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~I-~`~~1~53$3 <br />nos shall any structure of a temporary 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/or construction <br />office oa any building site in the properties to be used during <br />the 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 and <br />may operate such office or offices therein for so long as they <br />deem necessary for the purposes of selling. renting or leasing <br />the Properties. <br />RETICLE VIII <br />INSURANCE <br />Section 1. Insurance. The Association shall purchase <br />insurance on- tTie~mmon rhea in such amounts as it deems <br />sessonabie. <br />Section 2. Association as A ent. The Association is <br />hereby irrevoca6fy appo-inted~agent or 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. A11 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 (2/3) of the value of the <br />buildings and improvements. In such case. should the Owner <br />so-elect not to rebuij.d, 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 any 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 cost of repairs, the excess <br />cost shall be considered s maintenance expense to be assessed <br />and collected by the Association from the Owners of the damaged <br />improveanta. Ia caaa of over-insurance, any excess grocee <br />of ~nsttrst~ce r•criwd shall ba credited _ to the yiorking Fund <br />far the Aaaociation. <br />Section 3. Additional Insurance. Bach Lot Owner may <br />obtain ad tdi~'aT~asurance at s espenae, 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 />f_ar such purpose. <br />ARTICLE. X, <br />G&1ERt1L PROVISIONS <br />Ricti9a_1. Snforcemmr-t.. The Association or any Owner, <br />shall have , • r t to ~ once y any proceeding at law .or in <br />equity. all raft ctio~, conditions, covenants, reservations, <br />li4na, annd charges now or hereafter imposed by the provisions <br />of this Declaration. Failure by the Association or by an Owner <br />to ~eforce say cownan,ta or restrictions herein contained shall <br />in ~ event be dewed a waivor of .the right to do so thereafter. <br />-7- <br />