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shall be commenced as soon as practicable after the casualty and shall be substantially in accordance with the plans, specifications and design of the Property as initially constructed and subsequently improved. 11.2. Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, (i) that notice shall be given as provided in Section 11.4 and 16.4; (ii) that the Association shall be the attorney4n4act to represent the Owners in any related proceedings, negotiations, settlements or agreements; and (iii) that any awards or proceeds shall be payable to the Association for the benefit of the Owners and the Mortgagees of their Units, as their interests may appear. 11.3. Termination and Liquidation. The termination of the common interest community, and the distribution of any proceeds therefrom, shall be governed by the Act, except that any distributions shall be allocated based upon the value of the Units as unanimously agreed upon by the Owners, or by appraisers agreed upon in writing by a majority of the Owners and Mortgagees, and shall be made to Owners and their Mortgagees as their interests may appear. 11.4. Notice. The Association shall give written notice of any condemnation proceedings or substantial destruction of the Property to the Mortgagees within ten business days after the casualty or first legal notice of condemnation. 11.5. Association's Authority. In all cases involving reconstruction, condemnation, eminent domain, termination or liquidation of the common interest community, the Association may (i) act on behalf of the Owners in all proceedings, negotiations and settlement of claims, or (ii) delegate the authority to act to an Owner or Owners of the affected Units if the casualty affects fewer than all Units. If such authority is retained and exercised by the Association, then all proceeds shall be payable to the Association to hold and distribute for the benefit of the Owners and their Mortgagees. Mortgagees are entitled to priority for awards and distributions in accordance with the priorities established by the Act and their mortgage loan documents, as their interests may appear. SECTION 12 EASEMENTS The following appurtenant easements and rights are hereby granted, conveyed, dedicated and reserved on, over, under and across the Property, as applicable. 12.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from public roadways and walkways on and across those portions of the Common Elements designated for use as roadways, driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the Association, subject to any restrictions authorized by (i) the Governing Documents or the Rules and Regulations, or (ii) any governmental authority. 12.2. Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive easements for use and enjoyment on and across the Common Elements and any Limited Common Element allocated to the respective Units, subject to any restrictions authorized or imposed by the Governing Documents. 12.3. Structural Support. Each Unit and the Common Elements shall be subject to and the beneficiary of nonexclusive easements for structural support in all walls, columns, joists, girders and other structural components located in or passing through another Unit or other parts of the Building or shared with an adjoining Unit or the Common Elements. 12.4. Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Tenants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, and for any improvement which is added in compliance with Section 8. If there is an encroachment upon another 21