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<br />200607966 <br /> <br />structures shall be rebuilt and/or replaced. At the option of the Association, the Owner of any <br />Lot within the Properties shall take all action necessary so that any company providing such <br />insurance shall include within such insurance coverage an appropriate loss payable clause <br />naming the Association as payee of insurance proceeds and this Article III., Paragraph 6. shall <br />constitute the consent of any such Owner for any such company providing such insurance to <br />include within such insurance coverage provisions for an appropriate loss payable clause naming <br />the Association as payee of insurance proceeds. Upon receipt of any insurance proceeds <br />hereunder, the Association shall deposit such insurance proceeds for the benefit ofthe Owner and <br />disburse such insurance proceeds directly toward repairing the damages suffered. The <br />Association shall have the right to purchase insurance on the buildings and improvements located <br />on any Lot contained within the Properties if the Owner of such Lot does not purchase such <br />insurance consistent with the terms of this Article III., Paragraph 6. The costs of any such <br />insurance purchased by the Association shall be an assessment against such Lots and such <br />assessments, together with interest, costs and reasonable attorneys' fees shall be and constitute, <br />from the date levied until paid, a lien upon such Lot against which such assessment is made, <br />without any requirement of recording further notice of such lien. Such assessments, together <br />with interest, costs and reasonable attorneys' fees shall also be the personal obligation of each <br />person who was an Owner of such Lot against which such assessment is made at the time when <br />such assessment was made. <br /> <br />7. Each wall built as a dividing wall between separate dwellings constructed upon the <br />Lots contained within the Properties as part of the original construction oftownhomes upon Lots <br />contained within the Properties shall constitute a party wall to be used by adjoining Owners, <br />notwithstanding the fact that the wall so constructed, through error in construction or settling of <br />the wall so constructed, may not be located precisely on the dividing line between the Lots. To <br />the extent not inconsistent with the provisions of this Article III., Section 7., the general rules of <br />law regarding party walls and liability for property damage due to negligence or willful acts or <br />omissions shall apply thereto. If a party wall is destroyed or damaged by fire or other casualty to <br />the extent that the same is not covered by insurance, any Owner who has used the wall may <br />restore it and shall have an easement over the premises of the adjoining Owner for purposes of <br />construction of said wall, and if any other Owner thereafter makes any use of the wall, by <br />commencement of construction on his premises adjoining said wall, such other Owner shall <br />contribute to the costs of restoration thereof in proportion of which the adjoining Owner uses the <br />wall; provided, however, that any Owner may call for a larger contribution under any rule of law <br />regarding liability for negligent or willful acts or omissions. Any owner who by his negligent or <br />willful act causes the party wall to be exposed to the elements shall bear the whole cost of <br />furnishing the necessary protection against the elements. The right of any Owner to contribution <br />from any other Owner shall be appurtenant to the land and shall pass to any Owner's successors <br />and assigns. <br /> <br />8. The Association and its employees and agents, shall have the right of access to any <br />Lot contained within the Properties for the purposes of performing maintenance and repairs and <br />otherwise performing its duties hereunder and is hereby granted a specific easement for such <br />purpose. <br /> <br />6 <br />