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- t: C. Any lien affecting any Lot shall be deemed to be transferred with the same priority to the undivided interest in the Properties, except the Lots, and funds attributable to such Lots as provided for in this Declaration. D. The properties, (except the Lots) and funds shall be subject to an action for partition at the suit of any holder of an interest therein. In which case the funds; net proceeds, if any, from the sale of the properties (except Lots); not insurance proceeds, damage or settlement proceeds, if any, received for damage to the properties, (except Lots) shall be considered one fund. Said fund shall be used first to satisfy all liens on the properties (except Lots), with the balance of the fund to be divided in equal shares among the Lots for the benefit of those who hold an interest in a Lot and distributed to those who hold any interest therein, after there has been deducted from the share of said Lot any assessment, levied under Article V of this Declaration against said Lot which is due and owing as of the date of the distribution. For the purpose of this paragraph the term "funds" shall refer to the balance in all bank accounts held by the Association. E. In the event a majority of the members, whose Lots have not been taken or destroyed or could be restored pursuant to Section 4 of this Article, and first Mortgagees, based upon one vote for each mortgage held, who hold first mortgages on the Lots entitled to vote under this paragraph, give their prior written approval within ninety (90) days of the date of damage, those Lots shall continue to be subject to the covenants, conditions and restrictions of this Declaration and the undivided share of the properties (except Lots) funds, as defined in subparagraph B set out above. However, before said funds and proceeds are redeposited, all liens, including all annual, special, insurance, and special exterior maintenance, and assessments which have been assessed against each Lot which is subject to this paragraph, which have a claim to said funds and proceeds belonging to all Owners of Lots subject to this paragraph are not enough to pay the outstanding liens which have a claim to said funds and proceeds, a special assessment shall be levied pursuant to Section 5 of Article V of this Declaration against each Lot which is subject to the provisions of this paragraph. The Association shall open a new bank account which will contain only redeposited funds and proceeds remaining after all liens have been paid and those assessments which became due and payable on or after the effective date of the notice of non-restoration shall set out the legal description of all Lots belonging to those members who elect to remain subject to the covenants, conditions and restrictions of this Declaration. Section 3. Restoration or Reconstruction Assessment. If the insurance proceeds, damages or settlement proceeds are not enough to defray the estimated or actual cost of restoration or reconstruction, a special assessment shall be made against all Lots in sufficient amounts to pay the estimated actual cost of such restoration and reconstruction. Sections 5 and 8 of Article V shall not apply to any special assessment levied under this Article XIII. Any special assessment shall be apportioned equally among all Lots. Section 4. Lots. In the event of damage, destruction or taking, as long as one Owner does not suffer a total loss of his or her Lot, that is, the insurer or commissioner in condemnation holds that the Lot can be restored to its original condition then said Lot shall be reconstructed. The plans for reconstruction of a Lot or Buildings must be' approved in writing by the Architectural Control Committee set out in Section 1 of Article VIII. The size, 21