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1 <br />81--~)~7333"~ <br />built as a dividing wall between separate dwellings constructed <br />upon the Lots as part of the original construction of-homes <br />upon the Properties shall constitute a party wall to be used <br />by the adjoining landowners as such, notwithstanding the fact <br />that the wall so constructed, through error in construction <br />or settling of the wall, may not be Located precisely on the <br />dividing -line between the hots. To the extent not inconsistent <br />with the provisions of this Article, the general rules of 1~ <br />regarding party walls and liability for property damage, due-to <br />negligence or willful acts or omissions shall apply thereto. <br />Section 2. Destruction by Fire or Other Casualt Tf <br />a party wa is estroye~c or~ged~~ re or other casualty <br />to 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 />lando*a::er for the purpose ofconstruction of said wall, and <br />;f ~n~ ~rher_thrnar_thereafter makes any use of the wall by <br />commencement of construction on his premises a joining sal wa , <br />such other Owner shall contribute to the cost of restoration <br />thereof in the proportion of which the adjoining Owner uses the <br />wall without prejudice, however, to the right of any such 6wners <br />to call for a larger contribution from the others under any rule <br />of law regarding liability for negligent or willful acts or <br />omissions. <br />Section 3. Weatherproofing. Notwithstanding any other <br />provision o~'ArticI-e, an~wner who by his negligent or <br />willful act causes the party wall to be exposed to the elements <br />shall bear the whose cost of furnishing the necessary protection <br />against such elements. <br />Section 4, Right to Cantributian Rung with Land. The <br />right of anyny per to contri ution~m any o er termer under <br />this Article shall be appurtenant to the land and shall pass <br />to such Owner's successors in title. <br />Section S. Arbitration, In the event of any dispute <br />arising concerning a party"~ waZ'?-.~Aor under the provisions of <br />this Rrticle, each party shall choose one arbitrator, and such <br />arbitrators shah choose one additional arbitrator, and the <br />decision shall be by a majority of all the arbitrators. <br />ARTICLE vll <br />GENERAL RESTRICTIONS <br />Section I. Aw~nin~s_ :~o awnings or scan screens of any <br />type shall e~~a`~~xed to any building or structure within the <br />Properties without the written consent of the Committee. <br />Section 2. Lives tack and Paultr Prohibited. No <br />animals, ls.ves""~~` t~iae char you try o any in s a e raised or <br />kept an any property in the Properties, except household pets, <br />and the Board of Directors may establish and revise from time <br />to time rules and regulations limiting the kind, number and <br />activities of such gets, <br />Section 3. Noxious Activity. No noxious or offensive <br />activity s~aTl-~Ilowe an t e roperty, nor st-xa11 any trash, <br />ashes ar ether refuse be thrown, placed, or dumped upon any <br />vacant building site, nor shall anything ever be done which <br />may be or become an annoyance or nuisance to the neighborhood. <br />Section 4, Outbuildings Prohibited. Na outbuilding <br />or other attar a structure appurtenant to a residence may be <br />erected on any of the building sites hereby restricted without <br />the consent in writing of the Committee. <br />Section 5. Te orar Structure. Na trailer, basement, <br />tea*it, shae~i, ,garerge, barn a~ o[1'cer~~ out~uklding shall at any <br />t#ste b~ aced for human 'habitation, temporarily or permanently, <br />_b.. <br />