977303' DECLARATION OP CONDOMINIUM OF PARKWAY 103 CONDOMINIUM 103rd and Nall Overland Park, Kansas. MADE this 2tr..22day of January, 1974, by

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1 -or., PLED 9 NS. OtAHE, KAN= ' DECLARATON OP CONDOMNUM OF PARKWAY 03 CONDOMNUM 03rd and Nall Overland Park, Kansas 4- MADE ths 2tr..22day of January, 974, by LAW OFF C! ANDERSON. GRANGER AND NAGELS.CAPTOL 'MURAL BULDNG SUTE N AND NALL' OVERLAND PARK. PANDAS L PARKWAY 03 LAND COMPANY, NC., a Kansas Corporaton, called ; Developer, for tself, ts successors, grantees and assgns. WHEREN, the Developer makes the followng dash.. laratons: Kansas Statutes Annotated, as amended, hereafter called the Apartment ownershp Act.. Name and Address. The name by whch ths condomnum s to be dentfed s Parkway 03 Condomnum, : and ts post offce address s 5423 W. 03rd Place, Overland Park, Kansas.. Purpose. The purpose of ths Declaraton s h f to submt the lands descrbed n ths nstrument and mrove ments on such lands to the condomnum form of ownershp P and use n the manner provdad by Chapter 58, Artcle 3,.2 The Land. The lands owned by Developer, whch by ths nstrument are submtted to the condomnum form of ownershp, are the followng descrbed lands lyng n Johnson County, Kansas: Lots through 6, Block ; Lots through 8, Block 2; Lots through 8, Block 3, NALL HLLS, PARKWAY 03, a subdvson n Overland Park, Johnson County, Kansas, accordng to the recorded plat thereof. whch lands are called "the land."mt.!w KANSAS /ss MNYOFJOHNSON ). F:EUFORRECORD ' 5 FEB 25 P.d Z AAA )'47:t7!:...) REGSTER OF HERS 5. BY CEP,!ml $455 Fec dal ; ;

2 2. Defntcns. The terms used n ths Declaraton and n ts exhbts shall have the meanngs stated n the Apartment Ownershp Act and as follows, unless the context otherwse requres: 2. Apartment means unt or apartment as defned by the Apartment Ownershp Act. 2.2 Apartment owner means unt owner or apartment owner as defned by the Apartment Ownershp pct. 2.3 Assocaton means Parkway 03 Condomnum Assocaton, nc., a Kansas not for proft corporaton and ts successors Common Areas and facltes mea s the common areas and facltes as defned by the Apartment Ownershp Act and shall, wthout lmtaton, nclude the tangble personal property requred for the mantenance 4 and operaton of the condomnum, the swmmng pool, com-, ;amty buldng area and facltes, publc streets, walks, drveways, fences and patos and all other property owned by the Assocaton. 2.5 Common expenses means the common expenses as defned by the Apartment Ownershp Act and shall nclude: a. expense of admnstraton; expenses of nsurance, mantenance, operaton, repar, and replacement of the common areas and facltes, and the portons of apartments to be mantaned by the Assocaton. b. expenses declared common expenses by the Assocaton. c. any vald charge aganst the condomnum property as a whole. 2.6 Condomnum means all of the condomnum property as a whole when the context so permts, as well as the meanng stated n the Apartment Ownershp Act. 2.7 Sngular, plural, gender. Whenever the context so permts the use of the plural shall nclude the sngular, the sngular the plural, and the use of any gender shall be deemed to nclude all genders. -2- _ Etc., OtJu FAtvva

3 .. S 2.8 Central Servces as used n the Apartment Ownershp Act and as construed wth reference to ths condomnum, and as used n the Declaraton and By-Laws, stall nclude but not be lmted to cold water, garbage, sewage, =...4 so l d waste dsposal, and n addton at the club only, heatng, ar-condtonng, electrc power and gas. 2.9 Common ncome means all of the ncome,. 4 rents, profts, and revenues from the common areas and facltes. 2.0 Common profts means the balance of all common ncome remanng after deducton of the common expenses. 3. The Condomnum. The Condomnum s descrbed and establshed as set out on the recorded plat of Parkway 03! Condomnum fled of record wth the Regster of Deeds of f Johnson County, Kansas, ncludng, but not lmted to, the land descrbed n paragraph.2 above, thrty-one (3) buldngs contanng a total of one hundred and sx (06)! apartment unts wth basements, and the common areas as defned n paragraph 2.4 hereof. a. Descrpton of Buldngs. All buldngs are wood frame constructon wth brck veneer wood sdng and poured concrete foundatons. Buldngs, 27 and 30 are two story, and contan two apartments wth basements, and two two car garages per buldng. B "."ngs 3, 6, 7, 4, 25 and 29 arc two and one-half story, and contan two apartments wth basements, and two two car garages per buldng. Buldngs 2, 4, 5, 6, 8, 9, 0,, 3, 4, 8, 9, 20, 2, 22, 23, 26, 28, and 3 are two story and contan four apartments wth bssensft'f sad four two our garages per buldng Buldngs 7, 2, 8, 5 are two and one half story and contan four apartments wth basements and four two car garages per buldng. The Buldngs desgnated "Communty Buldng" s a one story brck buldng contanng no apartments, and s not numbered. 3 OCC nos. A Pr) tvl totrar Wtjl

4 4 - k :. ll b. The Descrpton of Apartments ncludng! the buldng and apartment number of each apartment, ts locaton, number of rooms, approxmate area, proportonate nterest and value of the property and of each apartment as shown on the recorded plat of Parkway 03 Condomnum s set forth n Table Number. c. The mmedate common areas to whch each apartment has access as shown on the recorded plat of Parkway 03 Condomnum, nclude the entrances, exteror foundatons and roofs of each buldng n whch an apartment s located and the accompanyng walks, drveways and lawns. d. The common areas, of the condomnum as shown on the recorded plat of Parkway 03 Condomnum and as defned n the Apartment Ownershp Act and as descrbed n paragraph 2.4 of ths Declaraton nclude mmedate ; common areas and lmted common areas. e. The lmted common areas, as shown on the recorded plat of Parkway 03 Condomnum, nclude patos and balcony areas to the apartments to whch they appertan. f. The purpose for whch each buldng and each apartment s ntended s resdental and each buldng and each apartment s restrcted to such use except as pro- vded n paragraph 0.9 of ths Declaraton. g. Servce of Process: the person to receve servce of process n any acton relatng to the common areas ) and facltes s: Clfton R. Cohn, 5423 West 03rd Place, t l Overl and Park, Kanaaa, h. Damage or Destructon. The determnaton of whether to rebuld, repar, restore or sell the property n the event of damage or destructon of all or part of the property and the percentage of votes by apartment owners n regard thereto s herenafter set forth n paragraph 9. and sub-paragraphs thereof. -4- Gum. Ogg &two.. %/tro rate 464

5 4 _, Sloch Slag. Apt. Address - - TABLE No. Approx. Proport. of Area nterest Value Rooms (Sq ft) 5426 Nest 03rd Terrace 2, $30,975 ' West 03rd TCC4Ce 2, $30, West 03rd Terrace 2, $33, West 03rd Terrace 2, $30, West 03rd Terrace 2, $30, West 03rd Terrace 2, $53, West 03 rd Terrace 2, $30, West 03rd Terrace 2, $30, West 03rd Terrace 2 2, $3,500, West 03rd Terrace 2, $29, West 03rd Terrace '2 2, $3,500 4 ' West 03rd Terrace. 2, $29, Ash 2, 2, $3,500' Ash.2,300 '. ' $29, S 037 Ash 2 '.'2, $3, Ash- ' 2,300 ' $29, Ash ' 2 2,500 " $3, Ash. 2, $29, Ash 2' 2; : $3,500" '0333 Ash,... 2, $29, Ash ': 2, $30,975 7, Ash 2, ,$30, Ash : 2, $30,975., Ash U. 2, $30, Ash ' 2, $33, Ash 2, $30,975, Ash - 2, $30, "" Ash ' 2, $33, Ash 2,400 '.944 $30,975. : Ash 2, $30, Ash ' 2, $30, Ash. ' 2,400 '.944 $30, Ash ' 2, $30975 / Ash 2, : $30,975 _, 5' Ash 2, $30,975,,.v AAT Ash. 2, $50,95.,., ; West 04th Terrace 2, $33,075 ' West 04th Terrace 2,40D.944 $30,975 ' l West 04th Terrate 2, $3n,o75, West 04th Terrace 2, $33,075 l WeL 04th Te.rlac& 2, $30, Hest 204th Terrace 2, $50,975 2 : West 04th Terrace 2, $30,975 2 : West 04th Terrace 2,40D.944 $30S West 04th Terrace 2, $30, West 04th Terrace 2,400 ':.944 $30, West 04th Terrace 2, $30, West 04th Terrace 2, $30, West 04th Terra.:e 2,400 :944 $30, West 04th Terrace 2, $30, West 04th Terrace 2, $30, West 04th 7 e 2, $30,975-4A f55 mr485

6 TABLE Block Bldg. Apt. Address No. Approx. Proport. of Area nterest Value /teems (Sq ft) t ' S Nest 04th Terrace 2, $30, Nest 04th Terrace - 2, $30, West 04th Terrace 2, $30, West 04th Terrace 2, $30, West 04th Terrace 2, $30, West 04th Terrace 2, $30, West 03rd Terrace 2, $30, West 03rd Terrace 2, $30, West 03rd Terrace 2, $33, West 03rd Terrace 2, $30, West 03rd Terrace 2, $30, West 03rd Terrace 2, $33, West 03rd Terrace 2, $29, West 03rd Terrace 2 2, $3, West 03rd Terrace 2, $29, Nest 03rd Terrace 2 ' 2, $3, Ash. 2, $30, Ash 2, $30, Ash. 2, $30, Ash : 2, $50,975 _ Ash. 2,300 j $29, Ash 2 2, $3, Ash 2, $29, Ash 2 2, $3, West 03rd Place 2, $30, Nest 03rd. Place 2, $30,975..* West 03rd Place 2, $30, West 03rd Place 2, $30, West 03rd Place 2, $29, S404 West 03rd Place 2 2, $3, West 03rd Place 2, $29, West 03rd Place 2 2, $3, West 03rd Place - 2, $30, West 03rd Place 4 2, $30,975 3 : ;:, West 03rd Place 2, '. $30, '.., West 03rd Place 2, $50,975 " -! ' Nest 03rd Place 2, $29,925. 3! 26 ' West 03rd Place 2 2, $3, West 03rd Place 2, $29, : West 03rd Place 2 2, $3, West 03rd Place 2, $29, West 03rd Place 2 2, $3, West 03rd Place 2, $29,92S West 03rd place 2 2, $3, West 03rd Place 2, $29, West 03rd Place 2 2,500, $3,500 vor: 955 pme469 Amt L...

7 TABLET T No. Approx. Proport..;a: Bldg. Apt. A444as,a. of Area nterest Value. Rooms (5q. ft) West 04th Street 2, $30, West 04th Street 2, $30, Nest 04th Street 2, $30, West 04th Street 2, $30, Y.* West 04th Strout 2, $30, West 04th Street 2, $30, Nest 04th Street 2, $30, West 04th Street 2, $30;975., 44 ;.; - svou 955 ra4e467

8 _4 3 3 a l t. Ths Declaraton and all amendments thereto may be amended:. By the corporaton flng ths Declaraton, ts successors or assgns or by the Assocaton of Apartment Owners, except as otherwse provded by the Apartment Ownershp Act.. All such amendments shall be duly executed, acknowledged and recorded. - all fre* mnr*gmg..c *hall be 9 notfed wthn thrty (30) days of any amendment to ths Declaraton or the By-Laws of the Assocaton. 3. Exclusve Ownershp. Each apartment owner shall be enttled to the exclusve ownershp and possesson of hs apartment. 3.2 Real Property. Each apartment, together wth ts undvded nterest n the common areas and facltes, shall for all purposes consttute real property. 3.3 Easements. Easements are reserved through the condomnum property as may be requred for provdng central servces, ncludng the repar and mantenance thereof, n order to serve the condomnum adequately. 3.4 Apartment Boundares. Each apartment, whch term as used n ths sub-secton concernng boundares 4 shall nclude that part of the buldng' contanng the apart - ment whch les wthn the boundares of the apartment, whch boundares are as follows: a. Upper and lower boundares. The upper and lower boundares of the apartment shall be the followng boundares extended to an ntersecton wth the vertcal : boundares:. Upper boundary - the horzontal plane of the under surfaces of the fnshed celng of such apartment.. Lower boundary - the horzontal plane of the undecorated surfaces of the floor slab. -5- AOL 955 pa48

9 ' b. Vertcal Boundares. The vertcal boundares of the apartment shall be:. The exteror walls - the nteror surface undecorated F nshed walls or glass boundng the apartment extended to ntersectons wth each other and wth the upper and lower boundares, except:. The nteror wall - the undecorated fnshed core wall extended to ntersecton wth each other and wth the upper and lower boundares.. nteror dvdng walls - the - _ l ; Alh apartment extended to ntersecton wth other vertcal 4 vertcal planes of the center lne of walls boundng an A boundares wth the followng exceptons: () Where walls between unts are -. l. of varyng thckness, or abut a column, the plane of the! / center lne of a boundng wall shall be extended to an ntersecton wth the connecton boundng plane wthout! regard to the plane of the center lne of an ntervenng t column. (2) Where walls of dfferent t thckness abut so that ther center lnes do not ntersect, f the olane of the center lne of the thnner wall shall be extended nto the thcker wall for a dstance whch s one-half the thckness of the thnner wall, and the boundary shall thence run at a rght angle to the plane of the center lme of the thcker 4. The Apartment. The apartments of the condomnum are descrbed more partcularly as follows: Each apartment shall nclude as part of the exclusve property thereof the followng, whether contaned theren, or appurtenant thereto: a garage, nut wetee heater, forced ar furnace and ar-condtoner, plumbng fxtures, one or less freplaces, dshwasher, waste dsposal, electrc oven and range, floor and wndow coverng and cabnetry. All apartments wll nclude garages as shown on the recorded plat of Parkway 03 Condomnum fled of record wth the Regster of Deeds of Johnson County, Kansas. -6- vol. 955 PPLE 469

10 f A U t H 4. Apartment Numbers. Apartments are descrbed. H 0 0. h l by number on the recorded plat of Parkway Condomnum 03 fled of record wth the Regster of Deeds of Johnson County, Kansas. 4.2 Appurtenances to Apartments. The owner of each apartment shall own that share and percentage of undvded nterest n the common areas and facltes as descrbed n Table Number, whch nterest shall not be separated from the apartment to whch t appertans, ncludng but not lmted to themembershp of each apartment owner n the Assocaton and the nterest of each apartment owner n the funds and assets held by the Assocaton. 4.3 Lablty Each apartment owner shall be lable for a proportonate share of the l C common expenses, and shall share n the common ncome and! common proft such share beng the same as the undvded share n the common areas and facltes appurtenant to hs apartment. 5. Mantenance, alteraton and mprovement. Responsblty for the mantenance of the condomnum v property, and restrctons upon ts alteraton and mprove- went, shall be as follows: 5. Apartments. a. By the Assocaton. The Assocaton shall mantan, repar and replace at the Assocaton's expense all common areas and facltes ncludng:. All portons of each apartment, except nteror surfaces, contrbutng to the support of the structures, whch portons shall nclude but-not be lmted to the boundary walls of each apartment.. All conduts, ducts, plumbng, wrng, and other facltes for the furnshng of central servces whch are contaned n the portons of a structure mantaned by the Assocaton, and all such facltes contaned wthn an apartment that servce part or parts of the condomnum other than the apartment wthn whch contaned; and, -7- EYUC 955 PAtE 470

11 s. All ncdental damage caused to an apartment by such work shall be repared promptly at the expense of the Assocaton. b. By the Apartment Owner. The respons- blty of the apartment owner shall be as follows:. To mantan, repar, and replace at hs expense all glass wndows, glass doors or storm wndows appertanng to hs apartment.. To mantan, repar and replace at hs expense all portons of hs apartment except the portons to be mantaned, repared and replaced by the t Assocaton. Such shall be done wthout dsturbng the jrghts of other apartment owners.. Not to pant or otherwse decorate! or change the appearance of any porton of the exteror of t a structure nor do any work whch would jeopardze the j ; soundness or safety of the propert y, reduce the value 4.nrnnf nr ntra r Any naromant or heredtament wthout n! every such case frst obtanng the unanmous consent of K all of the other apartment owners. v. To promptly report to the Assocaton any defect or need for repars for whch the Assocaton s responsble. c. Alteraton and mprovement. Except as elsewhere reserved to Developer, nether an apartment owner nor the Assocaton shall make any al- _on n the portcne of the structures to be mantaned by the Assocaton, or remove any porton of such, or make any addtons to them, or do work that would jeopardze the safety or soundness of the condomnum property, or mpar any easement or heredtament wthout frst obtanng approval n wrtng of owners of all apartments, the approval of the Board of Drectors and the approval of mortgagees of record to the property affected. A copy of the plans for such work prepared by an archtect lcensed to practce n ths state shall be fled wth the Assocaton pror to the start of the work. -8- ;VOL 955 pnr7

12 -. r. 5.2 Common areas and facltes. a. By the Assocaton. The mantenance and operaton of the common areas and facltes Shall be the responsblty of the Assocaton and a common expense. b. Alteraton and mprovement. After completon of the mprovements ncluded n the common areas and facltes contemplated by ths Declaraton, such mprovements shall be deemed to be permanent n character and shall not be altered wthout the consent of all apartment owners. The makng of any addtons, alteratons or mprovements and provdng the necessary work of mantenance, repar and replacement to the common areas and facltes shall be carred out as provded heren and n the By-Laws of the Assocaton. No apartment owner may exempt hmself from lablty for hs contrbuton toward common expenses and for mprovements, alteratons and addtons properly authorzed to common areas and facltes by waver of the use or enjoyment of the common areas and facltes or by abandonment of hs apartment. Labor performed or materals furnshed for common areas and facltes f duly authorzed by the Assocaton, ts managng offcer or ts Board of Drectors n accordance wth ths Declaraton or the By-Laws of the Assocaton shall be deemed to be performed end furnshed wth the express consent of each apartment owner and shall be the bass for the flng of a len pursuant to the laws of the State of Kansas aganst each of the apartments. n the a 4.h aganst ten nr mnre apartments become effectve, the apartment owners. of the separate apartments may remove ther apartment and ther percentage of undvded nterest n the common areas and facltes appurtenant to such apartment from the len by payment of the fractonal or proportonate amounts attrbutable to each of the apartments affected. Such ndvdual payment shall be computed by reference to the. percentages appearng n ths Declaraton. Subsequent to any such payment, dscharge, or satsfacton, the apartment and the percentage of undvded nterest n the common areas and facltes -9- VOL 955 PASE 472

13 ..' appurtenant thereto shall thereafter be free and clear of the len so pad, satsfed or dscharged. 5.3 The common areas and facltes shall reman undvded and no apartment owner or any other person 4 shall brng any acton for partton or dvson thereof, unless the property has been removed from the provsons h of the Apartment Ownershp Act. 5.4 Each apartment owner may use the common areas and facltes n accordance wth the purpose for whch they were estended wthout hnderng or encroachng upon the lawful rghts of the other apartment owners but subject to the By-Laws and Regulatons of the Assobaton. 5.5 The Assocaton shall have the rrevocable rght to be exercsed by ts managng offcer or Board of Drectors to have access to each apartment from tme to tme durng reasonable hours as may be necessary for the mantenance,' repar or replacement of any of the common areas and facl- tes theren or accessble therefrom or for makng emergency repars theren necessary to prevent damage to common areas ;! ;. and facltes or to another apartment or apartments. 6. Assessments. The makng and collecton of assessments aganst apartment owners for common expenses shall be pursuant to paragraph 4.3 hereto and the By-Laws and subject to the followng provsons: 6. Common expense. The common expenses shall nclude but not be lmted to the expenses of operaton, mantenance, repar, replacement, mprovements or addtons to and of the common areas and facltes and costs of carryng out the powers and dutes of tne Assocaton and other expenses desgnated as common expert ex by ths Declaraton or by the By-Laws of the Assocaton. 6.2 nterest: applcaton of payments. Assessments and nstallments on such assessments pad on or before ten days after the date when due shall not bear nterest, but all sums not pad on or before ten (0) days after the date when due may bear nterest at the rate of ten percent (0%) -0- :vol: 955?Atz4.73 4

14 ' D. '!!.... per annum from the date when due untl pad upon resole-.....a ton of the Board of Drectors of the Assocaton. All P ; payments upon account shall be frst appled to nterest and. then to the assessment payment frst due. H 6.3 Len for assessments: a. All sums assessed by the Assocaton but unpad for the share of common expenses chargeable to any apartment shall consttute a len on such apartment pror to all other lens except only ) tax lens on the apartment n favor of any assessng unt and specal dstrct, and () all sums unpad on a frst mortgage of record. Such len may be foreclosed by sut by the Manager or the Board of Drectors of the Assocaton, actng on behalf of the apartment owners, n lke manner as a mortgage on real property. n any such foreclosure, the Manager or the Assocaton, on behalf of the apartment owners, shall have power to bd n the apartment at foreclosure sale and to..: acqure and hold, lease, mortgage and convey the same. Sut to recover a money judgment tor mpala common expenses shall be mantanable wthout foreclosng or wavng the len securng the same. b. Where the mortgagee of a frst mortgage of record or other purchaser of an apartment obtans ttle to an apartment as a result of a foreclosure of the frst mortgage or by a deed executed n leu of foreclosure, such acqurer of ttle, hs successors and assgns, shall not be lable for the share of the common expenses or assessments by the Assocaton chargeable to such apartment whch become due pror to the acq."-" l or. of ttle to ouch apartment by the acqurer and such acqurer of ttle shall take the property free of any clams for unpad assessments or v. drew aganst the mortgaged unt whch accrued pror to the tme of acquston of such ttle. Such unpad share of common expenses or assessments shall be deemed to be common expenses collectble from all the apartment owners ncludng such acqurer, hs successors and assgns. ow: 955 er,e474

15 j c. n a voluntary cenveyance the grantee of an apartment shall be jontly and severally lable wth the grantor for all unpad assessments aganst the grantor for grantor's share of the common expenses up to the tme of the grant or conveyance, wthout prejudce to the grantee's rght to recover from the grantor the amounts pad by the grantee therefor. Provded, however, that any such grantee shall be enttled to a statement from the managng offcer of the Assocaton or ts Board of Drectors settng forth the amount of the unpad assessments aaanst the arantor and such grantee shall not be lable for, nor shall the apartment conveyed be subject to a len for any unpad assessments aganst the grantor n excess of the amount theren set forth. 6.4 Rental pendng foreclosure. n any fore - closure of a len for assessments the owner of the apartment subject to the len may be requred to pay a reasonable rental for the apartment, and the Assocaton shall be enttled to the appontment or a recever to collect the same upon resoluton of the Board of Drectors of the Assocaton. 7. Assocaton. The operaton of the con- : domnum shall be by Parkway 03 Condomnum Assocaton, nc., a corporaton not for proft under the laws of Kansas, whch shall fulfll ts functons pursuant to the followng -; provsons: 7. Artcles of ncorporaton. A copy of the Artcles of ncorporaton of the Assocaton s attached. 7.2 ry-le. The admnotr."- 4 -: of the and of the Assocaton shall be governed by the By-Laws, a Lrue copy of whch s annexed to ths Declaraton and made a part thereof. No modfcaton of or amendment to the By-Laws shall be vald unless set forth n an amendment to ths Declaraton and such amendment s duly recorded. 7.3 Lmtaton upon lablty of Assocaton. r Notwthstandng the duty of the Assocaton to mantan and repar parts of the condomnum property, the Assocaton shall P.4"E475

16 not be lable to apartment owners for njury or damage, other than the cost of mantenance and repar, caused by any latent condton of the property to be mantaned and repared by the Assocaton. 7.4 Restrant upon assgnment of shares n assets. The share of an apartment owner n the funds and assets of the Assocaton cannot be assgned, hypothecated or transferred n any manner except as an appurtenance to. hs apartnent. 7.5 Approval or dsapproval of matters. Whenever the decson of an apartment owner s requred upon any matter, whether or not the subject of an RMMatOT meetng, such decson shall be expressed by the same person who would cast the vote of such owner f n an Assocaton meetng, unless the jonder of record owners s specfcally requred by ths Declaraton. 7.6 Votng rghts. Members of the Assocaton shall be enttled to such number of votes as shall equal hs percentage of undvded nterest n the common areas and facltes 7.7 Leasng. The Assocaton shall have the ; power and authorty to enter nto such leases () for portons of the common areas and facltes and (2) of addtonal facltes not on the condomnum property as t shal l deem advsable and for the benef t- of apartment owners. 7.8 Books of recepts and expendtures. The managng offcer of the Board of Drectors of the Assocaton shall keep detaled accurate records n chronologcal order, of recapts and expendtures affectng the common areas and facltes, specfyng and temzng the mantenance and repar expenses of the common areas and facltes and any other expenses ncurred. Such records and vouchers authorzng payments shall be avalable for examnaton by apartment owners and mortgagees and/or ts agents or attorneys at j convenent hours of weekdays. -3- ow; 955 mt 476

17 .. q - l Manager, The Board of Drectors of the Assocaton shall employ a managng offcer (also heren E referred to as manager) to oversee and be responsble for : the operaton and management of the propert y. Sad lmanagng offcer shall be pad such compensaton as shall : be agreed upon. No contract wth such managng offcer!: shall be for a term greater than one () year and may be /, renewed from year to year thereafter. The holders of all frst mortgages shall be notfed wthn thrty (30) days. by the Assocaton of any change of managng offcer. t 7.0 Notfcaton to Frst Mortgagees. The Assocaton, wthn thrty (30) days of default by an owner, t shall notfy the holder of the frst mortgage of an apartment l of any default by the mortgagor n the performance of such mortgagor's oblgaton under ths Declaraton, the By-Laws... and the regulatons of the Assocaton whch the mortgagor ',. has not cured.! jt ; ;: 7. Legal Acton. The Assocaton shall have the rght and authorty for and on behalf of the apartment owners to ntate any legal acton or clam arsng out of ther ownershp of apartments heren, and to negotate any settlement thereof as shall be authorzed by the Board of Drectors; and to challenge any tax or specal assessment that may be leved aganst any apartment. 7.2 Borrow Money. The Board o f rar.*ora of ; the Assocaton shall have the rght to borrow money for U and on behalf of all apartment owners at such rate of nterest and for such perod of tme as they shall deem advsable for the purpose of provdng funds for carryng out the functons and dutes of the Accocaten. Such sums so borrowed shall be the several oblgaton of the sad owners to the extent of ther percentage nterest n the common areas and facltes. Any sum borrowed n excess of $0, shall frst have the approval of ffty-one (5%) percent of the votes of the entre membershp. -4- rvoe 955 PmE477

18 Commttees.. The Board of Drectors of the Assocaton shall establsh such number of commttee and for such purposes as t shall deem advsable: provded, however, that t may appont an Executve Commttee con-.. slatng of not ware than three (3) Board neabers to act for 0 and on behalf of the Board and between meetngs of the Board. f, 7.4 Desgnaton of votng representaton. f : l an apartment s owned by one person hs rght to vote shall l t be establshed by the record ttle to the apartment. f an f apartment s owned by more than one person or s under lease, the person enttled to vote for the apartment shall be. untl a change n the ownershp of the apartment concerned. A certfcate desgnatng the person enttled to cast the vote of an apartment may be revoked by any owner thereof. U 7.5 Change of membershp n the Assocaton. q Change of membershp n the Assocaton, shall be establshed..;.. t lby recordng n the Offce of the Recorder of Deeds of l' l desgnated by a certfcate sgned by all the record owners l of the apartment and fled wth the Secretary of the Assocaton 0. f the apartment s owned by a corporaton, the person enttled to cast the vote for the apartment shall be desgnated by a certfcate of appoatment sgned by the Presdent or Vce-Presdent and attested by the Secretary or Assstant Secretary of the corporaton fled wth the Secretary of the Assocaton. Such certfcates shall be vald untl revoked or untl superseded by a subsequent certfcate or Johnson County, Kansas a deed or other nstrument establshng a record ttle to an apartment n the condomnum and the 0 delvery to the Assocaton of a copy of such nstrument, r the owner desgnated by such nstrument thereby becomng a H. member of the Assocaton. The membershp of the pror owner shall be thereby termnated. n leu of recordng such nstrument wth the Regster of Deeds, a fnal order entered by a court of competent jursdcton transferrng such ownershp shall transfer such ttle provded a certfed copy of such fnal order s delvered to the Assocaton Noll 955 PACE 478

19 f L._ 8. nsurance. the nsurance other than ttle 2 nsurance whch shall be carred upen the condomnum prop- '. erty and the property of the apartment owners shall be. governed by the followng provsons: 8. Authorty to purchase: named nsured. The Board of Drectors of the Assocaton shall obtan such. nsurance as s heren requred and as t deems advsable,. ncludng, but not lmted to, nsurance aganst loss or _ damage by fre and such other hazards, extended coverage and -4 umbrella protecton, under such terms and for such amounts 2 as shall be requred or requested. Such nsurance coverage H shall be wrtten on the property n the name of the Board of r. r Drectors of the Assocaton as trustee for each of the! apartment owners n the percentages establshed n ths Declaraton. Premums for such nsurance shall be common q expenses. Provsons for such nsurance shall be wthout prejudce to the rght of each apartment owner to nsure hs own apartment for hs own beneft whch s not n conflct wth nsurance procured by the Assocaton. Such nsurance purchased by the Board of Drectors of the Assocaton, as trustee, shall be for the apartment owners and ther mortgagees : wthout namng them as ther nterest may appear. Provsons shall be made for the ssuance of certfcates of mortgagee endorsements to the mortgagees of apartment owners. Such polces shall provde that payments for losses thereunder by the nsurer shall be made to the nsurance Trustee here- ' after desgnated. Such polces and endorsments thereon shall be deposlted wth the nsurance Trustee. Apartment ; owners may obtan nsurance coverage at ther own expense.,ton ther -n personal property and for ther personal lablty and other expenses. 8.2 nsurer. The nsurer shall be an nsurance company authorzed to do busness n Kansas. 8.3 Coverage. a. Casualty. All buldngs and mprovements upon the land ncludng undvded apartments and the -6 cm; 955 mce479

20 , : S r nteror portons thereof and all personal property ncluded n the common areas and facltes shall be nsured under one polcy, f possble, n an amount equal to the maxmum nsurable replacement value, excludng foundaton and excavaton costs, all as determned annually by the Board of the Assocaton. Such coverage shall afford protecton aganst:. Loss or damages by fre and other hazards covered by a standard extended coverage endorsement,. al and. Such other rsks as from tme to tme shall be customarly covered wth respect to buldngs smlar n constructon, locaton and use as the buldngs on the land, ncludng, but not lmted to vandalsm and malcous mschef. b. Publc Lablty for the Assocaton and, f deemed advsable, for the apartment owners n such amounts and wth such coverage as shall be requred by the nnard of Drectors of the Assocaton. ncludng. but not lmted to, hred automoble and non-owned automoble coverages, and wth cross-lablty endorsements to cover labltes of the apartment owners as a group or an apartment owner. c. Such other nsurance as the Board of Drectors of the Assocaton shall determne from tme to tme to be desrable. a. prde,oemer*. all s nsurance polces shall contan an endorsement wavng any "ncrease of hazard" provson, or a statement that nsurance coverage shall not be prejudced by the act or neglect of any person when the act or neglect of any person s beyond the control or not wthn the knowledge of the Assocaton; an endorsement that the polcy may not be cancelled or substantally modfed wthout at lea pt 30 days pror wrtten notce to all named nsureds ncludng any and all mortgagees of the condomnum unts; an endorsement wavng apportonment of loss n the event of other nsurance fcr. _. a an uuu rattlou

21 r T.: "" H. 0 nsurng the same rsk; and an endorsement wavng the h rght to subrogaton as aganst an owner of a unt n the condomnum. 8.4 Premums. Premums upon nsurance. ces purchased by the Assocaton shall be pad by the Assocaton as a common expense except when an apartment owner's- usage of hs ndvdual apartment causes the premum to ncrease or be ncreased over that of the normal premum for customary usage of an apartment, the ndvdual apartment! owner shall be responsble for the addtonal premum. A r. 8.5 nsurance Trustee; shares of proceeds. All nsurance polces purchased by the Assocaton shall be for the beneft of the Assocaton and the apartment owners and A ther mortgagees as ther nterests may appear, and shall provde that all proceeds coverng property losses shall be / pad to any bank n Kansas wth trust powers as may be desgnated as the nsurance Trustee by the Board of Drectors of the Assocaton, whch Trustee s heren referred to as the nsurance Trustee. The nsurance Trustee shall not be lable for payment of premums nor for the renewal or the suffcency of polces nor for the falure to collect any nsurance proceeds. The duty of the nsurance Trustee shall be to receve such proceeds as are pad and hold the same : n trust for the purposes elsewhere stated heren and n f the nsurance Trust for the beneft of the apartment owners and ther mortgagees as set forth n paragraph 8.6a and b. 8.6 Dstrbuton of Proceeds. Proceeds of nsurance polces receved by the nsurance Trustee shall se dstrbutedto or for the beneft of be benefcal owners n the followng manner: a. sxpense of the Trust. All expenses of the nsurance Trustee shall be frst pad or provsons made therefor. b. Reconstructon or Repar. f the damage for whch the proceeds are pad s to be repared or reconstructed, the remanng proceeds shall be pad to defray the r.. OCR %Jut, Mgt tt./l

22 cast thereof as elsewhere provded. Any proceeds remanng after defrayng such costs shall be dstrbuted to the l benefcal owners, remttances to apartment owners and ther mortgagees beng payable jontly to them. Ths s a covenant for the beneft of any mortgagee of an apartment P and may be enforced by such mortgagee. c. Falure to reconstruct or repar. f t s determned n the manner elsewhere provded that the, damage for whch the proceeds are pad shall not be recong structed or repared, the remanng proceeds shall be dstrbuted to the benefcal owners,-remttances to apartment tll t owners and ther mortgagees beng payable jontly to them. Ths s a covenant for the beneft of any mortgagee of an apartment and may be enforced by such mortgage. d. Certfcate. n makng dstrbuton to apartment owners and ther mortgagees, the nsurance Trustee may rely upon a Certfcate of the Assocaton made by ts Presdent and Secretary as to the names of the apartment owners and ther respectve shares of the dstrbuton. 8.7 Assocaton as agent. The Assocaton s hereby rrevocably apponted agent for each apartment owner and for each owner of a mortgage or other lens upon an apartment and for each owner of any other nterest n the condomnum property to adjust all clams arsng under nsurance polces purchased by the Assocaton and to execute and delver releases upon the payment of clams. 9. Reconstructon or repar - after, casualty. 9. Detcrm)alon to reconstruct of repar. f any part of the condomnum property ncludng ndvdual apartments shall be damaged by casualty, whether or not t shall be reconstructed or repared shall be determned by the Assocaton wthn sxty (60) days of the casualty subject to the followng: a. Common areas and facltes. f the damaged mprovement s a part of the common areas and!vat 955 mtv

23 tl 5 s facltes, the damaged property shall be reconstructed or repared unless t s determned n the manner elsewhere t provded that the condomnum shall be termnated. -.!! b. f after the damage t s found by the Board of Drectors that half or mere of the apartments are r tenantable, then such damage shall be repared, reconstructed and rebult to a standard and desgn comparable to that whch exsted pror to the damage or destructon. No lesser,., standard or desgn wll be permtted unless approved by a ; vote of seventy-fve (75%) percent of the owners of shares n the Assocaton and the mortgagees of record. c. f after the damage or destructon t s. found that less than half of the apartments are tenantable, then the damaged property wll not be repared, rebult or reconstructed unless wthn sxty (60) days after the casualty the owners of seventy-fve (75%) percent of the nterest n the.00mmon areas and fa- 4 "es shall agree n wrtng to anoh aelnlanu, or =par. d. Certfcate. The nsurance Trustee may rely upon a Certfcate of the Assocaton made by the Presdent and Secretary to determne whether or not the damaged property s to be reconstructed or repared. 9.2 Plans and specfcatons. Any reconstructon or repar must be substantally n.accordance wth the plans and specfcatons for the orgnal buldng, or f not, then accordng to plans and specfcatons appxo yad by the Board of Drectors of the Assocaton duly recorded unendng ths Declaraton. 9.3 Responsblty. The cost of rebuldng, reparng, rsfurnshng of an apartment, whch cost has not been covered by nsurance purchased by the Assocaton, shall be borne by and pad for by the apartment owner. The responsblty of reconstructon and repar, n all other nstances, shall be that of the Assocaton :v: 955 Pfr,3,483

24 Estmates of costs. mmedately after a ; casualty causng damage tr. property for whch the Assocaton l has the responsblty of mantenance and repar, or on whch h the Assocaton has nsuranee, the Assocaton shall obtan l : relable and detaled estmates of the cost to rebuld or o repar. 9.5 Assessments.! l a. For common areas and facltes f the l proceeds of nsurance are not suffcent to defray the l estmated costs of reconstructon and repar by the Assocaton, or f at any tme durng reconstructon and repar, P or upon completon of reconstructon and repar, the funds for the payment of the costs thereof are nsuffcent, assessments shall be made aganst all the apartment owners n suffcent amounts to provde funds to pay such costsand such assessments shall be n proporton to the owners share n the common areas and facltes. j s s b. f the proceeds of nsurance are not suffcent to defray the estmated costs of repar and reconstructon of the common areas and facltes and of the ndvdual apartments, then the owners of the ndvdual apartments shall pay the excess cost thereof as set forth n paragraph 9.7b. 9.6 Deductble provson. The funds necessary to cover any deductble amount under an nsurance polcy aganet eheh a clam s made shall be a.wmall Constructon funds. The funds for payment of costs of reconstructon and repar after casualty, whch shall consst of proceeds of nsurance held by the nsurance Trustee and funds collected by the Assocaton from assessments aganst apartment owners, shall be dsbursed u payment of such costs n the followng manner: a. Assocaton. f the total of assessments made by the Assocaton n order to provde funds for payment of costs of reconstructon and repar whch s the responsblty of the Assocaton s more than Fve Thousand Dollars ($5,000.00), then the sums pad upon assessments to meet such.costs shall be deposted by the Assocaton wth the nsurance -2- ;volt 955 '4E484

25 4 Trustee. n all other oases, the AssocatOa shall hold v the sums pad upon such assessments and dsburse the same t V n payment of the costs of reconstructon and repar. P b. nsurance Trustee. The proceeds of ; nsurance collected on account of a casualty and the sums deposted wth the nsurance Trustee by the Assocaton from P collectons of assessments aganst apartment owners on account of such casualty, shall consttute a constructon fund whch shall be dsbursed n payment of the costs of reconstructon. 4 and repar n the followng manner:. The nsurance proceeds shall be ; pad and appled as follows:. Frst: to the cost of repar and reconstructon of the common areas and facltes. 2. Second: to the cost of repar and reconstructon of the damaged apartments n the proporton as the damage of each apartment bears to the damage to all apartments.4=-, g A. 2 Mh4rA: f welly ovrplvto remans, then to the apartment owners and ther ndvdual mortgagees, as ther nterest then appear.. f the cost of reparng and reconstructng an ndvdual apartment shall be n excess of the amount allocated to that apartment by 9.7b()3., above, the excess cost shall be pad by the apartment owner to the ' Assocaton at the tme a contract s entered nto by the. Assoccaton fox buc J.ejyetL aad recoastr apartment owner shall fal to pay hs share of the costs at the tme requested, no repar or reconstructon work shall be performed n that apartment except such work as all shal l be deemed by the Board of Drectors to he absolutely!. necessary for the safety and protecton of the other apart- ment owners untl such share of the costs has been pad. f an apartment owner shall have repared or reconstructed hs apartment, then upon completon of such repar or reconstructon, the amount allocated to that apartment shall! be pad by the Assocaton to the apartment owner. The -22- cvn 955 PAs485

26 The determnaton of whether the work has been completed - shall be made by the Assocaton. j!. The Board of Drectors shall have ft: the authorty to determne whether cost of repar and recon-. q structon n excess of the nsurance proceeds for an ndvdual apartment or apartments should be borne by the l: Assocaton as a whole. f such determnaton s made, then l a specal assessment thereto shall be leved and the proceeds of such assessment added to the constructon fund. t shall ; be presumed that the frst mones dsbursed n payment of costs of reconstructon and repar shall be from nsurance proceeds. v. f there s a balance n a constructon fund after payments of all costs of the reconstructon : and repar for whch the fund s establshed, such balance shall be dstrbuted to the apartment owners and ther mortgagees n the same proporton as an ndvdual apartment owners contrbuton bears to the total contrbuton by such owners to the constructon fund, except that the part of a dstrbuton to a benefcal owner whch s not n excess of assessments pad by such owner nto the constructon fund shall not be made payable to any mortgagee. v. f an archtect s employea by 4h... Assocaton to supervse the reconstructon and repar, then (a) the archtect shall determne the proportonal share that the damage to an ndvdual apartment bears to the total APMAgAR ana (h) daburmomant from the constructon fund rr shall be upon order of the Board of Drectors wth approval of the archtect. v. Certfcate. Notwthstandng the provsons heren, the nsurance Trustee shall not be requred to determne whether or not sums pad by apartment owners upon assessments shall be deposted by the Assocaton t wth the nsurance Trustee, nor to determne whether the dsbursements from the constructon fund are to be upon the order of the Assocaton or upon approval of an archtect or otherwse, nor whether a dsbursement s to be made from the constructon fund nor to determne the payee nor the -22- occ A 0 ULM, hmt4tou

27 t. amount to be pad, nor to determne whether surplus funds to be dstrbuted are less than the assessments pad by owners. nstead, the nsurance Trustee nay rely upon a l g Certfcate of the Assocaton made by ts Presdent and Secretary as to any or all of such matters and statng l that the sums to be pad are due and properly payable and statng the name of the payee and the amount to be pad; provded, that when a mortgagee s heren requred to be named as payee, the nsurance Trustee shall also name the mortgagee as payee of any dstrbuton of nsurance proceeds P to an apartment owner, and further provded that when the by the Assocaton for dsbursements npayment of costs of reconstructon and repar. H 0. Use restrctons. The use of the property!! of the condomnum shall be n accordance wth the followng provsons: t 0. Common areas and facltes. The common!, Assocaton or a mortgagee whch s the benefcary of an nsurance polcy the proceeds of whch are ncluded n the constructon funds, so requres, the approval of an archtect named by the Assocaton shall frst be obtaned areas and facltes shall be used only for the purposes for whch they are ntended n the furnshng of servces d and facltes for the enjoyment of the apartment owners. ; s 0.2 Nusances. No nusances shall be allowed upon the condomnum property, nor any use or practce whch s the source of annoyance to other owners or whch U 4 nterferes wth the peaceful possesson and proper use of. the property by ts owner. All parts of the property shall b be kept n a clean and santary condton and no rubbsh: refuse or garbage allowed to accumulate nor any fre hazard allowed to exst. No apartment owner shall permt,. any use of hs apartment or of the common areas and ; : facltes whch wll ncrease the rate of nsurance upon the condomnum property. t -24- :ye 955 PA.A87

28 0 P or unlawful use shall be made of the condomnum property nor h any part thereof; and all vald laws, zonng ordnances and! l regulatons of all governmental bodes havng jursdcton! thereof shall be observed. The responsblty of meetng ; h the requrements of governmental bodes whch requre man - tenance, modfcaton or repar of the condomnum property shall be the same as the responsblty for the mantenance and repar of the property concerned.,! q 0.4 Leasng. 4 a. Leasng of an apartment s permssble f usage s compatble wth apartment usage. b. No amendment to ths Declaraton to t 0.3 Lawful use. No mmoral, mproper, offensve, prohbt leasng shall be effectve or bndng upon the Developer or the holders of the frst mortgages. 0.5 Sale. Sale of an apartment s unrestrcted. 0.6 Sgns. No sgns shall be dsplayed from an l apartment or on common property except such sgns as shall! wrtten mpproval by tbe Develop..,. ree the Assocaton, or sgns posted by mortgagees. 0.7 Parkng areas shall not be used for boat, traler, truck, or other general storage except n sheltered h parkng facltes specfcally constructed therefor. :!.' 0.8 Regulatons. Reasonable regulatons con- cernng the use of the condomnum property may be made and t amended from tme to tme by the Board of Drectors of the Assocaton n the llaufl prov;ded by ts Artcles of A ncorporaton and By-Laws. Copes of such regulatons and t amendments thereto shall be furnshed by the Assocaton! to all apartment owners and occupants of the condomnum t upon request. f t 0.9 Use by Developer - Assgnment to Mortgagee. Untl Developer has closed the sales of one hundred (00) of the apartments of the condomnum, nether the apartment owners nor the Assocaton nor the use of the condomnum property shall nterfere wth the completon of the contemplated mprovements and the sale of the apartments and?. vot 955 P/!488

29 ... = t Developer may make such use of the unsold apartaants and common areas as may facltate such completon and sake, ncludng, but not lmted to mantenance of a sales offce, the showng of the property and the dsplay of sgns. Untl one hundred (00) apartment sales by the Developer are closed, Developer's mortgagee shall succeed k to Developer's rghts hereunder.. Complance and default. Each apartment h owner shall be governed by and shall comply wth the terms. of the Declaraton of Condomnum, Artcles of ncorporaton, j By-Laws and Regulatons adopted pursuant thereto and sad documents and regulatons as they may be amended from tme to tme. Falure of an apartment owner to comply therewth shall enttle the Assocaton or other apartment owners to the followng'relef n addton to the remedes provded ; by the Apartment Ownershp Act:. Neglgence. An apartment owner shall be lable for the expense of any mantenance, repar or replaceont by hs -.t, -ogloct or orof... P or by that of any member of hs household, or hs or ther guests, employees, agents or lessees, but only to the extent that such expense s not met by the proceeds of nsurance carred by the Assocaton. An apartment owner shall pay the Assocaton the amount of any ncrease n ts t nsurance premums occasoned by the apartment owner's use, f msuse, occupance or abandonment of an apartment or ts 4 appurtenances, or of the common areas and facltes..2 Costs of attorney's fees. n any pro- ceedng arsng because of an alleged falure of an apartment : owner to comply wth the terms of the Declaraton, the By-Laws or the Regulatons adopted pursuant thereto, and sad Aetos- ments as they may be amended from tme to tme, the Assocaton shall be enttled to recover the costs of the proceedng and such reasonable attorney's fees as may be awarded by the court..3 No waver of rghts. The falure of the Assocaton or any apartment owner to enforce any covenant, restrcton or other provson of the Apartment Ownershp C a-- A On