Article IV General Provisions as to Units and Common Elements

1. Submission of Property to Condominium Property Act.

The Property is hereby submitted to the provisions of the Condominium Property Act of the State of Illinois.

2. No Severance of Ownership.

No Owner shall execute any deed, mortgage, lease, or other instrument affecting title to his Unit Ownership without including therein both his interest in the Unit and his corresponding percentage of ownership in the Common Elements, it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, lease or other instrument purporting to affect the one without including also the other shall be deemed and taken to include the interest so omitted even though the latter is not expressly mentioned or described therein.

3. Easements.

(a) Encroachments.

• In the event that, by reason of the construction, settlement or shifting of the Building, any part of the Common Elements encroaches or shall hereafter encroach upon any part of any Unit, or any part of any Unit encroaches or shall hereafter encroach upon any part of the Common Elements or any other Unit, or, if by reason of the design or construction of any Unit, it shall be necessary or advantageous to an Owner to use or occupy any portion of the Common Elements for any reasonable use appurtenant to said Unit, which will not unreasonably interfere with the use or enjoyment of the Common Elements by other Unit Owners, or, if by reason of the design or construction of utility, ventilation and fire alarm systems, any main pipes, ducts, conduits, meters or other equipment serving more than one Unit encroach or shall hereafter encroach upon any part of any Unit, valid easements for the maintenance of such encroachment and for such use of the Common Elements are hereby established and shall exist for the benefit of such Unit and the Common Elements, as the case may be, so long as all or any part of the Building shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Elements be created in favor of any Owner if such encroachment or use is detrimental to or interferes with the reasonable use and enjoyment of the Property by the other Owners and if it occurred due to the willful conduct of any Owner.

(b) Utility Easements.

• The Illinois Bell Telephone Company, Commonwealth Edison Company, and all other public utilities serving the Property are hereby granted the right to lay, construct, renew, operate and maintain conduits, cables, other equipment, into and through the Common Elements and in the Stairwells for the purpose of providing utility services to the property.

(c) Patios, Balconies, Attics and Crawl Spaces.

• A valid exclusive easement is hereby declared and established for the benefit of each Unit and its Owner consisting of the right to use and occupy the patio or balcony adjoining the Unit and the right to use the attic and/or crawl space immediately above or below the Unit; provided, however, that no Owner shall decorate, fence, enclose, landscape, adorn or alter such patio or balcony in any manner contrary to such rules and regulations as may be established by the Board of Managers, as hereafter provided, unless he shall first obtain the written consent of said Board so to do. Neither the Board of Managers nor the Association shall be considered the bailee of any personal property in the attics and crawl spaces, nor shall either be responsible for any loss or damage thereto whether or not due to the negligence of the Board of Managers and/or the Association.

(d) Easement to Run with Land.

• All easements and rights described herein are easements appurtenant, running with the land, perpetually in full force and effect, and at all times shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchasers, mortgagee, and other person having an interest in the Property, or any part or portion thereof. Reference in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of such obligation to the easements and tights described in any part of this Declaration, shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees and trustees of such Unit Ownerships as fully and completely as though such easements and rights were recited fully and set forth in their entirety in such documents.