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<br /> ' SECTION 11 • �
<br /> �RECONSTRUCTION, C�NDEMNATION,AND EMINENT DOMAtN
<br /> 1 111 Reconstruction. The obligations and procedures for the repair, reconstruction, r �
<br /> dis�Gsitio�h of the Property fallowing damage or destraction ihereof shal] be governe�by the A :.
<br /> Any repair or reconstruction shall be commenced as soon as praciicab;e a�.er the casualty a d
<br /> shall be st�bstantially in accordance with the plans, specifications, and design of the ProperEy s
<br /> initially c�nstrt:cted and subsequentiy improved. Nozice of substantial damage or destructi n
<br /> shall be g��en as provided in Section 15.10. �
<br /> 11 I2 Condemnation and Eminent Domain. In the event of a taking of any part of tt�e
<br /> Property b�y condemnation or eminent domain, the provisions of the Act shall govern; provide , �
<br /> (i) that no�ice shall be given as provided in Section I S_10, (ii) that the Association shall be t e
<br /> attorney-in-fact to represent the Uwners in any related proceedings, negotiations, settlements, r
<br /> agreement5, and (iii) that any awards or proceeds shall be payable to the Association for t e
<br /> benefit of the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitled o �
<br /> priority fot condemnatian awards in accordance with the priorities established by the Act and t e �
<br /> Govemingl Documents,as their interests may appear.
<br />, 11.3 Termination and Liquidation. The termination of the Condaminium, and t e
<br /> distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of fun s
<br /> shall be based upon the value of the Units as determined by thcir retative value for prope
<br /> insurance purposes, and shall be made to Owners and their mortgage holders, as their interes
<br /> • may appear,as provided in the Act. �
<br /> 11.4 Notice. The Association shall give written notice of any condemnatio�
<br /> proceeding� or substantial destruction of the Property to the :Etigible Mortgagees entitled t�
<br /> notice unde�r Section I 5.10. ,
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<br /> 11.5 Association's Authoritv. ln al] cases involving reconstruction, condemnatio , '
<br /> eminent domain, termination or liquidation of the Condominium, the Association shall hav
<br /> authority td act on behalf of the Owners in all proceedings, negotiations, and settlement o
<br /> claims. A11 proceeds shall be payable to the Association to hold and distribute for the benefit o
<br /> the Owners and their mortgage holders, as their inEerests may appear,in accordance with the Act
<br /> SECTION l2
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<br /> EASEMENTS
<br /> The,fc)lowing appurtenant easements and rights are hereby granted,conveyed, dedicated
<br /> and reserved on, over,under,and across the Property,as applicable.
<br /> ]2.1 Utilities, Services, and Oqeratine Svstems. The Common Elements and the Units
<br /> shall be sub�ect to and benefited by nonexclusive easements in favor of the City, the Association
<br /> and all utility companies and other service providers for the instatlation, use,maintenance, repai
<br /> and replacement of all utilities, services and common operating systems, such as natural gas,
<br /> electricity, �able TV, security, telephone and other electranic communications, water, sewer,
<br /> MPLS-Word 9528i1.1 1 77
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