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- 4 ~_r~l_u__s_. It will be presumed that the first
monies disbursed: n payment of costs of reconstruction and repair
will be from insurance proceeds. If there .is a balance in a con- -
struction fu::d after payment of all costs of t`.e reconstruction and
repair for whi h the fund is established, such balance will be
- distributed to the beneficial owners of the fund in the manner else-
where stated. Except, however, that the part of a distribution to a
beneficial owner that is not in excess of assessments paid by such
owner into the construction fund will not be made payable to any
mortgagee. -
5. Certificate.. Notwithstanding the provisions -
of this instrument, the Insurance Trustee will not be required to
determine whether or-not sums paid will be deposited with the Insur-
- ance Trustee, nor to determine whether the disbursements 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, nor to determine the payee nor
-the amount to be paid. Instead, the Insurance Trustee may rely.upon
a certificate of the Association made by its president and secretary
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 pro- -
ceeds to an ,apartment owner; and further provided that when the
- Association, or-a mortgagee that is the beneficiary of an insurance
pol-icy 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 payment of
costs of reconstruction and repair. - -
13. USE RESTRICTIONS -
- The use of the condominium property-will be in accordance
'i with the following provisions. _ -
13.1. Apartments. Each of the apartments will be o~:cupied
as a single family private dwelling by the owner, the members of his
family, and his social guests, and for no other purpose. No apart- - -
- went may be divided or subdivided into a smaller unit or otherwise
~ transferred without first amending this Declaration to show the -
changes in the apartments to be affected. -
~ ~ -
~ No animals or pets of any kind other-than household
pets will be kept in any apartment, or on any property of the condo-
minium, provided that the keeping of any pets shall be subject to the _
rules and regulations adopted-by the Board of Directors of the Asso-
c.iation, provided that they will not be kept, bred or maintained for
any .commercial purpose and further provided that any such pet causing
or creating a nuisance or unreasonable disturbance may be permanently
barred from the property,-upon three (Z) days written notice from
said Board of Directors.
- The apartment owners will not cause anything to be
hung, displayed or placed on the exterior walls, doors or window~r of
~ the apartment building and will not otherwise change the appearance
~ of any portion of the exterior of the apartment building or the sur-
~ -faces of interior building walls facing common elements without the
prior written consent of the Board-of Directors of-the Association.
"rio clothes lines or similar devices, and no signs, will be allowed on
~ porches or balconies or upon any other part of the condominium prop-
- erty, without the written consent of said Board of Directors.
9
~ Automobiles will be parked in the parking areas of
the condominium property adjacent to or near the apartment building,
but only in accordance with the rules and regulation of the Associa-
tion. There shall be-two parking spaces per apartment which shall
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