DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
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ARTICLE X (cont.)
10.2. Sale of Property and Right to Partition (cont.).
Project and do further covenant that no action for such judicial partition shall be instituted, prosecuted or reduced to judgment.
10.3. Notice to Owners and Listed Mortgagees.
The Board, immediately upon having knowledge of any damage or destruction affecting·a material portion of the Common Property, shall promptly notify all Owners and Beneficiaries, insurers and guarantors of first Mortgages on Condominiums in the Project who have filed a written request for such notice with the Board. The Board,·immediately upon having knowledge of any damage or destruction affecting a Unit, shall promptly notify any Beneficiary, insurer or guarantor of any Mortgage encumbering such Unit who has filed a written request for such notice with the Board.
ARTICLE XI
11. Eminent Domain.
The term "taking" as used in this Article means condemnation by exercise of the power of eminent domain or by sale under threat of the exercise of the power of eminent domain. The Board shall represent the Owners in any proceedings, negotiations, settlements, or agreements regarding takings. All takings proceeds attributable to the Common Area and Corporation Property (excluding the Exclusive Use Areas) shall be payable to the Association. All takings proceeds attributable to Condominiums shall be payable to the Owners as provided in this Article XI.
11.1. Condemnation of Common property.
If there is a taking of (a) all or any portion of the Common Area or any interest therein (other than the taking of an undivided interest therein taken as a result of the taking of a Condominium), or (b) all or any portion of the Association Property (other than Exclusive Use Area) or any interest therein, then the award in condemnation shall be paid to the Association and shall be deposited in the Operating Fund.
11.2. Condemnation of Exclusive Use Area.
If there is a taking of all or any portion of an Exclusive Use Area which is not taken in, connection with the taking of all or any portion of the Unit to which it is appurtenant, the Owner of the affected Unit shall be responsible for all proceedings, negotiations, settlements or agreements regarding the taking.
11.3. Condemnation of Condominiums.
If there is a taking of a Condominium, the Owner of the affected Unit shall be responsible for all proceedings, negotiations, settlements or agreements regarding the taking.
11.4. Condemnation of Portions of Units.
If there is a taking of all or any portion of a Condominium and the Owner does not notify the Board of his intent to rebuild the Dwelling Unit within ninety (90) days from receipt of a request for notice from the Board, then the Board, at its option, may have the remaining portions of the