Laserfiche WebLink
right to see any remedies at law or in equity which it may have. In addition, Declarant <br /> shall have the right, but not the duty, to enter upon such Owner's Lot to make such repairs <br /> or to perform such maintenance and to charge the cost thereof to the Owner. <br /> 8.1.2. Damage to Improvements-Reconstruction. If all or any portion of <br /> any Lot or any Improvement thereon is damaged or destroyed by fire or other casualty, it <br /> shall be the duty of the Owner of such Lot to rebuild, repair or reconstruct the Lot and the <br /> Improvements on such Lot in a manner which will restore them substantially to their <br /> appearance and condition immediately prior to the casualty. The Owner of any damaged <br /> Lot or Improvements shall be obligated to proceed with all due diligence hereunder, and <br /> such Owner shall cause reconstruction to commence within three (3) months after the <br /> damage occurs and to be completed within nine (9) months after damage occurs, unless <br /> prevented by causes beyond his reasonable control. A transferee of title to the Lot which <br /> is damaged or upon which is located a damaged Improvement shall commence and <br /> complete reconstruction in the respective periods which would have remained for the <br /> performance of such obligations if the Owner of the Lot at the time of the damage still <br /> held title to the Lot. However, in no event shall such transferee of title be required to <br /> complete such reconstruction in less than ninety (90) days from the date such transferee <br /> acquired title to the Lot. <br /> ARTICLE 9. <br /> MORTGAGE PROTECTION <br /> 9.1. Rights of Mortgagees. All restrictions and other provisions herein <br /> contained shall be deemed subject and subordinate to all Mortgagee and Deeds of Trust <br /> now or hereafter executed upon the Covered Property or any portion of either thereof, <br /> and none of said restrictions shall supersede or in any way reduce the security or affect <br /> the validity of any such Mortgage or Deed of Trust; provided, however, that if a portion <br /> of the Covered Property is sold under a foreclosure of any Mortgage or under the <br /> provisions of any Deed of Trust, any purchaser at such sale, including, without limitation, <br /> the lender, and the successors and assigns of such purchaser, shall hold any and all <br /> property so purchased subject to all of the rights, restrictions and other provisions of this <br /> Declaration. The foregoing shall also apply to a deed in lieu of foreclosure and to the <br /> transferee of the lender after such deed in lieu. <br /> ARTICLE 10. <br /> DECLARANT EXEMPTION <br /> 10.1. Declarant Exemption. Declarant or its successors or assigns shall be <br /> obligated to undertake the work of constructing the Residence Units and developing all of <br /> the Lots included within the Covered Property. The provisions of Article 3 requiring <br /> approval of Plans and Specifications shall not apply to the Improvements built or <br /> designed by Declarant for each Lot. Declarant, and any Person to which Declarant may <br /> assign all or a portion of its exemption hereunder. In order that such work may be <br /> completed and the Covered Property be established as a fully occupied residential <br /> 15 <br />