Unless the context expressly provides otherwise, the following definitions shall pertain, throughout this Amended and Restated Declaration and in this interpretation of this Amended and Restated Declaration:

1. Aggregate Voting shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance.
2. Association or Association of Unit Owners shall mean all of the Unit Owners acting as a group and in accordance with the duly adopted Bylaws and this Declaration.
3. Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws.
4. Building shall mean a multiple unit building or buildings comprising a part of the property.
5. Bylaws shall mean the Bylaws promulgated by the Association under this Amended and Restated Declaration and the Montana Unit Ownership Act
6. Common Elements shall mean both general common elements and limited common elements.
7. General Common Elements include all those elements which are for the use of all Unit Owners, business invitees, and guests of the Association. Specifically included are: grounds surrounding the building, driveways, the land on which the buildings are located, foundations, girders, beams, supports, main walls, roofs, entrance and exit doors, paths, sidewalks and walkways, any portion of the parking areas not specifically allocated to a particular unit, and irrigation system placed on the property for landscape maintenance, any portion of the buildings designated on the floor plans as common to all units, electrical, gas, telephone, water and sewer lines and connections serving all of the units, landscaping, plants and other materials and improvements separate from the outside of the buildings containing the units, and other elements necessary for the safety, maintenance and existence of the Association in which each Unit Owner shall have his designated percentage of interest as set forth in Article IV below.
8. Limited Common Elements as used in this Declaration shall mean those common elements that are reserved for the use of Owners of the Association, to the exclusion of other such Owners, business invitees, and guests. As to any given Unit Owner or Owners, limited common elements shall mean the common elements that are located within or affixed to the building containing his/her or its unit, and that are for the use of the Unit Owne.rs, business invitees, and guests of that Unit in which the elements are located or situated on the real property. Specifically included are: flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, DSL or equivalent lines, hot and cold water pipes (all such utility pipe and lines are limited common elements where they service only one building, where they service all units, they shall be general common elements), stairways, balconies, entrances, public bathrooms, community kitchens, stoops, furnaces, patios, decks, designated parking spaces, boilers, hot water tanks, and fixtures, or other portions of the building servicing only a particular unit or less than all or the units. The percentage of the separate unit's interest in the limited common elements sha11 be computed by determining the square footage of each unit that uses limited common elements and dividing that number by the total square footage of all the units having use of those limited common elements.
9. Common Expenses shall mean expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon as common by the Association of all Unit Owners, and expenses declared common by the Montana Unit Ownership Act.
10. Declaration shall mean this document and all parts attached to it or incorporated by reference.
11. Limited Expense shall mean the expenses attributable to the maintenance, repair and replacements of limited common elements, and are expenses only for owners of units within the respective building for which the expenses are accrued.
12. Majority shall mean (unless otherwise provided in this Amended and Restated Declaration) the Unit Owners of more than fifty percent (50%) in the Unit Owner ownership interests in the general common elements designated herein as the allocated interest or percentage of interest in such common elements appertaining to each unit as is expressed in this Amended and Restated Declaration. Whenever a percentage of the Unit Owners is specified, percentage means the percentage in the aggregate of undivided ownership per Montana Unit Ownership Act §70-23-102 subparagraph (9), and Article IV below.
13. Manager shall mean the manager, the Board of Directors, Management Corporation, or any other person or group of persons retained or appointed by the Association for the purpose of conducting the day-to-day operation of the Association.
14. Mortgages shall mean lienholder or any beneficiary under a mortgage, deed or trust or Montana Trust Indenture or a seller under a Contract of Deed.
15. Nuisances shall mean, but not limited to, repeated disruptive activities; unwholesome, unsanitary or detrimental conditions; fire hazard; animals, abandoned, wrecked vehicles, junk, rubbish, etc.
16. Property shall mean the land, building, improvements and structures, and all easements, rights and appurtenances belonging to the same which are submitted here to the provision of the Montana Unit Ownership Act
17. Proxy shall mean a power of attorney given by one person to another to vote in his/her stead.
18. Quorum shall consist of not less than fifty-one percent (51%) of the total aggregate interest Unit Owners of the Association.
19. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Amended and Restated Declaration and the property which is its subject.
20. Unit shall be the separate condominium units of the Association and is a parcel of real property including and containing one or more rooms occupying a part or parts intended for independent use as a commercial Unit, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway.
21. Unit Designation shall mean the combination of letters, numbers, or words which identifies the designated units.
22. Unit Owner shall mean the person or persons or entity owning a fee simple absolute, or one who is a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more units of the Association.
    

Description

The property which is by this Amended and Restated Declaration submitted and subject to the Montana Unit Ownership Act is described as follows:

Lot 3 of Belgrade North Business Park Subdivision Phase II, situated in the NE 1/4 of Section 35, Township 1 North, Range 4 East, P.M.M., Gallatin County Montana, according to the official plat thereof on file and of records in the office of the County Clerk and Recorder of Gallatin County, Montana.

Plans and Exhibits

The condominium Units consists of six buildings subject to the expansion provision of this Amended and Restated Declaration. Building A consists of six (6) units. Building B consists of nine (9) units, Building C consists of five (5) units, Building D consists of eight (8) units, Building E consists of eight (8) units, and Building F consists of four (4) units. For identification and descriptive purposes, the following listed Exhibits referenced hereto into this

Declaration:

• Declaration, document 2080429, page 21 through page 25
• Amendment, document 2237190, page 6

Condominium Units

Each Unit, together with appurtenant undivided interest in the Common Elements of the Association shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium Unit. The Units comprising the Association is contained in six (6) buildings, subject to the expansion provisions of this Amended and Restated Declaration.

Encroachments

If any portion of the General Common Elements or Limited Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of a unit encroaches upon the General Common Elements, or Limited Common Elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the General Common Elements, the Limited Common Elements, or on the Units for the purpose of marketability of title.

Parking Areas [Amended in Document 2834395 Amendment #1]

The Common Elements include parking area, for automobiles of Unit Owner and their designees. These areas may be assigned to each Unit or Limited Common Elements for certain Units and may be changed from time to time by the Association. Those spaces not designated as Limited Common Elements will be Common Elements for the use and benefit of all Units. Thereafter, subsequent use and assignment of parking space shall be pursuant to regulation of the Association; provided that no change in designation of parking space shall be made for the benefit of a Unit Owner which discriminates against another Unit Owner without the latter's consent.

Unit Boundaries

Each Unit shall include the part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows:

1. Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries:
2. Upper Boundary: The plane of the lowest surfaces of the upper floor or ceiling joists for all units.
3. Lower Boundary: The plane of the surface of the concrete floor.
4. Perimetrical Boundaries: The perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries:
5. Exterior Building Walls: The plane formed by the center line of the exterior walls of the buildings except that such boundary shall be extended so as to include within it all windows in the Unit.
6. Interior Building Walls: The vertical planes of the centerline of the walls bounding a Unit extended to an intersection with other perimetrical boundaries. Where walls between units are of varying thickness, the plane of the centerline of a boundary wall shall be the median line drawn between the two outermost boundaries of such wall.

Common Element Easements
A non-exclusive tight of ingress, egress and support through the Limited Common Elements within the buildings is appurtenant to each Unit, and all of the General Common Elements are subject to such rights.

Easement for Utilities
Each Unit may have its air space penetrated by electrical wires and Jines, gas lines, or DLS equivalent lines, mechanical equipment including air handling ducts, hot and cold water lines, wastewater lines and vents and other utility and mechanical lines, pipes or equipment A non-exclusive easement shall exist through, over and across each Unit for inspection. installation, maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Unit Owners being services by the air space being penetrated by such lines and/or equipment. Such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Association and/or the Manager unless an emergency exists. If an emergency exists any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such an emergency.

Interior Remodeling
Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner surface of the walls, ceilings, floors, windows and doors bounding his on Unit, and its interior, so long as such owner does not affect the structural integrity of the building in which his/her Unit is located.

Percentage of Interest

Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his/her or its Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the General Common Elements of the Association. Such percentage represents his/her or its ownership interest in the General Common Elements, his/her or its liability for Common Expenses in all matters concerning the Association and this Amended and Restated Declaration. The percentage of interest in the General Common Elements for the respective owners shall be computed by taking the square footage of each Unit and dividing it by the total square footage of all Units having an interest in the General common elements of the Association. Such percentage if interest shall then be rounded off. The percentage of interest owned by each of the Units in the Association shall be according to the percentage set forth below:

Construction Materials

The principal materials of construction of the Units are concrete for the slab and steel for the structure.

Use [G. Deleted; H. Added; Document 2834395 Amendments 2 & 3]

Nothing shall prohibit a Unit Owner from leasing or renting his Unit to third persons or holding it out for lease or rental, or entering into an agreement or contract with others for the lease or rental of his/her or its Unit fur permitted uses. The use of the General Common areas shall be for the enjoyment of the Unit Owners, their guests, tenants, lessees, employees and business invitees. The Units and Common Elements shall be as follows:

1. There shall be no obstruction of the Common Elements, nor shall anything be stored in or on the Common Elements without the prior written consent of the Association. No outside storage within twenty (20) feet behind, in front, or next to any Unit is permitted to maintain legal fire lanes per the 2009 State of Montana Fire Code. No outdoor storage of any kind is permitted, Each Owner shall be obligated to maintain and keep in good order and repair the interior of his/her or its own unit.
2. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the building or contents thereof, without the prior written consent of the As'5Qeiatioo. No owner shall permit anything to be done or kept in his/her or its Unit or in the Common Elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted on the Common Elements. No portable dumpsters larger than four (4) foot by eight (8) foot will be allowed in front of Section A. Portable dumpsters at all other locations are to be placed by the street the evening prior to scheduled pickup day. Dumpsters must be stored inside his/her or its Unit at all other times.
3. No nuisance shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession and proper use of the property by its residents. No offensive or unlawful use shall be made of the property or any part thereof; and all valid Jaws, covenants, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be observed.
4. Nothing shall be done in any Unit or in, on, or to the Common Elements which will impair the structural integrity of a building or which would structurally change a building except as is otherwise provided herein.
5. Nothing shall be altered or constructed in or removed from the Common Elements, and no easement, lien or encumbrance placed on the Common Elements, except upon the written consent of the majority of the Board of Directors for such action.
6. No Unit shall be used as a residence at any time.
7. Retail sales shall be prohibited from any Unit except Units A-5 and A-6.

Exclusive Ownership

Each Owner shall be entitled to exclusive ownership and possession of his/her or its Unit. Owners may use the

General and Limited Common Elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners.

Membership

Any Owner of a Unit in the Association shall automatically, upon becoming the Owner of said Unit. be a member of the Association of Unit Owners of Greenhead Commercial Condominium, hereinafter referred to as Association and shall remain a member of the Association until such time as his/her or its ownership in the Association ceases. The membership shall be limited to Unit Owners as defined in this Amended and Restated Declaration.

Each Unit Owner shall comply with the Bylaws and with the administrative rules adopted pursuant thereto and with the covenants, conditions, and restrictions in this Amended and Restated Declaration or in the deed to his/her or its Unit. Failure to comply therewith shall be grounds for an action maintainable by the Association or be an aggrieved Unit Owner, Montana Unit Ownership Act §70-23-506.

Function

It shall be the function of the Association to:

1. Adopt Bylaws for the governance of the Association.
2. Make provisions for the general management and/or repairs and maintenance of the Association.
3. Levy assessments as provided for in the Amended and Restated Declaration, Amended and Restated Bylaws and Montana Unit Ownership Act.
4. Adopt and implement a policy for the affairs of the Association.
5. Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas.

Voting [Deleted and Replaced Document 2834395 Amendment #4]

On all matters before the Association, unless excluded by this Amended and Restated Declaration, to be decided by the Association. Each Unit Owner shall have equal voting interest in the General Common Elements. If more than one (1) person owns a Unit, then such Unit owners shall designate one (1) of the group to vote the Unit's interest. Except as otherwise provided in the Montana Unit Ownership Act, this Amended and Restated Declaration or the Amended and Restated Bylaws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present as defined in the Association Amended and Restated Bylaws.

Failure to Comply

Each Owner shall comply with the provisions of this Amended and Restated Declaration. the Amended and Restated Bylaws of the Association, and the rules, regulations, decisions and resolutions of the Association. Failure to comply shalt be grounds for an action to recover the sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney's fees, which action shall be maintainable by the Manager, or the Board of Directors in the name of the Association, on behalf of the Owners, or in the proper case, by an aggrieved Owner.

Payment of Assessments

All assessments shall be due thirty (30) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and may be payable in quarterly, annual payments or in monthly installments, at the option of the Association. The amount of the Common Expenses assessed against each Unit, and the amount of Limited Common Expenses assessed against each Unit. shall be the personal and individual debt of the Owner thereof. No Owner may exempt himself, herself or itself from liability for this contribution toward the Common Expenses and the Limited Expenses by waiver of the use of enjoyment of any of the General Common Elements or Limited Common Elements or by abandonment of his/her or its Unit.

Levying Assessment - When Made - Purposes

The Association of Unit Owners shall levy assessment upon the Unit Owners in the following manner and for the following reasons:

1. Assessments shall be made as a part of the regular business of the Association at any annual, regular or special meeting thereof as provided in the Amended and Restated Bylaws of the Association. Notice of the assessments, amount, and the purpose for which it is made, whether regular or special including an annual budget for expenditures and operation, shall be served on all Unit Owners affected by delivering a copy of the notice to the Owner a copy of the notice via facsimile (fax), United States Postal Service (USPS), or hand delivery to the Owners at their address on record at least ten (10) days prior to the date for such meeting.
2. Assessments shall be made for the repair, replacement, general maintenance, management and administration of Common Elements, fees, cost of, and expenses for the Manager, taxes fur Common Areas if any, and for the Unit Owner's percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the General Common Elements.
   
3. Assessments may also be made for the payment of Limited Common Elements expenses such that the Unit Owners are chargeable only for the expenses relating to their respective Units or building. Unit Owners shall share in the payment for Limited Expenses for the repair, maintenance and replacement of Limited Common Elements of their respective Units in accordance with the percentage the Unit or Units have in the Limited Common elements for when the assessment is being made. If only one (1) unit is associated with the Limited Common Elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit.
4. Assessments may also be made for any purpose contemplated by the Amended and Restated Declaration and for any purpose set out in the Montana Unit Ownership Act.
5. Common Expenses and profits, if any, of the Association shall be distributed among and charged to the Unit Owners according to the percentage of undivided interest of each in the Common Elements.
   
6. In a voluntary conveyance of a Unit, the Grantee of the Unit shall be jointly and severalty liable with the Grantor for all unpaid assessments by the Association against the latter for his/her or its share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from the Grantor the amount paid by the Grantee. However, any such Grantee shall be entitled to a statement from the Manager of Board of Directors of the Association, as the case may be, setting forth the amount of the unpaid assessments against the Grantor due the Association and the Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth.

Alteration by Unit Owners Association

The interior plan of a Unit may be changed by the Owner. Boundary walls must be equal in quality of design and construction to the existing boundary walls. No change in the boundaries between Units will be permitted set forth by an amendment to this Amended and Restated Declaration. In addition to compliance with the provisions of paragraphs following, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, which plans shall be drawn by an architect licensed to practice in Montana, and attached to the amendment as exhibits, together with the certificate of architect or engineer required by the Montana Unit Ownership Act. Such an amendment shall be signed and acknowledged by the Owners of the Units concerned, as well as those Owners with an interest in any Common Element affected. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned.

Maintenance by Unit Owners

Each Owner shall maintain and keep in good repair the interior of his/her or its own Unit, including the fixtures. All fixtures and equipment installed in the Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the Owner. An Owner shall do no act or any work that will impair the structural soundness or integrity of the building or impair any easement.

Each Owner shall keep any entrance appurtenant to bis Unit in a clean and sanitary condition. The right of each Owner to repair, alter, and remodel is coupled with the obligation to replace any finishing or other materials removed with similar type or kinds of materials. No act or alteration, repair or remodel by any Unit Owner shall impair in any way the integrity of the adjoining units or the integrity or Limited Common Elements or General Common Elements.

Exterior Alterations

No Owner may change, alter or remodel the exterior of his/her or its unit without the prior written approval of

the Board of Directors of the Association.

Liens for Alterations

Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his/her or its agent, his/her or its contractor or subcontractor shall be the basis for the filing of a lien against the Unit of the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the unit or any other Owner or against the General or Limited Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request.

Liens and Foreclosure

All sums assessed but unpaid for the share of General Common Elements and Limited Common Expenses chargeable to any Unit shall constitute a lien on the Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on the first mortgage, a first trust indenture, or contract for deed, of record. To evidence the lien, the Association shall prepare a written notice of lien assessment setting forth the amount of unpaid indebtedness, the amount of accrued interest and late charges, the name of the Unit Owner, and a description of the Unit The notice shall be signed and verified by one (1) of the officers of the Association or by the Manager, or his/her authorized agent, and shall be recorded in the office of the Clerk and Recorder's office of Gallatin County in the State of Montana. The lien shall attach from the date of recording the notice. The lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association as provided in the Montana Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a reasonable rental for the unit, if so provided in the Amended and Restated Bylaws, and the plaintiff in the foreclosure action shall be entitled to the appointment of a receiver to collect the rent. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding, the Owner may be required to pay the cost, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred.

Bidding at Foreclosure

The Association shall have the power to bid on the Unit at a foreclosure or other legal sale, and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lien bolder holding a lien on a Unit may pay, but shall not be required to pay, any unpaid General Common Expenses, or Limited Common Expenses payable with respect to any such Unit. Upon payment, such lien holder shall have a lien on said Unit for the amounts paid or the same priority as the lien of his/her or its encumbrance without the necessity of having to file a notice or claim of such lien.

Purchase

All insurance policies upon the Association shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana.

1. Named Insured

The named insured shall be the Association of Unit Owners of Greenhead Commercial Condominium individually and as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance trustee hereinafter designated. All policies and endorsements shall be deposited with the insurance trustee. Unit Owners may obtain insurance coverage, at their own expense, upon their own personal property and for the personal liability and living expense.

1. Copies of Mortgagees

One (1) copy of each insurance policy and of all endorsements shall be furnished by the Association to each mortgagee of a Unit Owner on request.

Coverage

1. Casualty: The Association shall insure buildings and improvements upon the land in an amount equal to the maximum insurable replacement value, and all personal property included in the Common Elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors of the Association, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against:
2. Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and
3. Such other risks as from time to time shall be customarily covered with respect to building similar in construction, location and use as the buildings on the land, including but not limited to, vandalism and malicious mischief: and
4. Error or Omissions Insurance for Directors, Officers and Manager if the Association so desires, in amounts to be determined by the Board of Directors of the Association.
   
5. Public Liability: The Association shall carry liability insurance in such amounts and with such coverage as shall be required by the Board of Director.; of the Association, including. but not limited to, hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner.
6. Bonding Liability: The Board of Directors of the Association will purchase an "Employee Dishonesty Bond" for up to five (5) named individuals of the Association who handle finances and have banking privileges.
7. Contractor Liability: All contractors and sub-contractors will be required to provide a Certificate of General Liability having a minimum of one million dollars ($1,000,000.00) liability coverage, naming Association of Unit Owners of Greenhead Commercial Condominium as additional insured on the policy.
8. Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by Federal and State laws.

The policies shall state whether air handling or service equipment, interior fixtures and carpets are included within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association.

Premiums

Premiums for insurance policies purchased by the Association shall be paid by the Association as a Common Expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the Common Elements by a Unit Owner shall be assessed against the Owner.

The Association may only be removed from Association ownership, and may only be partitioned or sold, upon compliance with each of the conditions hereof:

1. The Board of Directors of the Association must approve the plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of property or funds shall be accomplished.
2. The plan of removal, partitions, or sale must be approved as provided in the Montana Unit Ownership Act. If approval for any of the foregoing is not required by the Montana Unit Ownership Act, then approval shall be required from at least seventy-five percent (75%) of the Owners. Upon obtaining approval, the Board of Directors of the Association shall be empowered to implement and carry out the plan of removal, partition, or sale.
3. No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred, except as provided above.
4. This section shall not apply to the sale of individual Units and shall not be considered as a right of first refusal.
5. The Common Elements of the Condominium shall not be abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance with all of the above requirements.
   

The purpose or purposes for which Association or Unit Owners of Greenhead Commercial Condominium is organized are as follows: The Association is organized exclusively by condominium Unit Owners, including, for such purposes necessary to maintain general common elements of the Association, per Montana Unit Ownership Act §70-23-101.

Upon the dissolution of the Association, assets shall be distributed to the Unit Owners at the time of dissolution, based on a percentage of undivided interest in the general common elements of the Association. Such percentage of interest owned by each of the Units in the Association shall be distributed according to the percentages as listed in this Amended and Restated Declaration Article IV.

All remedies provided in the Amended and Restated Declaration and the Amended and Restated Bylaws shall not be exclusive of any other remedy which may now be, or are hereafter, available to the parties as provided for by law.

The provisions of this Amended and Restated Declaration shall be deemed independent and severable. The invalidity, partial invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision. ln the event any provision of this Amended and Restated Declaration or the Amended and Restated Bylaws of the Association is inconsistent with any law, ordinance, rule, or covenant of the City of Belgrade, County of Gallatin, or State of Montana, then the law, ordinance, rule or covenant shall apply.

The provisions of this Amended and Restated Declaration and of the Amended and Restated Bylaws to be promulgated and recorded shall be liberally construed to effectuate the purpose of the Amended and Restated Declaration and the Amended and Restated Bylaws and to create a building or buildings subject to and under the provisions of the Montana Unit Ownership Act.

Article XIII - Miscellaneous

Right of Access

The Association shall have the irrevocable right to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of General Common Element or Limited Common Elements or for making emergency repair necessary to prevent damage to the General or Limited Common Elements of any other Unit.

Damage to the interior or any part of the Unit resulting from maintenance. repair. emergency repair or replacement or any of the General or Limited Common Elements, or as a result of an emergency repair within another Unit at the instance of the Association, shall be designated either Limited or General Common Expenses by the Association and assessed in accordance with such designation.

Expenditures

No single expenditure or debt in excess of five thousand dollars ($5,000.00) may be made or incurred by the

Association without the prior approval of a majority of the Unit Owners at a special meeting. according to their percentile interest, unless having been approved prior as a budget item.

Benefit

Except as otherwise provided herein, this Amended and Restated Declaration shall be binding upon and shall inure to the benefit of the Association and each Unit Owners, and the heirs, personal representatives, successors        and assigns of each.

Service of Process

The name and address of the person to receive service of process for the Association until another designation

is filed of record shall be:

Wayne Jennings, Attorney

1704 West Babcock Street-Suite A

Bozeman MT 59715

At any annual, regular or special meeting of the Association of Unit Owners, an amendment may be proposed

as a resolution by any Unit Owner, the Board of Directors, or the Manager. Upon adoption of the resolution by a

majority vote of those present, the amendment shall be made a subject for consideration in the following manners:

1. A copy of the amendment is to be furnished each Unit Owner's voting interest via electronic mail (e-mail), United States Postal Service (USPS) or facsimile (fax) no later than thirty (30) days in advance of the next special or regular meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent (75%) of the total percentage vote of all the Unit Owners.
2. A ballot will be provided to each Unit Owner's voting interest via electronic mail {e-mail), United States Postal Service (USPS) or facsimile (fax). The ballot shall contain the amendment being voted upon, as well as an explanation of the amendment. The returned voting ballot will be due, using the address provided, by the date so indicated on the ballot. Voting ballots received after the stated date shall not be effective. Amendment shall be approved upon receiving the favorable vote of seventy-five (75%) of the total percentage vote of all unit voting interests.
3. If so approved, it shall be the responsibility of the President and Secretary of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County in the State of Montana.

IN WITNESS WHEREOF, the undersigned has caused this Amended and Restated Declaration for Association of Unit Owners of Greenhead Commercial Condominium to be made and executed according to and under the provisions of the Montana Unit Ownership Act. Title 70, Section 23, M.C.A., and the Amended and Restated Declaration for the Association of Unit Owners of Greenhead Commercial Condominium.

The undersigned president and secretary of the Association of Unit Owners for Greenhead Commercial Condominium ("Association") do hereby certify that the Amended and Restated Declaration for Association of Unit owners for Greenhead Commercial Condominium recorded on July 23,2013, as document number 2456543, records of Gallatin County, Montana ('"Declaration"), has been amended by a vote of more than 75% of the voting interests in the Association, upon the terms set forth below. This Amendment does not create or remove any Units or change the boundaries or percentages of interest of any Units and is not subject to review.

The general purpose of this Amendment is to modify the permitted uses of units and common elements within the condominium. This Amendment shall be effective immediately upon recording, binding the owners of all of the Units within the condominium.

NOWTHEREFORE, the Declaration described above is amended as follows:

1. That section titled "Parking Areas," found in ARTICLE II-REAL ESTATE, shall be deleted in its entirety and the following substituted in its place: The Common Elements include parking areas for automobiles of Unit Owners and their designees, some of which are appurtenant to the Units and others are available for rent on the west side of Buildings E and F, for parking of vehicles and business equipment on wheels, which is readily movable. There shall be no storage of junk vehicles, building materials, refuse, or any item other than working vehicles. Those parking spaces appurtenant to the Units shall remain appurtenant to the Units, but may be regulated by the Association as needed to allow for snow removal and necessary maintenance, as well as appropriate traffic flow. Those spaces on the west side of Buildings E and F shall be rented to Owners on the following terms:
2. All such rentals shall be available on a on a "first-come, first served" basis. and once all of the spaces are rented, a waiting list shall be established for those additional Owners seeking to utilize one or more of the available “for- rent” spaces;
3. All rentals shall be for a finite term, not to exceed six months; but which may be shorter in the discretion of the Association and the Owner renting such space;
4. For as long as the Owner renting such space(s) is current in rental payments and all other terms and conditions of such rental, such Owner shall be allowed to continue renting such space(s} subject to the following:
5. Parking spaces shall only be rented by Unit Owners, who may then allow use of one or more spaces to any tenants of such Owner within Greenhead Commercial Condominium, provided that any Unit Owner allowing such use shall remain liable for the faithful performance of all duties and responsibilities associated with such rental, including the payment of rent, and no Owner shall have the right to assign the right to rent one or more parking spaces to any other party without the consent of the Association. Should an owner renting one or more parking spaces transfer that owner's Unit to another party other than an entity in which such owner or owners own a majority interest, the parking spaces associated with the Unit transferred shall become available to be rented by any other interested party; and
6. The Association shall have no responsibility for the security of any vehicles parked within the Common Elements or the Limited Common Elements of Greenhead Commercial Condominium.
7. The revenue from the rental of any parking spaces in the area west of Buildings E and F shall be deposited in the Association bank account and shall be used for the benefit of all members in the Association.
8. Subsection G. of that section titled "Use," found in ARTICLE IV – OWNERSHIP ANO VOTING - EXHIBITS- USE, shall be deleted in its entirety.
9. A new sub-section H. of that section titled "Use” found in ARTICLE IV – OWNERSHIP ANO VOTING - EXHIBITS- USE, shall be added to the Declaration, to-wit: H. The Units shall not be used for any purpose not allowed within the Belgrade North Business Park Subdivision. Phase 1. Nor shall there be any marijuana growing or drug manufacturing, selling or use within any building or on any common areas.
10. That section titled "Voting," found In ARTICLE V – ASSOCIATION, shall be deleted in its entirety and the following substituted in its place: On all matters before the Association, unless excluded by the Amended and Restated Declaration and this Amendment, to be decided by the Association, each Unit Owner shall have equal voting interest in the General Common Elements. If more than one (1) person owns a Unit, then such Unit Owners shall designate one (1) of the group to vote the Unit's interest. Except as otherwise provided in the Montana Unit Ownership Act, the Amended and Restated Declaration, or the Amended and Restated Bylaws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present aa defined in the Association Amended and Restated Bylaws. At the option of the Board, voting by the Association members may be conducted by means of a mall ballot, carried out in accordance with the mail ballot provisions of the Montana Nonprofit Corporation Act and the Amended and Restated Bylaws. All meeting notices and mail ballots may be sent by means of the United States Postal Service, or by any electronic means agreed to in writing by a Unit Owner, including email, fax and text messaging.
11. ARTICLE XIV- AMENDMENT of the Declaration shall be deleted in its entirety and the following shall be substituted in its place:

• Amendment of this Declaration shall be made by the Unit Owners in the following manner:
  At any regular or special meeting of the Owners' Association such amendment may be proposed as a resolution by any Unit Owner. Upon adoption of the revolution by a majority vote of those present, the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment to be furnished to each Owner, no later than thirty (30) days in advance of such meeting. At such subsequent meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent (75%) of the Unit Owners, unless another percentage is required by the Montana Unit Ownership Act, in which case the latter percentage shall apply. If so approved, it shall be the responsibility of the Association to file the amendment with the office of the County Clerk and Recorder.
• If an amendment is proposed by the Board and notice of the proposed Amendment ls given to all of the owners at least thirty days in advance of the meeting at which the amendment is to be discussed and voted upon, such amendment may be adopted without the need to hold a second meeting. In addition, an amendment may be adopted at any time without a meeting if it is approved in writing by the signatures of one hundred percent {100%) of the Owners if required.