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HomeMy WebLinkAbout1304 endorsement as to the apartment, then to the apartment owner and the mortgagee jointly, who may use such proceeds as they may be advised. - - 4. Sur lus. It will be presumed that the first monies disbursed in paymen~costs of reconstruction and repair •will be from insurance proceeds. If there is a balance in a con- struction fund after payment of all costs of the reconstruction and repair for which 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 fn 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 policy 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 with the following provisions. 13.1. Apartments. Each of the apartments will be occupied ~ 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- ment may be divided or subdivided into a smaller unit or otherwise. ~ transferred without first amending -this Declaration to show the f 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 ruled and regulations adopted by the Board of Directors of the Asso- j 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 (3) days written notice from said Board of Directors. s The apartment owners will not cause anything to be hung, displayed or placed on the. exterior walls, doors or windows 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 x prior written consent of the Board of Directors of the Association. ~ No 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. Automobiles will be parked in the parking areas of the condominium property adjacent to or near the apartment building, -14- a~338 P~1302 - - _ ~