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(3) A artment owner. The portion of insurance
proceeds representing amage for which the responsibility
of reconstruction and repair lies with an apartment owner
will be paid by the Insurance Trustee to the apartment
owner, or if there is a mortgagee endorsement as to the
apartment, then to the apartment owner and the mortgagee
jointly, who may use such proceeds as they may be advised.
(4) Sur lus. It will be presumed that the first
monies disburse in payment of costs of reconstruction and
repair will be from insurance proceeds. If there is a
balance in a construction fund after payment of all costs
of the reconstruction and repair for which the fund is
,established, such balance will be distributed to all apart-
ment owners in reimbursement of any common expense assess-
ments for damage to common elements, in proportion to
their contributions; and any excess will be distributed
to the apartment owners of this condominium. All
remittances to apartment owners of this condominium will
be payable jointly to them and to their mortgagees, except -
that the part of a distribution to an apartment owner of `
this condominium that is not in excess of assessments
paid by such owner into the construction fund will not be 't
made payable to any mortgagee.
However, such balance will be distributed to the
Developer if payment has been made by it in lieu of assess-
ments.
(5) Certificate. Notwithstanding the provisions of
this Declaration, the Insurance Trustee will not be
required to determine whether or not sums paid by the
apartment owne~rs upon assessments will be deposited with
the Znsurance Trustee, nor to determine whether the dis-
bursements from the construction fund are to be upon the
order of the Association or upon approval of an architect
or otherwise, nor whether a disbursement is to be made
from the construction fund, or to determine the payee nor
the amount to be paid. Instead, the Insurance Trustee
may rely upon a certificate of the Association as to any .
or all of such matters and stating that the sums to be
paid are due and properly payable and stating the name ~
of~the payee and the amount to be paid; provided that
when a mortgagee is required in this instrument to be
named as payee, the Insurance Trustee will also name the ~
mortgagee as a payee of any distribution of insurance
proceeds to an apartment owner; and further provided that
when the Association, or a mortgagee that is the bene-
ficiary of an insurance policy whose proceeds are included
in the construction fund, so requires, the approval of an ;
architect named by the Association will be first obtained !
by the Association upon disbursements in paymen_t of costs
of reconstruction and repair.
16. USE RESTRICTIONS.
The use of the condominium property will be in accordance
with the fol2owing provisions, as long as the condominium exists
and the apartment building in useful condition exists upon the land.
a. Each of the apartments will be occupied as a single
family private dwelling by its owner or his tenant, their visitors
and guests, and for no other purpose. Except as reserved to the
Developer, no apartment may be divided or subdivided into a
smaller unit nor any portion sold or otherwise transferred with-
out first amending this Declaration to show the changes in the
apartments to be affected.
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FEE. PARKER ~ FEE. P. A.
. ATTORNEVS AT lAW ~`~Y(~~~ Q~.~t~~~~
POST OFFICE BOX 1d00
FORT PIERCE. FLORIOA 33450
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