts, and in all respect not specified in this Master Deed or in said Declaration of Trust of DRUMMER FARMS CONDOMINIUM TRUST and the by-laws set forth therein, shall be governed by provisions of said Chapter 183a in their relation to each other and to the Condominium established hereby, including, without limitation, provisions thereof with respect to common expenses, funds and profits, with respect to improvements and rebuilding of common areas and facilities, and with respect to removal of the Condominium premises or any portion thereof from the provisions of said Chapter 183a.
14.  All terms and expressions herein used which are defined in Section 1 of said Chapter 183a shall have the same meanings herein as set forth in said Section 1.
IN WITNESS WHEREOF, the said AURELE CORMIER, TRUSTEE of CRESCENT PARK REALTY TRUST has hereto affixed his hand and seal the day and year first above written.

Witness:     CRESCENT PARK REALTY TRUST

______________________________ By_____________________________
           Aurele Cormier, Trustee

COMMONWEALTH OF MASSACHUSETTS

ESSEX, ss.          1974

Then personally appeared the above named AURELE CORMIER, TRUSTEE as aforesaid, and acknowledged the foregoing instrument to be his free act and deed, before me.

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Notary Public