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80---Uf' S~~t3 <br />Section 2. Destruction b Fire or Other Casual If <br />a party walZ~~estroye or ge y re or a er casualty <br />to the extent the same is net 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 />iaadowner for the purpose of construction of said wall, and if <br />any other Owner thereafter makes any use of the wall by c~aaence- <br />ment of construction axe his premises adjaiz~i~~g said wall, such <br />other Owner shall contribute to the cost of restoration thereof <br />in the proportion of which the adjoining Owner uses the yell <br />without: prejudice, however, to the right of any such Owners to <br />call for a larger contribution from the others under asp rule of <br />law regarding liability for negligent or willful acts or omissions. <br />Section 3. Weather roofi Notwithstanding any other <br />provision o t is rtic e, an er who by his 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 />Section 4. Ri ht to Contribution Rvna with Land. The <br />right of axajr 7~xter to cantz ut on ram any of er er under <br />this Article shall be appurtenant to the land and shall pass to <br />such Owner's successors fn tiCle. <br />Berrien 5. Arbitration.. In the event of any dispute <br />arising coiicern~ng-a party wa , or undax 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 />ARTICLE VII <br />GENERAL RESTRICTIONS <br />Sectic:~ 1. ~~nin•s. No awnings or sun screens of any <br />type shall e a xed to any-building or structure within the <br />Properties without the written consent of the Coms~i.ttee. <br />Section ?. Livestock and Paultr Prohibited. No <br />animals, lt.vestac or you try o -any n s a e rax.sed or kept <br />on arty property in the Properties, except household pets, and the <br />Bzard of Directors may estnbli.sh and revise from time to time <br />rules and regulations limiting the kind, number and activities <br />of such gets. <br />Section 3. Noxious Act~iv~it~. No noxious or offensive <br />activity spa I-Tie allowe on t e property, nor shall any trash, <br />ashes or other refuse be thrown, placed, or dumped upon any <br />vacant building site, nor shall anything ever be done which may <br />bs or became a-n annoyance or nuisance to the neighborhood. <br />Berrien :+. Outbuildiui~s Prohibited. No outbuilding; <br />or other attar a structure appurtenant to a residence may be <br />erected axn any of the building sites hereby restricCed without <br />'the: consent in ;writing of the Committee. <br />5ectian 5. Te~orar Structure. Na trailer, basen~at, <br />tent, stx barn ar of r ou~ t6u~lding shall at any time <br />be ud for h+ habitation, temporarily or permanently, nor <br />a~hawll any struct:n;e of a te~rorarr cFiaxaetez be used far human <br />haUs'itation. Provided, however, nothing caatained herein shall <br />restrict Declarant ar their assigns from locating, constructing <br />or apoving a temporary real estate and/ar construcefan o€f ice on <br />enxy"'tauilding site in the properties to be used during the period <br />of ttwa construction and sale of the Properties. Declarant ar <br />~__~. ~y aasQ erect and maintain medal homes for sales <br />pass atai rental and lease purposes and may opexate such <br />offfcae or offices therein foz so long as they deem necessary for <br />C#st gstr~oaea of selling, renting or leasing the Properties. <br />_~,_ <br />