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~~ <br /> <br />gZ-UU333'~ <br />nor shall any structure of a teatparary character be used for <br />human habitation. Provided, however, nothing contained herein <br />shall restrict Declarant or their assigns from locating, con- <br />structing or moving a temporary real estate and/ar construction <br />office on any building site in-the properties to be used during <br />*_he period of the construction and sale of the Properties. <br />Declarant or their assigns may also erect and maintain model <br />homes for sales purposes and rental and lease purposes sad <br />may operate such office or offices therein for so long as the}* <br />deem necessary for the purposes of selling, renting er leasing <br />the Properties. <br />ARTICLE VIII <br />IrrsuRAivcE <br />Section 1. Insurance. The Association shall purchase <br />insurance on the Gammon Area in such amounts as it deems <br />Section Z. Association as~Ae~~n_t. The Association is <br />hereby irrevoca ly appointed agent of r each, Owner and his mort- <br />gagees to adjust all claims arising under insurance policies <br />purchased by the Association on the improvements on the Properties <br />and to execute and deliver releases upon payment of claims <br />without joinder by the Owner. All insurance proceeds shall be <br />applied by the Association toward repairing the damage suffered; <br />provided that reconstruction or repair shall not be compulsory <br />where the damage exceeds two-thirds (2J 3) of the value of the <br />buildings and improvements. In such case, should the Osmer <br />so elect not to rebuild, the proceeds, along with the insurance <br />indemnity, if any, shall be credited to each Owner in accordance <br />with his pro rata share of the loss sustained by the damage or <br />casualty for which the proceeds shall be payable, and said sums <br />shall be first applied toward satisfaction of env recorded <br />first mortgage against each Lot, next toward satisfaction of <br />junior recorded liens in order of their priority, next toward <br />the cost of razing the improvements or any remnants thereof from <br />said premises and the filling and leveling of said Lot, and the <br />remainder shall then be paid to such Owner. In case the <br />insurance proceeds do not equal the cast of repairs, the excess <br />cast shall be considered a maintenance expense to be assessed <br />and collected by the Association from the Owners of the damaged <br />improvements. In cases of over-insurance, any excess proceeds <br />of insurance received shall be credited to the Working Fund <br />for the Association. <br />Section 3. Additional Insurance. Each Lot Owner may <br />obtain additions insurance at is expense, for his own benefit. <br />ARTICLE IX <br />ACCESS <br />The Association, its employees and agents, shall have <br />the right to go on any Lot for the purposes of performing <br />maintenance and repair, making inspections and performing its <br />duties hereunder, and is hereby granted a specific easement <br />for such purpose. <br />ARTICLE X <br />GENERAL PROViSZONS <br />Section 1. Enforcement. The Association or any Owner, <br />shall- have. ter g~tt to en orce y any proceeding at law or in <br />equity, all restrictions, conditions, covenants, reservations, <br />liens, and charges now or hereafter imposed by the provisions <br />of this Declaration. Failure by the Association or by an Ownez <br />to enforce any covenants or restrictions herein contained shall <br />in ns event be deemed a waiver of the right to do so thEreafter. <br />-7- <br />