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25 <br />SECTION 11 <br />RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION <br />11.1. Reconstruction. The obligations and procedures for the repair, reconstruction or <br />disposition of the Property following damage or destruction thereof shall be governed by the Act. <br />Any repair or reconstruction shall be commenced as soon as practicable after the casualty and <br />shall be substantially in accordance with the plans, specifications and design of the Property as <br />initially constructed and subsequently improved. <br /> <br />11.2. Eminent Domain. In the event of a taking of any part of the Property by <br />condemnation or eminent domain, the provisions of the Act shall govern; provided, (i) that notice <br />shall be given as provided in Section 11.4 and 16.4; (ii) that the Association shall be the <br />attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements or <br />agreements; and (iii) that any awards or proceeds shall be payable to the Association for the <br />benefit of the Owners and the Mortgagees of their Units, as their interests may appear. <br /> <br />11.3. Termination and Liquidation. The termination of the common interest <br />community, and the distribution of any proceeds therefrom, shall be governed by the Act, except <br />that any distributions shall be allocated based upon the value of the Units as unanimously agreed <br />upon by the Owners, or by appraisers agreed upon in writing by a majority of the Owners and <br />Mortgagees, and shall be made to Owners and their Mortgagees as their interests may appear. <br /> <br />11.4. Notice. The Association shall give written notice of any condemnation <br />proceedings or substantial destruction of the Property to the Mortgagees within ten business days <br />after the casualty or first legal notice of condemnation. <br /> <br />11.5. Association’s Authority. In all cases involving reconstruction, condemnation, <br />eminent domain, termination or liquidation of the common interest community, the Association <br />may (i) act on behalf of the Owners in all proceedings, negotiations and settlement of claims, or <br />(ii) delegate the authority to act to an Owner or Owners of the affected Units if the casualty <br />affects fewer than all Units. If such authority is retained and exercised by the Association, then <br />all proceeds shall be payable to the Association to hold and distribute for the benefit of the <br />Owners and their Mortgagees. Mortgagees are entitled to priority for awards and distributions in <br />accordance with the priorities established by the Act and their mortgage loan documents, as their <br />interests may appear. <br /> <br />SECTION 12 <br />EASEMENTS <br />The following appurtenant easements and rights are hereby granted, conveyed, dedicated <br />and reserved on, over, under and across the Property, as applicable. <br /> <br />12.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access <br />to and from public roadways and walkways on and across those portions of the Common <br />Elements designated for use as roadways, driveways or walkways, as originally constructed, <br />shown on the Plat or otherwise designated by the Association, subject to any restrictions <br />138