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84004571
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11/20/2008 7:53:24 PM
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11/20/2008 7:53:24 PM
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DEEDS
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84004571
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<br />84_ <br /> <br />004571 <br /> <br />r <br /> <br />ARTICLE VI <br />PARTY WALLS <br /> <br /> <br />Section 1. General Rules of Law to Apply. Each wall built <br />as a dividing wall between separate dwellings constructed upon <br />the Lots as part of the original construction of homes upon the <br />properties shall constitute a party wall to be used by the adjoin:... <br />ing land owners as such, notwithstanding the fact that th~ wall <br />so constructed, through error in construction or settlipg of the <br />wall, may not be located precisely on the dividing line between <br />the Lots. To the extent not inconsistent with the provisions of <br />this Article, the general rules of law regarding party walls and <br />liability for property damage due to negligence or willful acts <br />or omissions shall apply thereto. <br /> <br />Section 2. Destruction by Fire or Other Casualty. If a <br />party wall is destroyed or damaged by fire or other casualty to <br />the extent the same is not covered by insurance, any owner who <br />has used the wall may restore it and shall have and there is <br />hereby created an easement over the premises of the adjoining <br />landowner for the purpose of construction of said wall, and if <br />any other Owner thereafter makes any U,' of the wall, by commence- <br />ment of construction on hi 5 premL 'S '" Joining said wall, such <br />other Owner shall contribute the ~v5t of restoration thereof in <br />the proportion of which the adjoining Owner uses the wall without <br />prejudice, however, to the right of any such Owners to call for a <br />larger contribution from the others under any rule or law regard- <br />ing liability for negligent or willful acts or omissions. <br /> <br />Section ], Weatherproofing, Notwithstanding any other pro- <br />vision ot this Article, an Owner who by his or her negligent or <br />willful act causes the party wall to be exposed to the elements <br />shall bear the whole cost of furnishing the necessary protection <br />against such elements, <br /> <br />Section 4, Right to Contribution Runs with Land. <br />of any owner to contribution from any other Owner under <br />Article shall be appurtenant to the land and shall pass <br />Owner's successors in title, <br /> <br />The right <br />this <br />to such <br /> <br />Section 5. Arbitration, In the event of any dispute aris- <br />ing concerning a party wall or under the provisions of this <br />Article, each party shall choose one arbitrator, and such arbitra- <br />tors shall choose one additional arbitrator, and the decision <br />shall be by a majority of all the arbitrators. <br /> <br />ARTl CLE VI I <br /> <br />GENERAL RESTRICTIONS <br /> <br />Section I, Awnings, No awnings or sun screens of any type <br />shall be atfixed to any building or structure within the Property <br /> <br />" <br />-1- <br /> <br />u <br /> <br />L <br /> <br />L <br /> <br />-1 <br /> <br />L <br />
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