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HomeMy WebLinkAbout2715 • distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. This is -a covenant for the benefit oP any mortgagee of a unit and may be enforced by such mortgagee. 8.7 Association as A ent. The Association is hereby irrevocably appointed agent or each unit owner and for each owner oP a mortgage or other lien upon a unit and for each owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by ~ the Association, and to execute and deliver releases upon the payment of claims. 8.8 Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Association, or if at any time during reconstruction and repair, or upon completion of reconstruction and repair,-the funds For the payment of the costs thereof are insufficient, assessments shall be made against the unit owners who ewn the damaged property, and against all unit owners in _ the case of damage to common elements, in sufficient amounts to provide funds to pay the estimated coats. Such assessments against unit owners for damage to property shall be in proportion to the cost of reconstruction and repair oP their respective properties. Such assessments on account of damage to common elements shall be in proportion to the owner's share in the common elements. 8.9 Deductible Provisions. The funds necessary to cover any deductible amount under an insurance policy against which a claim is made shall be a common expense. 9. EMINENT DOMAIN. The taking of a portion of a unit or of the common elements by eminent domain shall be deemed to be a casualty, and the awards Por such taking shall be deemed to be proceeds from insurance on account of the casualty, and shall be deposited with the Insurance Trustee. Even though the - awards may be payable to the unit owners, the unit owners shall deposit the awards with the Insurance Trustee; and, in the event of failure to do so, in the discretion oP the Board of Directors of the Association, a special assessment shall be made against a defaulting unit owner in the amount of his award, or the amount of such award shall be set off against the sums hereafter made payable to such owner. The proceeds of the awards shall be distributed or used in the manner heretofore provided for insurance proceeds. 10. USE RESTRICTIONS. The use of the property of the condominium shall be in accordance with the following provisions: 10.1 Units. Each of the units shall be used only for the cultivation of citrus crops and Por no other purposes. No unit may be divided or subdivided into a smaller unit nor any portion thereof otherwise altered without first amending this Declaration to show the changes in the units to be affected thereby. 10.2 Common Elements. The common elements shall be used only Por the purposes for which they are intended in the furnishing of services and facilities for the servicing, maintenance and operation of the units. 7 - BOOK PaGE2~ ~ V