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deemed approved and the Association shall immediately levy such
assessment and thereupon the Association shall proceed to cause
such repairs and restoration to be accomplished, subject to the
provisions of .subparagraph 1(c) and (d) above. The special.
assessment funds shall be delivered by the Association, to the
Insurance Trustee and added by said Trustee to the proceeds t
available for the repair and restoration of "the property". The t
proceeds shall be disbursed by the Insurance Trustee for the ~
repair and restoration of "the property" as provided in subparagraph
1(c) above. To the extent that any insurance proceeds are paid
-over to any mortgagee and in the event it is determined not to
abandon the Condominium and to vote such special assessment, the
Unit Owner of the Unit, subject to the mortgage held by such
mortgagee, shall be subject to special assessment from such sum. ~
(d) In the event any dispute shall arise as to
whether or not "very substantial" damage has occurred, it is
.agreed that such a finding made by the Board of Directors of the
Association shall be binding upon all Unit Owners.
(3) Surplus. It shall be presumed that the first
monies disbursed in payment of costs of repair and restoration
shall be from the insurance proceeds and if there .is a balance in
the funds held by the Insurance Trustee after payment of all
costs of the repair and restoration, such balance shall be distrib-
uted to the beneficial owners of the fund in the manner elsewhere
.stated herein.
(4) Plans and Specifications. Any repair and restoration
must be substantially in accordance with the plans and specifics- ~
tions for the original building, or as the building was last
constructed, or according to the plans approved by~the Board of
Directors of the Association, which approval shall not be unreason- ~
ably withheld. If any material or substantial change is contem-
plated, the approval of all Institutional Mortgagees shall also, {
be required. - ~ ~
(5) Association's Power to Compromise Claim. The
Association is hereby irrevocably appointed agent for each Unit
Owner for the purpose of compromising and settling claims arising
under insurance policies purchased by the Association, and to 4
execute and deliver releases therefor upon the payment of claims. ~
t ARTICLE XIV }
~ USE AND OCCUPANCY RESTRICTIONS '
i
~ A. The Unit. Each Unit shall be used only as a single - t
family private dwelling for the Unit Owner and. the members of the f
Unit Owner's family, social guests and lessees as provided for in }
this Declaration, and for no other purpose. The Unit Owner shall
not permit or suffer anything to be done or kept in the Unit
which will increase the rate of insurance on the Condominium
Property, or which will obstruct or interfere with the rights of s
other Unit Owners, or annoy them by unreasonable noises, or
otherwise; nor shall the Unit Owner commit or permit any nuisance
or illegal act in or about the Condominium~Property.
B. Animals and Pets. No animals or pets of any kind shall
be kept in any Unit, or on the Condominium Property except with
the written approval of the Board of Directors and thereafter,
~ under the Rules and Regulations adopted by the Board of Directors;
provided, however, that no pets shall be kept, bred or maintained
for any commercial purpose and further provided that such pet
causing or creating a nuisance or unreasonable disturbance shall
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