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09l26l2048 13:37 <br />� <br />� <br />(FAX)65969028T3 PA24l034 <br />Attachment D <br />Any distribution oi funds shall be ba.sed upon the vaiue ai the Units as deternLined by <br />their relative value %r praperty it�surance purposes, an.d shall b� made to OwnErs and <br />their mortgage holders, as their interests �nay �ppear, as provided in the Act. <br />12.4 Association's . Authoritv. In all cases involving recanstructian, <br />cnndemnation, emin.ent dornain, termination or liquidation of the common interesY <br />comm�ty, the Assoczation shall have autkority to act o� behalf of the Owners in alI <br />proceedings, negatzations and settIement of claims. Ali proceeds shall be payable to the <br />Associatian to hold and c�istribute fo� the benefit of the Qwners and their mortgage <br />hoiders, as their interests rnay appea.r, in accordance with the Ac�. <br />S�CTION 13 <br />EASEMENTS <br />Each Unit and the Cotntr�ons Elements, and the rights oi fl�� Ou�ers and <br />Occupants therein, shall be subject to the appurtenant easements at�a rights granied and <br />reserved in this Section 13. <br />13.1 Access. Each Unit shall be the beneficiary of a nonexclusive easement for <br />aecess to and from a pul�lic roadway on a.nd across t�iose portions �f the Comrnon <br />Elements designated for �e as r�adways or walkways, as originr�Ily constructed, showza <br />on the Plat or otherwise designated by the Assaciation; subject to any restrictions <br />authorized by the Governing Docu�ne�ts or the Rules and Regr�lations. <br />132 Use and E�avment. �ach Unit shal� be th�e beneficiary of nonexclusi�e <br />easements for use and enjoyzxaent on and across �.he Common Elements, and for use and <br />enjo�tnent of any Limited Common Elements allocated to the Unit, subject to any <br />restrict�ons authorized by ihe Governing Documents. <br />13.3 Struct�tral Sup,port. Each Unit and thc Common Elements shall be subject <br />to and the beneficiary of nonexclusive ease�ents for struc�tural support in all wails, <br />cohunns, joists, gi�rders a.nd other sf�ctural components loeated in or passing through or <br />shared with another Unit or the Co�mon Eiements, <br />13.4 Encroachments. Each Unrt and the Common Elements, and the rights of <br />the Owt�ers and Occupants therein, shall be subject tn nonexclusive easements in favor of <br />the adjoining Units for rninor encxoachrrients ca�ased hy the construction, reconstruc�ion, <br />repair, shifting, settlement or movement of any part of the Praperty, and %r <br />improvements w�ich are part af the originai canstr�ction af the Froperty or which are <br />added in comp�iance with Seciion 8: If there is an encraachn�ent upon another Unit or the <br />Common Elements as a result af any of the aforerr�entioned causes, an appUrtenat�t <br />easemem sha�l e�st far the eneroachment, for the use, enjoyment a.nd habitation of any <br />encroacl�ing improvement, and for the maintenanee t�ereaf. However, vwith respect to <br />iznprovements or a.Iterations adde� pursuant to Section 8, no easement shall exist unless <br />the resuIting encroachment is minor and the proposed irr�provemen�s have been approved <br />23 <br />