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and of the sane or similar nateria•1s and of like quality. Pro-
vided, that if stich naintenance~repair or construction is
brought about solely by the neglect or the wilful nisconducfc of
one Dwelling Unit Owner, any expense incidental thereto -
shall be borne solely by suchwrongdoer. ~ If a Dwelling Unit
Owner shall refuse to par his share or all-or part of such
cost in the case of negligence or wilful misconduct,--any other
- Dwelling Unit Owner who shares said party wall~may have such
-wall repaired or reconstructed and shall be entitled to a lien
on the Dwelling Unit of the Owner so failing to pay- for the
amount of such defaulting Owner's share of the repair. or re-.: -
placement. If a Dwelling Unit Owner shall give, or shall have - -
gi ven, a mortgage- or mortgages upon h3 s Dwelling Unit, -then`~the - -
- mortgagee-shall have the .full: right at..his option t~:exercis.e - -
the rights of his mortgagor as an ONOer hereunder and,-in- - -
addition, the right'to add to the outstanding balance of such -
mortgage any amounts paid by the.mortgagee.for repair here-
under and not reimbursed to said mortgagee by the Dwelling ~ - .
- Unit Owner.
C. If one owner owns-two adjacent Dwelling Units, the -
entire wall shall become the property of that Owner Loge"then-
with all of the land under the wall. At such time as that
Owner sells the-adjacent_Oweliing Unit, he shall then have an-
easement upon the land under the wall from-the midpoint of-
the wall to the adjacent Dwelling Unit, and his ownership
in the wall shall be up to the mid point of the wall. Any -
Dwelling Unit Owner who removes his improvements from the
party wall or makes use of the party wall sha h] do so in such
a manner as to preserve al_1 -of the rights of~ the adjacent
Dwelling Unit Owner in the wa ll. The adjacent Owner shall _
be held harmless-from-all damages caused to the party wall -
by actions of the adjacent Dwelling Unit Owner. In the event -
- repair or reconstruction shall be necessary, all necessary
entries on the adjacent Dwelling Unit shall not be deemed to
be given to enter upon the adjacent Dwelling Unit to effect
any necessary repairs and reconstruction.
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