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r � 77�t107304 Section 4 . Association as_ Age_nt . The Association is here - � by irrevocaT� appointe agen�or each Owner and his mort - gagees to adjust all claims arising under insurance policies purchased by the Association on the improvements on the Prop- erties and to execute and deliver releases upon payment of claims without joinder by the Owner . All insurance proceeds shall be applied by the Association toward repairing the dam- aqe suffered ; provided that reconstruction or repair shall not be compulsory where the damage exceeds two- ttiirds ( 2 / 3 ) of the value of the buildings and improvements . In such case , should the Owner so elect not to rebuild , the proceeds , along with the insurance indemnity , if any , shall be credited to each Owner in accordance with his pro rata share of the loss sustained by the damage or casualty for which the proceeds shall be payable , and said sums shall be first applied toward satisfaction of any recorded first mortgage against each Lot , next toward satisfaction of junior recorded liens in order of their priority , next toward the cost of razing the improve- ments or any remnants thereof from said premises and the fill - ing and leveling of said Lot , and the remainder shall then be paid to such Owner . In case the insurance proceeds do not equal the cost of repairs , the excess cost shall be consider - ed a maintenance expense to be assessed and collected by the Association from the Owners of the damaged improvements . In cases of over- insurance , any excess proceeds of insurance re - ceived shall be credited to the Working Fund for the Associa- tion . Section 5 . Additional Insurance . Each Lot Owner may ob- tain a�dit�ional insurance at his expense . ARTICLE ZX ACCESS The Association , its employees and agents , shall have the right to qo on any Lot or into or upon any dwelling or any Lot in the Properties for the purposes of performing maintenance and repair , making inspections and insuring compliance by each O�rner with the duties of the Owner hereunder , and is hereby granted a specific easement for such purpose , but , except for emergencies or with the Owner ' s consent , no dwelling shall be entered except during daylight hours and following reasonable notice to the Owner or occupant thereef . ARTICLE X GENERAL PROVISIONS Section l . Enforcement . The Association , or any Owner , shall have t� rig t to en orce by any proceeding at law or in equity , all restrictions , conditions , covenants , reserv- ations , lien � and charqes now or hereafter imposed by the pro- visions of this Declaration . Failure by the Association or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter . Section 2 . Severability . Invalidation of any one of these covenanta or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect . A Section 3 . Amen@ment . The covenants and restrictions of � � this Declarat�on s run with and bind the land for a term � " of thirty ( 30 ) years from the date this Declaration is re - ''`�� r . � cosded ai°tet which tin+e it shall be automatically extended for . � �;.!_".1.k e �.: . ... � ' - 9 - �