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e. Certificate . Notwithstanding the provisions of this instrument, the Insurance
Trustee shall not be required to determine whether or not sums paid by the
dwelling unit owners upon assessments shall be deposited by the Associa-
tion with the Insurance Trustee. not to determine whether the disbursements
from the construction fund are to be upon the order of the Associarion or
upon approval of an architect or otherwise, nor whether a disbursement is
to be made from the construction fund nor to determine the payee nor the
amount to be paid. Instead, the Insurance Trustee may rely upon a certifi-
cate of the Association made by its President and Secretary as to any or all
of such matters and staring that the sums to be paid are due and properly
payable and stating the name of the payee and the amount to be paid; pro-
vided that when a mortgagee is required in this instrument to be named as
~ payee, the Insurance Trustee shall also name the mortgagee as a payee of
l any distributioa of insurance proceeds to a dwelling unit owner; and further
~ provided that when the Association, or a mortgagee that is the beneficiary
€ of an insurance policy whose proceeds are included in the construction fund.
r so requires , the appi~oval of an architect named by the Associarion shall be
~ first obtained by the Association upon disbursements in payment of costs
~ of reconstruction and repair.
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~ ARTICLE XII
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~ USE RESTRICTIONS
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~ The use of the condominium property shall be in accordance with the following provisions
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as long as ihe condominium e~cists and the apartment building or buildings in useful condition
exist upon the land .
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a A. Dwelling Units . Each of the dwelling units shall be occupied only by a family. its
servants and guests, as a residence and for no other purpose . Except as reserved to the
Developer, no dwelling unit may be divided or subdivided into a smaller unit nor any por-
tion sold or otherwise transferred without first amending this Declaration to show the changes
~ in the dwelling units being affected .
B. Common Elements . The common elements shall be used only for the purposes for
which they are intended in the furnishing of services and faciliries for the enjoyment of the
:,y dwelling unit owners .
C. Recreational and common use property . All recreational property and common use
'~L; property shall be used only for the purposes for which such property is intended in the fur-
nishing of services and faciliries for the enjoyment of the dwelling unit owners .
- D. Nuisances . No nuisance shall be allowed upon the condominium property, nor any
use or practice that is the source of annoyance to residents or which interferes with the peace-
= ful possession and proper use of the property by its residents . All parts of the condominium
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