UNITED STATES OF AMERICA

STATE OF LOUISIANA

PARISH OF ORLEANS

CITY OF NEW ORLEANS

DECLARATION CREATING AND ESTABLISHING A CONDOMINIUM PROPERTY REGIME FOR THE LA MAISON DE LA BONNE VIE CONDOMINIUM BY LA MAISON DE LA BONNE VIE, INC.

            BE IT KNOWN, that on this 31^st day of March, in the year One Thousand Nine Hundred and Eighty-Two;

            BEFORE ME, HENRY O’CONNOR, JR. a Notary Public, duly commissioned and qualified in and for the Parish of Orleans, State of Louisiana, and in the presence of the witnesses hereinafter named and undersigned,

PERSONALLY CAME AND APPEARED:

LA MAISON DE LA BONNE VIE, INC.,  A corporation organized and doing business under the laws of the State of Louisiana, domiciled in the Parish of Jefferson, created by act before Patrick C. Leitz, Notary Public, dated June 25, 1981, filed for record in the office of the Secretary of State in Record of Charters Book No. 334, and in the office of the Clerk of Court for Jefferson Parish, in Corporation Book________,                folio __________, under Entry No.__________; represented herein by its undersigned officer, hereunto duly authorized by virtue of a resolution adopted at a meeting of its Board of Directors, certified copy of which is annexed hereto and made part hereof; (hereinafter referred to as “Declarant”) who declared unto me, Notary, that:

            RECITALS, INTENT AND PURPOSES

                        WHEREAS, Declarant is the owner of Lots 6 through 18, both inclusive of Square 48 of Harlem Subdivision, Jefferson Parish, Louisiana, as more fully described on Exhibit A-1 annexed hereto.

                        WHEREAS, by the Condominium Declaration, it is intended to divide the Property into separate parcels of immovable or real property which, in accordance with the provisions herein contained, shall be subjected to the benefits and burdens of a

(Reg. COB1023/312, 4/13/82, 3:37 PM)

(1009319)

Condominium Property Regime (hereinafter referred to as “Condominium”) to be known as The La Maison De La Bonne Vie Condominium.

            NOW THEREFORE,

                        STATEMENT OF DECLARATION.  Declarant hereby declares on behalf of itself, its successors, grantees, and assigns, as well as on behalf of any and all persons having, acquiring or seeking to have or acquire any interest of any nature whatsoever in and to any part of the Property that the Property from and after the date of recordation of this Condominium Declaration in the Office of the Register of Conveyances in and for the Parish of Jefferson, State of Louisiana, shall be and continue subject to each and all of the terms thereof until this Condominium Declaration is terminated or abandoned in accordance with provision herein elsewhere contained. This Property is submitted to the provisions of the Act subject to all easements and servitudes affecting the Parcel.

1.      DEFINITIONS.

1.      Act.  The Louisiana Condominium Act, La. R.S. 1121 et seq as

now enacted and hereafter amended.

                                    2.  Association.  The La Maison De La Bonne Vie Condominium Association, Inc., a Louisiana non-profit corporation, or any successor entity composed of all the Unit Owners which shall be responsible for the administration and operation of the property.  The Articles of Incorporation are annexed hereto and made a part hereof as Exhibit “B”.

3.      Board.  The Board of Directors of the Association.

                                    4.   Budget.  That certain budget attached hereto as Exhibit D and by this reference made a part hereof.

                                    5.   Building.  The structure (whether one or more) located on the Parcel and forming part of the Property and containing Units.

                                    6.      By-Laws.  The By-Laws of the Association, attached hereto  

as Exhibit C and by this reference made a part hereof, as amended from time to time.

                                    7.  Common Elements.  All that part of the Property (movable or immovable property) which is not within or a part of the individual Units as such Units are shown on the attached Plat (Exhibit A) or described herein, or which exists within Units by virtue of a servitude created herein, and without limiting the generality of the foregoing, shall include those items defined as “Common Elements” in the Act, including the following: 

                                    a.  All foundation, bearing walls, and columns, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

                                    b.  All roofs, yards, and gardens, except as otherwise herein provided or stipulated;

                                    c.   All compartments or installations of central services such as power, light, gas, cold and hot water;

                                    d.    All elevators and elevator shafts;

                                    e.  All recreational areas, and the like existing for common use; and

                                    f.        All other elements of the Building or Parcel desirably or rationally of common use or necessary to the existence, upkeep and safety of the condominium regime established by this Declaration.

                        8.  Common Expenses.   The expenses for which the Unit Owners will be assessed by the Association, Managing Agent or Board, which expenses shall include, but are not limited to, the actual or estimated costs of:

                                    a.  Ad valorem taxes and other taxes of all kinds which may be levied  against the Condominium Property and which are not levied against an individual Unit or Unit Owner;

                                    b.  Maintenance, management, operation, repair and replacement of and additions to the Common Elements and those parts of the Units as to which, pursuant to other provisions hereof, it is the responsibility of the Association to maintain, repair and replace;

                                    c.  Utilities incurred in operation of the Common Elements not otherwise paid by any individual Unit Owner or Owners;

                                    d.      Management and administration of the Association including,  without limiting the same, compensation paid by the Association to a managing agent, accountant(s), attorney(s), and other employees;

                                    e.       Liability and casualty insurance carried by the Association with respect to designated parts of the Property;

                                     f.  Any other item held by or in accordance with this Condominium Declaration or recorded amendment thereto, or the By-Laws to be a Common Expense;

                                    g.  Expenses agreed upon as common expenses by the Unit Owners. 

                        9.  Condominium.  The entirety of the Property as subjected to a condominium property regime by this Declaration pursuant to the provisions of the Act.

                        10.  Condominium Documents.  This Condominium Declaration and the exhibits annexed hereto as the same from time to time may be amended. Said exhibits are as follows:

Exhibit A     -     Plat

Exhibit A-1  -     Legal Description of the Parcel

Exhibit B      -     Articles of Incorporation of the Association

Exhibit C      -     By-Laws of the Association

Exhibit D      -     Budget

Exhibit E       - Schedule of fractional share of undivided ownership of the Common Elements appurtenant to each Unit, and of obligation for Common Expense Assessments of individual Units.

11. Declarant.  La Maison De La Bonne, Vie, Inc., its successors and assigns, provided such successors or assigns are designated in writing by Delcarant as a successor or assign of the rights of Declarant set forth herein.

                        12.  Declaration.  This instrument, by which the Property is submitted to the provisions of the Act, as hereinafter provided, and as such Declaration may be amended from time to time.

                        13.  Family Group.  A group consisting of all Occupants residing in a Unit or more than one Unit used together.

                        14.  Limited Common Elements.  All Common Elements serving exclusively as single Unit or one or more adjoining Units as an inseparable appurtenance thereto, the enjoyment, benefit, or use of which is reserved to the lawful Occupants of such Unit or Units either in this Declaration, on the Plat, or by the Board.  Limited Common Elements shall include, but shall not be limited to, porch and patio areas accessible only from a Unit and storage areas, appurtenant to a specific Unit only, as well as “air handlers”, pipes, ducts, electrical wiring and conduits located entirely within a Unit or adjoining Units and serving only such Unit or Units and such portions of the perimeter walls, floors and ceilings, doors, vestibules, windows and entryways, and all associated fixtures and structures therein, as lie outside the Unit boundaries.

                        15.  Majority or Majority of the Unit Owners.  The owners of more than fifty percent (50%) of the undivided ownership of the Common Elements.  Any specific percentage of Unit Owners means that percentage of Unit Owners who in the aggregate own such specified percentage of the entire undivided ownership of the Common Elements.

                        16.  Mortgage.  A mortgage covering a Unit and the undivided interest in the Common Elements appurtenant thereto.

17.  Mortgagee.  A person secured by a Mortgage..

                        18.  Occupant.  A person or persons in possession of a Unit, regardless of whether said person is a Unit Owner.

                        19.  Parcel.  Those certain parcels or tracts of ground which are the subject of this Declaration and which are identified and described as Exhibits A and A1, attached hereto and by this reference made a part hereof.

                        20.  Person.  Any natural person, firm, corporation, partnership, association, trust or other legal entity capable of holding title to immovable property.

                        21.  Plat.  The plat of survey and the floor and elevation plans and drawings of all Units in the Property, attached hereto as Exhibit A and by this reference made a part hereof.  The Plat shows the location of the Building on the Parcel with a designation and location for each Unit within the Building.

                        22.  Property.  All the land, property and space comprising the Parcel and all improvements and structures erected, constructed or contained therein or thereon including the Building and all easements, rights and appurtenances belonging thereto,  and all furniture, furnishings, fixtures and equipment intended for the mutual use, benefit or enjoyment of the Unit Owners.

                        23.  Unit.  An enclosed space consisting of one or more rooms, occupying all or part of a floor or floors in the Building, which enclosed space is not owned in common with the Unit Owners of other Units.  Each Unit is designated as shown on the attached Plat (Exhibit A) and the boundaries of each Unit shall be and are the interior surfaces of its perimeter walls, windows, exterior doors, floors and ceilings.  Included with each Unit, without limitation, shall be any finishing materials applied or affixed to the interior surfaces of the perimeter walls, floors or ceilings (such as, but without limitation, paint, wallpaper, vinyl, wall or floor coverings and carpets) interior walls; and all utility pipes, lines, systems, fixtures or appliances servicing only that Unit (whether or not within the boundaries of that Unit), provided, however, that no pipes, drains, wires, conduits, ducts, flues, and shafts contained within a Unit and forming a part of any system serving more than one Unit or the Common Elements shall be deemed to be part of said Unit.

                        24.  Unit Owner.  The person or person whose estates or interests, individually or collectively, aggregate ownership of a Unit and of the undivided interest in the Common Elements appurtenant thereto, but shall not include those having an interest in a Unit merely as security for the performances of an obligation.  Unless specifically provided otherwise herein, Declarant shall be deemed a Unit Owner as long as it is the legal title holder of any Unit.

            II.  PLAT.  The Plat sets forth the descriptions, locations and other data, as required by the Act, with respect to (1) the Parcel and its exterior boundaries; (2) the Building and each floor thereof: and (3) each Unit, its precise boundaries and the Limited Common Elements appurtenant thereto.

            III.  UNITS. 

                        (a)  The legal description of each Unit shall consist of the identifying designation of such Unit as shown on the Plat.  Every deed, lease, mortgage or other instrument shall legally describe a Unit by its designation as shown on the Plat and every such description shall be deemed good and sufficient for all purposes, as provided in the Act.

                        (b)  The boundaries of each unit shall be the interior surfaces of its perimeter walls, windows, exterior doors, floors and ceilings, exclusive of any finishing materials applied or affixed to the interior surfaces of the perimeter walls, floors, or ceiling such as, but without limitation, paint, wallpaper, vinyl, wall or floor coverings and carpets.

                        (c)  Except as provided by the Act, no Unit Owner shall by deed, plat, court decree or otherwise, subdivide or in any other manner cause his Unit to be separated into any units or parcels different from the whole Unit as shown on the Plat.

            IV.  COVENANT AGAINST PARTITION.  In order to effectuate the intent hereof and to preserve the Condominium and the condominium method of ownership, the Common Elements shall remain undivided and no person, irrespective of the nature of his interest in the Common Elements, shall bring any action or proceedings for the partition or division of the Common Elements or any part thereof until the termination of the condominium regime established by this Condominium Declaration in accordance with provisions herein elsewhere contained, or until the Property is no longer tenantable, whichever first occurs, and in any event, all mortgages must be paid in full or all mortgagees must consent in writing, prior to bringing an action for partition.

IV.              ASSOCIATION OF UNIT OWNERS.. 

                          (a)      Organization.  There has been or will be formed an Association having the name The La Maison De La Bonne Vie Condominium Association, Inc., a Louisiana non-profit corporation, which Association shall be the governing body for all of the Unit Owners, for the maintenance, repair, replacement, administration and operation of the Condominium, as provided in the Act, this Declaration and the By-Laws.  The Board of Directors of the Association shall be elected and shall serve in accordance with the provisions of the By-Laws.  The fiscal year of the Association shall be determined by the Board, and may be changed from time to time as the Board deems advisable.  The Association shall not be deemed to be conducting a business of any kind.  All activities and all funds received by the Association shall be held and applied by it for the use and benefit of Unit Owners in accordance with the provisions of this Declaration and the By-Laws. Each Unit Owner shall be a member of the Association as long as he is a Unit Owner.  A Unit Owner’s membership shall automatically terminate when he ceases to be a Unit Owner.  Upon the conveyance or transfer of a Unit Owner’s ownership interest to a new Unit Owner, the new Unit Owner shall simultaneously succeed to the former Unit Owner’s membership in the Association.  The aggregate number of votes for all members of the Association shall be one hundred (100) and shall be divided among the respective Unit Owners in accordance with their respective percentages of ownership interest in the Common Elements as set forth in Exhibit E hereto.

                        (b) Management of Property.  The Board shall have the authority to engage the services of an agent (herein sometimes referred to as the “Managing Agent”) to maintain, repair, replace, administer and operate the Property, or any part hereof, to the extend deemed advisable by the Board, subject to the provisions of subparagraph (c) below. The Board shall also have the authority (but shall not be obligated) to engage, supervise and control such employees as the Board deems advisable to clean and maintain all or any part of the Units to the extend the Board deems it advisable to provide such services for all or any portion of the Unit Owners.  The cost of such services shall be a common expense.

                        (c) Initial Management Contract.  The first Board, appointed as provided herein, may approve an initial management agreement which shall not extend beyond the one (1) year after relinquishment of Declarant control.  In all other respects, the initial management contract shall be subject to the provision of Article XXX hereof.

                        (d)  Apartments for Building Personnel.  The Board shall have authority to lease, purchase and mortgage one or more Units for use as residential quarters for a building manager and engineer.  All rentals or debt service paid by the Association pursuant to any such lease agreement or mortgage shall be a common expense.

                        (e)  Use by Declarant.  During the period of sale by the Declarant of any Units, the Declarant and its agents, employees, contractors and subcontractors, and their respective agents and employees, shall be entitled to access, ingress to and egress from the Building and Property as may be required for purposes of sale of Units. While the Declarant owns any of the Units and until each Unit sold by it is occupied by the purchasers, the Declarant and its employees may use and show one or more of such unsold or unoccupied Units as model Unit or Units and may use one or more of such unsold or unoccupied Units as a sales office, and may maintain customary signs in connection therewith.

                        (f)  Non-Liability of the Directors, Board, Officers and Declarant.  Neither the directors, Board or officers of the Association nor Declarant shall be personally liable to the Unit Owners for the mistake of judgment or for any acts, or omissions of any nature whatsoever as such Directors, Board, officers, or Declarant, except for any acts or omissions found by Court to constitute gross negligence or fraud. The Unit Owners shall indemnify and hold harmless each of the directors, Board, officers, and/or Declarant, and their respective heirs, executors, administrators, successors and assigns in accordance with the provisions of the By-Laws, and the Association shall carry such insurance as the Board may prescribe or protect the directors, Board, officers or Declarant under said indemnity.

                        (g)  Board’s Determination Binding.  In the event of any dispute or disagreement between any Unit Owners relating to the Property, or any questions of interpretation or application of the provisions of the Declaration or By-Laws, such dispute or disagreement shall be submitted to the Board.  The determination of such dispute or disagreement by the Board shall a be binding on each all such Unit Owners, subject to the right of Unit Owners to see other remedies provided by law after such determination by the Board.

                         VI.  OWNERSHIP OF THE COMMON ELEMENTS.  Each Unit Owner shall be entitled to the fractional share of ownership in the Common Elements allocated to the respective Unit owned by such Unit Owner, as set forth in Exhibit E attached hereto and by this reference made a part hereof.  Said ownership interest in the Common Elements shall be owned by the Unit Owners jointly in accordance with their respective fractional share of ownership.  The ownership of each Unit shall not be conveyed separate from the fractional share of ownership in the Common Elements corresponding to said Unit.  The undivided fractional share of ownership in the Common Elements corresponding to any Unit shall be deemed conveyed or encumbered with that Unit, even though the legal description in the instrument conveying or encumbering said Unit may refer only to the designation of that Unit.

                        VII.   USE OF THE COMMON ELEMENTS.  Each Unit Owner shall have the right to use the Common Elements (except the Limited Common Elements and portions of the Property subject to leases made by or assigned to the Board) in common with all other Unit Owners, as may be required for the purpose of access, ingress to, egress from, use, occupancy and enjoyment of the respective Unit owned by such Unit Owner.  Such right to use the Common Elements shall extend to not only each Unit Owner, but also to his agents, servants, tenants, family members, customers invitees and licensees.  However, each Unit Owner shall have the right to the exclusive use and possession of the Limited Common Elements serving his Unit alone.  Such rights to use the Common Elements, including the Limited Common Elements, shall be subject to and governed by the provisions of the Act, Declaration, By-Laws and rules and regulations of the Association and the Unit Owners shall use the Common Elements in such manner as will not restrict, interfere with or impede the use thereof by other Unit Owners.  In addition, the Association shall have the authority to rent, lease, grant concessions or grant easements with respect to parts of the Common Elements, subject to the provisions of the Declaration and By-Laws.  All income derived by the Association from leases, concessions or other sources shall be held and used for the benefit of the members of the Association, pursuant to such rules, resolutions or regulations as the Board may adopt or prescribe.

                        VIII,  PARKING AREAS.  Parking spaces shall be assigned to Unit Owners by the Association and used by Unit Owners in such manner and subject to such rules and regulations as the Association may prescribe, and parking spaces not assigned by the Association may be rented or otherwise used in such manner as the Association may prescribe.  Each Unit Owner shall be entitled to be assigned one (1) parking space.

                        IX.  BUDGET

                     (a)  Initial Assessment.  Each purchaser of a Unit from Declarant shall be required to deposit with the Association a sum equal to two months’ assessment to the Unit based upon the Budget to establish a reserve fund for operation and maintenance of the Condominium.  No Unit Owner shall be entitled to withdraw this deposit so long as the Condominium shall exit.  The Declarant shall have no responsibility to make such deposit except as to any Unit for which the deposit is not made by the purchaser from Declarant.

                                 (b)  Common Expenses.  Each Unit Owner, including the Declarant, shall pay his proportionate share of the common expenses; provided, however, the terms and provisions of this subparagraph (b) are subject to the terms and provisions of subparagraph (c) below. Except for its responsibilities as a Unit Owner, as provided herein, the Declarant shall not have any responsibility for the maintenance, repair or replacement of any part of the Common Elements after the date this Declaration is recorded.  Such proportionate share of the common expenses for each Unit Owner shall be in accordance with his percentage of ownership in the Common Elements as set forth in Exhibit E.  Payment of common expenses, including any prepayment thereof required by contract for sale of a Unit, shall be in such amounts and at such times as determined in the manner provided in the By-Laws.  No Unit Owner shall be exempt from payment of his proportionate share of the common expenses by waiver or non-use or waiver of enjoyment of the Common Elements or Limited Common Elements or by abandonment of his Unit.  If any Unit Owner shall fail or refuse to make such payment of the common expenses when due, the amount thereof together with interest thereon at the maximum rate as may then be permitted under the laws of the State of Louisiana, accruing from and after the date that said common expenses become due and payable, shall constitute a lien on the interest of such Unit Owner in the Property and his Unit.

                                 (c)  Owner’s Liability for and Declarant’s Guarantee Relating to Common Expenses During the First Year.  The Budget sets forth and describes for each Unit within the Condominium an amount designated therein as the “Monthly Assessment.”  Notwithstanding anything contained in this Declaration to the contrary (including, but without limitation, the terms and provisions of subparagraph (b) above), for a period (hereinafter referred to as the “Initial Period”) of one year from and after the first day of the calendar month next following the date of recording of this Declaration, each Unit Owner shall pay and be responsible for monthly, and his proportionate share of the common expenses shall be deemed to be, his respective Monthly Assessment.  If the total may be greater than the actual common expenses incurred during the Initial Period, such excess shall be thereafter used as the Board may prescribe.  However, if the total Monthly Assessments payable during the Initial Period are less than the actual common expenses incurred during the Initial Period, such deficiency shall be paid solely by Declarant, it being agreed that Declarant hereby guarantees the payment of all common expenses for the Initial Period which may be in excess of the total Monthly Assessments payable during such period.

            In consideration of the foregoing covenant and guarantee by Declarant, Declarant shall not be obligated to pay during the Initial Period any Monthly Assessments attributable to any Unit owned by Declarant.

                                 (d)  Annual Budgets   Annual budgets for each fiscal year of the Association shall be prepared and adopted by the Board pursuant to the By-Laws; provided, however, the Board shall not adopt a budget requiring assessments for common expenses in an amount exceeding one hundred fifteen percent (115%) of the common expenses for the preceding year unless the same is approved by a majority of the Unit Owners.

                                 (e)  Metered Utilities.  Each Unit Owner shall also pay for all utility services, including electricity and other utility services (including telephone), if any, separately metered for such Unit Owner’s Unit.  Each Unit Owner shall make such payments for separately metered utility services to the public utility company providing such utility service if provided directly to the Unit Owner or to the Association if such utility services are not separately metered or submetered for the Units.

                                 (f)  Enforcement of Lien.  The Board may bring an action at law against the Unit Owner personally obligated to pay the same, for collection of his unpaid proportionate share of the common expenses, or foreclose the lien against the Unit or Units owned by such Unit Owner, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment.  Each Unit Owner, by his acceptance of a deed to a Unit, hereby expressly vests in the Board or its agents the right and power to bring all action against such Unit Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens and each such Unit Owner hereby expressly grants to the Board a power of sale in connection with said lien.  The lien provided for in this section shall be in favor of the Board and shall be for the common benefit of all Unit Owners. The Board acting on behalf of the Unit Owners shall have the power to bid upon an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage, and convey same.

                                 (g)   Mortgagee Protection.  The lien for common expenses payable by a Unit Owner shall be subordinate to the lien for a recorded first Mortgage on the interest of such Unit Owner, except for the amount of the proportionate share accruing after the Mortgagee thereunder either takes possession of the Unit encumbered thereby, accepts a conveyance of any interest therein (other than as security) or forecloses its Mortgage. This subparagraph (g) shall not be amended, changed, modified or rescinded without the prior written consent of all Mortgagees of record.

                        X.  MORTGAGES.  Each Unit Owner shall have the right, subject to the provisions herein, to make individual Mortgages on his respective Unit together with his respective ownership interest in the Common Elements.  No Unit Owner shall have the right or authority to make or create or cause to be made or created from the date hereof any Mortgage or other lien on or affecting the Property or any part thereof, except of his own Unit and the respective fractional share interest in the Common Elements appurtenant thereto.

                        XI.  SEPARATE REAL ESTATE TAXES.  Taxes, assessments and other charges of any taxing or assessing authority shall be separately assessed to each Unit Owner for his Unit and his corresponding fractional share of ownership in the Common Elements, as provided in the Act.  In the event that such taxes or assessments for any year are not separately assessed to each Unit Owner, but rather are assessed on the Property as a whole, then each Unit Owner shall pay his proportionate share thereof in accordance with his respective fractional share of ownership interest in the Common Elements, and, in said event, such taxes or assessments shall be a common expense. Without limiting the authority of the Board provided for elsewhere herein, the Board shall have the authority to collect from the Unit Owners their proportionate share of taxes or assessments for any year in which taxes are assessed on the Property as a whole.

                        XII.  INSURANCE.  The Board shall have the authority to and shall obtain insurance for the Property, exclusive of decoration of the Units or decoration of the Limited Common Elements by the Unit Owners, against loss or damage by fire, vandalism, malicious mischief and such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Common Elements and the Units, and against such other hazards and for such amounts as the Board may deem advisable.  Insurable replacement costs shall be deemed the cost of restoring the Common Elements and Units or any part thereof to substantially the same condition in which they existed prior to damage or destruction.  Such insurance coverage shall be written in the name of, and the proceeds thereof shall be payable to, the Board as the trustee for each of the Unit Owners in direct ratio to said Unit Owner’s respective fractional share of ownership in the Common Elements, as set forth in the Declaration, and for the holders of Mortgages on his Unit, if any.  Such policies of insurance shall contain a waiver of subrogation rights by the insurer against individual Unit Owners. The premiums for such insurance shall be a common expense.

                        The following provisions shall apply with respect to damage by fire or other causes:

                                 (a)  If the building is damaged by fire or other casualty and said damage is limited to a single Unit, all insurance proceeds shall be paid to the Unit Owner, or one or more Mortgagees of such Unit, as their respective interest may appear, and such Unit Owner or Mortgagee shall use the same to rebuild or repair such Unit substantially in accordance with the original plans and specifications thereof.  If such damage extends to two or more Units, or extends to any part of the Common Elements, such insurance proceeds shall be paid to the Board, as trustee, or to such bank or trust company as may be designated by amendment hereof, to be held in trust for the benefit of the Unit Owners and their Mortgagees as their respective interests may appear.  The Board shall thereupon contract to repair or rebuild the damaged portions of all Units, the Buildings, and the Common Elements substantially in accordance with the original plans and specifications therefor and the funds held in the insurance trust fund shall be used for this purpose.  If the insurance proceeds are insufficient to pay all of the costs of repairing or rebuilding, the Board shall levy a special assessment on all Unit Owners, in proportion to the fractional share interest of each Unit Owner in the Common Elements, to make up any deficiency.  If any Unit Owner shall fail to pay the special assessment within thirty (30) days after the levy thereof, the Board shall make up the deficiency by payment from the common expense fund, provided; however, that such Unit Owner shall remain liable for such special assessment.

                                 (b)  Notwithstanding the provisions of subparagraph (a) above, reconstruction shall not be compulsory where the whole or more than two-thirds (2/3) of all Units and of the Common Elements is destroyed or damaged by fire or other casualty, as determined by the Board.  In such case, and unless otherwise unanimously agreed upon by the Unit Owners, the insurance proceeds shall be delivered to the Unit Owners or their Mortgagees, as their interests may appear, in proportion to the fractional share interest of each Unit Owner in the Common Elements; and the Board, as soon as reasonably possible and as agent for the Unit Owners, shall sell the Property, in its then condition, free from the effect of this declaration, which shall terminate upon such sale, and all funds held by said insurance trustee, shall thereupon be distributed to the Unit Owners or their Mortgagees, as their interests may appear, in proportion to the fractional share interest of each Unit Owner in the Common Elements.

                                 (c)  Within sixty (60) days after any such damage occurs, the Managing Agent, or the Board shall, or if they do not, any Unit Owner, the insurer, the insurance trustee or any Mortgagee may, record a sworn declaration stating that such damage has occurred, describing it, identifying the Building suffering such damage, the name of any insurer against whom claim is made, and the name of any insurance trustee, reciting that the sworn declaration is recorded pursuant to this paragraph of this Declaration, and that a copy of such sworn declaration has been served pursuant to the provisions of Paragraph XXII hereof on the Unit Owners.

                                 (d)  If the Unit Owners shall not rebuild pursuant to subparagraph (b) above, and the Board fails to consummate a sale pursuant to said subparagraph (b) within twenty-four (24) months after the destruction or damage occurs, then the Managing Agent, or the Board shall, or if they do not, any Unit Owner or Mortgagee may, record a sworn declaration setting forth such decision and reciting that under the provisions of this Declaration the prohibition against judicial partition provided for in this Condominium Declaration has terminated and that judicial partition of the Property may be obtained pursuant to the laws of the State of Louisiana.  Upon final judgment of a court of competent jurisdiction decreeing such partition, this Declaration shall terminate.

                        The Board shall also have the authority to and shall obtain comprehensive public liability insurance, in such amounts as it deems desirable, and workmen’s compensation insurance and other liability insurance as it deems desirable, insuring each Unit Owner, Mortgagee of record, if any, the Association, its officers, directors, Board and employees, the Declarant, and the Managing Agent, if any, from liability in connection with the Common Elements. The premiums for such insurance shall be a common expense.

                        The Board shall also have authority to and may obtain such insurance as it deems desirable, in such amounts, from such sources and in such forms as it deems desirable, insuring the Property and each member of the Board and officer of the Association and member of any committee appointed pursuant to the By-Laws of the Association from liability arising from the fact that such person is or was a director or officer of the Association, or a member of such a committee.  The premiums for such insurance shall be a common expense.

                        Each Unit Owner shall be responsible for obtaining his own insurance on the contents of his own Unit and the contents of the Limited Common Elements serving his Unit, as well as his decorations, furnishings and personal property therein, and his personal property stored elsewhere on the Property.  In addition, in the event a Unit Owner desires to insure above and beyond the extent that his liability, loss or damage by fire and such other hazards obtained by the Board for all of the Unit Owners as part of the common expenses, as above provided, said Unit Owner may, at his option and expense, obtain additional insurance.

                        XIII.  MAINTENANCE, REPAIR, AND REPLACEMENTS.   Except to the extent the Board provides (at its option and discretion) maintenance of the Units for Unit Owners, each Unit Owner, at his own expense shall furnish and be responsible for all maintenance of repairs to and replacements within his own Unit.  Maintenance of, repairs to and replacements within the Common Elements shall be the responsibility of and shall be furnished by the Association.  The cost of maintenance of, repairs to and replacements within the Units to the extent the Board elects to provide such services and within the Common Elements shall be part of the common expenses, subject to the By-Laws, rules and regulations of the Association.  However, at the discretion of the Board, maintenance of, repairs to and replacements within the Limited Common Elements may be assessed in whole or in part to Unit Owners benefited thereby, and, further at the discretion of the Board, the Board may direct Unit Owners who stand to be benefited by such maintenance of, repairs to and replacement within the Limited Common Elements to arrange for such maintenance of, repairs, and replacements in the name and for the account of such benefited Unit Owners, pay the cost thereof with their own funds and procure and deliver to the Board such lien waivers and contractor’s and subcontractor’s sworn statements as may be required to protect the Property from all mechanics’ or materialmen’s lien claims that may arise therefrom.

                        In addition to the discretionary authority provided herein for maintenance of all or any portion of the Units, the Board shall have the authority to maintain and repair any Unit, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect the Common Elements or preserve the appearance and value of the Property, and the Unit Owner of said Unit has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair delivered by the Board, and the Board shall levy a special assessment against the Unit of such Unit Owner for the cost of said necessary maintenance or repair.

                       If due to the act or negligence of a Unit Owner, or his agent, servant, tenant, family member, invitee, or licensee, damage shall be caused to the Common Elements or to a Unit or Units owned by others, or maintenance, repair or replacement are required which would otherwise be a common expense, then such Unit Owner shall pay for such damage or such maintenance, repair or replacements, as may be determined by the Association; however, the provisions of this Paragraph are subject to the provisions of Paragraph XII hereof providing for waiver of subrogation rights with respect to casualty damage insured against under the policies of insurance maintained by the Board.

                       The authorized representatives of the Association or Board, or the Managing Agent with approval of the Board, shall be entitled to reasonable access to the individual Units and Limited Common Elements as may be required in connection with the preservation of any individual Unit or Limited Common Elements in the event of an emergency, or in connection with maintenance of, repairs or replacements, within the Common Elements, Limited Common Elements of any equipment, facilities, or fixtures affecting or serving other Units, Common Elements and Limited Common Elements or to make any alteration required by any governmental authority and in order to carry out the intent and purpose of this paragraph, there is specifically granted to the Board and its authorized representatives, servitudes through the units and common elements for maintenance, repair and/or replacement of portions of the Units and Common Elements.  Use of these servitudes, however, for access to the individual Units shall be limited to reasonable hours, except that access may be had at any time in case of emergency.

                        XIV.  DECLARANT’S RIGHTS AS TO COMMON FACILITIES.  Notwithstanding anything contained in this Declaration to the contrary, Declarant hereby reserves and retains unto itself or its designee, the right and privilege (but not the obligation) to operate and promulgate rules relating to, and to maintain, repair or replace, any and all areas existing for common use until such time as Declarant has sold Units which correspond, in the aggregate, to ninety percent (90%) of the undivided ownership of the Common Elements.  The Board, the Association and all Unit Owners shall be bound by and shall comply with any action taken by Declarant pursuant to this Paragraph XIV.

XV.  ALTERATIONS, ADDITIONS OR IMPROVEMENTS;  Except as 

provided in  Paragraph XVI herein, no alteration of any Common Elements, or any additions or improvements thereto, shall be made by any Unit Owner without the prior written approval of the Board.  Any Unit Owner may make alterations, additions or improvements within the Unit of the Unit Owner without the prior written approval of the Board, but such Unit Owner shall be responsible for any damage to other Units, the Common Elements, the Property, or any part thereof, resulting from such alterations, additions or improvements.

                        XVI.  DECORATING.  Each Unit Owner, at his own expense, shall furnish and be responsible for all decorating within his own Unit and Limited Common Elements serving his Unit, as may be required from time to time, including painting, wall papering, washing, cleaning, paneling, floor covering, draperies, window shades, curtains, lighting and other furnishings and decorating. Each Unit Owner shall be entitled to the exclusive use of the interior surfaces of the perimeter walls, floor and ceilings of his Unit, and any balconies and terraces constituting a part thereof, and such Unit Owner shall maintain said interior surfaces in good condition at his sole expense, as may be required from time to time. Said maintenance and use of interior surfaces shall be subject to the rules and regulations of the Association, but each Unit Owner shall have the right to decorate such interior surfaces from time to time as he may see fit and at his sole expense.  Decorating of the Common Elements (other than interior surfaces within the Units as above provided and other than of Limited Common Elements) and any redecorating of Units, to the extend such redecorating of Units is made necessary by damage to Units caused by maintenance, repair or replacement of the Common Elements by the Association shall be furnished by the Association as part of the common expense.  All windows forming a part of the perimeter wall of a Unit shall be cleaned and washed at the expense of the Unit Owner of that Unit.  No Unit Owner shall enclose the balcony of his Unit or decorate the portions of such balcony visible from outside such Unit in any manner which detracts from the appearance of the Building, and the determination of the Board on such matters shall be final.

                        XVII.  ENCROACHMENTS.  If any portions of the Common Elements shall actually encroach upon any Unit, or if any Unit shall actually encroach upon any portions of the Common Elements, or if any Unit shall actually encroach upon another Unit, as the Common Elements and Units are shown by the Plat, there shall be deemed to be mutual easements in favor of the Owners of the Common Elements and the respective Unit Owners involved, to the extend of such encroachments, as long as the same shall exist.

                        In interpreting deeds, mortgages, the Plat and building plans and specifications, the existing physical boundaries of a Unit or of a Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed, mortgage, the Plat, or building plans and specification, regardless of settling or lateral movement and regardless of minor variance between boundaries shown on the building plans and specifications or in the deed and those of the Units.

                        XVIII.  USE AND OCCUPANCY RESTRICTIONS.   Subject to the provision of this Declaration and the By-Laws, no part of the Property may be used for purposes other than housing and the related common purposes for which the Property was designed.  Each Unit or any two or more adjoining Units used together shall be used as a residence or such other use permitted by this Declaration, and for no other purpose, except that professional and quasi-professional people may use their residence as an ancillary or secondary facility to an office established elsewhere.  The foregoing restrictions as to residence shall not, however, be construed in such manner as to prohibit a Unit Owner from:  (a) maintaining his personal professional library; (b) keeping his personal business or professional records or accounts; or (c) handling his personal business or professional telephone calls or correspondence.  Such uses are expressly declared customarily incidental to the principal residential use and not in violation of said restrictions.

                        The Common Elements shall be used only by the Unit Owners and their agents, servants, tenants, family members, customers, invitees and licensees for access, ingress to and egress from the respective Units and for other purposes incidental to use of the Units; provided, however, the garage, storage areas, and other areas designed for a specific use shall be used for the purpose approved by the Board. The use, maintenance and operations of the Common Elements shall not be obstructed, damaged, or unreasonably interfered with any Unit Owner, and shall be subject to any lease, concession, or easement, presently in existence or entered into by the Board at some future time, affecting any part of or all of said Common Elements.

                        Without limiting the generality of the foregoing provisions of this Paragraph XVIII, use of the Property the Unit Owners shall be subject to the following restrictions:

                                    (a)   Nothing shall be stored in or upon the Common Elements without prior consent of the Board except in storage areas or as otherwise herein  expressly provided;

                                    (b)  Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance for the Property without the prior written consent of the Board.  No Unit Owner shall permit anything to be done or kept in his Unit or in or on the Common Elements which will result in the cancellation of insurance on any Unit, or any part of the Common Elements, or which will be in violation of any law;

                                    (c)  No waste shall be committed in or on the Common Elements;

                                    (d)  Each Unit Owner shall keep and maintain the interior of his Unit in good condition and repair, including all appliances, the entire air conditioning system (including compressors, ducts and vents) serving the Unit (whether the same is inside or outside the Unit), and all electrical systems, water lines and other fixtures located within the Unit;

                                    (e)  Not more than two (2) animals having an aggregate weight of not more than twenty-five (25) pounds (including, but without limitation, dogs and cats) shall be kept within any Unit or on the Property, except for small birds (which must be kept in cages) and fish; provided, however, no Unit Owner or Occupant shall keep or breed small birds or fish for commercial purposes within any Unit or on the Property;

                                    (f)  Each Unit Owner shall provide and maintain garbage and trash receptacles as may be directed by the Board, and all garbage and trash shall be kept in said receptacles;

                                    (g)  No Unit Owner or Occupant shall play upon, or suffer to be played upon, any musical instrument, or permit to be operated a phonograph, radio or television loudspeaker in any Unit or on the Property between the hours of 11:00 o’clock p.m. and the following 9:00 a.m., if the same may tend to disturb or annoy  other Occupants of the Buildings nor shall any Occupant or Unit Owner commit or permit any nuisance, or immoral or illegal act in his Unit or on the Property;

                                    (h)  Subject to Declarant’s rights under Paragraph V(e) of this Declaration, no sign of any kind shall be displayed to the public view on or from any Unit or the Common Elements without the prior written consent of the Board or the written consent of the Managing Agent acting in accord with the Board’s direction;

                                    (i)  No noxious or offensive activity shall be carried on in any Unit or on or in the Common Elements nor shall anything be done therein which may be or become an annoyance or nuisance to the other Unit Owners;

                                    (j)  Except as expressly provided hereinabove, nothing shall be altered or constructed in or removed from the Common Elements, except upon the written consent of the Board;

                                    (k)  No structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuildings shall be permitted on the Property at any time temporarily or permanently, except with the prior written consent of the Board; provided, however, that temporary structures may be erected for use in connection with the repair or rebuilding of the Building or any portion thereof;

                                    (l)  Outdoor drying of clothes, bedding, or similar items shall not be permitted;

                                    (m)  Parking of vehicles in driveways and parking areas shall be subject to the rules and regulations of the Board applicable thereto;

                                    (n)  Except within individual Units, no planting, transplanting or gardening shall be done and no fences, hedges or walls shall be erected or maintained upon the Property, except as approved by the Board;

                                    (o)  Motorcycles, motor bikes, motor scooters or other similar vehicles shall not be operated within the Property except for the purpose of transportation, it being intended that said vehicles shall not be operated within the Property so as to annoy or disturb persons or endanger persons or property.

                                    (p)  No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents.  All parts of the Property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist.  No Unit Owner shall permit any use of his Unit or of the Common Elements which will increase the premium rate of casualty or liability insurance upon those portions of the Property insured by the Association, except with the express approval of the Association.

                                    (q)  No immoral, improper, offensive or unlawful use shall be made of the Property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having justification shall be observed.  The respective responsibilities of Unit Owners and the Association of complying with the requirements of governmental bodies which require maintenance, modification or repair of the Property shall be the same as hereinabove provided for the maintenance and repair of that portion for the Property subject to such requirements.

                                    (r)  Neither the Board nor the Association shall take or permit to be taken any action that unlawfully discriminates against one or more Unit Owners.

                        XIX.  REMEDIES.  In the event of any violation of the provisions of the Act, Declaration, By-Laws or rules and regulations of the Board or Association by any Unit Owner (either by his own conduct or by the conduct of any other Occupant of his Unit) the Association, or its successors or assigns, or the Board, or its agent, shall have each and all of the rights and remedies which may be provided for in the Condominium Act, Declaration, By-Laws, or said rules and regulations, or which may be available at law or in equity, and may prosecute an action or other proceedings against such defaulting Unit Owner and/or others for enforcement of any lien and the appointment of a receiver for the Unit and ownership interest of such Unit Owner, or for damages or injunction or specific performance or for judgment for payment of money and collection thereof, or for any combination of remedies, or for any other relief.  All expenses of the Board in connection with any such action or proceedings, including court costs and attorney’s fees and other fees and expenses and all damages, liquidated or otherwise, together with interest thereon at the  maximum lawful rate per annum until paid, shall be charged to and assessed against such defaulting Unit Owner, and shall be added to and deemed part of his respective share of the common expenses, and the Board shall have a lien for all of the same, as well as for non-payment of his respective share of the common expenses, upon the Unit and Ownership interest in the Common Elements of such defaulting Unit Owner and upon all of his additions and improvements thereto and upon all of his personal property in his Unit or located elsewhere on the Property; provided, however that such lien shall be subordinate to the lien of a prior, recorded first Mortgage on the interest of such Unit Owner, except for the amount of the proportionate share of said common expenses which become due and payable from and after the date on which the said Mortgagee either takes possession of the Unit, or accepts a conveyance of any interest therein through a deed in lieu of foreclosure or through foreclosure of its mortgage.  This paragraph shall not be amended, changed, modified or rescinded without the prior consent of all holders of record of Mortgages against Units.

                        In the event of any such default by any Owner, the Board and the manager of Managing Agent, if so authorized by the Board, shall have the authority to correct such default, and to do whatever may be necessary for such purpose and all expenses in connection therewith shall be charged to and assessed against such defaulting Unit Owner.  Any and all such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the Board.

                        The violation of any restriction or condition or regulation adopted by the Board or the breach of any covenant or provision herein contained, shall give the Board the right, in addition to any other rights provided for in this Declaration, (a) to enter upon the Unit, or any portion of the property upon which, or as to which such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and the Board, or its employees or agents, shall not thereby be deemed guilty in any manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity the continuance of any breach; or (c) to take possession of such Unit Owner’s interest in the property and to maintain an action for possession of such Unit in the manner provided by law.

                        XX.  SALES AND OTHER TRANSFERS.  Other than the initial sales of Units by Declarant, no Unit Owner shall sell, assign, convey or otherwise transfer his Unit or any interest therein unless, at least ten (10) days prior to any such sale, assignment, conveyance or transfer, he gives written notice to the Board of the name(s) and address(es) of each proposed purchaser, assignee or transferee.  The purpose of this Paragraph XX is to make certain that any proposed purchaser, assignee or transferee is made aware of the provisions of this Declaration, as well as any delinquent assessments, if any, attributable to the applicable Unit, prior to the consummation of any such purchase, assignment or transfer.

                        XXI.  AMENDMENT.  The provisions of this Declaration may be changed, modified or rescinded by an instrument in writing setting forth such change, modification or rescission and signed and acknowledged by Unit Owners owning not less than seventy-five percent (75%) of the total ownership of Common Elements; provided, however, that all Mortgagees of record have been notified by certified mail of such change, modification or rescission, and an affidavit by the secretary of the Association certifying to such mailing is made a part of such instrument.  The percentage ownership of the Common Elements provided for in this Declaration shall not be amended or modified without the consent of all Unit Owners and of all Mortgagees.

                        Declarant shall have the authority, without the joinder or consent of any other party including specifically but not by way of limitation, a Unit Owner or Mortgagee of a unit, to make any amendment of this Declaration necessary to clarify any apparently conflicting provisions hereof and/or to correct any mistakes or errors of a clerical nature resulting from typographical or similar errors.

                        Any change, modification or rescission, whether accomplished under any one or more of the provisions of the preceding paragraphs, shall be effective upon recording of such instrument in the Conveyance Office for the Parish of Jefferson, State of Louisiana; provided, however, that no provisions in this Declaration may be changed, modified or rescinded so as to conflict with the provisions of the Act.

                        If the Act, the Declaration or the By-Laws require the consent or agreement of all Unit Owners or of all Mortgagees for any action specified in the Act or in this Declaration, then any instrument changing, modifying or rescinding any provision of this Declaration with respect to such action shall be signed by all the Unit Owners or all Mortgages or both as required by the Act or this Declaration.

                        XXII.  NOTICES.  Notices provided for in the Act, Declaration or By-Laws shall be in writing, and shall be addressed to the Association or Board, or to any Unit Owner, as the case may be, at such address as hereinafter provided.  The Association or Board or any Unit Owner may designate a different address or addresses for notices to them, respectively, by giving written notice to the Association.  Notices addressed as above shall be deemed delivered when mailed by United States mail with postage prepaid, or when delivered in person.

                        Upon written request to the Association, the holder of any recorded Mortgage encumbering any Unit shall be given a copy of all notices permitted or required by this Declaration to be given to the Unit Owner whose Unit is subject to such Mortgage.

                        XXIII.  SEVERABILITY.  If any provision of the Declaration or By-Laws, or any section, sentence, clause, phrase, word, or the application thereof in any circumstances, is held invalid, the validity of the remainder of this Declaration and the By-Laws and of the application of any such provision, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby and the remainder of this Declaration or the By-Laws shall be construed as if such invalid part was never included therein.

                        XXIV.  RIGHTS AND OBLIGATIONS.  Each grantee of the Declarant, by the acceptance of the deed of conveyance from the Declarant, accepts the same subject to all restrictions, conditions, covenants, restrictions, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration.  All rights, benefits and privileges of every character hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any time any interest or estate in said land, and shall inure to the benefit of such grantee in like manner as though the provision of this Declaration were recited and stipulated at length in each and every deed of conveyance or contract for conveyance.

                        XXV.  PRIOR MORTGAGEE’S APPROVAL.  The prior written approval of each holder of a first Mortgage or equivalent security interest, in Units in the Condominium will be required for each of the following:

                        (a)  The abandonment or termination of the Condominium except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a total taking by condemnation or eminent domain.

                                    (b)  Any material amendment to the Declaration or to the By-Laws of the Association, including, but not limited to, any amendment which would change the percentage interest of the Unit Owners in the Common Elements; and

                                    (c)  Partition or subdivision of any Unit;

                                    (d)  Abandonment, partition, sale, transfer or encumbrance of all or any part of the Common Elements through act or omission.  Provided, however, the granting of easements or servitudes for public utilities or other public purposes connected with the intended use of the Common Elements by the Unit Owners shall not be deemed a transfer within the meaning of this clause.

                                    (e)  Use of hazard insurance proceeds for losses to any condominium property (whether to Units or Common Elements) for other than repair, replacement or reconstruction of such condominium property, except as provided by the Act in case of substantial destruction of the Units and/or the Common Elements.

                        XXVI.  LEASES.  With the exception of a lender in possession of a Condominium Unit following a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no Unit Owner shall be permitted to lease his Unit for transient or hotel purposes.  No Unit Owner may lease less than the entire Unit.  Any lease agreement shall be required to provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration and the By-Laws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease.  All leases shall be in writing.

                        XXVII.  MORTGAGEE’S RIGHTS.  Any institutional or corporate holder of a first Mortgage on a Unit in the Property will, upon request, be entitled to:

                                    (a)  Inspect the books and records of the Association during normal business hours;

                                    (b)  Receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year of the Association; and

                                    (c)  Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings;

                                    (d)  Receive written notice of any default on the part of a Unit Owner of each unit under the Declaration, the By-Laws or other rules and regulations of the Association if not cured within sixty (60) days.

                        XXVIII.  DAMAGE OR DESTRUCTION.  In any event of substantial damage to or destruction of any Unit or any part of the Common Elements, the holder of any Mortgage on a Unit will be entitled to timely written notice of any such damage or destruction.

                        XXIX.  EMINENT DOMAIN.  If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary) the Association and each Unit Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The Association shall give timely written notice of the existence of such proceedings to all Unit Owners and to all Mortgagees known to the Association to have an interest in any Unit. The expense of participation in such proceedings by the Association shall be borne by the Association.  The Association is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for such taking shall be deposited with the Association and such damages or awards shall be applied as provided to defend or resist any such proceedings, to make any settlement with respect thereto, or to convey such property to the condemning authority in Lieu of such condemnation proceedings. With respect to any such taking, all damages and awards shall be determined for such taking as a whole and not for each Unit Owner’s interest therein.  After the damages or awards for such taking are determined, such damages or awards shall be paid to the account of each Unit Owner and first Mortgagees, if any, as their interest may appear in proportion to their fractional ownership interest in the Common Elements to be applied or paid as set forth in the attached Exhibit “E”: unless restoration takes place as herein provided.  If it deems advisable, the Board may call a meeting of the Unit Owners at which meeting the Unit Owners, by a majority vote, shall decide whether to or not to replace or restore as far as the Common Elements so taken or damage.  In the event it is determined that the Common Elements shall be replaced or restored by obtaining other land or building additional structures, this Declaration and the Plat attached hereto shall be duly amended by an instrument executed by the Association on behalf of the Unit Owners.  In the event such eminent domain proceeding results in the taking of or damages to one (1) or more, but less than sixty-six and two-thirds percent (66-2/3%) of the total number of Units, then the damages and awards for such taking shall be determined for each Unit and the following shall apply: 

                                    (a) The Association shall determine which of the Units damaged by such taking may be made tenantable for the purpose set forth in the Declaration, taking into account the nature of this Condominium and the reduced size of each Unit so damaged.

                                    (b)  The Association shall determine whether it is reasonably practical to operate the remaining Units of the Condominium including those damaged Units which may be tenantable, as a condominium in the manner provided in this Declaration.

                                    (c)  In the event the Association determines it is not reasonably practical to operate the undamaged Units and the damaged Units which can be made tenantable, then the Property shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interest by all Unit Owners, as owners in indivision, in the fractional ownership interest previously owned by each Unit Owner in the Common Elements.

                                    (d)  In the event the Association determines it will be reasonably practical to operate the undamaged Units and the damaged Units which can be made tenantable then the damages and awards made with respect to each Unit which has been determined to be capable of being made tenantable shall be applied to repair and to reconstruct such Unit so that it is made tenantable.  If the cost of such work exceeds the amount of the award, the additional funds required shall be assessed against those Units which are tenantable, and the award made shall be paid as set forth in Exhibit “E” of the Declaration and the remaining portion of such Units, if any, shall become a part of the Common Elements.  Upon payment of such award for the account of such Unit Owner as provided herein, such Unit shall no longer be susceptible of independent ownership as a part of the Property and the fractional ownership interest in the Common Elements appurtenant to each remaining Unit which shall continue as a part of the Property shall be equitably adjusted to distribute the ownership of the undivided interest in the Common Elements among the reduced number of Unit Owners.  If the entire Property is taken, or sixty-six and two-thirds percent (66-2/3%) or more of the Units are taken or damaged by such taking, all damages and awards shall be paid to or for the accounts of the Unit Owners of Units or their first Mortgage; if any, as their interests may appear, as provided herein, in proportion to their fractional ownership interests in the Common Elements; and this Condominium Regime shall terminate upon such payment.  Upon such termination, the Property shall be owned in undivided interest by all Unit Owners in the fractional ownership interest previously owned by each Unit Owner in the Common Elements.  Any damages or awards provided in this paragraph shall be paid to or for the account of any Unit Owner and first Mortgagee, if any, as their interests may appear.

                        XXX.  MANAGEMENT AGREEMENT.  Any management agreement for the Property shall be terminable by either party thereto for cause and without payment of a termination fee upon thirty (30) days written notice of termination; or without cause and without payment of a termination fee upon not more than ninety (90) days written notice of termination.  The term of any agreement for professional management of the Property shall not exceed one (1) year.  However, subject to the provisions of this paragraph, such agreement shall be subject to renewal by the parties thereto. 

                        XXXI.  UNIT OWNER DEFAULT.  The  Association shall, upon written request give the holders of first Mortgages prompt notice in the event of default in the Unit Owner’s obligations under the condominium documents not cured within thirty (30) days of default.

                      XXXII.  FIDELITY COVERAGE.   The Association shall maintain adequate fidelity coverage to protect against dishonest acts by its officers, directors, and employees, who are responsible for handling Association funds.  Said coverage shall name the Association as obligee, be written in an amount of at least one hundred fifty percent (150%) of the estimated annual operating budget, contain waivers of any defense based on exclusion of employees who serve without compensation, and shall not be cancelled or substantially modified without at least thirty (30) days’ notice to all first Mortgagees of record.

                        IN WITNESS WHEREOF, Declarant has executed this Condominium Declaration in the presence of the undersigned witnesses, both persons of full age and competency and me, Notary, after due reading of the whole, on the date and at the place set forth hereinabove.

WITNESSES;                                                  DECLARANT

                                                                        LA MAISON DE LA BONNE VIE, INC.

/s/ Bonnie G. Aucoin                                    

                                                                        /s/ Norman Parent, President                     

/s/ Kerry A. ???                  

                                    /s/ Henry O’Connor, Jr   

                                    NOTARY PUBLIC

 THIRTEEN (13) CERTAIN LOTS OF GROUND, together with all of the buildings and improvements thereon and all of the servitudes, rights, and appurtenances thereunto belonging or in anywise appertaining, situated in the State of Louisiana, Parish of Jefferson, in that part thereof known as HARLEM PARKWAY SUBDIVISION, designated as LOTS NOS. 6 through 18, both inclusive, in SQUARE NO. 48, which square is bounded by West Esplanade Avenue (formerly 10^th Street), the East Boundary of Harlem Parkway Subdivision, 9^th Street and Ridgelake Drive, as delineated on a survey by Edward L. Clinton, Registered Land Surveyor, dated June 24, 1981, and according thereto, said lots of ground are described as follows:

LOTS NO. 6 through 10 adjoin each other and measure each 24 feet front on RIDGELAKE DRIVE, the same in width in the rear, by a depth of 120 feet between equal and parallel lines.  LOT NO. 10 forms the northeast corner of West Esplanade Avenue and Ridgelake Drive.

LOTS NO. 11 through 18 adjoin each other, and measure 25 feet front on WEST ESPLANADE AVENUE, same in width in the rear, by a depth of 120 feet, between equal and parallel lines.  LOT NO. 11 lies nearer to and commences at a distance of 120 feet from the northeast corner of West Esplanade Avenue and Ridgelake Drive, the westerly sideline thereof being common with the rear or eastern lines of the aforesaid Lots 1 through 6.

Said LOTS NO. 6 through 18, together form a portion of ground which measures along its southern line, a distance of 200 feet front on the north line of WEST ESPLANADE AVENUE, by a depth along its western line fronting on the east line of RIDGELAKE DRIVE, of 120 feet, a width in the rear along its northern line of 320 feet, and a depth on its eastern line, along the East Boundary of the Subdivision of 120 feet.

Being the same property acquired by act before Henry O’Connor, Jr., Notary Public, dated June 30, 1981 registered in COB                      , folio                      , Jefferson Parish, Louisiana

 

                                                                                           

EXHIBIT “D”