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7.1.F. - Page 128 <br /> of settlement shall be payable to the Association, or any trustee appointed by the Association, for <br /> the use and benefit of the Owners and their Mortgagees as their interests may appear. In the <br /> event of an award for the taking of any Condominium in the Project by eminent domain, the <br /> Owner(s) of such Condominium shall be entitled to receive the award for such taking and, after <br /> acceptance of the award, the Owner(s) and Mortgagee shall be divested of all interest in the <br /> Project if such Owner(s) shall vacate his Condominium as a result of such taking. The remaining <br /> Owners shall decide by majority vote whether to rebuild or repair the Project, or take other action. <br /> The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be <br /> amended to reflect such taking and to readjust proportionately the percentages of undivided interest <br /> of the remaining Owners in the Project. In the event of a taking by eminent domain of any part of <br /> the Common Area, the Association shall participate in the negotiations, and shall propose the <br /> method of division of the proceeds of condemnation, where Condominiums are not valued <br /> separately by the condemning authority or by the court. Proceeds of condemnation shall be <br /> distributed among Owners of Condominiums and their respective Mortgagees according to the <br /> relative values of the Condominiums affected by the condemnation, said values to be determined <br /> by the method provided in Section 8.2. Owners shall be represented by themselves or their <br /> attorneys in any condemnation actions involving Units. <br /> If there is a substantial taking of the Project (more than fifty percent (50%)), the Owners <br /> may terminate the legal status of the Project and, if necessary, bring a partition action under Civil <br /> Code § 4610 or any successor statute, on the election to terminate by fifty-one percent (51%) of <br /> the total voting power of the Association and the approval of Eligible Mortgage Holders holding <br /> Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of <br /> Condominiums subject to Eligible Mortgages. The proceeds from the partition sale shall be <br /> distributed to the Owners and their respective Mortgagees in proportion to the fair market values of <br /> their Condominiums as determined under the method described in Section 8.2. <br /> 8.4. Condemnation of Exclusive Use Common Area: If there is a taking of all or any <br /> portion of Exclusive Use Common Area, the award in condemnation shall be paid to the Owner of <br /> the Condominium to which the taken Exclusive Use Common Area was appurtenant; however, such <br /> award shall first be applied to the balance then due on any Mortgages encumbering such Owner's <br /> Condominium, in order of priority. <br /> 8.5. Portions of Awards in Condemnation Not Compensatory for Value of Real Property: <br /> Those portions of awards in condemnation that do not directly compensate Owners for takings of <br /> real property (e.g., awards for takings of personal property, relocation expenses, moving expenses, <br /> or other allowances of a similar nature intended to facilitate relocation) shall be paid to the Owners <br /> whose personal property is taken, or whose relocation is intended to be facilitated. <br /> ARTICLE IX. GENERAL PROVISIONS <br /> 9.1. Enforcement: The Association, or any Owner, shall have the right to enforce, by <br /> any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and <br /> charges now or hereafter imposed by the provisions of the Governing Documents, and in such <br /> action shall be entitled to recover reasonable attorneys' fees as are ordered by the Court. Failure <br /> by the Association or by any Owner to enforce any covenant or restriction contained in this <br /> Declaration shall in no event be deemed a waiver of the right to do so thereafter. Failure by the <br /> Association to enforce the Governing Documents shall not be deemed to constitute approval of or <br /> consent to any violation or failure to comply with the Governing Documents. <br /> 9.2. Invalidity of Any Provision: Should any provision or portion of this Declaration be <br /> declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the <br /> validity of all other provisions and portions hereof shall remain unaffected and in full force and <br /> effect. <br /> 65 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />