"The witness, Mrs. Golden: Because I was told it would be attached without any connection. It will be attached, it has no meaning. It will be attached. And the neighbors laughed and said to me, 'Ronda, it's going to cost you a lot of money because you're going to have to cultivate, because you're going to need it to look good. It's yours, costs you.' I said, 'Right, this is my garden, it's clear.'"
In this testimony, the plaintiff does indeed try to minimize the significance of the change between a situation in which the garden was attached to her registered apartment, and the provision of section 4 of the second addendum, which clearly states that to the extent that there is a planning or registration impediment to the registration of the linkage, the apartment owners give their consent to another registration arrangement that will ensure the plaintiff's rights in the garden. At the same time, the content of the section speaks for itself and on its face reflects the concern that it will not be possible to carry out the linkage in a registered manner on the one hand, and an attempt to solve this problem on the other. It should also be emphasized that even if I go a long way with the plaintiff and assume for the purposes of the law that she did not understand the significance of the change, as appears from Rubinstein's affidavit and supported by Appendix 7 to his affidavit - the draft that includes the amendment was forwarded to the apartment owners' counsel (i.e., to the plaintiff's attorney) and therefore it is presumed that this explained the legal significance deriving from it.
It should be added that Rubinstein testified that at the time of the meeting between him and the plaintiff, Rubinstein suggested to the plaintiff to choose another garden apartment from among the existing ones, or alternatively, to cancel the agreement, but she refused. Thus, on page 69, lines 9-17, Rubinstein testified:
"... There was a lot of uncertainty about how big the final garden would be in light of the municipality's guidelines, in light of the doubt that existed here. Rhonda also knows this, even though she was standing here and was naïve, I don't know, and there was a meeting with all the tenants. You sat with me, in my office, and I explained to you that there was a very big problem with the garden and I gave you the option to change to any of the other four apartments or cancel the upgrade or go to a regular apartment on a high floor. You told me, 'I want this apartment, I hope it'll be okay.' And staying with this apartment, "