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<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 Lots. To the extent not inconsistent <br />with the provisions of this Article, the general rules of law <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 b Fire or Other Casualt Zf <br />a party waLl~s ~troye or ge y re or o er 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 />landowner for the purpose of construction of said wall, and <br />if any other Owner thereafter makes any use of the wall by <br />commencement of construction on his premises adjoining said wall, <br />such other Owner shall contribute to the cost of restoration <br />thereof in the proportion of which the adjoining Owner uses the <br />wa12 without prejudice. however, to the right of any such Owners <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 oft is~irtiTe, an owner wno 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 Runs with Land. The <br />right of any ier to contr ut on rom any of er Owner under <br />this Article shall be appurtenant to the land and shall pass <br />to such Owner's successors in title. <br />Section 5. Arbitration. In the event of any dispute <br />arising concem~ng a party w~.T; -or under the provisions of <br />this Article,. each party shall choose one arbitrator, and such <br />arbitrators shall choose one additional arbitrator, and the <br />decision shall be by a majority of all the arbitrators. <br />ARTICLE VII <br />CEliE~a~- RESTRICTIONS <br />Section 1. Avni~~tggs_. Na awnings or sun screens of any <br />typs shallxed to^bany wilding or structure within the <br />Properties without the written consent of the Coarittee. <br />Section 2. Livestock and Poult Prohibited. No <br />animals, 1 vesi- to~or you try o any n s a e ra sed or <br />kept on any property in the Properties, except household pets, <br />and the Board of Directors say establish and revise from time <br />to ties rules and regulations limiting the kind, number and <br />activities of such pets. <br />Section 3. Noxious Activit No noxious or offensive <br />activity s a e a lows on t e roperty, nor shall any trash, <br />ashes ar other refuse he thrown. placed, or dumped upon any <br />vacant building site, nor shall anything ever be done which <br />may be ar becose an annoyance ar nuisance to the neighborhood. <br />Section 4. Outbuildings Prohibited. No outbuilding <br />cr ether at _ac structure appurtenant to a residence may be <br />erected on any of the building sites hereby restricted without <br />the cs~xtsent in writing of the Committee. <br />Section 5. Te~orar~ S~t-ructure. No trailer, basement, <br />tent, shag gage, beset oY otFier ou`~lding shall at any <br />aims ha wed ~or hu~osn habitation, teaporarily or permanently, <br />-6- <br />